Md. Code Ann., Real Prop. § 14-126
Local laws or ordinances relating to summoning law enforcement or emergency services
Effective Jul 1, 2025Added by Acts 2023, c. 768, § 1, eff. Oct. 1, 2023; Acts 2023, c. 769, § 1, eff. Oct. 1, 2023. Amended by Acts 2025, c. 476, § 1, eff. July 1, 2025; Acts 2025, c. 477, § 1, eff. July 1, 2025.State of Maryland
(a)
- (1) In this section the following words have the meanings indicated.
- (2) “Emergency services” includes fire, rescue, and ambulance services and a mobile crisis team as defined in § 10-1401 of the Health--General Article.
- (3) “Governing body” has the meaning stated in § 1-101 of the Local Government Article.
- (4) “Municipality” has the meaning stated in § 1-101 of the Local Government Article.
- (5) “Rental license” means any certificate, license, or permit required to rent residential real property issued by a county or a municipality.
(6)
- (i) “Short-term rental unit” means a residential dwelling unit or a portion of the unit used to provide housing for less than 31 consecutive days.
- (ii) “Short-term rental unit” does not include a hotel or motel, boarding house, group residential facility for students, fraternity or sorority house, or similar housing.
(b) This section does not apply to a local law or ordinance governing:
- (1) The installation and use of residential security alarm systems;
- (2) The physical condition, sanitation, maintenance, or repair of real property, including vacant buildings;
- (3) Parking enforcement;
(4) Calls to law enforcement concerning social gatherings or excessive noise that do not involve an offense set forth in the Criminal Law Article and are:
- (i) Made with the intent to harass another; or
- (ii) Knowingly false, as a whole or in material part; or
- (5) Short-term rental units.
(c)
(1) The governing body of a county or a municipality may not enact or enforce a local law or ordinance that:
- (i) Establishes a threshold of requests to summon law enforcement or emergency services to a residential property as grounds for designating a property as a nuisance; or
(ii) Penalizes or authorizes a penalty against an operator, an owner, an owner-occupant, or a tenant for:
- 1. The act of summoning law enforcement or emergency services to a residential property; or
- 2. The actions of another individual to summon the assistance of law enforcement or emergency services to a residential property.
(2) There is a presumption that a local law or ordinance relating to summoning law enforcement or emergency services to a residential property is prohibited under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or requires:
- (i) The assessment of a monetary penalty or fine on an operator, an owner, an owner-occupant, or a tenant;
- (ii) The use of an action for repossession of a dwelling unit from a tenant or termination or nonrenewal of a tenant's lease; or
- (iii) The revocation, suspension, or nonrenewal of a rental license.
(d) An operator, an owner, an owner-occupant, or a tenant may raise the issue that a local law or ordinance is prohibited under subsection (c) of this section:
- (1) As a defense to an action to enforce the local law or ordinance; or
- (2) As an affirmative claim for damages resulting from the enforcement of the law or ordinance.
(e) If in any proceeding the court finds in favor of the operator, owner, owner-occupant, or tenant, the court may enter a judgment against the county or municipality attempting to enforce the prohibited local law or ordinance and award the operator, owner, owner-occupant, or tenant:
- (1) Reasonable damages;
- (2) Reasonable attorney's fees;
- (3) Court costs;
- (4) Reinstatement of a rental license; and
- (5) Other relief as deemed appropriate by the court.
Added by Acts 2023, c. 768, § 1, eff. Oct. 1, 2023; Acts 2023, c. 769, § 1, eff. Oct. 1, 2023. Amended by Acts 2025, c. 476, § 1, eff. July 1, 2025; Acts 2025, c. 477, § 1, eff. July 1, 2025.