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Governor Hogan Amends April 3 Eviction Executive Order

Posted By: Erin Bradley Headlines ,

On Friday Oct. 16, Governor Hogan issued an Executive Order temporarily prohibiting evictions of tenants suffering a substantial loss of income due to COVID-19, prohibiting repossessions of chattel  housing, restricting the initiation of residential foreclosures and prohibiting commercial evictions. This Executive order supersedes the previous eviction related Executive Order dated April 3, 2020.

Prohibition on Residential and Commercial Evictions

Until the state of emergency is terminated and the catastrophic health emergency is rescinded, no court shall give a Failure to Pay Rent (Real Property  § 8-401)  judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income.

Until the state of emergency is terminated and the catastrophic health emergency is rescinded, no court shall give a  Breach of Lease (Real Property § 8-402.1) judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income.  

The fact that the tenant, or any person permissibly cohabiting with the tenant in accordance with the terms of the lease, has a confirmed diagnosis of COVID-19 or is under investigation for COVID-19, shall not constitute a “clear and imminent danger” under Real Property § 8-402.1(a)(1)(i)2.B[1].

Breach of Lease and Failure to Pay Rent actions may proceed in the state except as specifically suspended above. The most recent Executive Order makes it clear that the Order does not exempt any person from fulfilling their financial obligations pursuant to any loan agreement or lease.

AOBA is working with the Maryland Multifamily Housing Association to clarify that this Order does not preclude housing providers from filing Breach of Lease actions against residents for criminal behavior and other circumstances, even if they are suffering a COVID related loss of income.

 

 

[1] Per Maryland Real Property Article “The breach of the lease involves behavior by a tenant or a person who is on the property with the tenant's consent, which demonstrates a clear and imminent danger of the tenant or person doing serious harm to themselves, other tenants, the landlord, the landlord's property or representatives, or any other person on the property and the landlord has given the tenant or person in possession 14 days' written notice that the tenant or person in possession is in violation of the lease and the landlord desires to repossess the leased premises;”