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Maryland Renters Still Have Protections Against Eviction While Appeal of Federal District Court Ruling on CDC Order Is Pending

  • RUM 

For Immediate Release:                              

Contact: Matt Losak, 301-588-3987; Zafar Shah, (410) 625-9409 x 237                         

Maryland–Today’s announcement that a federal district court vacated the Centers for Disease Control (CDC) Order temporarily halting evictions is deeply troubling for the nation, especially in states that have yet to issue their own emergency eviction protections. However, renters in Maryland should not panic.

The Department of Justice has announced that it intends appeal the decision. In the meantime, Maryland Governor Larry Hogan’s executive order on evictions still remains in effect and, like the CDC Order, continues to provide an affirmative defense for renters in failure to pay rent cases. This requires that renters go to court with the evidence that they have not been able to pay their rent due to income loss related to the pandemic.

Renters United Maryland urges Governor Hogan to strengthen and maintain Maryland’s eviction protection throughout the pandemic and several months beyond.

It should be noted that neither the CDC or Governor’s orders protect tenants from lease non-renewal and eviction for Tenant Holding Over (THO)—whereby a landlord need only provide 60 days’ notice to the tenant to vacate, without any justification for doing so. Further, tenants can still be evicted for breach of lease and unlawful detainer.

Maryland Judiciary’s court statistics showed an 86% increase in THO filing by landlords between August 2020 and January 2021.

In light of the Maryland General Assembly’s failure to enact emergency renter protections during the 2021 session, it is even more important that the Governor’s eviction order remain in place and be strengthened to eliminate THO eviction filings.

We must remember that evictions are not only devastating to the individuals and families forced from their homes, but have costs to the community including increases in social services, healthcare, crime and most critically, the spread of COVID-19.

Renters United Maryland (RUM) was co-founded in 2017 by the Public Justice Center, the Montgomery County Renters Alliance, Jews United for Justice and Communities United. The RUM coalition includes more than 30 nonprofit, legal, labor, civic and religion-based organizations dedicated to advancing renters’ rights and protections in the state legislature, and defending against legislation hostile to rental housing stability, quality and affordability.

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