§ 8-211.1. Failure of lessor to remove lead-based paint; rent escrow

   (a) Right of lessee. -- Notwithstanding any provision of law or any agreement, whether written or oral, if a landlord fails to comply with the applicable risk reduction standard under § 6-815 or § 6-819 of the Environment Article, the tenant may deposit the tenant's rent in an escrow account with the clerk of the District Court for the district in which the premises are located.

(b) Other rights or remedies. -- The right of a tenant to deposit rent in an escrow account does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.

(c) Release of escrow account. -- Money deposited in an escrow account shall be released under the following terms and conditions:

   (1) To the lessor upon compliance by the lessor with the applicable risk reduction standard; or

   (2) To the lessee or any other person who has complied with the applicable risk reduction standard on presentation of a bill for the reasonable costs of complying with the applicable risk reduction standard.

(d)  No eviction. -- A lessee may not be evicted, the tenancy may not be terminated, and the rent may not be raised for a lessee who elects to seek the remedies under this section. It shall be presumed that any attempt to evict the lessee, to terminate the tenancy, or to raise the rent, except for nonpayment of rent, within two months after compliance with the applicable risk reduction standard is in retaliation for the lessee's proceeding under this section and shall be void.

(e) Preemption. -- This section shall preempt any public local law or ordinance concerning the deposit of rent into an escrow account based upon the existence of paint containing lead pigment on surfaces in or on a rental dwelling unit in the State and disposition of that rent.

HISTORY: 1973, ch. 615; 1977, ch. 34, § 2; 1978, ch. 27; 1997, ch. 714; 1999, ch. 219; 2000, ch. 61, § 1.