SENATE BILL 508, AS DRAFTED, WOULD IMPOSE A 6% SALES TAX ON "REAL PROPERTY MANAGEMENT SERVICES"!

The Senate Budget and Tax Committee is considering passage of the very large Senate Bill 508, which was amended to add a 6% sales tax to "real property management services." This is the large budget bill and may be approved by both the Senate committee and the full Senate. If so, it will then be assigned to a Conference Committee.

It is important that you communicate your displeasure with this provision to all members of of the Senate Budget and Tax Committee as soon as possible. You can find contact information for members of this committee by clicking here.

You can also view the bill by clicking here.

LEGISLATIVE ALERT!!!!!
HOUSE BILL 1245 PASSED - PLEASE CONTACT THE GOVERNOR!

Yesterday, the Senate passed HB 1245 (entitled "Real Property - Compliance with Lead Poisoning Prevention Requirements") by a vote of 45 - 0 and sent the bill to the Governor for his signature. As you know, many of us worked very hard with our lobbyist Bob Enten to write this legislation and gain passage. More information will be sent out later, but in a nutshell, here are the main provisions of HB 1245:

1. Enforcement provision - Effective October 1, 2004, rent court petitions for summary ejectment for failure to pay rent must contain answers to certain questions about the property (such as, "Is this an affected property under the Lead Poisoning Prevention Program?") and, where appropriate, state under oath the owner's MDE registration number and the most recent MDE inspection certificate number.

2. Enforcement provision - Effective October 1, 2004, in jurisdictions that have either licensing laws or annual registration of landlords, the local forms must also ask similar questions about the property and, where appropriate, state under oath the owner's MDE registration number and the most recent MDE inspection certificate number.

3. Challenges to landlord's limited immunity - Effective June 1, 2004, when a lawsuit against a landlord challenges the owner's limited immunity under the Lead Poisoning Prevention Program, this bill sets forth guidelines for the trial judge to conduct a separate and preliminary evidentiary hearing, after discovery, on the sole issue of the landlord's limited immunity under the statute. Either party can request a jury to decide contested issues of fact relating to that limited immunity, but the final ruling on the landlord's limited immunity is made by the court. Only if the court rules that the landlord has no limited immunity in that case would the case proceed to trial on the liability and damages issues raised in the complaint.

Thanks again to everyone who helped with the passage of this important bill. This bill represents a balanced compromise that (1) increases enforcement of the law and (2) helps ensure that property owners who have complied get the protection of the law's limited immunity.

PLEASE HELP US CONVINCE THE GOVERNOR TO SIGN THE BILL:

Please contact Governor Robert L. Ehrlich, Jr., and ask him to sign HB 1245. It is critical for the future success of the lead program and for the continued health of affordable housing in Maryland.

The Governor is located at the State House, 100 State Circle, Annapolis, MD 21401, tel. 410-974-3901. You can email him at this web address: http://www.gov.state.md.us/mail/

City of Baltimore Provides Online Resource for Property Owners
Property owners annoyed with their neighbor's barking dogs, buildings turned into eyesores because of graffiti or axle-busting potholes in Baltimore have yet another way to get City Hall's attention. Find out about this tool!

Communicating effectively with your legislators
Whether you write, visit, phone, fax, or email an elected official, we have a few suggestions that will help make your communication as effective as possible.

POA Legislative Counsel