Real Property - Wrongful Detainer - Time of Hearing and Service of Process
Summary
HB164 addresses two related areas of Maryland law involving possession of residential real property. First, it creates a new criminal offense for a person to knowingly and fraudulently possess or claim a right to possess residential property that the person does not lawfully own or possess. The bill makes this conduct a misdemeanor and sets escalating penalties for repeat violations within a two-year period. It also gives a property owner a new enforcement option: the owner may submit a sworn affidavit to the county sheriff alleging fraudulent possession, and the sheriff must remove the person and restore possession unless the person produces evidence of lawful possession or a court order already governs the occupancy.
Second, the bill amends Maryland’s wrongful detainer procedures in the Real Property Article. It requires a hearing on a wrongful detainer complaint to be held no later than 14 calendar days after the complaint is filed, and it changes service-of-process rules by requiring a documented set of good-faith service efforts, certified and first-class mail, and posting on the property within four business days after filing. The bill also clarifies that these changes do not eliminate the owner’s ability to bring a wrongful detainer action under existing law. The act takes effect October 1, 2025.
Impact
HB164 adds a new criminal provision to the Criminal Law Article, Section 8-906, targeting fraudulent possession of residential real property, and it amends Real Property Article Section 14-132 to speed up and standardize wrongful detainer proceedings. The bill affects property owners, occupants, sheriffs, and District Court procedures by creating a summary removal process in certain cases and shortening the timeline for hearings and service of process in wrongful detainer cases. It preserves existing remedies under Title 8 of the Real Property Article and does not replace other lawful eviction or possession actions.
Sentiment
The bill appears to have broad support in the House, passing third reading unanimously by a vote of 136-0. The lack of recorded opposition in the available voting history suggests general agreement with the bill’s goal of addressing fraudulent occupancy and improving the speed of possession proceedings for property owners. No committee transcript was provided, so there is no recorded floor or committee debate to indicate divided views in the available materials.
Contention
The main policy tension in HB164 is between protecting property owners from fraudulent or unauthorized occupants and preserving due process for people in possession of residential property. The bill’s affidavit-based sheriff removal process could raise concerns about mistaken removals or insufficient judicial review, while supporters are likely focused on preventing property fraud and streamlining recovery of possession. The amended service rules and shortened hearing deadline may also be viewed as balancing faster resolution for owners against the rights of occupants to receive notice and prepare a defense.