Posted on October 18, 2023 in Business Counseling, Litigation & Transactions

Employers must be aware of, and revise their employment-related documents to reflect, the recent changes to Maryland and federal law.  One of a Company’s most powerful way to deter future litigation is by ensuring that its agreements, handbooks, and policies are legally compliant.

Companies often face claims of discrimination, harassment, and retaliation by their employees.  As such, it is imperative that employers are cognizant of the Maryland legislature’s substantial expansion of anti-discrimination and harassment laws.  With the passage of SB 450, the Maryland legislature adopted a less stringent standard of determining harassment, allowing employees to establish that they have been the subject of harassment based on the "totality of the circumstances." Additionally, Maryland has imposed greater requirements for employers to reasonably accommodate not only employees’ disabilities but also an applicants’ disabilities.  Finally, the Office of the Attorney General can now independently initiate investigations of federal and state civil rights violations and file a lawsuit on behalf of the employees in Maryland, making it even more essential that employers properly handle complaints of discrimination. 

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 Posted on July 21, 2023 in Real Estate

Pet Protections During Evictions

Pursuant to House Bill 102, effective June 1, 2023, a landlord and law enforcement carrying out an eviction have the following obligations with regard to any action for possession of real property (nonpayment of rent, tenant holding over, breach of lease, or wrongful detainer):

(1) Upon eviction, the unit must be immediately inspected for any pet;
(2) If there is any such pet, give it to the tenant or other person in possession;
(3) If there is a pet but the tenant or person in possession is not present, the law enforcement official must contact an animal shelter or rescue organization to take custody of the pet and the landlord must cooperate.

A pet MAY NOT be removed from the unit following an eviction and left outdoors but must remain in the unit until the foregoing steps are completed.

Further, beginning November 1, 2023, at the execution of a lease, the landlord MUST include with the lease a link to a fact sheet to be published by the Department of Agriculture regarding how a person may care for and protect any pets in the event the person is evicted. Further, effective November 1, 2021, the Maryland Judiciary MUST include a link to the same fact sheet with any Warrant of Restitution issued by the Court.

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 Posted on July 20, 2023 in Criminal Defense

Section 16-303(d) of the Transportation Article of the Maryland Code criminalizes driving while your "license or privilege to drive is revoked in this State." A new reported opinion from the Appellate Court of Maryland clarifies that to obtain a conviction for driving on a revoked license, the State must prove that the driver knew or was willfully blind to the fact of his or her revocation.

The case, Christian Eric Adkins v. State of Maryland, involved a challenge to the trial court’s refusal to instruct the jury that the State needed to prove that the driver had knowledge of his revocation. Rather than give the instruction, the judge simply read the statute, which does not specifically mention the knowledge element. The Appellate Court of Maryland held that the requested instruction should have been given because the statute requires proof of knowledge to convict.

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 Posted on July 20, 2023 in Real Estate

What do I need to do to file a Failure to Pay Rent Case in Baltimore City? Baltimore City landlords must comply with registration, inspection, and licensing requirements before initiating Nonpayment of Rent actions in rent court.

Residential landlords that anticipate the need to file a Failure to Pay Rent Complaint in the coming weeks and/or months should be aware of recent changes to Baltimore City’s licensing scheme which requires housing providers to have a rental unit registered, inspected, and licensed before a landlord is able to utilize rent court to collect unpaid rent.

Residential Landlord Requirements in Baltimore City

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 Posted on July 15, 2023 in Family Law

The Child Support Administration is required by law to review the Child Support Guidelines every 4 years to ensure that application of the Child Support Guidelines results in appropriate child support awards. The Child Support Administration must report its findings and recommendations to the General Assembly. During the 2020 Legislative Session, the General Assembly passed changes to Maryland’s child support laws, some of which took effect on July 1, 2022. One year later, this post discusses the changes to Maryland’s child support laws and the impact of these developments.

Changes to the Child Support Guidelines

Effective July 1, 2022, the schedule of basic child support obligations increased for parents with a combined adjusted actual income greater than $19,200 per year. This change recognizes that the costs of raising children have increased.

Prior to July 1, 2022, the Child Support Guidelines provided a schedule of basic child support obligations for parents with a combined adjusted actual income between $100 and $15,000 per month. Under the old version of the statute, the court was authorized to use its discretion to set the amount of child support when the combined adjusted actual income of the parents exceeded $15,000 per month. For parents with a combined adjusted actual income between $100 and $1,200 per month, the old version of the statute provided a basic child support obligation of $20 to $150 per month, based on resources and living expenses of the obligor and the number of children due support.

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 Posted on July 12, 2023 in Divorce

If you are considering filing for divorce in Maryland, your filing must include the grounds, or basis, for the divorce. Beginning this fall, selecting the grounds when filing for divorce will become an easier determination. During the 2023 Legislative Session, the General Assembly passed bills eliminating limited divorce in Maryland and changing the grounds available for an absolute divorce. On May 16, 2023, Governor Moore signed Senate Bill 36,which was cross-filed with House Bill 14, into law. The new version of Md. Code, Family Law § 7-103 will become effective on October 1, 2023, and will apply to all divorce cases filed on or after that date.

Current Law through September 20, 2023

Maryland law currently provides for two different types of divorce: limited divorce and absolute divorce. An absolute divorce is a permanent end to the marriage. An absolute divorce severs all legal ties between the parties and allows the parties to resume use of a former name or remarry if they choose. In contrast, a limited divorce does not end the marriage. A limited divorce allows a person who does not satisfy the grounds for absolute divorce and cannot reach an agreement with their spouse to ask the court to order temporary relief regarding child custody, child support, alimony, and use of real or personal property. Because a limited divorce is not a permanent end to the marriage, the court may revoke a limited divorce at any time if both spouses jointly request that the limited divorce be revoked. The differences between these two types of divorce and the grounds for each are explained in more detail in Common Questions about Divorce in Maryland.

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 Posted on July 07, 2023 in Divorce

Use and possession applies to the family home and family use personal property.

What is considered the "family home"?

In Maryland, the "family home" is statutorily defined as real property in the State that was (1) used as the principal residence of the parties when they lived together, (2) is owned or leased by one or both of the parties at the time of the divorce proceeding, and (3) is being used or will be used as a principal residence by one or both of the parties and a child.

A "family home" does not include real property that was (1) acquired before marriage, (2) acquired by inheritance or gift from a third party, or (3) excluded by a valid agreement.

What is considered "family use personal property"?

The term "family use personal property" is also statutorily defined in Maryland and refers to anything tangible that is used primarily for family purposes.  It is limited to only property that was acquired during the marriage of the parties.  Examples of family use personal property include cars, furniture and furnishings, household appliances, and electronics.

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 Posted on July 03, 2023 in Divorce

In Maryland

Ideally, parties in a divorce proceeding work cooperatively to determine and divide their marital real property and reduce the terms to what will become a portion of a written marital settlement agreement. By proceeding in this fashion, the parties can agree on who has title to the real property owned, who will retain the title to real property, and then work to effectuate the transfer or retention of the same.  Even if one party has already formally instituted divorce proceedings in a Maryland court, it is important to remember that the possibility of reaching an agreement is always available and can often be the best vehicle for a quicker and more affordable way to a final divorce.

If an amicable resolution is not a possibility, then the parties will leave the fate of their real property to a Maryland court.  If a piece of real property is both marital and titled jointly a court can order use and possession (depending on custody of minor children), order the property to be sold or pursuant to the Maryland Annotated Code, Family Law § 8-205:

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 Posted on June 27, 2023 in Divorce

Who are the parties in a Peace Order proceeding?

In a Peace Order proceeding, the person who filed a Petition for Peace Order is called the “Petitioner,” and the person against whom the Petition was filed is called the “Respondent.”

What acts can be grounds for a Peace Order in Maryland?

A person can file a Petition for a Peace Order based on any of the following acts:

• An act that causes serious bodily harm;
• An act that places the Petitioner or Petitioner’s employee in fear of imminent serious bodily harm;
• Assault in any degree;
• False imprisonment;
• Harassment;
• Stalking;
• Trespass;
• Malicious destruction of property;
• Misuse of telephone facilities and equipment;
• Misuse of electronic communication or interactive computer service;
• Revenge porn; or
• Visual surveillance.

 Are Peace Order records open to the public?

In Maryland, most court records are open to the public. Records of Peace Order proceedings are included among the types of records that are open to the public.

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 Posted on June 22, 2023 in Divorce

Who are the parties in a Protective Order proceeding?

In a Protective Order proceeding, the person who filed a Petition for Protective Order is called the “Petitioner,” and the person against whom the Petition was filed is called the “Respondent.”

What are the acts of abuse that can be grounds for a Protective Order in Maryland?

As defined in the Protective Order statute, “abuse” means any of the following acts:

• An act that causes serious bodily harm;
• An act that places a person eligible for relief in fear of imminent serious bodily harm;
• Assault in any degree;
• Rape or sexual offense;
• Attempted rape or sexual offense;
• False imprisonment;
• Stalking; or
• Revenge porn.

Are Protective Order records open to the public?

In Maryland, most court records are open to the public. Records of Protective Order proceedings are included among the types of records that are open to the public.

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