Section 14-126 - Requests to summon law enforcement or emergency services to a residential property as grounds for nuisance(a)(1) In this section the following words have the meanings indicated.(2) "Emergency services" includes fire, rescue, and ambulance services and a mobile crisis team as defined in § 10-1401 of the Health - General Article.(3) "Governing body" has the meaning stated in § 1-101 of the Local Government Article.(4) "Municipality" has the meaning stated in § 1-101 of the Local Government Article.(5) "Rental license" means any certificate, license, or permit required to rent residential real property issued by a county or a municipality.(6)(i) "Short-term rental unit" means a residential dwelling unit or a portion of the unit used to provide housing for less than 31 consecutive days.(ii) "Short-term rental unit" does not include a hotel or motel, boarding house, group residential facility for students, fraternity or sorority house, or similar housing.(b) This section does not apply to a local law or ordinance governing: (1) The installation and use of residential security alarm systems;(2) The physical condition, sanitation, maintenance, or repair of real property, including vacant buildings;(4) Calls to law enforcement concerning social gatherings or excessive noise that do not involve an offense set forth in the Criminal Law Article and are: (i) Made with the intent to harass another; or(ii) Knowingly false, as a whole or in material part; or(5) Short-term rental units.(c)(1) The governing body of a county or a municipality may not enact a local law or ordinance that: (i) Establishes a threshold of requests to summon law enforcement or emergency services to a residential property as grounds for designating a property as a nuisance; or(ii) Penalizes or authorizes a penalty against an operator, an owner, an owner-occupant, or a tenant for: 1. The act of summoning law enforcement or emergency services to a residential property; or2. The actions of another individual to summon the assistance of law enforcement or emergency services to a residential property.(2) There is a presumption that a local law or ordinance relating to summoning law enforcement or emergency services to a residential property is prohibited under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or requires:(i) The assessment of a monetary penalty or fine on an operator, an owner, an owner-occupant, or a tenant;(ii) The use of an action for repossession of a dwelling unit from a tenant or termination or nonrenewal of a tenant's lease; or(iii) The revocation, suspension, or nonrenewal of a rental license.(d) An operator, an owner, an owner-occupant, or a tenant may raise the issue that a local law or ordinance is prohibited under subsection (c) of this section: (1) As a defense to an action to enforce the local law or ordinance; or(2) As an affirmative claim for damages resulting from the enforcement of the law or ordinance.(e) If in any proceeding the court finds in favor of the operator, owner, owner-occupant, or tenant, the court may enter a judgment against the county or municipality attempting to enforce the prohibited local law or ordinance and award the operator, owner, owner-occupant, or tenant: (2) Reasonable attorney's fees;(4) Reinstatement of a rental license; and(5) Other relief as deemed appropriate by the court.Added by 2023 Md. Laws, Ch. 769, Sec. 1, eff. 10/1/2023.Added by 2023 Md. Laws, Ch. 768, Sec. 1, eff. 10/1/2023.