When a landlord in Maryland decides not to renew someone’s lease, they don’t have to give a reason. Tenant advocates refer to these as “no-cause evictions,” and are pushing state lawmakers to restrict their use during the current legislative session.
There are stark racial disparities in who is affected by the evictions, according to data from the NAACP Legal Defense Fund presented to the Senate Judicial Proceedings Committee Tuesday. The data show that zip codes with a higher proportion of Black renters have a higher rate of no-cause evictions, which are also referred to as “tenant holdover” evictions.
“A 10-point increase in the percentage of Black renters in the zip code is associated with a 29% increase in the rate of no-cause eviction warrants and a 22% increase in the rate of holdover eviction,” David Wheaton, an attorney with the NAACP LDF, told the committee. “So this means that landlords are bringing more Black people to court on these no-cause eviction warrants, and they're being evicted at a higher rate.”
Jose Coronado Flores, policy analyst with the immigrant-rights group CASA, said landlords use no-cause evictions to punish tenants who advocate for better living conditions. For example, CASA Legal represented residents of an apartment complex in Rockville as they took their landlord to court over bad living conditions, including mold in the HVAC system.
“CASA Legal represented 29 tenants in rent escrow court,” Coronado Flores said. “Every single suing tenant received either a lease non-renewal or an eviction from the property, and though CASA Legal is, of course, fighting the ones that we can, there's likely that tenants will be displaced just because of their advocacy.”
Del. Jheanelle Wilkins and Sen. Anthony Muse say they are sponsoring legislation requiring “good cause” or “just cause” evictions. The legislation is expected to be formally introduced later this week.
The bill will exempt landlords with five or fewer rental units, according to information provided by Renters United Maryland, a coalition of advocacy groups. It allows larger landlords to remove tenants for several reasons, including if the tenant violates the lease, fails to pay rent or damages the property, as well as if the landlord wants to use the property for a personal or familial use, or wants to remove the property from the rental market for at least a year.
However, representatives of the multi-family housing industry say good-cause eviction legislation will harm lawmakers’ goals of building more affordable housing.
It will prevent developers from getting investors for their properties, said Chris Bruch, president and CEO of the Donohoe Companies, a real estate firm based in Bethesda.
“The ability not to renew a lease is necessary to protect residents, staff, the property and neighboring properties,” said Arianna Royster, senior adviser of Borger Residential, a subsidiary of the Donohoe Companies.
Royster told lawmakers to imagine a new resident excited about their apartment. Then their upstairs neighbor overflows the bathtub three times in as many months.
“Well, management's enforcement of the lease is to go the legal route, which can take more than a year,” Royster said. “In the meantime, you're being subjected to a neighbor who cannot be controlled by management.”
Royster gave lawmakers other examples of situations in which management is hindered by good-cause eviction protections, including one resident assaulting an employee but being released from jail after a few hours.
“Just cause states, well, we have to give a cure period, meaning, as long as he doesn't assault another person, he can continue to live there,” Royster said. “Imagine the PTSD from our employee and residents who are in fear that they may be the next victim of this person's assault.”
Wilkins, the House sponsor of the bill, said this is the eighth year state lawmakers will consider good-cause eviction legislation. Last year, the measure passed the House but died in the Senate.
