ALERT - SUMMARY EJECTMENT FORM, DC/CV 82, REVISED
DUE TO RECENT DECISION IN COURT OF APPEALS
Effective Immediately


Directive #11-08 DC

Issued by: Bobbie Warnken, Assistant Chief Clerk, Administrative Services

Date: May 9, 2011

Inquiries: Joan E. Baer, Administrator, 410-260-1638

In McDaniel v. Baranowski, decided on May 4, 2011, the Court of Appeals of Maryland held that a landlord who had failed to obtain a rental license pursuant to provisions of the Anne Arundel County Code was not permitted to initiate summary ejectment proceedings for residential tenant’s failure to pay rent under Md. Code, Real Property Article, § 8-401.

The Court framed one issue on appeal as:

“In this case, we are asked to consider whether the owner of a “multiple dwelling” in Brooklyn Park, who has failed to obtain a license for the premises, as mandated by Section 11-10-102 of the Anne Arundel County Code, may nevertheless initiate summary ejectment proceedings for a tenant’s failure to pay rent, pursuant to Section 8-401 of the Real Property Article, Maryland Code (1974, 2003 Repl. Vol., 2009 Supp.).

As a result, in order to invoke the facile process of summary ejectment, a landlord in those jurisdictions requiring licensure, must affirmatively plead and demonstrate that he is licensed at the time of the filing of the complaint for summary ejectment in order to initiate the summary ejectment process.”

Chief Judge Clyburn agreed to handle the cases in the following manner:

Cases filed before the McDaniel ruling will be not be required to affirmatively plead or demonstrate a valid license, unless the issue is raised. All landlords should be prepared, starting on Monday to demonstrate possession of a current license if the issue is raised.

Any cases filed after the form has been made available will be subject to dismissal. Landlords may want to obtain a stamp for use on the existing forms (Rev. 12.2010) to incorporate the “new language" in #2 on the DC/CV 82 (Rev. 5/2011) as shown below:

2. Is the Landlord required by law to be licensed in order to operate this premises as a rental property? __Yes __No. If so, is the Landlord currently licensed? __Yes __No. License number if applicable: ________________________.

The revised summary ejectment form DC/CV 82 is online available today through the link in this directive and in our online Forms Index.  A supply of the printed forms will be ordered from a vendor, however it will take approximately 6 - 8 weeks before the new version is available at our warehouse. Please wait until late June or early July before ordering the new version.

All filers MUST begin using the new 5/2011 version by July 11, 2011.