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WES MOORE, Governor Ch. 261
Chapter 261
(Senate Bill 130)
AN ACT concerning
Environment – Water – Individual Unit Meters Submeters
FOR the purpose of authorizing the installation of individual unit water meters submeters
for certain apartment houses and dwelling units mobile home parks; prohibiting the
owner, operator, or manager of an apartment house or a mobile home park, or a
contractor hired by the owner, operator, or manager, from imposing certain costs on
a unit; requiring each individual unit meter to include a leak detection monitor;
authorizing the occupant of a dwelling unit to periodically inspect the leak detection
monitor installed for their unit authorizing the owner, operator, or manager of an
apartment house or a mobile home park to bill an occupant a certain amount under
certain circumstances; prohibiting the owner, operator, or manager of an apartment
house or a mobile home park from billing an occupant under certain circumstances;
requiring the owner, operator, or manager of an apartment house or a mobile home
park, or a contractor hired by the owner, operator, or manager to maintain certain
records; prohibiting unpaid water bills from being treated as unpaid rent in an
eviction process; establishing a certain complaint process; requiring certain
landlords to use a certain written lease, provide a copy of a water or sewer bill to a
tenant within a certain time frame, and notify prospective tenants of certain
information within a certain time frame; prohibiting certain landlords from
requiring a tenant to make certain payments to a third party; and generally relating
to individual unit water meters submeters.
BY adding to
Article – Environment
Section 9–1115
Annotated Code of Maryland
(2014 Replacement Volume and 2025 Supplement)
BY adding to
Article – Real Property
Section 8–205.3
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–1115.
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Ch. 261 2026 LAWS OF MARYLAND
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ADEQUATE RECORDS” INCLUDES:
(I) A COPY OF ALL CHARGES THAT THE WATER SERVICE
PROVIDER IMPOSED ON THE OWNER, OPERATOR, OR MANAGER OF AN APARTMENT
HOUSE OR A MOBILE HOME PARK IN THE PRECEDING 2 YEARS;
(II) THE TOTAL UTILITY COST IMPOSED ON ALL UNITS IN THE
FACILITY EACH MONTH FOR THE CURRENT CALENDAR YEAR AND PREVIOUS
CALENDAR YEAR;
(III) THE TOTAL REVENUE COLLECTED FROM OCCUPANTS TO
PAY THE CHARGES IMPOSED ON THE OWNER, OPERATOR, OR MANAGER BY THE
WATER SERVICE PROVIDER EACH MONTH FOR THE CURRENT CALENDAR YEAR AND
PREVIOUS CALENDAR YEAR;
(IV) AN EXPLANATION OF THE FORMULA USED TO ALLOCATE
THE COST OF EACH UNIT’S WATER CONSUMPTION; AND
(V) ANY OTHER INFORMATION NECESSARY FOR A TENANT TO
VERIFY A WATER UTILITY BILL.
(3) (I) “APARTMENT HOUSE” MEANS ONE OR MORE BUILDINGS
THAT EACH CONTAIN MORE THAN TWO DWELLING UNITS AND IN WHICH ALL THE
DWELLING UNITS ARE OCCUPIED PRIMARILY FOR NONTRANSIENT USE WITH RENT
PAID AT INTERVALS OF 1 WEEK OR LONGER.
(II) “APARTMENT HOUSE” INCLUDES A RESIDENTIAL
CONDOMINIUM OR COOPERATIVE, WHETHER THE UNITS ARE RENTED OR OWNER
OCCUPIED.
(4) “DWELLING UNIT” MEANS PREMISES THAT CONSIST OF ONE OR
MORE ROOMS SUITABLE FOR OCCUPANCY AS A RESIDENCE AND THAT CONTAIN
KITCHEN AND BATHROOM FACILITIES.
(5) “INDIVIDUAL UNIT METER SUBMETER” MEANS EQUIPMENT USED
TO DETERMINE THE ACTUAL USE OF WATER FOR EACH RESIDENTIAL UNIT IN AN
APARTMENT HOUSE OR A MOBILE HOME PARK.
(6) “WATER SERVICE PROVIDER” MEANS, AS APPLICABLE:
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WES MOORE, Governor Ch. 261
(I) A POLITICAL SUBDIVISION THAT PROVIDES WATER AND
SEWERAGE SERVICES UNDER SUBTITLE 7 OF THIS TITLE;
(II) A WATER COMPANY, AS DEFINED IN § 1–101 OF THE PUBLIC
UTILITIES ARTICLE; OR
(III) THE WASHINGTON SUBURBAN SANITARY COMMISSION; OR
(IV) A MOBILE HOME PARK.
(B) SUBJECT TO THE PROVISIONS OF THIS SECTION, AND WITH THE
APPROVAL OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AND THE BOARD OF PUBLIC WORKS OR EQUIVALENT LOCAL AUTHORITY, A LOCAL
HOUSING AUTHORITY ESTABLISHED UNDER DIVISION II OF THE HOUSING AND
COMMUNITY DEVELOPMENT ARTICLE MAY INSTALL INDIVIDUAL UNIT METERS
SUBMETERS FOR ANY COMBINATION OF APARTMENT HOUSES OR DWELLING UNITS.
(C) AN OWNER, AN OPERATOR, OR A MANAGER OF AN APARTMENT HOUSE
OR A MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR
MANAGER, MAY INSTALL AN INDIVIDUAL UNIT METER SUBMETER FOR EACH
DWELLING UNIT THAT IS NOT INDIVIDUALLY DIRECTLY METERED FOR WATER TO
ALLOCATE FAIRLY THE COST OF EACH UNIT’S WATER CONSUMPTION.
(D) (1) AN OWNER, AN OPERATOR, OR A MANAGER OF AN APARTMENT
HOUSE OR A MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER,
OPERATOR, OR MANAGER, WHO INSTALLS INDIVIDUAL UNIT METERS SUBMETERS
UNDER THIS SECTION TO PROVIDE BULK METERED SERVICE MAY NOT IMPOSE ON A
UNIT IN THE FACILITY ANY WATER OR SEWERAGE COST EXCEPT THE CHARGES THAT
THE WATER SERVICE PROVIDER ACTUALLY IMPOSES ON THE OWNER, OPERATOR, OR
MANAGER.
(2) THE CHARGES IMPOSED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE ALLOCATED AMONG THE UNITS IN PROPORTION TO THE
ACTUAL USAGE BY THE UNIT.
(3) THE OWNER, OPERATOR, OR MANAGER OF AN APARTMENT HOUSE
OR A MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR
MANAGER, MAY NOT IMPOSE ON A UNIT IN THE FACILITY ANY COSTS ASSOCIATED
WITH:
(I) POOR MAINTENANCE OR LEAKS THAT THE OWNER,
OPERATOR, MANAGER, OR CONTRACTOR IS RESPONSIBLE FOR; OR
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Ch. 261 2026 LAWS OF MARYLAND
(II) COMMON AREA USAGE; OR
(III) USAGE IN ANY PART OF A BUILDING THAT IS NOT USED AS A
RESIDENTIAL UNIT.
(4) THE OWNER, OPERATOR, OR MANAGER OF AN APARTMENT HOUSE
OR A MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR
MANAGER, MAY COLLECT AN ADDITIONAL SERVICE CHARGE NOT EXCEEDING $1 PER
UNIT PER MONTH TO COVER ADMINISTRATIVE COSTS AND BILLING.
(E) (1) EACH INDIVIDUAL UNIT METER SUBMETER UNDER THIS SECTION
IS SUBJECT TO THE REGULATIONS AND STANDARDS THAT THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT, ADOPTS FOR THE ACCURACY, TESTING, AND RECORD KEEPING OF
INDIVIDUAL UNIT METERS SUBMETERS.
(2) REGULATIONS ADOPTED UNDER THIS SUBSECTION SHALL BE AT
LEAST AS STRINGENT AS THE REGULATIONS APPLICABLE TO THE WATER METERS
THAT WATER SERVICE PROVIDERS INSTALL.
(F) (1) (I) EACH INDIVIDUAL UNIT METER UNDER THIS SECTION
SHALL INCLUDE A LEAK DETECTION MONITOR.
(2) THE OWNER, OPERATOR, OR MANAGER OF THE APARTMENT
HOUSE, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR MANAGER, SHALL
ALLOW THE OCCUPANT OF THE UNIT TO PERIODICALLY INSPECT THE LEAK
DETECTION MONITOR IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(II) “ACTUAL USAGE” MEANS USAGE THAT WAS MEASURED
WHEN A METER WAS CONSIDERED ACCURATE.
(III) “ESTIMATED USAGE” MEANS THE AVERAGE USAGE BY
DWELLING UNITS IN THE SAME APARTMENT HOUSE THAT:
1. ARE OF COMPARABLE SIZE; AND
2. HAVE A COMPARABLE NUMBER OF OCCUPANTS.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IF AN
INDIVIDUAL SUBMETER DOES NOT PROVIDE ADEQUATE OR ACCURATE DATA FOR
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WES MOORE, Governor Ch. 261
BILLING PURPOSES, THE OWNER, OPERATOR, OR MANAGER OF AN APARTMENT
HOUSE MAY BILL THE OCCUPANT OF THE UNIT:
(I) THE AVERAGE COST OF THE MOST RECENT 3 MONTHS OF
ACTUAL USAGE BY THE OCCUPANT OF THE UNIT; OR
(II) IF RECORDS OF THE MOST RECENT 3 MONTHS OF ACTUAL
USAGE BY THE OCCUPANT OF THE UNIT ARE NOT AVAILABLE, THE AVERAGE COST
OF THE MOST RECENT 3 MONTHS OF ESTIMATED USAGE.
(3) IF AN INDIVIDUAL SUBMETER HAS NOT BEEN REPAIRED OR
REPLACED FOR TWO CONSECUTIVE BILLING CYCLES, THE OWNER, OPERATOR, OR
MANAGER OF AN APARTMENT HOUSE MAY NOT BILL THE OCCUPANT OF THAT UNIT
UNTIL THE INDIVIDUAL SUBMETER IS REPAIRED OR REPLACED.
(G) THE OWNER, OPERATOR, OR MANAGER OF THE APARTMENT HOUSE OR
MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR
MANAGER, SHALL:
(1) MAINTAIN ADEQUATE RECORDS REGARDING INDIVIDUAL UNIT
METERS SUBMETERS; AND
(2) OBTAIN ANY ADDITIONAL RECORDS NEEDED BY AN OCCUPANT OF
A UNIT TO VERIFY A WATER BILL; AND
(3) ALLOW THE OCCUPANT OF THE UNIT TO INSPECT THE RECORDS
DURING REASONABLE BUSINESS HOURS.
(H) UNPAID WATER BILLS UNDER THIS SECTION MAY NOT BE TREATED AS
UNPAID RENT IN AN EVICTION PROCEEDING.
(I) (H) (1) A COMPLAINT BY AN OCCUPANT OF A DWELLING UNIT
AGAINST AN OWNER, OPERATOR, OR MANAGER OF AN APARTMENT HOUSE OR A
MOBILE HOME PARK, OR A CONTRACTOR HIRED BY THE OWNER, OPERATOR, OR
MANAGER, UNDER THIS SECTION MAY BE FILED IN THE COUNTY OR MUNICIPALITY
WHERE THE APARTMENT HOUSE OR MOBILE HOME PARK IS LOCATED.
(2) A COMPLAINT FILED UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY BE HANDLED BY:
(I) THE LANDLORD–TENANT COMMISSION, IF ONE EXISTS, OF
THE COUNTY OR MUNICIPALITY;
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Ch. 261 2026 LAWS OF MARYLAND
(II) THE CONSUMER PROTECTION AGENCY, IF ONE EXISTS, OF
THE COUNTY OR MUNICIPAL CORPORATION IF THERE IS NOT A LANDLORD–TENANT
COMMISSION IN THE COUNTY OR MUNICIPALITY OR IF THE COMMISSION DOES NOT
HAVE JURISDICTION; OR
(III) THE CONSUMER PROTECTION DIVISION OF THE OFFICE OF
THE ATTORNEY GENERAL, IF THERE IS NOT A CONSUMER PROTECTION AGENCY IN
THE COUNTY OR MUNICIPALITY OR THE AGENCY DOES NOT HAVE JURISDICTION.; OR
(IV) A PRIVATE CAUSE OF ACTION.
(3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS
PREVENTING ANY STATE AGENCY FROM EXERCISING ITS AUTHORITY REGARDING
THE COLLECTION OF OBLIGATIONS ARISING FROM CONSUMER TRANSACTIONS.
Article – Real Property
8–205.3.
(A) IN THIS SECTION, “INDIVIDUAL SUBMETER” HAS THE MEANING STATED
IN § 9–1115 OF THE ENVIRONMENT ARTICLE.
(B) A LANDLORD THAT REQUIRES A TENANT TO MAKE PAYMENTS FOR
WATER OR SEWER SERVICES MEASURED BY AN INDIVIDUAL SUBMETER TO A THIRD
PARTY SHALL:
(1) USE A WRITTEN LEASE THAT PROVIDES NOTICE THAT THE
TENANT IS RESPONSIBLE FOR MAKING PAYMENTS FOR THE WATER OR SEWER
SERVICES TO THE THIRD PARTY;
(2) PROVIDE A COPY OF THE WATER OR SEWER BILL TO THE TENANT
NOT LATER THAN 20 DAYS BEFORE PAYMENT OF THE BILL IS DUE; AND
(3) BEFORE THE BEGINNING OF THE INITIAL LEASE, NOTIFY THE
PROSPECTIVE TENANT IN WRITING OF:
(I) THE TOTAL WATER AND SEWER COSTS BILLED TO THE
OCCUPANTS OF THE UNIT IN THE IMMEDIATELY PRECEDING 2 YEARS; OR
(II) IF WATER AND SEWER COSTS WERE NOT BILLED TO AN
OCCUPANT OF THE UNIT FOR THE IMMEDIATELY PRECEDING 2 YEARS, THE TOTAL
WATER AND SEWER COSTS BILLED TO A COMPARABLY SIZED UNIT WITHIN THAT TIME
PERIOD.
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WES MOORE, Governor Ch. 261
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LANDLORD THAT
DOES NOT MEET THE REQUIREMENTS OF § 9–1115 OF THE ENVIRONMENT ARTICLE
MAY NOT REQUIRE A TENANT TO MAKE PAYMENTS TO A THIRD PARTY FOR WATER
OR SEWER SERVICES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 28, 2026.
–7–Every fact on this page links to its source, starting with the official bill record.