Glazer v. Fitzgerald

Gilbert, J., delivered the opinion of the Court. In this appeal, this Court is asked to determine the application vel non of Md. Ann. Code Art. 53, § 45 (limitation on rental fee increases) to lots of land rented for mobile home and trailer use. The matter arose by way of a suit for a declaratory judgment and injunctive relief brought by the appellee, Donald Fitzgerald, in his own behalf and “all other tenants of The Baysinger Trailer Park similarly situated,” against Malcolm I. Glazer, appellant, following Fitzgerald’s receipt of a notice, in March of 1973, * 1 of an increase in rental in excess of the 5% limitation imposed by the legislature in Md. Ann. Code Art. 53, § 45. Judge Richard M. Pollitt, in the Circuit Court for Wicomico County, declared the limitation on rental increases to be applicable to the rental of mobile home lots and held that the ⁴⁴⁹ appellant, Glazer, was not entitled to increase rental charges beyond the level authorized by the statute.

Obviously, in order to answer the question posed to us we must determine the legislative intent in enacting the rental increase limitation law. Bearing in mind the caveats that, “Laws are formed by the manners and exigencies of particular times. . . .” 2 and “[t]he Legislature has the power to decide what the policy of the law shall be, and if it has intimated its will, however indirectly, that will should be recognized and obeyed,” Johnson v. United States, 163 F. 30, 32 (1st Cir. 1908); Demory Brothers, Inc. v. Board of Public Works, 20 Md. App. 467 , 316 A. 2d 529 (1974); Board of Co. Comm’rs v. Fleming, 13 Md. App. 261 , 282 A. 2d 512 (1971), we now examine Laws of 1973, ch. 794, which provides: “An act to add new Section 45 to Article 53 of the Annotated Code of Maryland (1972 Replacement Volume), title “Landlord and Tenant”, to follow immediately after Section 44 thereof, and to be under the new subtitle “Limitations on Rental Fee Increases”, to impose certain limitations on the power of landlords to increase their rental fees; to provide certain exceptions to the limitations; to provide when this Act shall be superseded; to authorize local governments to enact measures concerning rental fees which supersede this act; to provide a severability clause; to provide this Act shall take effect on June 1,1973, and to provide that these limitations shall terminate on July 1, 1974. Whereas, The State of Maryland is confronted with an environmental crisis of emergency proportions; and Whereas, The State of Maryland is confronted with an economic crisis; and Whereas, Both of these crises have combined to create an emergency shortage in the availability of housing; and ⁴⁵⁰ Whereas, The Maryland General Assembly, in the exercise of its police power, believes it must take immediate action of a temporary nature for the duration of this crisis because of the termination of Federal Rent Stabilization on January 11, 1973; now, therefore, Section 1. Be it enacted by the General Assembly of Maryland, That new Section 45 be and it is hereby added to Article 53 of the Annotated Code of Maryland (1972 Replacement Volume), title “Landlord and Tenant”, to follow immediately after Section 44 thereof, to be under the new subtitle “Limitations on Rental Fee Increases”, and to read as follows: 45.

Limitations on Rental Fee Increases. (A) No landlord renting four or more units may increase any rental fee for any residential premises or for the part of any premises which is used as a residence beyond an amount which is five percent (5%) of the rental fee which was in effect on January 11, 1973 except as provided in subsection (B). All rent increases subsequent to January 11, 1973, which exceed five percent (5%) of the rental fee which was in effect on that date shall be null and void. (B) However, the landlord may also add to the rental fee permitted in subsection (A) the proportionate share of the amount of any increases in costs to the landlord for the premises since January 11, 1973, resulting from increases in real estate taxes, water and sewer charges, utility rates, and any actual cost of capital improvements constructed since that date.

The calculation of the proportionate increase in rental fee shall be in accordance with the rules established under 6 Code of Federal Regulations 301.101 (A) (3) and (B) insofar as applicable. Written documentation of the basis upon which the proportionate increase in the rental fee is calculated shall be made available to ⁴⁵¹ the tenant at the time the tenant is notified of the rent increase. (C) The rental fee for a residence vacant on the effective date of this section or becoming vacant thereafter may be increased by the landlord to an amount equal to the highest rent charged for a comparable residential unit in the same rental facility permitted under the terms of this section. (D) The provisions of this section shall be superseded by reinstitution of federal rent stabilization.

(E) The governing body of any county and Baltimore City may enact laws,