Our Bill Passed! It goes into effect October 1, 2023. Thanks to everyone who helped us!
A Dangerous Loophole
In November 2021, the Maryland Court of Appeals issued a decision that permits unlicensed landlords to utilize taxpayer-funded courts to evict tenants. Slumlords can now legally evict tenants even if they are unlicensed, or if their properties violate safety code. Licensing law requires a landlord to have a safe building and a license before he can collect rent - but with the loophole confirmed by this decision, a landlord can threaten tenants with homelessness if they don’t pay whatever he asks. Moreover, eviction can be used in retaliation against tenants who speak up about the conditions in their building.
The Court of Appeals decided that Charles Lankford, unlicensed owner of the Copycat building in Baltimore, could use eviction court. Ignoring the fact that Lankford is operating an extremely dangerous building illegally, and has been for years, the Court majority viewed the case solely as an issue of a landlord’s right to property.
There were several strong dissents against this decision written by other judges in the Court of Appeals, echoing the exact concerns that so many tenants rights groups also have about it: This decision allows unlicensed landlords to extort illegal payments from tenants by threatening them with eviction, effectively nullifying Maryland’s licensing laws.
After the ruling, activists and lawmakers worked together to bring an emergency bill to the legislature - Senate Bill 100 / House Bill 36. This legislation would block landlords operating illegally from using any evictions procedures until they prove their buildings are safe and obtain a license.
The bill made it all the way through the legislature, and was on Governor Hogan’s desk, ready to be signed. Instead, he quietly vetoed it the Friday afternoon before Memorial Day Weekend in an obvious and cowardly attempt to keep some of the heat off his anti-tenant decision.
You can see the Fact Sheet on the bill made by Renters United Maryland HERE. You can also read Indigo’s Senate testimony below, and learn more about the Copycat Tenants Union.
How Can You Help?
Contact your representatives! Write them, Tweet them, hit them up and let them know you’re watching and you’re not cool with landlords breaking the law and throwing their tenants out in the street. You can use THIS TOOL on the Maryland General Assembly to look up who your representatives are. Let them know that they need to pass this bill and close the loophole!
Copycat Tenants On BBC
The Copycat Union Story
The Copycat and Annex Tenants Union was founded in Spring 2020 to help tenants of the Copycat building take collective action about the dangerous and illegal conditions in their homes. Lead by Indigo Null, Charles Armstrong, Spencer Compton, and Camila Alvarez, the CCATU has worked hard to improve conditions not only for residents of the Copycat, but for tenants of Maryland overall.
SB563/HB703 is the next step in a series of actions taken by tenants rights organizations and the Copycat Tenants Union to hold landlords like Charles Lankford accountable and ensure that all tenants of Maryland are living in buildings that are safe and habitable.
Below is some news coverage of the conditions that lead up to this situation, and Velicky v Copycat Bldg. LLC, the Court of Appeals case that forced tenants rights groups throughout Maryland to take action and create this bill.
CCATU In The News
Legal Analysis of Velicky v Copycat Bldg. LLC
Zooming in On Change: Conversations in Criminal Justice ft. The CCATU
Indigo’s Testimony
This was Indigo’s testimony in front of the Maryland Senate Judicial Proceedings Committee on Tuesday, February 22nd, 2022:
“Mr. Chair, members of the committee - Thank you so much for having me. My name is Indigo, I live at the Copycat Building in Baltimore city. I am here because I know it is impossible to keep tenants safe if unlicensed landlords can use our courts to evict tenants.
I constantly breathe lead and asbestos when in my apartment. As of November, I have no working refrigerator. Hundreds of roaches swarm out of a visibly rotting wall in my kitchen and into my home. I am regularly forced to sleep in temperatures in the low 40s in the winter - the last time was this past week. Often, I don't have enough water pressure to properly wash my hair.
You'll deal with a lot if the threatened alternative is homelessness.
I'm the defendant in Velicky v Copycat – In its majority decision, the Court of Appeals said they felt my landlord, Charles Lankford should be allowed to use the court to evict me despite his being unlicensed, because he claimed he didn't want rent money, he just wanted me out of the apartment.
I encourage you to read the dissenting opinions, which enthusiastically disagree.
The ruling doesn't show the whole picture- Landlords lose their license because their buildings are unsafe. Unlicensed landlords can't legally collect rent. So theoretically, landlords should be motivated to keep buildings safe if they want to be able to rent them. Unfortunately, slumlords have found a way around that – Tenant Holding Over - an eviction method that doesn't require a rental license. Using THO, landlords can threaten a tenant with homelessness regardless of having a license or a safe building.
This is what Lankford has been using for years to extort illegal rent payments from tenants.
During the pandemic, Lankford explicitly said he would use THO in retaliation if we couldn't pay rent – I will read parts of an email he sent to his tenants on June 15th 2020-it says:
“To be clear: ONLY Rent Court... [is] part of the “Eviction Moratorium”. We use Tenant Holding Over Court...we will be filing for your eviction and your remaining debt will be turned over to a national credit collection agency which will negatively impact your credit for the next 7 years.”
Lankford clearly threatened to throw us out if we didn't pay - He even explicitly says what loophole he'll use.
This is why we need SB563 – If we allow landlords to operate unsafe buildings and use the courts despite being unlicensed, we put every single tenant in danger. Landlords know this loophole exists, exploit it often, and will continue to until you stop them.”
Special Thanks
A special thanks goes out to all the groups and individuals who have helped us in our journey, including Maryland Legal Aid, Public Justice Center, Baltimore Renters United, Renters United Maryland, CASA Baltimore, Senator Hettleman, and Delegate Lehman, and everyone else who has supported our mission.