Your Smart Home Primer - For Homeownership Month: NOT A LAWYER? - Maryland REALTORS
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NOT A LAWYER?
LEGISLATIVE SUCCESS! 8 ANNUAL CONFERENCE UPDATE 18
DON’T PRACTICE LAW! 22
Vol LVI, No 4 | Jun/Jul 2022 mdrealtor.org | marylandhomeownership.com
For Homeownership Month:
Your Smart Home Primer
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CONTENTS
FEATURES
8 That’s A Wrap:
the 2022 Legislative
Session
12 FCAR Turns 100
14 A Smart Home Primer
16 Embracing the
Pride Market
18 Making Waves:
Get Ready for the
14
2022 Maryland
REALTORS Annual
Conference!
12 16 18
DEPARTMENTS
22 Contracts 29 Bright MLS
24 Housing Advocate 30 Sell More With Maryland
28 CEO Corner 32 From the Hotline
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 1
2022 MARYLAND REALTORS®
LEADERSHIP TEAM
REALTORS®
Maryland REALTORS®
200 Harry S Truman Parkway | Suite 200
Annapolis, MD 21401-7348
443.716.3500 | www.mdrealtor.org
Leadership Team
Craig Wolf | President
Yolanda Muckle | President-Elect
Chris Jett | Treasurer
Chris Hill | Secretary
Dee Dee Miller | Immediate Past President
Craig Wolf Yolanda Muckle Chuck Kasky, RCE | Chief Executive Officer
PRESIDENT PRESIDENT-ELECT
American Home Shield Long & Foster Real Estate Editor
907 Autumn View Ct. 12220 Central Ave. Daniel Patrell | dan.patrell@mdrealtor.org
Bel Air, MD 21014 Mitchellville, MD 20721
Advisory Committee
443.643.6742 301.249.1600
Yulonda Campbell | Chair
yolanda.muckle@lnf.com
Pamela Harrison | Vice Chair
Advertising
Arlene Braithwaite | 410.772.0820
Publication Design
HBP, Inc., 952 Frederick Street, Hagerstown, MD 21741
800.638.3508 | www.hbp.com
Mission Statement
Maryland REALTORS® exists to support all segments of its
membership and their specialties. Maryland REALTORS®, through
Chris Hill Chris Jett collective efforts with local boards/associations and the National
SECRETARY TREASURER Association of REALTORS®:
Century 21 New Millennium Shore 4U Real Estate ■ Develops and delivers programs, services and related
23063 Three Notch Road 23 Fountain Drive W 2nd products that maintain and elevate the high standards of
California, MD 20619 Ocean City, MD 21842 the real estate business and the professional conduct of its
301.862.2169 443.523.2360 practitioners;
chris@thechrishillteam.com chris@shore4u.com ■ Assists members in ethically and professionally serving
the public;
■ Promotes and preserves the right to own, transfer and use
real property; and
■ Protects the right of members to conduct business within
a framework of fair and reasonable laws and government
regulations.
In principle and in practice, Maryland REALTORS® values and
seeks diversity and inclusive participation within the field of real
estate and recognizes each member as a unique individual.
Maryland REALTOR® (USPS 0016-017) is published bimonthly by Maryland REALTORS®,
Dee Dee Miller Chuck Kasky, RCE Suite 200, 200 Harry S. Truman Parkway, Annapolis, MD 21401-7348. Periodical postage paid
at Annapolis and additional mailing offices. Postmaster send address changes to: Maryland
IMMEDIATE PAST PRESIDENT CHIEF EXECUTIVE OFFICER REALTOR®, Suite 200, 200 Harry S. Truman Parkway, Annapolis, MD 21401-7348.
Long & Foster Real Estate Maryland REALTORS® Member subscriptions of $3.81 are paid with annual dues.
541B Baltimore Annapolis Blvd. 200 Harry S Truman Pkwy. This publication is designed to provide accurate and authoritative information regarding the
subject matter covered. It is offered with the understanding that the publisher is not engaged
Severna Park, MD 21146 Suite 200 in rendering professional advice. If legal advice or other expert assistance is required, the services
443.995.2297 Annapolis, MD 21401 of a competent professional should be sought. Articles that appear in Maryland REALTOR® are
an informational service to members. Their contents are the opinions of the authors alone and
deedee@lnf.com 800.638.6425 do not necessarily represent those of Maryland REALTORS®.
chuck.kasky@mdrealtor.org Permission to reprint articles appearing in Maryland REALTOR® magazine must be requested in
writing. Also include purpose for request.
While this magazine makes a reasonable effort to establish the integrity of its advertisers, it does
not endorse advertised products or services unless specifically stated.
©2022 Maryland REALTORS®, Inc.
2 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org
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PRESIDENT’S PERSPECTIVE
When Homeownership is a Challenge
June is Homeownership Month,
a time to celebrate the work we …(at) our upcoming annual conference,
do and the people we help find Making Waves: Engaging the Future, we will offer
their dream home. The process
of buying a home has gotten a for the first time in Maryland, a CE course on
bit difficult over the last several marketing to and working with the LGBTQ+
months, hasn’t it? Everyone knows
it’s a tough market. You’ve seen it in Community. We will also offer for the first time a
our news releases to the media, and
CE course focusing on Property Management.
we’ve all been talking about how
this tissue-thin inventory is pricing
many buyers out of the market. It’s and possible pitfalls of negotiating keynote speakers, innovative
tough on buyers, of course. strategies like foregoing an inspec- educational sessions, a social media
tion or appraisal, while also working bootcamp, yoga (Yoga? Yes, yoga!),
But it’s also tough on you.
with sellers to present their homes an opening night celebration, and
REALTORS® are working harder attractively, honestly, and open to our very own pub crawl for your
than ever, often with less to show anyone who qualifies financially. own networking enjoyment.
for all that effort. Many times, an It is a tough market, but you as
There’s a lot of great content in
offer has to start at 10 to 12 percent REALTORS® are continuing to drive
this issue, including a Legislative
over the asking price, and there’s no Maryland’s economy forward. For
Wrap-up of our recent legislative
assurance that this will be enough. this, during Homeownership Month,
session. Our Director of Housing
Multiple offers can push the price I thank you.
and Consumer Affairs, Lisa May, has
into the stratosphere, and we have
June is also Pride Month. It’s been contributed a success story with
buyers willing to purchase a prop-
wonderful to see the LGBTQ+ help from our friends at the Coastal
erty sight unseen, willing to forego
community play such a posi- Association of REALTORS® about
inspections, willing to gamble on
tive and emerging role in the real the City of Salisbury’s work
a house with a very steep price.
estate profession. To learn more, I in spurring housing starts. Great
Between a crazy market and buyers
encourage you to turn to page 16 to job, Salisbury!
willing to go to extremes to get a
read an insightful story from Nico
house, who’s in the middle? The Thanks for reading. Thanks for the
Makuch, President of the LGBTQ+
REALTOR®, of course. work you do. Thank you for being
Real Estate Alliance Central
a member. ■
But something that always amazes Maryland Chapter.
me about our REALTOR® members
I would also encourage you to turn
is their resiliency. Not only are
to page 18 and review our plans
you sound businesspeople, you
for our upcoming annual confer-
are also amazing entrepreneurs.
ence, Making Waves: Engaging
Successful entrepreneurs often
the Future, where we will offer
display a certain nimbleness in their
for the first time in Maryland a CE Craig Wolf
work to achieve success. Much of Is Maryland
course on marketing to and work-
that success comes from manag- REALTORS®’
ing with the LGBTQ+ community.
ing the expectations of your buyer 2022 president.
We will also offer, for the first time,
and seller clients and sharing
a CE course focusing on Property
your perspective, such as advis-
Management. There will be great
ing buyers of good opportunities
4 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org
Bob Marousek
Branch Manager |Mortgage Loan Originator
NMLS# 208892
410-262-5626
5 N Main St., Suite 3A
Bel Air, MD, 21014
Bob.Marousek@SPMC.com
www.BobMarousek.com
©2022 Sierra Pacific Mortgage Company, Inc. NMLS # 1788. (www.nmlsconsumeraccess.org) Equal Housing Lender. This is not a commitment to lend. Licensed by the Delaware State Bank Commissioner # 9801, exp. 12/31/22.
Programs subject to change without notice. Some restrictions may apply. Not a commitment to lend.
REALTOR® TALK
Kings and Queens of the Hill
Forget “location, location, loca- of the Maryland REALTORS® was Explains Greg Phillips, FPC to
tion.” During the 2022 NAR “supply, supply, supply.” Congressman David Trone, “Since
Legislative Meetings, the mantra real estate affects roughly 20% of
On May 3, state and local
the gross national product, we want
REALTOR® leadership took to
to ensure that the message of the
Capitol Hill promoting priority
homeowner is heard loud and clear.”
legislation to boost housing supply
and enforce Fair Housing regula- At the federal level, that message
tions. They were led by Maryland’s involves creating incentives and
Federal Political Coordinators adjusting tax policy. Senator Chris
(FPC), who are REALTORS® Van Hollen noted during his visit
assigned to serve as liaisons to each that Congress can only nibble at the
member of Congress. issue; the real work of expanding
housing supply comes from zoning
Armed with the latest hous-
decisions made by state and local
ing statistics and results of the
officials.
Maryland State of Housing
Survey (available at opendoors- Just one week after REALTOR® Hill
maryland.org), REALTORS® Visits, the Biden Administration
shared personal anecdotes of unveiled a Housing Supply Action
massive inventory shortages and Plan, which includes some of our
Our GADS at work at the Legislative Meetings! Bill
the difficulties facing first-time federal priority issues below. Check
Castelli, Susan Mitchell, Theresa Kuhns (SMAR),
Susie Hayward (Mid Shore), Blair Inniss (FCAR,
buyers. It is those personal stories out our View From Annapolis analy-
CCR, HCAR), Zac Trupp (GCAAR), Lisa May Colin that set Hill Visits apart from other sis of this plan on mdrealtor.org. ■
Zimmerman (Coastal), and Dwayne Mingo (PGCAR). types of advocacy efforts.
Maryland REALTORS(R) at work on Capitol Hill: Bill Castelli, Secretary Chris Hill, President-Elect
Yolanda Muckle, Senator Chris Van Hollen, FPC Bonnie Casper, Boyd Campbell, and President
Craig Wolf.
Federal
Priority Issues:
■ The Housing Supply and
Affordability Act,
S.902/H.R. 2126
■ The Neighborhood
Homes Investment Act,
S. 98/H.R. 2143
■ The GREATER
Revitalization of Shopping
Centers Act, H.R. 5041
■ The Revitalizing
Downtowns Act,
S. 2511/ H.R. 4759
■ The Housing Fairness Act,
S. 769/H.R. 68
6 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org
Oilheat. Know more,
sell more.
Energy Efficiency – Let’s Talk About It!
a key selling feature Real Estate and The Energy Crisis
When you prepare an oil-heated listing to show, you’ll Schedule a 15-minute
want to highlight every possible selling feature of that PRO$ presentation
home, including its energy efficiency. Here’s what during your office
you should find out about the home that you’re meeting and
getting ready to list: you’ll learn:
Smart thermostat? Homeowners How to address
who have smart thermostats are able to the long-term
moderate their energy use and reduce waste ramifications of
when they aren’t at home. If your client owning an oil-
doesn’t have one installed, they should — heated home.
it adds a whole new dimension to the
Foreign independence:
efficiency of a home. Where does our oil really
Service contracts? If your client has a service come from?
contract with their heating oil company, that’s a Bioheat® fuel and the revolutionary
major selling feature. Heating oil systems that are solution to controlling oil prices.
regularly maintained operate at peak efficiency, leading to
The three tell tale signs that an above
savings year over year. And, local heating oil dealers often transfer
ground tank needs to be replaced.
service contracts from one homeowner to the next. Buyers respond
very favorably when they find out the heating system in their new Tank replacement options: What are the
home is already covered. real costs?
Other recent home upgrades? Home upgrades have a direct How to help your clients reduce heating
costs up to 65%.
impact on the overall energy efficiency of a home. For example, if
old windows are replaced with airtight windows, air leakage will be
To schedule a brief, 15-minute
reduced. This keeps more heat inside the home, leading to increased
conversation on Zoom or in-person, visit
energy efficiency. Find out if your client has made any recent home
OilheatPROS.com/md-de.
improvements to determine just how energy efficient the home
really is. The more you know, the more you’ll sell!
PRO$ is the national nonprofit educational
For more tips and information about highlighting energy efficiency
program for REALTORS® selling oil-heated
during the sales process or for suggestions on how to improve the
listings.
energy efficiency in your clients’ homes, visit OilheatPROS.com/md-de.
Bioheat® fuel — What does it mean
for your clients?
Most of the heating oil OilheatPROS.com/md-de
in Maryland is now
Bioheat fuel, which you
can use as a powerful selling point when you are listing and selling
oil-heated homes. It’s made by combining regular heating oil with
biofuel, which is a renewable blend of oil from materials like soybeans
and vegetables. Bioheat fuel supports more efficient equipment, reduces
emissions dramatically and eliminates a primary source of equipment
mapda.com
breakdowns. Visit MyBioheat.com to learn more about Bioheat fuel. Paid for by the National Oilheat Research Alliance and
the Mid-Atlantic Petroleum Distributors Association.
REALTOR® Members Score a Win
with Pay at the Table
BY BILL CASTELLI, ESQ.
M
aryland REALTORS® enjoyed success on education classes (HB 807) and legislation reforming
its top priority, HB 568/SB 425 (Pay at the “partition sales” in Maryland (HB 777/SB 92). These bills
Table legislation). This legislation clarifies must also be signed into law before taking effect this fall.
that brokers will once again be able to pay real estate
Legislation to prohibit real estate “love letters” did not
agents at the settlement table, as directed by a written
pass after a federal district court issued an injunction
disbursement agreement.
against the Oregon law on which the Maryland bill was
This option had been in place for over 30 years but based. Legislation expanding accessory dwelling units
was halted last year by the Maryland Real Estate (ADUs), which has the potential to add thousands of
Commission when a question was raised about the legal affordable rental units across Maryland, did not pass.
basis for such payments. HB 568/SB 425 clarifies the Finally, legislation bringing balance back to the law on
current law and will allow brokers and title companies the return of deposit money will be worked on during
to restart this practice. This bill does not mandate “Pay the summer to address concerns from opponents
at the Table” arrangements but simply makes them during the last session.
available for brokers who would like this flexibility. The
For a quick summary of other real estate bills, read
bill must be signed into law by the Governor and takes
below. The Legislature acted on climate change legis-
effect October 1, 2022.
lation affecting commercial properties, eased rules
The Association also supported legislation to make it regarding applications for the homestead tax credit,
easier for schools conducting Zoom-type continuing and passed several landlord-tenant bills.
AFFORDABLE HOUSING AND TAXES
HB 108/SB 524 – Public Utilities – Energy Efficiency and HB 204/SB 181 – Homeowners’ Property Tax Credit –
Conservation Programs – Energy Performance Targets and Application Filing Deadline – Extension
Low-Income Housing STATUS: PASSED – Effective June 30, 2022
STATUS: PASSED – Effective July 1, 2022 Similar to the previous bill, this would allow a homeowner to
Establishes a reduction target of 0.4% of gross energy savings per apply for the Homeowner Property Tax Credit (different than the
year for lower income individuals in Maryland. The bill charges the Homestead tax credit) within 1 year after April 15th of the taxable
Department of Housing and Community Development (DHCD) year in which the credit was sought. Would apply to first-time
to work with other agencies to plan and implement assistance applicants or applicants who have filed in each of the 3 taxable years
programs to achieve these goals. There is also a task force created to immediately preceding the current year.
help create the energy plan.
HB 449 – Property Tax- Renters’ Property Tax Relief
HB 203/SB 197—Homestead Property Tax Credit Program – Program – Application Period
Retroactive Qualification and Calculation of the Credit STATUS: PASSED – Effective June 1, 2023
STATUS: PASSED – Effective June 30, 2022 Permits renters who are over age 70 to retroactively apply for the
Would permit the State Department of Assessments and Taxation Renters Tax Credit within 3 years of eligibility.
(SDAT) to apply the Homestead Property Tax Credit retroactively in
situations where a homeowner failed to apply for the credit in the HB 480 – Homestead Property Tax Credit – Calculation of
previous year. Credit for Dwelling Purchased by First-Time Homebuyer
STATUS: NOT PASSED
Although the Homestead Tax Credit is not typically transferable from
a seller to a buyer, HB 480 established a process for a homebuyer
to receive an additional amount added to the homestead tax credit
based on the previous property owner’s assessment. The additional
assessment amount would be phased out over a 5-year period.
8 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgHB 809/SB 976 – Property Tax Exemption – Disabled Veteran, HB 1186 – Property Tax Credit – Elderly Individuals, Veterans,
Active Duty, and Surviving Spouse and Surviving Spouses – Alterations
STATUS: PASSED – Effective October 1, 2022 STATUS: PASSED – Effective June 1, 2022
Establishes a process for eligible individuals to apply for the disabled Enables county governments to greatly expand a property tax credit
veteran property tax exemption prior to purchase. This would allow to elderly, veterans and surviving spouses. The bill eliminates caps
a purchaser to have the benefit of the tax credit calculated in their on how long the credit may be granted and how much the credit
loan payments and closing costs. The state is required to process the may exceed a property owner’s current tax liability.
application within 15 days. The tax exemption applies only to 100%
disabled veterans and their surviving spouses and applies to 100% of HB 1200/SB 818 – Accessory Dwelling Unit Authorization and
the state and local property tax. Promotion Act
STATUS: NOT PASSED
HB 927/SB 744 – Housing and Community Development –
Would have required local governments to have a robust Accessory
Affordable Housing – Listing and Disposal of Excess
Dwelling Unit (ADU) law permitting homeowners to establish an
Real Property
independent dwelling unit in or on their property.
STATUS: PASSED – Effective June and October 2022 (different
provisions have different effective dates) HB 1345 – Sales of Residential Real Property – Offers to
Allocates up to $30 million from the administrative income tax Purchase and Transfer Tax
refund account controlled by the Comptroller to the Maryland STATUS: NOT PASSED
Rental Housing Fund overseen by the Department of Housing and Would have prohibited sellers from accepting offers from certain
Community Development (DHCD). The bill also creates a process for real estate enterprises or institutional investors, established a 30-day
reviewing excess or surplus state-owned property that may be suit- lock out period for those institutional purchases, and levied a 15%
able for conversion to workforce or affordable housing. The process transfer tax on institutional purchases.
allows the sale or donation of the property to either a nonprofit
organization or developer.
REAL ESTATE BROKERAGE AND CONTRACTS
HB 268/SB 274 – Property Tax – Exemptions for Business its application to wills and trusts and clarifying the process for
Personal Property – Alterations remote ink notarizations.
STATUS: PASSED – Effective June 1, 2022, for tax years starting
HB 720/SB 424 – Real Estate – Real Estate Brokerage
after June 30, 2022
Services and Termination of Residential Real Estate Contracts
Increases the state tax exemption for personal business property (The Anthony Moorman Act)
from $10,000 to $20,000 and clarifies that the state may not collect
STATUS: NOT PASSED
personal property information from the taxpayer or require the
taxpayer to submit a personal property tax return when using the Would have brought balance back to the return of deposit law in
exemption. Previous rules required the filing of a personal property Maryland by allowing purchasers to receive their deposit money
tax return for any property over $2,500. within 30 days after notifying an escrow holder that the purchaser is
exercising certain contingencies in the contract. Currently, sellers can
HB 528/SB 425 – Real Estate Associate Brokers and deny the lawful return of deposit money to a buyer by simply not
Salespersons – Compensation – Payment from Title signing a deposit release.
Insurance Producer
HB 762/SB 678 – Real Property – Residential Contract
STATUS: PASSED – Effective October 1, 2022
of Sale – Buyer Identification
Clarifies that title companies may pay compensation to a real estate
STATUS: NOT PASSED
licensee on behalf of the real estate broker according to a written
disbursement authorization provided by the real estate broker. The As drafted, the bill would have permitted buyers to sign contracts
clarification seeks to continue “pay at the table” options provided without their legal name in order to hide their protected class status.
by some real estate and title companies. Previously, the Real Estate The Legislature considered a number of amendments to the bill,
Commission expressed concern over the statutory authority for such including allowing buyers to sign contracts with just their initials.
transactions which had been common for over 30 years.
HB 777/SB 92 – Real Property – Partition of Property
HB 663/SB 317 – State Government – Notarial Acts – STATUS: PASSED – Effective October 1, 2022
Fees and Use of Communication Technology Provides additional protections to joint tenants whose property is
STATUS: PASSED – Effective October 1, 2022 being sold through a partition sale. The bill provides better disclo-
Increases the fees that notaries may charge based on whether the sures, a market rate appraisal of the property, the opportunity to
notarization was in person (maximum of $25) or remote (maximum purchase the property and a requirement that if a partition sale is
of $50). The bill also clarifies that any remote notarization conducted ordered, the sale would be a market sale using a real estate broker.
during the Pandemic emergency order was valid. Finally, the bill
clarifies certain procedures regarding remote notarizations including
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 9HB 807 – Real Estate Brokers, Salespersons, and Associate from various real estate related businesses including REALTORS®.
Brokers – Continuing Education Courses – Verification The Task Force must report its findings to the Governor and the
of Identity General Assembly on or before October 31, 2023.
STATUS – PASSED – Effective October 1, 2022
HB 1457 – Real Estate Transactions – Prospective Buyer
Establishes that Zoom-type continuing education classes may use Communication – Personal Information
a written affidavit to verify the identity of class participants rather
STATUS: NOT PASSED
than showing a picture I.D.
Would have prohibited real estate licensees from transmitting real
HB 1097 – Task Force on Property Appraisal and estate “love letters” from one party to another. These communica-
Valuation Equity tions often contain information and sometimes pictures regarding the
STATUS: PASSED – Effective June 1, 2022 personal characteristics of the sender which may violate fair housing
laws. About a week after the bill was submitted, an Oregon Federal
Requires the Department of Housing and Community Development
District Court issued an injunction against a similar Oregon law.
(DHCD) to oversee a Task Force on Property Appraisal and Valuation
Equity. The Task Force would be required to include representatives
COMMON OWNERSHIP COMMUNITIES
HB 107 – Cooperative Housing Corporations, Condominiums, single-family detached housing under an HOA regime. This change
and Homeowners Associations – Reserve Studies – Statewide helps the marketing of Cottage home detached dwellings created
STATUS: PASSED — Effective October 1, 2022 under a condominium regime.
Expands the requirement for reserve studies to housing coopera- HB 615 – Real Property — Condominium and Homeowners
tives, condominiums and homeowners associations outside of Associations – Dispute Settlement
Montgomery and Prince George’s County. The first reserve study
STATUS: PASSED – Effective October 1, 2022
would need to be completed by October 1, 2023, and updated every
5 years. The bill applies prospectively to new communities estab- Establishes a dispute resolution process for HOAs that is similar
lished after October 1, 2022. to the process for condos. It applies to complaints initiated after
October 1, 2022, unless the bylaws state an alternative process. In
HB 553 – Condominiums – Mandatory Insurance Coverage – general, the dispute settlement procedures establish that a violator
Alterations of the bylaws must be given notice and time to correct the violation
STATUS: NOT PASSED before fines may be imposed.
Would have clarified that single-family, detached dwelling units
organized under a condominium regime may provide insurance like
LAND-USE, PROPERTY RIGHTS, AND THE ENVIRONMENT
HB 318 – Environment – On-Site Wastewater Services – Would have established a right under Maryland’s Constitution for a
Regulation healthful and sustainable environment which may not be infringed
STATUS: PASSED – Effective July 1, 2022 by the State.
Establishes the Board of On-Site Wastewater Professionals within HB 1200/SB 818 – Environment – Permit Applications –
the Maryland Department of Environment. The Board will regulate Environmental Justice Screening
individuals engaged in most on-site wastewater services except for
STATUS: PASSED – Effective October 1, 2022
inspectors engaged during a property transfer. Property transfer
inspectors are already regulated by MDE and must have a license to Creates an Environmental Justice (EJ) Score for projects seeking
conduct inspections starting July 1, 2022. certain state permits. As introduced, the bill would have applied to
all state permits. As passed, the bill applies to a limited number of
HB 596/SB 783 – Constitutional Amendment – state permits, including air quality; landfills; incinerators; hazardous
Environmental Rights substances; water discharge permits; storage of sewage sludge; and
STATUS: NOT PASSED storage of nuclear waste.
PROPERTY MANAGEMENT
HB 86/SB 6 – Landlord and Tenant – Residential Leases – year). Landlords must also provide an itemized list of the damages
Tenant rights and Protections (Tenant Protection Act of 2022) repaired when returning a security deposit or an estimate of the
STATUS: PASSED – Effective October 1, 2022 anticipated costs. Apartment facilities must provide tenant groups
with free meeting space at least once a month. Finally, the bill
Bill makes four changes to law. It requires a landlord who uses a
expands the law allowing victims of abuse to break a lease.
Ratio Utility Billing System (RUBS) to disclose that to a prospective
tenant and provide a statement detailing the methodology used
and the average monthly utility costs of tenants (for a calendar
10 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgHB 91 – Irredeemable Ground Rents – Notice and Filing HB 824/SB 629 – Landlord and Tenant – Eviction Data –
Requirements Collection and Distribution
STATUS: PASSED — Effective October 1, 2022 STATUS: PASSED – Effective October 1, 2022
Gives owners of irredeemable ground rents an extension of time Requires the Judiciary to collect eviction data every month
to renew the irredeemability of the ground rent by April 1, 2023. and publish it on the Department of Housing and Community
Without this legislation, irredeemable ground rents which had Development’s (DHCD) website. The data dashboard would track
not recorded their irredeemability would have been converted to the information by zip code and census track area.
redeemable ground rents.
HB 881 – Landlord and Tenant – Residential Leases and
HB 174 – Landlord and tenant – Repossession for Failure to Holdover Tenancies – Local Just Cause Termination Provisions
Pay Rent – registration and License Information STATUS: NOT PASSED
STATUS: PASSED – Effective October 1, 2023 Would have enabled local governments to pass “just cause” termina-
Clarifies that a landlord’s compliance with the Lead Poisoning tion legislation that restricts landlords from terminating leases at
Prevention Program may be an issue of fact in a trial regarding the end of the lease term. Conditions that would be considered “just
nonpayment of rent. cause” include conditions such as: a tenant committing a substantial
breach of the contract; the landlord removing the dwelling from the
HB 521 – Landlord and Tenant – Repossession for Failure to rental market; the tenant failing to grant access to the landlord; and
Pay Rent – Shielding of Court Records the tenant engaging in disorderly conduct; etc. The bill would have
STATUS: PASSED – Effective October 1, 2022 forced landlords to renew leases of tenants who continually pay late.
Permits the shielding of court records related to a failure to pay rent
HB 932/SB 592 – Landlord and Tenant – Right to Redemption
on or after March 5, 2020, but before January 1, 2022. Shielding
of Leased Premises – Form of Payment
would not apply to any actions for repossession that resulted in a
money judgment in favor of the landlord unless the judgment has STATUS: PASSED – Effective Upon Governor’s Signature
been satisfied. In order to be granted shielding, the tenant must Clarifies that an electronic or written check issued by a local
show the nonpayment of rent was related to a loss of income arising government on behalf of a tenant shall have the same legal effect
out of the COVID-19 pandemic. as payment from the tenant. This would allow rental assistance
payments to be used by a tenant exercising their right of redemption
HB 674/SB 384 – Landlord and Tenant – Stay of Eviction when facing eviction.
Proceeding for Rental Assistance Determination
STATUS: PASSED – Effective when signed by the Governor HB 1110 – Environment – Lead Poisoning Prevention –
Elevated Blood Lead Level
Establishes that a court shall stay an eviction or execution of a
warrant of restitution for nonpayment against a tenant who has STATUS: PASSED – Effective July 1, 2022
applied for rental assistance before or within 30 days after the land- Extends the amount of time that the Maryland Department of
lord files a complaint. The stay terminates when the application and Environment (MDE) has to lower the elevated blood lead level to
funds for rental assistance are disbursed to the tenant or after 35 the United States Center for Disease Control level. That level is the
days whichever is sooner. However, if the tenant has received rental trigger level at which a child will be notified about an elevated blood
assistance, it is likely the court will not grant eviction. lead level and when remediation may be required for a property.
Currently Maryland’s trigger level is 5 uG/DL (micrograms of lead
per deciliter) and will drop down to 3.5 uG/DL starting on January
1, 2024, or whatever level the CDC has set after December 31, 2023.
The bill also makes clear that Maryland has one year to set its trigger
level after the CDC announces any new trigger levels.
COMMERCIAL
HB 27/SB 289 – Historic Revitalization and Enterprise Zone SB 528 – Climate Solutions Now Act of 2022
Tax Credits – Alterations and Eligibility STATUS: PASSED – Effective Different sections have different
STATUS: PASSED – Effective June 1, 2022 effective dates but generally June 1, 2022
Increases the amount of assistance that small commercial projects Establishes broad goals for Maryland to reach net-zero green-
under the Historic Revitalization and Enterprise Zone Tax Credit can house gas emissions by 2045, including net-zero gas emissions
access. The bill also increases the overall funding of the program. for specified buildings by 2040. The bill also requires owners off
affected buildings to measure and report emission to the Maryland
SB 361 – Income Tax – Carried Interest – Additional Tax Department of Environment (MDE) beginning in 2025. The building
STATUS: NOT PASSED requirements in the bill apply to commercial or multi-family resi-
Would have imposed an additional 17% tax on certain pass-through- dential buildings and state buildings that have a gross floor area
entity’s taxable income. Would have levied this extremely high tax of 35,000 square feet. The legislation permits buildings having
on many real estate partnerships despite an attempt to exempt out trouble meeting the goals to pay a fee in lieu of meeting those
partnerships where 80% of the value was held in real estate. requirements. ■
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 11FCAR Celebrates 100 Years
BY CHRIS HAUGH
L
ike many associations across Maryland and location for new business enterprises, the organization
the nation, the Frederick County Association sought to establish rules of conduct for real estate
of REALTORS® (FCAR) is marking a century of businesses and
service to its members and the local community. A lot developed market-
can change in 100 years and documenting the story of a ing focused on
centenarian organization can feel like a herculean task. the benefits of
Board leadership is inherently transitory, technologi- home and busi-
cal innovations shift the business landscape, and social ness property
changes demand honest analysis and response. While ownership.
the world of 1922 seems (and is) more than a lifetime
Over the decades,
away, it has been comforting to see how the association
the Board of Real
has changed with the times (for the better) while also
Estate tackled
holding true to its founding principles.
issues like govern-
On February 9, 1922, real estate professionals Richard ment-imposed
Potts, Markell Nelson, John Clary, Noah Cramer, rent controls in
Alfred Gaver, David Griffin, Markwood Harp, W.N. the 1930s, which
Jolliffe, Grayson Mercer, J. Lee Simmons, Grayson discouraged home
Staley, and John Stauffer formed the Frederick Real construction and
Estate Board. Their mission was to promote the local ownership. They opposed federal housing proposed for
real estate industry. Frederick and encouraged non-government housing
accommodations to be created on behalf of those in
The Real Estate Board worked with other civic and busi-
need of affordable housing.
ness organizations to encourage public improvements
that would accommodate property owners. In addi- On April 16, 1962, the National Association of Real
tion to promoting the City of Frederick as a desirable Estate Boards signed a one-page agreement
12 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgapproving the Frederick Real Estate Board’s request
to change their name to the Frederick County Board
of REALTORS®, Inc. By signing this agreement, the
Frederick County Board of REALTORS® were granted
the right to use the word REALTOR(S)® in their name.
The Frederick County Board agreed to abide by the
Bylaws of the National Association to comply with all
terms and conditions governing the use of the term
REALTOR® and REALTORS®.
After the Civil Rights Act of 1968 was signed into
law, the Frederick Board of REALTORS® assisted city
government and Frederick County’s Human Relations
Committee in expanding housing opportunities for the
City’s populations that needed adequate and dignified
housing solutions.
In October of 1976, Downtown Frederick City expe-
rienced catastrophic tropical storm flood damage.
In response, the Board of REALTORS® were strong
proponents of the measures taken that created the
Carroll Creek flood control project and other land-use
guidelines that helped to protect properties and reduce
future flooding risks.
On September 13, 1989, the Frederick County Board
of REALTORS® signed a new agreement with the
National Association of REALTORS®, which approved
changing the name of the organization to its pres-
ent-day form, the Frederick County Association of
REALTORS®, Inc. (FCAR).
Beyond its work as a professional organization, FCAR
is proud of the spirit of volunteerism and community
involvement that thrives within its ranks. Association FCAR is fiercely proud of 100
members serve the Frederick community through years of promoting the founding
participation in civic, religious, service organizations,
and fundraisers that benefit local nonprofits. Recently, principles of the real estate profession
FCAR established a charitable endowment with the
and fostering professional behavior in
Frederick County Community Foundation called the
FCARe Fund. The fund is FCAR’s vehicle for commu- its members.
nity giving, making it easier for its members to give
back to nonprofits that benefit the communities
they serve.
FCAR is fiercely proud of 100 years of promoting the The association officially celebrated its centennial
founding principles of the real estate profession and with a Jubilee Week earlier this year, culminating in
fostering professional behavior in its members. In 2022, the Platinum Jubilee Gala event on April 30. Over
just like in 1922, FCAR is working to make Frederick 400 members gathered to honor past leadership,
County not only a place where everyone will want to showcase FCAR’s rich history, and look forward to the
live, but better in every sense of the word. next 100 years. ■
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 13Getting Smart on Smart Homes
BY YULONDA R. CAMPBELL
W How To Recognize Smart Features
hat was once niche has now become main-
stream. As the demand for smart homes
Because smart home devices are designed to blend into
grows, so too does the need for REALTORS®
the home and function in the background seamlessly, it
with the knowledge and ability to sell them.
is easy for these features to go unmentioned in a listing
Smart homes are packed with features that appeal to and unnoticed on a showing. The best way to know
buyers of all ages, from increased security to lower if a device is smart is to ask. Request that the owner
energy bills. Devices within these homes are getting provides a list of the make and model of any devices
smarter, faster, and better at communicating with each that can be controlled through a wireless connection.
other, making them more functional and accessible. This will give buyers the information needed to research
According to Statista.com, the demand for smart homes the device’s function, security, and transfer processes.
is expected to increase from $5.8 billion in 2022 to $8.2
billion by 2025. REALTORS® who can recognize these
High ROI Investment
devices, explain how they are used, and discuss their
potential value or non-value will also be in high demand. Because this tech is highly appealing and these
upgrades are most often inexpensive, this investment
can result in a higher than 100% return for sellers.
What Is A Smart Home?
A common and inexpensive combination of devices that
A smart home is a dwelling equipped with technology
meets the smart home standard is a video doorbell,
that allows the residents to remotely control features
smart thermostat, and a security camera, which can be
of the house such as the temperature, lighting, and
self-installed for under $200. With some integrations,
security through the internet. The term “smart home”
these devices can also be connected and grown into a
can apply to a wide range of different setups. Still, NAR
whole-home system of detectors, sensors, and controls
has adopted the definition of a smart home as a home
that attract buyers at all price ranges. Integration allows
with internet access and at least three Wi-Fi-connected
devices, such as a thermostat, security camera, and
lights. At least one of these devices must be security
or temperature control device.
What Can A Smart Home Do?
The potential uses for smart home technology are virtu-
ally endless, limited only by the homeowner’s imagina-
tion. However, devices can be grouped into three broad
categories based on their primary function: security,
systems, and convenience. Smart security devices
include everything from doorbell cameras to motion-
activated alerts that can help to deter burglars. Smart
systems include thermostats, utility usage regulators,
and control hubs, which can be controlled remotely or
programmed for automation. And of course there are
smart devices that make life more convenient, such as
voice-activated assistants and wifi speakers.
14 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgfor “if then, than that” automations that really amaze,
intrigue, and entice homebuyers. As it is with most
things, the more you build it out (with the right features) It is important to note that not all
the more valuable the home becomes.
devices are valued equally when
Function, Service & Installation Matter selling a home. Generally speaking,
It is important to note that not all devices are valued those devices that do not need a paid
equally when selling a home. Generally speaking, those
devices that do not need a paid subscription and those
subscription and those that have been
that have been hardwired and affixed to the home hardwired and affixed to the home
bring the highest values. On the other hand, devices
requiring paid subscriptions or those not permanently
bring the highest values.
attached to the home may cost the buyer money. As
a result, these types of devices typically do not add
value to a home. Instead, they may even detract from
the overall value. Learn More to Earn More
The field of home automation is constantly evolv-
Savings Beyond the Sale ing, and REALTORS® who want to remain competitive
In addition to the potential increase in home value that and most helpful to their clients need to stay current
comes with owning a smart home, there are also some on home tech trends. While keeping abreast of every
considerable savings. For example, smart appliances, new development can be daunting and unrealistic, it is
utility monitors, and sensors can all help to reduce your essential to focus on the fundamentals. One of the best
long-term energy use. Similarly, leak sensors, on-off ways stay informed is installing a few devices of your
valves, and sump-pump controllers can help to prevent own. This will give you first-hand experience with the
water damage. Additionally, some insurance compa- pros and cons of the technology.
nies also offer premium discounts for installing smart
To take your knowledge base to the next level, consider
prevention devices. Furthermore, smart detectors, secu-
earning NAR’s Green Designation or Smart Home
rity alerts, and sprinkler systems can help save a life.
Certification. ■
Things that can be made “Smart”
Security: Utility Monitoring: Fun/Convenience:
■ Surveillance Cameras ■ Water Meter Monitor ■ Smart Car Chargers
■ Video Doorbells ■ Electrical Usage Monitor ■ Switches
■ Motion Flood Lights ■ Leak Detectors ■ Faucets
■ Automatic Door Locks ■ Moisture & Temperature ■ Lights
■ Motion Detectors ■ Smart CO2 & Radon Detectors ■ Speakers
■ Contact Sensors ■ Sump Pump Controller ■ Televisions
■ Smart Garage Openers ■ Smart Attic Fans ■ Appliances
■ Loved-One Alerts ■ Natural Gas & Propane Detectors ■ Smart Action Buttons
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 15The Importance of Pride
BY NICO MAKUCH
J
une—Pride Month—is special for the LGBTQ+ uptick in LGBTQ+ homeowners since the ruling with
community as it dates back to June 28, 1969, when 42% noticing an increase of LGBTQ+ singles.
police raided the Stonewall Inn on Christopher Street
Society is overwhelmingly supportive of our community
in Manhattan’s Greenwich Village, targeting LGBTQ+
as the Public Religion Research Institute (PRRI) recently
patrons. Only this time, the customers rioted in protest,
reported that 79% of all Americans favor laws that
which launched the modern LGBTQ+ movement.
would protect the LGBTQ+ community from discrimina-
A year later Pride Month was born when the commu- tion in jobs, public accommodations, and housing. This
nity gathered at Stonewall to mark the anniversary of number has grown 8% since 2015.
the revolt.
You may be surprised to learn that Gallup recently
Here we are more than 50 years later, and the fight reported that 20.8% of “Gen Z” self-identifies as part
continues. Thankfully so many positive things have of the community. The younger generations are fuel-
happened including the June 2015 Supreme Court ing greater acceptance levels and therefore allowing so
ruling that legalized same-sex marriage. The impact of many more to live authentically as part of the commu-
this has been monumental. The LGBTQ+ Real Estate nity. Therefore, it is no wonder that the same report
Alliance’s second annual LGBTQ+ Real Estate Report indicated that 7.1% of the U.S. adult population
recently shared that 64% of members have seen an is LGBTQ+.
16 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgPERCENTAGE WHO ■ 17% cited examples from the last three years of
AGE GROUP
SELF-IDENTIFY AS LGBTQ+ industry colleagues not wanting to work with them
U.S. Adult Population 7.1% because they are part of the LGBTQ+ community,
while only 6% percent shared the same sentiment
Gen Z 20.8%
(born 1997-2012) about their own company’s colleagues.
Millennials 10.5% And while the discrimination against industry colleagues
(born 1981-1996) is bad enough, we really need to reflect on the fact that
Generation X 4.2% 20.7% of our members report that real estate agents are
(born 1965-1980) the culprit in how housing discrimination occurs against
Baby boomers 2.6% the LGBTQ+ real estate home buyer.
(born 1946-1964)
Real estate professionals are leaders in our towns and
Traditionalists 0.8% neighborhoods. We can make a positive impact, work
(born before 1946)
to understand the LGBTQ+ community, and remove
discrimination. We have to do better.
While it may be easy to say, “You already know and
And the community needs you, our allies. Your support
love us,” the truth is that members of the LGBTQ+
is crucial not only during Pride Month, but throughout
community are, literally, everywhere. When roughly
the year, as well. The good news: our base of allies
10% of society is part of the community, it means that,
is growing! Nearly 20% of the LGBTQ+ Real Estate
at the very least, in your home or your four closest
Alliance’s more than 2,200 members are allies!
neighbors, there is likely an LGBTQ+ person. And that
doesn’t even count family, friends, and colleagues. Along with joining the Alliance and our Central
Maryland chapter, you can also participate in our next
So why does this community still face discrimination?
Alliance Certified Ally program for CE at Maryland
While real estate has been ahead of the curve with
REALTORS®’ Annual Conference this September. To
discrimination against sexual orientation and gender
find out more, please turn to page 18. You will learn so
identity through the enforcement of NAR’s Code of
much about
Ethics, concerns remain.
the community,
Despite findings in the LGBTQ+ Real Estate Report, including the
which shows that 72% of Alliance members believe their terms associ- Real estate
local real estate industry has placed increased empha- ated with the
sis on Diversity, Equity, and Inclusion (DEI)—this was LGBTQ+ acro- professionals are leaders
slightly higher than the 69% of Alliance members who nym and how in our towns and
felt that way about their own company—there is still far unconscious
too much discrimination against industry colleagues bias and blatant neighborhoods. We can
and LGBTQ+ consumers: discrimination make a positive impact,
■ Nearly 20% of respondents shared that they expe- impacts us.
rience high levels of unconscious bias within their
work to understand the
Thanks for
local real estate industry, almost double the 11% your support! LGBTQ+ community, and
who report similarly about their own company. Happy Pride! ■
remove discrimination.
■ While 68% of respondents reported that episodes
of blatant discrimination against them and other
LGBTQ+ colleagues within their company were
extremely rare or nonexistent, only 40% shared
similar sentiments about their local real estate Nico Makuch is President of the LGBTQ+ Real Estate Alliance Central
industry. Maryland Chapter. If you’d like to be an Ally of the Alliance, please
visit realestatealliance.org.
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 17You’re Invited to Make Some Waves!
The 2022 Maryland REALTORS® Annual Conference
Returns to Ocean City
It. Is. On. The first 250 members who register and pay for the
conference, will be eligible to receive $100 off their
The Maryland REALTORS® 2022 Annual Conference,
second night’s stay at the Ocean City Fontainebleau
Making Waves: Engaging the Future, will be held
Resort, the Host Hotel. Members will be responsible for
September 21-23, 2022, in Ocean City, Maryland, at
all other taxes and room charges. To make your reserva-
the Ocean City Fontainebleau Resort. With a registra-
tion, call the hotel directly at (410) 524 3535. This offer
tion fee (for members) of only $199, you can expect a
is available to the first 250 members only. Members
lot, including:
will receive an email confirmation about the discount
■ Programming for New Licensees, Seasoned after the close of the Early Bird offer.
Agents, and Brokers and Managers, along with
special programming for Real Estate Trends, We Have CE!
Money Matters, and Social Media
Maryland REALTORS® will offer CE on Wednesday and
■ CE Opportunities with classes you won’t find Friday. Please be advised that days and times are
anywhere else subject to change.
■ Outstanding Keynote presentations LGBTQ+ Real Estate Alliance
■ Special Election Year Programming will offer a 2-hour CE Course,
Certified Ally Program. The CE is included in the price
■ Unforgettable Events, including an Opening Night
of the conference. Certification will be available for a
Celebration featuring the music of the Perfekt
fee directly through the LGBTQ+ Real Estate Alliance.
Blend Band on Wednesday, and a Resort Pub
Additional information can be found at realestateal-
Crawl happening throughout the Host Hotel
liance.org/education/.
on Thursday.
Maryland REALTORS® has created
the Maryland Property Management
Special Early Bird Opportunity Certification program. This six-hour course
As of this writing, more than 150 members have already will be offered for the first time.
taken advantage of a very special Early Bird offer. It is
limited to the first 250 members who register, and after Maryland REALTORS®
that, this special offer is GONE. will offer a 2-hour Fair Housing
Refresher Course as well.
18 MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.orgA Growing Line-Up of Amazing Speakers
Maryland REALTORS® welcomes not one, but two We will close out our conference on
Keynote speakers to inspire your professional best in Friday with a Keynote from Kevin Brown.
the work you do. Kevin’s unconventional path to business
and personal success has taught him that
On Thursday, we welcome Molly
winning in business and in life requires
Fletcher. Too many leaders, teams, and
anything but conventional thinking. Kevin understands
organizations seem to be … stuck.
what drives organizational excellence and customer
Instead of achieving greatness, they
loyalty. He knows first-hand how great brands think,
remain stagnant, failing to reach their
feel, and act, and as a branding and culture expert for
potential. That’s where Molly Fletcher comes in.
the past 30 years, he has created a work philosophy
Molly will share the unconventional techniques that that Kevin calls The HERO Effect®, a simple philosophy
helped her thrive as one of the first female sports that separates world-class organizations and high-
agents in the high stakes, big ego world of professional performance people from everybody else. Kevin is
sports. Molly spent two decades as one of the world’s passionate about helping people expand their vision,
only female sports agents, hailed as the “female Jerry develop their potential, and grow their results.
Maguire” by CNN.
Our growing and incomplete list of speakers include (as
of time of magazine publication):
Harrison Beacher Lisa Cameron, Anita Davis, Melanie Gamble, Danielle Hale,
Close 50 Buyers— Panelist Panelist Moderator Chief Economist
Acing the Buyers Best Practices for the Best Practices for the What’s Up With for Realtor.com
Consultation Professional Agent Professional Agent Appraisals? Looking Ahead at the
2023 Economy
Linda Harned Chuck Ireland, Brenda Kasuva, Martha Liriano Lynn Madison,
How to Create a Accountant Diversity in Housing Establishing a Lynn Madison Seminars
Productive Office Tax Strategies Capturing Business Work/Life Balance Organizing Yourself
with 100% Retention for REALTORS® from a Wider Net for Profit
Shar McBee, Yolanda Muckle, Tim Murphy, Bill Saunders Leisal Taylor
Author and Speaker Maryland REALTORS® Panelist Build and Influence How to Successfully
Stretch Your Body & President-Elect What’s Up With Your Brand Build a Team
Mind—Yoga Principles Best Practices for the Appraisals?
of Leadership Professional Agent
MARYLAND REALTOR® JUN/JUL 2022 | mdrealtor.org 19You can also read
