MD SB489

Creates a new misdemeanor offense for possessing or claiming a right to possess residential real property without lawful ownership, with intent to defraud another

First violation punishable by up to 90 days imprisonment and/or $500 fine; second violation within 2 years carries up to 6 months and/or $1,000 fine; subsequent violations within 2 years carry up to 1 year and/or $2,500 fine

Property owners may submit a sworn affidavit to the county sheriff stating a person is fraudulently in possession, and the sheriff must remove that person and return possession to the owner

Sheriff removal does not apply if the occupant has a court order granting possession, a remedy exists under Title 8 of the Real Property Article, or the occupant produces evidence of lawful possession to law enforcement

Effective October 1, 2025