Silverman Thompson Successfully Advocates on Behalf of Residential Landlords in Maryland’s Highest Court

Silverman Thompson attorneys Avery Barton Strachan and Kerri L. Smith drafted a Brief in Amicus Curiae on behalf of Maryland Multi-Housing Association, Inc. (MMHA), a leading organization for residential housing providers in Maryland.

In Pettiford v. Next Generation Trust Service (No. 34, Sept. Term 2019), the Court of Appeals was tasked with deciding whether the Court’s prior holding in McDaniel v. Baranowski, 419 Md. 560 (2011), should be extended to require residential landlords in Baltimore City to affirmatively plead that they possess a use and occupancy permit before utilizing summary ejectment procedures (rent court).

Before deciding this case, the Court invited MMHA to submit a brief on this issue. On behalf of MMHA, Ms. Strachan and Ms. Smith argued that if the Court extended McDaniel it would needlessly impose an onerous burden on residential landlords who seek to file Nonpayment of Rent actions in Baltimore City without any resulting public health or safety benefit.

On March 26, 2020, the Court issued its Opinion, holding that it would not extend McDaniel to apply to use and occupancy permits, adopting the reasoning set forth in the MMHA Brief of Amicus Curiae written by Silverman Thompson attorneys.