Government Shutdown - Protections for Employees
Employees of the federal government, Maryland State government, and a local government in Maryland have certain protections during a government shutdown where the employee is involuntarily furloughed from work. These protections apply even if the employee is required to report to work during the furlough.
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Public Utilities
A public service company cannot terminate electric or gas service to an eligible residential customer for nonpayment on a day that a government shutdown is in effect and for 7 days after the shutdown has ended IF:
- the customer contacts the public service company before the date of termination to provide verification that the customer is an employee of the federal government, Maryland State government, or a local government in Maryland affected by the government shutdown; AND
- the customer enters into a payment plan to pay the outstanding amounts due on the customer’s account after the government shutdown ends.
In the context of protecting employees during a government shutdown, an “eligible residential customer" is a residential electric or gas customer who is an employee of the federal government, Maryland State government, or a local government in Maryland. In addition, to be an eligible residential customer, the individual has to be involuntarily furloughed from work without pay because of a government shutdown (regardless of whether the employee is required to report to work during the furlough).
“Government shutdown” means a government shutdown that occurs when government funding is unavailable to operate government activities due to a lack of legislative appropriation or continuing resolutions AND lasts for a period exceeding 7 consecutive days.
Read the Law: Md. Code, Public Utilities 7-307.4
Repossession of Residential Rental Property for Failure to Pay Rent
During a government shutdown, a court must stay a proceeding for repossession of residential rental property for failure to pay rent if the defendant provides certain evidence that is satisfactory to the court. This applies only to a residential property. A stay of proceeding means that the proceeding is suspended.
The tenant or an occupant of the property that is the subject of the proceeding must provide evidence satisfactory to the court that the tenant/occupant:
- Uses the property as the individual’s primary residence; AND
- Is an employee of the federal government, Maryland State government local government in Maryland; AND
- Is involuntarily furloughed from work without pay because of the government shutdown (regardless of whether the employee is required to report to work during the furlough).
The court’s stay is for a period of time that the court considers reasonable, but the stay cannot be granted for a period that ends more than 30 days after the end of the government shutdown without a sufficient showing of cause by a party to the case.
Read the Law: Md. Code, Real Property 8-401(d)(1)
Foreclosure
During a government shutdown, a court must stay a foreclosure proceeding if the defendant provides certain evidence that is satisfactory to the court. A stay of proceeding means that the foreclosure proceeding is suspended.
This applies only to an owner-occupied residential property. An owner-occupied residential property means residential property in which at least one unit is occupied by an individual who has an ownership interest in the property AND uses the property as the individual’s primary residence.
The defendant must provide evidence satisfactory to the court that the defendant is an employee of the federal government, Maryland State government, or a local government in Maryland, AND that the employee is involuntarily furloughed from work without pay because of the government shutdown. This is regardless of whether the employee is required to report to work during the furlough.
The court’s stay is for a period of time that the court considers reasonable, but the stay cannot be granted for a period that ends more than 30 days after the end of the government shutdown without a sufficient showing of cause by a party to the foreclosure.
Read the Law: Md. Code, Real Property 7-105.1(b-1)