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CITARAMANIS v. HALLOWELL

No. 120, September Term, 1991.

328 Md. 142 (1992)

613 A.2d 964

TAMMY CITARAMANIS ET VIR. v. EUSTACE HALLOWELL ET UX.

Court of Appeals of Maryland.

October 14, 1992.

Attorney(s) appearing for the Case

Mary Beth McNamara, Columbia, for petitioners/cross respondents.

Janet E. LaBella, Annapolis, as amicus curiae (Charles H. Dorsey, Jr., Stuart R. Cohen, Barbara A. Samuels, Baltimore, Mary Helen McNeal, Towson), for Legal Aid Bureau, Inc.

Daniel H. Scherr (Beth A. Jackson, Reese and Carney, all on brief), Columbia, for respondents/cross petitioners.

Alvin C. Monshower, Jr., Michael L. Jennings, Richard L. Miller, McGuire, Woods, Battle & Boothe, Baltimore, amicus curiae, for The Maryland Ass'n of Realtors, Inc.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

KARWACKI, Judge.

This case presents two important questions for our consideration: (1) whether in a private action under the Maryland Consumer Protection Act, a tenant may obtain restitution of rent paid for premises that are not licensed as required by a local housing code upon proof of no more than lack of licensure; and (2) whether a tenant is entitled to restitution of voluntary rent payments made on an unenforceable lease.

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