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Village Green Mutual Homes, Inc. v. Delores Randolph No. 11, September Term, 2000 Headnote: Generally, the relationship between a housing cooperative and its membership is that of landlord-tenant. Generally, a member in a cooperative holds a leasehold, rather than a fee simple interest in a unit he or she occupies. Additionally, in the case at bar, the Occupancy Agreement between the parties expressly created a landlord-tenant relationship. Accordingly, the District Court's dismissal for lack of subject matter jurisdiction of Village Green's complaint and the circuit court's subsequent affirmance of that decision constituted error. Reversed.

Circuit Court for Prince George's County Case # CAL 99-17694

IN THE COURT OF APPEALS OF MARYLAND No. 11 September Term, 2000

VILLAGE GREEN MUTUAL HOMES, INC.

v.

DELORES RANDOLPH

Bell, C. J. Eldridge Rodowsky Raker Wilner Cathell Harrell, JJ.

Opinion by Cathell, J.

Filed:

October 11, 2000

Petitioner, Village Green Mutual Homes, Inc. (Village Green), sought certiorari for review of an order of the Circuit Court for Prince George's County affirming a District Court dismissal of petitioner's claim for an "Order of Restitution of the possession of the leased premises" against respondent, Ms. Delores E. Randolph. The case originated in the District Court of Maryland, sitting in Prince George's County, which ruled that petitioner's Complaint and Summons against Tenant in Breach of Lease was improperly brought before the District Court. Ruling that the action did not involve a landlord-tenant matter, the District Court dismissed the case for lack of subject matter jurisdiction.1 The circuit court, in affirming the dismissal, agreed. We granted petitioner's writ of certiorari to answer one question: Are the landlord-tenant provisions set forth in Maryland's Real Property Article applicable to the Occupancy Agreement between Village Green, a housing cooperative, and its member, [Ms.] Randolph, where the Agreement states that thereunder the parties['] relationship is that of landlord and tenant? We answer this question in the affirmative. Accordingly, we reverse the decision of the Circuit Court for Prince George's County and remand the case to that court with instructions to reverse the judgment of the District Court of Maryland, Prince George's County, and to remand the case to that court for trial. I. Facts & Background Village Green is a non-stock, cooperative housing corporation whose tenants are members of the

Maryland Code (1973, 1998 Repl. Vol., 2000 Cum. Supp.), section 4-401(4) of the Courts and Judicial Proceedings Article states that "the District Court has exclusive original civil jurisdiction in . . . [a]n action involving landlord and tenant . . . regardless of the amount involved." Both the District and Circuit Court ruled (and the respondent contends) that a landlord-tenant relationship does not exist between the parties and, therefore, found that the action was in the nature of a foreclosure proceeding (an equity action) rather than a landlord-tenant action. Maryland Code (1973, 1998 Repl. Vol., 2000 Cum. Supp.), section 4-402(a) of the Courts and Judicial Proceedings Article states that "[e]xcept as provided in

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Maryland Law