In the past year, MVLS was honored to be selected by longtime supporter Peter Holland from The Holland Law Firm as a recipient of a significant cy pres award stemming from the class action case Simmons v. Maryland Management, LLC. This landmark legal battle addressed the predatory practice by some landlords who sued former tenants for alleged lease violations—sometimes more than 12 years after the lease had ended. This approach not only caught individuals off guard but left them defenseless, often without any documents or memory of the apartment in question. The case was based on the 2022 Maryland Supreme Court decision in Smith v. Wakefield, which definitively limited lease violation claims to a three-year statute of limitations.
MVLS had a unique vantage point on this issue through its Consumer Protection Project (CPP) district courthouse clinics. Staff and volunteers frequently encountered individuals who were being sued more than a decade after moving out of an apartment. These people, often with limited means and no legal representation, were suddenly being dragged into court over decade long disputes. In many cases, they hadn’t saved documents from 10 or 12 years ago. If the landlords prevailed in court, they could garnish wages or seize assets—causing further harm and hardship. Recognizing the deep injustice of this, MVLS shared client stories and insights with Peter Holland. He understood the gravity and acted swiftly.
Together with co-counsel Scott Borison of The Borison Firm and Phillip Robinson of The Consumer Law Center, Holland built and won the case. The results were groundbreaking: more than $3.7 million in court judgments were removed, many affected tenants received refunds, and a wave of pending lawsuits against renters was dropped. Over 1,000 Maryland tenants were shielded from financial harm, many of whom would have otherwise faced long-term consequences on their credit, housing eligibility, and financial well-being.
MVLS is immensely proud to have contributed to this outcome and grateful for the resulting cy pres contribution, which directly supports our mission to remove barriers to justice by offering free civil legal help, engaging with communities, and pushing for more equitable laws across Maryland. Cy pres awards like this one are particularly valuable for nonprofit organizations because they often support general operating costs, which are among the most difficult types of funding to secure. These funds allow MVLS to be flexible, responsive, and strategic in how we serve Marylanders in need.
Maryland Volunteer Lawyers Service (MVLS) is deeply grateful to have received several cy pres awards over the past 45 years. These special awards, often granted in class action lawsuits, redirect unclaimed or undistributable settlement funds to nonprofit organizations aligned with the case’s purpose. For MVLS, cy pres awards have been instrumental in enabling us to invest in our core programs and significantly expand our impact across Maryland.
Attorneys can play a powerful role in helping organizations like MVLS continue this work by recommending us as a recipient for cy pres awards or Chapter 11 Bankruptcy Unclaimed Funds. It’s an easy but impactful step that directly benefits those who are underserved in the legal system. For more information, including sample recommendation language, please visit the MVLS website at mvlslaw.org or contact Todd Troester, MVLS Development Director, at ttroester@mvlslaw.org or 443-451-4065.