In this subtitle, the following terms have the meanings indicated.
“Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.
“Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>.
“Multiple-family dwelling” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>.
“Non-owner-occupied dwelling unit” means any:dwelling unit that is unoccupied;
dwelling unit that, even if occupied, is not occupied by an owner of record; or
dwelling unit that, even if occupied, is not designated by the State Department of Assessments and Taxation as the owner’s principal residence in accordance with the criteria governing the State Homestead Tax Credit.
For purposes of this definition:an owner may only have one owner-occupied dwelling unit in Baltimore City; and
an owner-occupied unit must be titled to a natural person.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|13|§4-17">§ 4-17 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity.
“Rooming house” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>.
“Rooming unit” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>.
“Vacant structure” means any structure that is subject to an unabated violation notice issued under § 116 {“Unsafe Structures”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>.
“Vacant structure” does not include an accessory structure that is not intended for occupancy, such as a garage, shed, or storage building.
Ord. 02-475
Ord. 05-170
Ord. 10-342
Ord. 10-372
Ord. 13-093
Ord. 17-068
Ord. 18-130
Ord. 19-332
Ord. 20-428
Ord. 22-124
Ord. 22-125
This subtitle applies to:
every non-owner-occupied dwelling unit, whether or not it is occupied, fit for human habitation, or revenue producing;
every vacant structure, whether it is a residential structure, a non-residential structure, or other; and
every rooming house.
Ord. 02-475
Ord. 10-342
Ord. 10-372
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner may adopt rules and regulations to carry out this subtitle.
Ord. 02-475
Text Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
The owner of any non-owner-occupied dwelling unit or of any rooming house must file an annual registration statement for that unit or rooming house with the Commissioner.
The owner of any vacant structure must file an annual registration statement for that structure with the Commissioner.
A new owner of a non-owner-occupied dwelling unit or of a rooming house must file the registration statement within 10 days of acquiring title to the unit or rooming house.
If the previous owner had registered the unit or rooming house and paid the applicable registration fee for the current registration period, the new owner need not pay any registration fee for that registration period.
The owner of a vacant structure, whether or not previously registered as a non-owner-occupied dwelling unit or as a rooming house, must file a new registration statement and pay the fee applicable to vacant structures, within 10 days of the property’s becoming a vacant structure.
Ord. 02-475
Ord. 05-170
Ord. 10-342
Ord. 10-372
Each registration statement must be in the form that the Commissioner requires and contain the following information:a description of the premises by street number or by block-and-lot;
the name, street address, telephone number, and email address of the premises’ owner of record;
the name, street address, telephone number, and email address of the premises’ managing operator, if other than the owner; and
if the owner is a corporation, partnership, limited partnership, limited liability company, or similar entity, the name, street address, telephone number, and email address of a natural person who serves as the owner’s chief executive officer, managing partner, or managing member, or in a similarly authoritative position.
The Commissioner must be notified within 10 days of any change in the identity of or contact information for the owner of record or any other person listed in the registration statement.
Ord. 02-475
Ord. 10-342
Ord. 18-130
Except as otherwise specified in this section, an annual registration fee must be paid for rooming houses at the rate of $25 per rooming unit.
For any rooming house that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of <cite data-path="|13">this article</cite> to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14">City Charter Article I, § 14</cite> {“Affordable Housing Trust Fund”}.
Except as otherwise specified in this section, an annual registration fee must be paid for non-owner-occupied dwelling units at the following rates:
<table class="layout-table">
<tbody>
<tr>
<td>
<p class="text-indent-3">(1) for properties with 1 and 2 dwelling units –</p>
</td>
<td>
<p>$30 per dwelling unit.</p>
</td>
</tr>
<tr>
<td>
<p class="text-indent-3">(2) for multiple-family dwellings –</p>
</td>
<td>
<p>$35 per dwelling unit,<br/> plus $25 per rooming unit.</p>
</td>
</tr>
</tbody>
</table>
For any dwelling that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of <cite data-path="|13">this article</cite> to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per dwelling or rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14">City Charter Article I, § 14</cite> {“Affordable Housing Trust Fund”}.
Except as otherwise specified in this section, an annual registration fee, in addition to any fee that might also be required by subsection (a) or (b) of this section, must be paid for vacant structures at the following rates:
<table class="layout-table">
<tbody>
<tr>
<td>
<p class="text-indent-2">(1) for residential structures –</p>
</td>
<td>
<p>$100 per structure.</p>
</td>
</tr>
<tr>
<td>
<p class="text-indent-2">(2) for all other structures –</p>
</td>
<td>
<p>$250 per structure.</p>
</td>
</tr>
</tbody>
</table>
These fees must all be paid at the time of registration.
No fee is charged for:any dwelling unit, rooming house, or vacant structure that is owned by a governmental entity or an instrumentality or unit of a governmental entity; or
any dwelling unit that is not in a vacant structure and is owned by a nonprofit religious, charitable, or educational institution or organization.
Ord. 02-475
Ord. 10-342
Ord. 10-372
Ord. 18-130
Ord. 19-332
A registration expires on December 31 of each year, unless it is renewed and the annual registration fee paid before then.
Ord. 02-475
Ord. 18-130
If a person fails to pay the registration fee imposed by this subtitle within 30 days of the date on which it is due, the person is liable for the following, in addition to the registration fee:interest at the rate of 1% for each month or fraction of a month that the registration fee is overdue; and
a late fee at the rate of 1% for each month or fraction of a month that the registration fee is overdue.
All registration fees, interest, and late fees provided for in this section are a personal debt owed by the owner of the property.
These fees and interest:are a lien on the property in favor of the Mayor and City Council of Baltimore; and
may be collected or enforced the same as any other debts or liens due to or in favor of the Mayor and City Council of Baltimore.
Ord. 02-475
Ord. 04-832
Ord. 10-372
The Department of Housing and Community Development shall affix, in a position that is conspicuous and visible from the street or road fronting the property, a sign containing:the information set forth in <cite data-path="|13|§4-6|(a)">§ 4-6(a) {“Registration statement: Form and contents”} of this subtitle</cite>; or
at a minimum, information on how to access the information set forth in <cite data-path="|13|§4-6|(a)">§ 4-6(a) {“Registration statement: Form and contents”} of this subtitle</cite>.
The sign required by subsection (a) of this section must be posted within 10 days of registering the vacant structure with the Commissioner under <cite data-path="|13|§4-5">§ 4-5 {“Registration required”} of this subtitle</cite>.
In addition to the requirements set forth in subsection (a) of this section, if the property is in default or in foreclosure, the sign required by this section must also include the name, address, and telephone number of any creditors or lien holders.
A sign required by this section must be:impervious to weather conditions;
legibly written in a font size of not less than 18 points; and
no smaller than 8 ½ inches by 11 inches in size.
Ord. 20-428
On or before June 30 of each year, the Commissioner shall submit an annual report to the Mayor and City Council detailing compliance with this subtitle, including:
the number of properties registered under <cite data-path="|13|§4-5">§ 4-5 {“Registration required”} of this subtitle</cite>; and
the number of signs that the Department of Housing and Community Development has posted on vacant structures as required by <cite data-path="|13|§4-12">§ 4-12 {“Vacant structures: Posting ownership information”} of this subtitle</cite>.
Ord. 20-428
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Ord. 07-424
Ord. 18-130
Ord. 20-428
Any person who violates a provision of this subtitle or of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
Each day that a violation continues is a separate offense.
Ord. 02-475
Ord. 18-130
Ord. 20-428
In this subtitle, the following terms have the meanings indicated.
“Dwelling unit” has the meaning stated in § 202.2 of the <cite data-path="|codes|VII">Property Maintenance Code</cite> of Baltimore City.
“Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.
“Multiple-family dwelling” has the meaning stated in § 202.2 of the <cite data-path="|codes|VII">Property Maintenance Code</cite> of Baltimore City.
“Non-owner-occupied dwelling unit” has the meaning stated in <cite data-path="|13|§4-1">§ 4-1 of this article</cite>.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|general|5|2|5-21">§ 5-21 {“Penalties”}</cite> of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity.
“Priority dwelling” means a rental dwelling:with 20 or more dwelling units or rooming units; and
to which 2 or more of the following criteria applied in the preceding calendar year:the rental dwelling was issued a violation notice under the Building, Fire, and Related Codes article relating to interior conditions that remained unabated for more than 90 days;
the rental dwelling was issued four or more violation notices under the Building, Fire, and Related Codes article relating to interior conditions; and
the number of recorded 311 calls related to health and habitability for a rental dwelling , which may not include requests to summon law enforcement or emergency services as prohibited under § 14-126 of the State Real Property Article, divided by the total number of dwelling and rooming units in that rental dwelling, exceeds the applicable minimum value in the table below; and
<table>
<thead>
<tr>
<th>Total Number of Units</th>
<th>Minimum Value</th>
</tr>
</thead>
<tbody>
<tr>
<td>20 - 35</td>
<td>0.8</td>
</tr>
<tr>
<td>36 - 50</td>
<td>0.7</td>
</tr>
<tr>
<td>51 - 75</td>
<td>0.6</td>
</tr>
<tr>
<td>76 - 100</td>
<td>0.5</td>
</tr>
<tr>
<td>101 - 125</td>
<td>0.4</td>
</tr>
<tr>
<td>126 - 150</td>
<td>0.3</td>
</tr>
<tr>
<td>151+</td>
<td>0.2</td>
</tr>
</tbody>
</table>
the rental dwelling’s U.S. Department of Housing and Urban Development (HUD) National Standards for the Physical Inspection of Real Estate (NSPIRE) inspection score for either of the 2 most recent NSPIRE inspections was less than or equal to 79.
This definition does not include any rental dwellings owned and operated by the Housing Authority of Baltimore City.
“Priority inspection” means:the physical inspection of a priority dwelling conducted by an inspector employed by the Department of Housing and Community Development; and
the inspector’s written evaluation of the rental dwelling’s compliance with the City’s health and safety standards specified in the rules and regulations adopted by the Commissioner under this subtitle.
“Rental dwelling” means:any multiple-family dwelling;
any rooming house;
any supportive housing facility; and
any non-owner-occupied dwelling unit in a 1- or 2-family dwelling that is leased or rented or offered or available for lease or rental in exchange for any form of consideration.
“Rooming house” has the meaning stated in § 202.2 of the <cite data-path="|codes|VII">Property Maintenance Code</cite> of Baltimore City.
“Rooming unit” has the meaning stated in § 202.2 of the <cite data-path="|codes|VII">Property Maintenance Code</cite> of Baltimore City.
“Supportive housing facility” has the meaning stated in § 202.2.56 of the Baltimore City <cite data-path="|codes|II">Building Code</cite>.
Ord. 02-475
Ord. 10-342
Ord. 18-130
Ord. 22-125
Ord. 24-298
Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”}</cite> of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner may adopt rules and regulations to carry out this subtitle.
Ord. 02-475
Ord. 18-130
Text Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Except as provided in subsection (b) of this section, no person may:rent or offer to rent to another all or any part of any rental dwelling without a currently effective license to do so from the Housing Commissioner; or
charge, accept, retain, or seek to collect any rental payment or other compensation for providing to another the occupancy of all or any part of any rental dwelling unless the person was licensed under this subtitle at both the time of offering to provide and the time of providing this occupancy.
A license is not required under this subtitle for any rental dwelling that is owned and operated by the Housing Authority of Baltimore City.
When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the record owner or the managing operator, if other than the record owner, to post a notice in the rental dwelling in an area accessible to all occupants.
The notice required in paragraph (1) of this subsection shall include:a description of the duties and obligations of the record owner and managing operator of the rental dwelling regarding compliance with this subtitle;
the civil citations and criminal penalties that may arise under §§ <cite data-path="13|§5-25">5-25</cite> and <cite data-path="13|§5-26">5-26</cite> of this subtitle;
a statement that each day the violation continues is a separate offense; and
any additional information the Commissioner deems necessary to include.
The notice must remain posted for at least 90 days or until the building is licensed, whichever is longer.
When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the Housing Authority of Baltimore City, including any information the Commissioner deems necessary.
Ord. 02-475
Ord. 18-130
The application for a new or renewal rental dwelling license must be made in the form and contain the information and documentation that the Housing Commissioner requires.
The application must be made and signed by:the record owner of the premises; and
the managing operator of the premises, if other than the record owner.
To renew a license issued under this subtitle, an application for renewal must be submitted to the Commissioner no more than 120 days before the license expires.
Each application for a new or renewed license, must contain the following information:a description of the premises by street number and by block-and-lot numbers;
the name, street address, telephone number, and email address of the rental dwelling’s record owner;
the name, street address, telephone number, and email address of the rental dwelling’s managing operator, if other than the record owner; and
any other information requested by the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee.
Ord. 02-475
Ord. 18-130
A rental dwelling license may be issued or renewed under this subtitle only if:
all dwelling units and rooming units are currently registered as required by <cite data-path="|13|4">Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures”}</cite> of <cite data-path="|13">this article</cite>;
all registration fees for these units and all related interest and late fees required by <cite data-path="|13|4">Subtitle 4</cite> have been paid;
the premises have passed an inspection, as required by <cite data-path="|13|§5-7">§ 5-7 {“Prerequisites ... – Inspection”}</cite> or <cite data-path="|13|§5-10">§ 5-10 {“Priority inspections”}</cite> of this subtitle;
the premises are in compliance with all Federal, State, and City laws and regulations governing lead paint;
for premises that include a hotel or motel subject to City Code <cite data-path="|15">Article 15 {“Licensing and Regulation”}</cite>, <cite data-path="|15|10">Subtitle 10 {“Hotels”}</cite>, the hotel or motel is in compliance with the training, certification, and posting requirements of that subtitle; and
the premises are not subject to any violation notice or order that:has been issued under the <cite data-path="|codes">Baltimore City Building, Fire, and Related Codes Article</cite>; and
notwithstanding the passage of more than 90 days since its issuance, has not been abated before the license issuance or renewal.
Ord. 02-475
Ord. 10-342
Ord. 13-093
Ord. 15-353
Ord. 18-130
Ord. 19-332
Chapter 494 {“Balcony Railing Inspections (Jonathon’s Law)”}, Acts of 2014, amended <cite data-doc="Md. Code" data-path="gps|12-203">State Public Safety Article § 12-203 </cite>{“Minimum Livability Code”} to also require special inspections of balcony railings. Specifically, new subsection (f)(4) provides
(i)
In this paragraph, “multiple–family dwelling” has the meaning stated in <cite data-path="|13|§5-1">Article 13, § 5-1</cite> of the Baltimore City Code.
(iii)
Baltimore City may not issue or renew a multiple–family dwelling license unless the applicant demonstrates that a professional inspector <em>{as defined in <cite data-doc="Md. Code" data-path="gps|12-203">Public Safety Article § 12-203(a)(4)</cite>}</em> has completed an inspection of the multiple–family dwelling to ensure that each balcony railing in the multiple–family dwelling meets the requirements of the Building, Fire, and Related Codes of Baltimore City.
(iv)
Beginning in October 2015, and every 5 years thereafter, at the time that Baltimore City sends a renewal notice to a holder of a multiple–family dwelling license, Baltimore City shall notify the license holder of the inspection requirement under subparagraph (iii) of this paragraph.
The inspection required by <cite data-path="13|§5-6">§ 5-6 {“Prerequisites ... – In general”}</cite> of this subtitle must comply with either:subsection (b) {“Third-party home inspections”} of this section;
subsection (c) {“Governmental agency inspections”} of this section; or
<cite data-path="|13|§5-10">§ 5-10 {“Priority inspections”}</cite> of this subtitle.
In this subsection, the following terms have the meanings indicated.
“Home inspection” means a home inspector’s written evaluation of a rental dwelling’s compliance with the City’s health and safety standards specified in the Housing Commissioner’s rules and regulations adopted under this subtitle.
“Home inspector” means an individual:who is licensed as a home inspector under Title 16, Subtitle 3A of the State Business Occupation and Professions Article; and
who, as required by the rules and regulations adopted under this subtitle:has registered with the Housing Commissioner as generally available to inspect and certify rental dwellings under this subsection;
has, as specified by the rules and regulations adopted under this subtitle, submitted to the Commissioner a conflict-of-interest statement; and
for each home inspection to be performed under this subsection, certifies that neither the home inspector nor any owner, partner, director, officer, employee, or agent of the home inspector or of the home inspector’s business has any financial interest in:the rental dwelling to be inspected;
the record owner or operator of that rental dwelling; or
any owner, partner, director, officer, employee, or agent of the rental dwelling’s record owner or operator.
Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant’s expense, contract with a home inspector to perform a home inspection under this section.
Inspections may not be performed more than 90 days before a person submits an application for a rental dwelling license or an application for renewal of a rental dwelling license to the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee.
For any rental dwelling that comprises 9 or fewer dwelling or rooming units, all dwelling and rooming units must be inspected under this subsection.
For any multiple-family dwelling or rooming house that comprises 10 or more dwelling or rooming units, the number of units that must be inspected are as determined in the rules and regulations adopted under this subtitle.
After the home inspection, the home inspector must issue to the applicant:a written report of every inspection conducted under this section; and
if the rental dwelling meets the City’s health and safety standards specified in the rules and regulations adopted under this subtitle, a certificate of satisfactory compliance with those standards.
The reports and the certification must be:in the form required by the Commissioner; and
signed by the home inspector, under oath and under the home inspector’s seal.
This subsection applies to any rental dwelling unit that is required to undergo periodic inspections conducted by a governmental agency in accordance with Federal or State inspection standards.
For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {“Third-party home inspections”} of this section, submit evidence satisfactory to the Housing Commissioner that the unit has passed the most recent periodic inspection by the applicable governmental agency.
The Commissioner shall conduct an annual audit of inspections conducted under this section.
This section does not in any way prevent or limit the authority of the Housing Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the <cite data-path="|codes">City Building, Fire, and Related Codes Article</cite>.
Inspection reports used to satisfy <cite data-path="13|§5-6">§ 5-6 {“Prerequisites . . . – In general”}</cite> of this subtitle must be distributed by the record owner or, the managing operator, if other than the record owner, to each resident of the rental dwelling for which a person is applying for a new or renewed rental license at the time the application for a new or renewed license is submitted.
Ord. 18-130
Ord. 02-475
Ord. 10-342
Ord. 18-130
Each rental dwelling license and rental dwelling renewal license issued under this subtitle expires 2 years from the date of issuance.
Ord. 02-475
Ord. 18-130
A Department of Housing and Community Development inspector shall conduct priority inspections of at least 25 priority dwellings each inspection year.
In this subsection, the term “inspection year” means the calendar year.
Based on data from the previous inspection year, the Department of Housing and Community Development shall identify all priority dwellings in the City by January 31<sup>st</sup> of each inspection year.
Upon identifying a priority dwelling, the Department of Housing and Community Development must notify the record owner and, if one exists, the managing operator, of the following:the factors that are used to identify rental dwellings as priority dwellings; and;
that, because the dwelling is identified as a priority dwelling, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in <cite data-path="1|§40-14|(e)">Article 1, § 40-14(e) {“Provisions and penalties enumerated”}</cite> is identified.
During each inspection year, at least 2 priority inspections must be conducted:at least 4 months apart; and
between the months of February and November.
A Department of Housing and Community Development inspector shall attempt to inspect at least a certain percentage of the total dwelling and rooming units in the priority dwelling, as provided for in the table below.
<table>
<thead>
<tr>
<th>Total Number of Units</th>
<th>minimum Percentage of Total Units</th>
</tr>
</thead>
<tbody>
<tr>
<td>20 - 35</td>
<td>40%</td>
</tr>
<tr>
<td>36 - 50</td>
<td>35%</td>
</tr>
<tr>
<td>51 - 75</td>
<td>30%</td>
</tr>
<tr>
<td>76 - 100</td>
<td>25%</td>
</tr>
<tr>
<td>101 - 125</td>
<td>20%</td>
</tr>
<tr>
<td>126 - 150</td>
<td>15%</td>
</tr>
<tr>
<td>151, or more</td>
<td>10%</td>
</tr>
</tbody>
</table>
A Department of Housing and Community Development inspector shall record for each unit if the inspection was either 'attempted’ or 'completed’.
The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall notify the record owner and the managing operator of a priority dwelling that:the record owner and the managing operator shall attend a meeting at a time and place determined by the Commissioner or the Commissioner’s designee to:discuss unresolved violation notices, complaints, and property maintenance;
establish a schedule for the record owner and the managing operator to abate all unresolved violation notices;
establish a schedule for regular property maintenance to prevent future violations; and
any other matters deemed appropriate by the Commissioner or the Commissioner’s designee; and
failure to attend the meeting described in paragraph (1) shall result in:the denial of an application for a rental dwelling license;
the denial of an application for a renewal rental dwelling license; or
the revocation of a rental dwelling license.
The record owner or managing operator of a priority dwelling shall notify all tenants of the date and time of a priority inspection no fewer than 20 days prior to the date of the priority inspection.
The record owner and the managing operator shall deliver to all tenants directions to submit an anonymous request that the Department of Housing and Community Development inspector inspect the tenant’s dwelling unit or rooming unit as part of the priority inspection.
The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall establish the form and content of the instructions delivered to tenants under subparagraph (i) of this paragraph.
The license issued under this subtitle must be prominently displayed:
for a multiple-family dwelling or rooming house, in the vestibule, lobby, or other public place on the premises; and
for a 1- or 2-family dwelling, in an area of each dwelling unit that is accessible to that unit’s occupants and to housing inspectors.
A license issued under this subtitle must be provided to:any prospective tenant who requests an application; and
all existing or future tenants at the time a rental dwelling lease agreement or renewal lease agreement is:offered;
executed; or
renewed.
Any material advertising a rental dwelling for rent covered by this subtitle must include the rental license number for the advertised rental dwelling.
Any material advertising a rental dwelling for rent that is covered by this subtitle may not include a rental license number that is, pursuant to this subtitle:expired;
suspended; or
revoked.
Notwithstanding anything contained in this section to the contrary, the record owner and managing operator, if any, of a newly constructed or renovated dwelling unit or rooming unit that does not yet have a rental dwelling license number shall include the following text in any lease agreement, advertising material, or other publicly facing document:
“This is a newly constructed or renovated dwelling unit and does not currently have a rental license. As soon as available, a rental license will be provided to all individuals as required by <cite data-path="13|II|5">Article 13, Subtitle 5 {“Licensing of Rental Dwellings”}</cite> of the Baltimore City Code.”.
Ord. 02-475
Ord. 18-130
The transfer of a rental license is prohibited under this subtitle.
A person shall apply for a new rental license according to the procedures established under <cite data-path="13|§5-5">§ 5-5 {“Application for new or renewal license”}</cite> of this subtitle within 60 days of assuming:record ownership of a rental dwelling; or
operation of a rental dwelling.
Ord. 02-475
Ord. 18-130
Notwithstanding any discontinuance, in whole or in part, of a multiple-family dwelling’s or a rooming house’s operations, a license issued under this subtitle is still required unless the Housing Commissioner has issued a permit reflecting a change of use for the property.
Ord. 02-475
Ord. 18-130
In this section, “nuisance property” means any property that is maintained or operated so as to cause or allow a nuisance of the sort described in any 1 or another of the following definitions:State Code <cite data-doc="Md. Code" data-path="grp|14-120">Real Property Article, § 14-120(a)(5) </cite>{defining “nuisance”};
City Code <cite data-path="|19|§43-1|(l)">Article 19, § 43-1(l) {defining “public nuisance”}</cite>;
City Code <cite data-path="|19|§43B-1|(b)">Article 19, § 43B-1(b) {defining “neighborhood nuisance”}</cite>; and
City Code <cite data-path="|19|§43B-1|(o)">Article 19, § 43B-1(o) {defining ”unruly social event”}</cite>.
Subject to the hearing provisions of <cite data-path="13|§5-16">§ 5-16</cite> of this subtitle, the Housing Commissioner may deny, suspend, or revoke a rental dwelling license or renewal license for any of the following causes:making any material false statement in an application for an initial or renewal license;
fraudulently or deceptively obtaining a rental dwelling license for oneself or for another;
fraudulently or deceptively using a rental dwelling license;
falsifying any inspection report or certificate;
refusal by a record owner or operator of a rental dwelling to allow the Commissioner to conduct a routine, spot, quality-control, proactive, or other inspection of the rental dwelling as authorized by this subtitle or the <cite data-path="|codes">City Building, Fire, and Related Codes Article</cite>;
failing to abate within 120 days of issuance any violation notice, order, or citation for violating any provision of the <cite data-path="|codes">City Building, Fire, and Related Codes Article</cite>, the City Health Article, or the Zoning Code of Baltimore City;
failing to abate any violation notice issued during a priority inspection within the time required;
failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; or
if the Housing Commissioner finds, or if the Fire Chief, Health Commissioner, or Police Commissioner certify to the Housing Commissioner, that:the record owner, operator, or lessee of a rental dwelling has failed to comply with any lawful notice, order, or citation to correct a violation that affects the health, safety, morals, or general welfare of the occupants of the property or of the general public; or
the record owner, operator, or lessee of a rental dwelling, or any agent of the owner or lessee:has allowed the premises to be used as a nuisance property; or
knew or should have known that the premises were being used as a nuisance property and failed to prevent them from being so used.
Ord. 02-475
Ord. 18-130
No license may be denied, suspended, or revoked unless the Housing Commissioner first gives the record owner, the managing operator, and the lessees of any dwelling or rooming unit to which the license applies:not less than 10 days notice in writing of the Commissioner’s intent to deny, suspend, or revoke the license; and
an opportunity to be heard as to why the license should not be denied, suspended, or revoked.
The Commissioner may deny, suspend, or revoke a license without prior notice and opportunity to be heard if, in the opinion of the Commissioner or the Fire Chief, Health Commissioner, or Police Commissioner, the health, safety, or welfare of the occupants or of the general public are in imminent danger.
Ord. 02-475
Ord. 18-130
The Commissioner may require a rental dwelling to be vacated within 24 hours if:
the property is being operated without a valid license; and
vacating the premises is necessary for the public health, safety, and welfare.
Ord. 02-475
Ord. 18-130
In this section, “reasonable accommodation” means affirmative steps that do not impose an undue financial hardship or a substantial burden.
No bylaw, rule, or regulation governing a rental dwelling, nor any action or inaction of the governing body or management of a rental dwelling, may:unreasonably impair any rights guaranteed by the Free-Exercise Clause of the First Amendment to the United States Constitution or by <cite data-path="|36">Article 36</cite> of the Maryland Declaration of Rights; or
prohibit or deny any reasonable accommodation for religious practices.
Ord. 07-529
Ord. 10-342
Ord. 18-130
The record owner or managing operator of every rental dwelling, other than a hotel or motel, must prepare, in the form and containing the information required by the Commissioner, a Sanitation Guide for the premises that provides notice to all occupants of the requirements and procedures for the separation, disposition, collection, and proper storage pending collection of mixed refuse, recyclable materials, yard waste, bulk trash, and all other forms of garbage, rubbish, waste, and trash.
A copy of the Sanitation Guide must be:provided to each dwelling unit on the premises; and
prominently posted within each common collection room, if any, on the premises.
Ord. 18-130
The Housing Commissioner shall make freely available for review on and download from the website of the Department of Housing and Community Development:
the license number and license status of any rental dwelling subject to this subtitle;
the following records relating to that rental dwelling:violation notices, orders, or citations issued by the Department of Housing and Community Development under <cite data-path="|13">this article</cite> or the <cite data-path="|codes">City Building, Fire, and Related Codes Article</cite>; and
the rental dwelling’s status as a priority dwelling for at least the past 5 years; and
notices of any denial, suspension, or revocation of the rental dwelling’s license; and
the following information:the address of the rental dwelling;
the name of the record owner of the rental dwelling;
the name of the managing operator of the rental dwelling;
phone numbers for both the record owner and the managing operator of the rental dwelling; and
email addresses for both the record owner and the managing operator of the rental dwelling.
Ord. 18-130
A person aggrieved by a decision of the Housing Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
The filing of a petition for judicial review does not stay the decision of the Commissioner.
However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
Ord. 18-130
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="1|40">Article 1, Subtitle 40 {“Environmental Control Board”}</cite> or a civil citation under City Code <cite data-path="1|41">Article 1, Subtitle 41 {“Civil Citations”}</cite>.
For priority dwellings, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in <cite data-path="1|§40-14|(e)">Article 1, § 40-14(e) {“Provisions and penalties enumerated”}</cite> is identified.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Each day that a violation continues is a separate offense.
Ord. 07-424
Ord. 18-130
Any person who violates any provision of this subtitle (including any offense listed in <cite data-path="|13|§5-15">§ 5-15 of this subtitle</cite> as potential cause for a denial, suspension, or revocation of a license) or any provision of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Each day that a violation continues is a separate offense.
Ord. 02-475
Ord. 07-529
Ord. 18-130
The Commissioner, the City’s Chief Data Officer, and any other City employee who maintains data pertaining to priority dwellings or priority inspections must collaborate to develop a system to track and analyze priority dwellings and priority inspections.
The Department of Housing and Community Development may use existing resources to track and analyze priority dwellings at the discretion of the Commissioner.
Not later than May 1 of each year, the Department of Housing and Community Development must submit an annual report for the previous calendar year to the Mayor and the City Council detailing:the number of priority dwellings;
the number of priority dwellings for which the Department of Housing and Community Development conducted 2 priority inspections;
the number of priority dwellings where at least 1 violation notice was issued during a priority inspection that was not abated within the allowable time;
the number of priority dwellings where at least 1citation was issued during a priority inspection;
the number of attempted priority inspections;
the number of rental licenses revoked under <cite data-path="13|§5-15|(b)|(6)">§ 5-15(b)(6)</cite> of this subtitle;
the number of rental licenses revoked under <cite data-path="13|§5-15|(b)|(7)">§ 5-15(b)(7)</cite> of this subtitle;
the total number of rental licenses revoked;
the number of completed priority inspections;
of the total number of priority inspections completed, the percentage of priority inspections that did not yield any violation notices or citations; and
any other information requested by the Mayor or by a Resolution of the City Council.
The annual report required under subsection (a) of this section must include a matrix identifying the following in aggregate for all licensed rental dwellings:the total number of 3-1-1 complaints;
the total number of notices issued by the Department of Housing and Community Development;
the total number of notices abated within 90 days;
the number of notices for which the Department of Housing and Community Development pursued legal action; and
the total number of citations issued.
The annual report required under subsection (a) of this section must include a matrix identifying the data required under subsection (b)(1) of this section for all licensed rental dwellings in aggregate, for each of the following categories:heating;
ventilation;
plumbing;
roof leaks;
rodents;
lead paint;
fire protections;
electrical systems;
water supply;
structural deficiencies;
insects;
elevators;
weatherproofing; and
appearance of mold
The annual report required under subsection (a) of this section must include a matrix identifying the following for all priority dwellings:the total number of 3-1-1 complaints;
the total number of notices issued by the Department of Housing and Community Development;
the total number of notices abated within 90 days;
the number of notices for which the Department of Housing and Community Development pursued legal action; and
the total number of citations issued.
The annual report required under subsection (a) of this section must, for all priority dwellings, include a matrix identifying the data required under subsection (b)(1) of this section for each of the following categories:heating;
ventilation;
plumbing;
roof leaks;
rodents;
lead paint;
fire protections;
electrical systems;
water supply;
structural deficiencies;
bed bugs; and
elevators.
It is the intent and purpose of <cite data-path="|13|6">this subtitle</cite> that before title to any single-family residential rental property is voluntarily transferred, the tenant of that property shall have the opportunity to purchase the property and that residential property owners shall not be unreasonably impeded in selling their properties nor required to accept unreasonable terms of sale.
In this subtitle, the following terms have the meanings stated.
“Commissioner” means the Commissioner of the Department of Housing and Community Development, or the Commissioner’s designee.
“Landlord” means any person who is the owner of a rental single-family dwelling unit.
“Landlord” includes any person authorized to exercise any aspect of the management of the rental single-family dwelling unit, except those persons engaged solely in custodial and maintenance functions.
“Owner” means any person recorded in the official records of the State or City as holding title to a rental single-family dwelling unit.
“Rent” means the consideration, including any bonus, benefit, or gratuity, demanded or received per day, week, month, year, or other period of time, as the case may be, for the use or occupancy of housing accommodations or the transfer of a lease for those accommodations.
“Rent” includes any charge to a tenant under a rent-to-own agreement if the tenant’s acceptance of the agreement is mandatory or if the tenant is not entitled to a refund of the charge if the tenant does not purchase the unit.
“Single-family dwelling unit” has the meaning stated in § 202.2.22.4 of the Baltimore City <cite data-path="|codes|II">Building Code</cite>.
“Statement of interest” means a written and clear expression of interest to a landlord that the person writing the statement is interested in purchasing the landlord’s rental single-family dwelling unit.
“Tenant” means any person who:occupies a rental single-family dwelling unit as a residence with the consent of the landlord; and
has an obligation to pay rent or provide other consideration to the landlor for those accommodations.
The following transfers of title are exempt from the requirements of <cite data-path="|13|6">this subtitle</cite>:
transfer of title to a spouse, child or children, parents, siblings, or in-laws of the landlord;
transfer of title by will or through inheritance under the State Estates and Trusts Article;
a gift to any religious, charitable, or benevolent, tax-exempt donee;
transfer of title in a mortgage or deed of trust;
transfer of title to a government agency;
transfer of, or for the sole purpose of creating, a reversionary (ground rent) interest, if the leasehold is retained by, or was not owned by, the transferor;
transfer of title in lieu of foreclosure of a mortgage or deed of trust;
any sale at public auction of a property individually, if the landlord has offered the property to the persons required under <cite data-path="|13|6">this subtitle</cite>, and those persons have failed to exercise the opportunity to purchase before the auction sale;
any transfer by a personal representative from a decedent’s estate made in the course of the administration of the estate; [and]
a transfer of title by a bona fide gift to a relative of the transferor or relative of the transferor’s spouse, subject to the following:“relatives” means only those relatives set forth in § 267(c)(4) of the Internal Revenue Code and all lineal descendants and spouses of those relatives to the extent not already included in that section;
“ancestors” as defined in § 267(c)(4) are limited to the levels of parents and grandparents; and
“lineal descendants” include all biological children and stepchildren, and full effect shall be given to legal adoption[.] ; and
A tranfer of title by the housing authority of Baltimore City.
In <cite data-path="|13|6">this subtitle</cite>, the following rules of interpretation apply.
The time periods specified in this subtitle are minimum periods. A landlord may provide a tenant with reasonable extensions of time to purchase the rental single-family dwelling unit.
Potential third-party purchasers are presumed to act with full knowledge of the rights and procedures established in <cite data-path="|13|6">this subtitle</cite>.
Unless otherwise expressly stated in <cite data-path="|13|6">this subtitle</cite>, delivery of items required by <cite data-path="|13|6">this subtitle</cite> shall be made either by first-class mail or hand-delivery to the required party.
To the extent possible, any defect or ambiguity in <cite data-path="|13|6">this subtitle</cite> shall be resolved in favor of tenants.
Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article</cite>, the Commissioner may adopt rules and regulations to carry out <cite data-path="|13|6">this subtitle</cite>.
Before a landlord may settle on the sale of a rental single-family dwelling unit, the landlord shall give the tenant an opportunity to purchase the rental single-family dwelling unit at a price and under terms that constitute an offer of sale in accordance with the requirements of this subtitle.
Prior to offer the rental single-family dwelling unit for sale to another party, a landlord shall provide a written offer of sale to:the tenant within the rental dwelling unit; and
the Commissioner, on behalf of the Mayor and City Council.
The offer of sale required by this section shall include:the asking price and the material terms of sale; and
a statement that the landlord shall provide the tenant, within 7 calendar days of a request, the following:a complete copy of any third-party contact to purchase the rental single-family dwelling unit, with the purchaser name redacted; and
copies of available licensing inspection reports of the rental single-family dwelling unit for the previous 2 years.
For each calendar day of delay by the landlord to provide the information required by subsection (b)(1)(ii) of this section, the time period for the tenant to express interest in purchasing the rental single-family dwelling unit or to negotiate a contract with the landlord for the purchase of the rental single-family dwelling unit, as the case may be, shall be extended by 1 day.
Additional Information
The landlord shall share the fact sheet regarding tenant rights under this section, which can be obtained from the Department of Housing and Community Development’s office or website.
In this subsection, “material change” means:a change in the purchaser under a third-party contact; or
a reduction in the sales price of 10% or more.
If there is a subsequent third-party contract after the initial offer of sale was transmitted that results in a material change or if the terms of a third-party contract to purchase the rental dwelling unit materially change between the time an offer of sale is made and the settlement, the landlord shall provide the tenant with a new offer of sale reflecting the new terms.
If the initial time period to indicate interest has expired, the tenant shall have all rights preserved under this subtitle except that the period to indicate interest in purchasing the rental single-family dwelling unit under the revised terms of sale may not exceed 7 calendar days from the date of receipt of the new offer of sale.
A landlord is not required to provide a new offer of sale if there is an increase in the sale price.
On receipt of the written offer of sale required by <cite data-path="|13|6|2|6-8">§ 6-8 {“Offer of sale”}</cite> of <cite data-path="|13|6">this subtitle</cite>, a tenant shall have 14 calendar days to deliver a written statement of interest to the landlord.
The tenant may accept the offer of sale by submitting a written contract within 14 calendar days from the date of the submission of the statement of interest.
The contract must include substantially the same terms and conditions set forth in the any third-party contract of sale, including any contract term that provides for a reasonable real estate commission.
In order for the tenant to secure financing, any contract of sale shall provide a reasonable period of no less than 30 days between the execution of the contract and settlement.
A landlord shall afford a tenant a reasonable and commensurate extension of time, if:the tenant is obtaining financing through a government or other loan program designed for low- or moderate-income persons or first-time homebuyers; and
the government agency or other lender estimates in writing that a financing decision will be made within 60 calendar days after the date of the contract.
If 6 months elapses from the date the landlord has delivered the written offer of sale required by § 6-8 {“Offer of sale”} to a tenant and the landlord has not gone to settlement on the sale of the rental dwelling unit, the landlord shall send a new written offer of sale to the relevant parties before selling the rental dwelling unit.
The rights of a tenant under this subtitle may not be assigned and anyattempted assignment is void.
If a tenant proposes to use a federal, State, or local program to assist the purchase, for either mortgage insurance, a mortgage guarantee, or a direct mortgage, the required deposit shall not exceed the cash contribution required of the buyer by that program.
If no such program is involved in the tenant purchase, the deposit required for a sales contract shall be at least 1% of the purchase price.
No landlord may refuse to enter into a sales contract with a tenant solely because the tenant proposes to use a federal, State, or local program to assist in the financing of the purchase.
A sales contract shall contain a reasonable financing contingency clause which:shall not require the tenant to obtain financing in less than 60 days from the date a contract is tendered by the landlord; and
shall excuse the tenant from performance of the sales contract if the tenant is unable to obtain adequate financing within said 60-day period.
Unless otherwise expressly stated, a landlord may not request, and the tenant may not grant, a waiver of any requirement under <cite data-path="|13|6">this subtitle</cite> unless the waiver is in exchange for consideration that the tenant, in their sole discretion, find acceptable.
In any transfer of real property subject to <cite data-path="|13|6">this subtitle</cite> to a party other than the tenant, the landlord shall file in the land records of Baltimore City, and with the Commissioner of the Baltimore City Department of Housing and Community Development, an affidavit in the form set forth in subsection (c) of this section, certifying that the requirements of <cite data-path="|13|6">this subtitle</cite> have been met, as a part of the deed conveyance.
Where an affidavit has been filed as required by subsection (a) of this section, the rights and title of a third party transferee and the transferee’s heirs, successors, or assigns shall be free of any restriction or claim arising in favor of the tenant under <cite data-path="|13|6">this subtitle</cite>.
The affidavit affirming compliance with the requirements of <cite data-path="|13|6">this subtitle</cite> described under subsection (a) of this section shall:if the tenant has responded to the offer of sale required under <cite data-path="|13|6">this subtitle</cite>, include the following statement:
“(Name of tenant), being the tenant of the property known as (street address) in Baltimore City, following an offer of sale as required by <cite data-path="|13|§6-7">§ 6-7 of Article 13</cite> of the Baltimore City Code, sent (date of mailing), has failed to enter into a contract to purchase said property in the manner and time provided by Subtitle 6 of <cite data-path="|13">Article 13</cite> of the Baltimore City Code.” (Add if applicable) “Notice pursuant to <cite data-path="|13|§6-7">§ 6-7 of Article 13</cite> of the Baltimore City Code was subsequently sent to said tenant on (date of mailing), and tenant subsequently failed to contract to purchase said property in lieu of (name of third party) within the period of time provided by said § 6-8, that period being 7 days.”; or
if the tenant has waived right of first refusal, include the following statement:
“(Name of tenant), being the tenant of the property known as (street address) in Baltimore City, following an offer of sale as required by <cite data-path="|13|§6-7">§ 6-7 of Article 13</cite> of the Baltimore City Code, sent (date of mailing), has not entered into a contract for sale.
Where a rental single-family dwelling unit subject to this section is owned by a corporation, LLC, or other business organization, the affidavit required by subsection (a) of this section shall be made by a duly authorized officer of the organization or duly authorized representative of the ownership entity.
A landlord shall report each rental single-family dwelling unit transfer subject to <cite data-path="|13|6">this subtitle</cite> to the Commissioner within 30 days of the transfer in the manner required by the Commissioner.
The duty to report under this subsection shall include transfers to a party other than the tenant.
On or before June 30 of the each year, the Commissioner shall submit a report to the Mayor and City Council detailing:disaggregated by zip code, the total number of transfers subject <cite data-path="|13|6">this subtitle</cite>, including:transfers to a tenant; and
transfers to a party other than a tenant;
any recommendations for legislative or policy amendments to better ensure that City tenants are benefitting from <cite data-path="|13|6">this subtitle</cite>.
Any person who violates any provision of <cite data-path="|13|6">this subtitle</cite> shall be guilty of a misdemeanor and, on conviction, shall be subject to a fine of up to $1,000 for each violation.
The criminal penalty described in this section is not intended to preclude any other civil or administrative remedy available at law.
In this subtitle, the following terms have the meanings specified.
“Commission” means the Baltimore City Affordable Housing Trust Fund Commission established by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14">Article I, § 14 of the City Charter</cite>.
“Commissioner” means Commissioner of the Department of Housing and Community Development or the Commissioner’s designee.
“Covered individual” means any individual who occupies a dwelling within the City of Baltimore under a claim of legal right other than the owner.
“Covered individual” includes any tenant in a building owned, operated, or managed by the Housing Authority of Baltimore City.
“Covered proceeding” means:any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual;
any proceeding that is the functional equivalent of a proceeding described in item (i) of this paragraph; or
any first appeal of a proceeding described in item (i) or (ii) of this paragraph.
“Covered proceeding” includes any judicial or administrative proceeding to remedy a violation of:City Public Local Laws § 9-9 {“Rent Escrow Law: In general”};
City Public Local Laws § 9-9A {“Rent Escrow Law: Landlord’s non- compliance with lease”};
City Public Local Laws § 9-10 {“Rent Escrow Law: Retaliatory actions”};
<cite data-doc="Md. Code" data-path="grp|8-208">State Real Property Article § 8-208</cite>.1 {“Retaliatory actions due to reporting violations or complaints prohibited”}; or
<cite data-doc="Md. Code" data-path="grp|8-216">State Real Property Article § 8-216 </cite>{“Restrictions relating to taking or threatening to take possession of dwelling unit”}.
“Designated organization” means any not-for-profit organization or association that is designated by the Commissioner under this subtitle and engaged pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite> regarding procurement that:has the capacity to provide legal representation to covered individuals facing eviction; and
agrees to adhere to the standards of practice established in rules and regulations adopted under this subtitle.
“Designated community group” means a not-for-profit community organization or association designated by the Commissioner that has the capacity to conduct tenant outreach, engagement, education, and information regarding this subtitle.
“Legal representation” means ongoing legal representation provided by a designated organization to a covered individual and all legal advice, advocacy, and assistance associated with that representation.
“Legal representation” includes the filing of a notice of appearance on behalf of the covered individual in a covered proceeding.
Ord. 20-465
Ord. 22-125
For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>.
See also <cite data-path="|13|§6A-4">§ 6A-4 {“Additional Commission member”} of this subtitle</cite>.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner, with the advice and consultation of the Commission, shall adopt rules and regulations to carry out this subtitle, including providing tenant education regarding their rights under this subtitle.
Ord. 20-465
Text Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Subject to provisions of this subtitle, including any rules and regulations, and with the advice and consultation of the Commission, the Commissioner shall ensure that all covered individuals are offered legal representation from a designated organization in a covered proceeding as soon as practicable after the initiation of that proceeding, but no later than at the time of the covered individual’s first scheduled appearance in a covered proceeding if possible.
The Commissioner shall seek to prioritize the provision of legal representation based on median income with covered individuals having the lowest median income receiving the highest priority.
Covered individuals shall receive legal representation unless circumstances specific to the individual or case, such as a conflict with the Maryland Attorneys’ Rules of Professional Conduct, make legal representation infeasible to render.
Subject to <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite> regarding procurement, in addition to overseeing the administration of this subtitle, the Commissioner, with the advice and consultation of the Commission, may engage designated community groups to engage and educate tenants about their rights, through activities such as:hosting know-your-rights trainings and other workshops for tenants;
distributing written information to tenants;
assisting tenants to form and maintain tenant associations;
referring tenants to designated community groups; and
engaging in any other activity designed to engage, educate, or inform tenants about their rights.
Legal representation under this section is subject to the appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>.
Ord. 20-465
In addition to those Commission members specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14|(d)|(2)">Article I, § 14(d)(2) of the City Charter</cite>, the Mayor shall appoint an additional Commissioner in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>.
In this subsection,“extremely-low income household” means a household whose aggregate gross income does not exceed 30% of the area median income, as adjusted for the size of the household.
The Commission member appointed under this section shall be:a tenant residing in Baltimore City; and
a member of an extremely low-income household.
Ord. 20-465
No later than November 1 of each year, the Commissioner, with the advice and consultation of the Commission, shall submit a report to the Mayor and City Council, which shall include information from the prior fiscal year regarding:the number of covered individuals served;
the extent of legal representation performed;
metrics on evaluating outcomes; and
the engagement and education of tenants.
The Commissioner shall prominently post the report required by this section on the City’s website.
No later than December 1 of each year, the City Council or an appropriate committee of the City Council shall conduct a hearing on the report required by this section.
Ord. 20-465
For the Code-wide standard for severability, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|2|1-214">§ 1-214</cite>.
In this subtitle, the following terms have the meanings indicated.
“Director” means the Executive Director of the Mayor’s Office of Children and Family Success.
“Family” means 1 or more individuals who reside together as a household.
“Mayor’s Office” means the Mayor’s Office of Children and Family Success.
“Program” means the Baltimore City Emergency Security Deposit Grant Program.
“Security deposit” means an amount of money that a tenant pays to a landlord that the landlord must return to the tenant at the end of the lease minus any amount the landlord used for the tenant’s:non-payment of rent;
breach of the lease; or
damage to property.
“Security deposit grant” or “grant”:means a one-time payment by the Program of up to $2,000 toward a security deposit; and
is not considered income to the tenant in determining the tenant’s income eligibility, unless otherwise required by any state or federal law that governs the source of funds for this grant.
Ord. 21-040
Ord. 22-124
There is an Emergency Security Deposit Grant Program in Baltimore City.
The purpose of the Program is to provide families who are in need of permanent housing with security deposit grants for permanent housing.
The Program shall be administered by the Mayor’s Office.
Ord. 21-040
Subject to the requirements in this section and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Mayor’s Office shall adopt rules and regulations to carry out the provisions of this part <em>{subtitle}</em>.
In addition to the requirements set forth in the Title 4 {“Administrative Procedure Act - Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Mayor’s Office must hold a public hearing prior to:adopting any rules and regulations required by this section; or
amending or repealing any rules and regulations adopted under this subtitle.
Ord. 21-040
Families seeking to participate in the Program shall submit an application to the Mayor’s Office in the form the Mayor’s Office requires.
A family is eligible to participate in the Program if the family:resides in Baltimore City at the time of application; and
meets the income requirements for a grant.
Ord. 21-040
Subject to the provisions of this section, eligible families shall be admitted into the Program.
Admission into the Program is subject to the availability of funds and is not an entitlement.
Ord. 21-040
A security deposit grant made under this section <em>{subtitle}</em> shall be given directly to the landlord on behalf of the family.
The Mayor’s Office shall conduct audits at least annually to ensure that families receiving security deposit grants are eligible for assistance.
Ord. 21-040
To ensure that grants are disbursed in an equitable manner, the Mayor’s Office shall prioritize grant recipients based on:
median household income in the vicinity of a family’s desired permanent housing, with areas with the lowest median income receiving highest priority; and
whether the family has received a security deposit grant from the Mayor’s Office in a prior year.
Ord. 21-040
The Mayor’s Office may deny a grant to a family if the Mayor’s Office finds that the family:failed to supply the information to the Mayor’s Office required by this subtitle or the rules and regulations adopted under this subtitle;
does not reside in Baltimore City at the time of application; or
does not meet the income requirements for a grant.
If the Mayor’s Office denies a family’s application for a grant, it must provide the family with a written notice of the denial, including the reasons for the denial, within 15 business days of the denial.
The family may appeal the Mayor’s Office’s denial to the Director of the Mayor’s Office.
In appealing the Mayor’s Office’s denial, the family must:put the appeal in writing;
state the reasons why the Mayor’s Office should have granted the grant; and
send the appeal to the Director within 15 business days of receipt of the Mayor’s Office’s written denial.
The Director must issue a written decision within business 15 days of receipt of the family’s appeal.
Ord. 21-040
Tenants and landlords involved in the Program must comply with all State and local laws regarding security deposits.
Ord. 21-040
After August 1, 1981, any landlord who rents dwelling units by means of written leases shall comply with the following requirements.
City Code, 1976/83, art. 13, §56(intro)
Ord. 81-290
A copy of the lease, signed by tenant and landlord, shall be given to tenant at the time of signing of the lease.
City Code, 1976/83, art. 13, §56(a)
Ord. 81-290
Each residential lease must contain the following information:the name, residence address, and residence telephone number or the name, business address, and business telephone number of the owner of the property, or
the name, residence address, and residence telephone number or the name, business address, and business telephone number of an agent of the owner who is authorized to receive court process on behalf of the owner in connection with the property.
Any owner who is not customarily present in an office in the metropolitan Baltimore area must include in the lease the information required above for an agent authorized to receive court process on behalf of the owner.
Any property owner or managing operator who requires that a tenant pay the costs of water or wastewater services, whether directly to the Department of Public Works or as reimbursement to the owner or managing operator, shall include that requirement in an express provision of a written lease.
The lease shall include a provision that the landlord makes the tenant a designee under Maryland’s Public Information Act to request and to receive copies of any account records for the water or wastewater account at issue.
Whenever a landlord requires the tenant to reimburse the landlord for allocated costs of water or wastewater service, the lease required by this subsection shall also:describe the calculation method used by the owner or owner’s agent to allocate the cost of water and wastewater services to the tenant; and
specify the average monthly allocated costs of water and wastewater services for the leased dwelling unit or rooming unit in the 12 months preceding execution of the lease or renewal of the lease.
In this subsection, “government benefit” means:temporary cash assistance or other assistance described in Title 5 of the State Human Services Article;
supplemental security income;
social security disability income;
unemployment insurance benefits;
Veteran’s Administration benefits;
social security benefits; or
assistance from any other similar federal, state, or City government benefits program.
This subsection does not apply to leases for public housing administered by the Housing Authority of Baltimore City.
A residential lease shall include a provision that the landlord may not apply late fees to the rent until the tenant is more than 10 days past due with the rent.
In addition, a residential lease that includes a provision permitting a landlord to apply a penalty for the late payment of rent must include a provision that prohibits a landlord from applying a penalty fee for late payment of rent until:the tenant’s payment of the rent is more than 10 days late; or
the tenant has received the tenant’s regularly scheduled government benefit disbursement if the tenant has previously provided the landlord with written notice that shows the day of the month the government benefit is normally issued or mailed is later than the day on which the rent is due.
Within 10 days of a change in any information required by subsection (a) of this section to be contained in a lease, the property owner must notify the tenant of the change.
The notice must be sent to the tenant by first class mail.
Along with the copy of the lease required to be given to the tenant by <cite data-path="|13|§7-2">§ 7-2 of this subtitle</cite>, the tenant must be given a copy of a tenants rights brochure approved by the Housing Commissioner that discusses:free or reduced price legal representation available to tenants;
pre-trial and day of trial mediation programs available to resolve landlord-tenant disputes; and
a tenant’s right to know the amount of rent that is in arrears.
A tenant must also be given a copy of the brochure required by paragraph (1) of this subsection:at the time that a lawsuit is commenced by the owner or landlord against the tenant;
if the Baltimore City Sheriff’s Office is used to serve a summons and complaint by the landlord seeking eviction, including for summary ejectment, tenant holding over, or breach of lease, at the time that the summons and complaint are served on the tenant; and
at the time that the Housing Authority of Baltimore City sends a notice to terminate a tenant’s subsidy or tenancy.
City Code, 1976/83, art. 13, §56(b)
Ord. 81-290
Ord. 02-475
Ord. 13-175
Ord. 18-137
Ord. 19-332
Ord. 20-336
Ord. 20-465
Ord. 21-014
In conjunction with its enactment of Subtitle 6A, Ordinance 20-465 also amended this § 7-3(c), subject to the same delayed effective date of April 1, 2021.
Subsection (a-2) was enacted by Ordinance 21-014 {“Late Fees for Past Due Rent ”}, with an effective date of April 30, 2021. Section 3 of Ord. 21-014, however, specifies that “this Ordinance shall only apply prospectively to new leases and shall have no retroactive effect on leases entered into prior to the effective date of this Ordinance”.
Subsection (a-1) was enacted on January 13, 2020, by Ord. 20-336 {“Water Accountability and Equity Act”). For the effective date of this subsection, as more recently set by Ord. 20-468 {“Water Accountability ... Act – Modifications”}, see Editor’s Note in City Code <cite data-path="|24">Article 24 {“Water”}</cite>, at the end of that article’s Subtitle 2 {“Bills”} – especially the quotes there from Ord. 20-468, Sections 4 and 5(b).
The provisions of this subtitle do not apply to the following:
rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than 14 days, and
rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education, and
individual rental units which a government unit, agency, or authority owns, operates, or manages, and
rental units within the premises occupied by the owner as his residence.
City Code, 1976/83, art. 13, §56(c)
Ord. 81-290
The owner of the property has primary responsibility for compliance with the provisions of this subtitle.
City Code, 1976/83, art. 13, §56(d)
Ord. 81-290
A tenant may seek relief from an appropriate court to restrain or enjoin any violation of the provisions of this subtitle.
City Code, 1976/83, art. 13, §56(f)
Ord. 81-290
Any property owner or landlord who leases residential property under a written lease which does not conform to the provisions of this subtitle, or who fails to give a tenant a copy of the lease as provided in <cite data-path="|13|§7-2">§ 7-2 of this subtitle</cite> and the tenants rights brochure as provided in <cite data-path="|13|§7-3|(c)">§ 7-3(c) of this subtitle</cite>, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to $100 for each violation.
City Code, 1976/83, art. 13, §56(e)
Ord. 81-290
Ord. 18-137
For the purposes of this subtitle, the following words have the meanings indicated.
The term “dwelling unit”:means a room or group of rooms forming a single habitable unit occupied by 1 or more persons, with facilities which are used or intended to be used by the occupants of such units for living, sleeping, eating, and cooking; and
includes any common area needed for the use and enjoyment of the unit.
The term “landlord” means an owner, lessor, sublessor, assignee, or agent of any thereof or other person receiving or entitled to receive rents or benefits for the use or occupancy of any dwelling or rooming unit, including any person who has an option to buy or who has entered into a contract to buy any dwelling or rooming unit with the intent to offer such dwelling or rooming unit for rent.
The term “rental fee” means the entire amount of money, money’s worth, benefit, bonus, or gratuity demanded, received, or charged by a landlord as a condition of occupancy or use of a dwelling or rooming unit, its related services, and its related facilities.
The term “serious defect” means a condition which constitutes or, if not promptly corrected, will constitute a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including, but not limited to:lack of heat, of light, electricity, or of hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant’s failure to pay the charges; or
lack of adequate sewage disposal facilities; or
infestation of rodents in a dwelling unit (except if the property is a 1-family dwelling); or
the existence of paint containing lead pigment on surfaces within the dwelling unit; or
the existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or
the existence of any condition which presents a health or fire hazard to the dwelling unit.
The term “tenant” includes a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy, or the benefits thereof, of any dwelling unit.
City Code, 1976/83, art. 13, §57(a)
Ord. 81-280
When, as a result of any inspection not generated by a tenant complaint, a landlord receives a violation notice citing a serious defect, then the landlord cannot increase the rental fee for those premises until the defects are corrected and the notice abated.
If the serious defects cited in the notice are repaired and the notice abated within 30 days from the date of the expiration of the notice, then the increase in the rental fee shall be deemed to begin, and be fully and finally effective for the balance of the term of the lease, from and after the date of the abatement or at the time of the lease renewal, whichever time comes later.
If the defects are less than serious, then they must be repaired within 60 days from the date of the expiration of the notice. If less than serious defects are not repaired within the 60-day period, then the rental fee shall revert to the fee charged at the time of the violation notice.
If the defects are not repaired within the 30-day period for serious defects or the 60-day period for less than serious defects, then the landlord shall be prohibited from increasing the rental fee until 6 months after the date of abatement.
When the landlord receives notice of exterior violations between October 1 and April 1 for repairs which require an air temperature of 50<sup>°</sup> F or above, for these defects only the above 60-day period shall be deemed to expire on June 1.
City Code, 1976/83, art. 13, §57(b)
Ord. 81-280
When a tenant complaint results in a landlord receiving a violation notice, in order for the limitations and restrictions in § 8-2 above to apply to a landlord, either:the written violation notice must be issued more than 60 days before the increase is to take effect; or
the tenant must have filed a written complaint with the Commissioner, with a copy thereof to the landlord, prior to receiving a rent increase notice.
For the purpose of the tenant’s rights under this section, any notice of a rent increase is presumed to be received by the tenant no earlier than 60 days prior to the expiration of the lease, unless a lease provides for a longer notice requirement not to exceed 90 days.
City Code, 1976/83, art. 13, §57(c)
Ord. 81-280
In this section, “emergency” means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under <cite data-doc="Md. Code" data-path="gps|14-3">State Public Safety Article, § 14-3</cite>A-02.
This section only applies to rental fee increases on existing tenants during an emergency. Nothing in this section may be construed as applying to leases for new tenants. Further, nothing in this section with respect to an increase in the tenant’s portion of a rental fee applies to any public housing authority who must comply with federal laws, regulations, or other federal requirements to determine a tenant’s rental fee.
A landlord may not increase a tenant’s rental fee if:the increase would take effect during an emergency; or
notice of the increase is not in compliance with subsection (d) of this section.
During an emergency and within 90 days after the expiration of an emergency, a landlord may not notify a tenant of a rental fee increase.
A landlord must inform a tenant in writing to disregard any notice of a rental fee increase if:the landlord provided the notice to the tenant prior to an emergency; and
the effective date of the increase would occur on or after the date the emergency began.
In this subsection, “late fee” means any additional charge or fee imposed because a rental fee is not made when the rental fee is due under the terms of a lease.
“Late fee” includes a fee imposed:as a flat rate;
as a percentage of the rental fee due; or
in any other terms.
A landlord may not charge, assess, or otherwise seek to collect a late fee from a tenant for the nonpayment or the late payment of a rental fee that comes due during an emergency.
The Department of Housing and Community Development must post on its website information regarding the requirements of this section, including the date that an emergency expires and the date that is 90 days after the expiration of the emergency.
Ord. 20-364
The provisions of this subtitle do not limit a landlord’s right, under the applicable provisions of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>, to an administrative review of a violation notice.
City Code, 1976/83, art. 13, §57(d)
Ord. 81-280
Ord. 02-475
Ord. 15-427
Ord. 20-364
A tenant may seek relief from an appropriate court to restrain or enjoin any violation of § 8-2 and <cite data-path="|13|§8-3">§ 8-3 of this subtitle</cite> in accordance with State law.
City Code, 1976/83, art. 13, §57(e)
Ord. 81-280
Ord. 20-364
This subtitle may be enforced by issuance of an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Each day a violation continues is a separate offense.
In this subtitle, the following terms have the meanings indicated.
“Eviction chattels” means any property removed from a leased dwelling under a warrant of restitution.
“Leased dwelling” means any dwelling unit, rooming unit, efficiency unit, or other living quarters, whether in a single-family dwelling, a multiple-family dwelling, an apartment complex, or otherwise, that was occupied under a lease between a tenant and a landlord.
“Foreclosure purchaser” means:any person who purchases real property in:a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”};
a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or
a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and
any substituted purchaser, as defined in Maryland Rule 14-207(f)(3).
Ord. 07-496
Ord. 08-041
The requirement to provide notice under subsection (b) of this section does not apply to any judgment entered:in favor of a foreclosure purchaser; or
in favor of a landlord for possession of a leased dwelling under one of the following sections of the State Real Property Article:§ 14-120 {“Abatement of nuisance; dangerous substances”};
§ 14-123 {“Baltimore City nuisance actions”};
§ 8-402 {“Tenant holding over”};
§ 8-402.1 {Proceedings upon breach of lease”}; or
§ 8-402.4 {“Wrongful detainer”}.
Whenever a judgment is entered in favor of the landlord for possession of a leased dwelling, the landlord shall notify the tenant of the date on which the warrant of restitution is first scheduled to be executed by the Sheriff.
The notice shall be:mailed by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and
posted on the premises at least 7 days before the first scheduled date of execution.
The notice shall:state the District Court Summary Ejectment Case Number, the tenant’s name, and the address of the leased dwelling;
specify the date on which the eviction is first scheduled to be executed;
state that the eviction will be executed on that date unless:the tenant moves out and returns control of the property to the landlord; or
the tenant exercises the right to redemption under <cite data-doc="Md. Code" data-path="grp|8-401">State Real Property Article § 8-401(e), </cite>unless the right to redeem has been foreclosed or otherwise is inapplicable;
prominently warn the tenant that any property left in the leased dwelling will be considered abandoned and may be disposed of on execution of the warrant of restitution; and
state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court.
A landlord may charge the tenant for expenses incurred in providing this notice, up to a maximum of $5.
Ord. 07-496
Ord. 08-041
Ord. 11-458
If the Sheriff reasonably believes that the landlord did not provide the tenant with the notice required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, the Sheriff shall notify the District Court and may not execute the warrant of restitution until further order of the Court.
If the District Court finds that the landlord did not provide the tenant with the notice required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, the District Court shall vacate the warrant of restitution.
If the landlord provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, there is a rebuttable presumption that the tenant was notified.
Ord. 07-496
Ord. 11-458
All property in or about the leased premises at the time that the warrant of restitution is executed is abandoned.
Neither the landlord nor someone acting on the landlord’s behalf is liable for any loss or damage to abandoned property.
Ord. 07-496
The landlord shall dispose of abandoned eviction chattels by:transporting them to a licensed landfill or solid waste facility;
donating them to charity; or
some other legal means.
A landlord who disposes of eviction chattels at a City-owned or operated landfill or solid waste facility may be charged no more than the same fees charged to the Housing Authority of Baltimore City (HABC).
To be eligible for HABC rates, the landlord or landlord’s agent must present at the facility at the time of disposal:a copy of the warrant of restitution issued for the leased dwelling; and
proof that the leased dwelling is registered or licensed under City Code <cite data-path="|13">Article 13</cite>, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”} or Subtitle 5 {“Licensing of Rental Dwellings”}.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Public Works may adopt rules and regulations to carry out this subsection.
A person may not make any false or misleading representation in connection with the fee rate authorized by this subsection.
Ord. 07-496
Ord. 18-130
Text Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (b)(1) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property.
Ord. 07-496
Any person who violates any provision of § 8A-5 or <cite data-path="|13|§8A-6">§ 8A-6 of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Each day that a violation continues is a separate offense.
Ord. 07-496
In this subtitle, the following terms have the meanings indicated.
“Foreclosure purchaser” means:any person who purchases residential property in:a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”};
a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or
a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and
any substituted purchaser, as defined in Maryland Rule 14-207(f)(3).
Ord. 08-041
Whenever a judgment is entered in favor of a foreclosure purchaser for possession of the residential property purchased and the Court has issued a writ of possession, the foreclosure purchaser shall notify any occupant of the property of the date on which the writ of possession is first scheduled to be executed by the Sheriff.
The notice shall be:mailed both by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and
posted on the premises at least 7 days before the first scheduled date of execution.
The notice shall:state the Circuit Court Writ of Possession Case Number, the occupant’s name, if known, the phrase “or current occupant”, and the address of the property;
specify the date on which the eviction is first scheduled to be executed;
state that the eviction will be executed on that date unless the occupant moves out and delivers control of the property to the foreclosure purchaser;
prominently warn the occupant that any personal property left on the foreclosed property will be considered abandoned and may be disposed of on execution of the writ of possession; and
state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court.
Ord. 08-041
Ord. 11-458
If the Sheriff reasonably believes that neither the Sheriff nor the foreclosure purchaser provided the occupant with the notice required by§ 8B-2, the Sheriff shall notify the Circuit Court and may not execute the writ of possession until further order of the Court.
If the Circuit Court finds that neither the foreclosure purchaser nor the Sheriff provided the occupant with the notice required by <cite data-path="|13|§8B-2">§ 8B-2 of this subtitle</cite>, the Circuit Court shall vacate the writ of possession.
If the foreclosure purchaser provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by <cite data-path="|13|§8B-2">§ 8B-2 of this subtitle</cite>, there is a rebuttable presumption that the occupant was notified.
Ord. 08-041
Ord. 09-217
Ord. 11-458
All personal property in or about the foreclosed property at the time that the writ of possession is executed is abandoned.
Neither the foreclosure purchaser nor someone acting on the purchaser’s behalf is liable for any loss or damage to abandoned property.
Ord. 08-041
The foreclosure purchaser shall dispose of abandoned personal property by:
transporting it to a licensed landfill or solid waste facility;
donating it to charity;
donating it to the former occupant or former owner; or
some other legal means.
Ord. 08-041
Under no circumstances may any property, abandoned or otherwise, be placed in a public right-of-way or on any public property.
Ord. 08-041
Any person who violates any provision of § 8B-5 or <cite data-path="|13|§8B-6">§ 8B-6 of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Each day that a violation continues is a separate offense.
Ord. 08-041
In this subtitle, the following terms have the meanings specified.
“Dwelling unit” has the meaning stated in § 202.2 of the <cite data-path="|building-codes|VII">Property Maintenance Code</cite> of Baltimore City.
“Landlord” means an owner, lessor, sublessor, assignee, or agent of any other person receiving or entitled to receive rents or benefits for the use or occupancy of any dwelling unit.
“Landlord” includes any person who has an option to buy or who has entered into a contract to buy any dwelling with the intent to offer the dwelling unit for rent.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|13|§8C-6">§ 8C-6 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity.
Ord. 21-037
Ord. 22-125
Except for good cause described in subsection (b) of this section, at least 75 days but no more than 100 days prior to the end of a term lease or periodic tenancy, a landlord shall offer a tenant a reasonable opportunity to renew the lease subject to a reasonable, non-retaliatory increase in the rent or change in lease terms.
In this subsection, “substantial breach of the lease” does not include failure to pay rent or other charges.
The requirement set forth in subsection (a) of this section does not apply if:the tenant has caused a substantial breach of the lease that warrants non-renewal, and after receiving written notice to cure or correct the breach, the tenant has failed to comply within 45 days;
the landlord seeks to recover possession of the leased premises for use by the landlord or the landlord’s spouse, child, parent, or grandparent as their primary residence;
the landlord seeks to permanently remove the leased premises from the rental market;
the landlord, after having obtained all necessary permits, seeks to undertake substantial repairs or renovations that cannot be completed while the leased premises is occupied; or
the leased premises are owner-occupied and the landlord leases out a single rental unit on the premises.
If a landlord declines to offer to renew the lease for good cause as described in paragraph (2) of this subsection, the landlord shall send a notice at least 75 days but no more than 100 days prior to the end of the lease term to the tenant advising the tenant that the landlord is declining to offer a renewal and stating with specificity the facts related to the good cause for declining to offer a renewal, including, if a substantial breach of the lease is alleged, the specific facts related to the breach.
Ord. 21-037
A landlord’s offer to renew the lease or notice declining to offer a renewal must be in writing and delivered to the tenant by first-class mail with certificate of mailing or by electronic means if consented to in advance by the tenant in the writing.
Ord. 21-037
Except as otherwise provided in subsection (b) of this section, there shall be a presumption that the landlord’s offer of a lease renewal is on the same terms and conditions as the current lease and the tenant’s acceptance of that offer.
The presumption described in subsection (a) of this section does not exist if:the landlord provides timely notice declining to renew for good cause as specified in <cite data-path="|13|§8C-2|(b)">§ 8C-2(b) of this subtitle</cite>;
the tenant fails to respond to a timely notice offering to renew the lease as specified in <cite data-path="|13|§8C-2|(a)">§ 8C-2(a) of this subtitle</cite>; or
a notice declining to renew the lease is provided by the tenant to the landlord under the terms of the lease or other applicable law.
Ord. 21-037
Any person who violates any provision of this subtitle or any provision of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Ord. 21-037
This subtitle shall automatically expire on the 181<sup>st</sup> day following the expiration of the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor.
Ord. 21-037
For the purposes of this subtitle, certain words, terms and phrases, and their derivatives, shall be construed and given the meaning specified in this section.
“Floodplain District” means the Floodplain District and Subdistricts established under the Floodplain Management Code, City Code <cite data-path="|7">Article 7 {“Natural Resources”}</cite>, Division I {“Floodplain Management”}.
“Landlord” means an owner, lessor, sublessor, assignee, any agent thereof or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any residential rental unit within the City of Baltimore.
“Owner” means any person or entity having legal or equitable title to 1 or more rental units.
“Purchaser” means anyone who purchases 1 or more rental units.
“Tenant” means a tenant, subtenant, lessee, sublessee, or other person entitled to the possession of any rental unit owned by another person, and of whom the landlord of said unit has actual knowledge.
City Code, 1976/83, art. 13, §59
Ord. 82-754
Ord. 14-209
If any part of a rental unit, including the parking area or separate storage area for that unit, is within the Floodplain District, and the City has notified the landlord of that fact by first class mail, bulk mail, or otherwise, or the landlord has received notice of that fact from some other governmental agency, the landlord shall provide any prospective tenant with the following notice and acknowledgment:
Notice to Prospective Tenant
The rental unit you are to occupy or the motor vehicle parking area or separate storage facility you are to use (as the case may be) is situated in an area prone to flooding during unusually heavy or prolonged steady periods of rain. Such flooding may damage personal belongings and motor vehicles. Because of this possible loss, you may be eligible for U. S. Government subsidized flood insurance on the personal belongings in your unit. In any event, because of this danger of loss of your personal belongings due to flooding, you may wish to consider acquiring flood insurance which may be purchased from some insurance agents.
Damage to motor vehicles may not be covered by such insurance; therefore you may also wish to determine whether or not you have sufficient motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in this area.
The Baltimore City Department of Planning can provide information pertaining to the susceptibility of this area to flooding. You may wish to contact that Department, at (telephone number), before signing either this acknowledgment or the lease agreement for this rental unit.
Acknowledgment by Prospective Tenant
I acknowledge reading and understanding the foregoing warning concerning flooding. I have been provided time, prior to signing either this acknowledgment or a lease, to contact the Baltimore City Department of Planning concerning the susceptibility of the area around my rental unit to flooding.
Tenant’s Signature
City Code, 1976/83, art. 13, §60
Ord. 82-754
Ord. 14-209
The notice and acknowledgment required by <cite data-path="|13|§9-2">§ 9-2 of this subtitle</cite> shall be in printed form, utilizing bold face type, and set apart from the body of the lease. The acknowledgment shall provide space for a written acknowledgment that the tenant is cognizant of the flood risk.
City Code, 1976/83, art. 13, §61
Ord. 82-754
Ord. 14-209
Where there is a written lease between the landlord and tenant, the notice and acknowledgment required by <cite data-path="|13|§9-2">§ 9-2 of this subtitle</cite> shall be initialed by both parties and attached in a secure manner to the lease.
Where the lease agreement between the landlord and tenant is oral, the notice and acknowledgment required by <cite data-path="|13|§9-2">§ 9-2 of this subtitle</cite> shall be presented to the tenant before his agreeing to the lease.
City Code, 1976/83, art. 13, §62
Ord. 82-754
Ord. 14-209
Any landlord who has received notice from the City or any other governmental agency that the tenant’s unit is within the Floodplain District and who has failed to give the notice and acknowledgment referred to in <cite data-path="|13|§9-2">§ 9-2 of this subtitle</cite> shall be liable for actual damages proximately caused by natural flooding.
City Code, 1976/83, art. 13, §63
Ord. 82-754
Ord. 14-209
Prior to the transfer of title from owner to purchaser of rental units situated in an area prone to flooding during unusually heavy or prolonged steady periods of rain, it shall be a precondition to the payment of the transfer tax imposed by <cite data-path="|28">Article 28</cite>, Subtitle 17 of the Baltimore City Code that the owner file an averment under penalty of perjury stating that he has notified the purchaser in writing of the possibility of such flooding. Such averment shall be filed with the Director of Finance of Baltimore City.
City Code, 1976/83, art. 13, §65
Ord. 82-754
In any civil action resulting from the provisions of this subtitle, the landlord shall bear the burden of proving that the tenant has been provided with the notice required by either § 9-2 or 9-6 of this subtitle, as the case may be.
It shall be a rebuttable presumption that the landlord has satisfied said burden if he can produce said notice with the tenant’s signature affixed thereto.
It shall be a rebuttable presumption that the landlord has satisfied said burden for any tenants who were tenants at the effective date of this subtitle if the landlord can produce a proof of mailing to current tenants of whom the landlord has actual knowledge.
City Code, 1976/83, art. 13, §66
Ord. 82-754
The Mayor and City Council of Baltimore hereby finds and declares that a rental housing shortage presently exists in 2 areas of Baltimore City of emergency proportions which has been caused, in large part, by the conversion of rental housing to condominiums. In addition, at the present time the number of conversions to condominium regimes is accelerating at a rapid rate.
These increasing numbers of conversions exacerbate an already severe shortage of moderate rental housing in the City while the poor economic conditions in the building trades have almost halted the construction of new rental units. As a result, the Mayor and City Council finds that the combination of the conversion of existing rental units and the lack of construction of new rental units has resulted in an extreme scarcity of rental housing in the City and insufficient numbers of rental units available to low and moderate income tenants.
The Mayor and City Council further finds that conversions of rental units has resulted in the displacement of tenants and caused these tenants severe financial and emotional stress in their need to relocate. Studies have shown that elderly and handicapped tenants suffer serious emotional and physical disturbances when they are advised that their buildings are being converted into condominiums.
Accordingly, the Mayor and City Council finds that it is in the interests of the public health, safety and general welfare that the following provisions be added to the existing laws.
City Code, 1976/83, art. 13, §67
Ord. 82-777
The following words have the meanings indicated unless their context requires otherwise.
“Commissioner” means the Commissioner of the Department of Housing and Community Development.
“Condominium” and “condominium regime” mean property established as a condominium regime under <cite data-doc="Md. Code" data-path="grp">Title 11 of the State Real Property Article</cite>.
“Condominium unit” and “unit” mean a 3-dimensional space identified as such in the declaration and on the condominium plat the boundaries of which are established in accordance with Title 11 of the State Real Property.
A unit may include 2 or more non-contiguous spaces.
“Conversion” means the subjection of a property which was previously rental facility to a condominium regime.
“Designated household” shall include a household with a senior citizen who:is at least 60 years old on the date the conversion notice is given, as required by § 11-102.1 of the State Real Property; and
has lived in the household at least 12 months preceding the giving of the notice.
“Developer” means any person who subjects his/her property to a condominium regime.
“Landlord” means:the owner, the owner’s agent, lessor, or sublessor of the dwelling unit or the property of which it is a part; and
in addition, any person authorized to exercise any aspect of the management of the premises except those persons engaged solely in custodial and maintenance functions.
“Real Property Article” means the <cite data-doc="Md. Code" data-path="grp">Real Property Article, Annotated Code of Maryland</cite>.
“Rental facility”:means any structure, or combination of related structures and appurtenances, operated as a single entity, containing 5 or more dwelling units, which the operator thereof provides for; but
may not be construed to mean:any transient facility such as boarding houses, tourist homes, inns, motels, hotels, hospitals, medical facilities, or school dormitories; or
any facilities operated for religious or eleemosynary purposes.
City Code, 1976/83, art. 13, §68
Ord. 82-777
Ord. 22-124
Ord. 22-125
For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.
A developer shall file with the Commissioner of the Department of Housing and Community Development a copy of the notice of intention to create a condominium concurrently with the giving of such notice to tenants under § 11-102.1 of the Real Property Article.
The owner or developer of any property in the City shall give written notice to the Commissioner of the subjection of the property to a condominium regime in the City, concurrently with the recordation of the declaration, by-laws, and condominium plat in the land records of the City under § 11-102 of the Real Property Article.
The owner or developer shall file with the Commissioner concurrently with filing with the Secretary of State under § 11-127 of the Real Property Article, copies as required by Executive Regulation of the public offering statement described in § 11-126 of the Real Property Article, and copies of all amendments thereto.
City Code, 1976/83, art. 13, §69
Ord. 82-777
The provisions of this subtitle shall apply only to the designated areas which are bounded by the following streets, the boundary streets to be included:
The Northwest District is that area bounded by the following streets:
Beginning at the intersection of Roland Avenue and the City line, south on Roland Avenue to the intersection of Roland and Northern Parkway, then west on Northern Parkway to the intersection of Northern Parkway and Western Maryland Railroad and then north along the Western Maryland Railroad right-of-way to the intersection of the right-of-way and the City line.
The Central District is that area bounded by the following streets:
Beginning at the intersection of Charles Street and Wyndhurst, west on Wyndhurst to the intersection of Wyndhurst and Keswick, then south on Keswick to the intersection of Keswick and Cold Spring Lane, then west on Cold Spring Lane to the intersection of Cold Spring Lane and Evans Chapel Road, south on Evans Chapel Road to the intersection of Evans Chapel Road and 41st Street, then east on 41st Street to 40th Street, then east on 40th Street to the intersection of 40th Street and Keswick, then south on Keswick to 39th Street, east on 39th Street to Tudor Arms Avenue, north on Tudor Arms Avenue to the intersection of University Parkway and Tudor Arms Avenue, then south on University Parkway to the intersection of University Parkway and Charles Street, then south on Charles Street to the intersection of Charles Street and Art Museum Drive, west on Art Museum Drive to the intersection of Howard Street and Art Museum Drive, then south on Howard Street to the intersection of Howard and Baltimore Streets, then east on Baltimore Street to the intersection of Baltimore and Guilford Avenue, then north on Guilford Avenue to the intersection of Guilford Avenue and University Parkway, then north on University Parkway to the intersection of University Parkway and Greenway, then north on Greenway to Charles Street, then north on Charles Street to the intersection of Charles and Wyndhurst.
City Code, 1976/83, art. 13, §70
Ord. 82-777
Designated household, as defined in § 11-137 of the Real Property Article, shall be entitled to an extended lease, beyond the 3-year period provided by State law, for a period of no less than 3 additional years. This additional 3-year period shall also apply to any tenant who received a 3-year extension pursuant to State law during the period July 1, 1981 through October 24, 1982.
Any increase in the rental fee for each of these additional 3 years shall not exceed an amount determined by multiplying the annual rent for the preceding year by the percentage increase for the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers (CPI-W)(1967=100), as published by the U.S. Department of Labor, for the most recent 12-month period.
City Code, 1976/83, art. 13, §71
Ord. 82-777
Ord. 84-209
If a conversion to condominium involves substantial rehabilitation or reconstruction of a unit, before a designated household can be required to vacate that unit the developer must obtain certification from the Commissioner of Housing and Community Development that the rehabilitation will constitute a danger to the health and safety of the tenants.
City Code, 1976/83, art. 13, §72
Ord. 82-777
The provisions of this subtitle and of § 11-137 of the Real Property Article shall apply to all rental facilities containing 5 or more units.
City Code, 1976/83, art. 13, §73
Ord. 82-777
Any person subjected to any unlawful practice as set forth in this subtitle may file a complaint in writing with the Commissioner of the Department of Housing and Community Development.
The Commissioner of the Department of Housing and Community Development is hereby authorized and directed to receive complaints filed pursuant to this subtitle and to conduct such investigations and hearings as he deems necessary.
Whenever it is determined by the Commissioner of the Department of Housing and Community Development that there has been a violation of this subtitle the Commissioner is authorized to commence with 1 or more of the following procedures:attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement; or
seek a written assurance of discontinuance which shall be signed by the developer and the Commissioner; or
refer the matter to the City Solicitor for injunctive or other appropriate legal action.
Any owner or developer who violates any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or imprisonment for a period of not more than 6 months, or both.
In addition to any criminal or other penalty herein provided, injunctive or other appropriate action or proceeding to correct a violation of this subtitle may be instituted by the City Solicitor and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate forms of relief.
Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing an appropriate complaint with a court of law or equity.
City Code, 1976/83, art. 13, §74
Ord. 82-777
Effective July 1, 1983 the income eligibility figure applicable to designated households seeking an extended lease under the provisions of this subtitle and of <cite data-doc="Md. Code" data-path="grp|11-137">§ 11-137 of Title 11, the Maryland Condominium Act, of the Real Property Article, Annotated Code of Maryland</cite>, shall be the income eligibility figure prepared annually by the Secretary of State for the Baltimore Standard Metropolitan Statistical Area.
The provisions of this section shall apply throughout the City, whether the dwelling is within or without a designated area as defined in § 10-4 above.
City Code, 1976/83, art. 13, §75
Ord. 83-944