Chapter 26. Housing and Building Maintenance Standards
Article I. General.
Montgomery County, Md., Code § 26-1 (2026)
Sec. 26-1. Purpose.LinkCopy Citation
This Chapter is intended to protect the people of the County against the consequences of urban blight, assure the continued economic and social stability of structures and neighborhoods, and protect the health, safety and welfare of residents, by authorizing the enforcement of:
(a)
minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance, and occupancy for residential properties; and
(b)
minimum standards of repair and maintenance for nonresidential properties.
Montgomery County, Md., Code § 26-2 (2026)
Sec. 26-2. Definitions.LinkCopy Citation
In this Chapter, the following words and phrases have the following meanings unless the context clearly indicates otherwise:
Basement: That portion of a building located below the first floor joists, at least half of whose clear ceiling height is above the mean level of the adjacent ground.
Cellar: That portion of a building located below the first floor joists, at least half of whose clear ceiling height is below the mean level of the adjacent ground.
Chief Administrative Officer or CAO: The Chief Administrative Officer or the CAO’s designee.
Deadbolt lock: A single cylinder bolt lock which:
(a)
operates with a thumb turn from inside and a key from outside the premises, and
(b)
automatically engages when fully thrown and lacks a spring to extend or retract the bolt.
Director: The Director of the Department of Housing and Community Affairs, or the Director’s designee.
Dwelling: Any building which is wholly or partly used or intended to be used for residing, lodging, or sleeping by human occupants. Dwelling includes a mobile home or personal living quarters building. Dwelling does not include temporary housing or a fallout or emergency shelter.
Dwelling unit: Any room or group of rooms located in a dwelling which forms a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. Dwelling unit includes a rooming unit.
Enforcing agency:
(a)
the Department of Housing and Community Affairs;
(b)
any other agency of County government which the Chief Administrative Officer assigns to enforce this Chapter; or
(c)
an applicable municipal agency in any municipality where this Chapter applies.
Exterminate: Control or eliminate insects, rodents, or other vermin by:
(a)
eliminating harborage points;
(b)
removing or making inaccessible materials that may serve as food:
(c)
lawful poisoning, spraying, fumigating, or trapping; or
(d)
any other method approved by an enforcing agency.
Garbage: All organic waste, consisting of the residue of animal, fruit or vegetable matter, resulting from the preparation, cooking, handling, or storage of food, but not including human or animal feces.
Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating. Habitable room does not include any bathroom, water closet compartment, laundry, pantry, foyer, communicating corridor, closet, recreation room, private workshop or hobby room, storage space, or fallout or emergency shelter.
Habitable space: Any space in a dwelling unit or individual living unit except a bathroom, water closet compartment, laundry, pantry, foyer or communicating corridor, closet, recreation room, private workshop or hobby room, storage space, and fallout or emergency shelter.
Individual living unit: A private living accommodation, located in a person living quarters building, which may contain complete sanitation facilities and equipment for incidental food preparation, such as small portable kitchen appliances, but does not contain complete cooking facilities, such as a stove, oven, or similar device.
Infestation: The presence, in or around a dwelling, of any insect, rodent, or other vermin.
Mobile home: A structure, transportable in one or more sections, which:
(a)
is at least 8 body feet wide and 32 body feet long;
(b)
is built on a permanent chassis;
(c)
is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities;
(d)
includes plumbing, heating, air-conditioning, and electrical systems; and
(e)
is used for living or sleeping by human occupants for more than 90 days, or more than 30 consecutive days, in any calendar year.
Multiple dwelling: Any dwelling containing 2 or more dwelling units.
Nonresidential structure: Any structure or part of a structure used for purposes other than human habitation, and its premises.
Occupant: Any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit, rooming unit, or individual living unit.
Owner: Any person who, alone or jointly or severally with any other person:
(a)
has legal title to any dwelling or dwelling unit, with or without having actual possession of the unit; or
(b)
has charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.
Personal living quarters building: Any building or portion of a building containing at least 6 individual living units which must have cooking facilities that the residents may share, and which may also have shared sanitation facilities.
Plumbing: The following facilities and equipment: gas pipe, gas-burning equipment, water pipe, garbage disposal unit, waste pipe, water closet, sink, installed dishwasher, lavatory, bathtub, shower bath, installed clothes-washing machine, catch basin, drain, or vent; any similar supplied fixture; and all connections to a water, sewer, or gas line.
Public nuisance: Any dwelling, dwelling unit, or nonresidential structure, or any part of any of them, that is:
(a)
a threat or hazard to the health and safety of the community, including any vacant unsecured building, unprotected or abandoned well, open shaft, open basement, excavation, unsafe fence, unsafe stairway, or unsafe step;
(b)
unsanitary, littered with rubbish or garbage, used for outdoor storage or abandonment of appliances for more than 48 hours or equipment which poses a threat of injury or danger to life;
(c)
severely deteriorated, dilapidated, structurally unsafe, or fire-damaged;
(d)
not equipped with properly functioning sanitary sewage and plumbing facilities;
(e)
creating a condition that would or could result in substantial damage to another property;
(f)
unsafe or unhealthful to any occupant, neighbor, employee, visitor, guest, or tradesman; or
(g)
creating a visual blight.
Recreational vehicle: A vehicle or attachment to a vehicle which is primarily designed as temporary living quarters. A recreational vehicle may have its own motive power or be mounted on or towed by another vehicle. Recreational vehicle includes a travel trailer, camping trailer, truck camper, or motor home.
Rooming house: Any dwelling, or that part of any dwelling, which contains one or more rooming units, in which space is let or offered by the owner to 2 or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner.
Rooming unit: Any room or group of rooms which forms a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating.
Rubbish: All refuse, combustible or noncombustible, except garbage. Rubbish includes any debris from building construction or reconstruction, dead tree, uprooted tree stump, rubble, street refuse, disabled machinery, bottle, can, waste paper, cardboard, sawdust pile, slash from sawmill operations, or other waste material.
Security measure: A device, action, or precaution, approved by regulation, designed to protect against another person’s entry into a dwelling unit without permission. Security measure includes a key control program, changing cylinder or pin settings between tenancies, and any device such as a deadbolt lock, cane bolt, header and threshold bolt, viewer, window lock or pin, charlie bar, or track lock.
Shelter, fallout or emergency: A structure or part of a structure intended to protect human life from nuclear fallout, enemy action, storm, or a like emergency.
Structure: Something which is built or constructed, including a part of a structure.
Supplied: Paid for, furnished or provided by or under the control of an owner.
Temporary housing: Any tent, recreational vehicle, or similar structure which is used for human shelter for not more than 90 days, nor more than 30 consecutive days, in any calendar year and complies with all applicable laws and regulations.
Transient lodging facility: An Establishment defined and licensed under Chapter 54.
Unused vehicle: A motor vehicle or trailer in, on, or by which any person or property may be transported on a public street, that is:
(a)
inoperable or, if operable, not currently registered by a government agency which registers vehicles of that type in Maryland, and
(b)
not completely enclosed in a garage or other building.
An unused vehicle does not include any farm equipment which is kept on a property of 2 or more acres on which crops are grown and harvested, and which is used to grow and harvest crops.
Ventilation: The process of supplying air to, or removing air from, any space by natural or mechanical means.
Visual blight: Keeping, storing, scattering over, or accumulating any of the following which can be viewed at ground level from a public right-of-way or from neighboring premises:
(a)
rubbish, lumber, packing materials, or building materials;
(b)
abandoned, discarded or unused object or equipment, including any furniture, appliance, can or container, automobile part or equipment;
(c)
abandoned, disabled, dismantled, or unused vehicle or part of a vehicle; or
(d)
pile of dirt, mulch, sand, gravel, concrete, or other similar construction materials.
Visual blight also includes any other condition or use of a building or surrounding land which because of its appearance, viewed at ground level from a public right-of-way or from neighboring premises, is likely to reduce the value of nearby property. Visual blight does not include building or construction materials intended to be used for any repair or renovation activity for which a building permit was issued and has not expired, and stored for the time reasonably necessary to promptly complete the work for which the permit was issued.
Workmanlike: Executed in a skilled manner; for example, general plumb, level, square, in line, undamaged, and without marring adjacent work.
The words dwelling, dwelling unit, personal living quarters, rooming house, rooming unit, or transient lodging facility include any part of each and the premises of each.
Montgomery County, Md., Code § 26-3 (2026)
Sec. 26-3. Applicability; exemptions.LinkCopy Citation
(a)
Residential. An owner and any occupant of a dwelling, individual living unit, or rooming unit must comply with all applicable provisions of this Chapter. An owner must not occupy, or initially let to any other occupant, any vacant dwelling, individual living unit, or rooming unit unless it complies with all applicable provisions of law.
(b)
Exemptions. This Chapter does not apply to any sanitarium, hospital, nursing home, care home, child day care center, or similar institutional facility which is operated under a license issued by a state or County agency.
(c)
Nonresidential. Each owner of a nonresidential property must comply with all applicable provisions of this Chapter.
Montgomery County, Md., Code § 26-4 (2026)
Sec. 26-4. Compliance with other laws.LinkCopy Citation
(a)
Other County laws apply. In addition to this Chapter, each owner of property must also comply with any property and structure maintenance requirements in Chapter 8, Chapter 17, Chapter 22, Chapter 29, Chapter 48, Chapter 58, and Chapter 59.
(b)
Historic properties. If an enforcement action taken under this Chapter would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or which is listed on the locational atlas and index of historic sites maintained by the Planning Board, the enforcing agency must apply for a historic area work permit under Section 24-7 or a permit under Section 24A-10, whichever applies, before the enforcing agency removes the building or structure, substantially alters its exterior features, or contracts to do either.
c) Conflict of laws. If any provision of this Chapter conflicts with any other County, municipal, state, or federal law, the more stringent law applies.
Montgomery County, Md., Code § 26-5 (2026)
Sec. 26-5. Space, use, and location.LinkCopy Citation
The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a)
Floor area, dwelling unit. Every dwelling unit must contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor area for every additional occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(b)
Floor area, sleeping. In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes by one occupant must contain at least 70 square feet of habitable space, and every room occupied for sleeping purposes by more than one occupant must contain at least 50 square feet of habitable space for each occupant. However, in a mobile home every room occupied for sleeping purposes by one occupant must contain at least 50 square feet of habitable space; by 2 occupants, at least 70 square feet of habitable space; and by more than 2 occupants, at least an additional 50 square feet of habitable space for each additional occupant.
(c)
Floor area, individual living unit. Each individual living unit must contain at least 150 square feet of floor area for each occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(d)
Ceiling height. At least one-half of the floor area of every habitable room must have a ceiling height of at least 6 feet 8 inches, except that a beam, girder, duct or other obstruction may project to within 6 feet 4 inches of the finished floor.
(e)
Cellar space. Cellar space must not be used as habitable space without written permission from an enforcing agency.
(f)
Basement space. Basement space must not be used as habitable space unless, in addition to all other requirements of this Chapter:
(1)
the floor and walls and are impervious to leakage of underground and surface runoff water and insulated against dampness; and
(2)
the minimum aggregate glass area of windows required by this Chapter is located entirely above the grade of the ground adjoining the window area.
(g)
Access to sleeping room. The access to any sleeping room must not pass through another sleeping room.
(h)
Privacy. Each dwelling unit and individual living unit must be arranged to provide privacy, with doors and floor to ceiling walls.
Montgomery County, Md., Code § 26-6 (2026)
Sec. 26-6. Basic equipment and facilities.LinkCopy Citation
All equipment and facilities must be properly installed, maintained, and kept in good repair. The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a)
Electric service. Where electric service is available from power lines which are not more than 300 feet away, each dwelling, dwelling unit, personal living quarters, transient lodging facility, and all public and common areas must be supplied with electric service, outlets and fixtures which are properly installed, maintained in good and safe working condition, and connected to the source of electric power in a manner consistent with applicable County regulations. The capacity of the services and the number of outlets and fixtures must meet the following requirements:
(1)
Every habitable room must have an electric service and outlets or fixtures, or both, capable of providing at least 3 watts per square foot of floor area.
(2)
Every habitable room must have at least one floor or wall electric convenience outlet for each 60 square feet of floor area, and in no case less than 2 outlets.
(3)
Every water closet compartment, bathroom, laundry room, furnace room and public hall must contain at least one supplied ceiling or wall electric light fixture.
(4)
Every cooking area must be supplied with at least one circuit rated for at least 20 ampere service capacity.
(5)
Circuit breakers, fuses and other circuit protection devices must:
(A)
not exceed the rated capacity of the circuit; and
(B)
be sufficient for normal household use.
(6)
Each individual room air conditioning unit, regardless of its current rating, must be served by not less than an individual 20-amp circuit using No. 12 copper wire which terminates in a single receptable.
(b)
Water and sewer service.
(1)
All plumbing fixtures and systems must be installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.
(2)
Any dwelling unit on property where Washington Suburban Sanitary Commission water or sewer service is not available and a private water supply and sewage disposal system cannot be legally installed may receive a waiver under conditions set by regulation.
(3)
In mobile homes, plumbing systems must be protected from freezing.
(c)
Kitchen.
(1)
Every dwelling unit and personal living quarters building must contain a room or space with the following equipment and facilities to store, prepare, and cook food:
(A)
cooking and baking facilities;
(B)
storage cabinets;
(C)
a refrigerator and freezer (compartment or separate unit) for perishable food storage. Each refrigerator must be capable of maintaining a temperature below 45 degrees Fahrenheit. Each freezer or freezer unit must be capable of maintaining a temperature between 6 and 12 degrees Fahrenheit;
(D)
a kitchen sink in good working condition, properly connected to a hot and cold running water system under pressure and an approved sewer system.
(2)
Any cooking equipment which is installed in every individual living unit in a personal living quarters building need not be installed in a shared kitchen. However, an individual living unit must not be equipped with complete cooking facilties.
(3)
The owner of a rooming house must post in each occupied rooming unit a sign stating “No Cooking Permitted in This Room” in letters at least inch high.
(d)
Bathroom. Each dwelling unit, personal living quarters building, and transient lodging facility must be equipped with a complete bathroom fixture group, consisting of a flush water closet, lavatory basin, and bathtub or shower in good working condition, installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.
(1)
The bathroom fixture group must be properly connected to an approved sewage disposal system and an approved hot and cold running water system under pressure, except that the flush water closet must be connected to an approved sewage disposal system and an approved cold running water system under pressure.
(2)
The flush water closet, lavatory basin, and bathtub or shower need not be installed in the same room, but the room where any of them is installed must afford privacy to a person in that room. A flush water closet and lavatory must be accessible from each bedroom without passing through another bedroom.
(3)
Every personal living quarters building and every transient lodging facility that does not contain a flush water closet, lavatory basin, and bathtub or shower in each individual living unit must contain shared facilities, located in the building and accessible to all occupants from common halls or passageways. At least one flush water closet, lavatory basin, and bathtub or shower must be installed for each 6 occupants or fraction of 6. In a transient lodging facility where rooms are let only to males, flush urinals may be substituted for not more than half the required water closets.
(e)
Rubbish and garbage storage. Each dwelling unit, personal living quarters, and transient lodging facility must be supplied with adequate rubbish storage facilities and with adequate garbage disposal facilities or garbage storage containers as required by Chapter 48.
(f)
Additional requirements for certain mobile homes. Each mobile home, except a mobile home located in a licensed mobile home park, must be:
(1)
placed on a permanent foundation which meets the requirements of Chapter 8; and
(2)
securely tied down with ties and ground anchors which meet the requiremetns of Chapter 8.
Montgomery County, Md., Code § 26-7 (2026)
Sec. 26-7. Light, ventilation and heating, temperature control.LinkCopy Citation
The owner of each dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a)
Natural light. Each habitable room must contain windows, skylights, shutters, monitors, glazed doors, transoms, glass block panels, or other light transmitting media open to the sky or to a public street, yard or court which comply with the requirements for lighting in Chapter 8.
(1)
When windows and exterior doors are used to provide natural light and ventilation, their aggregate glass area must be at least 8 percent of the floor area of each habitable room.
(2)
If walls or other portions of structures face a window of any habitable room and are located less than 3 feet from the window and extend above the ceiling of the room, the window must not be included in the required minimum total window area.
(3)
If the only window in a room is a skylight in the ceiling, the minimum aggregate glass area of the skylight must be at least 15 percent of the floor area of the room.
(4)
Alternate arrangements of windows, doors or other methods that will provide the equivalent minimum light performance as prescribed in Chapter 8 may be used, but every individual living unit must have at least one window which aggregate glass area greater than 4 percent of the floor area of all rooms in the individual living unit.
(b)
Artificial light. Each common hallway and stairway in a multiple dwelling and personal living quarters building must be adequately lighted with lighting facilities sufficient to provide at least 3 foot-candles of light at the floor or stair tread level at all times. Each common hallway and stairway in a structure devoted solely to dwelling occupancy and containing not more than 4 dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(c)
Ventilation. Each habitable room must provide adequate ventilation that meets the minimum standards prescribed in Chapter 8.
(1)
When ventilation is provided by windows and exterior doors, the total of the openable window or door area in each habitable room must be at least 45 percent of the minimum aggregate glass area of the window or skylight as required in subsection (a) or 4 percent of the floor area of every habitable room.
(2)
Every window or opening to outdoor space, used or intended to be used for ventilation, must be supplied with screens or other method of insect control approved by the Director.
(3)
Every window used or intended to be used for ventilation, and every other opening in any dwelling which might provide an entry for rodents, must be supplied with a screen or other device which effectively prevents their entrance.
(d)
Light and ventilation for bathrooms. Each bathroom and water closet compartment must comply with the light and ventilation requirements in Chapter 34 or applicable plumbing regulations of the Washington Suburban Sanitary District.
(e)
Space and water heating. Each dwelling or dwelling unit, personal living quarters building, and transient lodging facility must be supplied with space and water heating facilities which are properly installed and are maintained in safe and good working condition. Either central or space heating may be used, but each must meet the following requirements:
(1)
Central heating. Each central heating unit or central hot water heating unit must:
(A)
have each heat duct, steam pipe, or hot water pipe free of leaks and functioning properly to provide a sufficient amount of heat and hot water to the intended place of delivery;
(B)
be equipped with seals between sections of hot air furnaces to prevent the escape of toxic gases into heat ducts;
(C)
if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(D)
be provided with automatic safety devices which are installed and operated as required by applicable County regulations.
(2)
Space heating; hot water. Each space heating or hot water unit must:
(A)
not use gasoline as a fuel;
(B)
not be manufactured or designed to be portable if the unit uses solid, liquid, or gaseous fuel;
(C)
if the unit uses a flame, be connected to a flue or vent as required by applicable County regulations;
(D)
if the unit uses gaseous fuel, be connected with a non-flexible metal tubing;
(E)
if the unit uses solid or liquid fuels, have a fire resistant panel beneath it;
(F)
be located at least 2 feet away from any wall, or be equipped with insulation sufficient to prevent the overheating of any wall as prescribed by applicable standards of the American National Standards Association or the National Fire Protection Association;
(G)
if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(H)
be installed and operated as required by applicable County regulations.
(3)
Temperature control - space heating.
(A)
Each owner of a dwelling unit or individual living unit where the heat is not under the control of the tenant must maintain a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(B)
Each owner of a dwelling unit or individual living unit where the heat is under the control of the tenant must provide in working condition heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(C)
If the thermostat or other mechanism governing the heat in more than one dwelling unit in a multiple dwelling or individual living unit in a personal living quarters building is located in a dwelling unit or individual living unit where the occupant of that unit controls the heat delivery to other dwelling units or individual living units, the owner must provide each tenant with an emergency phone number to directly contact a person who has 24-hour access to adjust the heat and who will adjust the heat within 2 hours.
(4)
Temperature control - hot water. Water-heating facilities necessary to provide hot water required by this Chapter must be capable of heating water to a temperature that permits a sufficient amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees or more than 140 degrees Fahrenheit. The supplied water-heating facilities must be capable of meeting applicable water heat requirements when heating facilities required under this Chapter are not operating.
(f)
Temperature control – air conditioning in rental housing.
(1)
For purposes of this subsection, rental housing has the meaning stated in Section 29-1, except that rental housing does not include:
(A)
a detached single-family home; or
(B)
a dwelling unit located on a site listed in the National Register of Historic Places.
(2)
Except as provided in paragraph (3), between June 1 and September 30:
(A)
Each owner of rental housing where the cooling is not under the control of the tenant must maintain a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(B)
Each owner of rental housing where the cooling is under the control of the tenant must provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(C)
An owner of rental housing must provide a tenant an emergency phone number to directly contact a representative, with 24-hour access to adjust the thermostat, if the cooling system is incapable of maintaining the temperature required under paragraph (2)(A) and (2)(B) of this subsection.
(3)
A landlord may apply for, and the Director may grant, an extension of up to six months to comply with the requirements of this Section if the Director finds that:
(A)
the landlord must make electrical upgrades to the rental housing to comply with the requirements; and
(B)
making the upgrades would cause financial hardship to the landlord.
(4)
This subsection must not be construed to permit any violation of a fire safety requirement under Section 26-8(a).
Sec. 3. Impairment of Leases. This Act must not be construed to invalidate or impair a lease in effect on the effective date of the Act.
Sec. 4. Financing. The Executive must, subject to appropriation and applicable law, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the requirements of this Act.
Montgomery County, Md., Code § 26-8 (2026)
Sec. 26-8. Fire safety and security.LinkCopy Citation
(a)
Fire safety - means of escape.
(1)
Each dwelling unit, individual living unit, and rooming unit must have a safe, unobstructed means of escape leading to safe and open space at ground level, as required by Chapters 8 and 22.
(2)
Each mobile home must have at least 2 exit doors which provide a means of unobstructed escape and are located at a sufficient distance from each other to assure safe escape from any part of the mobile home in a fire or emergency. Each exterior mobile home door must:
(A)
be constructed for exterior use;
(B)
open outward;
(C)
be capable of being opened from the inside by the use of a lever, knob, button, handle, or other device which does not require a key for operation from the inside; and
(D)
provide a 26-inch wide clear opening, unless otherwise permitted as an emergency exit only.
(3)
Each room in a mobile home designed expressly for sleeping purposes, unless it has an exit door, must have at least one outside window which:
(A)
can be opened from the inside without using tools;
(B)
has a clear opening of not less than 22 inches in the least dimension and 5 square feet in area, with the bottom of the opening not more than 4 feet above the floor; and
(C)
if supplied with a screen or storm window, must have the screen or storm window readily removable without using a tool.
(b)
Fire safety - smoke detectors.
(1)
The owner of each occupied dwelling unit must provide smoke detectors in that dwelling unit as required by Section 22-96 and Section 17-37.
(2)
Where an enforcing agency finds that smoke detectors have not been properly installed or maintained in working order, the agency must promptly report this fact to the Fire and Rescue Service or notify the nearest fire station.
(c)
Doors off common areas, multi-family dwellings. Any door in a multi-family dwelling which opens onto an exit access corridor must be self-closing and self-latching, and must have a minium 20-minute fire protection rating under the applicable fire safety provision.
(d)
Security in multiple dwelling units and personal living quarters buildings.
(1)
Each owner of a rental dwelling unit in any multiple dwelling or of a personal living quarters building must supply, install and maintain locks and other security measures for doors and windows.
(2)
A person must not replace or alter any keyed lock, or place a new lock on the entrance of a dwelling unit, without first providing both the tenant and owner of that dwelling unit with a suitable functional key to operate the lock. A tenant must obtain permission from the owner, in writing, before installing a lock.
(3)
(A)
Every owner of a personal living quarters building or 2 or more contiguous rental dwelling units must alter the required deadbolt locks on all affected dwelling unit, personal living quarters, and individual living unit entrance doors between tenancies to protect against misuse of a master key or if the enforcing agency notifies the owner that the agency has reason to believe that a master key has been lost or stolen or is being used in the commission of a crime.
(B)
The owner must restrict access to any master key, or any other key which operates more than one key cylinder. Every master key must be accounted for at all times. Master key records must be available for inspection by the enforcing agency or the police department during normal business hours.
(4)
Door locks.
(A)
Each swinging entrance and exit door to a personal living quarters building, individual living unit, or rental dwelling unit must have a deadbolt lock with a minimum one-inch throw, or another acceptable
security device. Security measures other than the manufacturer’s latch are not required for a door which only allows access to a balcony located at least 3 stories above the ground.
(B)
Each sliding, double, french or paired exterior door less than 3 stories above the ground must be installed and maintained to protect the door from sliding or being pried out of its track, or forced open when locked. One door of each sliding door structure must be stationary and secured in place by screws or pins.
(5)
Viewers. A viewer must be installed in each entrance or exit door to an individual living unit or rental dwelling unit, but a viewer need not be installed if a window, vision panel, or similar transparent device is located within 2 feet of the door and faces the external area in front of the door.
(6)
Windows. Each openable window in an exterior wall of a rental dwelling unit, personal living quarters building, or individual living unit that is located within reach of the ground or any adjacent surface must be constructed and maintained to protect it from being opened from the outside and from being pried out of its frame or track.
(7)
Other locks required. The owner of each multiple dwelling with rental dwelling units or personal living quarters building must lock any access panel to a roof, attic, crawl space, storage area, and any other area which is not used daily.
(e)
Security in other rental dwelling units. Each owner of any rental dwelling unit must supply, install, and maintain a lock for every door to the outside, and each door must close securely. The owner must supply the tenant with a key which will operate the lock from the outside, and the lock must operate by a thumb turn from the inside. A comparable lock may be substituted on any door with a thin frame.
(f)
Address number. Each dwelling must be numbered as required in Section 22-97. Each individual unit in a dwelling must be numbered.
Montgomery County, Md., Code § 26-8A (2026)
Sec. 26-8A. Carbon monoxide alarm or detector required.LinkCopy Citation
(a)
Applicability. The provisions of this Section apply to any occupied single-unit, two-unit, and townhouse unit, as defined in Chapter 59, for which a building permit was issued before January 1, 2008.
(b)
Required.
(1)
The owner of each occupied single-unit, two-unit, and townhouse dwelling unit containing a fuel burning appliance or attached garage must install carbon monoxide detection and warning equipment.
(2)
Carbon monoxide alarms or detectors must be installed as follows:
(A)
outside of each separate dwelling unit sleeping area and in the immediate vicinity of the bedrooms; and
(B)
on every occupiable level of a dwelling unit, including basements, excluding attics and crawl spaces.
(3)
A carbon monoxide alarm or detector must:
(A)
be located on the wall, ceiling, or other location as specified in the manufacturer’s published instructions that accompany the unit; and
(B)
be installed and maintained under NFPA 720.
(c)
Equipment.
(1)
Single station carbon monoxide alarms.
(A)
A single station carbon monoxide alarm must be battery operated or must receive its primary power from the building wiring system.
(B)
A plug-in device may satisfy this requirement if it is securely fastened to the structure and installed as directed by the manufacturer’s installation instructions.
(C)
A hard wired or plug-in carbon monoxide alarm must be equipped with battery back-up.
(2)
Combination smoke detector/carbon monoxide alarms.
(A)
A carbon monoxide alarm may be combined with a smoke detector if the device complies with this Section, Section 22-96, and applicable State law.
(B)
A combination smoke detector/carbon monoxide alarm must receive its primary power from the building wiring when that wiring is served from a commercial source, and when primary power is interrupted, must receive power from a battery.
(C)
A combination smoke detector/carbon monoxide alarm must have permanent wiring. The only disconnecting switch allowed is that which is required for over-current protection. Smoke alarm features of a combination smoke detector/carbon monoxide alarm must be interconnected.
(d)
Exceptions. A dwelling unit that does not itself contain a fuel-burning appliance or have an attached garage, but is located in a building with a fuel-burning appliance or an attached garage, does not need to be equipped with a carbon monoxide alarm if:
(1)
the sleeping unit or dwelling unit is located more than one story above or below any story which contains a fuel-burning appliance or attached garage;
(2)
the sleeping unit or dwelling unit is not connected by ductwork or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and
(3)
the building is equipped with a common area carbon monoxide alarm system, which includes carbon monoxide detectors and audible notification appliances, installed and maintained in a manner that satisfies this Section and NFPA 720.
(e)
Orders to install; penalty.
(1)
If an enforcing agency finds that a dwelling unit does not have a carbon monoxide detector as required under this Section, the enforcing agency must order the owner to install a carbon monoxide alarm or detector under Section 26-12.
(2)
Notwithstanding Section 26-16, a violation of this Section is a Class C violation.
Montgomery County, Md., Code § 26-9 (2026)
Sec. 26-9. Maintenance of dwelling units.LinkCopy Citation
Unless otherwise stated, the owner of each dwelling or dwelling unit must assure compliance with the following standards at all times. All installation, repair, and replacement must be performed in a workmanlike manner and with materials having properties and qualities substantially equal to or better than the original materials.
(a)
Basic requirements.
(1)
Each structure must be maintained in good repair.
(2)
Each window, door, and hatchway must be maintained in sound working condition.
(3)
In any renovation, addition or new construction of a dwelling or other structure on the premises, the owner must complete each exterior surface, including windows, wall siding, and roof within one year after the building permit was first issued, or within one year after construction started if no building permit was required. This subsection does not apply to any dwelling containing more than 4 dwelling units.
(4)
Each supplied facility, piece of equipment, or utility which is required under this Chapter must be constructed or installed so that it will function safely and effectively, and must be maintained in satisfactory working condition.
(5)
Each owner of a multiple dwelling or personal living quarters building must maintain:
(A)
the shared or common area of the land and buildings in clean and sanitary condition; and
(B)
all equipment and facilities in laundry rooms and other shares spaces in clean condition and good working order.
(6)
Each occupant of a dwelling, dwelling unit, or individual living unit must maintain in safe and sanitary condition that part of the dwelling, dwelling unit, individual living unit, and premises which the occupant occupies and control.
(7)
An owner or occupant must not cause any service, facility, equipment, or utility which is required by this Chapter to be removed or discontinued for any occupied dwelling, except for a temporary interruption that is necessary while repairs or alterations are actually taking place, or during a temporary emergency when discontinuance of service is approved by an enforcing agency. If a rental dwelling unit or individual living unit is not equipped with a separate meter for a utility, the owner must make sufficient utility payments to prevent the utility service from being discontinued.
(8)
All rubbish and garbage must be stored and maintained in approved containers as required by Chapter 48. Rubbish and garbage must not remain outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.
(A)
The owner must provide a sufficient number of containers for storage of rubbish and garbage to prevent overflow and must maintain the containers as required by Chapter 48.
(B)
Each occupant of a dwelling, dwelling unit, or individual living unit must dispose of all rubbish and garbage in a clean and sanitary manner by placing it in appropriate containers as required by Chapter 48.
(9)
Each occupant of a dwelling containing a single dwelling unit must exterminate any insects, rodents, or other vermin in or on the premises. Each occupant of a dwelling unit or individual living unit in a dwelling containing more than one unit must exterminate if that unit is the only infested unit. The owner must exterminate if the infestation:
(A)
includes more than one unit or the shared or common areas of a dwelling, or
(B)
was caused by the owner’s failure to maintain the dwelling in a rat-proof or reasonably insect-proof condition.
(10)
The exterior surfaces of each structure and the interior surfaces of all common areas in each multi-family dwelling must be maintained free of graffiti, as defined in Section 32-12A.
(11)
All water must be drained and conveyed from every roof and paved surface so it does not cause dampness in any wall, ceiling or floor.
(12)
Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent the nuisance from reoccurring.
(13)
A person must not store any unused vehicle on residential property for more than 30 days unless a person living in the household has received an extension under Section 26-17A.
(b)
Exterior.
(1)
Each foundation, floor, wall, ceiling, and roof must be reasonably weather-tight, water-tight, rodent-proof, free from foreign matter, and capable of affording privacy.
(2)
Each window, exterior door, and hatchway must be reasonably weather-tight, water-tight, and rodent-proof. Each occupant must hang all window screens unless the owner has agreed to do so.
(3)
All exterior surfaces must be adequately protected from water seepage and against decay. All exterior surfaces must be free of flaking, peeling, or loose paint.
(4)
The owner must maintain the paved or gravel surface of each entry apron, driveway, sidewalk and walkway, parking lot, and patio in good, serviceable, and safe condition.
(5)
Each lawn and other land not covered by a structure must be reasonably free of erosion or gullying. Any grass or weeds must not be allowed to grow more than 12 inches high where required by Chapter 58. Shrubbery, trees, vines, hedges, and other vegetation, including dead trees and branches, must be maintained so they do not pose a danger to health or safety.
(A)
The owner of a multiple dwelling or personal living quarters, the owner of a vacant building, each occupant of a single-family dwelling, and any occupant of a dwelling unit in a multifamily dwelling who controls a lawn or yard area, must keep grass and weeds below any required height limit.
(B)
The owner must keep the premises free of erosion or gullying and replace damaged ground cover.
(C)
The owner must maintain shrubbery, trees, vines, hedges, and other vegetation.
(6)
Each owner must direct any exterior lighting away from the windows of any adjacent dwelling unit or individual living unit.
(c)
Interior.
(1)
Each plumbing fixture and water and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. Each occupant of a dwelling unit or individual living unit must maintain all plumbing fixtures in the unit in a clean and sanitary condition and must exercise reasonable care in their use and operation.
(2)
Each water closet compartment floor surface and bathroom floor surface must be constructed and maintained reasonably impervious to water and to permit the floor to be easily maintained in a clean and sanitary condition.
(3)
All walls, ceilings, floors, interior woodwork, doors and windows must be maintained in sound condition and good repair, and free of flaking, peeling, or loose paint. Only lead-free paint may be used.
(4)
The owner of a rental dwelling unit or individual living unit must repaint the painted interior surfaces of the unit:
(A)
(i)
if after the third year of tenancy, the paint is stained, or is not intact and cleanable; and
(ii)
this condition is not due to tenant abuse; and
(B)
at least every 5 years.
Any painting required under this subsection may be postponed for 5 years or until a change in occupancy, whichever occurs first, if an occupant certifies that all occupants do not want the unit to be painted at the scheduled time.
(5)
All floor coverings must be in good repair and sanitary condition.
Montgomery County, Md., Code § 26-10 (2026)
Sec. 26-10. Maintenance of nonresidential property.LinkCopy Citation
The owner of each nonresidential property, including any property converted from residential use, must comply with the following requirements:
(a)
Grounds maintenance. Each lawn or other land not covered by a structure must be properly maintained reasonably free of erosion, gullying, and missing ground cover. All weeds and grass must be cut periodically, and must not grow more than 12 inches high when required by Chapter 58. Lawns, shrubbery, trees, vines, hedges, dead trees or branches, and other vegetation must be maintained so they do not endanger public health or safety.
(b)
Structure maintenance. Each structure must be structurally sound and maintained in good repair. Each surface exposed to the elements and susceptible to deterioration must be painted or provided with a suitable, weather-resistant protective coating sufficient to prevent deterioration.
(c)
Exterior surfaces. Each exterior surface and appurtenance, such as a wall, window, door, roof, canopy, step, walkway, planter box, or sign, must be maintained in good condition, with materials having properties and qualities substantially equal to the original materials, and substantially free from damage and deterioration. Each exterior surface must be maintained free of flaking, peeling, or loose paint, and graffiti as defined in Section 32-12A.
(d)
Rubbish and garbage. All rubbish and garbage must be stored in approved containers as required by Chapter 48. The owner and each tenant of a nonresidential structure are both responsible for providing sufficient rubbish and garbage containers to prevent overflow, and for maintaining the premises as required by Chapter 48. Litter, rubbish, refuse, and garbage must not remain on the property outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours. An owner or tenant of any nonresidential property must not let trash, litter, or rubbish be carried to or deposited on any street, sidewalk or other public or private property.
(e)
Paved surfaces. The paved and gravel surfaces of each entry apron, driveway, sidewalk, and parking lot must be maintained in good, serviceable, and safe condition.
(f)
Public nuisance. Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent its reoccurrence.
Montgomery County, Md., Code § 26-11 (2026)
Sec. 26-11. Inspections; warrants; right of entry of inspectors and owners.LinkCopy Citation
(a)
Inspection by agency. An enforcing agency may inspect the condition of any dwelling, nonresidential structure, and other premises to safeguard the health and safety of occupants and the public.
(b)
Administrative search warrant. The enforcing agency may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises regulated under this Chapter to conduct a code enforcement inspection.
(c)
Application for warrant. The applicant for the warrant must, in writing and under oath, particularly describe the premises to be searched and the nature, scope, and purpose of the proposed search.
(d)
Grounds for issuance. A judge may issue the warrant if the judge finds that:
(1)
the applicant is authorized or required by law to make the inspection;
(2)
the applicant has demonstrated that the inspection of the premises is sought:
(A)
as a result of evidence of an existing violation of this Chapter or other law; or
(B)
as a result of a general and neutral administrative plan to conduct fire inspections or a condition of a rental property license which authorizes periodic inspections;
(3)
the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort the applicant has been unable to contact any of these individuals for oral communication; and
(4)
the inspection is sought for health, safety, and general welfare related purposes.
(e)
Described premises. An administrative search warrant issued under this Section must describe the premises to be searched. The inspection must not exceed any limit specified in the warrant.
(f)
Time period. An administrative search warrant issued under this Section must be executed and returned to the judge who issued it not later than:
(1)
the time specified in the warrant, which must not exceed 30 days; or
(2)
if no time period is specified in the warrant, 15 days after it is issued.
(g)
Information confidential. Any information obtained under an administrative search warrant is confidential and must not be disclosed, except:
(1)
in an administrative or judicial proceeding arising out of a violation relating to the purpose for which the warrant was issued and within the scope of the warrant; or
(2)
to an owner or occupant of the premises.
(h)
Access. Each occupant of a dwelling or nonresidential structure must give the owner access to the dwelling or nonresidential structure at all reasonable times to make repairs or alterations or take other action necessary to comply with this Chapter or an order issued under this Chapter.
(i)
Determination of lead agency. When a violation of this Chapter also falls under the jurisdiction of another County department or office, the Chief Administrative Officer must determine which agency will investigate possible violations and enforce this Chapter.
Montgomery County, Md., Code § 26-12 (2026)
Sec. 26-12. Notice of violation; order to comply.LinkCopy Citation
If an enforcing agency finds a violation of this Chapter, except for occupancy of a condemned dwelling or dwelling unit under Section 26-13(c), the enforcing agency may order action to be taken and, if it so orders, must notify the person responsible. The notice and order must:
(a)
be in writing;
(b)
describe in general terms a remedial action which, if taken, will achieve compliance with this Chapter;
(c)
specify a reasonable time to perform any required action;
(d)
be served on the owner or occupant as the order requires. A notice and order is properly served if:
(1)
a copy is served personally;
(2)
a copy is sent by certified mail to the last known address of the owner or occupant;
(3)
a copy is posted in a conspicuous place on or near the dwelling affected by the notice; or
(4)
the owner or occupant is served by any other method authorized by state law.
(e)
also be sent to the Historic Preservation Commission if any affected building or structure:
(1)
has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or
(2)
is listed on the locational atlas and index of historic sites published by the Planning Board.
Montgomery County, Md., Code § 26-13 (2026)
Sec. 26-13. Designation of unfit dwellings and unsafe nonresidential structures; condemnation.LinkCopy Citation
(a)
Standards for condemnation. The enforcing agency may condemn as unfit for human habitation any individual living unit, dwelling, or dwelling unit or its premises, or as unsafe for human occupancy or use any nonresidential structures or its premises, which:
(1)
is entirely or partly so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;
(2)
lacks, entirely or party, illumination, ventilation, heating, water supply, or sanitation facilities, as required by this Chapter;
(3)
is, because of its general condition, unsanitary or otherwise dangerous to the health or safety of the occupants or the public;
(4)
contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container, or other equipment, on the premises or in the structure which is in disrepair or a condition that the Director finds presents a hazard to the life, health, property, or safety of the occupants or the public;
(5)
(A)
is vacant and unoccupied for the purpose for which it was built;
(B)
has remained substantially in that condition for at least one year; and
(C)
has been cited for 5 or more violations of this Chapter, none of which has resulted in a ‘not guilty’ finding by a court; or
(6)
is a public nuisance.
(b)
Notice required. The enforcing agency must attempt to notify the owner of each individual living unit, dwelling or dwelling unit, and nonresidential structure condemned for human habitation, occupancy, or use. The enforcing agency also must post a warning placard on the property.
(c)
Vacating condemned property.
(1)
Any person occupying an individual living unit, dwelling, or dwelling unit when it is condemned as unfit for human habitation must vacate the condemned premises within a reasonable time ordered by the enforcing agency.
(2)
Any person occupying or using a nonresidential structure when it is condemned as unsafe for human use or occupancy must vacate the building or structure immediately after a warning placard is posted.
(3)
A person must not occupy or use, and an owner must not allow a person to occupy or use, an individual living unit, dwelling, dwelling unit, or nonresidential structure which has been condemned as unfit for human habitation or unsafe for human occupancy or use until the enforcing agency approves the occupancy or use and removes the placard. The enforcing agency may remove the placard if all defects on which the condemnation was based have been eliminated.
(d)
Removal of placard. A person must not deface or remove a placard from any individual living unit, dwelling, dwelling unit, or nonresidential structure, except as authorized by the enforcing agency.
(e)
Secure from entry. Each owner of a condemned or abandoned structure must:
(1)
secure all windows and doors which are accessible from the ground, from an adjacent structure, or by the reasonably foreseeable use of a ladder, table, or other device, and
(2)
keep them secured against unauthorized entry.
Montgomery County, Md., Code § 26-14 (2026)
Sec. 26-14. Repair or removal of condemned buildings or structures.LinkCopy Citation
(a)
Order of demolition. If the owner of any building, structure, or premises condemned under this Chapter does not bring the building, structure, or premises into full compliance with this Chapter, or demolish and remove it, during the time specified by the enforcing agency in the order of condemnation or any extension, the enforcing agency may, after 30 days’ written notice to the owner, order the building or structure to be demolished, any excavation to be filled, and the property cleared so that it will be in a safe condition.
(b)
Cost charged to owner. The County may charge the cost of any action taken under subsection (a) to the owner of the property and collect it as taxes on real property or other debts are collected. The charge is a lien on the property.
Montgomery County, Md., Code § 26-15 (2026)
Sec. 26-15. Severe conditions and corrective actions.LinkCopy Citation
(a)
Severe conditions. If the enforcing agency finds that immediate action is needed to protect the public health and safety as a result of a violation of this Chapter, Chapter 22, Chapter 8, or Chapter 17, the enforcing agency may, without notice, conference, or hearing, order the owner to correct or abate the violation.
(1)
The order must be hand-delivered to the owner. If the order cannot be hand- delivered, the order must be posted on the property in a conspicuous location on or near each dwelling or nonresidential structure affected by the order.
(2)
If the owner does not abate or correct the violation as directed after the order is delivered or posted, the enforcing agency may take any action reasonably necessary to abate or correct the condition or may contract to have the necessary action taken.
(3)
If an enforcing agency proposes to take any action under this subsection that would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, the enforcing agency must make its best effort to consult with the Chair of the Planning Board or the Chair’s designee before the enforcing agency removes the building or structure, substantially alters any exterior feature, or contracts to do either.
(b)
Violation, affect on adjacent property. If an enforcing agency finds that any violation of this Chapter affects neighboring properties or the health or safety of the occupants or the public, the enforcing agency may order necessary actions by notice and service under subsection (a). If the actions are not taken in the time and manner prescribed, the enforcing agency may authorize an officer, agent or employee of the County, or a contractor, to execute the order.
(c)
Costs charged to owner. The owner is liable to the County for all reasonable and necessary costs the County incurs as a result of an action taken under subsection (a) or (b). The costs constitute a debt owed the County and may be placed on the tax bill as a lien on the property and collected as ordinary taxes are collected, or collected as any other debt.
Montgomery County, Md., Code § 26-16 (2026)
Sec. 26-16. Penalty for violation of Chapter.LinkCopy Citation
Any violation of this Chapter or any regulation issued under it is a class A violation. Each day a violation exists is a separate offense.
Montgomery County, Md., Code § 26-17 (2026)
Sec. 26-17. Waivers.LinkCopy Citation
(a)
Conditions for waiver. An enforcing agency may waive any provision of this Chapter with respect to an owner occupied dwelling unit if:
(1)
no violation presents an immediate danger to the health, safety, or welfare of an occupant of a dwelling or the public; and
(2)
(A)
the property owner is experiencing extreme financial hardship, has insufficient resources, and cannot obtain financing to rehabilitate the dwelling to comply with this Chapter;
(B)
physical conditions of the site or other conditions beyond the owner’s control make it impossible to bring the dwelling into compliance with this Chapter; or
(C)
legal or other unusual constraints, such as unclear title or a probate dispute, prevent or delay the owner from bringing the dwelling into compliance with this Chapter.
(b)
Revocation of waiver. An enforcing agency may revoke a waiver if:
(1)
a danger to health, safety or welfare is presented or would be presented if the waiver continued; or
(2)
the circumstances that justified the waiver change.
(c)
Limit of waiver. Nothing in this Section prevents the reasonable enforcement of this Chapter or alleviates the requirement to maintain each dwelling, dwelling unit, and nonresidential structure in as sanitary and healthful condition as possible.
Montgomery County, Md., Code § 26-17A (2026)
Sec. 26-17A. Unused vehicle storage extensions.LinkCopy Citation
The Director may grant an owner or occupant of a residential property an extension to store an unused vehicle on residential property for more than 30 days for good cause shown. Good cause may include:
(a)
the owner of the vehicle is recovering from an illness or accident;
(b)
the owner of the vehicle is on a foreign assignment for the United States Government;
(c)
the owner demonstrates extreme financial hardship;
(d)
suspension of the driver’s license of the owner of the vehicle; or
(e)
historic vehicle restoration if the owner can show that the project will be complete in a definite period of time.
Montgomery County, Md., Code § 26-18 (2026)
Sec. 26-18. Regulations.LinkCopy Citation
The County Executive may adopt regulations under method (2) to administer this Chapter and adopt standards for materials and equipment.
Montgomery County, Md., Code § 26-18A (2026)
Sec. 26-18A. Outreach on Quality of Life Issues.LinkCopy Citation
The Executive must submit quarterly reports to the Council that includes activities, plans, and objectives of Executive branch departments to address instances in which an aggregation of problems has led to diminished quality of life for affected residents in an affected community. Contents of the annual report can include recommendations to increase enforcement of violations of County laws related to housing maintenance standards, parking, and solid waste disposal. Every quarterly report must include a section on accessory dwelling units. The accessory dwelling unit section must identify any problems and actions taken or planned actions to eliminate those problems. The Executive, or the Executive’s designee, must hold semiannual meetings with County residents to discuss these problems.
Article Ii. Foreclosed Property Registry.
Montgomery County, Md., Code § 26-19 (2026)
Sec. 26-19. Foreclosed Property Registry Penalty.LinkCopy Citation
(a)
Definitions. In this Section, the following words have the meanings indicated:
Department means the Department of Housing and Community Affairs.
Director means the Director of the Department.
Foreclosed Property Registry means the internet-based Foreclosed Property Registry established by the State Department of Labor, Licensing, and Regulation as required by Section 14-126.1 of the Real Property Article of the Maryland Code.
Foreclosure purchaser means the person identified as the purchaser on the report of sale required by Maryland Rule 14-305 for a foreclosure sale of residential property.
(b)
Registration required. A foreclosure purchaser must submit any required registration to the Foreclosed Property Registry as required by Section 14-126.1 of the Real Property Article of the Maryland Code.
(c)
Penalties. Any violation of this Article is a civil violation. The maximum penalty for a violation of this Article is $1,000 for an initial or repeat offense.
Article Iii. Unmaintained Vacant Property.
Montgomery County, Md., Code § 26-20 (2026)
Sec. 26-20. Definitions.LinkCopy Citation
In this Article, the following terms have the meanings indicated:
Department means the Department of Housing and Community Affairs.
Director means the Director of the Department or the Director’s designee.
Fit for occupancy means ready for immediate occupancy as a residence.
Occupied means the use of one’s dwelling as a residence on a regular basis.
Public nuisance has the same meaning as in Section 26-2.
Vacant dwelling means residential real property improved by a dwelling which is not occupied. A vacant dwelling includes a unit in a condominium. A dwelling is only a vacant dwelling if the Director determines that there is no resident for which an intent to return and occupy the dwelling can be shown. To determine whether a dwelling is vacant the Director must consider:
(1)
past due utility notices and/or disconnected utilities;
(2)
accumulated mail;
(3)
no window covering;
(4)
no furniture observable;
(5)
open accessibility;
(6)
deferred maintenance; and
(7)
the dwelling is boarded up.
Unmaintained vacant dwelling means a vacant dwelling not maintained as required by Chapter 26, Article 1.
Montgomery County, Md., Code § 26-21 (2026)
Sec. 26-21. Applicability.LinkCopy Citation
This Article does not apply to any real property that is
(a)
owned by:
(1)
the government of the United States or its instrumentalities;
(2)
the State of Maryland or its instrumentalities; or
(3)
a foreign government or its instrumentalities;
(b)
under active construction or undergoing active rehabilitation, renovation, repair, or demolition, or under a building permit to make the building fit for occupancy or to be demolished;
(c)
for a period not to exceed 24 months, the subject of a probate proceeding or the title is the subject of litigation, including a foreclosure proceeding; or
(d)
maintained as required by Chapter 26, Article 1.
Montgomery County, Md., Code § 26-22 (2026)
Sec. 26-22. Designation of unmaintained vacant dwellings; inspection.LinkCopy Citation
(a)
The Director must identify unmaintained vacant dwellings throughout the County. The Director must notify the owner in writing that the owner’s dwelling has been designated as an unmaintained vacant dwelling and of the owner’s right to seek reconsideration of this designation and appeal the decision under Section 26-25.
(b)
Inspections required.
(1)
Inspections required. The Director must inspect every unmaintained vacant dwelling at least annually to ensure that:
(A)
the dwelling complies with all applicable laws, including Chapter 26, Article I; and
(B)
vacancy of the dwelling is not:
(i)
detrimental to the public health, safety, and welfare;
(ii)
a hazard to police officers or firefighters entering the dwelling in an emergency; or
(iii)
a public nuisance.
(2)
Additional inspections authorized. The Director may inspect an unmaintained vacant dwelling more often than annually to ensure compliance with this Article.
Montgomery County, Md., Code § 26-23 (2026)
Sec. 26-23. Exemptions.LinkCopy Citation
(a)
The Director may grant an exemption from the requirement in Section 26-22 for any real property that is:
(1)
in compliance with 26-22(a) and the property owner has been actively seeking in good faith to rent or sell the property if:
(A)
the time period for sale or rent does not exceed 1 year from the initial listing, offer, or advertisement of sale or rent of a residential building; and
(B)
the building has a valid certificate of occupancy;
(2)
for a period not to exceed 12 months, the subject of a pending application for a necessary approval for development before the Planning Board, Board of Appeals, or Office of Zoning and Administrative Hearings; or
(3)
for a period not to exceed 24 months, the subject of a probate proceeding.
(b)
The cumulative time period that a vacant dwelling may be exempted from this Article must not exceed 3 years.
(c)
An application for an exemption must be made on a form the Director prescribes.
(d)
A person that believes the Director has incorrectly denied the person’s application for an exemption may appeal that decision under Section 26-25.
Montgomery County, Md., Code § 26-24 (2026)
Sec. 26-24. Fees; lien.LinkCopy Citation
(a)
Fees. The County Executive must set one or more fees by regulation under Method (2). The fee must increase for larger numbers of inspections performed that the Director determines are necessary to ensure compliance with this Section.
(b)
Lien. Any unpaid fee under this Article constitutes a lien on the property and may be collected in the same manner as taxes are collected.
Montgomery County, Md., Code § 26-25 (2026)
Sec. 26-25. Right to appeal.LinkCopy Citation
(a)
Within 10 days after the Director sends written notice that an owner’s property has been designated as an unmaintained vacant dwelling, the owner may petition the Director for reconsideration by filing the form prescribed by the Director. Within 30 days after receiving the petition, the Director must issue a notice of final determination.
(b)
Any person aggrieved by a designation or notice of final action of the Director under this Article may, within 15 days after the Director sends written notice of the action, appeal that action to the Circuit Court under the Maryland Rules of Procedure for judicial review of a final administrative agency decision. An appeal does not stay the Director’s action. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
Montgomery County, Md., Code § 26-26 (2026)
Sec. 26-26. Annual report.LinkCopy Citation
By March 1 each year, the Director must submit to the County Executive and County Council a report on the Department’s activities related to unmaintained vacant dwellings. The report must include:
(a)
the zip code of each property inspected during the prior calendar year;
(b)
for each property inspected, a summary of violations by number found and number corrected;
(c)
the number of citations issued to each property owner during the prior calendar year; and
(d)
the amount of fees collected from each property owner during the prior calendar year.