Chapter 29. Landlord-Tenant Relations.

In or added to an existing one-family dwelling, or

In a separate accessory structure on the same lot as an existing one-family dwelling; and

To simplify and clarify the law governing the rental of dwelling units.

To encourage landlords and tenants to maintain and improve the quality of housing in this county.

To assure fair and equitable relations between landlords and tenants.

To revise and modernize the law of landlord and tenant to serve more realistically the needs of an urban society developing in the County.

the landlord's siblings, parents, grandparents, children and grandchildren, and their spouses; and

the landlord's spouse and the spouse's siblings, parents, grandparents, children and grandchildren, and their spouses.

the address of each property inspected during the prior fiscal year;

the address of each property that has been inspected or is scheduled to be inspected on an annual or triennial basis during the current fiscal year;

for each property inspected:

for each property required to have a corrective action plan under Section 29-22 in the prior fiscal year or during the current fiscal year, a list of:

the number of citations issued to each landlord during the prior and current fiscal years;

the amount of fines collected from each landlord during the prior and current fiscal years; and

the number of calls to the County concerning rental housing complaints, by language of the caller.

The Commission has 12 members and 3 alternate members. Each member must be a County resident.

Four members and one alternate member each must be:

Four members and one alternate member each must be:

Four members and one alternate member must be selected from the public at large. A member appointed to represent the public at large must not be qualified for appointment under subparagraph (2)(A), (2)(B), (3)(A), or (3)(B), or otherwise derive a substantial portion of his or her income from rental housing or tenants of rental housing.

As used in this subsection, an attorney primarily represents either owners and managers of rental housing, or tenants of rental housing, if at the time of appointment the attorney appeared in 10 or more landlord-tenant cases in any jurisdiction, and represented that type of client in more than 60% of the attorney's landlord-tenant cases, in the preceding 12 months. As used in this subsection, a "substantial portion" of a person's income means, measured at the time of appointment, either:

providing any services available through the Department;

awarding money damages against a landlord or tenant for the benefit of either, as provided in this Chapter;

ordering repairs by a landlord or tenant;

investigating and conciliating any violation of or complaint filed under this Chapter, and investigating any matter relating to a license to operate a rental housing; and

imposing a monetary penalty against a landlord or tenant when a penalty is specified in a law enforced by the Commission, including an award up to three times the amount of any part of a security deposit withheld by a landlord without a reasonable basis.

The chair calls all Commission meetings.

The Commission must meet as often as necessary to perform its duties, but not less often than once each month.

The chair must call a meeting within 10 days after receiving a request from a majority of the members.

A majority of the members of the Commission is a quorum for the transaction of business.

Any official action of the Commission requires a majority vote of the members present at the meeting, but not less than 5 members.

operates, attempts to operate, or permits the operation of rental housing that the person owns without first having obtained a rental housing license, or

does not comply with a Commission order or summons.

An owner of a lot or parcel in a zone that permits accessory dwelling units must obtain a license to operate an accessory dwelling unit to live in or to rent if:

the owner places a sign provided by the Director on the lot of the proposed accessory dwelling unit within 5 days after the Director accepts an application license. The sign must identify any requested waivers under Section 29-26(b). The sign provided by the Director must remain in place on the lot for a period of time and in a location determined by the Director.

Upon receipt of an application for an accessory dwelling unit license, the Director must:

The Director may renew a license for an accessory dwelling unit at the request of the applicant if:

The Director may renew a Class 1 license for an accessory dwelling unit that was approved as a special exception, as a Class 1 license if the conditions of the special exception remain in effect and the applicant is in compliance with those conditions.

The Director may transfer an accessory dwelling unit license to a new owner of a licensed dwelling unit if the new owner applies for the transfer. The conditions and fees for any transfer are the same as the conditions and fees for a license renewal.

The Director must maintain a public list and map showing each Class 3 license and each accessory dwelling unit with a Class 1 license.

obtained a temporary certificate of occupancy under Chapter 8; and

complied with all other applicable laws.

The Director must not issue or renew a rental housing license for a dwelling unit in a common ownership community unless the owner certifies that the common ownership community fees for the dwelling unit are no more than 30 days past due. If a common ownership community decides to charge a fee to certify that the common ownership fees for a dwelling unit have been paid, the fee must be no more than $25.

The Director may deny, suspend, revoke, or refuse to renew a housing rental license for a dwelling unit in a common ownership community if the governing body of a common ownership community submits proof of unpaid common ownership community fees for the dwelling unit through:

for a Class 1 multi-family rental facility license:

for a Class 2 single-family rental facility license, $101.00 per dwelling unit;

for a Class 3 accessory dwelling unit license $101.00 per unit.

A license applicant is exempt from any fee associated with the licensure of an accessory dwelling unit occupied by an individual with disabilities.

To establish that an individual with disabilities occupies an accessory dwelling unit, a license applicant annually must certify, on a form provided by the Director, that an occupant of the accessory dwelling unit:

If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.

The Director must protect the confidentiality of any individual health information received under this Section to the maximum extent permitted by law.

A license applicant is exempt from the annual license fee under subsection (a) for an accessory apartment if the applicant does not charge rent for the apartment.

To qualify for an exemption under this subsection, a license applicant annually must certify, on a form provided by the Director, that the applicant does not charge rent for the apartment.

If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.

higher than those specified in subparagraph (a); and

in amounts sufficient to pay the costs of administering this Chapter.

finds in violation of any applicable law that adversely affects the immediate health and safety of the tenants, including:

determines to be a troubled property, under a procedure established by method (2) regulation that:

allow access to the Department for any inspection required under this Chapter or Chapter 26;

notify any affected tenant whose unit requires inspection at least 72 hours in advance of a scheduled inspection under subsection (a) of this Section; and

when subject to annual inspection under subsection (b), provide quarterly updates to the Director listing all maintenance requests received by the landlord from tenants.

authorize a tenant to:

revoke the license or take other remedial action under Section 29-25.

a means of prioritizing inspections;

standardized inspections for all units; and

an estimate of the cost for conducting the inspections.

The applicant for a new license for an accessory dwelling unit may request a waiver of a standard to the extent allowed by Section 59.3.3.3 or object to an adverse finding of fact by the Director by filing a waiver or an objection and a request for a hearing with the Office of Zoning and Administrative Hearings.

Any other aggrieved person may file an objection and request for a hearing with the Office of Zoning and Administrative Hearings by:

A request for a waiver or an objection must be submitted to the Office of Zoning and Administrative Hearings within 30 days after the date of the Director’s report and must state the basis for the waiver or objection.

The Hearing Examiner must send notice of an adjudicatory hearing to the applicant and any aggrieved person who filed an objection within 10 days after the waiver or objection is received and conduct any such hearing within 30 days of the date the objection is received unless the Hearing Examiner determines that necessary parties are unable to meet that schedule.

The Hearing Examiner may only decide the issues raised by the waiver or objection.

The Hearing Examiner may waive on-site parking standards if:

The Hearing Examiner may find that more than the minimum on-site parking must be required as a condition of the license and may impose other conditions to assure adequate parking on granting the waiver.

The Hearing Examiner may consolidate public hearings on any requested waivers and any objections to the Director’s findings that involve the same license application.

The Hearing Examiner must issue a final decision within 30 days after the close of the record of the adjudicatory hearing. If both a waiver request and an objection relating to the same accessory apartment license application are filed, the Hearing Examiner must issue a final decision within 30 days after the close of the record in both cases.

The Director must issue or deny the license based on the final decision of the Hearing Examiner.

Any party aggrieved by the Hearing Examiner’s decision on an objection or a waiver may request the Circuit Court to review the Hearing Examiner’s final decision under the Maryland Rules of Procedure. An appeal to the Circuit Court does not automatically stay the Director’s authority to grant a license.

waiver the right to a trial by jury;

pay court costs that exceed actual costs awarded by a court; or

pay legal costs or attorney fees other than those awarded by a court after the court finds that the fees and costs are reasonable.

provide that attorney's fees are not part of the tenant's rent and need not be paid to redeem the premises in a nonpayment of rent action; and

obligate the landlord to pay the tenant's attorney's fees if the tenant is the prevailing party in the legal action and fees are awarded by a court.

make necessary repairs, decorations, alterations or improvements;

supply services only by mutual agreement during normal business hours, except in an emergency; or

exhibit the dwelling unit to prospective buyers, mortgagees, or tenants only during normal business hours, including weekends, except as the landlord and tenant otherwise agree;

a rental dwelling unit in a common ownership community if a valid legal restriction prohibits subleasing;

an accessory dwelling unit;

a mobile home under Section 29-66; or

an individual living unit.

an involuntary change of employment from the Washington metropolitan area;

the death of major wage earner;

unemployment;

the tenant or the tenant’s child being a victim of domestic violence;

a landlord harassing the tenant or violating the tenant’s privacy rights;

the tenant or tenant’s spouse:

the tenant being incarcerated or declared mentally incompetent;

the landlord’s failure to correct a violation of applicable law that adversely affects the immediate health and safety of the tenant, as described in Section 29-22(b)(1), in the tenant’s unit or a common area available for use by the tenant, within 30 days after being ordered to do so by the Department if:

other reasonable cause beyond the tenant’s control.

general information and assistance is available from the Department regarding:

the tenant is entitled to a hard copy of the Landlord-Tenant Handbook as required under subsection 29-28(f) and that the Landlord-Tenant Handbook is available on the County website.

the term of the lease;

the amount of the rent;

the date on which the rent is due;

the tenant’s responsibility, if any, for utility costs;

a list of additional tenant rights and responsibilities under the lease; and

information about services available to tenants from the Department and the Commission.

This subsection does not apply to:

As used in this subsection, reasonable cause means a situation in which a two- year lease would create undue hardship or expense for a landlord. Reasonable cause includes the sale of a dwelling unit if settlement is likely to occur within two years, a bona fide contract to sell the dwelling unit within two years, or a planned conversion to a condominium or cooperative within two years. If the landlord claims reasonable cause exists under this subsection, the landlord must attach to the lease a statement explaining the reasonable cause and advising the prospective tenant of the tenant’s right to challenge the cause by filing a complaint with the Department.

The landlord must include the following statement in each lease, or as an addendum to an oral lease, and assure that it is signed and dated by the parties:

Nothing in this subsection precludes a landlord and tenant from negotiating a lease for a term longer or shorter than 2 years after the prospective tenant has been offered and has rejected a 2-year lease term.

A complaint alleging a violation of this subsection must be filed not later than 180 days after the first day of the tenancy that is the subject of the complaint.

comply with the requirements of Section 27-15A; and

include a statement or addendum on a form prescribed by the Director of the Department that is signed and dated by the applicant, which details the processes for screening criminal history and credit history as required under Section 27-15A(b)(1).

within 7 calendar days of the application; or

based upon any discriminatory purpose prohibited under Chapter 27, including the source of income of the prospective tenant.

Comply with all applicable provisions of any federal, state, or county law or regulation governing the maintenance, construction, use, or appearance of the dwelling unit and common areas.

Keep all areas of the building, grounds, facilities, and appurtenances in a clean, sanitary, and safe condition.

Make all repairs and arrangements necessary to put and keep the dwelling unit and the appurtenances in as good a condition as they were, or should by law or agreement have been, when the tenancy began. However, a lease for a single-family dwelling unit may provide that a tenant must pay, up to a maximum annual amount set by executive regulation, for the costs of maintenance of the dwelling unit, but not for replacement of or repairs to structural elements of the building, major appliances, or electrical, plumbing, heating, or air conditioning systems unless replacement or repair of these items is required because of actions of the tenant or any person for whom the tenant is legally responsible.

Maintain all electrical, plumbing, and other facilities and conveniences supplied by the landlord in good working order.

Supply and maintain appropriate receptacles to remove trash, and pay for its frequent removal. However, the landlord of a single-family dwelling unit must pay for the frequent removal of trash, but need not provide or maintain appropriate receptacles. A lease for a single-family dwelling unit may require a tenant to pay for trash collection service if that service is provided directly by a private trash hauler and the dwelling unit is not located in a County collection district.

Supply water and hot water as reasonably required by the tenant and adequate heat as required by Chapter 26. In a dwelling unit located in a common ownership community, the landlord must provide water, hot water and adequate heat to the extent that the landlord is responsible for providing these services. This subsection does not impair any provision in a lease that obligates a tenant to pay for gas, heating oil, electricity, water, or sewer service that the tenant uses.

For each unit in a building constructed before July 1, 1978, and for which units are not individually metered, provide the tenant with all information required under the Public Utilities Article of the Maryland Code and applicable COMAR provisions governing:

Display in the lobby, vestibule, rental office, or other prominent public place on the premises, a sign in a form approved by the Director that includes information in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages as determined necessary by the Director, about:

Except when required for reasonable maintenance and repair, supply and maintain air conditioning service either through individual air conditioning units or a central air conditioning system in a safe and good working condition so that it meets the requirements of Section 26-7. This paragraph must not be construed to impair any provision in a lease that obligates a tenant to pay for gas or electricity that the tenant uses. The Executive must adopt Method (2) regulations to implement the requirements of this paragraph, including regulations to define reasonable maintenance and repair.

comply with Section 29-35C.

comply with Section 29-35D.

comply with Section 29-35E.

Prepare and maintain an emergency safety plan in compliance with Section 22-74.

post a durable notice in an accessible, conspicuous and convenient place in each building to which the notice applies; or

distribute the notice directly to all tenants.

electricity;

water;

heat;

power generator; or

elevator.

A notice required under subsection (d) must be sent at least 7 days before a scheduled service interruption; or

in the absence of an emergency, at least 24 hours before an unscheduled service interruption; and

contain the following:

post the notice in an accessible, conspicuous, and convenient location in the building; and

if feasible, send electronically to all tenants either by:

After a court has issued a warrant of restitution, the landlord must, at least 14 days before the scheduled date of repossession as set by the Sheriff, provide written notice to the tenant of the date on which the warrant of restitution is scheduled to be executed by:

The landlord must:

The Department must establish and maintain a URL that provides current information and resources for residents experiencing eviction. The Department must update the URL at least once per year in consultation with the Services to End and Prevent Homelessness.

maintain a record of each notice it receives under subsection (a); and

immediately upon receipt of a notice under subsection (a), share the notice with the Department of Health and Human Services.

A landlord commits a Class A civil violation if the landlord:

The penalties under this Section are in addition to any actual damages, reasonable attorney’s fees and costs, injunctive relief, and other remedies available to the tenant under state law.

A landlord must not transfer responsibility for utility payments to an existing tenant unless the affected tenant receives written notice of the transfer at least 2 months before the conversion takes effect. The date of receipt must not be counted as part of the 2-month period. Written notice may be delivered to the tenant by any reasonable means. However, a notice has not been delivered unless the notice was mailed via the United States Postal Service to the tenant's dwelling unit or a signed receipt is obtained from the tenant or the tenant's representative. If the tenant is notified by mail, the landlord must certify, by affidavit dated at the time of mailing, that the landlord has mailed the notice. The landlord must retain a copy of the affidavit in the landlord's records. For the purposes of these notice requirements, the day after the postmark date is the date of delivery if the notice was delivered to the proper person by the Postal Service. It is presumptive evidence in favor of the landlord that proper notice was given if these procedures are followed. There is a rebuttable presumption that proper notice was not delivered if these procedures are not followed.

The notice of the utility conversion must be accompanied by an offer to reduce the affected tenant's rent in an amount commensurate with the actual utility consumption experienced by the landlord during the previous 24 months at the utility rate in effect at the time of the conversion. The offer of reduced rent must be based on the average actual utility consumption at the property, less common area utility expenses. The offer may also be based on reasonable factors such as unit size, unit location, and, at the discretion of the landlord, other unusual circumstances. The offer must be made in the form of a monthly reduction in rental rates effective on the date of the conversion.

Any lease or renewal lease must disclose the landlords' intent, if any, to transfer or convert responsibility for utility payments to the tenant during the term of the lease. Failure to make this disclosure allows a tenant to terminate the lease. For the purpose of this Section, the term "intent" means that the landlord has entered into a contract to install submeters or individual meters or applied for electrical permits for their installation.

The transfer of financial responsibility for utilities must take effect at the start of a rent payment cycle.

After completing the notice procedures in subsection (b)(1), the landlord during normal business hours may enter the tenant's unit, after a two-day written notice and without reasonable objection from the tenant, to install metering, wiring, and other equipment necessary to the utility conversion. Access for all other purposes is governed by Section 29-27(p).

Any submetering action must comply with regulations of the state Public Service Commission.

Disabled means a physical or mental impairment that substantially limits one or more major life activities, or a person who has a record of such an impairment or is regarded as having such an impairment.

Elderly means at least 60 years old.

A landlord may make reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health, comfort, and safety of other tenants and the property of the landlord.

Even if a landlord has not prohibited household pets under subsection (b), a landlord may require a tenant to remove a household pet from the premises if:

The Executive may issue a regulation under method (3) to specify what are reasonable rules under this subsection.

one-sixth, for a secure, fully enclosed bicycle locker; or

one-tenth, for any other bicycle parking space.

Permanently displaced tenants. For a permanently displaced tenant, the landlord must, within 72 hours of the posting of the condemnation:

Temporarily displaced tenants.

Alternative payment.

A landlord must provide a permanently displaced tenant with the first right to reoccupy rental housing on the site once the rental housing becomes habitable.

The landlord must provide the permanently displaced tenant with written notice of the tenant’s first right to reoccupy. The notice must include the landlord’s current address and telephone number which the tenant can use to contact the landlord.

It is the tenant’s responsibility to provide the landlord with the tenant’s current address and/or telephone number to be used for future notification.

When the rental housing becomes habitable, the landlord must give written notice by certified mail to the tenant informing the tenant that the housing is ready for occupancy.

If the landlord cannot locate a previous tenant after 2 attempts over a 2-week period, the landlord is deemed to be in compliance with the requirements of this Section and the tenant’s right to reoccupy is forfeited.

A permanently displaced tenant must notify a landlord of the tenant’s intent to reoccupy the rental housing within 15 days after the landlord notifies the tenant that the rental housing is ready to be occupied. A permanently displaced tenant must reoccupy the rental housing within 20 days after the tenant notifies a landlord of the tenant’s intent to reoccupy the rental housing.

A permanently displaced tenant may waive the right to reoccupy the rental housing at any time after displacement.

is installed and owned by a gas utility company to regulate the supply of natural gas to a structure;

contains mercury; and

is located inside a structure.

Except as provided in paragraph (2), this section applies to a landlord of a multifamily dwelling in a structure built before 1968.

This section does not apply to a landlord of a dwelling unit in a common ownership community.

take a photograph of any meter that could be an indoor gas service regulator located on any rental property leased by the landlord;

provide a copy of the photograph to the gas utility company; and

cooperate with the gas utility company to schedule the replacement of any indoor mercury service regulator.

The landlord must notify the tenant in writing within 30 days after the gas utility company informs the landlord that the indoor mercury service regulator is replaced.

The landlord must provide a copy of the notice to the Department.

The Department must enforce this section under Section 29-8.

A violation of this section is a Class A violation.

This section applies to any multifamily dwelling unit.

This section does not apply:

For purposes of this section, a window guard means a physical barrier or limiting device attached to a window to prevent occupants from falling out of the window.

The landlord of a multifamily dwelling must install and maintain a window guard in each window of a habitable room if:

A window guard installed under paragraph (2) must meet minimum safety standards prescribed by the Director.

The Executive may adopt method (2) regulations to implement the requirements of this section. The regulations may include procedures for the Director to approve a landlord’s request for a variance, to use a safe alternative to a window guard in a particular window, if a window guard meeting the requirements of paragraph (3) is infeasible in the window.

The Director must conduct outreach and educate landlords and tenants of multifamily dwelling units about the requirements of this section, including through:

obstruct or interfere with the installation of a window guard required under this section; or

remove or disable a window guard required under this section.

Notice required. The landlord of a multifamily dwelling unit must, at the time of a lease signing, a lease renewal, or a notification of a rent increase, notify the tenant of the unit about the requirements under this section.

Notification requirements at the time of a rent increase or a lease renewal. At the time of a notification of a rent increase or of a lease renewal, the notification under paragraph (1) must:

Follow-up notifications. If a landlord does not receive a signed notification from the tenant within 30 days after providing the notification to the tenant under paragraph (2), and does not otherwise have actual knowledge of the need or desire for window guards, then the landlord must provide a second notification to the tenant under paragraph (2).

Leasing requirements. The landlord:

The lease or addendum under paragraph (4) must include a statement, signed and dated by the tenant, that indicates:

a single-family home; or

a multifamily dwelling building.

a copy of radon test results that indicates any concentration of radon is below the Environmental Protection Agency’s recommended action level of 4 picocuries per liter (pCi/L);

the radon test was performed less than three (3) years before the date of the lease; and

a copy of the Environmental Protection Agency’s pamphlet on radon guide for tenants or an equivalent pamphlet approved for use by the Department of Environmental Protection. The copy of the pamphlet may be an electronic link to the applicable website, or if requested by the tenant, a hard copy.

in writing; and

within 14 days after the test results, notify the landlord and provide the landlord with a copy of the test results.

within 14 days after notice, initiate a follow-up radon test, in accordance with EPA-recommended standards for testing, to confirm any presence of radon hazard; and

within 90 days after confirmed results:

testing performed in compliance with the EPA-recommended standard, by a radon professional (for hire) must supersede tests not performed by a radon professional;

if both tests are performed by radon professionals, long-term testing results must supersede short-term test results; or

if both tests are equally valid, as specified in subsections (1) and (2), and the dispute remains, then a mutually agreed upon third-party radon professional must retest in accordance with EPA-recommended standards.

Immediate termination of the lease, and relief from any future obligations under the terms of the lease;

Return of the party's security deposit or any part of the deposit that the landlord has wrongfully withheld;

An award under Section 29-10(b) of up to three times the amount of any security deposit that the landlord has wrongfully withheld. When making this award, the Commission must consider the egregiousness of the landlord’s conduct in wrongfully withholding all or part of the deposit, whether the landlord acted in good faith, and any prior history by the landlord of wrongful withholding of security deposits;

Return of all or part of any rent already paid to the landlord after the landlord was notified of the condition;

An award of damages sustained by the tenant as a result of the defective tenancy, limited to the actual damage or loss incurred by the tenant. The award must not exceed $2,500 per affected dwelling unit.

A reasonable expenditure to obtain temporary substitute rental housing in the area.

An order permitting a tenant to correct the condition that constitutes the defective tenancy and abating the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant.

After a retaliatory or illegal eviction as defined in Section 29-32, reasonable attorney’s fees incurred by the affected tenant in defense of the retaliatory or illegal eviction. The award must not exceed $1,000.00.

The landlord may immediately terminate the lease and gain possession of the premises under state law.

An award of damages to be paid by the tenant sustained as a result of a defective tenancy, limited to the landlord's actual damage or loss. The award must not exceed $2,500.00, with a credit for any damages deducted from a security deposit.

The location of each rental facility, including the zip code;

Structure type;

Year built;

Distribution of units by standard bedroom sizes;

The number of units by bedroom size that were re-rented during the month;

The number of vacant days applicable to those units;

The rent charged for each rental unit;

The rent charged for each re-rented unit before vacancy; and

The new turnover rent charged for each re-rented unit.

A description of utilities that are included in the rent;

The landlord's actual monthly utility costs, including gas, electric, heating, fuel, trash removal, and water and sewer;

The availability of certain amenities, including air conditioning, wall-to-wall carpeting, dishwasher, garbage disposal, washer/dryer in apartment unit or on the site, patio-balcony, swimming pool and tennis courts;

The actual operating expenses, by category;

The actual operating revenues, by category;

A schedule of any other fees and income; and

Tenant rent/income ratio for prospective tenants that protects the confidentiality of personal income information and that is available to the landlord as part of the normal renting process.

Counseling services to tenants who need alternative housing or financial assistance;

Validation of tenants' need for alternative housing;

Determination of eligibility for available financial assistance for housing programs based upon income;

Listing of agencies that can assist in locating housing;

Listing of available financial assistance programs.

The amount of monthly rent immediately preceding the effective date of the proposed increase (old rent), the amount of monthly rent proposed immediately after the rent increase takes effect (new rent), and the percentage increase of monthly rent.

The effective date of the proposed increase.

The applicable rent increase guideline issued under Section 29-53.

A notice that the tenant may ask the Department to review any rent increase that the tenant considers excessive.

Other information that the landlord deems useful in explaining the rent increase.

the rent increase would take effect during the emergency; or

notice of the rent increase does not comply with subsection (c) and Section 29-54.

During the emergency and until May 15, 2022, a landlord must not notify a tenant of a rent increase if the increase would exceed the voluntary rent guidelines under Section 29-53.

If a landlord provided notice of a rent increase to a tenant prior to the emergency and the increase would exceed the voluntary rent guidelines under Section 29-53, the landlord must inform the tenant in writing:

a notification that the tenant may qualify for the waiver of late fees under subsection (e); and

an attestation for the tenant to sign to receive the waiver.

has experienced a COVID-19 related financial hardship;

has a gross household income at or below 50% of the area median income for the previous 30 days, or for the 2020 tax year; and

has been a Montgomery County resident since August 2020 or earlier.

CPI-U plus 3 percent; or

6 percent.

the base rent; plus

the rent increase allowance under Section 29-57; plus

any banked amount; and

does not exceed 10 percent of the base rent.

the surcharge is limited to an amount necessary to cover the costs of capital improvements to the regulated unit, excluding the costs of ordinary repair and maintenance;

the surcharge does not take effect until after the capital improvements are completed;

if the capital improvements are for all rental units within the building, the surcharge:

if the capital improvements apply only to certain regulated rental units within the building, the surcharge:

the surcharge for each unit ends once the costs of the capital improvements, including any interest and service charges, have been recovered by the landlord;

the capital improvements would protect or enhance the health, safety, and security of the tenants or the habitability of the rental housing;

if the capital improvements would result in energy cost savings:

the capital improvements are depreciable under the federal Internal Revenue Code;

the applicant has certified to the Director the costs of the capital improvements, including any interest and service charge; and

the applicant has certified to the Director that required governmental permits and approvals have been granted.

A landlord must maintain, and must make available to a tenant upon request, all plans, contracts, specifications, and permits related to any capital improvements for which a surcharge has been granted.

Immediately upon the completion of capital improvements under this Section, a landlord must permit the return to affected rental units of any tenants displaced due to the improvements.

a landlord may apply to the Director to increase rent for a regulated unit in an amount that exceeds the annual rent increase allowance; and

the Director must grant the application if the Director finds that the increase is necessary for the landlord to obtain a fair return on the regulated unit.

sufficient to offset operating expenses; and

commensurate with returns on investments in other enterprises having comparable risks.

a formula to determine the rent increase necessary to obtain a fair return for a regulated unit;

application requirements, including the information an applicant must submit to demonstrate the rent necessary to obtain a fair return;

a uniform system and procedures for processing applications;

criteria the Director must use to evaluate and to grant or deny an application; and

the duration of a rent increase approved under this Section.

a newly constructed unit that has been offered for rent for less than 23 years;

a unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses;

a unit in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code if the primary purpose of the organization is to provide temporary shelter for qualified clients;

an owner-occupied group house;

a religious facility, including a church, synagogue, parsonage, rectory, convent, and parish home;

a transient lodging facility subject to Chapter 54;

a school dormitory;

a licensed assisted living facility or nursing home;

a building originally designed and constructed to contain only 2 dwelling units, one of which the owner currently occupies as a principal residence;

an accessory dwelling unit;

a unit subject to a regulatory agreement with a governmental agency that restricts occupancy of the unit to low and moderate income tenants;

subject to Method (2) regulations issued by the Department, a unit located within a substantially renovated building if:

a rental unit owned by a landlord who:

Its owner either sells or moves it; or

The occupant at the time this law takes effect moves. At that time, subsection (a) applies.

The owner must locate a mobile home on a space in a manner that provides clearance of at least ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end between any other unit or any building.

Every mobile home must be at least six (6) feet from any property line bounding the park. Where the mobile home space abuts another mobile home park, the owner may maintain existing setbacks.

A mobile home that is located on a mobile home space when this article takes effect may remain in place on that space. However, if the owner of the mobile home sells or moves it, or the occupant at the time this article takes effect moves, the provisions of subsections (b)(1) and (2) apply.

The owner of a park must not increase the number of mobile home spaces in the park above the number licensed when this article takes effect.