In this Chapter, the following words and phrases have the following meanings:
Accessory apartment or accessory dwelling unit: A residential unit that is:
(a) Either:
(1) In or added to an existing one-family dwelling, or
(2) In a separate accessory structure on the same lot as an existing one-family dwelling; and
(b) For use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping.
Affected tenant: Any tenant whose health, safety and welfare is, or reasonably may be, impaired by a defective tenancy.
Apartment complex: A set of related buildings that have the same landlord and that all contain multifamily rental dwelling units.
Apartment hotel: Any building or portion of a building designated for or containing both guest rooms and dwelling units.
Commission: The Commission on Landlord-Tenant Affairs.
Common ownership community:
(a) a development subject to a declaration enforced by a homeowners' association, as those terms are used in State law;
(b) a condominium, as that term is used in State law; and
(c) a cooperative housing project, as that term is used in State law.
Common ownership community fees means fees charged by the entity authorized to impose a fee on the owner or occupant of a housing unit in a common ownership community for services or the benefit of common areas in the community.
County laws: Unless otherwise indicated, Chapter 27, Article II of Chapter 8, Chapter 22, Chapter 26 and Chapter 59 and all other housing-related laws and regulations.
Defective tenancy: Any condition in rental housing that violates a term of the lease, this Chapter, or any other law or regulation.
Department: The Department of Housing and Community Affairs.
Director: The Director of the Department of Housing and Community Affairs or the Director's designee.
Dwelling unit: That portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons. Dwelling unit includes:
(a) personal property, including a mobile home as defined in Section 29-66, located in the County if the personal property is offered for lease as a residence;
(b) real property on which the personal property is situated (or will be situated) and that is necessary for the convenient use of the personal property; and
(c) property owned by the landlord that is available for use by the tenant in connection with the tenant's occupancy for which the tenant must pay rent.
Dwelling unit does not include a rented room in a single family dwelling unit.
Dwelling unit, multifamily:
(a) a dwelling unit that shares a common entrance from the outside with other dwelling units in the same building;
(b) a dwelling unit in a structure where units are arranged above or below, or next to, another dwelling unit;
(c) an accessory dwelling unit; or
(d) an individual living unit.
Dwelling unit, single-family: A dwelling unit that has at least one direct entrance from the outside for the exclusive use of its occupants. A single family dwelling unit may be detached from other dwelling units or share a side or rear wall with another dwelling unit.
Governing body of a common ownership community: The council of unit owners, board of directors, or any other body authorized by an association document to adopt binding rules or regulations.
Individual living unit: A private living accommodation, located in a personal living quarters building, that a tenant must agree to occupy for longer than 30 days, that may contain complete sanitation facilities and equipment for incidental food preparation, such as small portable kitchen appliances, but must not contain complete cooking facilities, such as a stove, oven, or similar device.
Landlord: The owner, the owner's agent, lessor, or sublessor of the dwelling unit authorized to exercise any aspect of the management of the premises, except persons engaged solely in custodial and maintenance functions. In a condominium housing structure, the owner of any dwelling unit that is designated, intended, or arranged for use or occupancy as a residence by one or more persons and for which the owner receives consideration, and the owner's agent, is a landlord. In a cooperative housing structure, any person having an ownership interest in the legal entity that holds title to the cooperative housing structure and enjoys exclusive use of a dwelling unit and for which the party who has an ownership interest in the legal entity receives consideration for leasing the dwelling unit is a landlord.
Lease: Any written agreement that establishes or modifies the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a dwelling unit.
Personal living quarters building: Any building or portion of a building that:
(a) contains at least 6 individual living units,
(b) has cooking facilities that the residents may share, and
(c) may also have shared sanitation facilities.
Rental housing: Any structure, or combination of related structures and appurtenances, including a personal living quarters building and a mobile home park as defined in Section 29-66(1), in which a landlord provides to a tenant for consideration one or more dwelling units. Rental housing does not include:
(a) any transient housing, such as a guest room in an apartment hotel, boarding house, tourist home, inn, motel, hotel, school dormitory, hospital, or medical facility; or
(b) any housing operated for religious or eleemosynary purposes.
Security deposit: Any payment of money, including the payment of the last month's rent before it is due, given to a landlord to offset nonpayment of rent or damage to the leased premises.
Tenant: Any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent.
The County Council finds that there is often unequal bargaining power between landlords and tenants; that the common law principles under which leases are interpreted as grants of right of possession rather than mutual and dependent covenants evolved in an agricultural setting and are ill-suited to the modern residential setting of this urban county; that, in order to facilitate fair and equitable arrangements, foster the development of housing that will meet the minimum standards of the present day and promote the health, safety and welfare of the people, it is necessary and appropriate that the County appoint a commission and assign responsibilities to the Department to determine certain minimum rights and remedies, obligations and prohibitions, for landlords and tenants of certain kinds of residential property.
(a) This Chapter must be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are:
(1) To simplify and clarify the law governing the rental of dwelling units.
(2) To encourage landlords and tenants to maintain and improve the quality of housing in this county.
(3) To assure fair and equitable relations between landlords and tenants.
(4) To revise and modernize the law of landlord and tenant to serve more realistically the needs of an urban society developing in the County.
(a) Subject to State law, this Chapter regulates and determines the legal rights, remedies and obligations of the parties and beneficiaries of any rental agreement concerning any rental dwelling unit located in the County.
(b) Any provision in a rental agreement, whether written or oral, that conflicts with this chapter is unenforceable under Section 29-28. An unenforceable provision does not affect other provisions of the agreement that can be given effect without the unenforceable provision.
(c) Any dwelling unit occupied by a person who has an ownership interest in the unit or by a person who is a relative of the landlord is exempt from this Chapter. In this subsection, an ownership interest includes an interest owned by the landlord, the landlord's spouse or a minor child of either, jointly or severally, that exceeds in value 3 percent of the invested capital or capital stock of any business entity that owns or manages the dwelling unit. In this subsection, relative means:
(1) the landlord's siblings, parents, grandparents, children and grandchildren, and their spouses; and
(2) the landlord's spouse and the spouse's siblings, parents, grandparents, children and grandchildren, and their spouses.
(d) Limited equity cooperatives are not subject to this Chapter.
(a) In selecting staff to carry out the responsibilities of the Department under this Chapter, the Director should consider the recommendations of the Commission. In proposing a budget to carry out this Chapter and in authorizing personnel and facilities, the County Executive should consider the recommendations of the Director and the Commission.
(b) The Department has jurisdiction over all complaints filed under this Chapter except as provided in Section 29-38.
(c) The Department has jurisdiction over all licenses granted, denied, revoked, suspended, or refused under this Chapter. In connection with this authority, each landlord must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or investigate any complaints filed under this Chapter.
In addition to any other power, duty, or responsibility assigned in this Chapter, the Director has the following duties:
(a) The Director may initiate investigations and conciliations of any alleged or apparent violation of this Chapter. In connection with this authority, all landlords must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or resolve any complaints filed under it.
(b) The Director must encourage landlords to meet with bona fide tenant associations or organizations upon a good faith request by an association or organization.
(c) In addition to any other duties, the Director must assist the Commission in carrying out its duties and implementing Commission regulations adopted under Section 29-10.
(d) In the case of condominium and cooperative rental units, the Director must encourage complaining parties to contact the council of unit owners or its designated agent or the board of directors of the condominium or cooperative, when appropriate, to attempt to resolve the dispute before filing a complaint under Article V.
(e) The Director may issue a subpoena to compel a landlord or tenant to produce relevant documents, papers, books, records or other evidence when a complaint has been filed under this Chapter.
(f) The Director must publish and maintain on the County website a model lease, drafted in clear language understandable to persons without legal training. The Director must make the model lease available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director.
(g) The Director must publish and maintain on the County website, in a printable format, a Landlord-Tenant Handbook to serve as a practical guide for landlords and tenants summarizing their respective rights and responsibilities. The Director must make the Landlord-Tenant Handbook available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director. The Director must review the handbook at least biennially and revise it as necessary.
(h) The Director must report on rental housing inspections to the Executive and the Council, by September 1 of each year. The report must include:
(1) the address of each property inspected during the prior fiscal year;
(2) 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;
(3) for each property inspected:
(A) a summary of violations by:
(i) number found;
(ii) number corrected; and
(iii) type of violation; and
(B) the status of any incomplete inspections.
(4) 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:
(A) violations found;
(B) violations corrected; and
(C) the status of the corrective action plan;
(5) the number of citations issued to each landlord during the prior and current fiscal years;
(6) the amount of fines collected from each landlord during the prior and current fiscal years; and
(7) the number of calls to the County concerning rental housing complaints, by language of the caller.
(i) The Director must provide advocacy services and assistance to tenants in relation to their rights under this Chapter.
The Commission, Department, and all County governmental agencies concerned with housing and real property must cooperate in the administration of this Chapter. The Commission and Department may, subject to the approval of the Chief Administrative Officer, use employees and facilities of other County departments in carrying out this Chapter, and these departments must make their resources available to the Commission and Department as approved by the Chief Administrative Officer.
(a) Any violation of this Chapter, unless expressly specified otherwise, is a class A violation.
(b) If enforcing this Chapter requires the County to initiate criminal or civil proceedings, the County Attorney must initiate those proceedings after receiving a referral from the Commission or the Department. After the Commission or the Department has referred a matter to the County Attorney, the County Attorney must initiate appropriate legal action, as provided under this Chapter or any other applicable law, against any person that the Commission or the Department finds to be in violation. However, if the County Attorney believes that additional information or action by the Commission or the Department is necessary to enable the County Attorney to take appropriate action, the County Attorney may refer the matter back to the Commission or the Department. Nothing in this Chapter limits the authority of the County Attorney to initiate prosecution or bring a civil action for violation of any County law or regulation whether or not the Commission or the Department has noted a violation of this Chapter.
(c) Recovery of attorney’s fees. If the County is the prevailing party in any enforcement action, the County may recover costs and reasonable attorney’s fees.
(a) Creation. The County Executive must appoint, subject to confirmation by the County Council, a Commission on Landlord-Tenant Affairs.
(b) Composition.
(1) The Commission has 12 members and 3 alternate members. Each member must be a County resident.
(2) Four members and one alternate member each must be:
(A) an owner of rental housing located in the County;
(B) a manager, or an employee of a manager, of rental housing located in the County; or an attorney who primarily represents owners or managers of rental housing; or
(C) nominated by an organization that represents owners or managers of rental housing located in the County.
(3) Four members and one alternate member each must be:
(A) a tenant of rental housing in the County, or
(B) an attorney who primarily represents tenants of rental housing; or
(C) nominated by an organization that represents tenants of rental housing located in the County.
A member appointed under this paragraph must not derive a substantial portion of his or her income from rental housing.
(4) 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.
(5) 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:
(A) $10,000 or more of that person's family income during the preceding calendar year, or
(B) the ownership of more than 5% of any rental housing unit, or any ownership interest in any business that owns or manages rental housing.
The Director must adjust the $10,000 amount in the preceding sentence each year by the increase or decrease in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, for the preceding calendar year, rounded to the nearest multiple of $10.
(c) Member disclosure.
Each member of the Commission must submit the financial disclosure statement required under Chapter 19A within 15 days after the Council confirms the member.
(d) Term. The term of each member of the Commission is 3 years. Each member continues to serve until a successor is appointed and confirmed.
(e) Compensation. Members of the Commission serve without compensation, except reimbursement for expenses as appropriated.
(f) Termination of Term. The term of a member terminates immediately if the member no longer qualifies to serve under subsection (b). In that case, the alternate for the category under which a member was appointed automatically succeeds to the remainder of that member’s term.
(g) Vacancy. The Executive must appoint a qualified person to fill each vacancy on the Commission within 30 days after the vacancy occurs. The Council must decide whether to confirm the person that the Executive appoints within 30 days after the Executive submits the appointment to the Council. A vacancy occurs when a member's term expires or a member resigns, dies, or is removed from office.
In addition to any other power, duty, or responsibility provided in this Chapter, the Commission has the following powers and duties:
(a) The Commission may adopt regulations under method (2) as necessary to carry out this Chapter.
(b) The Commission may enforce this Chapter through any appropriate means, including:
(1) providing any services available through the Department;
(2) awarding money damages against a landlord or tenant for the benefit of either, as provided in this Chapter;
(3) ordering repairs by a landlord or tenant;
(4) 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
(5) 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.
(c) The Commission must provide information that the County Council or County Executive may require.
(a) Officers. The Commission must elect from its members a chair, vice-chair, and any other officers the Commission deems necessary. Each officer serves at the pleasure of the Commission.
(b) Meetings.
(1) The chair calls all Commission meetings.
(2) The Commission must meet as often as necessary to perform its duties, but not less often than once each month.
(3) The chair must call a meeting within 10 days after receiving a request from a majority of the members.
(c) Quorum.
(1) A majority of the members of the Commission is a quorum for the transaction of business.
(2) Any official action of the Commission requires a majority vote of the members present at the meeting, but not less than 5 members.
(d) Alternates. If a Commission member is absent from a meeting, the alternate for the category under which the absent member was appointed may participate and vote at that meeting in place of the absent member.
The Department must provide staff support to the Commission.
(a) The Commission may, in its discretion, appoint non-voting ex-officio members to assist in the performance of its duties.
(b) The chair of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out any function of the Commission. Any committee appointed must consist of not less than 3 members, and no more than 2 members of any committee may be from any group listed in Section 29-9(b)(2), (3), or (4). Committee actions are not the actions of the Commission and do not bind the Commission or its members.
(c) The chair of the Commission may appoint advisory committees of citizens and at least one Commission member who in the judgment of the chair will aid the Commission in carrying out this Chapter. Advisory committee actions are not the actions of the Commission and do not bind the Commission or its members.
(a) When warranted by the size of the caseload or length of required hearings, the chair of the Commission may designate 3 members of the Commission, one of whom must be a tenant member, one of whom must be a landlord member and one of whom must be a public at large member, to sit as a panel to conduct a hearing on any complaint or appeal pending before the Commission. The chair must designate one panel member to serve as panel chair. Depending on the extent to which panels are used, the chair of the Commission must rotate panel membership among members of the Commission.
(b) If a Commission panel hears a matter, any panel member must not participate in the final decision if the member has not attended each session of the hearing. All official action by the panel must be taken by the vote of not less than 2 members of the panel. If a Commission member's term expires while the member serves on a hearing panel, that member may continue to participate in the panel until the panel has rendered a final decision.
(c) Except as otherwise provided in this Section, the provisions of this Chapter pertaining to the conduct of hearings before the Commission apply to hearings conducted by Commission panels.
(d) Decisions of a Commission panel are final and may be appealed to the Circuit Court as if they were decisions of the full Commission.
(e) If a Commission panel is unable to decide any complaint or appeal pending before it due to a tie vote resulting from the failure of any panel member to vote, the complaint or appeal must be referred to the entire Commission for the Commission's decision, based on the record established before the Commission panel, without further hearing.
The Commission must, within 30 days following each quarter of the calendar year, report to the County Executive and County Council on the number of complaints filed during that quarter, and the nature and disposition of each complaint. This report must list all court cases arising under this Chapter.
(a) The owner of a dwelling unit must obtain a rental housing license before operating the dwelling unit as rental housing. If the owner is a corporation, the corporation must be qualified to do business in Maryland under state law. Each owner must certify to the Department the name, address and telephone number of an agent who resides in Maryland and is qualified to accept service of process on behalf of the owner.
(b) The Director must issue three classes of rental housing licenses. Class 1 is a multifamily rental housing license. Class 2 is a single-family rental housing license. Class 3 is a single-family accessory apartment license.
(c) A Class 1 rental housing license is required for each apartment complex and personal living quarters building, and for each multifamily dwelling unit operated as rental housing. A Class 2 rental housing license is required for each single-family dwelling unit operated as rental housing. A Class 3 license is required for each single-family residence with an accessory apartment that does not have a special exception approved before May 20, 2013.
(a) issue a rental housing license for more than six personal living quarters buildings; or
(b) issue a rental housing license for more than one personal living quarters building in any policy area designated in the County Growth Policy.
The Department must issue an annual report not later than February 1 each year which must describe each personal living quarters building licensed during the previous year and may contain any other information about personal living quarters buildings that would assist the Council and Executive in deciding whether to allow further licensing of personal living quarters buildings beyond that allowed under this Section."
The Director must not issue a license to operate rental housing that is subject to Chapter 53A unless a notice is recorded in County land records that transfer of an interest in the rental housing is subject to Chapter 53A.
(a) Any person has committed a class A violation if the person:
(1) operates, attempts to operate, or permits the operation of rental housing that the person owns without first having obtained a rental housing license, or
(2) does not comply with a Commission order or summons.
If a person stops operating rental housing, no penalty will apply during the sixty-day period that tenants have to vacate the housing as specified in Section 29-25.
(b) In addition to any criminal or other penalty provided in this Chapter, the County Attorney may initiate an appropriate civil action to correct any violation of this Article under Section 29-8, and any court with jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate relief.
(a) To obtain a rental housing license, the prospective operator must apply on a form furnished by the Director and must pay the required fee. If the Director notifies the applicant of any violation of law within 30 days, the Director may issue a temporary license for a period of time the Director finds necessary to achieve compliance with all applicable laws.
(b) Accessory dwelling unit rental license.
(1) 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:
(A) 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.
(B) the principal dwelling or accessory dwelling unit is the primary residence of the applicant for an accessory dwelling unit rental license. Evidence of primary residence includes:
(i) the owner’s most recent Maryland income tax return;
(ii) the owner’s current Maryland driver’s license; or
(iii) the owner’s real estate tax bill for the address of the proposed accessory dwelling unit;
(C) the applicant certifies to the Director that an accessory dwelling unit is not prohibited by any common ownership community governing documents and any common ownership community fees for the dwelling unit are no more than 30 days past due; and
(D) the Director finds that:
(i) the accessory dwelling unit satisfies the standards for an accessory dwelling unit in Section 59.3.3.3 and if needed, a Hearing Examiner granted a waiver under Section 29-26; or
(ii) the accessory dwelling unit was approved under Article 59-G as a special exception under the Zoning Ordinance applicable before October 30, 2014 or under 2014 Zoning Ordinance § 59.3.3.3 as a conditional use.
(2) Upon receipt of an application for an accessory dwelling unit license, the Director must:
(A) send a copy of the application to the Office of Zoning and Administrative Hearings and the governing body for any applicable common ownership community, within 5 days after the date the application was accepted by the Director;
(B) inspect the lot or parcel identified in the application and the proposed accessory dwelling unit;
(C) complete a report on any repairs or improvements needed to approve the application;
(D) issue a report on all required findings within 30 days after the date the application was accepted by the Director;
(E) post a copy of the Director’s report on findings on the internet web site identified on the applicant’s sign; and
(F) issue or deny a new license 30 days after the issuance of the Director’s report unless:
(i) a timely objection is filed under Section 29-26; or
(ii) improvements to the property are required before the license may be approved.
(3) The Director may renew a license for an accessory dwelling unit at the request of the applicant if:
(A) the applicant:
(i) attests that the number of occupants will not exceed the requirements of Section 26-5 and there will be no more than 2 residents in the dwelling unit who are older than 18 years;
(ii) attests that one of the dwelling units on the lot or parcel will be the primary residence of the owner; and
(iii) acknowledges that by obtaining a license the applicant gives the Director the right to inspect the lot or parcel including the accessory dwelling unit.
(4) 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.
(5) 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.
(6) The Director must maintain a public list and map showing each Class 3 license and each accessory dwelling unit with a Class 1 license.
(c) Where a rental building has not been completely constructed or renovated, the Director may issue a temporary license for that part of the building that has been completely constructed or renovated if the landlord has:
(1) obtained a temporary certificate of occupancy under Chapter 8; and
(2) complied with all other applicable laws.
However, the temporary license expires when a license to operate the entire building is issued.
(d) The Director must not issue a rental housing license for a personal living quarters building unless the applicant has submitted a satisfactory management plan. The plan must specify who will manage the building and explain what the manager will do to achieve acceptable levels of safety, sanitation, and security in the building's common areas.
(e) Common ownership community fees.
(1) 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.
(2) 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:
(A) a recorded statement of lien obtained under the Maryland Contract Lien Act; or
(B) an unsatisfied judgment against the owner.
(f) Each licensee must give the Department a current address for the receipt of mail. If the Department sends first class or certified mail to the licensee at the designated address and the mail is returned as undeliverable, the Department may treat the mail as having been received.
(a) Except as provided in subsections (b) and (c), the annual license fee per dwelling unit is:
(1) for a Class 1 multi-family rental facility license:
(A) $44.00 per dwelling unit in an apartment complex or an accessory dwelling unit approved by special exception; and
(B) $59.00 per dwelling unit for all others;
(2) for a Class 2 single-family rental facility license, $101.00 per dwelling unit;
(3) for a Class 3 accessory dwelling unit license $101.00 per unit.
(b) Fee exemption for an accessory dwelling unit occupied by an individual with disabilities.
(1) A license applicant is exempt from any fee associated with the licensure of an accessory dwelling unit occupied by an individual with disabilities.
(2) 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:
(A) receives Social Security Disability benefits based on blindness or disability under Title II of the Social Security Act, as amended;
(B) receives Supplemental Security Income benefits based on blindness or disability under Title XVI of the Social Security Act, as amended;
(C) receives disability compensation from the U.S. Department of Veterans Affairs;
(D) is the beneficiary of an ABLE account under Section 529A of the Internal Revenue Code, as amended; or
(E) has a written certification, signed by a physician licensed in the State of Maryland, that the individual:
(i) has a severe medically determinable impairment that results in marked and severe functional limitations, which have lasted, or can be expected to last, for at least 12 months or to result in death; or
(ii) is blind, which means the individual has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(3) If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.
(4) The Director must protect the confidentiality of any individual health information received under this Section to the maximum extent permitted by law.
(c) Annual fee exemption for a rent-free accessory apartment.
(1) 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.
(2) 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.
(3) If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.
(d) By method (3) regulation, the Executive may establish annual fees that are:
(1) higher than those specified in subparagraph (a); and
(2) in amounts sufficient to pay the costs of administering this Chapter.
The licensee for an apartment complex or a personal living quarters building must display the rental housing license in the lobby, vestibule, rental office, or other prominent public place on the premises during the entire period the license is effective. In all other licensed rental dwelling units the landlord need not display the license.
(a) Except as provided in this Section, the Director must inspect each apartment complex and personal living quarters building licensed as rental housing, at least once within each three-year period to determine if it complies with all applicable laws. The Director may inspect an apartment complex or personal living quarters building more often than the triennial inspection.
(b) The Director must inspect, at least once each year, any rental housing which, after inspection, the Director:
(1) finds in violation of any applicable law that adversely affects the immediate health and safety of the tenants, including:
(A) rodent or insect infestation affecting 20% or more units in a building;
(B) extensive and visible mold growth on interior walls or surfaces exposed to the occupied space;
(C) windows that do not permit a safe means of egress;
(D) pervasive and recurring water leaks that result in chronic dampness, mold growth, or personal property damage in more than one unit; or
(E) lack of one or more working utilities that is not shut off due to tenant non-payment, including:
(i) natural gas;
(ii) electricity;
(iii) water;
(iv) sewage disposal; or
(2) determines to be a troubled property, under a procedure established by method (2) regulation that:
(A) classifies violation types by severity; and
(B) rates properties by:
(i) severity of violations; and
(ii) quantity of violations.
(c) The Director must require a corrective action plan for any property subject to annual inspections under subsection (b). A property required to develop and implement a corrective action plan must be inspected at least once each year until the Director determines that the corrective action plan has been successfully completed.
(d) The Director may inspect any other rental housing if the Director receives a complaint or a request from a landlord or tenant or believes that the rental housing does not comply with all applicable laws.
(e) As a condition of receiving a license under this Chapter, a landlord must agree to:
(1) allow access to the Department for any inspection required under this Chapter or Chapter 26;
(2) 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
(3) when subject to annual inspection under subsection (b), provide quarterly updates to the Director listing all maintenance requests received by the landlord from tenants.
(f) If an inspection indicates that any rental housing does not comply with all applicable laws, the Director must notify the landlord in writing and order correction of each violation within a specified period of time. If the landlord does not correct the violation in the specified period of time, the Director may:
(1) authorize a tenant to:
(A) have the violation corrected by a licensed contractor selected from a list maintained by the Director; and
(B) deduct the reasonable cost of the repair up to the amount of one month’s rent, from the tenant’s rent; or
(2) revoke the license or take other remedial action under Section 29-25.
(g) A landlord of licensed rental housing notified after initial inspection of a violation of applicable laws must pay the cost of the third, and subsequent inspections, as established by regulation, if the violation is not corrected by the second inspection.
(a) The Director must, by July 1, 2019, inspect a sample of each multifamily rental property for which a certificate of occupancy was issued before January 1, 2015.
(b) The Director must provide to the Council, by January 15, 2017, a plan to inspect rental housing under subsection (a) that includes:
(1) a means of prioritizing inspections;
(2) standardized inspections for all units; and
(3) an estimate of the cost for conducting the inspections.
Each license must be issued for a term of one year, renewable for additional one-year terms, subject to payment of the license fee and compliance with all applicable laws. Renewal of licenses must follow procedures established by the Director.
(a) If an applicant for or the holder of a license transfers ownership or no longer is an agent for the licensed rental housing or changes address, the applicant or licensee must notify the Department within 10 days of the change. The Director may reject an application or suspend or revoke a license if the applicant or licensee does not notify the Department as required by this subsection.
(b) Any person who takes over the operation of licensed rental housing may transfer the license for the unexpired portion of the term for which it was issued by applying to the Director within 15 days after taking over operation and paying a license transfer fee of at least $5 per dwelling unit, but not exceeding $25. Nothing in this Section affects the validity of any sale, transfer, or disposition of any interest in real estate. This subsection does not apply to accessory dwelling units.
(c) Whenever the ownership of any rental housing changes hands, the transferor must notify all tenants of the name, address and office location of the transferee. If the transferee is a corporation, the transferor must list the name and address of the resident agent of the transferee.
(a) The Director may revoke, deny, or suspend a license for all or part of any rental housing at any time if the landlord, after 10 days' written notice, does not eliminate or initiate bona fide efforts to eliminate violations of applicable laws. Revocation, denial or suspension of a license is in addition to, and not a substitute for, any other penalties provided for the violations.
(b) If a license is revoked or any application, including an application for license renewal, is denied, and the landlord stops renting the housing, the landlord must give any tenants occupying the housing 2 months written notice to vacate the premises. The 2 month period must begin on the first day of the month after service of the notice. In addition, a copy of the notice must be delivered to the Director.
(c) Any person aggrieved by an action of the Director under this Article may, within 10 days after receiving written notice of the action, appeal that action to the Commission by filing a notice of appeal with the Director. Except for the revocation of a license, an appeal does not stay the Director's action unless the Commission stays the action for good cause. An appeal does not stay revocation of a license.
(d) Within 15 days after a notice of appeal is filed, the Commission or a panel designated under Section 29-14 must conduct a hearing, at which the person aggrieved must have an opportunity to be heard. The hearing must be open to the public and the Commission must maintain records and minutes. The Commission may summon all witnesses it deems necessary. A summons so issued must be signed by the chair of the Commission or the chair's designee and requires the attendance of named persons and the production of relevant documents and records. Failure to comply with the summons is a violation of this Chapter.
(e) Within 10 days after the hearing, the Commission or Commission panel must, by order, either reverse, modify, or affirm the action appealed. The Commission or Commission panel must issue its findings, opinions, and orders in writing and provide a copy to the person aggrieved. The Commission may extend the time for any hearing and the issuance of any findings, opinions, and orders.
(a) Any person aggrieved by a final action of the Commission rendered under this Article may appeal to the Circuit Court under the Maryland Rules of Procedure for judicial review of a final administrative agency decision. An appeal does not stay enforcement of the Commission’s order.
(b) Waivers and objections concerning any new accessory dwelling unit license.
(1) 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.
(2) Any other aggrieved person may file an objection and request for a hearing with the Office of Zoning and Administrative Hearings by:
(A) objecting to any finding of fact by the Director; or
(B) alleging that on-street parking is inadequate.
(3) 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.
(4) 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.
(5) The Hearing Examiner may only decide the issues raised by the waiver or objection.
(6) The Hearing Examiner may waive on-site parking standards if:
(A) the available on-street parking for residents within 300 feet of the proposed accessory dwelling unit would permit a resident to park on- street near his or her residence on a regular basis; and
(B) the proposed accessary dwelling unit is not likely to reduce the available on-street parking within 300 feet of the proposed accessory apartment.
(7) 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.
[(8)] [Reserved.]
(9) 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.
(10) 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.
(11) The Director must issue or deny the license based on the final decision of the Hearing Examiner.
(12) 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.
Each lease for rental housing located in the County must:
(a) Not contain a waiver of notice to quit.
(b) Contain no waiver of the landlord's liability for damage caused by the landlord's negligence or violation of any applicable laws, and provide for reimbursement to the tenant for any damage sustained by the tenant due to the negligence of the landlord.
(c) Acknowledge the landlord's responsibility for maintenance of the rental housing and incorporate by reference Chapter 8, Chapter 22, Chapter 26, and Chapter 59, as an express warranty of habitability and covenant to repair.
(d) Except as provided in subsection (c), incorporate no collateral agreement or provision by reference unless a copy of the collateral agreement or provision is attached to all copies of the lease.
(e) Not authorize any confession of judgment for rent due.
(f) Contain no provision for penalty for late payment in excess of 5 percent of the amount of rent due for the rental period for which payment is delinquent.
(g) Contain no waiver of any right or protection afforded under this Chapter.
(h) Contain no provision authorizing the lessor to take possession of the leased premises or the tenant's personal property on the premises without formal legal process.
(i) Require itemization of all charges for repair of damages to the premises, claimed by the landlord or tenant, and providing that the charges must be substantiated upon written request.
(j) Require the deposit of all security deposits in accordance with state law.
(k) Notify the tenant where the tenant can inspect a copy of the rental housing license.
(l) Require a minimum of 10 days before late fees may be charged.
(m) Contain a covenant that the landlord will deliver the leased premises and all common areas in a clean, habitable and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws. In a condominium or cooperative housing structure, the landlord is required to deliver only the dwelling unit in a clean, habitable and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws.
(n) Contain no agreement by a tenant to:
(1) waiver the right to a trial by jury;
(2) pay court costs that exceed actual costs awarded by a court; or
(3) pay legal costs or attorney fees other than those awarded by a court after the court finds that the fees and costs are reasonable.
In addition, any agreement obligating a tenant to pay a landlord's attorney's fees must:
(4) 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
(5) 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.
(o) Require written receipts for all cash or money orders paid by the tenant to the landlord for rent, security deposits or otherwise.
(p) Specify that the landlord may enter any dwelling unit if the landlord has given due notice to the tenant and the tenant has not reasonably objected, to:
(1) make necessary repairs, decorations, alterations or improvements;
(2) supply services only by mutual agreement during normal business hours, except in an emergency; or
(3) 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;
but nothing in this subsection prevents the landlord from entering any dwelling unit in an emergency situation or, after due notice, when the landlord is required to allow the Department access for an inspection under this Chapter or Chapter 26, or when the landlord has good cause to believe the tenant may have damaged the unit or may be in violation of this Chapter.
(q) Permit the tenant to sublease the dwelling unit with the landlord's written permission, which the landlord must not unreasonably withhold. This subsection does not apply to:
(1) a rental dwelling unit in a common ownership community if a valid legal restriction prohibits subleasing;
(2) an accessory dwelling unit;
(3) a mobile home under Section 29-66; or
(4) an individual living unit.
(r) Contain no provision for a lien on behalf of the landlord on the tenant's chattels, except as provided by state law.
(s) Allow the tenant to terminate the lease upon 30 days’ written notice to the landlord due to:
(1) an involuntary change of employment from the Washington metropolitan area;
(2) the death of major wage earner;
(3) unemployment;
(4) the tenant or the tenant’s child being a victim of domestic violence;
(5) a landlord harassing the tenant or violating the tenant’s privacy rights;
(6) the tenant or tenant’s spouse:
(A) being 62 years of age or older;
(B) being unable to live independently; and
(C) needing to move to a nursing home or other senior citizen housing;
(7) the tenant being incarcerated or declared mentally incompetent;
(8) 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:
(A) the tenant has allowed the landlord access to make the required repairs; and
(B) after reinspection within the prescribed time period, the Department determines that the violation has not been corrected; or
(9) other reasonable cause beyond the tenant’s control.
Except for the reason listed in paragraph (s)(8), the lease may provide that in the event of termination under this provision, the tenant is liable for a reasonable termination charge not to exceed the lower of one month’s rent or actual damages sustained by the landlord.
(t) Allow the tenant to convert a one-year lease to a two-year lease within 30 days after signing the lease, unless the one-year lease was offered by the landlord consistent with subsection 29-28(c).
(u) Notify the tenant that:
(1) general information and assistance is available from the Department regarding:
(A) questions about any addenda to the lease;
(B) evictions; and
(2) 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.
(v) Permit the tenant to correct violations of applicable law in the unit and deduct the reasonable cost of the repairs from the tenant’s rent as authorized by the Director under subsection 29-22(f).
(w) Contain a plain language summary of tenant rights and responsibilities, in a form established by the Executive by method (2) regulation that includes, at a minimum:
(1) the term of the lease;
(2) the amount of the rent;
(3) the date on which the rent is due;
(4) the tenant’s responsibility, if any, for utility costs;
(5) a list of additional tenant rights and responsibilities under the lease; and
(6) information about services available to tenants from the Department and the Commission.
(x) Contain a statement that a property or liability insurance policy purchased by the landlord does not provide coverage for the personal belongings of a tenant and the statement must specify whether the tenant is required to obtain renter’s insurance under the terms of the lease agreement. The statement must be acknowledged by each tenant with a signature or initials.
(y) Provide information about whether the building is fully protected by an automatic sprinkler system.
(z) Contain an emergency safety plan for a multifamily building approved by the Department of Permitting Services under Section 22-74.
(a)(a) include the addendum under Section 29-28(h)(2) that was signed and dated by the occupying tenant.
(a) The plain language summary required under Section 29-27, as amended in Section 1, must be included with all leases entered into or renewed after the effective date of the regulation establishing the form of the plain language summary.
In Kessler v. Equity Management, Inc., 82 Md. App. 577, 572 A.2d 1144 (1990), the court upheld the requirement that a landlord provide prior notice to a tenant before entering leased premises, as specified in § 29- 26(q) and held that the right to prior notice was unaffected by the tenant’s arrearage in payment of rent. Provisions in a former County law similar to subsections (a) and (f) above were upheld in County Council for Montgomery County v. Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973). Such case also held that the County cannot prohibit oral leases.
(a) A copy of each written lease form used by a landlord must be filed with the Director.
(b) Each landlord must give each prospective tenant a copy of the proposed lease. Prospective tenants must have the right to examine the proposed lease at any location the tenant chooses.
(c) The landlord must offer each lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to offer a different term.
(1) This subsection does not apply to:
(A) a rental unit located in a common ownership community if an applicable legal restriction prohibits a 2-year lease;
(B) an accessory dwelling unit;
(C) a mobile home under Section 29-66; or
(D) an individual living unit.
(2) 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.
(3) 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:
Montgomery County law requires each landlord to offer each prospective tenant a lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to do otherwise. The tenant may accept or reject this offer. Before signing this lease, the tenant confirms that (initial and date one option):
(A) The landlord offered me a two-year lease term and I accepted it.
(B) The landlord offered me a two-year lease term but I rejected it.
(C) The landlord gave me a statement:
(i) explaining why the landlord had reasonable cause not to offer me a two-year lease term; and
(ii) telling me that I can challenge the landlord's action by filing a complaint with the Montgomery County Department of Housing and Community Affairs.
(4) 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.
(5) 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.
(d) Any lease term that contradicts this Chapter is not enforceable by the landlord.
(e) Before giving a notice of past-due rent, issuing a written quit and vacate notice, or beginning any judicial proceeding to regain the leased premises, a landlord must notify the tenant that general information and assistance regarding evictions are available from the Department.
(f) At the beginning of a lease term, each landlord must provide each tenant with a copy of the Landlord-Tenant Handbook unless the tenant signs a statement declining a hard copy and accepting referral to the Landlord-Tenant Handbook maintained on the County website.
(g) Unless the tenant is in breach of the lease, if a landlord does not intend to offer an existing tenant a renewed lease term, the landlord must give the tenant 60 days’ notice of the landlord’s intent to terminate tenancy at the lease expiration.
(h) Rental applications. A rental application must:
(1) comply with the requirements of Section 27-15A; and
(2) 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).
(i) A landlord must not increase the rent included on a completed rental application:
(1) within 7 calendar days of the application; or
(2) based upon any discriminatory purpose prohibited under Chapter 27, including the source of income of the prospective tenant.
Provisions of a prior County ordinance which were similar to subsection (c) above were upheld in County Council for Montgomery County v, Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).
Provisions of a prior County ordinance dealing with evictions were held invalid as in conflict with state law in County Council for Montgomery County v. Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).
Each tenant must, in addition to all other applicable legal requirements:
(a) Keep that part of the premises that the tenant occupies and uses as clean, sanitary, and safe as the conditions of the premises permit. A tenant of a single-family dwelling unit must cut any grass and weeds periodically and must not allow grass and weeds to grow more than 12 inches high.
(b) Dispose from the dwelling unit all rubbish, garbage and other organic or flammable waste in a clean and sanitary manner. A tenant of a single-family dwelling unit also must provide and maintain appropriate receptacles to remove ashes, rubbish, and garbage.
(c) Keep all plumbing fixtures as clean and sanitary as their condition permits.
(d) Properly use and operate all electrical and plumbing fixtures.
(e) Not permit any person on the premises with the tenant's permission to willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances.
(f) Comply with all covenants, rules, and requirements that are brought to the attention of the tenant, that the tenant consents to in writing, and that are reasonably necessary to preserve the property of the landlord, other tenants, or any other person.
(g) not knowingly or willingly touch, damage, remove or alter any indoor mercury service regulator on the premises of any rental property.
(a) Each landlord must reasonably provide for the maintenance of the health, safety, and welfare of all tenants and all individuals properly on the premises of rental housing. As part of this general obligation, each landlord must:
(1) 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.
(2) Keep all areas of the building, grounds, facilities, and appurtenances in a clean, sanitary, and safe condition.
(3) 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.
(4) Maintain all electrical, plumbing, and other facilities and conveniences supplied by the landlord in good working order.
(5) 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.
(6) 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.
(7) 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:
(A) electric and gas submeters; and
(B) energy allocation systems.
(8) 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:
(A) filing a complaint under this Chapter; and
(B) the retaliatory practices prohibited under this Chapter.
(9) 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.
(10) comply with Section 29-35C.
(11) comply with Section 29-35D.
(12) comply with Section 29-35E.
(13) Prepare and maintain an emergency safety plan in compliance with Section 22-74.
(b) If the duty imposed by subsection (a)(1) is incompatible with, or greater than, a duty imposed by any other part of this Section, subsection (a)(1) governs.
(c) Subsections (a)(2) and (a)(5) do not apply to a dwelling unit located in a condominium or cooperative housing structure.
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.
(b) The requirement that landlords provide certain information concerning electric and gas utility billing under Section 29-30, as amended in Section 1, takes effect 180 days after this Act becomes law.
(a) Each landlord of an apartment complex in the County must:
(1) post a durable notice in an accessible, conspicuous and convenient place in each building to which the notice applies; or
(2) distribute the notice directly to all tenants.
The notice must contain the name or title and telephone number of at least one responsible representative of the building management who may be reached 24 hours a day, 7 days a week.
(b) A landlord renting any dwelling unit that is not located in an apartment complex must give the lessee the name, title and telephone number of at least one responsible representative of the landlord who may be reached 24 hours a day, 7 days a week.
(c) Before a tenant executes a lease for an initial term of 125 days or longer, the owner of the dwelling unit must give the tenant a copy of any rule, regulation, declaration, or covenant that binds the owner and affects the use and occupancy of the unit or any common area associated with the unit. The lease must expressly state that any obligation of the owner that affects the use and occupancy of the unit or any common area associated with the unit is enforceable against the tenant.
(d) Notification of building-wide outages, maintenance, and repairs. A landlord must provide notice to all tenants if an apartment complex has any scheduled or unscheduled building-wide outage, maintenance, repair, or disruption of essential services related to the following:
(1) electricity;
(2) water;
(3) heat;
(4) power generator; or
(5) elevator.
(e) Contents of the notice.
(1) A notice required under subsection (d) must be sent at least 7 days before a scheduled service interruption; or
(2) in the absence of an emergency, at least 24 hours before an unscheduled service interruption; and
(3) contain the following:
(A) the date of proposed scheduled work or service interruption;
(B) the estimated time of repair; and
(C) information regarding the communication method that will be used to provide updates about service interruption until the issue is resolved.
(f) Posting and electronic delivery of notice. The landlord must:
(1) post the notice in an accessible, conspicuous, and convenient location in the building; and
(2) if feasible, send electronically to all tenants either by:
(A) email;
(B) text message; or
(C) online tenant portal.
(a) Advance notice – required.
(1) 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:
(A) sending the notice by first-class mail with certificate of mailing;
(B) posting the notice on the front door of the leased premises and taking a date-stamped photograph of the notice posted on the front door; and
(C) if the landlord knows or has on file the e-mail address or cellphone number of the tenant, sending the notice electronically to the tenant by an e-mail message or a text message.
(2) The landlord must:
(A) provide written notice under paragraph (1) to the tenant in the manner and format required under Title 8 of the Real Property Article of the Maryland Code, as amended;
(B) include with the notice a written statement that:
(i) identifies a URL established by the Department under paragraph (3) of this subsection; and
(ii) informs the tenant that information and resources related to eviction are available at the URL; and
(C) at least 14 days before the scheduled date of repossession as set by the Sheriff, provide to the Department, in the manner and format required by the Director:
(i) a copy of the full written notice required under paragraph (1) pursuant to Title 8 of the Real Property Article of the Maryland Code, as amended; and
(ii) a copy of the written statement provided to the tenant under paragraph (B) of this subsection.
(3) 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.
(b) Information sharing. The Department must:
(1) maintain a record of each notice it receives under subsection (a); and
(2) immediately upon receipt of a notice under subsection (a), share the notice with the Department of Health and Human Services.
(c) Penalties.
(1) A landlord commits a Class A civil violation if the landlord:
(A) fails to provide notice as required under this Section; or
(B) intentionally provides false or misleading information to a tenant under this Section.
(2) 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) No landlord may make any changes in the landlord's leasing or business practices with respect to any dwelling unit subject to this Chapter to avoid compliance with any provision of this Chapter.
(b) A landlord must not evict or attempt to evict, or take any other retaliatory action against any tenant who exercises any rights conferred upon the tenant by this Chapter or any tenant who assists another tenant in exercising those rights. As used in this subsection, "other retaliatory action" includes any unreasonable rent increase, threat, coercion, harassment, or violation of privacy, and any reduction in the quality or level of services available to the tenant that is not authorized by this Chapter or state law. Evictions or attempted evictions prohibited by this subsection are "retaliatory evictions".
(c) A landlord must not actually or constructively evict or attempt to evict a tenant from, or deny a tenant access to, the dwelling unit occupied by the tenant without following the judicial process authorized in state law to obtain possession of the dwelling unit.
(a) Tenants have the right to self-organization; to form, join, meet, or assist one another within or without tenant organizations; to meet and confer through representatives of their own choosing with landlords; to engage in other concerted activities for the purpose of mutual aid and protection; and to refrain from any such activity.
(b) Tenants and tenant organizations have the right of free assembly in the meeting rooms and other areas suitable for meetings within rental housing during reasonable hours and upon reasonable notice to the landlord to conduct tenant organization meetings. A landlord must not charge a tenant organization or a group of tenants seeking to form a tenant organization a fee for the first meeting of each month held to discuss landlord- tenant issues, but the landlord may charge a reasonable fee for other uses of the meeting rooms or common areas. The charge must not exceed the regular schedule of fees for the facility to other groups. The landlord may also impose reasonable terms and conditions on the use of the meeting rooms or common areas if those terms and conditions do not undermine the purposes of this Section.
(c) Tenants and resident tenant organizations have the right to distribute freely and post in centrally located areas of rental housing literature concerning landlord-tenant issues if the origin of the literature is properly identified.
(d) Tenant organizations may file complaints under any provision of this Chapter in a representative capacity on behalf of those tenants who have authorized representation. Nothing in this Chapter permits any tenants' organization to represent exclusively any tenant or class of tenants unless specifically authorized to do so.
(a) Any tenant subject to a reduction or elimination of service or equipment which the landlord is required to maintain and that the landlord provided when the tenancy began may file a complaint under this Chapter, alleging breach of the lease. The Commission, after completing the administrative process specified in Article V and finding such a breach, may award damages, order the landlord to reduce the rent in an amount commensurate with the actual cost savings accruable to the landlord as a result of reducing the service or equipment, or both.
(b) Any transfer or conversion of responsibility from the landlord to the tenant of any utility payments, including submetering and individual metering systems, must comply with the following process:
(1) 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.
(2) 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.
(3) 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.
(4) The transfer of financial responsibility for utilities must take effect at the start of a rent payment cycle.
(5) 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).
(6) Any submetering action must comply with regulations of the state Public Service Commission.
(c) Subsections (a) and (b) do not allow a landlord to reduce or eliminate any essential service or equipment required by law. Subsections (a) and (b) do not apply to temporary interruptions of service or equipment otherwise maintained by the landlord. In the case of temporary interruptions of service or equipment, the Commission may award the tenant actual damages, if any, that resulted from a breach of the lease or the negligence of the landlord.
(a) Definitions. In this Section, the following words have the meanings indicated.
(1) 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.
(2) Elderly means at least 60 years old.
(b) Prohibition. A landlord must not prevent or attempt to prevent an elderly or disabled tenant from keeping a household pet unless at the time occupancy begins the landlord gives the tenant a written lease that specifically prohibits the tenant from keeping a household pet.
(c) Liability. A tenant is liable for damage that the tenant's household pet does to the premises.
(d) Rules.
(1) 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.
(2) 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:
(A) The landlord gives the tenant written warning of a violation of rules made under this subsection; and
(B) The tenant does not correct the violation within 7 days after the landlord gives the warning.
(3) The Executive may issue a regulation under method (3) to specify what are reasonable rules under this subsection.
(a) A landlord, the governing body of a common ownership community, or the owner or operator of a non-residential property that rents parking spaces for motor vehicles and bicycles must not charge rent or any other fee for parking a bicycle that exceeds the following fraction of any rent or fee charged for parking a motor vehicle:
(1) one-sixth, for a secure, fully enclosed bicycle locker; or
(2) one-tenth, for any other bicycle parking space.
(b) This Section does not require a landlord, a governing body, the owner or operator of a non-residential property, or any other person to charge rent or fees for bicycle parking.
(a) Definitions. As used in this Section:
Permanently displaced tenant means a tenant that is required to vacate rental housing for 30 days or more because the rental housing is condemned as unfit for human habitation under Section 26-13.
Temporarily displaced tenant means a tenant that is required to vacate rental housing for less than 30 days because the rental housing is condemned as unfit for human habitation under Section 26-13.
(b) Relocation payment required. Except as provided in subsection (f), a landlord must pay a relocation payment to a permanently or temporarily displaced tenant.
(c) Relocation amount.
(1) Permanently displaced tenants. For a permanently displaced tenant, the landlord must, within 72 hours of the posting of the condemnation:
(A) return to the permanently displaced tenant the tenant’s security deposit with required interest;
(B) pay to the permanently displaced tenant any pro rata rent for the remainder of the month; and
(C) pay to the permanently displaced tenant the greater of:
(i) 3 months’ fair market value rent for a unit of comparable size, as established by the most current Federal Department of Housing and Urban Development schedule of fair market rents for the zip code of the rental housing being vacated; or
(ii) 3 months’ of the tenant’s rent under the lease at the time of relocation.
(2) Temporarily displaced tenants.
(A) For a temporarily displaced tenant, the landlord must, within 24 hours of the posting of the condemnation:
(i) provide alternative, safe, legal, comparable housing, as determined by the Department, for the temporarily displaced tenant and the tenant’s belongings for the displacement period; and
(ii) pay for the costs of the immediate relocation of the temporarily displaced tenant and the tenant’s belongings.
(B) At the end of the displacement period, the landlord must pay the costs to move the tenant and the tenant’s belongings back to the tenant’s original rental housing.
(C) If the replacement housing provided under subsection (c)(2)(A) is not comparable, the landlord must pay an approved allowance determined by regulation.
(D) A landlord must ensure that the lease in effect at the time of a temporarily displaced tenant’s return to the tenant’s original rental housing contains lease provisions substantially similar to the lease in effect at the time of displacement, including provisions regarding the length of the lease term and the amount of rent due.
(3) Alternative payment.
(A) Notwithstanding the relocation payment required under this Section, a landlord and tenant may agree to an alternative arrangement if the alternative arrangement:
(i) is of equal benefit to the tenant; and
(ii) is evidenced by a written agreement between the tenant and the landlord that meets the criteria in subsection (c)(3)(B).
(B) A written agreement detailing the alternative arrangement must contain:
(i) the names of the current occupants of the condemned rental housing;
(ii) the address of the condemned rental housing;
(iii) a statement indicating the amount of the relocation payment to which the tenant is entitled under subsection (c)(1) or (c)(2);
(iv) a statement that the tenant has waived the right to the relocation payment;
(v) a description of the alternative arrangement; and
(vi) the address, if known, of the location to which the tenant plans to move.
(d) Proof of compliance. Within 5 days after the displaced tenant vacates the rental housing, a landlord must provide the Department with a copy of the check or money order provided to the displaced tenant and a receipt signed by the tenant.
(e) First right to reoccupy.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) A permanently displaced tenant may waive the right to reoccupy the rental housing at any time after displacement.
(f) Exception. A landlord is not required to provide a relocation payment or first right to reoccupy rental housing if the Director determines the rental housing is condemned due to events that are beyond the control of the landlord.
(a) Definition. For purposes of this section, an indoor mercury service regulator means equipment that:
(1) is installed and owned by a gas utility company to regulate the supply of natural gas to a structure;
(2) contains mercury; and
(3) is located inside a structure.
(b) Applicability.
(1) Except as provided in paragraph (2), this section applies to a landlord of a multifamily dwelling in a structure built before 1968.
(2) This section does not apply to a landlord of a dwelling unit in a common ownership community.
(c) Required landlord efforts. A landlord must make reasonable efforts to:
(1) take a photograph of any meter that could be an indoor gas service regulator located on any rental property leased by the landlord;
(2) provide a copy of the photograph to the gas utility company; and
(3) cooperate with the gas utility company to schedule the replacement of any indoor mercury service regulator.
(d) Notification.
(1) 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.
(2) The landlord must provide a copy of the notice to the Department.
(e) Enforcement.
(1) The Department must enforce this section under Section 29-8.
(2) A violation of this section is a Class A violation.
(f) Database. The Department must maintain data, in a searchable form available to the public, regarding notifications received by the Department under subsection (d).
(a) Applicability.
(1) This section applies to any multifamily dwelling unit.
(2) This section does not apply:
(A) to a ground-floor or basement window;
(B) to a window containing an air-conditioning unit, if the unit is bolted to the window opening and not surrounded by an open space exceeding 4 inches;
(C) to a window that is not designed to open; or
(D) to the extent that a window guard would cause a violation of a fire safety requirement, or an egress requirement, under Chapter 26, Chapter 8, or Chapter 22.
(b) Window guards required.
(1) 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.
(2) The landlord of a multifamily dwelling must install and maintain a window guard in each window of a habitable room if:
(A) a child of age 10 or younger occupies the dwelling unit; or
(B) a tenant of the dwelling unit requests in writing the installation of window guards.
(3) A window guard installed under paragraph (2) must meet minimum safety standards prescribed by the Director.
(4) 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.
(5) The Director must conduct outreach and educate landlords and tenants of multifamily dwelling units about the requirements of this section, including through:
(A) the Department’s website;
(B) sample notification and lease language; and
(C) the Landlord-Tenant Handbook.
(c) Responsibility of tenants and other persons. A person must not:
(1) obstruct or interfere with the installation of a window guard required under this section; or
(2) remove or disable a window guard required under this section.
(d) Notification to tenants; lease requirements.
(1) 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.
(2) 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:
(A) be in writing;
(B) be provided to the tenant in the form and manner prescribed by the Director; and
(C) include, at a minimum, a checklist, to be signed and dated by the tenant, that indicates:
(i) whether a child of age 10 or younger occupies or will occupy the dwelling unit;
(ii) if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard; and
(iii) whether an existing window guard requires repair or maintenance.
(3) 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).
(4) Leasing requirements. The landlord:
(A) must include in the lease, or an addendum to the lease, the requirements of this section; and
(B) must not charge the tenant for the installation or maintenance of a window guard under this section.
(5) The lease or addendum under paragraph (4) must include a statement, signed and dated by the tenant, that indicates:
(A) whether a child of age 10 or younger occupies or will occupy the dwelling; and
(B) if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard.
(a) Definitions. In this Section, the following terms have the meanings indicated:
Action Level means the level of radon in a building, which if, equal to or above the United States Environmental Protection Agency’s (EPA) recommended action level, triggers mitigation.
Mitigation means measures designed to permanently reduce indoor radon concentrations.
Multifamily dwelling has the same meaning as in Section 29-1.
Radon has the same meaning as stated in Section 40-13C(a).
Radon test has the same meaning as in Section 40-13C(a).
Radon hazard means exposure to indoor radon concentrations at or in excess of the United States Environmental Protection Agency’s recommended radon action level.
Single-family home means a single-family detached or attached residential building. A single-family home does not include a residential unit in a condominium or a cooperative housing corporation.
Tenant has the same meaning stated in Section 29-1.
(b) Applicability. This Section applies to all ground-contact or basement unit(s) of a residential rental in:
(1) a single-family home; or
(2) a multifamily dwelling building.
(c) Radon testing - required. A landlord of a single-family home or multifamily dwelling building must conduct a radon test before leasing a unit to a prospective tenant. Test results must be within three (3) years before the date of the lease.
(d) Lease requirements. At the time of lease signing, the landlord must provide to the tenant and certify in the lease, or an addendum to the lease, the following:
(1) 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);
(2) the radon test was performed less than three (3) years before the date of the lease; and
(3) 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.
(e) Testing and notification by existing tenants. An existing tenant may conduct a radon test or hire a radon professional to test a dwelling unit covered by this Section. If the test results indicate that radon hazard is present at a level of 4 pCi/L or higher, the tenant must:
(1) in writing; and
(2) within 14 days after the test results, notify the landlord and provide the landlord with a copy of the test results.
(f) Mitigation of radon. A landlord who receives notice under subsection (e), must:
(1) 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
(2) within 90 days after confirmed results:
(A) mitigate the premises to reduce radon below the action level of 4 pCi/L; and
(B) provide the tenant with a final copy of test results performed by a radon professional that indicates radon has been reduced below the action level.
(g) Cost of testing. The landlord is responsible for the cost of any follow-up, confirmation, or retesting of radon in a dwelling unit.
(h) Dispute of testing results. If there is a case of conflicting test results, where the test result provided by a tenant is at or above the action level and a test result by a landlord is below the action level, the following applies to determine the prevailing test results:
(1) testing performed in compliance with the EPA-recommended standard, by a radon professional (for hire) must supersede tests not performed by a radon professional;
(2) if both tests are performed by radon professionals, long-term testing results must supersede short-term test results; or
(3) 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.
(i) Disclosure of radon. A landlord must disclose in writing to each tenant in a residential rental building, within 14 days after a confirmed radon test, any elevated radon concentrations (above EPA’s recommended radon action level) that are known to be present within the dwelling.
(j) Termination of lease. A tenant has the right to terminate a lease, if the landlord fails to mitigate under subsection (f), without loss of security deposit or any other financial penalty. A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing.
(a) If any affected tenant has reason to believe that a defective tenancy exists, has given the landlord notice of the tenant's complaint alleging a defective tenancy, and the landlord does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the affected tenant may file with the Director a complaint in writing. The complaint must state the name and address of the landlord, the premises in question, and the particulars of the alleged defective tenancy.
(b) If any prospective tenant believes that a landlord has violated Sections 29-27 or 29-28, the prospective tenant may file a written complaint with the Director stating the name and address of the landlord, the premises in question, and the details of the alleged violation.
If any landlord has reason to believe that a tenant has created or permitted the existence of a defective tenancy, has given the tenant notice of the landlord's complaint alleging a defective tenancy, and the tenant does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the landlord may file with the Director a complaint in writing. The complaint must state the name and address of the tenant and the particulars of the alleged defective tenancy.
(a) The Department must refer any complaints that allege in substance any violation of Chapter 8, Chapter 22, Chapter 26, Chapter 59, or any other law enforced by any other County department, agency, or office to the appropriate department, agency, or office. The other department, agency, or office must keep the Department informed of any action taken.
(b) If the complaint contains allegations that fall jointly within the jurisdiction of 2 or more County departments, agencies, or offices and the allegations are nonseverable, the Department must investigate the complaint with the assistance of the other department, agency, or office.
(a) After the filing of any complaint, the Director must investigate whether there are reasonable grounds to believe that the allegation is true and decide whether a violation of this Chapter has occurred or a defective tenancy exists.
(b) If at any time after a complaint is filed, the Director believes the health, safety, welfare, or well being of a tenant is placed in immediate danger, the Director may take immediate action to provide appropriate relief, including notifying the chair or vice-chair of the Commission who must decide whether an emergency meeting of the Commission is necessary.
If the Director, after investigating a complaint, finds no reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must so inform the Commission. The Commission may, in its discretion, dismiss the complaint or order further investigation.
(a) If the Director, after investigating a complaint, finds reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must attempt to conciliate the matter by initial conference and persuasion with all interested parties and their representatives.
(b) The initial conciliation conferences must be informal and confidential, and nothing said or done during the initial conferences may prejudice the rights of any party. The initial conciliation conference must occur within 30 days after the complaint is filed unless the Director finds good cause for delaying it.
(c) The Director's obligation to conciliate a complaint under this Section is satisfied if either party does not appear at a scheduled conference after receiving at least 10 days' notice.
(a) If a complaint is conciliated, the terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties. The agreement must be for conciliation purposes only and is not an admission by any party that a violation of this Chapter has occurred or a defective tenancy exists. Consent agreements must be signed on behalf of the Director.
(b) It is a violation of this Chapter to fail to adhere to any provision of a consent agreement. Any failure by the Commission to enforce a violation of any consent agreement does not waive any rights contained in the agreement of the nonviolating party or the Commission.
If the Director (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an informal conciliation agreement or formal consent agreement, or (3) finds that a complaint is not susceptible of conciliation, the Director must notify the Commission immediately. The Commission may thereafter schedule a hearing to decide whether a violation of this Chapter has occurred or a defective tenancy exists.
(a) When a hearing before the Commission or a Commission panel deals with a controversy arising under this Article, the Commission must serve on the person against whom a complaint has been filed (the "respondent") a summons describing the nature and specifics of the complaint, the provision of law allegedly violated, a concise factual statement of the acts alleged to constitute a defective tenancy, and the relief sought. The Commission must serve on all interested parties a notice of the time and place of hearing. The respondent or an authorized representative may file a statement with the Commission before the hearing.
(b) The hearing must be open to the public. However, either party may request, in writing, a private hearing that may be granted at the discretion of the Commission. The Commission may subpoena all witnesses it deems necessary. The hearing must be held not less than 30 days after service of the statement of charges and summons.
(c) Any summons must be signed by the chair of the Commission or the panel and must require the attendance of named persons and the production of relevant documents and records. Failure to comply with a summons is a violation of this Chapter.
(d) The parties may present testimony and evidence under oath, or by affirmation. The Commission must keep a full record of the hearing. The record, if the hearing is public, must be open to inspection by any person. On request by any party to the proceeding, the Commission must furnish that party a copy of the hearing record, if any, and the charges to meet costs.
(e) The Commission may, on its own motion, after notifying all parties, extend the time for any hearing and the issuance of any findings, opinions, and orders.
If, at any time after a complaint has been filed, the Commission believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Commission may refer the matter to the County Attorney to bring any action necessary to preserve the status quo or to prevent such irreparable harm, including temporary restraining orders and preliminary injunctions.
If, at the conclusion of the hearing, the Commission or panel finds, based on a preponderance of the evidence of record, that the respondent has not violated this Chapter or caused a defective tenancy or has not allowed a defective tenancy to continue for an unreasonable period of time, the Commission or panel must publish written findings of fact and conclusions of law based on the record and dismiss the complaint or order any other appropriate action.
(a) If, at the conclusion of the hearing, the Commission or panel finds, based on a preponderance of the evidence of record, that a violation of this Chapter has occurred or a defective tenancy exists, the Commission or panel must publish written findings of fact and conclusions of law based on the record and issue an order. The order may require the respondent to stop any unlawful conduct and take appropriate action to comply with this Chapter. The order may also contain a notice that if the Commission determines that the respondent has not, after 30 calendar days after service of the Commission's or panel's order, made a bona fide effort to comply with the order, the Department may take appropriate action and the Commission may refer the matter to the County Attorney for enforcement.
(b) If the Commission or panel finds that a landlord has caused a defective tenancy, it may award each party to the complaint one or more of the following remedies:
(1) Immediate termination of the lease, and relief from any future obligations under the terms of the lease;
(2) Return of the party's security deposit or any part of the deposit that the landlord has wrongfully withheld;
(3) 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;
(4) Return of all or part of any rent already paid to the landlord after the landlord was notified of the condition;
(5) 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.
(6) A reasonable expenditure to obtain temporary substitute rental housing in the area.
(7) 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.
(8) 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.
(c) If the Commission or panel finds that a tenant has caused a defective tenancy, it may award the landlord one or more of the following remedies:
(1) The landlord may immediately terminate the lease and gain possession of the premises under state law.
(2) 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.
(d) Any award of damages under this Section not paid within 30 days after the award may be enforced by the person to whom the award was granted in any court of competent jurisdiction. Any court of competent jurisdiction may grant judgment plus interest from the date of the award.
(a) Any person who does not comply with any Commission order or summons issued under this Article has committed a class A violation.
(b) If a Commission order does not award monetary relief and a person, rather than comply with a Commission order, stops operating rental housing, that person must give any tenants occupying the premises in question 60 days' written notice to vacate the premises, beginning on the first day of the month after service of the notice. A copy of the notice must be delivered to the Director. No penalty applies during the 60-day period that tenants have to vacate the facility if the holder of the license to operate the rental housing returns it to the Director.
(c) In addition to any criminal or other penalty provided in this Chapter, compliance with an order of the Commission may be enforced by injunctive or other appropriate legal action to correct any violation of this Article, and any court with jurisdiction may issue restraining orders, temporary or permanent injunctions, or other appropriate relief.
Any person aggrieved by a final action of the Commission under this Article may appeal to the Circuit Court under the Rules of Procedure for a review of those actions. If the Commission has ordered a monetary award, the person appealing the Commission's order must post a bond with the Circuit Court in the amount of the award if the appellant seeks a stay of enforcement of the award.
Nothing in this Chapter prevents any person from exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court.
(a) The County Executive must establish procedures to collect and analyze housing data for rental dwelling units in the County, and must make every effort to centralize the data collection functions to minimize the burden for landlords.
(b) The reporting process is mandatory for landlords of licensed rental housing, including new dwelling units as they come on the market and all vacant units.
(c) The data must be collected annually.
(d) The Director must use a survey form for collecting data designed to minimize the repeated reporting of unchanged information, while maintaining an accurate data base.
(e) The Director, at a minimum, must include in the survey a questionnaire for each landlord to certify whether the occupying tenant completed a criminal history and credit screening addendum as required under Section 29-28(h)(2). The survey form must request the date of the signed addendum.
(f) The housing data collected must be used to measure the supply and availability of rental housing, as well as other operating characteristics. Each landlord must provide the following to the County:
(1) The location of each rental facility, including the zip code;
(2) Structure type;
(3) Year built;
(4) Distribution of units by standard bedroom sizes;
(5) The number of units by bedroom size that were re-rented during the month;
(6) The number of vacant days applicable to those units;
(7) The rent charged for each rental unit;
(8) The rent charged for each re-rented unit before vacancy; and
(9) The new turnover rent charged for each re-rented unit.
(g) Each landlord must maintain records for each project on an aggregate basis containing the following information, that must be made available to the County upon request:
(1) A description of utilities that are included in the rent;
(2) The landlord's actual monthly utility costs, including gas, electric, heating, fuel, trash removal, and water and sewer;
(3) 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;
(4) The actual operating expenses, by category;
(5) The actual operating revenues, by category;
(6) A schedule of any other fees and income; and
(7) 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.
(h) Each landlord of a rental dwelling unit in a common ownership community must report to the governing body of the common ownership community the rental status of each unit owned by the landlord. Any status change must be reported to the governing body, or its delegated agent, within 10 days after the change.
(i) The governing body of a common ownership community must file with the Department information provided by the landlord identifying each dwelling unit in the community that is rented by the owner to another person. The information must identify the unit and the name and address of the landlord to the extent that the landlord provides this information.
(j) The Director is primarily responsible for controlling rental housing data surveys for the County. The Director must share this information with other governmental agencies that need it without invading individual privacy. In this regard, the Director must coordinate survey activities with other County departments, and make available to the departments the results of all surveys in accordance with applicable procedure.
(k) The Director must publish, unless the publication is prohibited under State law, the information collected in the rental housing data survey on the County website, including a table listing all rental housing consisting of two or more dwelling units by unit type and building type.
(l) Any landlord who violates any provision of this Section is liable for payment of a civil penalty in an amount not to exceed $1,000 for each violation.
(a) The County Executive must develop and operate a central referral service for the use of tenants, landlords, and government agencies. The operation of the referral service may be contracted to the Housing Opportunities Commission.
(b) Housing information and referral services to be offered must include, but are not limited to:
(1) Counseling services to tenants who need alternative housing or financial assistance;
(2) Validation of tenants' need for alternative housing;
(3) Determination of eligibility for available financial assistance for housing programs based upon income;
(4) Listing of agencies that can assist in locating housing;
(5) Listing of available financial assistance programs.
(c) In coordination with other public and private agencies, the Director must maintain a listing of the location and characteristics of vacant dwelling units, and their rent rates.
(a) The County Executive must issue annual voluntary rent increase guidelines not later than March 1 of each year. The Executive must publish the guidelines in the County Register and on the County website.
(b) The guidelines must be based on the increase or decrease in the residential rent component of the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the preceding calendar year, unless an alternative standard better reflecting the costs of rental housing in the County is established by regulation.
(c) The Department should encourage landlords to hold rent increases at the lowest level possible. The Department may review any rent increase that appears to be excessive and encourage the landlord to reduce, modify, or postpone the increase.
(a) A landlord must not increase the rent until 90 days after the landlord gives the tenant written notice of the increase. A landlord must not impose more than one rent increase on a tenant in any 12-month period. Each written rent increase notice must contain the following information:
(1) 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.
(2) The effective date of the proposed increase.
(3) The applicable rent increase guideline issued under Section 29-53.
(4) A notice that the tenant may ask the Department to review any rent increase that the tenant considers excessive.
(5) Other information that the landlord deems useful in explaining the rent increase.
An otherwise valid notice of a rent increase is not invalid because the notice contained an incorrect rent increase guideline number if the landlord reasonably believed that the number was correct.
(b) Written notice may be delivered to the tenant by any reasonable means. However, a notice has not been delivered unless the notice is mailed via the United States Postal Service to the tenant's dwelling unit, or unless a signed receipt is obtained from the tenant or the tenant's representative. If the tenant is notified by mail, other than registered or certified 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.
(c) 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 U.S. mail. If any notice is sent by U.S. certified or registered mail, the receipt or registration is presumptive evidence that the notice was delivered to the party to which addressed, and the date of the receipt or registration is the postmark date.
(d) When the last day for performing any act prescribed under this Chapter falls on a Saturday, Sunday or legal holiday, the performance of that act is timely if it is performed on the next day that is not a Saturday, Sunday or legal holiday.
(a) Definitions. In this Section, the following terms have the meanings indicated.
Emergency means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under Section 14-3A-02 of the Public Safety Article of the Maryland Code.
Tenant has the meaning stated in Section 29-1. Tenant includes an existing tenant. Tenant does not include a prospective tenant.
(b) Rent increases above guidelines – when prohibited. A landlord must not increase a tenant’s rent to an amount that exceeds the voluntary rent guidelines under Section 29-53 if:
(1) the rent increase would take effect during the emergency; or
(2) notice of the rent increase does not comply with subsection (c) and Section 29-54.
(c) Notices of rent adjustments.
(1) 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.
(2) 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) to disregard the notice; or
(B) that the increase is amended to be less than or equal to the voluntary rent guidelines under Section 29-53.
(d) Late fees – when prohibited. A landlord must not charge a fee to a tenant for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, unless the landlord first provides to the tenant, in a form prescribed by the Director:
(1) a notification that the tenant may qualify for the waiver of late fees under subsection (e); and
(2) an attestation for the tenant to sign to receive the waiver.
(e) A landlord must waive late fees for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, if a tenant attests, in the application prescribed by the Director under subsection (d), that the tenant:
(1) has experienced a COVID-19 related financial hardship;
(2) 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
(3) has been a Montgomery County resident since August 2020 or earlier.
(f) A landlord must not require proof of, or challenge the veracity of, a tenant’s attestation under this Section.
(g) Notice of expiration of emergency. The Department must post on its website information about the requirements of this Section, including the date that the emergency expired, and the date that requirements under this section expire.
Sec. 4. Short title. This Act may be cited as the “COVID-19 Renter Relief Act”.
Definitions. In Sections 29-56 through 29-62, the following terms have the meanings indicated:
Banked amount means the dollar amount of an annual rent increase allowance that a landlord did not use to increase the rent for a regulated unit.
Base rent means rent charged for a regulated rental unit under a lease, exclusive of any rental discounts, incentives, concessions, or credits that are:
(1) offered by the landlord;
(2) accepted by the tenant; and
(3) itemized in the lease separate from the rent.
Capital improvements mean permanent structural alterations to a regulated unit intended to enhance the value of the unit. Capital improvements include structural alterations required under federal, state, or County law. Capital improvements do not include ordinary repair or maintenance of existing structures.
CPI-U means the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria Area, published by the U.S. Bureau of Labor Statistics.
Regulated rental unit or regulated unit means a rental unit that is not exempted under Section 29-60.
Substantial renovation means permanent alterations to a building that:
(1) are intended to enhance the value of the building; and
(2) cost an amount equal to at least 40 percent of the value of the building, as assessed by the State Department of Assessments and Taxation.
(a) Annual rent increase allowance. The Director annually must calculate a rent increase allowance for regulated rental units equal to the lesser of:
(1) CPI-U plus 3 percent; or
(2) 6 percent.
(b) Publication. The Director must publish the annual rent increase allowance in the County Register and on the County website.
(c) Duration. A rent increase allowance under subsection (a) remains in effect for a 12-month period, beginning July 1st of each year and ending on June 30th of the following year.
(a) In general. Except as provided under subsection (b), upon a lease renewal or new lease agreement, a landlord must not increase the rent of a regulated rental unit to an amount greater than:
(1) the base rent; plus
(2) the rent increase allowance under Section 29-57; plus
(3) any banked amount; and
(4) does not exceed 10 percent of the base rent.
(b) Troubled or at-risk properties. Subject to Method (2) regulations adopted by the Director, a regulated unit located in a property designated by the Department as “troubled” or “at risk” under Section 29-22(b) must not increase rent in excess of an amount the Director determines necessary to cover costs required to improve habitability.
(c) Rent increase – vacant unit. Subject to Method (2) regulations, the Director must determine the allowable annual rent increase for a regulated unit that returns to the market for rent after being vacant for more than 12 months with no active lease, either by a written or oral agreement.
(d) Limited surcharge for capital improvements. Subject to subsection (e), the Director must grant a landlord’s petition to add a surcharge to the amount permitted under subsection (a) if, in accordance with Method (2) regulations, the Director determines:
(1) 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;
(2) the surcharge does not take effect until after the capital improvements are completed;
(3) if the capital improvements are for all rental units within the building, the surcharge:
(A) is divided equally among the units;
(B) is prorated over at least 96 months; and
(C) does not exceed 20 percent of the base rent;
(4) if the capital improvements apply only to certain regulated rental units within the building, the surcharge:
(A) is divided equally among the affected units;
(B) is prorated over at least 60 months; and
(C) does not exceed 15 percent of the base rent;
(5) 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;
(6) the capital improvements would protect or enhance the health, safety, and security of the tenants or the habitability of the rental housing;
(7) if the capital improvements would result in energy cost savings:
(A) the savings would be passed on to the tenant; and
(B) either:
(i) the improvements would result in a net savings in the use of energy in the building; or
(ii) the improvements are intended to comply with applicable law;
(8) the capital improvements are depreciable under the federal Internal Revenue Code;
(9) the applicant has certified to the Director the costs of the capital improvements, including any interest and service charge; and
(10) the applicant has certified to the Director that required governmental permits and approvals have been granted.
(e) Surcharge – additional requirements.
(1) 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.
(2) 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) Fair return rent increase. In accordance with this Section and Method (2) regulations adopted by the Director:
(1) 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
(2) 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.
(b) For purposes of this Section, fair return means a return on investment:
(1) sufficient to offset operating expenses; and
(2) commensurate with returns on investments in other enterprises having comparable risks.
(c) The Director must adopt Method (2) regulations necessary to implement the requirements of this Section, including regulations to establish:
(1) a formula to determine the rent increase necessary to obtain a fair return for a regulated unit;
(2) application requirements, including the information an applicant must submit to demonstrate the rent necessary to obtain a fair return;
(3) a uniform system and procedures for processing applications;
(4) criteria the Director must use to evaluate and to grant or deny an application; and
(5) the duration of a rent increase approved under this Section.
(a) Exemptions. The requirements of Section 29-58 do not apply to:
(1) a newly constructed unit that has been offered for rent for less than 23 years;
(2) a unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses;
(3) 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;
(4) an owner-occupied group house;
(5) a religious facility, including a church, synagogue, parsonage, rectory, convent, and parish home;
(6) a transient lodging facility subject to Chapter 54;
(7) a school dormitory;
(8) a licensed assisted living facility or nursing home;
(9) a building originally designed and constructed to contain only 2 dwelling units, one of which the owner currently occupies as a principal residence;
(10) an accessory dwelling unit;
(11) a unit subject to a regulatory agreement with a governmental agency that restricts occupancy of the unit to low and moderate income tenants;
(12) subject to Method (2) regulations issued by the Department, a unit located within a substantially renovated building if:
(A) the substantial renovation occurred within the prior 23 years; and
(B) the building is not in violation of Chapters 8, 26, or 29; and
(13) a rental unit owned by a landlord who:
(A) owns 2 or fewer rental units within the County; and
(B) is either:
(i) a natural person; or
(ii) the trust or estate of a decedent.
(b) Expiration of exemption. An exemption under subsection (a) expires when the conditions entitling the unit or facility to an exemption cease to exist.
(a) Regulations. The Director must issue Method (2) regulations regarding limitations on fee increases or new fees charged by the landlord to the tenant for a regulated rental unit.
(b) Fee schedule. At the discretion of the Director, a fee schedule may be included, as a part of the regulations.
(a) In accordance with the requirements under Section 29-51, a landlord must comply with and submit data to the Department regarding regulated rental units, rents, fees charged to tenants, and notices of rent increases.
(b) The annual rental housing survey data collected by the Department under Section 29-51 must be made available for the Council to review and determine the effectiveness and compliance with this Act.
In this article, the following words have the meanings indicated:
(1) Mobile home means a structure that is:
a. Intended for residential use;
b. Transportable in one (1) or more sections;
c. Eight (8) body feet or more in width and is thirty-two (32) body feet or more in length;
d. Built on a permanent chassis; and
e. Designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
(2) Mobile home does not mean a recreational vehicle as defined in section 59-A-2.1 of the Zoning Ordinance of this Code.
(3) Mobile home park or park means any plot of ground upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located, whether or not a charge is made for the accommodations.
(4) Mobile home space means a plot of ground within a mobile home park designed to accommodate one (1) mobile home.
(5) Owner means the owner of a mobile home park.
(6) Recreational vehicle means a vehicle that is:
a. Mounted on wheels for use on highways and streets;
b. Propelled or drawn on its own or other motor power;
c. Of a size or weight that does not require special highway movement permits when drawn by a motorized vehicle;
d. Primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use; and
e. Of a body width of no more than eight (8) feet and a body length of no more than thirty-two (32) feet when factory-equipped for the road.
(a) Space in mobile home parks must be used exclusively for mobile homes. A person must not locate a recreational vehicle, tent, camper, or similar housing on a space in a mobile home park.
(b) A recreational vehicle, camper, or similar housing that is located on a mobile home space when this article takes effect may remain where it is located until:
(1) Its owner either sells or moves it; or
(2) The occupant at the time this law takes effect moves. At that time, subsection (a) applies.
The owner must assure the following minimum requirements in the design and operation of the park:
(a) Drainage. The park must be properly graded to ensure adequate drainage and freedom from stagnant pools of water.
(b) Location and space requirements.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(c) Driveways and roads. All mobile home spaces must abut on a road or driveway that is at least twenty (20) feet wide and that has unobstructed access to a public road. All roads and driveways must be hard surfaced, well marked, and, at night, well lighted.
(d) Road signs. Every road must be clearly marked with the road name. All road and traffic signs must be clearly visible and readable at night.
(e) Electrical outlets. The owner must provide each mobile home space with an electrical outlet supplying adequate power of at least one hundred ten (110) volts. The department must approve each outlet.
The owner must provide to each space an accessible and adequate supply of safe and potable water that meets the requirements of the State Department of Health and Mental Hygiene and the County Department of Health and Human Services.
The owner must provide access to a public or private sewer system that meets the requirements of applicable ordinances and state and county regulations.
An owner must ensure the installation of a mobile home conforms to the standards of the manufacturer for foundations, piers, or other supports and for the use of tiedowns and anchors.
Only completely independent mobile homes, with built-in sanitation facilities, are permitted in mobile home parks. The owner must provide each mobile home with a water and sewer outlet that meets the Washington Suburban Sanitary Commission (WSSC) regulations. Each mobile home must have water and sewer equipment that is compatible with the equipment required by the WSSC.
(a) The owner must ensure all buildings and the grounds of the park are maintained in a clean, sightly condition and must keep them free of any condition that will menace the health or constitute a nuisance to any occupant or the public.
(b) The owner must eliminate all harborage places for rodents and hosts of insect vectors. The owner must eliminate or effectively treat all breeding places for flies and mosquitoes.
The owner must provide a tightly covered metal garbage can for each mobile home space, keep the cans in sanitary condition at all times, and provide tight metal covers for the cans. The owner must ensure garbage and rubbish is collected and disposed at least once a week.
The mobile home park must comply with the applicable sections of the Montgomery County Fire Safety Code, including the Standard for Fire Safety Criteria for Mobile Home Installations, Sites and Communities (National Fire Protection Association (NFPA)501A). The owner may appeal any notice and order process requiring correction of violations of the Fire Safety Codes from the department of fire and rescue services as provided in chapter 22 of this Code.
The licensee, owner, or an authorized attendant or agent must be accessible at all times to keep the park, and the facilities and equipment of the park, in a clean, orderly, and sanitary condition. A licensee, owner, authorized attendant, or agent is responsible for complying with the provisions of this article. The director may serve a licensee, owner, authorized attendant, or agent with a notice and order to correct, a citation, or an injunction.
(a) A person served with a notice and order to correct may file a written appeal with the director. The person served with a notice and order to correct has ten (10) calendar days from the date of receipt of the notice and order to file the appeal. The appeal must include a brief statement specifying the grounds for appeal. The filing of an appeal does not stay an order.
(b) Upon timely receipt of an appeal in which the petitioner requests a meeting, the director must conduct a conference within five (5) work days. Any representative that the petitioner selects may accompany the petitioner. The director must give the petitioner an opportunity to show cause why the director should withdraw or modify the notice and order. The director may postpone an appeal conference up to ten (10) work days.
(c) Within seven (7) calendar days following a meeting to consider an appeal, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(d) In cases where the petitioner files a timely appeal but does not request a meeting with the director, the director must evaluate all available data, including the initial notice and order, reports of subsequent inspections, and any written submissions offered by the petitioner. Within fifteen (15) calendar days after an appeal is filed, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(e) A petitioner may appeal a decision of the director to the board of appeals within thirty (30) days after the director issues the decision. However, if the director's decision concerns a fire or health violation, the petitioner may appeal within ten (10) days after the director issues the decision.
(f) This section does not foreclose the right of the owner, agent, operator, and the chief administrative officer to conciliate grievances that arise from notices of violations and orders to correct.
(g) This section does not prevent any person from exercising any right or seeking any remedy the person might otherwise be entitled to or from filing any compliant with a court.
(a) The director may waive or vary the requirements of this article for up to six (6) months after making an investigation. Any extension or renewal of a waiver or variance requires the approval of the board of appeals.
(b) The director must issue the waiver or variance in writing, and must keep a copy available for public inspection during regular business hours.
The violation of any provision in this article is punishable as a class A violation under section 1-19 of this Code.
The county executive may adopt regulations under method (2) of section 2A-15 of this Code to implement this article.