# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 29. Landlord-Tenant Relations.

### Article IV. Landlord-Tenant Obligations.

**Sec. 29-27. Contents of lease.**

  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.

**Sec. 29-28. Leasing requirements generally.**

  (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).

**Sec. 29-29. Obligations of tenants.**

  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.

**Sec. 29-30. Obligations of landlords.**

  (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.

**Sec. 29-31. Landlord notice requirements.**

  (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.

**Sec. 29-31A. Evictions – Notice requirements.**

  (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.

**Sec. 29-32. Prohibited retaliatory practices.**

  (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.

**Sec. 29-33. Rights of tenants generally.**

  (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.

**Sec. 29-34. Reduction in service or equipment.**

  (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.

**Sec. 29-35. Keeping of household pets by elderly or disabled tenants.**

  (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.

**Sec. 29-35A. Bicycle parking fees.**

  (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.

**Sec. 29-35B. Relocation Expenses.**

  (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.

**Sec. 29-35C. Replacement of indoor mercury service regulators.**

  (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).

**Sec. 29-35D. Window guards.**

  (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.

**Sec. 29-35E. Radon Testing.**

  (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.