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

## Chapter 29. Landlord-Tenant Relations.

### Article V. Complaints.

**Sec. 29-36. Tenants' complaints.**

  (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.

**Sec. 29-37. Landlords' complaints.**

  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.

**Sec. 29-38. Joint and concurrent jurisdiction.**

  (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.

**Sec. 29-39. Investigation of complaints.**

  (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.

**Sec. 29-40. Procedure when violation of Chapter or defective tenancy not found.**

  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.

**Sec. 29-41. Procedure when violation of Chapter or defective tenancy found.**

  (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.

**Sec. 29-42. Conciliated complaints generally.**

  (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.

**Sec. 29-43. Failure to conciliate complaints.**

  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.

**Sec. 29-44. Commission hearing.**

  (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.

**Sec. 29-45. Relief pending Commission hearing.**

  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.

**Sec. 29-46. Commission action when violation not found.**

  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.

**Sec. 29-47. Commission action when violation found.**

  (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.

**Sec. 29-48. Penalty for failure to comply with Chapter requirements, Commission orders, or summonses.**

  (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.

**Sec. 29-49. Appeals.**

  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.

**Sec. 29-50. Alternative relief.**

  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.