COMCOR 29-20. Fees - Regulations

The annual license fees for rental dwelling units are hereby established as follows:

The annual license fee shall not be prorated and must be made payable to Montgomery County, Maryland.

Failure to obtain a rental facility license is a Class A violation under Section 1-19 of the Montgomery County Code.

In addition to the annual license fee, the following fees for a Class 3 accessory apartment license are hereby established as follows:

An owner must file a completed license application on a form provided by the Department which will require at least the following supporting documents to be submitted with the application form:

The Director will review the application for completeness and will send a notification by regular mail or electronic mail about whether the application was accepted by the Department or whether the application will be returned to the applicant. Returned applications will contain all filing fees and an explanation about why the application is being returned.

The Director will inspect the property and the proposed accessory apartment for compliance with the provisions of Chapter 26 and in Section 59-A-6.20 of the Montgomery County Code.

When the Department has determined the application is complete, the owner must erect a sign furnished by the Department. A determination by the Director that an application is complete is not a determination about whether the proposed accessory apartment satisfies the zoning requirements in Section 59-A-6.20 or the requirements of Chapter 26.

The Director will issue a report on all findings required by this Regulation concerning the proposed accessory apartment within 30 days of the Department’s acceptance of the application. A copy of the report will be sent to the owner by regular mail or electronic mail and posted on the Department’s website. The owner or any aggrieved party may file objections to the Director’s report with the Office of Zoning and Administrative Hearings within 30 days under the provisions of Chapter 29-26(b)(3).

The Director will issue or deny a new license 30 days after the issuance of the Director’s report.

The Director may renew a license only if the requirements of Chapter 29-19(b)(3) are met.

The Director may transfer an accessory apartment Class 3 license once the requirements of Chapter 29-19(b)(5) are met.

The Director may invoke an accessory apartment Class 3 license under the provisions of Chapter 29-25.

Initial Inspection means the first inspection of rental housing within each three year period under Section 29-22(a).

Initial Inspection Date means the date of an Initial Inspection, and the date from which any inspection fees are calculated.

Multifamily Dwelling Unit means “dwelling unit, multifamily” as defined in Chapter 29 of the Code.

Second Inspection means an inspection following an Initial Inspection to determine whether violations identified by the Department during the Initial Inspection have been corrected.

Subsequent Inspection means any inspection conducted after an Initial Inspection, including a Second Inspection, Third Inspection, Fourth Inspection, and so forth, that is required to determine whether violations identified by the Department during prior inspections have been corrected.

Third Inspection means an inspection after the Second Inspection to determine whether any violations identified by the Department during the Initial Inspection or Second Inspection have been corrected.

The Department shall bear the cost of an Initial Inspection and a Second Inspection for rental housing required to be inspected within each three-year period under Section 29-22(a). If, after a triennial inspection, the Department determines that rental housing requires a corrective action plan under Section 29-22(c), the Landlord must pay, as provided in the fee schedule below, for each re-inspection following the Initial Inspection and Second Inspection performed as part of the triennial inspection.

If, within a three-year period, the Department is required to conduct Subsequent Inspections after the Second Inspection because the violations identified by the Department during prior inspections have not been corrected, the Department shall charge a fee to the Landlord according to the following fee schedule:

In addition to the Inspection Fees, a Landlord that fails to correct violations identified by the Department during an inspection may be subject to the revocation of the Landlord’s rental license as provided in Section 29-25 of the Code.

The Department may take legal action to collect any fees assessed against a Landlord under this regulation. A Landlord that fails to make timely payment of any fees assessed under this regulation may also be subject to the revocation of the Landlord’s rental license as provided in Section 29-25 of the Code.

Inspection notice. The Department shall mail notice of an Initial Inspection to a Landlord of rental housing required to be to be inspected by the Department under Section 29-22 of the Code. The notice shall be mailed to the address provided by the Landlord in its application for a rental housing license. After providing the notice, the Department and the Landlord shall establish a mutually agreed upon date or dates for an Initial Inspection of the rental housing.

The inspection notice must contain:

Improper tenant notice. If, at an Initial Inspection, the Department determines that tenants of the rental housing have not received from the Landlord at least 72-hours’ notice prior to the Initial Inspection, the Department shall inspect only the exterior and common areas of the rental housing during the Initial Inspection and the Department and the Landlord shall establish a new, mutually agreed upon date for a Second Inspection. Fees for all inspections of the rental housing following the Second Inspection shall be charged according to the fee schedule in Section 29.20.02.03.

At its discretion and based upon the Department’s findings during an Initial Inspection, the Department may increase the percentage of Multifamily Dwelling Units inspected from that stated in the inspection notice without giving advanced notice to the Landlord.

During any inspection of rental housing by the Department, the Landlord must provide access to all of the rental housing’s common areas, service areas and the Multifamily Dwelling Units designated by the Department.

Second Inspection. If violations are found during an Initial inspection, the Department shall direct the Landlord to correct the violations by a specified date, such date being designated as the Second Inspection.

If the Landlord is unable to provide the Department access to any Multifamily Dwelling Unit, common area or service area during an inspection, the Landlord must provide access to that Multifamily Dwelling Unit, common area or service area on the date the Department conducts a Subsequent Inspection. If the Department finds a violation in the previously inaccessible areas during a Subsequent Inspection, which requires the Department to schedule an additional inspection to verify that the violation has been corrected, the Landlord shall be charged according to the fee schedule in Section 29.20.02.03.

If, during a Subsequent Inspection, the Department finds a new violation in any Multifamily Dwelling Unit, Common Area or Service Area that was previously inspected and which requires the Department to schedule an additional inspection to verify that the violation has been corrected, the Landlord shall be charged according to the fee schedule in Section 29.20.02.03.

If, during a Second Inspection, the Department finds that the Landlord has not corrected one or more violations identified by the Department at the Initial Inspection, a civil citation may be issued to the Landlord unless the Director, in the Director’s discretion, determines that the Landlord’s failure to correct a violation was due to circumstances beyond the control of the Landlord. In this case, the Department shall conduct a Third Inspection of the rental housing, but may waive the fee. Examples of factors beyond the control of the Landlord include, but are not limited to, material or supplies to correct the violation are on back-order, repairs cannot be made due to seasonal conditions, or a lack of cooperation by a tenant.

For a fee waiver to be granted, the Director must determine that the Landlord has made a good faith effort to correct violations by the Second Inspection, as demonstrated by at least fifty percent (50%) of the violations identified during the Initial Inspection have been corrected.

For a fee waiver to be granted, the Landlord must provide documentation, acceptable to the Director, substantiating the reason for the Landlord’s delay in correcting violations, documenting the Landlord’s good faith efforts since the Initial Inspection to correct all violations, including but not limited to providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by the Third Inspection.

A Landlord’s failure to comply with the requirements of this Section 29.20.02.05 may result in the Department issuing civil citations and charging the Landlord for any inspection fees that would have been charged at the time of the Third Inspection.