Landlords have the legal responsibility and obligation to correct violations of Chapter 26 of the County Code in an expeditious manner in order to provide decent, safe and sanitary housing for the use and enjoyment of their tenants. In cases where the Department has determined that the landlord has failed to meet this responsibility and obligation, Montgomery County has adopted a remedy available to tenants to correct a violation and deduct the reasonable cost of the repair, up to one month’s rent, from the tenant’s rent. This remedy is in addition to any other remedies available under State and County law, and may be used to correct any type of violation subject to the following regulations. Unless defined below, all terms herein have the same meaning as in Chapters 26 and 29 of the County Code. (a) Life and Safety Violation is any violation listed in Section 29-22(b) of the County Code, Inspection of Rental Housing, any violation with a high severity rating as required in Section 29-22(c) as criteria for a troubled property, and any violation that creates an unfit dwelling or severe condition as defined in Chapter 26, Housing and Building Maintenance Standards. (b) Reasonable and Specified Time to Correct means that legally required period of time under Chapters 26 and 29 of the County Code after a landlord is issued a notice of violation during which the landlord has the responsibility, obligation, and opportunity to correct the violation. (c) Repair and Deduct Provision means the remedy available to tenants as provided for and described in Chapter 29, Section 22(f)(1) of the County Code. (a) For life and safety violations, the landlord shall be given 24 to 48 hours from the time the notice of violation is issued to correct the violation, with the specific time frame being determined by the nature of the violation. (b) For violations that do not threaten the immediate life and safety of the tenant, the landlord shall generally be given between 15 and 30 days from the time the notice of violation is issued to correct the violation, with the specific time frame being determined by the nature of the violation. (c) In cases where the Department finds any violation for which it has previously issued citations on two or more occasions within the preceding twelve-month period, the Department shall give the landlord no more than 48 hours to correct the violation. (a) The use of the Repair and Deduct Provision may only be initiated following an inspection by the Department and the issuing of a notice of violation to the landlord. (b) The Department shall provide written notification to the landlord of the availability and scope of the Repair and Deduct Provision at the time a notice of violation is issued. (c) If, upon expiration of the Reasonable and Specified Time Period to Correct contained in the notice of violation, the Department finds that the violation has not been corrected as required under the Department’s order, the Director may authorize the tenant to use the Repair and Deduct Provision. (d) A tenant may use the Repair and Deduct Provision only after receiving written authorization from the Director, along with a copy of this executive regulation. The authorization must specify the exact violation or violations for which the authority is being granted to the tenant. The Department must provide a copy of said authorization, along with a copy of this executive regulation, to the landlord via hand delivery and/or the use of certified mail, return receipt requested. (e) In determining whether or not to authorize a tenant to use the Repair and Deduct Provision, the Director shall consider the following factors: (1) Whether or not the complaining party is the tenant under the lease; (2) Whether or not the tenant has granted the landlord and/or the landlord’s contractors the necessary entry to correct the violation, as required under the lease, provided that the landlord issued the notice of entry to the tenant required under the lease; (3) Whether or not the violation was deliberately caused by the tenant in order to initiate or claim rights under the Repair and Deduct Provision, or to claim other rights under Chapters 26 or 29 of the County Code; (4) Whether or not the correction made by a landlord meets the standard required by law as determined by the Department, regardless of whether or not a tenant believes the corrective action is satisfactory or sufficient; (5) Which party is responsible for correcting the violation, under the lease; and/or (6) Whether or not the tenant is current in the payment of rent to the landlord. (f) If a dispute exists as to the presence of one or more of the above circumstances, the Director shall refer the complaint to the Office of Landlord Tenant Affairs, or to the Commission, for investigation and further action. Such action may include a recommendation to the Director to authorize a tenant to use the Repair and Deduct Provision. (g) The Repair and Deduct Provision shall not be authorized for items that are solely cosmetic or aesthetic, such as a new paint color, new cabinets, or new carpeting, unless repairs to or replacement of these items is attendant to and required to correct a violation. (h) The Repair and Deduct Provision shall not be authorized for the replacement of heating and/or cooling systems or appliances unless such replacement is required to correct a violation and there are no other reasonable corrective actions available. (i) The Repair and Deduct Provision shall not be authorized for the purpose of making major capital improvements to the dwelling unit or property unless such improvement is required to correct a violation and there are no other reasonable corrective actions available. (j) The Repair and Deduct Provision may not be used to withhold rent to pay for the cost of repairs for which the landlord would have been able to charge the tenant, such as the repair of a violation or other damage that was intentionally caused by the tenant or damage that is due to the tenant’s negligence. (k) The Repair and Deduct Provision shall not supplant the existing and mutually agreed upon terms of the tenant’s lease. (l) The use of the Repair and Deduct Provision does not prohibit the Department from issuing a citation to the landlord for failure to correct a violation under Chapter 26 of the County Code, or for taking other remedial actions such as revoking the landlord’s rental license under Section 29-22(f)(2) of the County Code. (a) In selecting a contractor, the tenant may choose a general home improvement contractor with the ability to make a wide range of repairs, including repairs to the existing violation experienced by the tenant, or a contractor that specializes in repairs to the existing type of violation. (b) The tenant must select a contractor licensed to do business in the State of Maryland (including a Maryland Home Improvement License and any other license specific to the contractor’s specialty) to perform any corrective action under the Repair and Deduct Provision. The Maryland Home Improvement Commission (MHIC) within the Maryland Department of Labor, Licensing and Regulation (DLLR), maintains an internet website with information for consumers on home improvement contractors, including a resource to verify whether or not a general contractor or specialized contractor (e.g. electrician, plumber, HVAC) is licensed in the State. The MHIC website is: https://www.dllr.state.md.us/license/mhic/ (c) The Better Business Bureau of Greater Maryland (https://www.bbb.org/greater- maryland/accredited-business-directory ) provides to the public list of contractors accredited by that organization. (d) The tenant shall attempt to solicit the lowest responsible and responsive bid to correct the violation. (e) The tenant may only deduct the cost of the repair of the specific violation designated in the Director’s letter, up to one month’s rent. The tenant may not deduct the cost of any other repairs or work performed by the contractor. (f) The tenant or the tenant’s contractor is responsible for securing any necessary permits, paying any fees, and arranging any inspections by the appropriate permitting officials, which are separate from any inspections performed by the Department. (g) The tenant must request and maintain documentation to be provided to the landlord and the Department upon request. Information to be documented includes: (1) A copy of the Director’s letter of authorization permitting the tenant to proceed with contracting for the specific repair at issue; (2) Information on the number and cost estimates of the bids received, if applicable; (3) Contact and business license information for the contractor selected, and the amount of payment to the contractor for the work performed, including associated costs such as cost of materials, labor, permitting or inspection fees, etc.; (4) A description of the specific repair that was made; and, (5) Copies or information on any warranties from the contractor on the work performed. (a) Upon completion of the repair, the tenant must contact the Department to conduct an inspection to verify whether or not the violation has been corrected in a workmanlike manner. Once the Department finds that the violation has been sufficiently corrected, the tenant shall provide the documentation listed in Section 29.22.01.05, and a copy of the tenant’s current lease showing the tenant’s rent, to the Department for review. (b) Within 14 days of the Department’s inspection, and upon the Director’s determination of the completeness and sufficiency of the tenant’s documentation, the Department shall provide the tenant with written authorization to withhold the cost of the repair from the tenant’s monthly rent, subject to the terms of Chapter 29, a copy of which shall be forwarded to the landlord. (c) In reviewing the cost of the repair, the Department shall not make any determination as to the reasonableness of the costs claimed besides the determination that the cost does not exceed the amount of one month of the tenant’s rent. (d) In cases where the landlord had abrogated his or her responsibility under the County Code, thereby requiring the tenant to use the Repair and Deduct provision, the Department shall not dismiss the aforementioned notice of violation issued to the landlord, and shall proceed through the established legal process for code enforcement. (a) Disputes related to the use of the Repair and Deduct Provision are between the tenant and landlord. The Director shall refer any disputes related to the exercise of this remedy, including but not limited to the reasonableness of the repair cost or the quality of the workmanship, to the Office of Landlord Tenant Affairs, or to the Commission, for further investigation and action. (b) The Department shall not be a party to any contract for work performed, nor is it responsible to provide funds for the performance of a corrective action. (c) The Department is not liable for the quality of materials provided or the work performed, or for any damage or additional violations that may occur attendant to, or resulting from, the corrective action. The minimum maintenance standards that multifamily rental properties, as defined below, must meet are set forth in Chapter 26 of the Montgomery County Code. When the Department conducts an inspection of a multifamily rental property for compliance with Chapter 26 and all other applicable laws, any violations of the Chapter 26 standards and other applicable laws are noted by the Department without distinction as to the severity of the violation, except those violations cited under Section 26-13 and Section 26-15 of the Code. However, for the purposes of meeting the requirements of Section 29-22(b)(2), the Department categorizes and ranks Code violations identified during Department-scheduled inspections in the order of severity, as outlined in this regulation to determine whether the multifamily rental property is to be designated as a troubled property, an at-risk property or a compliant property as defined in Section 29-22(b)(2). This regulation sets forth a methodology to designate a multifamily rental property as a troubled property, an at-risk property, or a compliant property under Section 29-22(b)(2) of the Montgomery County Code based on the severity and quantity of Chapter 26 violations violations of other applicable laws, and other criteria as outlined in 29.22.02.04 of these regulations. Unless defined below, all terms herein have the same meanings as those in Chapter 29 of the Code. (a) At-risk property means a multifamily rental property that, because of the severity and number of violations under Chapter 26 or any other applicable laws, is at risk of becoming troubled but does not meet the threshold for being designated as a troubled property. To be designated as an at-risk property, the multifamily rental property’s SV or TV Score exceeds the thresholds established by the Department under Section 29.22.02.04. (b) Compliant property means a multifamily rental property whose TV and SV Scores are both below the thresholds established by the Department under Section 29.22.01.04. (c) Corrective action plan means a written multifamily rental property maintenance plan prepared by the landlord of a troubled property, that describes in detail the specific actions that the landlord will take within a specified schedule to both identify and correct existing housing code violations in a timely manner and prevent future housing code violations to the greatest extent possible. (d) Department-scheduled inspection means an inspection scheduled by the Department as required under Section 29-22 of the Code. (e) Multifamily rental property means any apartment complex/building or other multifamily building, including duplexes that are offered for rent as personal living quarters whose owner is required to obtain a Class 1 rental housing license under Section 29-16 of the Code. (f) Quarterly tenant work request logs are records of all open, pending, and completed tenant or other work requests kept by landlords to track work requests, including the date or time that the work request was submitted, the specific nature of the work request, and for completed work, the time that the work was completed, and details of what work was done to satisfy the request. (g) Requested inspection means an inspection requested by a landlord whose multifamily rental property has received a troubled or at-risk designation for the purpose of obtaining a change to the property’s designation when the landlord believes that violations identified during a Department-scheduled inspection have been corrected. (h) Severity of Violations Score or SV Score is a criterion used to assess the violations found in rental housing, calculated using the methods set forth in 29.22.02.04. (i) Total Number of Violations or TV Score is a criterion used to assess the violations found in a multifamily rental property, calculated using the methods set forth in 29.22.02.04. (j) Troubled property means a multifamily rental property whose TV and SV scores both exceed the thresholds established by the Department under Section 29.22.01.04 or where at least 20 percent of the property’s units contain extensive and visible mold growth or have an infestation of insects, rodents or other vermin. (k) Unsafe conditions mean a failure by the landlord or tenant to maintain all or a portion of a multifamily rental property in a safe and sanitary condition. Unsafe conditions include, but are not limited to, fire safety hazards, physical hazards, environmental hazards, pest infestations, and security issues. (a) Health and safety violations. Health and safety violations are Code violations that present an imminent or immediate risk to tenants including, but not limited to: (1) those violations listed in Section 29-22(b)(1) of the Code; (2) violations that cause the Department to condemn a unit or property as unfit for human habitation under Section 26-13 of the Code; (3) missing, disabled, or non-functioning smoke detectors; (4) broken entrance doors and/or missing or broken locks; (5) HVAC system not maintaining a temperature of at least 68 degrees in heating months; (6) health and safety relate unsafe conditions; or (7) HVAC system not maintaining a temperature of no more than 80 degrees in cooling months. (b) Higher priority violations. Higher priority violations are generally those that do not present an imminent or immediate risk to tenants’ health or safety, but require more substantial and expensive repairs, including but not limited to: (1) damage to interior doors and/or door locks; (2) major wall damage; (3) the limited presence of mold that does not meet the standard set in Section 26-13(a)(3) of the Code; (4) overcrowding; (5) infestation not rising to the level established in Section 29-22(b)(1)(a); (6) non-functioning or inadequately functioning major appliance, such as a refrigerator not cooling, or a stove not heating, to the required temperature; (7) other damage to windows not related to egress; (8) missing address indicators; or (9) high priority unsafe conditions. (c) Medium priority violations. Medium Priority Violations are generally those related to ongoing maintenance issues including, but not limited to: (1) faucet leaks and other non-emergency plumbing repairs Faucet leaks and other non-emergency plumbing repairs; (2) minor wall or tile repairs that may allow water infiltration or access by rodents or insects; (3) carpet or floor damage that may cause trip or other hazards; (4) deteriorated refrigerator gaskets; or (5) HVAC system requiring general maintenance. (d) Lower priority violations. Lower priority violations are generally those of a superficial or cosmetic nature including, but not limited to: (1) interior walls and ceilings requiring general painting, scraping and preparation; (2) lights and light covers in need of repairing or replacing that do not cause electrical or other hazards; (3) window blinds in need of repairing or replacing; (4) superficial carpet or floor damage (5) broken or damaged toilet seat; (6) broken or damaged bathroom towel rack and/or toothbrush holder; or (7) bathtub in need of re-glazing and/or repairing grout and caulking. (a) After an inspection of a multifamily rental property and based on the inspection findings, the Department must calculate the SV and TV Scores to be assigned to each multifamily rental property (b) Severity of Violations (“SV”) Score. The Severity of Violations score must be based on the following point system: (1) five (5) points for each health and safety violation found; (2) three (3) points for each higher priority violation found; (3) two (2) points for each medium priority violation found; and (4) one (1) point for each lower priority violation found. (c) The Department will assign the appropriate point value to each violation based on its severity and will add the points together to calculate the total number of points. The Department will then divide this total number of points by the total number of violations found in the multifamily dwelling units inspected to determine an average number representing the average severity per violation identified in the inspection process. This average will then be multiplied by the percentage of inspected units affected by violation, to calculate a final Severity of Violations ("SV") Score that reflects the proportional severity of violations across the inspected units. (d) Total Violations ("TV") Score. The Department will divide the total number of violations found in the rental housing by the total number of multifamily dwelling units inspected to determine an average number of violations per unit which will be the Total Violations ("TV") Score for that rental housing. (e) The Department will, within 30 days after completion of the analysis,: (1) ascertain whether a property will be designated as a troubled property, at-risk property, or compliant property, and the TV Score and SV Score for each multifamily property will be evaluated based on the TV Score and SV Score thresholds established by the Department. The TV and SV score thresholds are set at 2.0 and 1.5, respectively; (2) if a multifamily rental property exceeds both the TV score and SV score thresholds, the property will be classified as a troubled property. Additionally, a multifamily rental property will be automatically designated as a troubled property if, as a result of an inspection, the Department determines that 20 percent or more of the property’s units have mold or an infestation of insects, rodents, or other vermin. Troubled properties are subject to annual inspections, the submission of a corrective action plan, and the submission of quarterly tenant work request logs; (3) if a multifamily rental property exceeds only one of the designated thresholds with either its TV Score or its SV Score, the property will be classified as an at-risk property. At-risk properties may be subject to more frequent inspections by the Department to monitor their conditions and encourage landlords to avoid being designated as a troubled property during future inspections; (4) if neither the TV nor the SV score of the multifamily rental property is above the designated threshold, the property will be designated as a compliant property; (5) if a multifamily rental property is designated as a troubled property or an at-risk property, the notice to the landlord will include supporting documentation to support or explain that designation. The written notice will also include: A. the date established by the Department of the upcoming Department-scheduled inspection; B. for troubled multifamily rental properties, the requirement for, and description of, a corrective action plan which must be submitted to and approved by the Department; C. for troubled multifamily rental properties, the requirements of Section 29-22(e), including the requirement to submit quarterly maintenance logs to the Department, effective as of the date of the written notice; D. the requirements under paragraphs (7) and (8) for the landlord to submit a request to have the multifamily rental property inspected sooner than the next Department-scheduled inspection; and E. the remedies available under Section 29-25 and Section 26-l 6 of the Code if the landlord fails to comply with the requirements of all applicable laws. (6) The Department will inspect every troubled property at least once within the succeeding 12-month period, as measured from the date all previously identified violations from the most recent inspection of the rental housing complex have been corrected and the case file for that property is closed. So long as the multifamily rental property remains a troubled property, the Department will inspect the multifamily rental property at least once within each succeeding 12-month period until the original Department-scheduled inspection for the fiscal year yields a result where the rental housing is no longer designated as a troubled property. Rental housing that is designated as at-risk may continue to be inspected on a more frequent basis. (7) A multifamily rental property that has been designated as a troubled property may have that designation removed after the Director determines that the landlord has corrected all of the violations identified during the initial inspection, the landlord successfully completed the corrective action plan for the rental housing, that two quarters of quarterly tenant work request logs indicate the landlord’s proper maintenance of property and that a subsequent inspection by the Department occurs and yields results that do not qualify the property as being troubled. The landlord may request an inspection sooner than the next Department-scheduled inspection only after the Department has verified that the landlord has corrected all the violations identified during the initial inspection and after the Department has received and approved the corrective action plan, as well as two quarters of quarterly tenant work requests. For the troubled designation to be removed, the TV and SV Scores resulting from the requested inspection or the next Department-scheduled inspection must not be above the designated threshold. (8) A multifamily rental property that has been designated as an at-risk property may have that designation removed after the Director determines that all violations identified during the initial inspection have been corrected and that a subsequent inspection occurs, yielding results that do not qualify the property as being designated as at-risk. The landlord may request an inspection sooner than the next Department-scheduled inspection only after the Department has verified that the landlord has corrected all violations identified during the initial inspection. For the at-risk designation to be removed, the TV and SV Scores of the requested inspection or the next Department-scheduled inspection must not be above the designated threshold. (9) The Department will schedule and perform requested inspections as soon as feasible, taking into account the Department’s responsibility to conduct emergency inspections, previously scheduled inspections, the size of the property, and other Departmental inspection needs. (10) In order for a troubled or at-risk property not to be subjected to Rent Stabilization rent increase restrictions, the property must achieve a designation as a compliant property after a requested inspection or the next Department-scheduled inspection. (11) Landlords that apply for requested inspections will be charged fees in accordance with COMCOR 29.20.02.03.