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<section number="13-138" name="Definitions" law="code" slug="sec-13-138" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV3LANARE_SD1GEPR_S13-138DE">
  <level label="a">
    <text>For the purposes of this Division (and Division 4):</text>
    <level label="1">
      <text>Affected Tenant shall mean any tenant whose health, safety, or welfare is, or reasonably may be, impaired by a defective tenancy.</text>
    </level>
    <level label="2">
      <text>Age Restricted Senior Housing shall mean any senior facility and/or building that has an age restriction of fifty-five (55) years and older for a lease to live in the facility and/or building.</text>
    </level>
    <level label="2.1">
      <text>Banked amount means the dollar amount of an annual rent increase allowance that a landlord did not use to increase the rent for a regulated unit.</text>
    </level>
    <level label="2.2">
      <text>Base rent means rent charged for a regulated rental unit under a lease, exclusive of any rental discounts, incentives, concessions, or credits that are:</text>
      <level label="A">
        <text>offered by the landlord;</text>
      </level>
      <level label="B">
        <text>accepted by the tenant; and</text>
      </level>
      <level label="C">
        <text>itemized in the lease separate from the rent.</text>
      </level>
    </level>
    <level label="3">
      <text>Bona Fide Complaint, Response, or Effort shall mean a complaint or response or effort made in good faith regarding alleged violations of this Division.</text>
    </level>
    <level label="3.1">
      <text>Capital improvements mean permanent structural alterations to a regulated unit intended to enhance the value of the unit. Capital improvements include replacement of major systems, or structural alterations required under federal, state, or County law. Capital improvements do not include ordinary repair or maintenance of existing structures.</text>
    </level>
    <level label="4">
      <text>Common Area shall mean all areas and facilities within the facility and/or building that are not designated by landlord or Property Manager for the exclusive use of tenant or any other lessee or other occupant of the facility and/or building, to include the parking areas, access and perimeter roads, pedestrian sidewalks, landscaped areas, trash enclosures, recreation areas, and the like.</text>
    </level>
    <level label="4.1">
      <text>CPI-U means the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria Area, published by the U.S. Bureau of Labor Statistics, as determined in the Regulations issued in accordance with this Subdivision.</text>
    </level>
    <level label="5">
      <text>Days shall mean calendar days unless otherwise specified.</text>
    </level>
    <level label="6">
      <text>Defective Tenancy shall mean any condition in a single-family rental facility or a multifamily rental facility or matter related to its maintenance, use, or occupancy which constitutes a violation of the terms of the lease or any provision of this Division, or constitutes a violation of any applicable Federal, State, County, or municipal law, regulation, or code reasonably related to the maintenance, use, or occupancy of the single-family rental facility or the multifamily rental facility.</text>
    </level>
    <level label="7">
      <text>Director shall mean the Director of the County Department of Permitting, Inspections, and Enforcement or designee.</text>
    </level>
    <level label="8">
      <text>Dwelling Unit shall mean one (1) or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities as defined by the County Housing Code.</text>
    </level>
    <level label="9">
      <text>State of Emergency shall mean the definition provided in Section 14-107 or Section 14-111 of the Public Safety Article of the Maryland Annotated Code.</text>
    </level>
    <level label="9.1">
      <text>Garden Style Apartments shall consist of multiple small buildings spread out across one large property on the same parcel, lot, tract, or block of land, and ownership. The Garden Style Apartment includes levels or stories without an elevator.</text>
    </level>
    <level label="10">
      <text>High Occupancy Dwelling Facility shall mean any apartment building or group of buildings on the same parcel, lot, tract, block of land, or group of buildings having the same name comprising more than one hundred (100) Dwelling Units that have one or more owners in common.</text>
    </level>
    <level label="11">
      <text>Landlord shall mean the legal and equitable owner(s) of a property, or any portion thereof, used or to be used as a single-family rental facility or a multifamily rental facility and shall include, without limitation, a mortgagee, vendee, contract purchaser, assignee of rents, receiver, trustee, executor, personal representative, lessee, or any person, firm, or corporation who manages the multifamily rental facility by contractual agreement with the owner.</text>
    </level>
    <level label="12">
      <text>Lease shall mean any written agreement which establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the maintenance, use, and occupancy of a rental dwelling unit.</text>
    </level>
    <level label="12.1">
      <text>Multifamily dwelling means a building containing four or more dwelling units. Units may be located side by side in a horizontal configuration or stacked one above the other in a vertical configuration, sharing common vertical walls or horizontal floors and ceilings. Multifamily dwelling does not include single family attached or detached houses.</text>
    </level>
    <level label="13">
      <text>Multifamily Rental Facility shall mean any building, structure, or combination of related buildings, structures, and appurtenances, operated as a single entity, housing cooperative ("COOP"), or a condominium, in which the landlord provides for a consideration three (3) or more rental dwelling units; but shall not be construed to mean any transient facilities such as boarding houses, tourist homes, inns, motels, hotels, school dormitories, hospitals or medical facilities, any other facilities operated for religious or eleemosynary purposes, continuing care facilities regulated by the State pursuant to Article 70B of the Maryland Annotated Code, and projects authorized under 10 U.S.C. 2828, which allows the U.S. Government to lease housing facilities at or near a military installation for assignment, without rental charge, as family housing for members of the Armed Forces.</text>
    </level>
    <level label="14">
      <text>Notice shall mean a written notice unless otherwise specified.</text>
    </level>
    <level label="15">
      <text>Property Manager shall mean an individual or company that has been retained to perform and carry out:</text>
      <level label="A">
        <text>property rentals by advertising and filling vacancies, negotiating and enforcing leases, and maintaining and securing premises;</text>
      </level>
      <level label="B">
        <text>establishing rental rate(s) by and calculating overhead costs, depreciation, taxes, and profit goals;</text>
      </level>
      <level label="C">
        <text>attracting tenants by advertising vacancies, obtaining referrals from current tenants, explaining advantages of location and services, and showing units;</text>
      </level>
      <level label="D">
        <text>contracting with tenants by negotiating leases and collecting security deposit(s);</text>
      </level>
      <level label="E">
        <text>accomplishing financial objectives by collecting rents, paying bills, forecasting requirements, preparing budget(s), scheduling expenditures, analyzing variances, and initiating corrective action;</text>
      </level>
      <level label="F">
        <text>maintaining property by investigating and resolving tenant complaints, enforcing rules of occupancy, inspecting vacant units and completing repairs, planning renovations, contracting with landscaping and snow removal services;</text>
      </level>
      <level label="G">
        <text>maintaining building systems for maintenance services and supervising repairs;</text>
      </level>
      <level label="H">
        <text>securing property with security patrol service, installing and maintaining security devices, establishing and enforcing precautionary policies and procedures, and responding to emergencies; or</text>
      </level>
      <level label="I">
        <text>enforces occupancy policies and procedures.</text>
      </level>
    </level>
    <level label="15.1">
      <text>Regulated rental unit or regulated unit means a rental unit that is not exempted under Section 13-147.</text>
    </level>
    <level label="16">
      <text>Security Measures and Security Equipment shall mean in multi-family rental housing to include, but is not limited to, the maintenance of garages and parking lots, security gates, entryway locks, lighting, security cameras, alarm systems, fencing and any measures designed to keep common areas of the leased premises under the landlord's control in operable condition.</text>
    </level>
    <level label="17">
      <text>Senior Lessee shall mean a person at least fifty-five (55) years of age at the time the lease or renewal is offered.</text>
    </level>
    <level label="18">
      <text>Single-Family Rental Facility shall mean any building, structure, or combination of related buildings, structures, and appurtenances operated as a single entity or a condominium, in which the landlord provides, for a consideration, one or more rental dwelling units not licensable under the Multifamily Rental Facility provisions; but shall not be construed to mean any transient facilities such as boarding houses, tourist homes, inns, motels, hotels, school dormitories, hospitals or medical facilities, or any other facilities operated for religious or eleemosynary purposes, and projects authorized under 10 U.S.C. 2828, which allows the U.S. Government to lease housing facilities at or near a military installation for assignment, without rental charge, as family housing for members of the Armed Force.</text>
    </level>
    <level label="18.1">
      <text>Substantial renovation means permanent alterations to a building that:</text>
      <level label="A">
        <text>are intended to enhance the value of the building; and</text>
      </level>
      <level label="B">
        <text>cost an amount equal to at least 40 percent of the value of the building, as assessed by the State Department of Assessments and Taxation.</text>
      </level>
    </level>
    <level label="19">
      <text>Tenant shall mean any person who occupies a rental dwelling unit for living or dwelling purposes.</text>
    </level>
    <level label="20">
      <text>Tenant with Substantial Loss of Income shall mean any person who occupies:</text>
      <level label="A">
        <text>a rental dwelling unit for living or dwelling purposes; and</text>
      </level>
      <level label="B">
        <text>tenant shall mean an existing tenant and does not include a prospective tenant; and</text>
      </level>
      <level label="C">
        <text>this new provision is provided for tenants that are able to provide proof through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income and are therefore unable to make rent payments as a result of the emergency, as defined by the Governor of the State of Maryland's Executive Order Number 20-04-30-01, 20-03-30-01 and 20-05-13-01, as amended and extended by the Governor, and under Section 143A-02 of the Public Safety Article of the Maryland Code.</text>
      </level>
    </level>
  </level>
</section>
