Warranty of Habitability. The landlord shall expressly warrant that, at all times during the tenancy, the landlord will comply with all applicable provisions of any Federal, State, County, or municipal statute, Code, regulations, or ordinance governing the maintenance, construction, use, or appearance of the dwelling unit and the property of which it is a part. Duty to Maintain Facilities and Common Areas. The landlord shall be obligated to maintain all facilities and common areas supplied with the leased dwelling unit and/or as enumerated in the lease. Promulgate Written Rules with Written Notice to Tenant. The landlord may, however, promulgate written rules to be consistent with the lease governing the use of the leased dwelling unit and the property of which it is a part, so long as the rules are reasonable and are not in violation of the applicable provisions of any Federal, State, County, or municipal law cited above and/or are not inconsistent with the provisions of the lease. The Tenant shall be notified in writing of any changes in the aforesaid rules. Twenty-Four Hour Access for Emergency Purposes. Any landlord operating three or more rental units in the same facility shall be obligated to maintain a 24-hour telephone number and/or answering service where Tenants may contact the landlord in the event of an emergency affecting the health, safety, or welfare of any Tenant or any property thereof. The landlord shall notify all Tenants of the number in writing and by posting the number in a conspicuous place. The emergency number shall also be included in all leases executed after the effective date hereof. In the event of a change of the 24-hour emergency number, the landlord shall promptly notify all Tenants of such change. Emergency Evacuation Plans—Age Restricted Senior Housing. Any landlord operating age restricted senior housing, as defined in Section 13-138(a)(2) of this Division, shall provide an emergency evacuation plan for the facility. The emergency evacuation plan shall be Maryland Life Safety Code 2018, adopted with amendments to the NFPA 101, Life Safety Code, 2018 compliant. The emergency evacuation plan shall be posted in the front office of the facility which is accessible to the public. The Plan shall include an evacuation map, location of fire extinguishers and the type of fire alarm inside. The emergency evacuation plan shall be provided by the landlord on-line. The Prince George's County Fire Department shall make available stickers for residents to place on their windows, at their discretion, to identify if persons in a unit have physical disabilities. Security Measures and Security Equipment. The landlord shall ensure compliance with the following standards: Security equipment provided by the landlord shall be properly installed, properly connected and properly maintained; Security equipment shall be capable of adequately performing the function for which it was designed; and Security equipment in multi-family rental housing shall be maintained in safe and good working condition. This requirement shall include, but is not limited to, garages and parking lots, entryway locks, lighting, security cameras, alarm systems, fencing and security gates. Security Measures and Security Equipment for Garden Style Apartments. Garden Style Apartments shall have at least one camera to cover multiple entrances and exits of each building. Each security camera shall have at a minimum a resolution of 1080p, and, if the security camera tracks the date and time the time shall be tracked in eastern standard time. Each landlord shall retain its security camera footage for no less than thirty (30) days, and, if a Tenant, law enforcement officer, person with a bona fide interest requests security camera footage in relation to an incident on the property then landlord shall retain its security camera footage for no less than one hundred eighty (180) days from the date of request. Security Measures and Security Equipment for High Occupancy Facility(ies). Each High Occupancy Dwelling Facility shall install and maintain twenty-four (24) hour security camera(s): on each building and has a field of view of one hundred eighty degrees (180°) with a view of each aperture designated for ingress and egress to include emergency exits; and at each Common Area(s). Each security camera shall have at a minimum a resolution of 1080p, and, if the security camera tracks the date and time the time shall be tracked in eastern standard time. Each landlord shall retain its security camera footage for no less than thirty (30) days, and, if a Tenant, law enforcement officer, person with a bona fide interest requests security camera footage in relation to an incident on the property then landlord shall retain its security camera footage for no less than one hundred eighty (180) days from the date of request. Enforcement of Maintenance of Security Equipment in Common Areas. Tenants may bring complaints of defective or malfunctioning safety measures or equipment and related violations of Section 13-153 to: The landlord, the Property Manager, or the landlord's agent; and The landlord shall correct the defect or make repair(s) to the defective or malfunctioning safety measures or equipment within fourteen (14) business days; and If the landlord fails to correct the defect or make repair(s) to the defective or malfunctioning safety measures or equipment within fourteen (14) business days, the Tenant may bring the complaints to the Director of the Department of Permitting, Inspections, and Enforcement (DPIE); and If DPIE determines that a violation has occurred, DPIE may impose a civil fine or an administrative citation not to exceed five hundred dollars ($500) for each violation; and Any civil fine levied pursuant to this section shall be imposed each day the landlord is in violation of this section, and Any penalty that DPIE imposes for a violation pursuant to this subsection, shall be in addition to any other penalty authorized under Federal, State, County, municipal statute, Code, regulations, case law or ordinance governing the maintenance, construction, use, or appearance of the dwelling unit and the property of which it is a part. Financial Assistance. The Director of the Office of Management and Budget may award a one (1) time rebate up to $5,000 to any High Occupancy Dwelling Facility that is subject to the provisions of this Subdivision for expenditures pertaining to security camera requirements.

The landlord shall assure the tenant that the tenant may peaceably and quietly enter upon the leased premises at the beginning of the term of the lease. The landlord shall bear the sole responsibility for removing a holdover tenant from the dwelling unit.

The tenant shall not unreasonably withhold his consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary repairs, decorations, alternations or improvements, supply services as agreed, or exhibit the dwelling unit to prospective purchasers, mortgagees or tenants. The landlord shall not abuse his right to access nor use it in any way to harass the tenant. Except in the event of an emergency, affecting the health, safety, or welfare of the landlord or any tenant or any property thereof, the landlord shall give the tenant at least twenty-four (24) hours written or oral notice of his intent to enter and shall enter only during normal business hours or at such other time as is mutually agreed to by the landlord and the tenant. In the event that the tenant is absent from the dwelling unit at the time of entry, the landlord shall supply the tenant, within twenty-four (24) hours after the entry, with a written report of the entry, setting forth the purpose of the entry and the details of any repair, decoration, alteration or improvement. The abuse of access rights by either the landlord or the tenant shall be a basis for the termination of the lease by the affected party.

The landlord shall not withhold the right of tenants to access utility meters within leased premises having individual utility meters for gas, electricity, water or other services which are billed to the tenant by individual unit. Access to meters within secured areas shall be arranged by appointment at the request of the tenant to the landlord or designated representative. Such appointments shall be requested at least three (3) working days in advance and shall be scheduled during normal business hours.

Each tenant shall comply with all obligations imposed upon him by the lease agreement and by applicable provisions of all State and County statutes, codes, regulations and ordinances, and in particular: Keep that part of the premises which he occupies and uses clean and sanitary; Dispose from his dwelling unit all rubbish, garbage, and other organic and flammable waste, in a clean and sanitary manner; Keep all plumbing fixtures as clean and sanitary as their condition permits; Properly use and operate all electrical and plumbing fixtures; Prevent any person on the premises with his 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 thereto, nor himself do any such thing; Comply with all legal covenants and rules which the landlord can demonstrate are reasonably necessary for the preservation of the property and persons of the landlord, other tenants, or any other person; Refrain from interfering with the rights of other tenants to peacefully enjoy the use and occupancy of the premises; Provide to the landlord a copy of the key necessary to gain access to the premises if locks have been added, altered or changed by the tenant from the date of the lease agreement.

If the landlord imposes a security deposit, he shall promptly deliver to the tenant, upon written request, a report setting forth all damages existing within the leased dwelling unit, pursuant to the Real Property Article of the Annotated Code of Maryland. The request shall be made within fifteen (15) days of the tenant's occupancy of the leased dwelling unit. The tenant shall, if he disagrees with the report, serve on the landlord a statement of his own, setting forth any variations, within five (5) days after he receives the report. Failure by the landlord to provide the tenant with such a report shall make the landlord liable to the tenant for threefold the amount of the security deposit. The landlord shall be presumed to be responsible for any damages noted in the condition report and any variations noted therein, unless proof of repairs is shown. Any defective condition within the leased dwelling unit which comes to the tenant's attention, which he has reason to believe is unknown to the landlord, shall be reported to the landlord within forty-eight (48) hours. Where the defective condition may cause serious damage to person or property, it shall be reported to the landlord immediately.

The landlord shall be entitled to charge a late fee of not more than one percent (1%) of the total monthly rental payment per day for each day the tenant is late, commencing with the sixth (6th) day of the period for which rent is due and being paid, not to exceed a total of five percent (5%) of the total monthly rental payment. However, if the tenant receives public assistance pursuant to Sections 48, 65A, 65B, and 65C of Article 88A of the Annotated Code of Maryland, and the public assistance check has not been mailed to the tenant by the State Department of Human Services on or before the date the rent is due, the landlord shall be entitled to charge the late fee commencing on the sixth (6th) day after the day the public assistance check was actually mailed. It shall be the responsibility of each tenant who receives public assistance to inform the landlord, in writing, that the public assistance check was mailed later than the day upon which the rent was due, and to provide reasonable, satisfactory evidence to establish this fact. In the case of leases under which the rent is paid in weekly rental installments, a penalty of Three Dollars ($3.00) may be charged for the late payment of rent. However, no late penalties for rent paid under a lease providing for weekly rental installments shall constitute, in the aggregate, more than Twelve Dollars ($12.00) per month. Provided further, that in no event should the landlord demand the payment of any fees or other charges except rent, court filing fees, and court awarded costs as a condition precedent to allowing the tenant to exercise his right to redeem the leased dwelling unit as provided for by the Real Property Article of the Annotated Code of Maryland; provided, however, that the foregoing shall not apply to any tenant against whom three (3) judgments of possession have been entered for rent due and unpaid in the twelve (12) months prior to the initiation of the action to which the foregoing would otherwise apply. The landlord shall be entitled to recover only those costs and/or filing fees actually incurred. If requested in writing, the landlord shall provide the tenant with a written statement of charges actually incurred, to include the District Court (Landlord-Tenant) case number and a copy of the complaint form. Any such request by the tenant must be made within thirty (30) days of the costs being assessed and may not cover any other request for filing costs assessed in excess of one hundred eighty (180) days. Nothing in this Section shall be interpreted to alter a landlord's remedies to recover damages due from a tenant arising from breach of a lease or provisions of law.

A security deposit is any advance or deposit of money given to the landlord by the tenant for the purpose of securing the performance of the rental agreement or any part thereof. A landlord shall not impose a security deposit in excess of the equivalent of two (2) months' rent or Fifty Dollars ($50.00), whichever is greater, per dwelling unit, regardless of the number of tenants. If the landlord charges more than the equivalent of two (2) months' rent or Fifty Dollars ($50.00), whichever is greater, per dwelling unit, as a security deposit, the tenant shall have the right to recover up to threefold the extra amount so charged, plus reasonable attorney's fees. An action under this Section may be brought at any time during the tenancy, or within two (2) years after the lease is terminated. The landlord shall maintain the security deposit in an interest bearing and insured escrow account in a bank or savings and loan association located within the State of Maryland, and administer it for the benefit of the tenant. This money shall not be commingled with any asset of the landlord and shall be identified in some manner as security deposit escrow money. Failure to provide such information shall be cause for denial, suspension, or revocation of the license to operate a multifamily rental facility as required by Section 13-184. The landlord shall give a tenant a receipt for a security deposit. The receipt shall be included as a provision in the lease. The landlord shall be liable to the tenant in the sum of Fifty Dollars ($50.00) if the landlord fails to provide a written receipt for a security deposit. The landlord shall deposit the security deposit money within thirty (30) days after its receipt. The tenant shall be entitled to interest earned on the deposit as provided under § 8-203 of the Real Property Article. In the event of sale or transfer of any sort, including, but not limited to, receivership or bankruptcy, the security deposit shall be binding on the successor in interest to the person to whom the deposit is given. Security deposits shall be free from any attachment by creditors. Any successor in interest shall be liable to the tenant for failure to return the security deposit together with interest, as provided by this Section. The landlord shall return the security deposit and interest per annum, as determined pursuant to § 8-203 of the Real Property Article, less any damages rightfully withheld, within forty-five (45) days after the lease is terminated. Interest shall accrue at six (6) month intervals from the day the landlord deposits the security deposit. Interest shall not compound. Interest shall be payable only on security deposits of Fifty Dollars ($50.00) or more. If the landlord fails, without a reasonable basis as specified in Subsection (h), to return all or any part of the security deposit and that portion of the accrued interest within forty-five (45) days after the lease is terminated, the tenant shall have the right to recover up to threefold the amount so withheld plus reasonable attorney's fees. The tenant has the right to be present when the landlord or his agent inspects the leased dwelling unit in order to determine if any damage was done to the leased dwelling unit, if the tenant notifies the landlord by certified mail of his intention to move, the date of moving, and his new address. The notice to be furnished by the tenant to the landlord shall be mailed at least fifteen (15) days prior to the date of moving. Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the leased dwelling unit is to be inspected. The date of inspection shall occur within five (5) days before or five (5) days after the date of moving as designated in the tenant's notice. The tenant shall be advised of his rights under this Subsection in writing at the time of his payment of the security deposit. Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages. The security deposit may not be forfeited to the landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach. In calculating damages for lost future rents, any amounts of rents received by the landlord for the leased dwelling unit during the remainder of any of the tenant's term shall reduce the damages by a like amount. A detailed statement of any damages or violations of the lease together with the cost actually incurred shall be mailed by first class mail directed to the last known address of the tenant within forty-five (45) days after the lease is terminated. The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease, or for damage to the leased dwelling unit by the tenant, his family, agents, employees, or social guests in excess of ordinary wear and tear. The failure of the landlord to inspect the leased dwelling unit or to mail a notice in accordance with paragraph (A), above, shall cause the landlord to forfeit any right to withhold any part of the security deposit for damages.

For any reason listed in paragraph (2) of this subsection, a landlord of any residential property may not: Harass, intimidate, threaten, or otherwise interfere with a tenant's exercise of their legal rights; Bring or threaten to bring an action for possession against a tenant; Increase the rent or decrease the services to which a tenant has been entitled; or Terminate a periodic tenancy. A landlord may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons: Because the tenant or the tenant's agent has complained, in good faith, to the landlord or to any public agency concerning the tenant's rights, specific housing deficiencies, an alleged violation of the lease, a violation of law, or a condition on the leased premises that is a substantial threat to the health or safety of occupants to The landlord; or Any public agency against the landlord; Because the tenant or the tenant's agent has: Consulted an attorney on any matter involving tenant's rights or specific housing violations; or Filed a lawsuit against the landlord; or Testified or participated in a lawsuit involving the landlord. Because the tenant has participated in any tenants' organization. Because tenant sought enforcement of Section 13-144 of the Code. A landlord shall not evict or attempt to evict, or take any other retaliatory action against any tenant who exercises any rights conferred upon the tenant by law or any tenant who assists another tenant in exercising those rights. A landlord's violation of subsection (a) of this section is a "retaliatory action". A tenant may raise a retaliatory action of a landlord: In defense to an action for possession; or As an affirmative claim for damages resulting from a retaliatory action of a landlord occurring during a tenancy. If in any proceeding the court finds in favor of the tenant because the landlord engaged in a retaliatory action, the court may enter judgment against the landlord for damages not to exceed the equivalent of 3 months' rent, reasonable attorney fees, and court costs. The relief provided under this section is conditioned on the tenant being current on the rent due and owing to the landlord at the time of the alleged retaliatory action, unless the tenant withholds rent in accordance with the lease or pursuant to law. An action by a landlord may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a tenant's action that is protected under subsection (a)(2) of this section. As long as a landlord's termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the landlord's or the tenant's rights to terminate or not renew a tenancy.

As a condition precedent to the leasing of a dwelling unit in a multifamily rental facility and in age restricted senior housing in this County, there shall be either an oral lease between the landlord and tenant, where such an oral lease is allowable under Maryland law, or a written lease evidencing the understanding of the parties which shall be executed by both the landlord and the tenant. The lease shall be subject to the following conditions: If the lease is in writing, it shall be executed in duplicate, one (1) copy of which shall be provided to the tenant at the time of execution. The lease shall be for an initial term as shall be specified and renewable for such additional term, if any, as shall be specified, except as provided under Section 13-166. Such renewing shall be at the tenant's option. All terms and conditions of renewals shall be the same as for the initial term, except as provided under Section 13-166 or as may be otherwise agreed to by the parties, and except for lawful rent increases. The lease shall specify any restrictions on use by the tenant of the leased premises and the property of which it is a part and further specify any attendant rights to the use of the leased premises and the property of which it is a part, which may include, but not be limited to, parking lot and swimming pool privileges.

In addition to the provisions of Section 13-161, each written lease agreement shall contain the following: An acknowledgement of the landlord's and the tenant's collateral responsibility for maintenance of the leased premises as defined in Sections 13-153 and 13-156. A provision for notice to be required to quit the premises. A provision acknowledging the landlord's duty to furnish to the tenant upon termination of the lease an itemization of any damages chargeable to the tenant. A provision enumerating the number of persons authorized to occupy the premises, not to include occasional guests. For purposes of this Section, "occasional guest" shall mean any person who, with the tenant's consent, temporarily occupies the premises for not more than fifteen (15) consecutive days. An itemization of all equipment provided by the landlord to the tenant, which shall include, but shall not be limited to, heat, water, and hot water, and which may include, but not be limited to, air-conditioning, washer, dryer, humidifier, dehumidifier, dishwasher, and garbage disposal. An itemization of all services to be provided by the landlord to the tenant of whatsoever kind, which shall include, but shall not be limited to, maintenance of the grounds and provisions for trash removal. An express warranty of habitability as defined in Section 13-153. A provision whereby the tenant is permitted a grace period of five (5) days for the payment of his rent as provided in Section 13-158. A "nonretaliation" provision as set forth in Section 8-208 of the Real Property Article of the Annotated Code of Maryland. A provision acknowledging the landlord's responsibility to provide written receipts for security deposit money pursuant to Section 13-159 and all cash monies received from the tenant. A provision acknowledging rent escrow as a lawful tenant remedy. A provision permitting the tenant to sublease subject to the prior written approval of the landlord. A provision setting forth the security deposit (if any) to be required and the interest thereon to be paid, in compliance with Section 13-159. A provision acknowledging the right of any tenant who is blind or deaf to keep and maintain a dog, certified as being specially trained to aid the tenant in his handicap, of the tenant's choice within the leased dwelling unit, the rental facility and all other related structures in accordance with applicable laws. A provision informing the tenant that the landlord does not carry any insurance on the tenants' personal possessions and if the tenant wishes to be insured an insurance carrier which provides renter's insurance should be contacted. The landlord will require the tenant to initial this provision.

It shall be unlawful for any person, tenant, landlord, landlord agent, management staff and/or property owner to knowingly, sublease, assign, transfer possession, or permit use of an apartment for the purposes of any violation of the Controlled Dangerous Substance Laws of the State of Maryland and/or of Prince George's County. Anyone who violates this Section shall be guilty of a misdemeanor per apartment, per occurrence and, upon conviction, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months for each offense.

It shall be unlawful for any person, tenant, landlord, landlord agent, management staff and/or property owner to knowingly sublease, assign, transfer possession, or permit use of an apartment for the purposes of any violation of the Prostitution Laws, including human sex trafficking and human labor trafficking laws of the State of Maryland and/or Prince George's County. Anyone who violates this Section shall be guilty of a misdemeanor per apartment, per occurrence and, upon conviction, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months for each offense.

Any inquiries and/or complaints regarding prostitution and/or human sex or human labor trafficking to the Prince George's County 311 Call Center shall be directed to the enforcing agencies of the County, including the Office of Human Rights. Upon request, the Office of Human Rights shall make available to property owners and landlords of rental properties requesting the information and/or the inquiries or complaints received regarding their rental properties. The Office of Human Rights shall make available resources regarding prostitution and/or human sex or human labor trafficking to property owners and landlords of rental properties.

Any person who is a property owner, landlord, landlord agent, or management staff that operates an apartment rental within the County shall be offered voluntary training for management employees on how to identify human sex and human labor trafficking activities and human sex and human labor trafficking victims. An owner and a manager of an apartment rental within the County may voluntarily register for human sex and human labor trafficking training with the Office of Human Rights. If an entity is owned by a corporation, the registered agent of the owner may register with the Office of Human Rights. Any voluntary registration shall be updated by the Office of Human Rights by the end of the 30th day after registration with the Office of Human Rights. The Office of Human Rights, in collaboration with the Prince George's County Police Department, will provide voluntary training on human sex trafficking and human labor trafficking consisting of training for management staff of an apartment rental within the County at the cost of the participating apartment owners. Beginning on July 1, 2017, apartment rentals identified in Sec. 13-162.00.04(a), may voluntarily biennially certify to the Office of Human Rights that management staff has completed the voluntary training. The Office of Human Rights shall issue regulations prescribing the process for biennial certification within sixty (60) days after the effective date of this Act except for human labor trafficking, which certification process shall be completed at a later date. The same training requirements apply for human labor trafficking except for the above-referenced dates in this subsection.

When the Department of Permitting, Inspections, and Enforcement determines that any part of a multifamily rental facility, including the parking area thereof, is within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, and is so designated on a Flood Hazard Area Boundary Map furnished by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development, or the Flood Plain maps of the U.S. Army Corps of Engineers, or is otherwise so determined as being within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, then the Director shall be provided with a property plat, aerial photo, or other graphic depiction showing that portion of the multifamily rental facility, including the parking area thereof, situated within the Flood Hazard Boundary, provided that if the Landlord has obtained from a professional engineer registered in the State of Maryland a certification that a building and the parking area normally used by tenants therein is not within the one hundred (100) year floodplain, which certification shall be based upon a detailed comprehensive floodplain study prepared by a public authority or an independent study prepared by such engineer, and which independent study shall be presented to and accepted by the Director, the building and the parking area shall be exempt from the provisions of this Section. The Director in turn shall immediately notify the landlord who, upon receipt of the notification, shall include one of the following acknowledgements in any future lease for any tenant who would occupy any building situated within the Flood Hazard Boundary, or who would normally utilize a parking or storage facility area any portion of which is situated within the Flood Hazard Boundary, such parking areas to be clearly posted to alert those using it that the parking area is subject to flooding: In the event of heavy rainfall the unit you are to occupy and/or the motor vehicle parking area and/or the separate storage facility (as the case may be) are situated within a Flood Hazard Area boundary and may be subject to flooding which could damage personal belongings and motor vehicles. Because of potential loss, you may be eligible for U.S. Government subsidized flood insurance on the personal belongings in your apartment building. Because of this danger of loss of your personal belongings due to flooding, you should consider acquiring flood insurance which may be purchased from most insurance agents. Damage to motor vehicles is not covered by such insurance; therefore, you should also determine whether you have proper motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in the area. The tenant acknowledges reading and understanding the foregoing warning concerning flooding and the availability of flood insurance, and hereby assumes the risk of loss which may result from such flooding. Tenant's signature or A professional engineer registered in the State of Maryland has certified that (strike the phrases that do not apply) the apartment unit you are to occupy - the first floor and basement of the building in which your unit is located - a portion of the facility's parking area in which you would normally park your motor vehicle - (is)(are) situated within an area which has been designated as being within the one hundred (100) year floodplain and therefore may be subject to flooding. You may, therefore, be eligible for subsidized, low cost U.S. Government flood insurance on your personal belongings located in the building. Accordingly, you may wish to consider acquiring such insurance which may be purchased from insurance agents. Damage to motor vehicles is not covered by Government subsidized flood insurance. You should determine whether you have proper motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding when your vehicle is parked in an area where flooding occurs. The tenant acknowledges reading and understanding the foregoing warning concerning flooding and the availability of flood insurance, and hereby assumes the risk of loss which may result from such flooding. Tenant's signature Such acknowledgement may be in the form of an attachment or, if included in the lease form, it shall be distinctly set apart from any other provisions of the lease with a space provided for a written acknowledgement that the tenant is aware of the flood risk. Any such lease not accompanied by the foregoing acknowledgement, and either the tenant's signature or witnessed mark specifically and independently related to the acknowledgement, shall be unenforceable by the landlord. Within five days after receipt of notification from the Director, the landlord shall furnish all tenants occupying dwelling units in premises within the Flood Hazard Area Boundary, or utilizing a parking or separate storage facility within the Flood Hazard Area Boundary, with a written warning in the above stated form (1) or (2) without the statement relating to the assumption of risk, and obtain the tenant's signature as prescribed herein. Any landlord electing to provide the notice specified under subparagraph (2) shall obtain through the services of a professional engineer registered in the State of Maryland the data required for completion of the notice.

The owner of each dwelling or dwelling unit must assure compliance with the following standards during human habitation: Equipment which is provided by the landlord shall be properly installed, connected, and maintained, and shall be capable of adequately performing the function for which it was designed. Air conditioning in rental housing. Except when required for reasonable maintenance and repair, if the landlord supplies air conditioning units or a central air conditioning system, it shall be maintained in a safe and good working condition. Safe and good working condition shall mean that between June 1 and September 30: Each owner of rental housing where cooling is not under the control of the tenant shall maintain a temperature of no more than 80 degrees Fahrenheit (80°F) in each habitable space at a distance of three (3) feet above floor level, above the floor near the center of the room and two (2) feet inward from the center of each exterior wall; and Each owner of rental housing where the cooling is under the control of the tenant shall provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80°F). Enforcement - Air Conditioning in Rental Housing. Tenants may bring complaints of violations of 13-162.02(b) to the Department of Permitting, Inspections, and Enforcement (DPIE). If DPIE finds that a violation has occurred, DPIE shall impose a civil fine up to five hundred dollars ($500) for each violation.

No written lease agreement shall contain: Any provision containing a waiver of notice to quit. Any provision containing a waiver of the landlord's liability for damages occasioned by the landlord's failure to repair or maintain the leased premises, as set forth in Section 13-153. Any incorporation by reference of a collateral agreement or provision unless a copy thereof is affixed to all copies of the lease. Any provision of authorization for confession of judgement for rent due. Any provision containing a waiver of the protection afforded under this Division. Any provision for penalty for the late payment of rent (late fee) in excess of five percent (5%) of the total monthly rental payment as provided in Section 13-158. Any provision containing a waiver of notice to service of process as would otherwise be provided or allowed under State or County law. A provision whereby the tenant agrees to waive or forego any right or remedy provided by applicable law. A provision providing for penalty for the late payment of rent (late fee) in excess of five percent (5%) of the amount of rent due for the rental period for which the payment was delinquent or in the case of leases under which the rent is paid in weekly rental installments, a provision for a penalty for the late payment of rent in excess of Three Dollars ($3.00) per week or in the aggregate in excess of Twelve Dollars ($12.00) per month. Any provision whereby the tenant waives his right to a jury trial. Any provision whereby the tenant agrees to a period required for landlord's notice to quit less than that provided by applicable law; provided, however, that neither party is prohibited hereby from agreeing to a longer notice period than that required by applicable law. Any provision authorizing the landlord to take possession of the leased dwelling unit, or the tenant's personal property therein, unless the lease has been terminated by action of the parties or by operation of law, and such personal property has been abandoned by the tenant without the benefit of formal legal process. Any lease provision which is prohibited by terms of this section shall be unenforceable by the landlord. If the landlord included in any lease a provision prohibited by this section or otherwise made unenforceable by State or County law, and tenders a lease containing such a provision, or attempts to enforce and/or make known to the tenant an intent to enforce any such provision, the tenant may recover any actual damages incurred as a result thereof, including reasonable attorney's fees. If any lease shall contain a provision calling for an automatic renewal of a lease term unless prior notice is given by the party or parties seeking to terminate the lease, any such provision shall be distinctly set apart from any other provision of the lease and provide a space for the written acknowledgement of tenant's agreement to the automatic renewal provision, except leases containing an automatic renewal of one (1) month or less. Any such provision not specifically accompanied by either the tenant's initials, signature, or witnessed mark, shall be unenforceable by the landlord.

After a warrant of restitution is executed, the landlord shall dispose of the property of a tenant. In no event may any of the tenant's property be placed on a public right-of-way or on any public property. Any property removed from the leased premises pursuant to a properly issued warrant of restitution shall be deemed abandoned. If the tenant or the tenants' agent is present at the time the warrant of restitution is executed, the tenant shall be permitted to salvage and transport the tenant's property removed from the leased premises, after the warrant of restitution is executed, for a reasonable period of time, not to exceed four hours. This section shall not apply to County owned property.

The purpose of this legislation is to address the public health concerns regarding trash collection that may arise following an eviction. The County finds that the accumulation of garbage, litter, rubbish, abandoned property, and/or trash following an eviction may adversely affect the health, safety and general welfare of the residents of the County. This legislation seeks to improve public health by minimizing odor, removing unsightly garbage, litter, rubbish, abandoned property, and/or trash in order to prevent insect and/or rodent infestation, breeding, and feeding.

The Office of the Sheriff shall notify the enforcing agencies of the County of the eviction. The Office of the Sheriff shall notify, within one business day, the Department of Permitting, Inspections and Enforcement and the Department of Public Works and Transportation regarding the eviction. Following an eviction, no garbage, litter, rubbish, abandoned property, and/or trash shall be placed, left, dumped or permitted to accumulate or remain in buildings or premises in the County. After the initial period, which is granted pursuant to Section 13-164, in which the evicted person or persons have to remove property, the landlord has one business day following an eviction to have the garbage, litter, rubbish, abandoned property, and/or trash from the eviction removed at the expense of the property owner. Within one business day of receipt of a complaint that garbage, litter, rubbish, abandoned property and/or trash is not removed the Department of Permitting, Inspections and Enforcement shall investigate the complaint and shall issue a violation notice and/or citation, as deemed appropriate. For private property evictions, the Department of Public Works and Transportation shall be designated as the responsible agency to remove garbage, litter, rubbish, abandoned property and/or trash placed on private property after an eviction upon receipt of a clean-up request and court order.

Municipal corporations that provide trash collection services in their jurisdiction shall be exempt from the provisions of this Act.

Any person who violates any provision of Sections 13-164.01, and/or 13-164.02 shall pay a fine of One Thousand Dollars ($1,000), per day. A tax lien may be placed on a property or properties to recoup outstanding fines. Fine recoveries shall be dedicated to the Solid Waste Management Fund.

Any person who violates any provision of Sections 13-164.01, and/or 13-164.02, shall pay the cost of removal of trash and related expenses. A tax lien may be placed on a property or properties to recoup outstanding costs. Cost recoveries shall be dedicated to the Solid Waste Management Fund. Within 18-months after implementation of Sections 13-164.02, 13-164.03, 13-164.04, and 13-164.05 of this Subtitle, a report of the actual annual number of evictions, actual annual number of trash removals after an eviction by the county, actual annual costs, actual annual revenues, and an evaluation with projected annual costs, projected annual revenues as well as recommendations on streamlining the enforcement process of Sections 13-164.02, 13-164.03, 13-164.04, and 13-164.05 of this Subtitle, shall be presented to the County Council by the enforcing agencies, which may include the Department of Permitting, Inspections and Enforcement, the Department of the Environment, and the Department of Public Works and Transportation.

The purpose of this Section is to protect the tenancies of certain County households and residents in the rental housing market. The County Council finds that senior lessees, particularly those on limited or fixed incomes, can experience hardships in maintaining rental housing accommodations and that it is in the best interest of public health, safety and welfare to regulate the leasing of rental housing for seniors in the County.

On or after June 1, 2016, a landlord shall offer an initial lease or, when a current lease expires, a renewal lease, with a lease term of at least twenty-four (24) months to a senior lessee residing in age-restricted senior housing, unless the senior lessee agrees otherwise. Rental housing not covered in this Division includes, but is not limited to, assisted living, care home, and nursing home facilities. The twenty-four (24) month lease or renewal lease shall apply to senior lessees in a facility that are at least fifty-five (55) years of age at the time the lease or renewal is offered. The initial or renewal lease offered under Subsection (a) above shall also comply with Sections 13-161, 13-162 and 13-163 of this subdivision. The term of new or renewal senior leases shall be for twenty-four (24) months and shall remain without fee or rent increases for the entire period. Landlords are required to provide written notice to all lessees about the twenty-four month period upon entering into a new lease or a renewal lease. The landlord must keep a record of seniors who are using the twenty-four (24) month lease period. Any senior who waives the twenty-four (24) month lease period needs to complete a waiver form, or have the waiver indicated on the lease, which the landlord must keep on file for three years.

The Department of Permitting, Inspections and Enforcement: shall, as part of the biennial license renewal process: provide landlords with written notice that a twenty-four (24) month requirement is in effect in their new or renewal licenses, and provide landlords with written notice of this Act within 30 calendar days after its effective date. The Department of Permitting, Inspections and Enforcement shall use the rental license process to determine if landlords have appropriately offered the twenty-four (24) month lease period to lessees. The Department of Permitting, Inspections and Enforcement may deny, suspend or revoke a rental license or the renewal of a rental license, pursuant to Sections 13-184 or 13-187 of the Code, if they find that the landlord has not offered this lease period. The Department of Housing and Community Development, in conjunction with the Department of Social Services and the Office on Aging, will use HUD and other housing resources to help encourage financial literacy and to provide housing information to seniors.

Definitions. For purposes of this section, the following terms have the following meanings: "Consumer Reporting Agency" has the same meaning as is set forth in Subsection (f) of Section 1681a of Title 15 of the United States Code. "Landlord" means an owner of residential real property containing fifteen (15) or more dwelling units. It includes an owner, lessor, sublessor, assignee or other person receiving or entitled to receive rent for the use or occupancy of any housing accommodation. "Landlord" includes one of the following: A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code. A corporation. A limited liability company in which at least one member is a corporation. "Nationwide Consumer Reporting Agency" means a consumer reporting agency that provides consumer credit reports nationwide and that receives rental payment data from rent reporting services. "Tenant" means a Tenant, subtenant, lessee, sublessee or other person entitled to the possession or to the use or occupancy of a housing accommodation controlled, subsidized or both by the department. Rent Reporting. Beginning July 1, 2023, any Landlord, as defined in (a) of this section, shall offer the Tenant or Tenants obligated on the lease of each unit in that housing development the option of having the Tenant's rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)) or any other consumer reporting agency that meets the definition set forth in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)) so long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)). A Tenant's rental payment information may be reported by a third-party service, or the landlord, or otherwise. Tenant Election. A Tenant's election to have rent payments reported under this subdivision shall be in writing. Leases after July 1, 2023. For leases entered into after July 1, 2023, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. Leases Outstanding as of July 1, 2023. For leases outstanding as of July 1, 2023, the offer of rent reporting shall be made no later than October 1, 2023, and at least once annually thereafter. Offer of Rent Reporting. The offer of rent reporting shall include a written statement that only the Tenant's timely payments will be reported. Fee for Rent Reporting. If a Tenant elects to have that Tenant's rental payments reported to a consumer reporting agency under section (b) the Landlord may require that Tenant to pay a fee to a third-party service, or the landlord, or otherwise not to exceed the lesser of the actual cost to the Landlord to provide the service or ten dollars ($10) per month. Tenant Failure to Pay Rent Reporting Fee. If a Tenant fails to pay any fee required by the Landlord pursuant to section (g), all of the following shall apply: The failure to pay the fee shall not be cause for termination of the tenancy. The Landlord shall not deduct the unpaid fee from the Tenant's security deposit. If the fee remains unpaid for 30 days or more, the Landlord may stop reporting the Tenant's rental payments and the Tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due. The payment or nonpayment of this fee by the Tenant shall not be reported to a consumer reporting agency. Tenant's Rights to Terminate Rent Reporting. A Tenant who elects to have rent reported as described in subdivision (a) may subsequently: File a written request with the Landlord to stop that reporting and the Landlord shall comply with the request. A Tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of six months from the date of the Tenant's written request to stop reporting. Md. Code Ann., Real Prop. § 8-211 Protections. A Tenant who elects to have rent reported shall not forfeit any rights provided under Md. Code Ann., Real Prop. § 8-211. Md. Code Ann., Real Prop. § 8-218 Protections. A Tenant who elects to have rent reported shall not forfeit any rights provided under Md. Code Ann., Real Prop. § 8-218. Termination of Pilot Program. This section shall remain in effect from July 1, 2023, until July 1, 2028, and shall be repealed after that date, unless it is extended by statute before that date.

Definitions. As used in this Section: Department means the Department of Permitting, Inspections and Enforcement. 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 13-113 of this Code. 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 13-113 of this Code. Relocation payment required. A landlord must pay a relocation payment to a permanently or temporarily displaced tenant. Relocation payment not required. A landlord with five (5) or less dwelling units is not required to provide a relocation payment. A landlord is not required to provide a relocation payment if the Director determines that the rental housing is condemned due to a natural disaster. A landlord is not required to provide a relocation payment for a building originally designed and constructed to contain only two (2) dwelling units, one of which the owner currently occupies as a principal residence (domicile); Relocation amount. Permanently displaced tenants. For a permanently displaced tenant, the landlord must, within 72 hours of the posting of the condemnation: return to the permanently displaced tenant the tenant's security deposit with required interest pursuant to Md. Real Property Code Ann., Sec. 8-203(e); pay to the permanently displaced tenant any pro rata rent for the remainder of the month; and pay to the permanently displaced tenant the greater of: 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 3 months' of the tenant's rent under the lease at the time of relocation. Temporarily displaced tenants. For a temporarily displaced tenant, the landlord must, within 24 hours of the posting of the condemnation: 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 pay for the costs of the immediate relocation of the temporarily displaced tenant and the tenant's belongings. 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. If the replacement housing provided under subsection (c)(2)(A) is not comparable, the landlord must pay an approved allowance determined by Council resolution. 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. Alternative payment. Notwithstanding the relocation payment required under this Section, a landlord and tenant may agree to an alternative arrangement if the alternative arrangement: is of equal benefit to the tenant; and is evidenced by a written agreement between the tenant and the landlord that meets the criteria in subsection (c)(3)(B). A written agreement detailing the alternative arrangement must contain: the names of the current occupants of the condemned rental housing; the address of the condemned rental housing; a statement indicating the amount of the relocation payment to which the tenant is entitled under subsection (c)(1) or (c)(2); a statement that the tenant has waived the right to the relocation payment; a description of the alternative arrangement; and the address, if known, of the location to which the tenant plans to move. Proof of compliance. A landlord must retain a copy of the check or money order provided to the displaced tenant and a receipt signed by the tenant for a period of five (5) years. First right to reoccupy. 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. 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. 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. 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. 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. 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. A permanently displaced tenant may waive the right to reoccupy the rental housing at any time after displacement. Penalty. Any landlord issued a citation for a violation of this Subdivision shall be subject to a fine of up to One-Thousand Dollars ($1,000). Each day a violation continues is a separate violation.

Nothing contained in this Division shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled or from filing any complaint with any other agency, or court of law or equity.