This Division is to establish the licensing requirements for short-term rentals within Prince George's County, Maryland. It also establishes the rules, regulations, fees, penalties and enforcement provisions for short-term rentals. In the shared economy, hosting platforms enable people to utilize and rent his or her home on a short-term basis. Short-term rentals are not regulated to the same standards as a hotel or motel, however, individuals utilizing short-term rentals and the associated hosting platforms acknowledge, understand and accept these differences in standards. Rental licenses are different from short-term rental licenses and cannot be used interchangeably. Rental licenses are regulated pursuant to Subtitle 13 Division 4. Short-term rental licenses are regulated pursuant to Subtitle 5 Division 8. Each license must be applied for separately, adhering to and satisfying the applicable standards for each license.

In this Subtitle, the following words shall have the meaning indicated. Booking service means a reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between a host and a prospective short-term rental guest for which the person or entity collects fees in connection with the reservation or facilitates payment services between the host and guest. Days means calendar days. Department means the Department of Permitting, Inspections, and Enforcement. Director means the Director of the Department of Permitting, Inspections, and Enforcement. Dwelling unit means any room or group of rooms forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals, and that is located within a building that is wholly or partially used or intended to be used for living and sleeping by human occupants. Host means a legal owner of a residential dwelling unit and who provides or offers to provide all or part of a residential dwelling unit for short-term rental and has obtained a short-term rental license from Prince George's County. The host must provide proof of ownership with a copy of his or her Homestead Tax Credit filing. Hosting platform ("Platform") means a person or entity that facilitates a short-term rental by providing booking services through which a licensed host may lawfully provide a residential dwelling unit for short-term rental use. Listing means a complete list of all Prince George's County properties listed in the platform for the current and upcoming reporting periods, to include the host name, owner name, physical address, councilmanic district, municipality, license number, registration number, and rate charged for each short-term rental stay. Nuisance means the following: An act or condition knowingly created, performed, or maintained on private property that constitutes a local code violation and that: Significantly affects other residents of the neighborhood; Diminishes the value of neighboring property; and is injurious to public health, safety, or welfare of neighboring residents; or obstructs the reasonable use of other property in the neighborhood; A property where the tenant, owner, or other occupant has been convicted of violations of § 10-201 or § 10-202 of the Criminal Law Article for conduct occurring on, in, or in relation to the property; or A property to which police or other law enforcement agencies have responded to complaints or calls for service three (3) or more times within any 30-day period. Owner Occupied means the host and legal owner of a residential dwelling unit who is present during the entire time of the short-term rental. Owner Occupied short-term rentals shall not be utilized by a short-term rental guest for more than 180 days per calendar year. Permanent resident means an individual who is domiciled in Prince George's County, Maryland, maintains a place of abode in Prince George's County for 180 or more days during the year and is the individual who owns the property and obtains the homestead tax credit at that address. For purposes of this Subtitle, a host may have only one (1) permanent address, which is the address the host uses to obtain the homestead credit. Short-term rental means a residential dwelling unit occupied by a short-term rental guest, other than a permanent occupant, for fewer than 31 consecutive days and no more than 90 days per calendar year, where a host receives monetary compensation for such occupancy, if the owner is not present during the rental. A short-term rental may be occupied by a short-term rental guest for no more than 180 days per calendar year, if the host is present during the short-term rental. A short-term rental provider shall not combine time limits for short-term rentals. The maximum allowable days for a short-term rental are 180 calendar days, provided all requirements are met for that time frame. A short-term rental is a tourist home that is an accessory use to a dwelling, but does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house. Short-term rental guest means a transient who occupies, or has the right to occupy, a lawfully licensed short-term rental for a period of 30 days or less during any one continuous stay. This does not include a hotel, motel, inn, boarding house, group residential facility, fraternity or sorority house. Short-term rental provider means a licensed host who lawfully offers for rent a short-term residential rental and does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house.

Except as provide in 5-175(b), a short-term rental license shall be obtained prior to operation and the short-term licensee shall comply with all applicable license requirements pursuant to this Division and the Prince George's County Code. A person who has filed a complete application with the Department for a short-term rental license may operate a short-term rental for no more than 90 calendar days while the application is being assessed and evaluated by the Department. A person who has filed a complete application with the Department shall follow all of the requirements of a short-term rental provider during the 90-day operation of the short-term rental. The Department shall provide a 90-calendar day certificate upon determining that the property is the applicant's primary residence. The certificate shall state the start and end date of the 90 calendar days and there is a pending application for a short-term rental license. The issuance of a certificate while an application is pending does not guarantee that an applicant will be approved for a short-term rental license. If an applicant has been previously denied a license or his or her license has been suspended or revoked, the Department shall not issue a certificate for the 90-calendar day operation of a short-term rental. The provisions of this 5-175(b) may not be used to circumvent the provisions and intent of this Division. No person shall advertise or host a short-term rental unless the person maintains a short-term rental license for the specific address issued by the Department, or pursuant to Section 5-175(b) there is a complete and a filed application is being assessed during the 90-calendar day period. The maximum allowable days are 180 calendar days. A short-term rental licensee or applicant with a certificate from the Department shall not combine days to exceed beyond the maximum 180 calendar days. All applicable time frames shall be followed as outlined in this Division. An owner-occupied short-term rental shall not combine the 180 calendar days with any other days or time frames for short-term rentals. A short-term rental that is not occupied by the owner shall not combine days with any other time frames to exceed the maximum allowable days. A person who has filed a complete application with the Department and has been issued a certificate shall not combine days to exceed beyond the maximum allowable days. Every day that the person who has filed a complete application with the Department and received a certificate, rents his or her short-term rental, it is counted towards the maximum allowable days. Short-term rental licenses shall only be issued to hosts that utilize platforms licensed by Prince George's County, Maryland. There shall be a completed application filed with the Department. Once the completed application has been filed, the Department will assess the application for compliance with all of the requirements for a short-term rental license. After the assessment of the application, the Department may approve the application and issue a short-term rental license. The Department will maintain a database for all short-term rental licensees, which will include, but is not limited to emergency contact information for the licensed host and the person designated as the emergency contact. Prince George's County Government and Municipal Officials will have the ability to gain access to the host and emergency contact information in the short-term rental database. Notwithstanding Section 5-175(g), the Department shall maintain an on-line searchable public database of all licensed short-term rentals in the County. The database shall include physical address, council district, municipality, license number, and whether the property has outstanding Code violations.

The Department may issue an annual short-term rental license to an eligible applicant. Each short-term rental license expires annually on the anniversary of its issuance. Fraud, misrepresentation, false statement and inaccuracies in the application or supporting documents shall be grounds for immediate revocation or denial of the short-term rental license. All the requirements of this Subtitle shall be continuously maintained throughout the duration of the license. Failure to do so shall be grounds for immediate revocation or denial of the short-term rental license. Shall pay all applicable fees associated with the application and approval of the license, including the initial $150 licensing fee, thereafter there will be an annual fee of $150; The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees. An applicant for a short-term rental license shall: Shall obtain and attest to liability insurance of at least $1,000,000. May utilize a platform's liability insurance if the liability insurance is at least $1,000,000 and is approved by the Department. Attest and ensure that each short-term rental unit has a working smoke detector and carbon monoxide detector in every bedroom, sleeping area and on all habitable floors; Attest and ensure that each short-term rental unit has properly maintained, serviced, and charged fire extinguishers mounted in every bedroom, sleeping area and on all habitable floors in compliance with the Prince George's Fire Safety Code; Attest and ensure that each short-term rental has a posting of the Owner's emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes that is conspicuously placed on the interior portion of the main entrance and in each room where there are sleeping quarters in the short-term rental; Provide a picture to the Department as proof of the conspicuously placed posting of the emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes; Attest and ensure the short-term rental is in compliance with all applicable laws and codes including but not limited to Subtitle 4 of the Prince George's County Code, all applicable property maintenance, electrical, plumbing and building codes; Attest and ensure that notification has been provided to homeowner associations, condominium associations, common ownership communities, cooperatives, and, where applicable, municipalities where the short-term rental is located; Attest and ensure compliance with the requirements of homeowner associations, condominium associations, common ownership communities, and cooperatives where the short-term rental is located; Attest and ensure that the short-term rental has provided at least one (1) off street parking space for every three (3) overnight guests; Attest to the host's intent to apply for the short-term rental license has been provided to the following neighbors and/or individuals in the adjacent homes including but limited to: The neighbors that are to the immediate left, of the short-term rental property; The neighbors that are to the immediate right, of the short-term rental property; The neighbors that are in front of the short-term rental property; The neighbors that are behind the short-term rental property; The Department shall provide the approved notification letter for short-term license applicants; Attest and ensure that the short-term rental is the permanent residence of the host; Attest and ensure the short-term rental has two (2) outdoor trash and one (1) recycling receptacles with tight fitting lids; Attest to ownership of the short-term rental property; Attest and ensure that the property has no outstanding taxes or liens and the property has no code violations; Attest and ensure that accurate and current contact information of the owner of the short-term rental is provided on the application; the contact information shall include the following: The host's primary physical mailing address; The host's cell phone number; The host's email address; Attest and ensure that accurate and current information of an individual that will serve as the emergency contact, other than the host, who resides within Prince George's County or within 25 miles if the emergency contact resides outside of Prince George's County. The emergency contact is responsible for responding to the short-term rental for any issues that require immediate attention. This information shall be provided on the application; the contact information shall include the following: The individual's primary physical mailing address; The individual's cell phone number; The individual's email address; Provide, within five (5) business days, updates to the contact information immediately or risk having the license revoked or denied; Provide a list of all the licensed platforms the applicant intends to utilize; Attest and ensure that the rules, as approved by the Department per Section 5-175.06(a) regarding short-term rental guests are posted on or by the main entrance used by the transients pursuant to Section 5-175.06 of this Division. The Department may require evidence of any of the above requirements in any form or manner it directs.

No license for a short-term rental shall be issued to a host until the application has been successfully and satisfactorily completed. All documentation shall be submitted and all requirements shall be adhered to prior to a determination being made about the issuance of a short-term license to the applicant. Each short-term rental license expires annually on the anniversary of its issuance. The host must apply to renew the license thirty (30) days before the current license expires. Upon approval of the renewal license, the host shall submit the applicable licensing fee. The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees. In addition to complying with all of the application requirements set forth in Section 5-175.01, the renewal applicant shall provide a copy of short-term rental guest log required by Sec. 5-175.03.

No one shall engage in the business of the short-term rentals without having obtained a license under this Division. A person who has filed a complete application with the Department for a short-term rental license may operate a short-term rental for no more than 90 calendar days while the application is being assessed and evaluated by the Department. A person who has filed a complete application with the Department shall follow all of the requirements of a short-term rental provider during the 90 day operation of the short-term rental as prescribed in this Division and section 5-175. No one shall utilize or list on a hosting platform without a short-term rental license, except as prescribed in section 5-175(b). Anyone issued a short-term rental license shall do the following: Shall collect and remit all applicable hotel taxes through the platform; Shall display conspicuously on interior of the short-term rental, the license with contact information of the licensed host, the Prince George's County, Maryland based emergency contact pursuant to Section 5-175.01(c)(19) and the contact information for the Department; Shall not rent the short-term rental for more than 30 consecutive days; Shall not rent the short-term rental more than 90 days per calendar year if the short-term rental is unoccupied by the owner; Shall not rent the short-term rental more than 180 days per calendar year if the short-term rental is owner occupied; Shall not combine allowable time frames to exceed the permissible calendar days for short-term rentals; Shall not permit more than a total of eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom; Shall not permit any other individuals to utilize the short-term rental other than registered short-term rental guests; Maintain a log of all short-term rental guests that have rented the short-term rental when applying to renew the short-term rental license that shall be provided when applying for renewal of the short-term license; The log shall contain the following information: The total number of short-term rental guests that stay in the short term rental for the calendar year beginning the first day of January of each year and ending the last day of December; The total number of short-term rental guests that stay during each individual rental; The dates the short-rental is rented by a short-term rental guest; The number of days and dates the short-term rental was owner occupied; and The total number of days and dates when the short-term rental was not owner occupied.

Short-term rental hosting platforms shall be registered with the Department. Platforms shall pay an annual licensing fee of $2,500 to lawfully operate in Prince George's County, Maryland. The fees are subject to change; any change to the annual $2,500 licensing fee shall be prescribed in the Table of Fees. Platforms shall require any short-term rental host to submit a copy of the host's rental license or 90 day pending application certificate to the platform, prior to the rental being listed on the platform. Platforms shall electronically provide the following data to the Department in the method prescribed by the Department on a monthly basis. The data shall be submitted to the Department on or before the last calendar day of the month and shall include data from the preceding month and preceding year. The required data is as follows: The total number of short-term rentals listed on the platform during the applicable reporting period; A complete listing of all Prince George's County properties listed in the platform for the current and upcoming reporting periods; The total number of nights that each listing on the platform was rented to transients during the applicable reporting period. Address of the Host site; Municipality; Amount paid by the Host; Department of Permitting, Inspections, and Enforcement Short-term rental license number; and Total taxes charged, including Special Tax area payments if applicable, and paid for each stay. All platforms shall remit all hotel taxes, including but not limited to those collected by the short-term rental provider or applicant, as outlined in this section and Subtitle 10 Division 8 of the Prince George's County Code and: Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. The payments shall be made to the Department of Finance Prince George's County, with approval of the governing body, may agree to an alternative method of tax collection with the Platform. However, if after the expiration of the term of the agreement, Prince George's County may require remittance of hotel taxes as outlined in Subtitle 10 Division 8 of the Prince George's County Code and Section 5-175.04(e)(1).

The Department shall: Promulgate rules and regulations that every properly licensed short-term rental shall display in the main entrance used by short-term rental guests; Enforce any violation under this Division; Maintain records on licensed short-term rentals and short-term rental platforms; Provide reports on short-term rentals at the request of the County Executive and County Council; Monitor short-term rentals for compliance with this Division, building code, zoning regulations and the Prince George's County Code; Investigate suspected violations of this Division by platform hosts; Issue any penalties, citations, and revocations consistent with the enforcement and penalty provisions of this Division. Provide an annual report on short-term rentals. The report shall include the following information for the prior calendar year: a summary of activities for short-term rentals, the number of licenses issued, suspended, revoked, complaints regarding short-term rentals, revenue raised from the short-term rental licenses, staffing assigned in part or in full to ensure compliance with this section and other relevant information. The report shall be submitted to the County Executive by February 1. The County Executive shall transmit the report to the County Council by March 15. The Department shall provide on a monthly basis to lawfully licensed platforms the following information: The license number for all lawfully registered hosts; The license number for all hosts who have an expired license; The license number for all hosts who have a suspended license; The license number of all hosts whose license has been revoked; The name of individuals who have applied for a short-term rental license but were denied; The certificate number for all the applicants that have filed a complete application and were issued a 90 day operation certificate.

It shall be unlawful for a platform to list a short-term rental or for any person engaged in the business of short-term rentals to list on any platform when the following occurs: Short-term rentals that rent, or offers to rent that unit or any portion thereof, by the hour or for any period of fewer than 24 consecutive hours; Short-term rentals that rent, or offers to rent that unit or any portion thereof, more than once within any consecutive 24-hour period measured from the commencement of one rental to the commencement of the next; Advertise an hourly rate or any rate for any short-term rental period of fewer than 24 consecutive hours; Short-term rentals that rents, offers to rent that unit or any portion thereof, for multiple bookings or rentals for the same or overlapping time periods; The platform short-term rental license is a privilege and not a right. A platform short-term rental license may be suspended or revoked at any time or not renewed based upon non-compliance with the requirements of this Division and the Prince George's County Code. A platform short-term rental license may be suspended or revoked due to a citation, corrective order, or violation notice citing violations of the Prince George's County Code. All enforcement actions and penalties are at the Director's discretion, based upon the requirements of this Division. If a platform collects a fee for booking services in connection with an unlicensed host, the platform shall be liable and subject to civil fines of $1,000 per violation. The civil fine may be imposed through either a violation notice or an administrative citation. If a platform collects a fee for booking services in connection with someone who does not have a 90-day certificate from the Department regarding a filed and complete application, the platform shall be liable and subject to civil fines of not less than $1,000 per violation. The civil fine may be imposed through either a violation notice or an administrative citation. An administrative citation or violation notice issued pursuant to this Division shall contain, at a minimum, all of the information required by Section 13-1125 of this Code and shall be served in accordance with the provisions of that Section.

The short-term rental license for a host is a privilege and not a right. A short-term rental license may be suspended or revoked at any time or not renewed based upon non-compliance with the requirements of this Division and the Prince George's County Code. A short-term rental license may be suspended or revoked due to a citation, corrective order, or violation notice citing violations of the Prince George's County Code, including but not limited to violations of the building, electrical, plumbing or zoning codes. The Department has the right to enter and inspect the short-term rental with reasonable notice to the host. Failure to provide timely access may serve as a basis to issue a violation notice or administrative citation, or to suspend or revoke a license. The Department may immediately issue a violation notice or administrative citation, or may suspend or revoke a short-term rental license if the operation of the short-term rental constitutes a nuisance as defined in Section 5-174 or because of any adverse effect to public health, safety, and the general welfare, including excessive noise, traffic, physical activity, public safety, or other good cause. The Department may immediately issue a violation notice or administrative citation or may suspend or revoke a license if under the Building Code a stop work or stop use order has been issued to the address. All enforcement actions and penalties are at the Director's discretion, based upon the requirements of this Division. If a short-term rental host license is suspended or revoked, Department shall notify in writing the host and all platforms on which the host currently lists. In addition to any other penalty provided by law, any individual who violates this Division shall be subject to a civil fine of not less than $1,000. The civil fine may be imposed through either a violation notice or an administrative citation. An administrative citation or violation notice issued pursuant to this Division shall contain, at a minimum, all of the information required by Section 13-1125 of this Code and shall be served in accordance with the provisions of that Section.

Any person aggrieved by an act or determination of the Director pursuant to this Division, including, but not limited to, the issuance of a violation notice or administrative citation, or the suspension or revocation of any license, may appeal such act or determination to the Administrative Hearing Unit established by Subtitle 13, Division 15 of this Code within ten (10) calendar days after receipt of notice of the act or determination of the Director. The Administrative Hearing Unit shall hold a hearing and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director. The Administrative Hearing Unit may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence. Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.

Any party aggrieved by a decision of the Administrative Hearing Unit pursuant to this Division may seek judicial review of by petition to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 Maryland Rules of Procedure.

Notwithstanding other provisions of the Prince George's County Code, short-term rental licensing requirements within Prince George's County, Maryland shall not restrict or apply when a buyer or seller of real property enters into a Settlement Occupancy Agreement and shall be exempt from the licensing requirements set forth in this Division.