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The County Council finds that there is often unequal bargaining power between landlords and tenants; that the common law principles under which leases are interpreted as grants of right of possession rather than mutual and dependent covenants evolved in an agricultural setting and are ill-suited to the modern residential setting of this urban county; that, in order to facilitate fair and equitable arrangements, foster the development of housing that will meet the minimum standards of the present day and promote the health, safety and welfare of the people, it is necessary and appropriate that the County appoint a commission and assign responsibilities to the Department to determine certain minimum rights and remedies, obligations and prohibitions, for landlords and tenants of certain kinds of residential property. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1980 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor’s note—Section 29-2 is quoted in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
(a) This Chapter must be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are:
(1) To simplify and clarify the law governing the rental of dwelling units.
(2) To encourage landlords and tenants to maintain and improve the quality of housing in this county.
(3) To assure fair and equitable relations between landlords and tenants.
(4) To revise and modernize the law of landlord and tenant to serve more realistically the needs of an urban society developing in the County. (1972 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor’s note—Section 29-3(b) is quoted in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
(a) Subject to State law, this Chapter regulates and determines the legal rights, remedies and obligations of the parties and beneficiaries of any rental agreement concerning any rental dwelling unit located in the County.
(b) Any provision in a rental agreement, whether written or oral, that conflicts with this chapter is unenforceable under Section 29-28. An unenforceable provision does not affect other provisions of the agreement that can be given effect without the unenforceable provision.
(c) Any dwelling unit occupied by a person who has an ownership interest in the unit or by a person who is a relative of the landlord is exempt from this Chapter. In this subsection, an ownership interest includes an interest owned by the landlord, the landlord's spouse or a minor child of either, jointly or severally, that exceeds in value 3 percent of the invested capital or capital stock of any business entity that owns or manages the dwelling unit. In this subsection, relative means:
(1) the landlord's siblings, parents, grandparents, children and grandchildren, and their spouses; and
(2) the landlord's spouse and the spouse's siblings, parents, grandparents, children and grandchildren, and their spouses.
(d) Limited equity cooperatives are not subject to this Chapter. (1972 L.M.C., ch. 27, § 1; 1983 L.M.C., ch. 24, § 2; 1984 L.M.C., ch. 23, § 2; 1985 L.M.C., ch. 31, § 19; 1985 L.M.C., ch. 40, § 1; 1992 L.M.C., ch. 24, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor’s note—Section 29-4 is quoted in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
1983 L.M.C., ch. 24, § 13, provides in part as follows: “The amendments to chapter 29 approved by this act shall be repealed and of no force or effect on or after March 8, 1985.” This sentence was deleted by 1985 L.M.C., ch. 40, § 1, thus giving the law permanent status.
Cross reference-Applicability of County legislation within municipal corporations, § 1-203.
(a) In selecting staff to carry out the responsibilities of the Department under this Chapter, the Director should consider the recommendations of the Commission. In proposing a budget to carry out this Chapter and in authorizing personnel and facilities, the County Executive should consider the recommendations of the Director and the Commission.
(b) The Department has jurisdiction over all complaints filed under this Chapter except as provided in Section 29-38.
(c) The Department has jurisdiction over all licenses granted, denied, revoked, suspended, or refused under this Chapter. In connection with this authority, each landlord must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or investigate any complaints filed under this Chapter. (1972 L.M.C., ch. 27, § 1; 1975 L.M.C., ch. 34, § 1; 1978 L.M.C., ch. 11, § 2; 1978 L.M.C., ch. 28, § 1; 1979 L.M.C., ch. 16, § 3; 1984 L.M.C., ch. 30, § 2; 1995 L.M.C., ch. 17, § 1; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—1995 L.M.C., ch. 17, § 2, reads as follows: "Sec. 2. Any regulation in effect on September 28, 1995, which refers to the Office of Common Ownership Communities, the Commission on Common Ownership Communities, the Office of Landlord-Tenant Affairs, or the Commission on Landlord-Tenant Affairs continues in effect, but any reference in any such regulation to the Department of Housing and Community Development or its Director must be treated as a reference to the Office of Consumer Affairs or its Director unless the context clearly indicates a contrary intent."
In addition to any other power, duty, or responsibility assigned in this Chapter, the Director has the following duties:
(a) The Director may initiate investigations and conciliations of any alleged or apparent violation of this Chapter. In connection with this authority, all landlords must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or resolve any complaints filed under it.
(b) The Director must encourage landlords to meet with bona fide tenant associations or organizations upon a good faith request by an association or organization.
(c) In addition to any other duties, the Director must assist the Commission in carrying out its duties and implementing Commission regulations adopted under Section 29-10.
(d) In the case of condominium and cooperative rental units, the Director must encourage complaining parties to contact the council of unit owners or its designated agent or the board of directors of the condominium or cooperative, when appropriate, to attempt to resolve the dispute before filing a complaint under Article V.
(e) The Director may issue a subpoena to compel a landlord or tenant to produce relevant documents, papers, books, records or other evidence when a complaint has been filed under this Chapter.
(f) The Director must publish and maintain on the County website a model lease, drafted in clear language understandable to persons without legal training. The Director must make the model lease available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director.
(g) The Director must publish and maintain on the County website, in a printable format, a Landlord-Tenant Handbook to serve as a practical guide for landlords and tenants summarizing their respective rights and responsibilities. The Director must make the Landlord-Tenant Handbook available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director. The Director must review the handbook at least biennially and revise it as necessary.
(h) The Director must report on rental housing inspections to the Executive and the Council, by September 1 of each year. The report must include:
(1) the address of each property inspected during the prior fiscal year;
(2) the address of each property that has been inspected or is scheduled to be inspected on an annual or triennial basis during the current fiscal year;
(3) for each property inspected:
(A) a summary of violations by:
(i) number found;
(ii) number corrected; and
(iii) type of violation; and
(B) the status of any incomplete inspections.
(4) for each property required to have a corrective action plan under Section 29-22 in the prior fiscal year or during the current fiscal year, a list of:
(A) violations found;
(B) violations corrected; and
(C) the status of the corrective action plan;
(5) the number of citations issued to each landlord during the prior and current fiscal years;
(6) the amount of fines collected from each landlord during the prior and current fiscal years; and
(7) the number of calls to the County concerning rental housing complaints, by language of the caller.
(i) The Director must provide advocacy services and assistance to tenants in relation to their rights under this Chapter. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1983 L.M.C., ch. 24, § 3; 1984 L.M.C., ch. 30, § 2; 1985 L.M.C., ch. 40, § 1; 1995 L.M.C., ch. 17, § 1; 2000 L.M.C., ch. 32, § 1; 2016 L.M.C., ch. 39, §1; 2017 L.M.C., ch. 12, §1; 2017 L.M.C., ch. 17, §1.)
Editor's note—1983 L.M.C., ch. 24, § 13, provides in part as follows: "The amendments to chapter 29 approved by this act shall be repealed and of no force or effect on or after March 8, 1985." This sentence was deleted by 1985 L.M.C., ch. 40, §1, thus giving the law permanent status.
The Commission, Department, and all County governmental agencies concerned with housing and real property must cooperate in the administration of this Chapter. The Commission and Department may, subject to the approval of the Chief Administrative Officer, use employees and facilities of other County departments in carrying out this Chapter, and these departments must make their resources available to the Commission and Department as approved by the Chief Administrative Officer. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1980 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1.)
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