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(a) The Commission may, in its discretion, appoint non-voting ex-officio members to assist in the performance of its duties.
(b) The chair of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out any function of the Commission. Any committee appointed must consist of not less than 3 members, and no more than 2 members of any committee may be from any group listed in Section 29-9(b)(2), (3), or (4). Committee actions are not the actions of the Commission and do not bind the Commission or its members.
(c) The chair of the Commission may appoint advisory committees of citizens and at least one Commission member who in the judgment of the chair will aid the Commission in carrying out this Chapter. Advisory committee actions are not the actions of the Commission and do not bind the Commission or its members. (1972 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-13, formerly § 29-14, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) When warranted by the size of the caseload or length of required hearings, the chair of the Commission may designate 3 members of the Commission, one of whom must be a tenant member, one of whom must be a landlord member and one of whom must be a public at large member, to sit as a panel to conduct a hearing on any complaint or appeal pending before the Commission. The chair must designate one panel member to serve as panel chair. Depending on the extent to which panels are used, the chair of the Commission must rotate panel membership among members of the Commission.
(b) If a Commission panel hears a matter, any panel member must not participate in the final decision if the member has not attended each session of the hearing. All official action by the panel must be taken by the vote of not less than 2 members of the panel. If a Commission member's term expires while the member serves on a hearing panel, that member may continue to participate in the panel until the panel has rendered a final decision.
(c) Except as otherwise provided in this Section, the provisions of this Chapter pertaining to the conduct of hearings before the Commission apply to hearings conducted by Commission panels.
(d) Decisions of a Commission panel are final and may be appealed to the Circuit Court as if they were decisions of the full Commission.
(e) If a Commission panel is unable to decide any complaint or appeal pending before it due to a tie vote resulting from the failure of any panel member to vote, the complaint or appeal must be referred to the entire Commission for the Commission's decision, based on the record established before the Commission panel, without further hearing. (1979 L.M.C., ch. 5, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor's note—In Kant v. Montgomery County, 139 Md. App. 157, 774 A.2d 1229 (2001), reversed and remanded, 365 Md. 269, 778 A.2d 384 (2001), the Court explained that, although Montg. Co. Code § 29-14A (currently § 29-14) does not provide appellate jurisdiction for an appeal to the Court of Special Appeals, Montg. Co. Code §§ 2A-2 and 2A-11 provide appellate jurisdiction.
Section 29-14, formerly § 29-14A, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
The Commission must, within 30 days following each quarter of the calendar year, report to the County Executive and County Council on the number of complaints filed during that quarter, and the nature and disposition of each complaint. This report must list all court cases arising under this Chapter. (1972 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 32, § 1.)
(a) The owner of a dwelling unit must obtain a rental housing license before operating the dwelling unit as rental housing. If the owner is a corporation, the corporation must be qualified to do business in Maryland under state law. Each owner must certify to the Department the name, address and telephone number of an agent who resides in Maryland and is qualified to accept service of process on behalf of the owner.
(b) The Director must issue three classes of rental housing licenses. Class 1 is a multifamily rental housing license. Class 2 is a single-family rental housing license. Class 3 is a single-family accessory apartment license.
(c) A Class 1 rental housing license is required for each apartment complex and personal living quarters building, and for each multifamily dwelling unit operated as rental housing. A Class 2 rental housing license is required for each single-family dwelling unit operated as rental housing. A Class 3 license is required for each single-family residence with an accessory apartment that does not have a special exception approved before May 20, 2013. (1972 L.M.C., ch. 27, § 1; 1973 L.M.C., ch. 14, § 2; 1978 L.M.C., ch. 16, § 1; 1978 L.M.C., ch. 43, § 1; 1980 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 30, § 2; 1992 L.M.C., ch. 24, § 1; 1996 L.M.C., ch. 13, § 1; 1997 L.M.C., ch. 1, § 1; 2000 L.M.C., ch. 1; 2000 L.M.C., ch. 32, § 1; 2005 L.M.C., ch. 2, § 1; 2013 L.M.C., ch. 2, § 1.)
Editor's note—2005 L.M.C., ch. 2, § 1, amending 2000 L.M.C., ch. 1, which amended 1997 L.M.C., ch. 1, § 3, states: "Limit on licenses. The Department of Housing and Community Affairs, acting under Section 29-16(c), as amended by Section 2 of this Act [1997 LMC, ch. 1], must not:
(a) issue a rental housing license for more than six personal living quarters buildings; or
(b) issue a rental housing license for more than one personal living quarters building in any policy area designated in the County Growth Policy.
The Department must issue an annual report not later than February 1 each year which must describe each personal living quarters building licensed during the previous year and may contain any other information about personal living quarters buildings that would assist the Council and Executive in deciding whether to allow further licensing of personal living quarters buildings beyond that allowed under this Section."
The Director must not issue a license to operate rental housing that is subject to Chapter 53A unless a notice is recorded in County land records that transfer of an interest in the rental housing is subject to Chapter 53A. (1990 L.M.C., ch. 34, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-17, formerly § 29-16A, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) Any person has committed a class A violation if the person:
(1) operates, attempts to operate, or permits the operation of rental housing that the person owns without first having obtained a rental housing license, or
(2) does not comply with a Commission order or summons.
If a person stops operating rental housing, no penalty will apply during the sixty-day period that tenants have to vacate the housing as specified in Section 29-25.
(b) In addition to any criminal or other penalty provided in this Chapter, the County Attorney may initiate an appropriate civil action to correct any violation of this Article under Section 29-8, and any court with jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate relief. (1972 L.M.C., ch. 27, § 1; 1973 L.M.C., ch. 14, § 2; 1984 L.M.C., ch. 23, § 3; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-18, formerly § 29-17, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
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