(a) To obtain a rental housing license, the prospective operator must apply on a form furnished by the Director and must pay the required fee. If the Director notifies the applicant of any violation of law within 30 days, the Director may issue a temporary license for a period of time the Director finds necessary to achieve compliance with all applicable laws.
(b) Accessory dwelling unit rental license.
(1) An owner of a lot or parcel in a zone that permits accessory dwelling units must obtain a license to operate an accessory dwelling unit to live in or to rent if:
(A) the owner places a sign provided by the Director on the lot of the proposed accessory dwelling unit within 5 days after the Director accepts an application license. The sign must identify any requested waivers under Section 29-26(b). The sign provided by the Director must remain in place on the lot for a period of time and in a location determined by the Director.
(B) the principal dwelling or accessory dwelling unit is the primary residence of the applicant for an accessory dwelling unit rental license. Evidence of primary residence includes:
(i) the owner’s most recent Maryland income tax return;
(ii) the owner’s current Maryland driver’s license; or
(iii) the owner’s real estate tax bill for the address of the proposed accessory dwelling unit;
(C) the applicant certifies to the Director that an accessory dwelling unit is not prohibited by any common ownership community governing documents and any common ownership community fees for the dwelling unit are no more than 30 days past due; and
(D) the Director finds that:
(i) the accessory dwelling unit satisfies the standards for an accessory dwelling unit in Section 59.3.3.3 and if needed, a Hearing Examiner granted a waiver under Section 29-26; or
(ii) the accessory dwelling unit was approved under Article 59-G as a special exception under the Zoning Ordinance applicable before October 30, 2014 or under 2014 Zoning Ordinance § 59.3.3.3 as a conditional use.
(2) Upon receipt of an application for an accessory dwelling unit license, the Director must:
(A) send a copy of the application to the Office of Zoning and Administrative Hearings and the governing body for any applicable common ownership community, within 5 days after the date the application was accepted by the Director;
(B) inspect the lot or parcel identified in the application and the proposed accessory dwelling unit;
(C) complete a report on any repairs or improvements needed to approve the application;
(D) issue a report on all required findings within 30 days after the date the application was accepted by the Director;
(E) post a copy of the Director’s report on findings on the internet web site identified on the applicant’s sign; and
(F) issue or deny a new license 30 days after the issuance of the Director’s report unless:
(i) a timely objection is filed under Section 29-26; or
(ii) improvements to the property are required before the license may be approved.
(3) The Director may renew a license for an accessory dwelling unit at the request of the applicant if:
(A) the applicant:
(i) attests that the number of occupants will not exceed the requirements of Section 26-5 and there will be no more than 2 residents in the dwelling unit who are older than 18 years;
(ii) attests that one of the dwelling units on the lot or parcel will be the primary residence of the owner; and
(iii) acknowledges that by obtaining a license the applicant gives the Director the right to inspect the lot or parcel including the accessory dwelling unit.
(4) The Director may renew a Class 1 license for an accessory dwelling unit that was approved as a special exception, as a Class 1 license if the conditions of the special exception remain in effect and the applicant is in compliance with those conditions.
(5) The Director may transfer an accessory dwelling unit license to a new owner of a licensed dwelling unit if the new owner applies for the transfer. The conditions and fees for any transfer are the same as the conditions and fees for a license renewal.
(6) The Director must maintain a public list and map showing each Class 3 license and each accessory dwelling unit with a Class 1 license.
(c) Where a rental building has not been completely constructed or renovated, the Director may issue a temporary license for that part of the building that has been completely constructed or renovated if the landlord has:
(1) obtained a temporary certificate of occupancy under Chapter 8; and
(2) complied with all other applicable laws.
However, the temporary license expires when a license to operate the entire building is issued.
(d) The Director must not issue a rental housing license for a personal living quarters building unless the applicant has submitted a satisfactory management plan. The plan must specify who will manage the building and explain what the manager will do to achieve acceptable levels of safety, sanitation, and security in the building's common areas.
(e) Common ownership community fees.
(1) The Director must not issue or renew a rental housing license for a dwelling unit in a common ownership community unless the owner certifies that the common ownership community fees for the dwelling unit are no more than 30 days past due. If a common ownership community decides to charge a fee to certify that the common ownership fees for a dwelling unit have been paid, the fee must be no more than $25.
(2) The Director may deny, suspend, revoke, or refuse to renew a housing rental license for a dwelling unit in a common ownership community if the governing body of a common ownership community submits proof of unpaid common ownership community fees for the dwelling unit through:
(A) a recorded statement of lien obtained under the Maryland Contract Lien Act; or
(B) an unsatisfied judgment against the owner.
(f) Each licensee must give the Department a current address for the receipt of mail. If the Department sends first class or certified mail to the licensee at the designated address and the mail is returned as undeliverable, the Department may treat the mail as having been received. (1972 L.M.C., ch. 27, § 1; 1973 L.M.C., ch. 14, § 2; 1978 L.M.C., ch. 11, § 2; 1980 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 23, § 4; 1996 L.M.C., ch. 13, § 1; 1997 L.M.C., ch. 1, § 1; 2000 L.M.C., ch 32, § 1; 2013 L.M.C., ch. 2, § 1; 2015 L.M.C., ch. 10, § 1; 2018 L.M.C., ch. 3, §1; 2018 L.M.C., ch. 28, §1; 2019 L.M.C., ch. 23, §1; 2019 L.M.C., ch. 18, §1.)
Editor's note—Section 29-19, formerly § 29-18, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. 1984 L.M.C. ch. 23, § 4 added a new subsection (b) and the editor redesignate former subsection (b) as subsection (c).