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(a) No landlord may make any changes in the landlord's leasing or business practices with respect to any dwelling unit subject to this Chapter to avoid compliance with any provision of this Chapter.
(b) A landlord must not evict or attempt to evict, or take any other retaliatory action against any tenant who exercises any rights conferred upon the tenant by this Chapter or any tenant who assists another tenant in exercising those rights. As used in this subsection, "other retaliatory action" includes any unreasonable rent increase, threat, coercion, harassment, or violation of privacy, and any reduction in the quality or level of services available to the tenant that is not authorized by this Chapter or state law. Evictions or attempted evictions prohibited by this subsection are "retaliatory evictions".
(c) A landlord must not actually or constructively evict or attempt to evict a tenant from, or deny a tenant access to, the dwelling unit occupied by the tenant without following the judicial process authorized in state law to obtain possession of the dwelling unit. (1978 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 56, § 11; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-32, formerly § 29-30B, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. Former Section 29-30B appeared in the 1978 Cumulative Supplement as section 29-59. This section was renumbered as sections 29-30B by 1979 L.M.C., ch. 56, § 11.
(a) Tenants have the right to self-organization; to form, join, meet, or assist one another within or without tenant organizations; to meet and confer through representatives of their own choosing with landlords; to engage in other concerted activities for the purpose of mutual aid and protection; and to refrain from any such activity.
(b) Tenants and tenant organizations have the right of free assembly in the meeting rooms and other areas suitable for meetings within rental housing during reasonable hours and upon reasonable notice to the landlord to conduct tenant organization meetings. A landlord must not charge a tenant organization or a group of tenants seeking to form a tenant organization a fee for the first meeting of each month held to discuss landlord- tenant issues, but the landlord may charge a reasonable fee for other uses of the meeting rooms or common areas. The charge must not exceed the regular schedule of fees for the facility to other groups. The landlord may also impose reasonable terms and conditions on the use of the meeting rooms or common areas if those terms and conditions do not undermine the purposes of this Section.
(c) Tenants and resident tenant organizations have the right to distribute freely and post in centrally located areas of rental housing literature concerning landlord-tenant issues if the origin of the literature is properly identified.
(d) Tenant organizations may file complaints under any provision of this Chapter in a representative capacity on behalf of those tenants who have authorized representation. Nothing in this Chapter permits any tenants' organization to represent exclusively any tenant or class of tenants unless specifically authorized to do so. (1978 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 56, § 11; 1980 L.M.C., ch. 18, § 1; 1981 L.M.C., ch. 34, § 1; 1982 L.M.C., ch. 3, § 1; 1984 L.M.C., ch. 30, § 2; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1; 2016 L.M.C., ch. 39, § 1.)
Editor's note—Section 29-33, formerly § 29-30C, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. Former Section 29-30C appeared in the 1978 Cumulative Supplement as section 29-60. This section was renumbered as section 20-30C by 1979 L.M.C., ch. 56, § 11. 1982 L.M.C., ch. 3, § 2, reads as follows: "Sec. 2. Retroactivity. The provisions of this Act shall be retroactive to apply to any and all notices of rent increase issued on or after May 8, 1981, provided, however, that a violation of this section shall not be subject to any criminal penalties."
(a) Any tenant subject to a reduction or elimination of service or equipment which the landlord is required to maintain and that the landlord provided when the tenancy began may file a complaint under this Chapter, alleging breach of the lease. The Commission, after completing the administrative process specified in Article V and finding such a breach, may award damages, order the landlord to reduce the rent in an amount commensurate with the actual cost savings accruable to the landlord as a result of reducing the service or equipment, or both.
(b) Any transfer or conversion of responsibility from the landlord to the tenant of any utility payments, including submetering and individual metering systems, must comply with the following process:
(1) A landlord must not transfer responsibility for utility payments to an existing tenant unless the affected tenant receives written notice of the transfer at least 2 months before the conversion takes effect. The date of receipt must not be counted as part of the 2-month period. Written notice may be delivered to the tenant by any reasonable means. However, a notice has not been delivered unless the notice was mailed via the United States Postal Service to the tenant's dwelling unit or a signed receipt is obtained from the tenant or the tenant's representative. If the tenant is notified by mail, the landlord must certify, by affidavit dated at the time of mailing, that the landlord has mailed the notice. The landlord must retain a copy of the affidavit in the landlord's records. For the purposes of these notice requirements, the day after the postmark date is the date of delivery if the notice was delivered to the proper person by the Postal Service. It is presumptive evidence in favor of the landlord that proper notice was given if these procedures are followed. There is a rebuttable presumption that proper notice was not delivered if these procedures are not followed.
(2) The notice of the utility conversion must be accompanied by an offer to reduce the affected tenant's rent in an amount commensurate with the actual utility consumption experienced by the landlord during the previous 24 months at the utility rate in effect at the time of the conversion. The offer of reduced rent must be based on the average actual utility consumption at the property, less common area utility expenses. The offer may also be based on reasonable factors such as unit size, unit location, and, at the discretion of the landlord, other unusual circumstances. The offer must be made in the form of a monthly reduction in rental rates effective on the date of the conversion.
(3) Any lease or renewal lease must disclose the landlords' intent, if any, to transfer or convert responsibility for utility payments to the tenant during the term of the lease. Failure to make this disclosure allows a tenant to terminate the lease. For the purpose of this Section, the term "intent" means that the landlord has entered into a contract to install submeters or individual meters or applied for electrical permits for their installation.
(4) The transfer of financial responsibility for utilities must take effect at the start of a rent payment cycle.
(5) After completing the notice procedures in subsection (b)(1), the landlord during normal business hours may enter the tenant's unit, after a two-day written notice and without reasonable objection from the tenant, to install metering, wiring, and other equipment necessary to the utility conversion. Access for all other purposes is governed by Section 29-27(p).
(6) Any submetering action must comply with regulations of the state Public Service Commission.
(c) Subsections (a) and (b) do not allow a landlord to reduce or eliminate any essential service or equipment required by law. Subsections (a) and (b) do not apply to temporary interruptions of service or equipment otherwise maintained by the landlord. In the case of temporary interruptions of service or equipment, the Commission may award the tenant actual damages, if any, that resulted from a breach of the lease or the negligence of the landlord. (1981 L.M.C., ch. 34, § 2; 1983 L.M.C., ch. 24, § 11; 1985 L.M.C., ch. 40, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-34, formerly § 29-30D, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. 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.
(a) Definitions. In this Section, the following words have the meanings indicated.
(1) Disabled means a physical or mental impairment that substantially limits one or more major life activities, or a person who has a record of such an impairment or is regarded as having such an impairment.
(2) Elderly means at least 60 years old.
(b) Prohibition. A landlord must not prevent or attempt to prevent an elderly or disabled tenant from keeping a household pet unless at the time occupancy begins the landlord gives the tenant a written lease that specifically prohibits the tenant from keeping a household pet.
(c) Liability. A tenant is liable for damage that the tenant's household pet does to the premises.
(d) Rules.
(1) A landlord may make reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health, comfort, and safety of other tenants and the property of the landlord.
(2) Even if a landlord has not prohibited household pets under subsection (b), a landlord may require a tenant to remove a household pet from the premises if:
(A) The landlord gives the tenant written warning of a violation of rules made under this subsection; and
(B) The tenant does not correct the violation within 7 days after the landlord gives the warning.
(3) The Executive may issue a regulation under method (3) to specify what are reasonable rules under this subsection. (1987 L.M.C., ch. 5, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-35, formerly § 29-30E, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.
(a) A landlord, the governing body of a common ownership community, or the owner or operator of a non-residential property that rents parking spaces for motor vehicles and bicycles must not charge rent or any other fee for parking a bicycle that exceeds the following fraction of any rent or fee charged for parking a motor vehicle:
(1) one-sixth, for a secure, fully enclosed bicycle locker; or
(2) one-tenth, for any other bicycle parking space.
(b) This Section does not require a landlord, a governing body, the owner or operator of a non-residential property, or any other person to charge rent or fees for bicycle parking. (2003 L.M.C., ch. 19, § 1; 2003 L.M.C., ch. 25, § 1.)
(a) Definitions. As used in this Section:
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 26-13.
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 26-13.
(b) Relocation payment required. Except as provided in subsection (f), a landlord must pay a relocation payment to a permanently or temporarily displaced tenant.
(c) Relocation amount.
(1) Permanently displaced tenants. For a permanently displaced tenant, the landlord must, within 72 hours of the posting of the condemnation:
(A) return to the permanently displaced tenant the tenant’s security deposit with required interest;
(B) pay to the permanently displaced tenant any pro rata rent for the remainder of the month; and
(C) pay to the permanently displaced tenant the greater of:
(i) 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
(ii) 3 months’ of the tenant’s rent under the lease at the time of relocation.
(2) Temporarily displaced tenants.
(A) For a temporarily displaced tenant, the landlord must, within 24 hours of the posting of the condemnation:
(i) 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
(ii) pay for the costs of the immediate relocation of the temporarily displaced tenant and the tenant’s belongings.
(B) 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.
(C) If the replacement housing provided under subsection (c)(2)(A) is not comparable, the landlord must pay an approved allowance determined by regulation.
(D) 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.
(3) Alternative payment.
(A) Notwithstanding the relocation payment required under this Section, a landlord and tenant may agree to an alternative arrangement if the alternative arrangement:
(i) is of equal benefit to the tenant; and
(ii) is evidenced by a written agreement between the tenant and the landlord that meets the criteria in subsection (c)(3)(B).
(B) A written agreement detailing the alternative arrangement must contain:
(i) the names of the current occupants of the condemned rental housing;
(ii) the address of the condemned rental housing;
(iii) a statement indicating the amount of the relocation payment to which the tenant is entitled under subsection (c)(1) or (c)(2);
(iv) a statement that the tenant has waived the right to the relocation payment;
(v) a description of the alternative arrangement; and
(vi) the address, if known, of the location to which the tenant plans to move.
(d) Proof of compliance. Within 5 days after the displaced tenant vacates the rental housing, a landlord must provide the Department with a copy of the check or money order provided to the displaced tenant and a receipt signed by the tenant.
(e) First right to reoccupy.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) A permanently displaced tenant may waive the right to reoccupy the rental housing at any time after displacement.
(f) Exception. A landlord is not required to provide a relocation payment or first right to reoccupy rental housing if the Director determines the rental housing is condemned due to events that are beyond the control of the landlord. (2020 L.M.C., ch. 1, §1.)
(a) Definition. For purposes of this section, an indoor mercury service regulator means equipment that:
(1) is installed and owned by a gas utility company to regulate the supply of natural gas to a structure;
(2) contains mercury; and
(3) is located inside a structure.
(b) Applicability.
(1) Except as provided in paragraph (2), this section applies to a landlord of a multifamily dwelling in a structure built before 1968.
(2) This section does not apply to a landlord of a dwelling unit in a common ownership community.
(c) Required landlord efforts. A landlord must make reasonable efforts to:
(1) take a photograph of any meter that could be an indoor gas service regulator located on any rental property leased by the landlord;
(2) provide a copy of the photograph to the gas utility company; and
(3) cooperate with the gas utility company to schedule the replacement of any indoor mercury service regulator.
(d) Notification.
(1) The landlord must notify the tenant in writing within 30 days after the gas utility company informs the landlord that the indoor mercury service regulator is replaced.
(2) The landlord must provide a copy of the notice to the Department.
(e) Enforcement.
(1) The Department must enforce this section under Section 29-8.
(2) A violation of this section is a Class A violation.
(f) Database. The Department must maintain data, in a searchable form available to the public, regarding notifications received by the Department under subsection (d). (2021 L.M.C., ch. 15, § 1.)
Editor’s note—2021 L.M.C., ch. 15, § 3, states: Sec. 3. Transition. A landlord must comply with the requirements of Section 1, 29-35C(c) of this Act within 90 days after the effective date of the Act.
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