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(a) If any affected tenant has reason to believe that a defective tenancy exists, has given the landlord notice of the tenant's complaint alleging a defective tenancy, and the landlord does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the affected tenant may file with the Director a complaint in writing. The complaint must state the name and address of the landlord, the premises in question, and the particulars of the alleged defective tenancy.
(b) If any prospective tenant believes that a landlord has violated Sections 29-27 or 29-28, the prospective tenant may file a written complaint with the Director stating the name and address of the landlord, the premises in question, and the details of the alleged violation. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984 L.M.C., ch. 30, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor’s note—Section 29-36 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-36, formerly § 29-31, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
If any landlord has reason to believe that a tenant has created or permitted the existence of a defective tenancy, has given the tenant notice of the landlord's complaint alleging a defective tenancy, and the tenant does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the landlord may file with the Director a complaint in writing. The complaint must state the name and address of the tenant and the particulars of the alleged defective tenancy. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984 L.M.C., ch. 30, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor’s note—Section 29-37 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-37, formerly § 29-32, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) The Department must refer any complaints that allege in substance any violation of Chapter 8, Chapter 22, Chapter 26, Chapter 59, or any other law enforced by any other County department, agency, or office to the appropriate department, agency, or office. The other department, agency, or office must keep the Department informed of any action taken.
(b) If the complaint contains allegations that fall jointly within the jurisdiction of 2 or more County departments, agencies, or offices and the allegations are nonseverable, the Department must investigate the complaint with the assistance of the other department, agency, or office. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1980 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 30, § 2; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-38, formerly § 29-33, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.
(a) After the filing of any complaint, the Director must investigate whether there are reasonable grounds to believe that the allegation is true and decide whether a violation of this Chapter has occurred or a defective tenancy exists.
(b) If at any time after a complaint is filed, the Director believes the health, safety, welfare, or well being of a tenant is placed in immediate danger, the Director may take immediate action to provide appropriate relief, including notifying the chair or vice-chair of the Commission who must decide whether an emergency meeting of the Commission is necessary. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984L.M.C., ch. 30, § 2.)
Editor’s note—Section 29-39 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-39, formerly § 29-34, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. Former Section 29-39 was reserved by 1978 L.M.C., ch. 11, § 2.
If the Director, after investigating a complaint, finds no reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must so inform the Commission. The Commission may, in its discretion, dismiss the complaint or order further investigation. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-40, formerly § 29-35, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) If the Director, after investigating a complaint, finds reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must attempt to conciliate the matter by initial conference and persuasion with all interested parties and their representatives.
(b) The initial conciliation conferences must be informal and confidential, and nothing said or done during the initial conferences may prejudice the rights of any party. The initial conciliation conference must occur within 30 days after the complaint is filed unless the Director finds good cause for delaying it.
(c) The Director's obligation to conciliate a complaint under this Section is satisfied if either party does not appear at a scheduled conference after receiving at least 10 days' notice. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984 L.M.C., ch. 30, § 2; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-41 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007) and in Hyder v. Montgomery County, 160 Md. App. 482, 864 A.2d 279 (2004).
Section 29-41, formerly § 29-36, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) If a complaint is conciliated, the terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties. The agreement must be for conciliation purposes only and is not an admission by any party that a violation of this Chapter has occurred or a defective tenancy exists. Consent agreements must be signed on behalf of the Director.
(b) It is a violation of this Chapter to fail to adhere to any provision of a consent agreement. Any failure by the Commission to enforce a violation of any consent agreement does not waive any rights contained in the agreement of the nonviolating party or the Commission. (1972 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-42 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-42, formerly § 29-37, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
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