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(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.
If the Director (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an informal conciliation agreement or formal consent agreement, or (3) finds that a complaint is not susceptible of conciliation, the Director must notify the Commission immediately. The Commission may thereafter schedule a hearing to decide whether a violation of this Chapter has occurred or a defective tenancy exists. (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 29-43 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-43, formerly § 29-38, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
(a) When a hearing before the Commission or a Commission panel deals with a controversy arising under this Article, the Commission must serve on the person against whom a complaint has been filed (the "respondent") a summons describing the nature and specifics of the complaint, the provision of law allegedly violated, a concise factual statement of the acts alleged to constitute a defective tenancy, and the relief sought. The Commission must serve on all interested parties a notice of the time and place of hearing. The respondent or an authorized representative may file a statement with the Commission before the hearing.
(b) The hearing must be open to the public. However, either party may request, in writing, a private hearing that may be granted at the discretion of the Commission. The Commission may subpoena all witnesses it deems necessary. The hearing must be held not less than 30 days after service of the statement of charges and summons.
(c) Any summons must be signed by the chair of the Commission or the panel and must require the attendance of named persons and the production of relevant documents and records. Failure to comply with a summons is a violation of this Chapter.
(d) The parties may present testimony and evidence under oath, or by affirmation. The Commission must keep a full record of the hearing. The record, if the hearing is public, must be open to inspection by any person. On request by any party to the proceeding, the Commission must furnish that party a copy of the hearing record, if any, and the charges to meet costs.
(e) The Commission may, on its own motion, after notifying all parties, extend the time for any hearing and the issuance of any findings, opinions, and orders. (1972 L.M.C., ch. 27, § 1; 1979 L.M.C., ch. 5, § 4; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-44 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).
See County Attorney Opinion dated 12/21/00-A explaining that parties may not have a non-lawyer represent them during a hearing before the Commission on Landlord-Tenant Affairs.
Section 29-44, formerly § 29-40, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.
If, at any time after a complaint has been filed, the Commission believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Commission may refer the matter to the County Attorney to bring any action necessary to preserve the status quo or to prevent such irreparable harm, including temporary restraining orders and preliminary injunctions. (1972 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-45 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
Section 29-45, formerly § 29-41, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
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