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(1) a newly constructed unit that has been offered for rent for less than 23 years;
(2) a unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses;
(3) a unit in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code if the primary purpose of the organization is to provide temporary shelter for qualified clients;
(4) an owner-occupied group house;
(5) a religious facility, including a church, synagogue, parsonage, rectory, convent, and parish home;
(6) a transient lodging facility subject to Chapter 54;
(7) a school dormitory;
(8) a licensed assisted living facility or nursing home;
(9) a building originally designed and constructed to contain only 2 dwelling units, one of which the owner currently occupies as a principal residence;
(10) an accessory dwelling unit;
(11) a unit subject to a regulatory agreement with a governmental agency that restricts occupancy of the unit to low and moderate income tenants;
(12) subject to Method (2) regulations issued by the Department, a unit located within a substantially renovated building if:
(A) the substantial renovation occurred within the prior 23 years; and
(B) the building is not in violation of Chapters 8, 26, or 29; and
(13) a rental unit owned by a landlord who:
(A) owns 2 or fewer rental units within the County; and
(B) is either:
(i) a natural person; or
(ii) the trust or estate of a decedent.
(b) Expiration of exemption. An exemption under subsection (a) expires when the conditions entitling the unit or facility to an exemption cease to exist. (2023 L.M.C., ch. 22
. § 1.)
(a) Regulations. The Director must issue Method (2) regulations regarding limitations on fee increases or new fees charged by the landlord to the tenant for a regulated rental unit.
(b) Fee schedule. At the discretion of the Director, a fee schedule may be included, as a part of the regulations. (2023 L.M.C., ch. 22
. § 1.)
(a) In accordance with the requirements under Section 29-51, a landlord must comply with and submit data to the Department regarding regulated rental units, rents, fees charged to tenants, and notices of rent increases.
(b) The annual rental housing survey data collected by the Department under Section 29-51 must be made available for the Council to review and determine the effectiveness and compliance with this Act. (2023 L.M.C., ch. 22. § 1.)
Editor’s note—Former Sections 29-56—29-65 were reserved by 2000 L.M.C., ch. 32, § 1.
Editor’s note—Former Sections 29-57 and 29-58 were deleted as they expired at 12:00 midnight on January 31, 1981, as provided in former section 29-54(c).
Editor’s note—The following 7 Sections, which comprised Division 3, Extraordinary Rent Increases, were repealed pursuant to 2000 L.M.C., ch. 32, § 1:
(1) Former Section 29-59, Application of division, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2; 1996 L.M.C., ch. 13, §1.
(2) Former Section 29-60, Complaints and investigations, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2; 1996 L.M.C., ch. 13, §1.
(3) Former Section 29-61, Rent escrow requirements, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2; 1996 L.M.C., ch. 13, §1.
(4) Former Section 29-62, Commission hearings, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2; 1996 L.M.C., ch. 13, § 1.
(5) Former Section 29-63, Commission authority to order rent rebates, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2.
(6) Former Section 29-64, Appeal to court, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2.
(7) Former Section 29-65, Rent adjustment standards, which was derived from 1979 L.M.C., ch. 56, § 10; 1980 L.M.C., ch. 53, § 2; 1996 L.M.C., ch. 13, §1.
Former Sections 29-59—29-65 [formerly Chapter 93A, which concerned rent control guidelines] are cited in Lawrence N. Brandt, Inc. v. Montgomery County Commission on Landlord-Tenant Affairs, 39 Md.App. 147, 383 A.2d 688 (1978).
In this article, the following words have the meanings indicated:
(1) Mobile home means a structure that is:
a. Intended for residential use;
b. Transportable in one (1) or more sections;
c. Eight (8) body feet or more in width and is thirty-two (32) body feet or more in length;
d. Built on a permanent chassis; and
e. Designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
(2) Mobile home does not mean a recreational vehicle as defined in section 59-A-2.1 of the Zoning Ordinance of this Code.
(3) Mobile home park or park means any plot of ground upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located, whether or not a charge is made for the accommodations.
(4) Mobile home space means a plot of ground within a mobile home park designed to accommodate one (1) mobile home.
(5) Owner means the owner of a mobile home park.
(6) Recreational vehicle means a vehicle that is:
a. Mounted on wheels for use on highways and streets;
b. Propelled or drawn on its own or other motor power;
c. Of a size or weight that does not require special highway movement permits when drawn by a motorized vehicle;
d. Primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use; and
e. Of a body width of no more than eight (8) feet and a body length of no more than thirty-two (32) feet when factory-equipped for the road. (1987 L.M.C., ch. 23, § 3.)
(a) Space in mobile home parks must be used exclusively for mobile homes. A person must not locate a recreational vehicle, tent, camper, or similar housing on a space in a mobile home park.
(b) A recreational vehicle, camper, or similar housing that is located on a mobile home space when this article takes effect may remain where it is located until:
(1) Its owner either sells or moves it; or
(2) The occupant at the time this law takes effect moves. At that time, subsection (a) applies. (1987 L.M.C., ch. 23, § 3.)
The owner must assure the following minimum requirements in the design and operation of the park:
(a) Drainage. The park must be properly graded to ensure adequate drainage and freedom from stagnant pools of water.
(b) Location and space requirements.
(1) The owner must locate a mobile home on a space in a manner that provides clearance of at least ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end between any other unit or any building.
(2) Every mobile home must be at least six (6) feet from any property line bounding the park. Where the mobile home space abuts another mobile home park, the owner may maintain existing setbacks.
(3) A mobile home that is located on a mobile home space when this article takes effect may remain in place on that space. However, if the owner of the mobile home sells or moves it, or the occupant at the time this article takes effect moves, the provisions of subsections (b)(1) and (2) apply.
(4) The owner of a park must not increase the number of mobile home spaces in the park above the number licensed when this article takes effect.
(c) Driveways and roads. All mobile home spaces must abut on a road or driveway that is at least twenty (20) feet wide and that has unobstructed access to a public road. All roads and driveways must be hard surfaced, well marked, and, at night, well lighted.
(d) Road signs. Every road must be clearly marked with the road name. All road and traffic signs must be clearly visible and readable at night.
(e) Electrical outlets. The owner must provide each mobile home space with an electrical outlet supplying adequate power of at least one hundred ten (110) volts. The department must approve each outlet. (1987 L.M.C., ch. 23, § 3.)
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