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FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Chapter 41A. Rental Assistance. [Note]
Article I. Rental Assistance Program.
§ 41A-1. Purpose of the Rental Assistance Program.
§ 41A-2. Definitions.
§ 41A-3. Eligibility for Rental Assistance Program benefits.
§ 41A-4. Application for benefits.
§ 41A-5. Rental assistance benefits.
§§ 41A-6 -- 41A-8. Reserved.
Article II. Handicapped Rental Assistance.
§ 41A-9. Purpose of rental assistance program for the handicapped.
§ 41A-10. Definitions.
§ 41A-11. Eligibility for handicapped rental assistance.
§ 41A-12. Application for handicapped rental assistance.
§ 41A-13. Amount of handicapped rental assistance.
Article III. General Provisions.
§ 41A-14. Regulations.
§ 41A-15. Report; annual review of benefit levels.
§ 41A-16. Waivers.
§ 41A-17. Appeals.
§ 41A-18 -- 41A-19. Reserved.
§ 41A-20. Penalties.

 

Notes

[Note]
Editor's note—2000 L.M.C., ch. 3, § 1, repealed former §§ 41A-14—41A-19 and renumbered §§ 41A-20—41A-23 as §§ 41A-14—41A-17, respectively, renumbered § 41A-24 as § 41A-20, and renumbered Article IV as Article III. 1993 L.M.C., ch. 1, § 1, amended the chapter to read as set out in §§ 41A-1—41A-24. In cases where the subject matter remains the same but the section number changes, a note giving the former section number has been included. 1985 L.M.C., ch. 50, § 1, repealed former ch. 41A, §§ 41A-1—41A-12; and § 2 enacted a new ch. 41A, §§ 41A-1—41A-15. The chapter was formerly derived from the following: 1979 L.M.C., ch. 2, § 3; 1980 L.M.C., ch. 7, § 1; 1981 L.M.C., ch. 25, § 1; 1983 L.M.C., ch. 22, § 48; 1983 L.M.C., ch. 35, § 1; 1983 L.M.C., ch. 52, § 1; 1984 L.M.C., ch. 19, § 1; 1984 L.M.C., ch. 24, § 44; 1984 L.M.C., ch. 27, § 28; and 1984 L.M.C., ch. 30, § 3.
Cross references-Landlord-tenant relations, ch. 29; public welfare, ch. 37.
Article I. Rental Assistance Program.
Sec. 41A-1. Purpose of the Rental Assistance Program.
   The purpose of this Article is to establish a Rental Assistance Program in the Department of Health and Human Services to assist eligible persons or households to pay the rent on dwelling units that are appropriate to their needs. The Council intends that the Rental Assistance Program be periodically modified by regulations adopted by the County Executive to meet changes in the level of appropriated funding, the anticipated number of households eligible for benefits, the current average costs of rental housing, and the extent to which the available funding can provide a useful level of assistance to benefit recipients. (1985 L.M.C., ch. 50, § 2; CY 1991 L.M.C., ch. 16, § 1; 1993 L.M.C., ch. 1, § 1; 1995 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 3, § 1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
Sec. 41A-2. Definitions.
   In this Article, the following words have the meanings indicated:
   (a)   Applicant means a person, commonly the head-of-household, who applies for rental assistance on behalf of a household.
   (b)   (1)   Asset means any property or interest in property, including:
         (A)   cash;
         (B)   a time or demand deposit in a financial institution or money market fund;
         (C)   stock;
         (D)   a bond;
         (E)   a share in a mutual fund; or
         (F)   an interest in a trust; or
         (G)   real estate.
      (2)   Asset does not include:
         (A)   furniture and furnishings used in the rental unit;
         (B)   clothing; or
         (C)   one automobile for each member of the household who is a licensed driver.
   (c)    Department means the Department of Health and Human Services.
   (d)    Director means the Director of the Department of Health and Human Services or the Director's designee.
   (e)   Eligible Household means a household that meets the standards of eligibility adopted in regulations, and includes one or more of the following:
      (1)   a person with a documented disability and any others who live with the person under the same rental agreement;
      (2)   a person 55 years of age or older, and any others who live with the person under the same rental agreement; or
      (3)   a person who is a participant designated by the Director as eligible for participation.
   (f)   Eligible rental unit means a rental unit in the County:
      (1)   that conforms to the standards adopted in regulations;
      (2)   for which the household has a rental agreement; and
      (3)   that maintains all licenses and permits as required by Chapter 29.
   (g)   (1)   Gross income means the total household income from all sources, whether or not reported on a federal or state income tax return.
      (2)   Gross income does not include losses from business, rental, or capital transactions and certain third-party, educational, and restitution payments specified in regulations.
   (h)   Person with a documented disability means a person who:
      (1)   receives disability benefits under the Social Security Act or the Railroad Retirement Act, or from a federal, state, or local government disability retirement system; or
      (2)   has a physical, mental, or emotional impairment that substantially limits one or more major life activities of the individual as the Department determines after the individual submits a statement of condition of disability from the individual’s physician.
   (i)   Recipient means a person who is receiving benefits on behalf of a household under this Article. A recipient includes a person who reapplies for benefits before the end of that person’s eligibility period. Each recipient must be at least 18 years old, a resident of the County, reside at the application rental unit, and be a member of the household.
   (j)   Rental unit means a unit occupied by not more than one household, which includes:
      (1)   a detached or attached single family home or townhouse;
      (2)   an apartment in a multi-family facility;
      (3)   a condominium or cooperative unit in a multi-family facility;
      (4)   a rental mobile home in a licensed mobile home park, or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park; or
      (5)   a room or group of rooms in an attached or detached single family home or townhouse, apartment, condominium or cooperative. (1985 L.M.C., ch. 50, § 2; CY 1991 L.M.C., ch. 16, § 1.; 1993 L.M.C., ch. 1, § 1; 2000 L.M.C., ch. 3, § 1; 2002 L.M.C., ch. 20, § 1; 2020 L.M.C., ch. 23, §1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
   Note-Formerly, § 41A-1.
Sec. 41A-3. Eligibility for Rental Assistance Program benefits.
   (a)    A household is eligible to receive Rental Assistance Program benefits if the household meets the standards established in regulations. The standards of eligibility must consider, but are not limited to, the following elements:
      (1)   gross income limits for varying household sizes;
      (2)   the combined assets of the members of the household;
      (3)   appropriateness of the size of the rental unit for the number of persons in the household; and
      (4)   whether the actual rent paid exceeds a monthly rent limit for the size rental unit that has been set by regulation.
   (b)    Not more than one household in a rental unit may be approved for or receive benefits under this Chapter during any month. (1985 L.M.C., ch. 50, § 2; 1993 L.M.C., ch. 1, § 1; 2000 L.M.C., ch. 3, § 1; 2020 L.M.C., ch. 23, §1.)
   Note-Formerly, § 41A-2.
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