CHAPTER 53A. TENANT DISPLACEMENT — REGULATIONS
1.1 (a) Giving of notice.
(1) An owner must give tenants 120 days’ written notice before converting the rental housing in which the tenants live. The notice of the owner’s intention to convert the rental housing must also include a notice to the tenants that relocation assistance is available.
(2) An owner must provide the Department of Housing and Community Affairs (“Department”) a copy of the notice of conversion, a list of all of the tenants, the address of each tenant, and proof that the notice was given to each tenant.
(b) Method of delivery. The notice will be considered to have been given to each tenant if mailed, first class, postage prepaid, to the tenant’s last known address. When mailed, the owner must obtain a certificate of mailing from the United States Postal Service. For purposes of these notice requirements, the third day after the postmark date is the date of delivery. In addition, the notice must be posted in the public areas of the rental housing.
(c) Termination of lease by tenant. After receiving a notice of conversion, a tenant may terminate a lease without penalty by giving the owner at least 30 days’ written notice.
(d) The owner must pay relocation assistance equal to twice the monthly rent that the tenant was paying at the time of the notice. Payment must be made to the tenant not more than ten days after the owner receives a tenant’s notice of termination under Section 1.1(c) if the tenant:
(1) agrees to move out of the rental housing within 180 days after the tenant receives the notice of conversion; and
(2) is current with rent at the time that the relocation is due to the tenant.
(e) Payment of this relocation assistance does not relieve the tenant of his/her obligation to make any rent payment that comes due for the period of time he/she continues to occupy the rental housing.
1.2 Form of notice. The following language must be in a conspicuous location on the notice:
NOTICE — PURSUANT TO CHAPTER 53A OF THE MONTGOMERY COUNTY CODE AND EXECUTIVE REGULATIONS ENFORCING CHAPTER 53A, YOU ARE ELIGIBLE FOR RELOCATION ASSISTANCE FROM THE OWNER OF {INSERT NAME OF THE RENTAL HOUSING}.
You are entitled to a payment by the owner in an amount equal to two months’ rent if:
(a) you agree to move out of your rental housing within 180 days after you receive this notice; and
(b) you are current with rent at the time the relocation assistance is paid to you.
To receive the relocation assistance, give your landlord at least 30 days’ written notice that you intend to terminate your lease and provide the landlord with the date that you will leave your rental housing. The date that you vacate your rental housing must be no later than 180 days from your receipt of this notice.
The landlord must pay you the relocation assistance within ten days of receiving your notice to terminate the lease if you are current on your rent. You must continue to pay rent to the landlord from the time you receive this notice until the time that you vacate the rental housing.
For more information, please refer to the Montgomery County regulations attached to this notice.
1.3 The owner must issue the payment directly to a tenant unless the owner notifies the Department in writing that the tenant is not current with rent. The notice to the Department must include the tenant’s name, address and rental account information and a copy must also be forwarded to the tenant at the tenant’s last known address.
1.4 Any dispute concerning the payment or non-payment of relocation assistance to a tenant must first be referred to the Department. After an investigation, the Department will determine the amount of the relocation payment that is to be paid. The Department’s determination is binding on the tenant and the owner.
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