SS/ruling.pr         97-12              Contacts:   Chuck Thompson, 301-217-2600
                                         Elizabeth Davison, 301-217-3600
 CIRCUIT COURT UPHOLDS RULING OF
 COUNTY'S LANDLORD-TENANT
 COMMISSION ON BLAIR PARK CASES          For Immediate Release:  January 16, 1997
 
  
      A Montgomery County Circuit Court Judge this week upheld a decision by the
 County's Commission on Landlord-Tenant Affairs which ordered the owners of a troubled
 Silver Spring apartment complex to refund 141 days worth of rent money to five of its
 tenants.
      The ruling stems from a case involving owners and tenants of the Blair Park
 Apartments on Eastern Avenue, a facility which was cited by Montgomery County last year
 for more than 600 housing code violations, including plumbing and electrical problems,
 rodent infestation, and serious fire code violations.
      "This is an important ruling and one which we believe sends a strong signal to
 property managers and landlords who do not maintain safe and decent living conditions for
 their tenants," said Montgomery County Executive Douglas M. Duncan.  "We  want our
 residents to know that Montgomery County is committed to ensuring both the continued
 availability of quality housing and the fair treatment of everyone who lives in this
 community."
       On January 14, Circuit Court Judge Martha G. Kavanaugh rendered an opinion
 affirming the Decision and Order rendered in June, 1996 by the Montgomery County
 Commission on Landlord-Tenant Affairs on the matter.
      The commission's order awarded each of the five tenants with a refund of 141 days
 rent, plus attorney's fees, for a total of approximately $12,000.  The Commission on
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 RULING UPHELD ON BLAIR PARK CASE                            2-2-2
 
 
 Landlord-Tenant Affairs' order had been appealed by both the landlord and the tenants.
      In addition to the rent refund, Judge Kavanagh's decision also upholds the
 commission's ruling which ordered the landlord to reimburse the tenants $500 each for legal
 fees, and to cease and desist entering tenants' apartments without at least 24 hours prior notice
 to, and without objection from, the tenants.
      The Blair Park situation first surfaced after County housing officials performed a
 series of housing code inspections of the rental property, which is owned by the Blair Park
 Partnership.  Further investigation revealed fire code violations, as well as lease agreements
 which were not in compliance with State and County Laws.
      Montgomery County officials attempted to work with the property owners to bring the
 property into compliance but, at the time of the Landlord-Tenant Commission's hearing, the
 owners of the property had failed to correct the majority of the violations.  In its June 1996
 decision, the commission found "credible the testimony .that serious housing and fire safety
 code violations exist at the property, that those violations have existed for some time, and that
 the [owner] was aware of the violations."
      Montgomery County housing officials inspected this property as part of an overall
 code enforcement initiative in the Silver Spring and Takoma Park areas.  The purpose of  this
 effort has been to consistently enforce housing code and to bring older rental properties which
 have not been well maintained into compliance with State and County Laws.
      "Thus far, the results of this initiative have been quite heartening, in that many
 landlords have addressed -- in a very timely fashion -- conditions brought to their attention by
 our housing inspectors and landlord/tenant investigators," said Elizabeth Davison, Director of
 the County's Department of Housing and Community Affairs.  "However, when circumstances
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 RULING UPHELD ON BLAIR PARK CASE                            3-3-3
 
 
 warrant and landlords need additional time to bring these buildings into compliance, the
 County stands ready to work cooperatively with them so that the objectives of this initiative
 are fully realized."
      As part of this initiative, investigators are requesting copies of lease agreements and
 information regarding disposition of security deposits so that all concerns can be brought to
 landlord's attentions and corrective actions may be taken.
 
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