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Commission on Landlord-Tenant Affairs

 

 

Role of the Commission on Landlord-Tenant Affairs

The Montgomery County Commission on Landlord-Tenant Affairs (“Commission” or COLTA) is a quasi-judicial body within the Department of Housing and Community Affairs, created by Chapter 29, Landlord-Tenant Relations, Section 29-9 of the Montgomery County Code (County Code). The Commission renders decisions regarding complaints filed with the Office of Landlord-Tenant Affairs that the Department’s Investigators are unable to resolve through conciliation. The Commission members act as administrative judges and have the power to hold hearings and issue Decisions and Orders that have the force of law. If a party to a hearing disagrees with a Commission decision, he or she may appeal it to the Circuit Court of Montgomery County, Maryland. Having a case heard before the Commission is generally quicker and less expensive than going through the District Court. Under Section 29-25 of the County Code, the Commission may also hear license revocation appeals.

Commission Membership

The Commission is comprised of 15 members:

  • Four members who are tenants or who represent tenant organizations,
  • Four members who are landlords or who represent landlord organizations,
  • Four members of the public who are neither tenants nor landlords, and
  • Three alternates, one in each category. 

Commissioners serve three-year terms and may serve a maximum of two terms or 7.5 years if they fulfill another Commissioner’s incomplete term. They do not receive compensation. They meet the first Tuesday evening of every month to determine the disposition of complaints. Hearing dates are scheduled as needed.

The Program Administrator for the Office of Landlord-Tenant Affairs coordinates staff support to the Commission for the Department.

Commission vacancies are posted here: https://www2.montgomerycountymd.gov/BCCpublic/Default.aspx

Commission Authorities

After receiving a complaint from the Department’s Landlord-Tenant staff, the Commission is authorized by Chapter 29 of the Montgomery County Code to take one of three actions:

  1. decide there is no violation of law, in which case the Commission dismisses the complaint without conducting a hearing;
  2. decide there is sufficient evidence of a violation, and schedule a hearing to allow both sides to present their testimony and evidence under oath; or
  3. refer the case back to the Department’s Landlord-Tenant staff for further investigation.

Hearings are usually conducted by a panel of three Commissioners, one representative from each category: landlord, tenant, and public-at-large.  A Commissioner who has a potential conflict of interest with either party to a complaint is required to recuse himself or herself from the hearing and any other discussions regarding that complaint. Hearings are informal, and parties may represent themselves or be represented by an attorney, licensed in the State of Maryland. Landlords may not be represented by their management companies, and neither party may be represented by someone who is not a lawyer. If the landlord is a corporation or an LLC, it must be represented by an attorney. If a party does not speak or understand English, the party should bring an interpreter to the hearing to interpret for them.  If they are unable to provide an interpreter, the Office will provide one if given due notice, at least five days.

After hearing a case, the Commission issues a written Decision and Order.  The Commission has the authority to order any or all of the following if they find the landlord has violated a provision of Maryland or Montgomery County law or created a defective tenancy:

  1. Immediately terminate the lease;
  2. Return of all or part of a tenant’s security deposit along with, if warranted, a penalty up to three times the amount of the deposit wrongfully withheld;
  3. Return of all or part of any rent already paid to the landlord;
  4. Award up to $2,500.00 for damage or loss incurred by a tenant;
  5. Award a reasonable expenditure for temporary or substitute housing; and
  6. Award attorney’s fees up to $1,000.00, after a retaliatory or illegal eviction.

The Commission can order any or all of the following if they find the tenant has violated a provision of State or County law or created a defective tenancy:

  1. Immediately terminate the lease and possession of the rental property under Maryland law; and,
  2. Award up to $2,500.00 for damage or loss incurred by a landlord.

A Decision and Order is legally binding. If any party fails to adhere to the provisions of the Decision and Order, the County will take enforcement action. If either party disagrees with a Decision and Order, the Decision and Order may be appealed to the Circuit Court for Montgomery County. If the Decision and Order contains a monetary award, and the appellant wants to stop enforcement, he or she must post a bond with the Circuit Court in the amount of the award.

The Commission’s Decisions and Orders have addressed a variety of Landlord-Tenant issues, including security deposits, utility conversion, breach of lease, license revocation and habitability. Reviewing the Commission’s Decisions and Orders can provide insight into how they interpret the law given certain fact atterns. To access the Commission’s Decisions and Orders, click here.

When and Where the Commission Meets