Agenda Item 12
October 21,2014
Public Hearing
MEMORANDUM
October 17,2014
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TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
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J
SUBJECT:
Public Hearing:
Bill 44-14, Landlord-Tenant Relations - Licensing of Rental
Housing - Common Ownership Community Fees
Bill 44-14, Landlord-Tenant Relations - Licensing of Rental Housing - Common
Ownership Community Fees, sponsored by Council Vice President Leventhal and
Councilmembers Floreen and Branson, was introduced on September 23, 2014. A Planning,
Housing and Economic Development Committee worksession will be scheduled at a later date.
Bill 44-14 would require an owner of a dwelling unit in a common ownership community
to certify payment of common ownership community fees in order to receive a rental housing
license for the unit.
It
would also authorize the Director of Housing and Community Affairs to
deny, suspend, revoke, or refuse to renew a rental housing license for a dwelling unit in a
common ownership community if the owner fails to pay the common ownership community fees
due for the unit. Although the Bill would not replace the need for a common ownership
community to use the Courts to collect unpaid fees, the Bill would add an additional tool to
encourage a unit owner to pay these fees.
This packet contains:
Bi1l44-14
Legislative Request Report
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Bill No.
44-14
Concerning: Landlord-Tenant Relations
- Licensing of Rental Housing ­
Common Ownership Community
Fees
Revised: August 25, 2014 Draft No.
Introduced:
September 23,2014
Expires:
March 23, 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sun~tDare:
__
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Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Vice President Leventhal and Councilmember Floreen
AN
ACT
to:
(1)
require an owner of a dwelling unit in a common ownership community to certify
payment of common ownership community fees in order to receive a rental housing
license for the unit;
authorize the Director of Housing and Community Affairs to deny, suspend, revoke,
or refuse to renew a rental housing license for a dwelling unit in a common
ownership community if the owner fails to pay the common ownership community
fees due for the unit; and
generally amend the laws governing the licensing of rental housing.
(2)
(3)
By amending
Montgomery County Code
Chapter 29, Landlord-Tenant Relations
Sections 29-1 and 29-19
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsTI
."
."
."
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County. Maryland approves thefollowing Act:
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BILL
No.
44-14
1
Sec. 1. Sections 29-1 and 29-19 are amended as follows:
29-1. Definitions.
In this Chapter, the following words and phrases have the following
meanings:
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Common ownership community:
(a)
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*
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a development subject to a declaration enforced by a homeowners'
association, as those terms are used in State law;
(b) a condominium, as that term is used in State law; and
(c)
a cooperative housing project, as that term is used in State law.
Common ownership community .tees
means fees charged
Qy
the entity
authorized to impose
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fee on the owner or occupant of
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housing unit in
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common ownership community for services or the benefit of common areas in
the community.
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29-19. Licensing procedures.
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(a)
To obtain a rental housing license, the prospective operator must apply
on a form furnished by the Director and must pay the required fee. If the
Director notifies the applicant of any violation of law within 30 days,
the Director may issue a temporary license for a period of time the
Director fmds necessary to achieve compliance with all applicable laws.
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(e)
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Common ownership communityfees.
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The Director must not issue or renew
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rental housing license for
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dwelling unit in
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common ownership community unless the
owner certifies that the common ownership community fees for
the dwelling unit are no more than 30 days past due.
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BILL
No. 44-14
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ill
The
Director may deny, suspend, revoke, or refuse to renew
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housing rental license for
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dwelling unit in
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common ownership
community if the governing body of
common ownership
community submits proof ofan unsatisfied fmal judgment against
the owner for unpaid common ownership community fees for the
dwelling unit.
ill
Each licensee must give the Department a current address for the receipt
of mail. If the Department sends first class or certified mail to the
licensee at the designated address and the mail is returned as
undeliverable, the Department may treat the mail as having been
received.
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Approved:
Craig
L.
Rice, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
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rental housing - common ownership community
fees\bill
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LEGISLATIVE REQUEST REPORT
Bill 44-14
Landlord-Tenant Relations
-
Licensing ofRental Housing
-
Common Ownership Community Fees
DESCRIPTION:
Bill 44-14 would require an owner of a dwelling unit in a common
ownership community to certify payment of common ownership
community fees in order to receive a rental housing license for the
It
would also authorize the Director of Housing and
unit.
Community Affairs to deny, suspend, revoke, or refuse to renew a
rental housing license for a dwelling unit in a common ownership
community if the owner fails to pay the common ownership
community fees due for the unit.
Common ownership communities are having problems collecting
association dues from dwelling unit owners who rent their unit.
The goal is to increase the payment of association dues to common
ownership communities.
Consumer Protection, CCOC, Housing and Community Affairs
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Loss of rental license.
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