PHED Item 3
August 1,2016
Worksession
3
Councilmembers should bring their packet from the June 27 PHED
Committee Worksession.
MEMORANDUM
July 28,2016
TO:
FROM:
SUBJECT:
Planning, Housing, and Economic Development Committee
Josh Hamlin, Legislative
Attome~
Worksession 3: Bill 19:-15, Landlord -Tenant Relations - Licensing of Rental
Housing - Landlord-Tenant Obligations
Expected Attendees:
Clarence Snuggs, Director, Department of Housing and Community Affairs
Stacy Spann, Executive Director, Housing Opportunities Commission
Robert Goldman, Executive Director, Montgomery Housing Partnership
David Hillman, Chief Executive Officer, Southern Management Corporation
Madiaw Diop, TenantIMontgomery Housing Partnership Board Member
Matt Losak, Executive Director, Montgomery County Renters Alliance
Bill 19-15, Landlord -Tenant Relations - Licensing of Rental Housing - Landlord-Tenant
Obligations, sponsored by Lead Sponsor Councilmember Eirich and Co-Sponsor Councilmember
Navarro, was introduced on April 21, 2015. A public hearing on the Bill was held on June 18,
2015 and Planning, Housing and Economic Development (PHED) Committee worksessions were
held on April 11, 2016 and June 27, 2016.
Bill 19-15, as introduced, would:
(I) provide for annual inspection of certain residential rental properties;
(2) require the use of a standard form lease and applicable optional provisions for certain
residential rental properties;
(3) require the publication of certain information related to rental housing;
 PDF to HTML - Convert PDF files to HTML files
(4) require the Department of Housing and Community Affairs to review certain rent
increases;
(5) provide for certain remedies to be awarded by the Commission on Landlord-Tenant
Affairs;
(6) provide certain rights to tenants facing rent increases; and
(7)
generally amend the law related to landlord-tenant relations.
Continuation of Discussion from June 27 PHED Committee Worksession
The PHED Committee has held worksessions on Bill 19-15 on April 11 and June 27. Both
worksessions included discussion ofspecific provisions ofthe Bill with a panel ofstakeholders. Based
on these discussions, the Committee reached tentative decisions on these provisions.
There are several remaining issues to be discussed with stakeholders. At this worksession, the
Committee will complete its discussion with panelists of these provisions, which are described
beginning on page 11 ofthe packet from the June 27 worksession.
1
Discussion will include provisions
related to the voluntary rent guidelines and the publication of information collected through the rental
housing survey. By email dated June 24 (which was not included in the June 27 packet, which had
already gone to print), the Bill's sponsor suggested certain changes to these provisions. This email is
at
©
1; the relevant suggestions are items numbered (5) and (6) in the email.
Certain other provisions in the Bill (and requested revisions from the sponsor) also remain to
be discussed. These include:
(1)
the prohibition on rent "surcharges" for tenants going month-to­
month at the conclusion of a lease term; (2) required disclosure of certain utility billing information
by landlords; and (3) required provision of free meeting space for certain tenant organizations.
Upon completion of the discussion of these outstanding issues, staff anticipates preparing a
series of amendments, or a substitute Bill that will reflect tentative decisions made by the Committee
during its three worksessions on the Bill. The amendments or substitute Bill can then be considered
and acted upon by the Committee at a future worksession.
This packet contains:
Email to PHED Committee from Dale Tibbitts (6/24/16)
Circle #
1
F:\LAw\BILLS\1519 Landlord - Tenant Relations\PHED 3 Memo 08.01.16.Docx
2
 PDF to HTML - Convert PDF files to HTML files
Hamlin, Joseph
From:
Sent:
To:
Cc:
Subject:
Tibbitts, Dale
Friday, June
24,20166:05
PM
Hamlin, Joseph; McMillan, Linda; Floreen's Office, Councilmember; Leventhal's Office,
Councilmember; Riemer's Office, Councilmember
Snuggs, Clarence J.; Osias, Tedi; Vitale, Patricia; Silverman, Ken; Mitchell, Kathleen;
Spielberg, Debbie; Kirkland, Bonnie; Eirich, Marc; Fogel, Adam; Kunes, Dave; Tibbitts, Dale
RE: Bill
19-15
Tenant
Josh, Linda, and the PHED Committee,
Upon consultation with stakeholders, we propose a few more changes to BiIl19-15.
Changes from the April 11 version:
1.
Keep the requirement of a standard lease, but strike the requirement that the standard form lease be esta blished by
Method 2 regs (Line 7). By Method 2 is too cumbersome.
2. Strike the requirement that optional provisions be made available in all the different languages. This is just
technical since the optional provisions requirement was struck. (Line 15)
3. Change the ambiguous word "biannually" to "biennially" in line 24 - technical. Every 2 years.
4. Strike lines 106-108,
ill
allow a prospective tenant at least 48 hours to consider executing the lease at the rent
amount offered before offering the dwelling unit to any other prospective tenants. The next prospective tenant
is just as worthy as the tenant for which the unit is being held. A copy of the standard lease is available to be
taken for review before signing.
5. Delete lines 243-246, "The Department must review all rent increases that are more than 100 percent of the
applicable rent increase guideline issued under subsection (a) to [[recognize]] determine patterns of increases
that [[particularly]] harm tenants." Because the Dept will have collected the unit level data, the County
government, housing advocates and academics will have the raw data to process to identify patterns of rent
increases.
6. Lines 215-216. Individual unit rents should not be published on the County's website (even though it might be
legal without the identifying unit number), but lowest level aggregate data should be. For example, average and
median rent by building by bedroom count.
Building name,
address, ZIPcode
Avg.
Rent
Median
Rent
Structure
Garden
Garden
Mid-rise
Mid-rise
High-rise
High-rise
High-rise
High-rise
High-rise
High-rise
High-rise
High-rise
Age
N_Units
Building
Bedrooms
49049
49049
83113
83113
17593
63144
63144
63144
63144
17158
70364
70364
1
2
1
2
1
0
1
2
3
1
0
1
$1,092
$1,565
$1,484
$1,824
$1,981
$1,398
$2,552
$3,791
$4,702
$1,128
$1,427
$1,121
$1,193
$1,563
$1,465
$1,781
$1,983
$1,152
$2,528
$3,712
$5,300
$1,128
$1,052
$1,132
1
12
12
3
3
28
7
7
7
7
46
6
6
24
56
185
196
50
22
232
158
7
140
8
40
(i)
 PDF to HTML - Convert PDF files to HTML files
70364
17448
17448
17448
-Dale
2
1
2
3
$1,371
$1,126
$1,346
$1,606
$1,342
High-rise
6
45
161
273
72
$1,108
Garden
$1,333
Garden
$1,589
Garden
37
37
37
Dale A. Tibbitts, Confidential Aide
Office of Councilmember Marc EIrich
Montgomery County Council
100 Maryland Avenue, 6th FIr
Rockville, Maryland 20850
Phone: 240-777-7966
Fax: 240-777-7989
dale. tibbi tts@montgomerycountymd.gov
2