Bed & Breakfast and Short-Term Rental Frequently Asked Questions

• What is a short-term residential rental?
  • ​A short-term residential rental is the residential occupancy of a room, apartment, detached single-family home, townhouse, or condominium for less than 30 consecutive days for a specific rental fee.  It includes a bed and breakfast or an Airbnb unit. An accessory dwelling unit (ADU) is not considered a short-term residential rental and cannot be operated as such.

 

• Does this law apply to all bed and breakfast and short-term residential rentals in Montgomery County?
  • ​No, the law does not apply to short-term residential rentals located in the following local municipalities: Chevy Chase Village, Town of Chevy Chase, Town of Chevy Chase View, City of Gaithersburg, City of Rockville, Town of Kensington, Town of Laytonsville, Town of Poolesville, Town of Somerset, Town of Washington Grove, and Town of Garrett Park. If your property is in one of these areas of Montgomery County, please do not submit a request for a rental license as outlined in the licensing requirements.

 

• Who can apply for a bed and breakfast or short-term residential rental license?
  • Property owners of residential dwellings may rent their habitable living space for less than 30 consecutive days for a fee as defined in Chapter 54, Sec. 54-43. Application for a License

 

• What is the license fee, and how long is it valid?
  • The current bed and breakfast rental license fee is $150 and $325 for short-term residential rental. This application fee is non-refundable and is established annually by the County Executive and is valid for one year.

 

• How do I obtain a Tax ID?
  • A Tax ID number is 8 digits. You must register as a business with Maryland Tax Connect here: Register a New Business
    • You can check the validity of your Tax ID here: Verify Sales Tax Exemption
    • Contact Information for Sales and Use Tax ID can be found below. 
    • Phone:410-260-7980
    • [email protected]

 

• When will my application be approved?
  • All applications, including renewals, will be approved/denied 30-60 days after submission. If information is missing, DHCA staff will email.

 

• I just applied, what do I do next?
  • After applying for a Short-Term License, the applicant must inform their neighbors. Residents may submit a challenge to the license at 240-777-0311. If a challenge is received, the applicant will be notified and given time to write a rebuttal.

 

• How do I apply for a bed and breakfast or a short-term residential rental license?
  • You can apply online via the Rental License Application Process Guide

 

• Are there different requirements to operate a bed and breakfast?
  • ​Yes, to operate a bed and breakfast you must obtain the following:
    • Permit of occupancy through the Department of Permitting Services DPS - Infill Development Process - Department of Permitting Services - Montgomery County, Maryland (montgomerycountymd.gov)
    • If you are planning to serve a hot meal you must obtain a license with the Department of Health and Human Services at FoodServiceFacility (montgomerycountymd.gov)
    • You must apply for a rental license with the Department of Housing and Community Affairs (DHCA) online via the Rental License Application Process Guide

 

• If my HOA does not allow Short-term Rentals, can I still apply?
  • An application may only be submitted if “the application is not prohibited by the homeowners association or condominium document or a rental lease.”(Sec. 54-43)

 

• Are currently active short-term residential rental licenses approved by the Department of Health and Human Services (DHHS) required to reapply with DHCA?
  • ​No, active short-term residential rental licenses approved by DHHS are still valid with DHCA and do not require any action. When the rental license is due for renewal it must be submitted to DHCA online using Rental License Application Process Guide.

 

• What if I am advertising my property without a current bed and breakfast or a short-term residential rental license?
  • All unlicensed properties must discontinue advertisement on all forms of media and cancel existing reservations immediately. You cannot operate a short-term rental or a bed and breakfast without a license, and DHCA will send out a notice of violation for all unlicensed properties.

 

• What if I previously had a license but no longer want to operate a bed and breakfast or a short-term residential rental? 
  • You do not need to renew your license, and you cannot advertise your property on any form of media. Any existing reservations must be canceled immediately. We do not prorate the license fees.

 

• Under my bed and breakfast rental license, can I serve food?
  • A bed and breakfast establishment that intends to serve hot meals to renters must be licensed and is subject to State and local health regulations that govern food safety and contamination.  To obtain a license to serve food or if you have other questions related to the food regulations contact Health and Human Services at FoodServiceFacility (montgomerycountymd.gov)

 

• Can residential rental licenses be denied?
  • ​Yes, if a license applicant fails to provide all required information and the appropriate licensing fee, does not meet the requirements for a short-term residential rental license as defined in Montgomery County Code, Chapter 54, Transient Lodging, or a license was revoked within the last 36 months. A license may also be delayed or denied if a license application challenge is received within 30 days of the license application date as described in Montgomery County Code, Section 54-46.Challenge to Applications.

 

• For what reasons can a license be suspended or revoked?
  • A license may be revoked or suspended if a licensee of a short-term residential rental is found to (1) have operated the property in a manner that is dangerous to the health and safety of the community or is a nuisance because of noise or other activity, as verified by the DHCA Housing Code and Enforcement Division, (2) has violated Montgomery County Code, Chapter 54, Transient Lodging Facilities, or any other applicable law or regulation, or (3) has been convicted of violating any of the provisions of the Criminal Law Article of the Maryland Code listed in Section 54-20 while operating the bed and breakfast or short-term residential rental. If a license holder does not agree with DHCA’s decision to suspend or revoke a license, an appeal may be sent to the Board of Appeals for reconsideration as per Section 54-48 Appeals if it is submitted within 30 days of DHCA’s decision.

 

• If my license is revoked, can I apply again?
  • For a period of 3 years, the property is not allowed to be licensed as a Short-term Rental or Bed and Breakfast.

 

• Will DHCA conduct housing code inspections for short-term residential rentals?
  • Yes, a housing code enforcement inspector will investigate short-term residential rental complaints and will evaluate the property’s safety and maintenance conditions as described in the DHCA Housing and Building Code Enforcement Handbook, which is available in English and Spanish.  An inspector will issue a notice of violation for code violations and civil citations for any uncorrected or repeat violations.

 

• How can I report a complaint?
  • You can contact MC311 at 240-777-0311 or submit it online Short Term Rental and indicate if you have a licensing or code inspection question or complaint.

 

• Who should I contact to investigate a residential rental noise or criminal activity complaint?
  • For criminal activity complaints that are not an immediate emergency, please call the Montgomery County Police Department’s non-emergency number 301-270-8000 or 911 during an emergency.  The Department of Environmental Protection investigates noise complaints and enforces the Montgomery County Noise Ordinance. To file a complaint, contact MC 311 to Report a noise disturbance occurring during regular business hours. To report noise disturbances outside of regular business hours, contact the police non-emergency line at 301-270-8000.