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Maryland FAQ's

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Question 1: What is the allowable rent increase in Mongomery County during the

COVID-19 public health emergency?

  • Answer: Per COVID-19 Renter Relief Act, housing providers can only increase rents up to the Voluntary Rent Guideline. The cap on rent increases is effective during and for 90 days following the public health emergency declared by the Governor.  On Feb. 3, Montgomery County's County Executive Marc Elrich announced the 2020 Voluntary Rent Guidelines as 2.6%. The Voluntary Rent Guideline is based on figures from the U.S. Department of Labor for the rent component of the Consumer Price Index for the Washington Metropolitan area. The new guideline is published each year by March 1. For additional information, contact Nicola Whiteman at Nwhiteman@aoba-metro.org or the Montgomery County Office of Landlord and Tenant Affairs.
    • Applicable to existing tenants: The cap on rent increases excludes prospective tenants.
    • Housing provider notice requirement.
      • During the emergency and within 90days after the expiration of an emergency, a housing provider must not notify a resident of a rent increase if the increase would exceed the voluntary rent guideline.
      • If a housing provider provided notice of a rent increase to a resident prior to the emergency and the increase would exceed the voluntary rent guideline, it must inform the resident in writing:
        • to disregard the notice; or
        • that the increase is amended to be less than or equal to the voluntary rent guideline. 
      • DHCA notice requirement: DHCA must post on its website information about the new requirements, including the date that the emergency expires, and the date that is 90 days after the expiration of the emergency.  See DHCA - COVID-19 Renter Relief Act.
      • DHCA examples of the impact of Act: Explanatory scenarios regarding the Act.

 

Question 2: What are the rules regarding smoke alarm installation in multifamily rental properties located in Prince George's County?

  • Answer: Multifamily rental properties in Prince George's County must have at least one hard-wired smoke alarm with a battery backup located in the sleeping area of the residential unit. Certain older multifamily rental communities may be able to continue using battery-only smoke alarms if a waiver was previously granted by the Prince George's Fire Marshal.
  • The requirements for the installation of smoke alarms in Prince George's County are governed by the laws of the state and Prince George's County. SB 969 of 2013 rewrote and clarified the state law for residential smoke alarms. Section 9-104 of the Public Safety Article requires every multifamily residential property in Maryland to have a smoke alarm primarily powered by alternating current (AC) in each sleeping area. A "sleeping area" means a space that includes one or more sleeping rooms and a hall or common area immediately adjacent to any sleeping room.
  • Section 11-258 of the Prince George's County Code establishes additional standards for the installation, maintenance, and certification of smoke alarms:
    • Location. At least one (1) smoke alarm shall be installed in close proximity to the access for each sleeping area.
    • Installation. Smoke alarms may be directly hard wired to the building's power supply and have a battery-powered backup. The batteries shall be in accordance with the manufacturer's specifications.
    • Maintenance of smoke alarms in multifamily apartment houses, hotels, motels, and dormitories. It shall be the responsibility of the property owner or agent to annually inspect and maintain any smoke alarm device, installed in compliance with the provisions of this Section, in accordance with the manufacturer's warranty and/or suggested maintenance schedule. In addition, the property owner shall provide any tenant access to a copy of the maintenance schedule, operating manual, and any other instructional or precautionary literature which the manufacturer may supply with the unit.
    • Supervision. In new multifamily apartment houses, motels, hotels, and dormitories that have a required manual fire alarm system, a heat detector shall be installed next to the required smoke alarm(s) and the heat detector shall be connected to the manual fire alarm system.
    • Certification at the change in occupancy. At every change of occupancy or tenancy in any multifamily dwelling unit occasioned by or incidental to a sale, lease, sublease, or change in tenancy, it shall be the duty of the grantor thereof to certify to the tenant, at the time of conveyance and before occupancy, that all smoke alarms as required by this Section (or other applicable laws) are installed and in proper working condition.
    • Other standards applicable. This Section is intended to be used with and supplemented by the applicable provisions of National Fire Protection Association Standard NFPA-72.
    • Replacement. It shall be the responsibility of the property owner to replace any smoke alarm(s) as specified by the manufacturer.
    • All multi-family dwellings shall have battery back-up smoke alarms in the manner specified by this Subtitle by January 1, 2007."

State law establishes further requirements based on when the property was constructed:

  • For properties constructed after January 1, 1989, there must be at least one smoke alarm in each level of residential occupancy, including basements and excluding unoccupied attics, garages and crawl spaces. If two or more smoke alarms are required within a residential unit, the smoke alarms shall be arranged so that activation of anyone smoke alarm causes alarm activation of all other required smoke alarms in the residential unit.
  • For properties constructed after July 1, 1990, smoke alarms must be AC primary electric powered with a battery back-up or an approved alternate secondary power source.
  • For properties constructed after July 1, 2013, at least one smoke alarm must be installed in each sleeping room, in the hallway or common area outside of sleeping rooms, and in the hallway or common area on each level of the residential dwelling unit, including basements and excluding unoccupied attics, garages and crawl spaces. The alarms must be AC primary electric powered with a battery back-up or an approved alternate secondary power source. If two or more smoke alarms are required within a residential unit, the smoke alarms shall be arranged so that activation of anyone smoke alarm causes alarm activation of all other required smoke alarms in the residential unit.
  • Since the mid-1970s state law has required all existing multifamily dwellings to have smoke alarms that are primarily AC-powered. However, the State Fire Prevention Commission was authorized to approve power supplies other than an AC primary source if the Commission determined that reasonable fire safety was secured. Pursuant to that authority, and the recommendation of the Prince George's Fire Marshal, certain existing multifamily dwellings were approved to have waivers for battery-only smoke alarms in the 1975 to 1980 era. If battery-only units are used in any location, they should be sealed, tamper-resistant units using long-life batteries.
  • Smoke alarms should be replaced at least every 10 years.
  • State law also requires that rental property owners provide to a tenant who is deaf or hard of hearing, upon written request, a smoke alarm suitable to alert the individual. The owner may require reimbursement from the tenant for the cost of the alarm.
  • Tenant notification of smoke alarm failure/malfunction: If a tenant notifies an owner in writing of the failure or malfunction of a smoke alarm, the owner must provide a receipt for the notice and repair or replace the alarm within 5 calendar days.

Any questions or additional information contact the Fire Prevention and Life Safety Office.

Question 3: When Must Air Conditioning Be Supplied in Maryland?

Note: Changes to Montgomery County Law expected January 2020.

  • Answer: Every spring and fall, questions are asked regarding the rules for turning on/off the heat and air conditioning. This poses a dilemma for owners and residents. The sporadic climate in the Washington area does not lend itself to an easy solution. The following “multiple answers” are offered as guidance: 

    • Maryland State Law: There is no statutory date in the State of Maryland to turn on the heat or air conditioning. Air Conditioning is not required. There is no State requirement to supply air conditioning. Air conditioning is considered an amenity. The state code is consistent with this view. Air conditioning is not listed in the State Code as a substantial defect or a condition that would constitute, a fire hazard or a serious and substantial threat to the life, health, or safety of the occupants”. If air conditioning is supplied as an amenity, it must be maintained in working order as a condition of the lease contract.

    • Montgomery County: On March 2, the Montgomery County Council approved Bill 24-19 - Landlord-Tenant Relations - Obligations of Landlord - Air Conditioning. The new law will take effect on June 1, 2020. Key provisions in the amended bill are noted below.
  • Applicable dates: June 1- September 30
  • Minimum temperature: 80 degrees
  • Housing provider responsibility/ Method of measuring cool temperature
    • Housing provider controls thermostat: Maintain a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at 3 feet above floor level; and
    • Resident controls thermostat: The housing provider must provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
  • Time for repairs: Housing providers’ obligation applies except when required for reasonable maintenance and repairs. The law directs DHCA to issue implementing regulations including regulations to define reasonable maintenance and repair. Additionally, DHCA indicated it will request an alternative plan when no a/c is being provided because of the scope of repairs.
  • Financing: The Executive must, subject to appropriations, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the law.
  • Housing provider extension requests: Housing providers can apply to the DHCA director for an extension of up to six months to comply with the new law if the director finds that:
  • Housing provider needs to make electrical upgrades to comply; and
  • Making the upgrades would cause financial hardship.

HEAT IS REQUIRED.

Maryland State Law requires heat to be supplied. Maryland State Code- MD. CODE ANN., [REAL PROP.] § 8-211(e) (1)

Prince George’s County

Sec. 13-127. Mechanical and Electrical Requirements; Section 602, Heating Facilities.

(a) Section 602.2 is amended to read as follows:

"602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section."

(b) Section 602.3 is amended to read as follows:

"602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one (1) or more dwelling unit, rooming unit, dormitory, or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms.

Exception: "When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code."

(c) Section 602.4, entitled "Occupiable workspaces," is deleted in its entirety.

Montgomery County

Housing Standards Sec. 26-7 Light, ventilation and heating, temperature control.

3) Temperature control - space heating.

(A) Each owner of a dwelling unit or individual living unit where the heat is not under the control of the tenant must maintain a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.

(B) Each owner of a dwelling unit or individual living unit where the heat is under the control of the tenant must provide in working condition heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.

(C) If the thermostat or other mechanism governing the heat in more than one dwelling unit in a multiple dwelling or individual living unit in a personal living quarters building is located in a dwelling unit or individual living unit where the occupant of that unit controls the heat delivery to other dwelling units or individual living units, the owner must provide each tenant with an emergency phone number to directly contact a person who has 24-hour access to adjust the heat and who will adjust the heat within 2 hours.

Question 4: Are Screens Required on Windows/Doors?

Answer: YES 

Montgomery County

Sec. 26-7. Light, ventilation and heating, temperature control. (c) Ventilation. Each habitable room must provide adequate ventilation that meets the minimum standards prescribed in Chapter 8.

(1) When ventilation is provided by windows and exterior doors, the total of the openable window or door area in each habitable room must be at least 45 percent of the minimum aggregate glass area of the window or skylight as required in subsection (a) or 4 percent of the floor area of every habitable room.

(2) Every window or opening to outdoor space, used or intended to be used for ventilation, must be supplied with screens or other methods of insect control approved by the Director.

(3) Every window used or intended to be used for ventilation, and every other opening in any dwelling which might provide an entry for rodents must be supplied with a screen or other device which effectively prevents their entrance.

Prince George’s County

Subtitle 13. Housing and Property Standards 13-119

 (b) Section 303.14 is amended to read as follows:

"303.14 Insect screens During the period from June 1 to October 15, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch, and every swinging door shall have a self-closing device in good working condition."

Exceptions:

No screens shall be required on any floor above the fifth floor.

Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

 

Question 5: Is recycling mandatory in Prince George’s and Montgomery Counties for multifamily and commercial properties?