[HISTORY: Adopted by the City Council of
the City of New Carrollton 1-19-2019 by Ord. No. 19-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 41.
Fire prevention — See Ch. 60.
Health and sanitation — See Ch. 66.
Housing and property maintenance — See Ch. 71.
[1]
Editor's Note: This ordinance also repealed former Ch. 89,
Rental Property, adopted 10-4-1989 (Ch. 14 of the 1975 Code), as amended.
A.
The Mayor and Council recognize that safe, clean, well-built, and
properly maintained housing and neighborhoods are the foundation upon
which healthy communities are built. This chapter promotes and advances
the City's vision and commitment to housing and neighborhoods.
The purpose of this chapter is to protect and promote the public health,
safety and welfare of the residents of the City of New Carrollton,
to establish obligations and rights of owners and tenants in the renting
of dwelling units and to encourage owners and tenants to maintain
and improve the quality of rental housing within the City.
B.
An additional purpose of this chapter is to ensure compliance with
all laws, ordinances and regulations applicable to residential rental
housing within the City; and to promote and ensure the safety, health
and habitability of rental dwellings in the City, to prevent deterioration
of rental facilities, to support property values, and to encourage
responsible management and use of rental dwellings and dwelling units
through licensing and inspection.
A.
This chapter shall apply to all rental dwellings and rental units, including single-family and multifamily dwellings. The minimum requirements for the maintenance and repair of rental dwellings and rental units are included in the Code of the City of New Carrollton, Chapter 71, Housing and Property Maintenance, and other applicable codes and regulations. These standards include but are not limited to structural integrity, protection against fire hazard, equipment or maintenance, adequate provisions for light and air, proper heating, electric, plumbing, and sanitary conditions, and with respect to matters of overcrowding, illegal activities, or factors otherwise deemed to constitute a menace to the safety, health or welfare of the occupants or adjacent property owners, or such conditions, factors, or characteristics that adversely affect public safety, health and welfare and may lead to the continuation, extension, or aggravation of urban blight. Adequate protection of the public, therefore, requires establishment and enforcement of the licensing and inspection of single-family and multifamily rental dwellings and dwelling units.
B.
The City's housing and property maintenance standards as delineated in City Code, Chapter 71 ("Housing Code"), which adopts the Housing Code for Prince George's County, Maryland, as amended from time to time, are hereby incorporated by reference in this chapter to the extent it is not inconsistent herewith.
The terms used in this chapter are defined as follows:
The City Administrative Officer.
A "dwelling unit" in which lodging and meals are furnished
by the inhabitants for compensation to four (4) or more, but not exceeding
nine (9), occupants. The "dwelling unit" shall contain no more than
five (5) rooms for sleeping by occupants.
The City of New Carrollton.
The individual(s) designated by the Mayor to administer this
chapter.
A certificate indicating that a complete application for
a rental license has been received along with the required fee and
that the required inspections are pending.
A building used for residential purposes for one (1) or more
individuals.
For purposes of this chapter, a building (or part of a building)
comprised of one (1) or more rooms that provide bathing, cooking,
living, and sleeping facilities that are used as a complete and independent
dwelling for one (1) or more persons.
A tenant of a single-family rental unit who is related to
the owner of the rental unit as grandparent, parent, sibling, child,
or grandchild, whether naturally, adopted, step, or in-law.
The annual fee required for application for a license under this chapter. No additional fee is required in reference to mandatory inspections except as provided for missed appointments in § 89-7D.
Licenses issued under this chapter shall be valid for one
(1) year from the date of issuance and shall expire at 11:59 p.m.
on the three hundred sixty-fifth (365th) day after issuance.
The owner of record residing in Maryland, or a Maryland resident
expressly designated by the owner on a form provided by the City,
to manage, supervise and care for the property and to respond to any
violations concerning the property, and to whom official service may
be made, including the service of municipal infraction citations.
The provisions of the City's housing and property maintenance standards as adopted and may be amended from time to time in Chapter 71 of this Code, and other applicable City codes, ordinances and regulations.
A "building" (other than a "three-family dwelling") containing
three (3) or more "dwelling units", including an "apartment house"
or "apartment building." "Multifamily dwelling" does not include a
"fraternity or sorority house." A "dwelling" for which a special exception
was granted in accordance with Section 27-382 of the Prince George's
County Code, "multifamily dwelling; bedroom percentages increase,
prior to August 26, 1983, shall be considered a "multifamily dwelling,"
irrespective of whether the individual "dwelling units" are entirely
separated from each other by solid, common walls.
Any person other than the owner, who is in possession of
a building or structure or space within a building or structure. An
"occupant" shall include a tenant.
Any person, partnership, company, corporation or other entity,
alone, jointly or severally, having a legal or equitable interest
in, or control of a rental dwelling. Owner shall also mean any person
who alone, jointly or severally, shall have the charge, care or control
of any premises as executor, administrator, trustee or guardian of
the estate of the owner. Owner shall also mean any person having any
interest in a partnership, company, corporation or other entity which
owns or has any ownership interest or control of a premise. Any person,
firm, partnership, company, corporation, or other entity whose name
appears on the deed or property tax bill for the premises shall be
deemed to be the owner of the premises.
The parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a rental dwelling
is located.
A dwelling or a dwelling unit occupied or intended to be
occupied by one or more individuals who are not the legal owners of
record of the property or an exempt tenant. Boardinghouses and a rooming
houses are rental dwellings.
Any room or group of rooms in a single-family or multifamily
structure forming a single habitable unit that is intended to be rented
for occupancy by one or more individuals who are not the legal owners
of record of the property or an exempt tenant.
A rental dwelling in which lodging (excluding meals) is furnished
by the inhabitants for compensation to four (4) or more, but not over
nine (9), occupants. The "dwelling" shall contain no more than five
(5) rooms for sleeping by occupants.
Any rooms or groups of rooms located within a dwelling, forming
a single habitable unit used or intended to be used for sleeping or
living, but not for cooking purposes.
A dwelling that contains one or two dwelling units, including
duplexes and two-family attached dwellings.
A.
The owner of a rental dwelling or rental unit may not permit occupancy
of the rental dwelling or rental unit unless the rental dwelling or
rental unit is first licensed by the City, and the license has not
been revoked or suspended.
B.
Subject to Subsection C, a dwelling unit that is occupied by an owner or exempt tenant as a principal place of residence shall not be subject to the requirements of this chapter. All dwellings within the City remain covered by the requirements of the City's housing and property maintenance chapter, Chapter 71.
C.
A rental license is not transferable. A rental license terminates
upon change of ownership of the property on which a rental dwelling
or rental unit is located and the new owner of the rental dwelling
or rental unit must obtain a new license within fifteen (15) days
after the change in ownership.
A.
Owners of rental dwellings and rental units shall make written application to the City for a rental license upon such form or forms as the City designates. Applications shall be submitted together with the applicable license fee, which fee shall be established in the City fee schedule, and a statement by the owner of the rental dwelling or rental unit that, as a condition of issuance of any license or conditional license, the owner, on behalf of the owner and behalf of any present or future tenants, grants permission to the City and the City's officials, employees and agents to inspect the rental dwelling or rental unit for compliance with the requirements of this chapter and to undertake any other inspections required by § 89-7. The annual license fee shall not be prorated.
B.
The owner shall have a continuing obligation to update the information
submitted as part of the rental license application and to supply
additional information as the City reasonably may require.
C.
Late fees shall be assessed to the owner for every day that the filing
of an application is delinquent. The late fees shall be set forth
in the City's fee schedule.
D.
License fees and late fees imposed by this chapter are a lien on
the premises until paid and in all respects shall bear interest, and
be collected and enforced, in the same manner as City real property
taxes.
E.
All rental license fees submitted to the City shall be nonrefundable.
A.
Upon receipt of a completed application for a license with tender
of the required license fee, along with any state of Maryland required
documentation of compliance with Maryland lead laws, and any other
legally required documents for a rental dwelling or rental unit, the
City shall issue a conditional license unless a current license has
been denied, suspended or revoked. Conditions on the license will
be removed, and a final rental license issued, following a satisfactory
inspection of the premises.
B.
Denial, suspension or revocation: a conditional license or license may be denied, suspended or revoked in whole or in part at any time by the City for a rental dwelling or rental unit that is the subject of a violation of City Code, Chapter 71, Housing and Property Maintenance if, after receipt of a notice of violation, the owner fails to abate all violations identified during an inspection within the time ordered in the notice. Violations of provisions contained in Prince George's County Code, Section 13-113 "Unsafe Structures and Equipment," Section 13-114, "Unsafe Conditions - Emergency Measures" and Section 13-115 "Condemnation and Demolition," adopted as part of the City's housing and property maintenance standards may result in immediate denial, suspension or revocation of a conditional license or license without notice. The denial, suspension or revocation of a license is in addition to and not in substitution of the penalties provided for in § 89-12 of this chapter.
C.
Any license or conditional license issued under this chapter may
be revoked, or suspended by the City, after notice and right to a
hearing, for any of the following reasons:
A.
Authority and consent to inspections: in connection with the application requirements contained in § 89-5, the owner shall acknowledge and consent to the inspections required under this chapter; and shall affirm that the owner will notify prospective tenants prior to entering into a lease agreement of the inspection requirements of this chapter. The City's Code Official or other designated person shall conduct an inspection of a licensed premises to determine whether it is in compliance with all applicable requirements of the City Code prior to the issuance of a new license, prior to the renewal of a license, prior to the arrival of a new occupant/tenant and when violations of the City Code are reasonably suspected to exist. The City's Code Official or other designated person may conduct periodic inspections of any licensed premises to determine whether it continues to be in compliance with all applicable requirements. A person may not refuse or fail, upon reasonable notice, to allow entry for such inspection, and the refusal or failure to allow inspection is sufficient reason for the denial, suspension or revocation of a rental license.
B.
Limitations: inspections are limited visual inspections for violations
of the City's housing and property maintenance standards, and
other applicable codes and standards. The inspections do not certify
or provide a warranty of the premises as to the existence or operation
any building systems or subsystems. The inspections shall not be deemed
to include any latent or hidden defects or problems. Inspections shall
be conducted by the City's Code Official or other persons designated
by the Mayor.
C.
Exterior and interior inspection: in connection with the application requirements contained in § 89-5 of this chapter, a rental dwelling or rental unit shall be subject to an annual exterior and interior inspection of the premises subject to the standards in Chapter 71 of the City Code. The inspection may, but shall not be required to, include a check of systems and subsystems in the rental dwelling or rental unit. The Code Official may determine the number of rental units to be inspected for safety and operation.
D.
Missed inspection fees: any appointment for inspections which is
not kept by the applicant for any reason and for which the City Code
Enforcement Officer is not given twenty-four (24) hours' notice
of cancellation (prior to the time set for inspection) shall be subject
to a fee as set forth in the City's fee schedule.
E.
Inspection results, deficiencies and required corrections: inspection
results shall be communicated in writing to the owner. Notices of
violations shall include a compliance date that specifies a date by
which violations must be abated. Extensions to the initial compliance
date may be granted at the City's sole discretion.
A.
Each license issued pursuant to this chapter shall expire at 11:59
p.m. on the three hundred sixty-fifth (365th) day after its issuance.
B.
Application for the renewal of an existing license shall be made
at least thirty-one (31) days prior to the expiration date and shall
be submitted together with the appropriate license fee. The late fee
for applications shall also be applicable to renewals.
C.
Every applicant whose application for a license has been denied or
whose license has been suspended or revoked may not reapply for the
license unless and until the underlying conditions causing the denial,
suspension or revocation have been satisfactorily addressed as determined
by the City.
D.
When reapplying after a denial, a new application and required documents
shall be submitted together with all applicable fees.
A person aggrieved by a final decision or order of the City
in the administration or enforcement of this chapter may appeal the
decision to the City Board of Appeals within fifteen (15) days of
the date of the decision or order appealed, by filing with the Board
a signed, written notice of appeal requesting a hearing and setting
forth a brief statement of the reasons therefor. Upon receipt of such
notice of appeal, the Board shall set a time and place for such a
hearing and shall determine appeals as promptly as practicable. The
Board shall hear the appeals. After such hearing, the Board may, with
a majority of members present, affirm, amend, modify or withdraw the
decision or order that has been appealed. The decision of the Board
shall, in all cases, be final, except that any party directly aggrieved
by a decision may within five (5) days after the rendering of such
decision file an appeal to the Circuit Court for Prince George's
County. Said appeals shall be in accordance with the Maryland Rules.
A copy of any license issued under this chapter shall be presented
to every prospective tenant prior to executing a lease agreement or
prior to occupancy, and thereafter on demand of the tenant or designated
Code Official.
A.
Requirement of local agent. The owner of record of any rental dwelling
or rental unit required by this chapter to obtain a license shall
be or appoint a local agent for each licensed premises. The local
agent shall be over the age of eighteen (18) and reside in the State
of Maryland.
B.
Filing of the local agent's name and address. The name and address
of the local agent shall be included in the rental license application.
The owner of record shall notify the City in writing of any changes
with respect to the local agent within ten (10) days of such changes.
The designation of a local agent does not relieve the owner of any
responsibilities or obligations under this chapter.
C.
Service of uniform civil citation for municipal infraction. Notice
of a complaint or municipal infraction with respect to premises required
to be licensed may be brought by service upon the owner of record
of the property or upon the local agent. Service shall be deemed sufficient
when served in compliance with the City's then current policy
on the issuance of municipal infraction citations.
A.
It shall be unlawful for any person or persons, firm, corporation
or other entity to violate any of the provisions of this chapter,
which are hereby declared to be municipal infractions, punishable
by a fine as set forth in the City's fines and penalties schedule
for each offense. Each day that a violation continues after assessment
of the initial fine shall constitute a separate or repeat offense.
Payment of a fine without correction of the violation does not constitute
abatement of the violation.
B.
For purposes of enforcing this chapter, the City is authorized to exercise all powers available to it under state and county law and City Code, Chapter 71 and other applicable codes to prohibit or prevent occupancy of an unlicensed premises subject to licensing under this chapter for which a conditional license or license has not been issued, has expired, or for which a conditional license or license has been suspended or revoked.
