[1]
Legislative History: Ord. No. 2700, 11/14/1983; Ord. No. 1991-34; Ord. No. 1992-2, 1/27/1992.
The City of Takoma Park Commission on Landlord-Tenant Affairs is established. The Commission shall consist of at least seven, but no more than 12 members appointed by the Council. The Council shall make every effort to ensure that the Commission has representation from landlords, tenants and homeowners.
(prior code § 6-600/Ord. 2003-7 § 1 (part), 2003; Ord. 2004-6 (part), 2004; Ord. 2013-25 § 1, 2013)
The Commission is empowered to adjudicate complaints for violations of Chapter 6.16, Landlord-Tenant Relations, to rule on petitions for rent increases above the rent stabilization allowance in accordance with Chapter 6.20, Rent Stabilization, and to decide appeals from the City Manager's decision to deny, suspend or revoke a license under Chapter 6.08, Rental Housing Licenses.
(prior code § 6-601/Ord. 2003-7 § 1 (part), 2003/Ord. 2003-24 § 3, 2003; Ord. 2013-25 § 1, 2013)
A. 
Qualifications. All Commission members shall be residents of the City except that there may be a maximum of four members who are not residents of the City if such members own or manage rental housing in the City.
B. 
Appointments and Terms of Office. Each member of the Commission shall be appointed for a term of three years, which shall begin on July 1st.
1. 
The initial term of a Commissioner who is appointed to replace a member who cannot complete his or her term shall be for the remainder of the term of the member being replaced.
2. 
A Commission member who resigns, whose term expires or who ceases to reside in Takoma Park, may, at the discretion of the Commission chairperson, continue as an inactive member of the Commission to complete work on cases on which he or she participated as an active member of the Commission. This participation may include the approval and signing of Commission opinions and orders.
C. 
Removal. The Council may, by resolution, remove a Commissioner before the Commissioner's term has expired if the Council determines that the Commissioner has become incapacitated or has failed satisfactorily to perform his or her duties as a Commissioner, or has violated Chapter 3.04, Ethics.
D. 
Reappointment. The Council, at its discretion, may reappoint a Commissioner prior to the expiration of the Commissioner's term. There is no limit to the number of terms that an individual may serve on the Commission.
(prior code § 6-602/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
The Commission shall elect a chairperson and a vice chairperson for a one-year term or until a successor is elected.
B. 
A Commissioner may serve a maximum of three consecutive terms in any one office.
C. 
At least one-half of the Commissioners shall constitute a quorum for the transaction of business. A majority vote of those present shall be sufficient for any official action taken by the Commission.
D. 
The Commission shall meet at least once a year and as often as required to perform its duties.
E. 
At the request of a majority of the Commissioners or the Executive Director or his or her designee, a regular or emergency meeting of the Commission shall be convened.
F. 
Written notice shall be given to all Commissioners at least five calendar days prior to any regular meeting, and notice of the meeting shall be published in accordance with the Maryland Open Meetings Act.
G. 
Notice of an emergency meeting shall be given in writing or orally to all Commissioners at least 24 hours prior to an emergency meeting.
(prior code § 6-603/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
The Commission shall promulgate rules of procedure that further regulate the operations of the Commission in accordance with Chapter 2.12, Administrative Regulations.
(prior code § 6-604/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
Any Commission complaint of an illegal rent or fee shall be filed within one year of the date the complainant knew or should have known of the alleged violation.
B. 
Any other Commission complaint shall be filed within one year of the date of the occurrence.
C. 
The following parties shall have standing to file a Commission complaint alleging a violation of Chapter 6.16, Landlord-Tenant Relations:
1. 
Any affected tenant or tenants;
2. 
Any affected landlord; or
3. 
Any registered tenant association on behalf of those affected tenants who have authorized the tenant association to represent them.
(prior code § 6-605/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
Department Investigation. Upon the filing of any Commission complaint, the Department shall make such investigations as it deems appropriate to determine whether the complainant states a claim over which the Commission has jurisdiction. The investigation may include interviews of witnesses, affected parties, review of Department records and other available documents and a physical inspection of the property.
B. 
Department Actions on Complaints. The Department shall, upon completion of its investigation:
1. 
Schedule a hearing on the complaint; or
2. 
Dismiss the complaint for failure to prosecute if the complainant has failed to respond to Department requests for information in a timely manner;
3. 
Dismiss the complaint if it appears that the complainant has failed to state a claim upon which relief can be granted.
C. 
Commission Responsibilities.
1. 
The complainant shall have 10 calendar days following the issuance of the Department's dismissal of a complaint to show cause in writing why the complaint should not be dismissed.
2. 
Upon receipt of the party's written explanation, the Commission may affirm the Department's original decision or may reinstate the complaint.
3. 
If the Commission affirms the Department's dismissal, or if no written explanation is received from the complainant, the dismissal of the case shall be final.
D. 
Emergency Action. If, at any time after a Commission complaint is filed, the Department believes the health, safety or welfare of a tenant is placed in immediate and present danger, the Department shall be authorized to take action to provide appropriate relief. This relief may include relocating the tenant to temporary housing when a pending eviction or constructive eviction has occurred or is likely to occur before the Commission can act. The Executive Director shall determine whether an emergency fact finding hearing by the Commission is necessary.
E. 
Conciliation. The Department shall offer to facilitate resolution of disputes between parties, either before or after a Commission complaint is filed. When appropriate, the parties shall be referred to mediation. If the parties are unable to resolve the dispute and the complainant wishes to proceed, the Department shall schedule the complaint for a hearing or dismiss the complaint, as appropriate.
(prior code § 6-606/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
Hearings on complaints and objections to decisions on fair return rent increase petitions shall be held before a panel of three Commission members. One panel member shall be designated as the presiding Commissioner. Hearings shall be open to the public.
B. 
With the consent of all parties present at a scheduled hearing, the hearing may proceed before a panel of two Commissioners.
C. 
Notice of the hearing, including the date, time and place of the hearing shall be provided to the parties and the public in the manner prescribed by the Commission regulations.
D. 
The panel shall have the power to subpoena witnesses and to subpoena the production of relevant documents and records. Any party to the case may request the issuance of a subpoena, which shall be on a form prescribed by the Commission regulations and must state the reasons why the party is seeking the subpoena. The Commission has discretion whether to issue a requested subpoena. If any person refuses to comply with a subpoena, and the Commission determines that compliance with the subpoena is necessary for a fair hearing and would not be unduly oppressive to the person subpoenaed, the City, on behalf of the Commission, may initiate a suit in equity in the Circuit Court to enforce compliance with the subpoena.
E. 
All parties must appear for the hearing. A complainant's failure to appear shall result in dismissal of the complaint. A party's failure to appear in a hearing on its objections to a decision in a fair return rent increase petition proceeding shall result in the dismissal of the party's objections.
F. 
Any party may represent himself or herself at a hearing or may be represented by an attorney or other authorized representative as provided in the Commission regulations.
G. 
All testimony shall be given under oath or affirmation.
H. 
Parties shall have the right to call witnesses and present testimony and evidence to substantiate any material point. Each party shall have the right to cross-examine opposing witnesses, to submit rebuttal evidence, and to present summation and argument.
I. 
The Commission panel may admit and consider evidence that would be commonly accepted by reasonable and prudent people as having a causal relationship to the matters before the Commission panel. It shall give effect to the rules of privilege recognized by law. It may exclude irrelevant and repetitious testimony and documents from evidence.
J. 
The party filing the complaint or the petitioner in a rent increase petition case shall have the burden of proof, which shall be met by a preponderance of the evidence.
K. 
The Commission panel may take notice of judicially cognizable facts and, in addition, may take notice of relevant general, technical or scientific facts.
L. 
The Commission shall make an audio recording of the hearing. The official record of the case shall include the audio recording, any documentary evidence entered in the record, any reports prepared by the Department, any pleadings, motions, and responses filed by the parties, and any written orders issued by the Commission. The official record of the case shall be open to inspection by any person. Upon request by any person, the Commission shall furnish to such person a copy of the official record of the hearing at the cost of supplying the record.
(prior code § 6-607/Ord. 2003-7 § 1 (part), 2003/Ord. 2010-16 § 1 (part), 2010; Ord. 2013-25 § 1, 2013)
The Commission shall be empowered to remedy violations of Chapter 6.16, Landlord-Tenant Relations, including alleged defective tenancies resulting from breach of lease, by any appropriate means, including but not limited to the following general and specific remedies:
A. 
General Remedies. The Commission may remedy violations of the landlord-tenant law by one or more of the following:
1. 
Awarding actual monetary damages;
2. 
Awarding statutory monetary damages and attorney's fees in regard to violations of the security deposit provisions of Sections 8-203 and 8-203.1 of the Real Property Article of the Annotated Code of Maryland, as amended from time to time;
3. 
Requiring the performance of certain acts;
4. 
Requiring a party or parties to cease and desist from unlawful conduct;
5. 
Ordering the payment of interest upon any award of monetary damages, calculated at the judgment rate of interest, from the date payment of the award is due until payment is made in full;
6. 
Granting such other relief as the Commission deems necessary.
B. 
Specific Remedies.
1. 
Defective Tenancy.
a. 
Where the Commission finds that a landlord has caused a defective tenancy, the complainant tenant may be entitled to one or more of the following:
i. 
An award of monetary damages to be paid as a result of the defective tenancy;
ii. 
An order awarding a reasonable amount to be paid by the landlord for the tenant to obtain comparable temporary housing in the area;
iii. 
Correction of the defective tenancy by the landlord;
iv. 
An order permitting the tenant to correct or remedy the condition that constitutes the defective tenancy and abating the tenant's rent in an amount equal to the reasonable cost incurred by the tenant;
v. 
An order requiring the landlord to perform such other remedial action as the Commission deems appropriate.
b. 
Where the Commission finds that a tenant has caused a defective tenancy, the Commission may award the complainant landlord one or more of the following remedies:
i. 
An award of monetary damages to be paid as a result of the defective tenancy;
ii. 
An order requiring the tenant to correct the defective tenancy;
iii. 
Where the Commission finds that a tenant has caused a defective tenancy that has resulted in a substantial breach of the lease, the Commission may authorize the termination of the lease and authorize the complainant landlord to repossess the premises in accordance with the applicable provisions of the Real Property Article of the Annotated Code of Maryland, as amended;
iv. 
An order requiring the tenant to perform such other remedial action as the Commission deems appropriate.
2. 
Illegal Rent or Fee. Where the Commission finds that the landlord has imposed or attempted to impose an illegal rent or fee, the tenant may be entitled to one or more of the following:
a. 
An order authorizing the tenant to begin paying the lawful rent or fee and a rollback of the rent or fee by the landlord to the lawful amount;
b. 
An order directing the landlord to refund excess moneys paid by the tenant for the illegal rent or fee;
c. 
An order authorizing the tenant to withhold from the next months' rent payments an amount equal to the illegal rent or fee imposed by the landlord;
d. 
An award of damages to be paid by the landlord in the amount of the actual damage or loss sustained as a result of the imposition or attempt to impose an illegal rent or fee;
e. 
An order requiring the landlord to perform such other remedial action as the Commission deems appropriate.
3. 
Entry Violations.
a. 
Improper Entry. Where the Commission finds that a landlord has improperly entered into a tenant's rental unit or failed to provide a report of entry in violation of Section 6.16.110, Entry, it may grant the tenant injunctive relief to prevent the reoccurrence of the conduct, authorize the tenant to terminate the tenancy for cause, and award the tenant actual damages.
b. 
Unreasonable Refusal of Entry. Where the Commission finds that a tenant unreasonably has withheld their consent to entry by a landlord in violation of Section 6.16.110, Entry, it may order the tenant to grant the landlord access, authorize the landlord to terminate the tenancy for cause, and award the landlord actual damages.
4. 
Retaliatory Actions and Practices. If the Commission finds in favor of the tenant because the landlord engaged in a retaliatory action or practice, the Commission may order the landlord to pay the tenant damages not to exceed the equivalent of three months' rent and reasonable attorney fees. If in any proceeding the Commission finds that a tenant's assertion of a retaliatory action or practice was in bad faith or without substantial justification, the Commission may order the tenant to pay the landlord damages not to exceed the equivalent of three months' rent and reasonable attorney fees.
C. 
Enforcement of Commission Decisions. In addition to the enforcement provisions set forth in Chapter 6.40, any award of damages not paid when due may be enforced by the party to whom the award was granted in a court of competent jurisdiction, and the court is authorized to grant judgment for such damages plus interest from the date payment was due.
(prior code § 6-608/Ord. 2003-7 § 1 (part), 2003/Ord. 2010-16 § 1 (part), 2010/Ord. 2013-25 § 1, 2013)
A. 
In cases where the Commission finds that actual or constructive eviction would likely occur before the issuance of a final opinion and order, the Commission may issue an interim order requiring or prohibiting specific action by one or more of the parties, so as to prevent such actual or constructive eviction.
B. 
Interim order shall require the assent of a majority of the panel members assigned to hear the complaint and shall be in writing.
C. 
Subsequent to the issuance of an interim order, a final opinion and order of the Commission will be issued. A final opinion and order may affirm, modify or reverse the interim order.
(prior code § 6-609/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
After the hearing on a complaint, the Commission panel shall state its findings of fact and conclusions of law in a written opinion and issue it with a written order, which shall constitute the final opinion and order of the Commission.
B. 
The decision on a fair return rent increase petition and the Commission's rulings on any objections to the decision shall constitute the final opinion and order of the Commission.
C. 
The decision of the Commission panel may be made by a majority of the panel. If no two members of the panel agree on a decision, the complaint or petition shall be decided in accordance with Section 6.24.120.
(Formerly 6.24.120/prior code § 6-611; Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
If a Commission panel is unable to reach a decision concerning a complaint or petition as a result of no two panel members joining in a decision, such complaint or petition shall be referred to the full Commission. The Commission shall convene and decide the matter based upon the record before the Commission panel. The Commission shall state its findings of fact and conclusions of law in a written opinion and issue it with a written order, which shall constitute the final opinion and order of the Commission. The full Commission decision shall be made by a majority vote of those present at any meeting at which there is a quorum.
(Formerly 6.24.110/prior code § 6-610; Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)
A. 
Reconsideration.
1. 
Motion to Clarify, Reconsider or Amend an Opinion and Order. On motion of any party filed within 14 calendar days of the date of an opinion and order of the Commission, or at any time for a compelling reason at the request of a governmental agency or court of competent jurisdiction, the Commission may reopen the case to receive additional evidence, may amend its findings or its statement of reasons for the decision, may set forth additional findings or reasons, may enter new findings or new reasons, may amend the order or may enter a new order. A motion to alter or amend an opinion and order shall stay the time for filing an appeal until the Commission rules on the motion.
2. 
Newly Discovered Evidence. On motion of any party filed within 30 calendar days after the date of an opinion and order of the Commission, the Commission may grant a new hearing or issue a new administrative decision on the ground of newly discovered evidence that could not have been discovered by due diligence before the hearing or administrative decision.
3. 
Fraud—Mistake—Irregularity. On motion of any party filed at any time, the Commission may take any action that it could have taken under subsection (A)(1) of this section in case of fraud, mistake or irregularity.
4. 
Clerical Mistakes. Clerical mistakes in the opinion and order or other parts of the record may be corrected by the Commission at any time on its own initiative or on motion of any party. During the pendency of an appeal, such mistakes may be corrected only with leave of the court.
B. 
Appeals. Any person aggrieved by a final opinion and order of the Commission on a complaint or on objections to a decision regarding a fair return rent increase petition may file a petition for judicial review with the Clerk of the Circuit Court of Montgomery County. The procedures for an appeal from the opinion and order of the Commission shall be governed by Title 7, Chapter 200 (Judicial Review of Administrative Agency Decisions) of the Maryland Rules, as amended.
1. 
Time for Filing. A petition for judicial review shall be filed within 30 calendar days from the date of the opinion and order.
2. 
Service on the Commission. A copy of the petition for judicial review shall be served on the Commission.
(prior code § 6-612/Ord. 2003-7 § 1 (part), 2003; Ord. 2013-25 § 1, 2013)