The Passage of The Rental Dwelling Health and Safety Enforcement Act
On Monday, October 19th, the Baltimore City Council successfully passed the bill I led sponsorship of, 25-0141 - The Rental Dwelling Health and Safety Enforcement Act. Thank you to my colleagues, coalition members, the Baltimore City Department of Housing and Community Development (DHCD), as well as the Department of Legislative Reference and Law for their tireless work and countless hours in making this bill happen.
Less than half of our rental properties in the city are properly licensed. That is unacceptable, and it must change so that residents can live in decent conditions. While some landlords may have trouble obtaining a rental dwelling license, there are hundreds who intentionally avoid obtaining one. In addition, they do not pay their fines or water bills, and do not care about the conditions in which the residents are living.
Moreover, Baltimore City is the only jurisdiction that has a rental license requirement that works with third party inspectors hired by the property manager or landlord. This bill aims to reduce the fraud that many of us have seen, where licenses should never have been issued.
It is designed to reward those who are working to meet the requirements, and penalize those who are not.
The Rental Dwelling Safety and Enforcement Act is comprehensive. Several provisions will take effect immediately, while others will be enacted on December 31, 2027.
Enacted Immediately Upon the Mayor’s Signature:
Applies to all rental properties, not just those with more than 20 units.
Establishes Rental Licensing Receivership, allowing DHCD to take the most egregious violators of our housing code and rental laws to court, and the court could assign a receiver to bring the property up to code and sell it to a new owner.
Provides a ramp off for a property to be removed from the Priority Dwelling designation. If all violations are abated within 90 days of designation, and a management and maintenance plan is submitted, along with any other conditions imposed by DHCD, then the building can be removed from the Priority Dwelling designation.
Removes the five year Priority Dwelling designation.
Ensures that a license can be revoked if the landlord uses intimidation tactics or extortion.
Adds a tenant complaint process beyond the 311 process for cases with multiple violations and requires the Commissioner to respond in writing to those complaints.
Changes the appeal process to require an administrative appeal first, then the complainant could file a judicial appeal.
Enactment on December 31, 2027:
Requires DHCD to provide property owners with reminder notices for their licensees prior to renewal.
Requires DHCD to notify property owners of non-owner occupied properties of the obligation to register and to license the property if it is a rental dwelling.
Requires DHCD to audit more than 100 current rental dwelling licensees to ensure compliance and reduce fraudulent document filings.
Requires the property manager or building owner to disclose more information about the ownership of the property.
Prevents rental dwelling licenses from being renewed or issued if the water bill is not paid.
Changes how landlords select rental inspectors to avoid conflict of interest - landlords cannot use the same third-party rental inspector each time they renew a property for four renewal periods.
For buildings with more than 20 units that are specifically for older adult living, DHCD will establish customer service training for all staff of the management company, which must be taken as a condition of their rental license.
Requires inspectors to upload photos to prove inspections.
Creates a Rental Inspector Licensing Process, where all rental inspectors must have a license to inspect in Baltimore City, and the rental dwelling license will not be valid if an unlicensed inspector conducts an inspection.
