Maryland Headlines

Bills recently filed with the Prince George’s County Council seek to impose additional liability on owners of multifamily rental properties for nuisances and limit conversions of such properties to condominiums.  Although neither bill has been scheduled yet for a work session or public hearing, AOBA welcomes members’ thoughts on the bills and volunteers to testify before the Council.

CB-26  - Nuisances (Councilmember Franklin, et al) – This bill would add residential properties to an expanded nuisance law, enabling the County Nuisance Abatement Board to enjoin, fine and imprison property owners that they find have allowed certain drug, prostitution or gang-related nuisances to exist on their property.  Actions of the Board may be appealed to the Circuit Court.  These actions are in addition to the existing authority of the State’s Attorney, under state law, to file suit to abate nuisances.  See a related  news story about the bill.

CB-27 – Conversion of Rental Housing (Councilmember Lehman) -  This bill would put extensive regulations and limits on condo conversions, demolitions or other actions that displace tenants or end the use of certain multifamily rental housing.  Property owners would be required to offer the County a right of first refusal to purchase the property unless a contract of sale contains a written agreement prohibiting the buyer from converting the property for at least three years.  These provisions would be in addition to existing state law that governs condo conversions.

Contact Ron Wineholt for further information at rwineholt@aoba-metro.org .

 

AOBA is pleased to provide members with our 2013 Maryland General Assembly Legislative Report, a summary of key legislation monitored and acted upon by AOBA during the 2013 Maryland legislative session.

Members have much at stake in the outcome of legislation debated in Annapolis - taxes, energy costs, property regulation and liability exposure all affect the cost of doing business.  AOBA continues to be successful in advocating on behalf of multifamily and commercial property owners and making a difference in the outcome of important legislation.

Sincere thanks to AOBA members who served on the Maryland Legislative and Regulatory Issues Committee, along with other members who were actively engaged on legislative issues.  If questions arise regarding any information included in this report or the positions taken by AOBA, please contact MD Vice President of Government Affairs Ron Wineholt at (301) 261-1460 or rwineholt@aoba-metro.org.

Note: The most recent Maryland At Issue item reporting on the fate of the dog liability bills inadvertently indicated that property owners could be liable for “injuries caused by a pit bull or mixed-breed pit bull” owned by a tenant.  While that was the standard announced by the Maryland Court of Appeals in the original Tracey decision, the Court reconsidered and issued a revised decision in August 2012 that limited the strict liability of owners only to “pure bred” pit bulls.

 

Although all bills concerning lead paint liability died at the 2013 Maryland General Assembly session, owners and managers of rental housing built before 1978 should start taking steps this year to meet the significant regulatory and financial requirements for lead paint that will be effective Jan. 1, 2015.  Legislation enacted in 2012 will extend Maryland’s lead paint law for rental properties built before 1950 to rental housing built before 1978.

Since there will likely be a shortage of companies in 2014 to perform the required lead paint testing by the Dec. 31, 2014 deadline, prudent owners and managers of multifamily rental properties will contact certified inspectors and contractors this year to begin the compliance process.  Unless the property is certified as lead-free by an inspector, requirements include:

• Registration with the Maryland Department of the Environment (MDE) and payment of $30 annually for each rental unit.
• Distributing an information packet to new tenants and every 2 years thereafter regarding lead paint.
• Meeting risk reduction standards to abate any chipping, flaking or peeling paint in the interior or exterior of the property.
• Obtaining a verification inspection certificate showing that the risk reduction standards were met.

Substantial penalties ($20 per unit per day) can be applied to properties that are not in compliance by Jan. 1, 2015.  For more information see:

• Lead paint compliance information from MDE
• A list of certified contractors and inspectors. Also check AOBA’s membership directory for associate members that are certified to perform lead paint consulting and inspections.

 

 

 

 

 

 

During its 2013 session the General Assembly enacted the most sweeping series of campaign finance reforms in a generation.  Although AOBA took no position on HB 1499 , the bill will make significant changes in how business owners may make campaign contributions to candidates for state and county offices starting Jan. 1, 2015.  Many of the changes stem from recommendations of the Commission to Study Campaign Finance Law, including:

• Increased Contribution Limits - The maximum contributions that a person may make during a four-year election cycle to one candidate is increased from $4,000 to $6,000, and for all candidates from $10,000 to $24,000.  These limits will be subject to CPI-based increases starting in the 2019 election cycle.
• PACs – Transfer limits for political action committees were not altered, and remain at $6,000 per candidate per election cycle with an unlimited total for all candidates.  PACS organized under Maryland law must prominently note on their checks “MD registered PAC.”
• Business Entity Contributions - The bill will aggregate campaign contributions from related business entities (including corporations, LLCs, partnerships, limited partnerships, REITs and sole proprietorships) if the entity is a wholly-owned subsidiary or controlled by at least 80% of the same individuals or entities.  This will have the effect of combining the contributions of the related entities as if they were one contributor for purposes of the campaign contribution limits.
• Persons Doing Business With Government – Reports of campaign contributions by officers, directors or partners of a business entity will be required semiannually when the entity has a contract of over $200,000 to do business with the State of Maryland or a local government in the State.  The report must be filed electronically and reflect contributions in the cumulative amount of $500 or more to any candidate for office with the jurisdiction.
• Independent Expenditures – The reporting of independent expenditures and electioneering communications made by persons will be subject to enhanced and faster reporting to the State Board of Elections.
• Earlier Primary Filing Deadline – The deadline for an individual to file a certificate of candidacy for a state or county office will be moved up from mid-April of a gubernatorial election year to the last Tuesday in February.  That deadline will fall on February 25, 2014.

 

 

 

 

The Maryland General Assembly ended its 90 day session with many wins and a few losses for AOBA members.  Here is a quick recap of some of the important issues that AOBA fought for and against, and their outcomes.  A more comprehensive summary will be sent to AOBA members as soon as bills are reprinted.

Dog Liability Bill Dies Amid Fracas

A last day effort to establish breed neutral dog liability standards collapsed on the House floor amid shouting and finger pointing, leaving in place for at least another year the Court of Appeals’ decision targeting pit bull owners and their landlords.  The Senate had earlier unanimously approved compromise language that would have imposed strict liability for owners of dogs that injured a child under the age of 13, with lesser standards of liability for injuries to older individuals.  Landlords and other third parties would have been returned to the common law standard imposing liability if it could be proven that the landlord had knowledge of the dog’s presence on the leased premises, knowledge of its vicious propensities, and the landlord maintained control over the leased premises.

AOBA had worked for the past year with other rental housing providers and dog advocates to convince legislators of the need to establish rational, breed neutral standards for dog liability.  These efforts could not overcome the deep differences between the House and Senate, personality clashes, lack of sympathy for pit bulls, delays that pushed the issue to the final day of the session and a complex compromise that pleased few.

Rental housing providers must evaluate their exposure to lawsuits in light of the General Assembly’s inability to enact legislation overturning the Tracey v. Solesky decision of the Court of Appeals.  Landlords that permit a dog on their premises that could be construed by a judge or jury to be a “pure bred pit bull” will continue to face strict liability for any injuries caused by the dog.

Bills Enacted

• Recordation and Transfer Tax - AOBA supported measures that will bring equity to the recordation and transfer taxes.   SB 202 and HB 372 will add LLCs to the types of business entities that are exempt from the recordation and transfer taxes when transferring property between a parent and wholly-owned subsidiary.  SB 436 and HB 1209 will raise the amount of an indemnity mortgage deed of trust that is exempt from the recordation tax from $1 million to $3 million and clarify that the tax only applies to additional debt incurred above the existing principal balance.
• Personal Property Tax – AOBA was a lead supporter for SB 573 and HB 1190 , which will enable counties to reduce business personal property tax rates independent of the real property tax rate.
• Filing Fee Surcharge - SB 640 and HB 838 will extend for another 5 years the surcharge on certain court fees used to fund the Maryland Legal Services Corporation.  AOBA was successful in getting the surcharge sunset date extended, rather than repealed.
• Maryland Accessibility Code Enforcement - HB 1279 will create a private right of action for an occupant, dependent of an occupant, or a prospective tenant to enforce the Maryland Accessibility Code when certain buildings have new construction, additions, or alterations.  AOBA was able to narrow the scope of the bill and remove the awarding of punitive damages.
• Energy Surcharges - Over AOBA’s objections, SB 8 and HB 226 were passed by wide margins, respectively authorizing a customer surcharge for gas infrastructure replacement and subsidizing the possible construction of off-shore wind turbines.  Fortunately, the subsidy for wind turbines will only be collected in the unlikely event that the turbines are built.

Bills That Failed

• Rent Control – AOBA led the opposition to HB 315 , which would have imposed statewide rent control and a standard of “just cause” for evictions for rental properties.
• Source of Income - SB 487 and HB 603 would have made it a discriminatory practice for a landlord to refuse to rent to an individual based on the source of their income and were designed to force all landlords to participate in the federal Section 8 voucher program.  After a strong floor fight, the Senate defeated SB 487 on a 23 to 22 vote.  AOBA also successfully opposed        SB 1059, which would have imposed sanctions on landlords that required an application fee from a prospective tenant who intended to use a source of income that was not accepted by the landlord.
• Balcony Inspections - SB 18 , which would have required balcony inspections of multifamily dwellings every 10 years, was substantially amended to address concerns of multifamily dwelling owners and local governments.  However, the bill died on the Senate floor on a 21 to 25 vote.
• Smoking Lawsuits – AOBA was successful in getting the Montgomery County Delegation to adopt significant amendments to HB 676 , which would have authorized a tenant to sue another tenant who caused smoke to drift into their apartment unit more than once in a 14 day period.  AOBA’s amendments ensured that the bill imposed no duty or liability on owners or managers of the property.
• Eviction Process – AOBA was joined by sheriffs and other witnesses in opposition to HB 968 , which would have shifted the responsibility for mailing and posting court summonses in the eviction process from the sheriff to the landlord.
• Split Property Tax Rates - SB 707 and HB 161 would have granted counties the authority to adopt differential tax rates on classes of real property, an issue long opposed by AOBA.
• LLC Company Representative – AOBA led the opposition to HB 881 , which would have required every LLC doing business in Maryland to appoint a company representative, and include the individual’s name, address, telephone number and email address in the articles of organization.
• False Claims – AOBA was the only opponent to HB 509 , which would have imposed fines of $10,000 per occurrence and treble damages for a person determined to have submitted a false claim for payment to a state or county government.
• Criminal Records Shielding - SB 701 and HB 1006 would have enabled persons convicted of certain misdemeanors to shield those criminal records from public access.
• Lead Paint – A number of bills were introduced to alter various aspects of Maryland’s lead paint remediation and liability laws – all of which died in the House Environmental Matters Committee.
• Interest on Security Deposits – The perennial attempt to adopt a market-based interest rate for funds held by as security deposits failed again.  HB 45 passed the House overwhelmingly, but the Senate Judicial Proceedings Committee killed SB 337 on a 6 to 5 vote – ending the issue for another year.
• Municipal Tax Authority – AOBA supported HB 820 and SB 893 , which would have limited the authority of municipalities to place burdensome property taxes on narrowly-drawn classes of real property.

 

 

 

 

 

 

A last day effort to establish breed neutral dog liability standards collapsed on the House floor amid shouting and finger pointing, leaving in place for at least another year the Court of Appeals’ decision targeting pit bull owners and their landlords.  The Senate had earlier unanimously approved compromise language that would have imposed strict liability for owners of dogs that injured a child under the age of 13, with lesser standards of liability for injuries to older individuals.  Landlords and other third parties would have been returned to the common law standard imposing liability if it could be proven that the landlord had knowledge of the dog’s presence on the leased premises, knowledge of its vicious propensities, and the landlord maintained control over the leased premises.

AOBA had worked for the past year with other rental housing providers and dog advocates to convince legislators of the need to establish rational, breed neutral standards for dog liability.  These efforts could not overcome the deep differences between the House and Senate, personality clashes, lack of sympathy for pit bulls, delays that pushed the issue to the final day of the session and a complex compromise that pleased few.

Rental housing providers must evaluate their exposure to lawsuits in light of the General Assembly’s inability to enact legislation overturning the Tracey v. Solesky decision of the Court of Appeals.  Landlords that permit a dog on their premises that could be construed by a judge or jury to be a “pure bred pit bull” will continue to face strict liability for any injuries caused by the dog.

 

 

 

 

The Maryland Senate has unanimously approved the conference committee report on SB 160, establishing standards of liability for personal injury or death caused by a dog.  As amended by the conference committee report, the emergency bill: 1) Establishes strict liability for a dog owner if the individual injured or killed by a dog is under the age of 13; 2)  For the owner of a dog that injures or kills an individual age 13 or over, there will be a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities, which may be rebutted with a preponderance of the evidence; and 3) For landlords and other third parties, restores the pre-Solesky common law standard of liability.  Under common law, a landlord would be held liable for damages caused by a tenant’s dog if it could be proven that the landlord had knowledge of the dog’s presence on the leased premises and knowledge of its vicious propensities, and the landlord maintained control over the leased premises.

The conference committee report now moves to the House.

 

 

The Senate Judicial Proceedings Committee approved SB 487 on a 6 to 5 vote, which would make it a discriminatory practice for a landlord to refuse to rent to an individual based on the source of their income.  The bill was supported by Senators Forehand, Frosh, Gladden, Muse, Raskin and Stone.  Opponents were Senators Brochin, Getty, Jacobs, Shank and Zirkin.

The bill is designed to force all landlords to participate in the federal Section 8 voucher program.  AOBA and other multifamily rental housing providers have opposed the bill, citing concerns regarding rent limits, uncertainty of payment, additional inspections, and housing agency paperwork.  Although the bill was amended to terminate in 5 years, experience has shown that sunset provisions rarely are allowed to take effect.  The bill now moves to Senate floor for debate.  Please contact your Senators to oppose SB 487. 

The Senate Judicial Proceedings Committee will vote any day on SB 487 , which would make it a discriminatory practice for a landlord to refuse to rent to an individual based on the source of their income.  The bill is designed to force all landlords to participate in the federal Section 8 voucher program.  AOBA and other multifamily rental housing providers have opposed the bill, citing concerns regarding rent limits, uncertainty of payment, additional inspections, and housing agency paperwork.  The bill will likely pass or fail in the Committee by one vote, and be controversial if it comes to the full Senate floor.  Please contact your Senators to oppose SB 487.

Amendments adopted by the Senate Judicial Proceedings Committee on the Senate’s dog liability bill (SB 160) will delay the quick resolution of this important issue.  The House of Delegates had earlier unanimously passed HB 78 with clarifying amendments. However, the Senate Committee’s amendments last week made more substantive changes to the “compromise” bill that are causing concerns on the House side.

One controversial amendment would require clear and convincing evidence, rather than a preponderance of the evidence, for a dog owner to overcome the presumption that their dog had vicious or dangerous propensities.  Some feel that this moves the standard closer to strict liability, which is objectionable to the House.  The Senate bill will be on the Senate floor during the week of March 11th and may go to a conference committee if the House rejects the Senate amendments.  While legislators universally agree that landlords and other third parties should be restored to the previous common law standard of liability, the resolution of this issue for AOBA members is again being delayed by disputes over dog owner liability.

 

 

Transportation funding took on new life as Maryland legislators attempted to keep pace with Virginia’s recently enacted transportation package.  Of immediate concern was SB 707 , which would authorize counties to impose additional property taxes on classes of real property in a special taxing district, with the proceeds used to fund transportation operating and capital costs.  AOBA strongly opposed this bill on the grounds that it would be used by counties to burden commercial property owners with discriminatory levels of property taxes to fund transportation projects more appropriately funded with broad based taxes.

Governor O’Malley also introduced his proposal to fund transportation costs (SB 1054 / HB 1515_) that would raise $3.4 billion over five years.  The legislation includes the following components:

• Reducing the current gas tax rate by 5 cents, but applying a CPI increase to the rate in future years.
• Imposing a 4% sales tax on the wholesale price of gas, phased-in over 2 years.
• Dedicating additional sales tax revenues to transportation if Congress enacts legislation authorizing states to apply the sales tax to Internet transactions.  If that legislation is not enacted, the sales tax on gasoline would increase to 6% in 2015.
• Conducting a study by December of 2013 regarding establishing regional transportation authorities with taxing powers in the Baltimore and Washington areas.

Emergency legislation designed to resolve the uncertainty of dog liability for owners and landlords in Maryland recently passed the House of Delegates 133 - 0.  The bill would overturn the MD Court of Appeals decision in Tracey v. Solesky that owners of purebred pit bulls and landlords of tenants with such dogs are strictly liable for actions of the dogs.

SB 160 and HB 78 would create a rebuttable presumption, in cases involving personal injury or death caused by a dog, that the owner knew or should have known of the vicious or dangerous propensities of the dog.  The bill is breed neutral.  More importantly for AOBA members, the bills would restore the pre-Solesky common law standard of liability for other third parties such as landlords.  Under common law, a landlord would be held liable for damages caused by a tenant’s dog if it could be proven that the landlord had knowledge of the dog’s presence on the leased premises and knowledge of its vicious propensities, and the landlord maintained control over the leased premises.

What’s Next? The Senate Judicial Proceedings Committee now has both the House and Senate bills.  We expect that committee to vote shortly on both bills, perhaps making minor changes to the bill passed by the House.

 

 

AOBA asks for members’ help in opposing House Bill 315, which will be heard by the House Environmental Matters Committee of the MD General Assembly on Feb. 28^th at 1:00pm.  The bill would damage the market for rental housing in Maryland by imposing rent controls of 5% annually for properties with 4 or more rental units.  The bill would prohibit a landlord from refusing to renew a tenant’s lease without “just cause” and also prohibit a landlord from being named as a beneficiary on a tenant’s insurance policy.  See a copy of the bill. AOBA will file written testimony, testify in opposition to House Bill 315, and is urging members to express their opinion to legislators.

Responding to concerns expressed by AOBA, judges on the District Court for Montgomery County have taken steps to ensure the timely signing of warrants of restitution. A review of the signing process by the Court brought about several recommendations for speeding the signing of writs, including: having clerks distribute writs to judges in smaller batches, ensuring that judges are available when the writs are distributed, and setting a standard of thee work days for completion of signing. The review also noted that delays are sometimes the result of a miscalculated fee, which if paid with one check, can delay several writs. The Court also noted that although current law allows warrants to be filed four days after a judgment for possession is entered, a month or more sometimes elapses before warrants of restitution are filed by a property owner.  Ultimately, automation of the filing process within the next few years will hold the promise of further reducing delays. AOBA thanks Judge Gary Everngam and his colleagues in District 6 for their attention to our Association's concerns.

Legislation has been introduced to the Anne Arundel County Council on behalf of the County Administration to impose a storm water remediation fee on all improved real property in the County outside of Annapolis.  Bill Number 2-13 would implement state legislation enacted last year requiring metropolitan counties to adopt storm water management fees by July 1, 2013.  The Council will hold a work session on the bill February 13^th, and a public hearing on the bill Feb. 19^th

 

HB 315 has been introduced by Delegate Sheila Hixson and six of her Montgomery County colleagues to significantly change residential leases in Maryland.  The bill would prohibit a landlord from using a lease containing a provision that requires a tenant to carry renter's insurance naming the landlord as beneficiary. Except to reflect cost increases due to taxes, utilities or capital improvements, the bill would restrict rental fee increases for occupied residential rental units to 5% of the base rent.  Landlords would be required to provide tenants documentation for the basis of rent increases, and a tenant would be allowed to petition the District Court for relief to prevent unlawful rent increases.  It would also prohibit a landlord renting four or more residential units from evicting a tenant in the absence of just cause.  AOBA will oppose this bill as it has strongly fought rent control bills and legislation limiting grounds for evictions.  The bill has been assigned to the House Environmental Matters Committee and will be scheduled for hearing shortly.

Compromise emergency legislation was introduced in the Senate and House that would resolve the uncertainty of dog bite liability stemming from the Maryland Court of Appeals Solesky decision. SB 160 and HB 78 would create a rebuttable presumption, in cases involving personal injury or death caused by a dog, that the owner knew or should have known of the vicious or dangerous propensities of the dog.  More importantly for AOBA members, the bills would restore the pre-Solesky common law standard of liability for other third parties such as landlords.  Under common law, a landlord would be held liable for damages caused by a tenant’s dog if it could be proven that the landlord had knowledge of the dog’s presence on the leased premises and knowledge of its vicious propensities, and the landlord maintained control over the leased premises.

These bills are a good resolution of this issue for AOBA members. HB 78 is scheduled for a hearing on Jan. 30^th in the House Judiciary Committee, and SB 160 will heard on Feb. 5^th in the Senate Judicial Proceedings Committee. AOBA expects the bills to move quickly to enactment. See an article describing the compromise bills.

 

The Washington Suburban Sanitary Commission is seeking public comment this month on proposed amendments to adopt the 2012 International Plumbing and Fuel Gas Codes.  The proposed changes would also make technical and administrative modifications to the 2011 WSSC Plumbing and Fuel Gas Code.  AOBA members are urged to review the WSSC announcement and proposed code changes .  Comments are due by Jan. 29, 2013.  For more info, please contact Thomas Buckley, Code Planning and Cross-Connection Coordinator: tbuckle@wsscwater.com, 301.206.8606.

Just in time for the upcoming 2013 Maryland General Assembly session, the legislature has released a redesigned website that offers improvements for viewers tracking developments in Annapolis.  Reset your bookmarks to this site to access copies of bills, hearing schedules or other important legislative documents. More features are now available on the home page of the site and bill tracking lists are easier to compile and download.  There have been 87 Senate and 60 House bills pre-filed to date for the session that begins January 9^th.

The Maryland District Court will require new forms to be used for eviction cases filed after January 1, 2013.  The Petition for Warrant of Restitution (DC/CV 81), the Failure to Pay Rent (DC/CV 82), and the Failure to Pay Park Owner's Complaint for Repossession of Rented Property (DC/CV 82 MH) have been revised for clarification and to improve the forms' readability.  While examples of the revised forms are shown on these links, the printed multi-part forms that will be filed must be ordered from the District Court’s warehouse at 2002A Industrial Drive Annapolis, MD 21401 (tel: 410-260-1650).

If you have any questions regarding this form revision, please contact Polly Harding, Administrator of Administrative Services, at District Court Headquarters at 410-260-1638.

 

 

Maryland AOBA Vice President of Government Affairs Ron Wineholt recently testified against legislation that would create liability for multifamily property owners and managers in Montgomery County for smoking lawsuits by residents. MC 10-13 , introduced by Delegate Ben Kramer (D – Dist. 19) would expand the definition of “nuisance” to include, in Montgomery County, tobacco smoke that drifts from a residential or commercial unit into any residential unit more than once in a 14-day period.  The bill authorizes an individual harmed by the nuisance to bring an action to abate the nuisance or for compensatory or equitable relief against the person found to have created the nuisance.  Wineholt told the Montgomery County House Delegation at a public hearing in Rockville that the bill would cause multifamily property owners and managers to be named as defendants in such cases, burden them with litigation time and expense, and allow judges to order costly improvements to multifamily dwellings.  He urged the Delegation not to sponsor the bill. For details or a copy of AOBA’s testimony, please contact Ron Wineholt at rwineholt@aoba-metro.org

 

A Prince George's County Bill, CB-88-12, started as a simple concept: provide residents facing eviction with the date that the Sheriff is coming and they would voluntarily remove their property before that date.  Residents would get a date certain for eviction, and community owners would be able to change the locks on eviction day and dispose of abandoned property at their convenience. That’s the way evictions have worked in Baltimore City for the past five years. However, as amended by a Council Committee and the full Prince George’s County Council, the bill helps neither residents nor property owners, while ensuring an even more protracted and costly eviction process. AOBA opposes the bill in its current form and strongly urges members to take action.  The County Council will have a public hearing on the bill on Tuesday, Nov. 20^th at 10:00 a.m.

For further info, contact Ron Wineholt at rwineholt@aoba-metro.org.

 

 AOBA invites members with Maryland properties to join us for a Joint Legislative Committee Meeting with the Maryland Multi-Housing Association on Monday, Nov. 12, 2012, from  10 am to Noon at The Hotel at Arundel Preserve, 7795 Arundel Mills Blvd. in Hanover, MD. Bring your rising leader and join us for wide-ranging discussion of issues! To RSVP, please email Ron Wineholt at rwineholt@aoba-metro.org

 

Legislation is advancing that would raise fire inspection fees in Prince George’s County for all types of properties. The bill received a favorable report this week from the Public Safety and Fiscal Management Committee of the Prince George’s County Council, moving to the full Council for introduction. Fire inspection fees would increase for apartments from $75 to $120 per building.  AOBA worked to ensure that the per unit fee increase from $2 to $2.50, would only apply for each unit actually inspected (typically no more than 10% of total units are actually inspected).  The bill also would mandate the installation of carbon monoxide detectors in all new and existing residential dwellings, including multi-family structures, by July 1, 2014.  At least one detector must be installed in close proximity to the access for each sleeping area.  For a new residence the carbon monoxide detector must be hardwired into the building’s power supply and have a battery backup.  For an existing residence the detector may be either hardwired with a battery backup or only battery powered.