State
AOBA Prepares for the 2010 Maryland General Assembly Session
AOBA and the Maryland Multi-family Housing Association (MMHA) held their annual joint Legislative Committee meeting on October 26. The meeting was hosted by Southern Management, Corp. in Oella Mill, a fabulous historic renovation located in Ellicott City.
The two organizations shared ideas and predictions for the upcoming 2010 Session of the Maryland General Assembly. A major, agreed-upon concern is that there will be “creative” efforts to raise money to help balance the State budget-- and our memberships must be extremely vigilant. One such proposal is likely to come from Maryland Legal Services (MLS), which has already indicated that it is seeking legislation to increase and/or add a surcharge to all court filing fees. AOBA and MMHA will meet this month with the head of MLS to discuss its proposal in advance of introduction, as such an increase would be certain to have an impact on our memberships.
Additional areas of mutual concern to our organizations were identified, including the reintroduction of “just cause” and “retaliatory” eviction bills; enhanced lead dust testing requirements; mold remediation; stormwater/impervious surface area fees; classified tax rates aimed at shifting a higher tax burden to commercial properties; and altering the interest rate on security deposits. The state-wide Towing Task Force, on which AOBA and MMHA both sit, will be recommending legislation to regulate towing practices. Finally, one of AOBA’s top priorities will be to fight O’Malley Administration legislation seeking to partially re-regulate Maryland’s electric market, which could result in ending the right of residential and small commercial customers to choose their electricity provider.
When to Start Providing Heat?
It is that confusing time of year again, when it is not always cool enough to turn on the heat full-time in your building, but some residents would like heat on the cooler-than-usual days. In the Washington area, the temperatures can vary as much as 30 degrees from day to day when the seasons are changing. What does the law say about when heat is required?
State: Maryland law requires heat to be supplied, but no date for turning on heat (or air conditioning) is specified in the State Code (See 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."
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.
Montgomery County
Fire/Life Safety Issues
In 2005, the Montgomery County Fire and Rescue Services (MCFRS) were restructured, creating the first-ever County Fire Chief. As a result of the restructuring, several new Executive Regulations were enacted which required the MCFRS to implement and enforce existing fire safety inspections and code requirements. This change in structure has subsequently created confusion and frustration among building owners/managers, particularly regarding applicable code standards, conduct of inspections, and code enforcement actions.
AOBA members voiced their growing concerns and frustrations about these matters to County Executive Ike Leggett during his September 22, 2009 quarterly meeting with us. The Executive was alarmed by the issues we raised, and has since ordered the formation of an executive staff-level working group, that will also include AOBA and other affected industry representatives, to investigate and initiate a coherent and coordinated fire code enforcement program. The goal will be to provide maximum safety to the tenants and residents of the County, while allowing buildings to be operated efficiently and cost effectively. The group should be officially organized by the end of November.
In the meantime, Division Chief and Fire Marshal Mike Love invited key MCFRS members and AOBA members to a meeting on October 15, for the purpose of beginning a dialog on the issues AOBA has raised, as well as those that MCFRS may feel exist. For their part, property owners/managers brought two immediate concerns to the table: 1) there must be a clear and mutual understanding on exactly which “model” codes and standards, and with what lawfully adopted local variations, the County is enforcing; and 2) there must be a consistent set of inspection standards and procedures that MCFRS will follow and which are made well known to the public.
This initial meeting went well, and all agreed that it should mark the first in a series of such meetings. The next meeting is scheduled for December 2 at 1:30 pm.
Census 2010
Census Day is April 1, 2010. The U.S. Constitution requires that a national census be conducted once every 10 years, and it is critical that everyone participate to ensure an accurate count. The results of the census will be used to allocate billions of dollars to states and communities, and County Executive Leggett recently announced that the County’s efforts to ensure a complete count of its population will focus on counting groups that are often underreported in the census. Mr. Leggett has created a “Complete Count Committee” and has asked AOBA to serve on it, in light of our members’ ability to reach out to the County’s tenant population.
AOBA anticipates participating in a similar initiative in Prince Georges County.
Prince George’s County
Eviction Update
AOBA is continuing to work to permanently eliminate the backlog of evictions in Prince George’s County. AOBA’s approach to improving the time-frame has been to identify and address, with member input, each component in the process where delays have or may occur: the Courts, the Sheriff, the property owner/manager and legal counsel. AOBA is working with each component to bring the eviction process within an acceptable time frame.
Sheriff: The situation regarding delays in executing writs for the non-payment of rent has vastly improved, but there are still “hiccups” needing attention. According to the Sheriff, every writ is currently scheduled and most management companies now have a set schedule for the execution of writs.
Court: It appears that there may be some delay in the Judges’ signing of writs, which can then delay the delivery of a writ to the Sheriff. If you are experiencing delays in this area, you are encouraged to document those cases and the amount of time it is taking between judgment and the signing of the writ. Please forward this information to lhoover@aoba-metro.org (a case number must be included), as these examples will assist in our discussions with the Court.
Property owners/managers and Attorneys: Property owners and managers are encouraged to make sure that all information is timely forwarded to their attorneys for filing, and that attorneys are directed to file for the writs as soon as permitted after receiving judgment.
Additionally, if there is to be sustained and permanent improvement, it is important that property owners/managers strive to follow the Sherriff’s requested protocols. Recently, a property manager actually cancelled the execution of two writs-- after the Sheriff arrived on the property-- because the property manager felt that that the writ was being executed too quickly and that the resident should be given more time to pay. The property manager spontaneously dismissed the writs, and the resulting down-time for the Sheriff was time that could have been used to execute writs on another property. Owners/managers are asked to bear in mind that dismissals affect more than just their property, they affect the entire operation; the end result of not timely notifying the Sheriff, after deciding not to follow through with a writ, is lost time and resources for fellow property owners and managers.
In ALL Jurisdictions: Unsurprisingly, given these difficult economic times, the number of non-payment of rent cases has increased. Along with the increase in filings, there has been a significant increase in the amount of rent owed being claimed in any given case, and in the number of contested cases.
Frequently, contested cases are continued at the request of the property owner/manager, to give its legal counsel adequate opportunity to obtain witnesses and documentation required to prove the case. These continuances, however, are also resulting in Court delays, as the cases must then be worked back into the Court’s calendar. Granting these continuances is in the Court’s discretion and, as the Court’s docket becomes more crowded, there is the possibility that they will not be as freely granted in the future. Thus, owners/managers should make sure that their legal counsel has accurate and timely information by the time a Court date arrives.
Additionally, legal counsel should be notified in advance any time the owner/manager knows of a potential problem with, or unusual aspect of, a case. Where there is a reason to believe a case will be contested, owners/managers should inform their legal counsel of the nature of the resident’s likely defenses, if known. Whenever possible, owners/managers and their legal counsel should have all necessary witnesses and documentation available on their scheduled trial date. Where a witness is not going to be available, your legal counsel should be given the reason for the witness’ unavailability, to assist your counsel in arguing for and obtaining a continuance. In all cases, on court dates a knowledgeable person should be immediately available by phone to legal counsel.
Failure to be prepared so that a trial can move forward as scheduled may result in the dismissal of the case, again adding yet another delay.
Towing Legislation Advances
As reported last month, Prince George’s County Council Members Exum (D), Dernoga (D) and Knotts (D) introduced CB 40 -2009, a bill to regulate the towing of illegally parked vehicles from private property in the County. The Exum bill came after various recommendations were made by a 2007 County Task Force on which AOBA served. That Task Force was created, in large part, out of concerns about “predatory towing” allegedly occurring in various locations, including apartment community and office building parking lots.
The Exum bill proposes licensing requirements, establishes enforcement procedures, and record keeping standards for all tow truck operators, and also sets a fee structure for licensing, towing and storage. The bill mandates the placement and contents of signage on private property, and requires that a property owner or management company seeking a tow from private property must enter into a contract with a licensed towing company and properly post the property; the bill would impose severe penalties for non-compliance on property owners and their agents.
During the Council’s Transportation, Housing and Environment Committee (THEC) October 8 work session on the bill, AOBA was successful in obtaining three amendments. One of AOBA’s amendments altered the time-frame for when a property owner/manager must be present to sign an authorization for the requested tow: current law requires no signature between the hours of midnight and 6am, and our amendment extends this period three hours, by starting it at 9pm. The second amendment clarifies the standard before imposition of penalties, by requiring a finding that the owner/manager “knowingly” misrepresented the facts. The third amendment allows a property owner/manager three months to meet the requirements for posting of the signs that must be approved by the County, and provides for one possible three month extension. The bill will come before the full Council for final adoption on November 17, 2009.
Bill to Force Property Owners to Evict Disruptive Residents Will Not Move
Also reported on last month was introduction of CB 35-2009 by Councilmember Knotts (D), which would require a property owner to begin eviction proceedings against a resident that has received three disruptive conduct reports from the Police Department within twelve months. Under the bill, “disruptive conduct” is defined to include any action that is subject to a criminal citation for disorderly conduct-- including noise disturbances where neighbors can hear the noise from within their own unit, or from 50 feet away from the rental property. Residents are to be held responsible for any disruptions caused by guests, and the eviction applies to all occupants of the rental unit.
After AOBA met with the Councilmember and subsequently testified about its concerns at the THEC’s September 24 work session, the Committee expressed serious reservations about the need for, and unintended consequences of, the bill. It then referred the bill back to Committee counsel for additional research and drafting.
The bill was amended and placed back on the THEC agenda for consideration on October 13, 2009. We are pleased to report that, once AOBA again voiced reservations about the bill, it was removed from the agenda and will not be reintroduced this year.
Bi-County
Washington Suburban Sanitary Commission (WSSC) Proposes Unit Count Billing
WSSC is considering amendments to the Plumbing and Fuel Gas Code (2009 Edition) and Standard Procedure CUS 99-02, “Billing and Collection of Water/Sewer Charges and Related Fees.” If approved, these amendments will affect metering and billing requirements for “mixed use” residential and commercial multi-unit buildings.
WSSC’s proposed amendments would require that two meters be installed in mixed use buildings containing both residential and commercial units, to allow for the separate registering or computation of residential unit and commercial unit water consumption at the building. WSSC also proposes to require that, in order to receive the benefit of “unit count” billing for occupied residential units in mixed use, multi-unit buildings, residential and commercial units must be separately metered. Additionally, customers seeking the adjustment will be required to biannually certify the number of occupied units, or whenever the vacancy rate goes above 25%.
The amendments can be seen here and are expected to become effective January 1, 2010.
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