Montgomery County Executive Marc Elrich has signed legislation mandating that landlords meet the same consumer protection standards as retail businesses, removing existing exemptions and increasing enforcement against housing code violations.
Bill 6-25, Consumer Protection for Renters, removes an exemption for landlord/tenant issues under the county’s Consumer Protection law, making new tools available to force compliance when landlords repeatedly fail to correct code violations.
County Councilmember Kristin Mink sponsored the bill, which was co-sponsored by Council Vice President Will Jawando and Dawn Luedtke and adopted on April 1.
“This bill will help protect renters from bad landlords who delay fixing housing code violations, and it will enable us to sue landlords who demonstrate a pattern of deceptive practices in Circuit Court,” Elrich said on Tuesday. “This will not affect most landlords but will send a message to the ‘bad actors’ that we mean business. Everyone deserves a safe and livable place to call home. I want to thank Councilmember Mink and the Council for their work on this important issue.”
Under existing Montgomery County law, landlords are exempt from some consumer protection laws because they are not considered “merchants.” The new law amends the language of the statutes to include landlords under the category of “merchants,” which will enable government officials to hold landlords accountable if they provide unfit rental housing, do not provide amenities as advertised, fail to repair essential building services, impose junk fees, or if they have committed chronic housing code violations.
The bill received endorsements from several labor unions and housing organizations, including MCGEO, SEIU Local 500, Action in Montgomery, CASA, the Muslim Community Center in Silver Spring, the Islamic Society of the Washington Area, the Enclave Tenant Association, Jews United for Justice, Everyday Canvassing, Progressive Maryland, and the Housing Initiative Partnership.
The new law will go into effect on July 14, 2025.
“I’m grateful to County Executive Elrich and my colleagues for their support of this bill, and to community members for their partnership and advocacy,” Councilmember Mink said. “It’s outrageous that for years on end, tenants have had no meaningful recourse if they find themselves locked into a lease with a landlord who chronically fails to meet basic housing code requirements. With this bill’s enactment, that changes. Rent – the largest expense of about 40% of our residents – will finally be protected under our Consumer Protection law, allowing the County to take substantial action against bad actor landlords who habitually subject tenants to terrible conditions. It’s a new day for tenants in Montgomery County.”
“Previously, under the County’s consumer protection laws, ‘defective tenancies’ were excluded under the scope of consumer protection, and tenants were required to file formal complaints with the Department of Housing and Community Affairs regarding housing code violations,” Mink continued. “The new law expands the Office of Consumer Protection’s authority to investigate and enforce consumer protection laws in landlord-tenant matters that may include unfair or deceptive trade practices.”
Elrich also vetoed a bill this week that would have automatically eliminated 100 percent of property taxes for 20 years for certain commercial buildings converted or demolished and converted into residential rental housing.
Expedited Bill 2-25, Payment in Lieu of Taxes-Affordable Housing, focuses on half-empty or more than half-empty office buildings. The Montgomery County Council overwhelmingly approved the bill in a 10-1 vote.
Elrich said at a Tuesday press conference that this bill gives away tax revenues without any evidence to suggest that it is necessary.
“I am vetoing this bill because it could significantly negatively impact County revenues, adversely affect racial equity and provide excessive tax benefits to developers with no meaningful public benefit. We have proof that conversions from commercial to residential are already happening – without any subsidies,” Elrich said.
Montgomery Community Media reports that Council President Kate Stewart will schedule a vote to override the veto after receiving formal notification.
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