Montgomery County renters, housing advocates and property management companies were divided on proposed legislation that would hold county landlords to the same consumer protection standards as merchants during a County Council public hearing on Tuesday in Rockville.
The bill, sponsored by councilmember Kristin Mink (D-Dist. 5), would remove an exemption for landlord and tenant issues under county consumer protection laws, making it easier for the Office of Consumer Protection and the Office of the County Attorney to enforce compliance when landlords fail to correct housing code violations.
Over a dozen community members testified Tuesday. Among them was Nancy Andrade, a member of Northwest Park Tenants’ Association, an apartment complex in Silver Spring. When a rat died inside a bathroom cabinet in Andrade’s apartment, she says she reported it to the leasing office and was told that the solution was to replace the cabinet – but the office didn’t have any available and couldn’t do anything about it.
“They have no regard for my children … I am risking the health of my family by continuing to live here,” Andrade said. “The biggest problems are humidity and mold, along with infestations of roaches and other pests.”
Under current county law, landlords are exempt from some consumer protection laws because they are not considered “merchants.” According to a council staff report, Mink’s bill would amend the language of the laws to include landlords under the category of “merchants,” which would 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.
Critics of the bill aren’t buying that there is a need for it, in consideration of existing laws. Chris Bruch, president of Washington, D.C.-based real estate company Donahoe, called the legislation “a solution in search of a problem.”
“In my view, you’re legislating for the 2% bad actors at the expense of the 98% reputable landlords,” Bruch said. “This legislation is duplicative, as our state and county already have laws, restrictions, codified procedures and requirements that protect tenants from bad landlords.”
According to Mink, the loophole in the county’s consumer protections laws has made it difficult for county agencies to enforce fines when landlords violate building regulations and tenant safety laws. In fiscal year 2024, which ended June 30, the county Department of Housing and Community Affairs attempted to recover more than $1.5 million in unpaid fines from landlords in actions filed in Montgomery County District Court. Due to the current loophole, the county recouped just $100,000, a recovery rate of 6.5% of what was sought, according to Mink.
The experiences of tenants of county apartment buildings with health and safety issues that were not being addressed by management inspired Mink to introduce the legislation. One such complex is the Enclave Apartments in Silver Spring’s White Oak neighborhood. In recent years, Mink and other elected officials have tried to get Enclave’s management to respond to chronic health and safety concerns within the complex. One concern, according to Mink, is that residents’ leases require them to pay for the complex’s security officers, but security officers were not always provided. In October, the apartment complex received media attention after several refugee families who lived there were threatened with evictions.
“The county does not have the tools to enforce our own housing laws. Currently, landlords are specifically named as being exempt from the county consumer protection law. Purveyors of what is generally a consumer’s largest expense for housing are exempted,” Mink said at a press conference last month. “These landlords can continue taking payment for goods or services without delivering the goods or performing the services, without the county’s Office of Consumer Protection having the ability to take action.”
The bill is co-sponsored by council President Kate Stewart, Vice President Will Jawando (D-At-Large) and councilmember Dawn Luedtke (D-Dist. 7). It has been endorsed by local labor unions MCGEO and SEIU Local 500, Action In Montgomery, CASA, the Muslim Community Center in Silver Spring, Islamic Society of the Washington Area, the Enclave Tenant Association, Jews United For Justice, Everyday Canvassing, Progressive Maryland and the Housing Initiative Partnership. County Executive Marc Elrich (D) also supports the bill.
“Consumer protection laws are designed to ensure fair and equitable treatment. Current law ignores the reality that renters are consumers and deserve the protection against unfair practices, deceptive agreements and unsafe living conditions,” Ken Hartman-Espada, the county’s assistant chief administrative officer, testified on behalf of Elrich on Tuesday. “This bill will help ensure landlords maintain properties, including necessary repairs, ensuring safe living environments.”
A majority of the speakers Tuesday’s hearing voiced support for the legislation.
Tonia Chestnut, president of the Enclave Tenant Association for Progressive Maryland, vented frustration about unresolved health and safety issues as well as advertised amenities that are not being provided. She said the legislation would hold landlords accountable for not meeting terms of leases.
“We have roaches, we have mold, we have potholes in the parking lot, we have issues with our fitness center as well,” Chestnut said. “We’re supposed to have computers that we’re supposed to be able to have access to. I could keep on going, but I’d be here all day long.”
Sharon Litton John said she is the president of a tenant association at a senior living community in Gaithersburg, which she did not name. She said that she and her neighbors have faced apathy from property management when trying to have health and safety issues resolved.
“Imagine living in a home infested by rodents and insects, mold creeping through AC vents, unaddressed leaks and a lack of security so severe that even basic safety is out of reach,” Litton John said. “Now imagine the frustration of exhausting every avenue, working with management, the county and the code enforcement, only to be met with the stark reality that those responsible cannot be held accountable, despite numerous violations and fines.”
Small landlords said Tuesday that they are concerned the bill would have a disproportionate impact on them.
“Removing the landlord exemption from the consumer protection laws of the county will lump small landlords with large corporations, subjecting them to legal and financial burdens they’re simply unequipped to handle,” Deric Tomenko said. “Large landlords have legal teams and compliance departments, while small landlords operate on thin margins and do not have the same resources to navigate complex legal challenges.”
Yuri Tomenko said that as a small landlord, he is concerned increased regulations will be cost-prohibitive.
“Eventually these costs get passed down to the consumers. However, if this cost cannot be passed on to the consumers, the smaller landlords will have to sell out to the corporations,” Tomenko said.
A Public Safety Committee work session on the bill is scheduled for March 17. A vote has not been scheduled.
