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Licensing of Rental Dwellings

Baltimore City Code art. 13, div. II, subtit. 5
in effect

Baltimore City Code, Article 13, § 5-1 Definitions.

§ 5-1. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Dwelling unit. “Dwelling unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (c) Housing Commissioner; Commissioner. “Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (d) Multiple-family dwelling. “Multiple-family dwelling” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (e) Non-owner-occupied dwelling unit. “Non-owner-occupied dwelling unit” has the meaning stated in § 4-1 of this article. (f) Person. (1) In general. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Qualified inclusion of governmental entities. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 5-21 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (g) Priority dwelling. (1) In general. “Priority dwelling” means a rental dwelling: (i) with 20 or more dwelling units or rooming units; and (ii) to which 2 or more of the following criteria applied in the preceding calendar year: A. the rental dwelling was issued a violation notice under the Building, Fire, and Related Codes article relating to interior conditions that remained unabated for more than 90 days; B. the rental dwelling was issued four or more violation notices under the Building, Fire, and Related Codes article relating to interior conditions; and C. the number of recorded 311 calls related to health and habitability for a rental dwelling , which may not include requests to summon law enforcement or emergency services as prohibited under § 14-126 of the State Real Property Article, divided by the total number of dwelling and rooming units in that rental dwelling, exceeds the applicable minimum value in the table below; and Total Number of Units | Minimum Value 20 - 35 | 0.8 36 - 50 | 0.7 51 - 75 | 0.6 76 - 100 | 0.5 101 - 125 | 0.4 126 - 150 | 0.3 151+ | 0.2 D. the rental dwelling’s U.S. Department of Housing and Urban Development (HUD) National Standards for the Physical Inspection of Real Estate (NSPIRE) inspection score for either of the 2 most recent NSPIRE inspections was less than or equal to 79. (2) Exceptions. This definition does not include any rental dwellings owned and operated by the Housing Authority of Baltimore City. (h) Priority inspection. “Priority inspection” means: (1) the physical inspection of a priority dwelling conducted by an inspector employed by the Department of Housing and Community Development; and (2) the inspector’s written evaluation of the rental dwelling’s compliance with the City’s health and safety standards specified in the rules and regulations adopted by the Commissioner under this subtitle. (i) Rental dwelling. “Rental dwelling” means: (1) any multiple-family dwelling; (2) any rooming house; (3) any supportive housing facility; and (4) any non-owner-occupied dwelling unit in a 1- or 2-family dwelling that is leased or rented or offered or available for lease or rental in exchange for any form of consideration. (j) Rooming house. “Rooming house” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (k) Rooming unit. “Rooming unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (l) Supportive housing facility. “Supportive housing facility” has the meaning stated in § 202.2.56 of the Baltimore City Building Code. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 24-298; Ord. 22-125; Ord. 18-130; Ord. 10-342; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-2 Rules and regulations.

§ 5-2. Rules and regulations. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner may adopt rules and regulations to carry out this subtitle. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Text Conformed 02/19/21; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-4 License required.

§ 5-4. License required. (a) In general. Except as provided in subsection (b) of this section, no person may: (1) rent or offer to rent to another all or any part of any rental dwelling without a currently effective license to do so from the Housing Commissioner; or (2) charge, accept, retain, or seek to collect any rental payment or other compensation for providing to another the occupancy of all or any part of any rental dwelling unless the person was licensed under this subtitle at both the time of offering to provide and the time of providing this occupancy. (b) Exception. A license is not required under this subtitle for any rental dwelling that is owned and operated by the Housing Authority of Baltimore City. (c) Notice to all occupants. (1) When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the record owner or the managing operator, if other than the record owner, to post a notice in the rental dwelling in an area accessible to all occupants. (2) The notice required in paragraph (1) of this subsection shall include: (i) a description of the duties and obligations of the record owner and managing operator of the rental dwelling regarding compliance with this subtitle; (ii) the civil citations and criminal penalties that may arise under §§ 5-25 and 5-26 of this subtitle; (iii) a statement that each day the violation continues is a separate offense; and (iv) any additional information the Commissioner deems necessary to include. (3) The notice must remain posted for at least 90 days or until the building is licensed, whichever is longer. (d) Notice to HABC. When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the Housing Authority of Baltimore City, including any information the Commissioner deems necessary. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-5 Application for new or renewal license.

§ 5-5. Application for new or renewal license. (a) In general. The application for a new or renewal rental dwelling license must be made in the form and contain the information and documentation that the Housing Commissioner requires. (b) By whom to be made. The application must be made and signed by: (1) the record owner of the premises; and (2) the managing operator of the premises, if other than the record owner. (c) Application period for renewal. To renew a license issued under this subtitle, an application for renewal must be submitted to the Commissioner no more than 120 days before the license expires. (d) License application - Form and contents. Each application for a new or renewed license, must contain the following information: (1) a description of the premises by street number and by block-and-lot numbers; (2) the name, street address, telephone number, and email address of the rental dwelling’s record owner; (3) the name, street address, telephone number, and email address of the rental dwelling’s managing operator, if other than the record owner; and (4) any other information requested by the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-6 Prerequisites for new or renewal license – In general.

§ 5-6. Prerequisites for new or renewal license – In general. A rental dwelling license may be issued or renewed under this subtitle only if: (1) all dwelling units and rooming units are currently registered as required by Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures”} of this article; (2) all registration fees for these units and all related interest and late fees required by Subtitle 4 have been paid; (3) the premises have passed an inspection, as required by § 5-7 {“Prerequisites ... – Inspection”} or § 5-10 {“Priority inspections”} of this subtitle; (4) the premises are in compliance with all Federal, State, and City laws and regulations governing lead paint; (5) for premises that include a hotel or motel subject to City Code Article 15 {“Licensing and Regulation”}, Subtitle 10 {“Hotels”}, the hotel or motel is in compliance with the training, certification, and posting requirements of that subtitle; and (6) the premises are not subject to any violation notice or order that: (i) has been issued under the Baltimore City Building, Fire, and Related Codes Article; and (ii) notwithstanding the passage of more than 90 days since its issuance, has not been abated before the license issuance or renewal. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 19-332; Ord. 18-130; Ord. 15-353; Ord. 13-093; Ord. 10-342; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-7 Prerequisites for new or renewal license – Inspection.

§ 5-7. Prerequisites for new or renewal license – Inspection. (a) In general. The inspection required by § 5-6 {“Prerequisites ... – In general”} of this subtitle must comply with either: (1) subsection (b) {“Third-party home inspections”} of this section; (2) subsection (c) {“Governmental agency inspections”} of this section; or (3) § 5-10 {“Priority inspections”} of this subtitle. (b) Third-party home inspections. (1) Definitions. (i) In general. In this subsection, the following terms have the meanings indicated. (ii) Home inspection. “Home inspection” means a home inspector’s written evaluation of a rental dwelling’s compliance with the City’s health and safety standards specified in the Housing Commissioner’s rules and regulations adopted under this subtitle. (iii) Home inspector. “Home inspector” means an individual: (A) who is licensed as a home inspector under Title 16, Subtitle 3A of the State Business Occupation and Professions Article; and (B) who, as required by the rules and regulations adopted under this subtitle: 1. has registered with the Housing Commissioner as generally available to inspect and certify rental dwellings under this subsection; 2. has, as specified by the rules and regulations adopted under this subtitle, submitted to the Commissioner a conflict-of-interest statement; and 3. for each home inspection to be performed under this subsection, certifies that neither the home inspector nor any owner, partner, director, officer, employee, or agent of the home inspector or of the home inspector’s business has any financial interest in: a. the rental dwelling to be inspected; b. the record owner or operator of that rental dwelling; or c. any owner, partner, director, officer, employee, or agent of the rental dwelling’s record owner or operator. (2) Applicant to contract for timely inspection. (i) Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant’s expense, contract with a home inspector to perform a home inspection under this section. (ii) Inspections may not be performed more than 90 days before a person submits an application for a rental dwelling license or an application for renewal of a rental dwelling license to the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (3) Number of units to be inspected. (i) For any rental dwelling that comprises 9 or fewer dwelling or rooming units, all dwelling and rooming units must be inspected under this subsection. (ii) For any multiple-family dwelling or rooming house that comprises 10 or more dwelling or rooming units, the number of units that must be inspected are as determined in the rules and regulations adopted under this subtitle. (4) Inspector’s reports and certification. (i) After the home inspection, the home inspector must issue to the applicant: (A) a written report of every inspection conducted under this section; and (B) if the rental dwelling meets the City’s health and safety standards specified in the rules and regulations adopted under this subtitle, a certificate of satisfactory compliance with those standards. (ii) The reports and the certification must be: (A) in the form required by the Commissioner; and (B) signed by the home inspector, under oath and under the home inspector’s seal. (c) Governmental agency inspections. (1) Scope of subsection. This subsection applies to any rental dwelling unit that is required to undergo periodic inspections conducted by a governmental agency in accordance with Federal or State inspection standards. (2) Required evidence of compliance with most recent inspection. For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {“Third-party home inspections”} of this section, submit evidence satisfactory to the Housing Commissioner that the unit has passed the most recent periodic inspection by the applicable governmental agency. (d) Commissioner to audit inspections. The Commissioner shall conduct an annual audit of inspections conducted under this section. (e) Commissioner’s inspection authority not affected. This section does not in any way prevent or limit the authority of the Housing Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the City Building, Fire, and Related Codes Article. (f) Inspection reports – Distribution. Inspection reports used to satisfy § 5-6 {“Prerequisites . . . – In general”} of this subtitle must be distributed by the record owner or, the managing operator, if other than the record owner, to each resident of the rental dwelling for which a person is applying for a new or renewed rental license at the time the application for a new or renewed license is submitted. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130.)

Baltimore City Code, Article 13, § 5-9 License terms.

§ 5-9. License terms. Each rental dwelling license and rental dwelling renewal license issued under this subtitle expires 2 years from the date of issuance. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-10 Priority inspections.

§ 5-10. Priority inspections. (a) In general. A Department of Housing and Community Development inspector shall conduct priority inspections of at least 25 priority dwellings each inspection year. (b) Definition - Inspection year. In this subsection, the term “inspection year” means the calendar year. (c) Identification of priority dwellings. Based on data from the previous inspection year, the Department of Housing and Community Development shall identify all priority dwellings in the City by January 31st of each inspection year. (d) Notification of priority dwelling status. Upon identifying a priority dwelling, the Department of Housing and Community Development must notify the record owner and, if one exists, the managing operator, of the following: (i) the factors that are used to identify rental dwellings as priority dwellings; and; (ii) that, because the dwelling is identified as a priority dwelling, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in Article 1, § 40-14(e) {“Provisions and penalties enumerated”} is identified. (e) Number and frequency of inspections. During each inspection year, at least 2 priority inspections must be conducted: (1) at least 4 months apart; and (2) between the months of February and November. (f) Number of units to be inspected. (1) In general. A Department of Housing and Community Development inspector shall attempt to inspect at least a certain percentage of the total dwelling and rooming units in the priority dwelling, as provided for in the table below. Total Number of Units | minimum Percentage of Total Units 20 - 35 | 40% 36 - 50 | 35% 51 - 75 | 30% 76 - 100 | 25% 101 - 125 | 20% 126 - 150 | 15% 151, or more | 10% (2) Documentation of inspections. A Department of Housing and Community Development inspector shall record for each unit if the inspection was either 'attempted’ or 'completed’. (g) Notice and meeting requirements — Record owner and managing operator. The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall notify the record owner and the managing operator of a priority dwelling that: (1) the record owner and the managing operator shall attend a meeting at a time and place determined by the Commissioner or the Commissioner’s designee to: (i) discuss unresolved violation notices, complaints, and property maintenance; (ii) establish a schedule for the record owner and the managing operator to abate all unresolved violation notices; (iii) establish a schedule for regular property maintenance to prevent future violations; and (iv) any other matters deemed appropriate by the Commissioner or the Commissioner’s designee; and (2) failure to attend the meeting described in paragraph (1) shall result in: (i) the denial of an application for a rental dwelling license; (ii) the denial of an application for a renewal rental dwelling license; or (iii) the revocation of a rental dwelling license. (h) Notice of priority inspection. (1) In general. The record owner or managing operator of a priority dwelling shall notify all tenants of the date and time of a priority inspection no fewer than 20 days prior to the date of the priority inspection. (2) Anonymous requests for priority inspection. (i) In general. The record owner and the managing operator shall deliver to all tenants directions to submit an anonymous request that the Department of Housing and Community Development inspector inspect the tenant’s dwelling unit or rooming unit as part of the priority inspection. (ii) Form of instructions. The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall establish the form and content of the instructions delivered to tenants under subparagraph (i) of this paragraph. (Ord. 24-403 Section 1; Ord. 23-275 Section 1.)

Baltimore City Code, Article 13, § 5-11 Posting license; license number.

§ 5-11. Posting license; license number. The license issued under this subtitle must be prominently displayed: (a) Dwellings. (1) for a multiple-family dwelling or rooming house, in the vestibule, lobby, or other public place on the premises; and (2) for a 1- or 2-family dwelling, in an area of each dwelling unit that is accessible to that unit’s occupants and to housing inspectors. (b) Lease agreements. A license issued under this subtitle must be provided to: (1) any prospective tenant who requests an application; and (2) all existing or future tenants at the time a rental dwelling lease agreement or renewal lease agreement is: (i) offered; (ii) executed; or (iii) renewed. (c) Advertising materials. (1) In general. Any material advertising a rental dwelling for rent covered by this subtitle must include the rental license number for the advertised rental dwelling. (2) Prohibitions. Any material advertising a rental dwelling for rent that is covered by this subtitle may not include a rental license number that is, pursuant to this subtitle: (i) expired; (ii) suspended; or (iii) revoked. (3) Exceptions. Notwithstanding anything contained in this section to the contrary, the record owner and managing operator, if any, of a newly constructed or renovated dwelling unit or rooming unit that does not yet have a rental dwelling license number shall include the following text in any lease agreement, advertising material, or other publicly facing document: “This is a newly constructed or renovated dwelling unit and does not currently have a rental license. As soon as available, a rental license will be provided to all individuals as required by Article 13, Subtitle 5 {“Licensing of Rental Dwellings”} of the Baltimore City Code.”. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-12 Transfer of license prohibited.

§ 5-12. Transfer of license prohibited. (a) In general. The transfer of a rental license is prohibited under this subtitle. (b) Application for new license. A person shall apply for a new rental license according to the procedures established under § 5-5 {“Application for new or renewal license”} of this subtitle within 60 days of assuming: (1) record ownership of a rental dwelling; or (2) operation of a rental dwelling. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-13 Discontinuance of multiple-family or rooming-house operations.

§ 5-13. Discontinuance of multiple-family or rooming-house operations. Notwithstanding any discontinuance, in whole or in part, of a multiple-family dwelling’s or a rooming house’s operations, a license issued under this subtitle is still required unless the Housing Commissioner has issued a permit reflecting a change of use for the property. (Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-15 Denial, suspension, or revocation of license – In general.

§ 5-15. Denial, suspension, or revocation of license – In general. (a) “Nuisance property” defined. In this section, “nuisance property” means any property that is maintained or operated so as to cause or allow a nuisance of the sort described in any 1 or another of the following definitions: (1) State Code Real Property Article, § 14-120(a)(5) {defining “nuisance”}; (2) City Code Article 19, § 43-1(l) {defining “public nuisance”}; (3) City Code Article 19, § 43B-1(b) {defining “neighborhood nuisance”}; and (4) City Code Article 19, § 43B-1(o) {defining ”unruly social event”}. (b) Causes for denial, suspension, or revocation. Subject to the hearing provisions of § 5-16 of this subtitle, the Housing Commissioner may deny, suspend, or revoke a rental dwelling license or renewal license for any of the following causes: (1) making any material false statement in an application for an initial or renewal license; (2) fraudulently or deceptively obtaining a rental dwelling license for oneself or for another; (3) fraudulently or deceptively using a rental dwelling license; (4) falsifying any inspection report or certificate; (5) refusal by a record owner or operator of a rental dwelling to allow the Commissioner to conduct a routine, spot, quality-control, proactive, or other inspection of the rental dwelling as authorized by this subtitle or the City Building, Fire, and Related Codes Article; (6) failing to abate within 120 days of issuance any violation notice, order, or citation for violating any provision of the City Building, Fire, and Related Codes Article, the City Health Article, or the Zoning Code of Baltimore City; (7) failing to abate any violation notice issued during a priority inspection within the time required; (8) failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; or (9) if the Housing Commissioner finds, or if the Fire Chief, Health Commissioner, or Police Commissioner certify to the Housing Commissioner, that: (i) the record owner, operator, or lessee of a rental dwelling has failed to comply with any lawful notice, order, or citation to correct a violation that affects the health, safety, morals, or general welfare of the occupants of the property or of the general public; or (ii) the record owner, operator, or lessee of a rental dwelling, or any agent of the owner or lessee: (A) has allowed the premises to be used as a nuisance property; or (B) knew or should have known that the premises were being used as a nuisance property and failed to prevent them from being so used. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-16 Denial, suspension, or revocation of license – Notice and hearing.

§ 5-16. Denial, suspension, or revocation of license – Notice and hearing. (a) In general. No license may be denied, suspended, or revoked unless the Housing Commissioner first gives the record owner, the managing operator, and the lessees of any dwelling or rooming unit to which the license applies: (1) not less than 10 days notice in writing of the Commissioner’s intent to deny, suspend, or revoke the license; and (2) an opportunity to be heard as to why the license should not be denied, suspended, or revoked. (b) Exception. The Commissioner may deny, suspend, or revoke a license without prior notice and opportunity to be heard if, in the opinion of the Commissioner or the Fire Chief, Health Commissioner, or Police Commissioner, the health, safety, or welfare of the occupants or of the general public are in imminent danger. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-17 Vacating premises.

§ 5-17. Vacating premises. The Commissioner may require a rental dwelling to be vacated within 24 hours if: (1) the property is being operated without a valid license; and (2) vacating the premises is necessary for the public health, safety, and welfare. (Ord. 23-275 Section 1; Ord. 18-130; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-19 Impairing constitutional rights.

§ 5-19. Impairing constitutional rights. (a) “Reasonable accommodation” defined. In this section, “reasonable accommodation” means affirmative steps that do not impose an undue financial hardship or a substantial burden. (b) Prohibited conduct. No bylaw, rule, or regulation governing a rental dwelling, nor any action or inaction of the governing body or management of a rental dwelling, may: (1) unreasonably impair any rights guaranteed by the Free-Exercise Clause of the First Amendment to the United States Constitution or by Article 36 of the Maryland Declaration of Rights; or (2) prohibit or deny any reasonable accommodation for religious practices. (Ord. 23-275 Section 1; Ord. 18-130; Ord. 10-342; Ord. 07-529.)

Baltimore City Code, Article 13, § 5-20 Sanitation Guide.

§ 5-20. Sanitation Guide. (a) Preparation of Guide. The record owner or managing operator of every rental dwelling, other than a hotel or motel, must prepare, in the form and containing the information required by the Commissioner, a Sanitation Guide for the premises that provides notice to all occupants of the requirements and procedures for the separation, disposition, collection, and proper storage pending collection of mixed refuse, recyclable materials, yard waste, bulk trash, and all other forms of garbage, rubbish, waste, and trash. (b) Dissemination. A copy of the Sanitation Guide must be: (1) provided to each dwelling unit on the premises; and (2) prominently posted within each common collection room, if any, on the premises. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130.)

Baltimore City Code, Article 13, § 5-22 Public access to information.

§ 5-22. Public access to information. The Housing Commissioner shall make freely available for review on and download from the website of the Department of Housing and Community Development: (1) the license number and license status of any rental dwelling subject to this subtitle; (2) the following records relating to that rental dwelling: (i) violation notices, orders, or citations issued by the Department of Housing and Community Development under this article or the City Building, Fire, and Related Codes Article; and (ii) the rental dwelling’s status as a priority dwelling for at least the past 5 years; and (iii) notices of any denial, suspension, or revocation of the rental dwelling’s license; and (3) the following information: (i) the address of the rental dwelling; (ii) the name of the record owner of the rental dwelling; (iii) the name of the managing operator of the rental dwelling; (iv) phone numbers for both the record owner and the managing operator of the rental dwelling; and (v) email addresses for both the record owner and the managing operator of the rental dwelling. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130.)

Baltimore City Code, Article 13, § 5-24 Judicial and appellate review.

§ 5-24. Judicial and appellate review. (a) Judicial review. A person aggrieved by a decision of the Housing Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) Stays. (1) The filing of a petition for judicial review does not stay the decision of the Commissioner. (2) However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. (c) Appellate review. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (Ord. 23-275 Section 1; Ord. 18-130.)

Baltimore City Code, Article 13, § 5-25 Enforcement by citation.

§ 5-25. Enforcement by citation. (a) In general. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”} or a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) Priority dwelling – Citation. For priority dwellings, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in Article 1, § 40-14(e) {“Provisions and penalties enumerated”} is identified. (c) Process not exclusive. The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (d) Separate Offenses. Each day that a violation continues is a separate offense. (Ord. 24-403 Section 1; Ord. 23-275 Section 1; Ord. 18-130; Ord. 07-424.)

Baltimore City Code, Article 13, § 5-26 Penalties.

§ 5-26. Penalties. (a) In general. Any person who violates any provision of this subtitle (including any offense listed in § 5-15 of this subtitle as potential cause for a denial, suspension, or revocation of a license) or any provision of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day a separate offense. Each day that a violation continues is a separate offense. (Ord. 23-275 Section 1; Ord. 18-130; Ord. 07-529; Ord. 02-475.)

Baltimore City Code, Article 13, § 5-27 Data collection.

§ 5-27. Data collection. (a) In general. The Commissioner, the City’s Chief Data Officer, and any other City employee who maintains data pertaining to priority dwellings or priority inspections must collaborate to develop a system to track and analyze priority dwellings and priority inspections. (b) Discretion of Commissioner. The Department of Housing and Community Development may use existing resources to track and analyze priority dwellings at the discretion of the Commissioner. (Ord. 24-403 Section 1; Ord. 23-275 Section 1.)

Baltimore City Code, Article 13, § 5-28 Annual Report.

§ 5-28. Annual Report. (a) In general. Not later than May 1 of each year, the Department of Housing and Community Development must submit an annual report for the previous calendar year to the Mayor and the City Council detailing: (1) the number of priority dwellings; (2) the number of priority dwellings for which the Department of Housing and Community Development conducted 2 priority inspections; (3) the number of priority dwellings where at least 1 violation notice was issued during a priority inspection that was not abated within the allowable time; (4) the number of priority dwellings where at least 1citation was issued during a priority inspection; (5) the number of attempted priority inspections; (6) the number of rental licenses revoked under § 5-15(b)(6) of this subtitle; (7) the number of rental licenses revoked under § 5-15(b)(7) of this subtitle; (8) the total number of rental licenses revoked; (9) the number of completed priority inspections; (10) of the total number of priority inspections completed, the percentage of priority inspections that did not yield any violation notices or citations; and (11) any other information requested by the Mayor or by a Resolution of the City Council. (b) Inclusions - All licensed rental dwellings. (1) Totals. The annual report required under subsection (a) of this section must include a matrix identifying the following in aggregate for all licensed rental dwellings: (i) the total number of 3-1-1 complaints; (ii) the total number of notices issued by the Department of Housing and Community Development; (iii) the total number of notices abated within 90 days; (iv) the number of notices for which the Department of Housing and Community Development pursued legal action; and (v) the total number of citations issued. (2) Specific categories. The annual report required under subsection (a) of this section must include a matrix identifying the data required under subsection (b)(1) of this section for all licensed rental dwellings in aggregate, for each of the following categories: (i) heating; (ii) ventilation; (iii) plumbing; (iv) roof leaks; (v) rodents; (vi) lead paint; (vii) fire protections; (viii) electrical systems; (ix) water supply; (x) structural deficiencies; (xi) insects; (xii) elevators; (xiii) weatherproofing; and (xiv) appearance of mold (c) Inclusions - Priority dwellings. (1) Totals. The annual report required under subsection (a) of this section must include a matrix identifying the following for all priority dwellings: (i) the total number of 3-1-1 complaints; (ii) the total number of notices issued by the Department of Housing and Community Development; (iii) the total number of notices abated within 90 days; (iv) the number of notices for which the Department of Housing and Community Development pursued legal action; and (v) the total number of citations issued. (2) Specific categories. The annual report required under subsection (a) of this section must, for all priority dwellings, include a matrix identifying the data required under subsection (b)(1) of this section for each of the following categories: (i) heating; (ii) ventilation; (iii) plumbing; (iv) roof leaks; (v) rodents; (vi) lead paint; (vii) fire protections; (viii) electrical systems; (ix) water supply; (x) structural deficiencies; (xi) bed bugs; and (xii) elevators. (Ord. 24-403 Section 1; Ord. 23-275 Section 1.)
Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/13/II/5Fetched: 10/25/2026

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