Short Term Rentals Coming Soon to Montgomery County, Maryland

Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland.  A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short term rentals.

Under current law, no residential rentals are permitted in Montgomery County for less than 30 days.  Faced with widespread illegal daily and weekly rentals, the County Council passed legislation in October, 2017 to allow these rentals where the property is the primary residence of the owner or owner-authorized resident of the rental property. However, condominiums, homeowner associations and housing cooperatives will still be allowed to ban or restrict short term rentals.  Continue reading

Fair Housing Claim Against Homeowner Association Director Allowed by District of Columbia Appeals Court

The District of Columbia Court of Appeals has ruled that a board member of a homeowners association may be personally liable for violating the disability discrimination provisions of the fair housing laws by delaying action on a homeowner’s request for a reasonable accommodation in the enforcement of the association’s leasing restrictions.

When  homeowners leased  their home to a non-profit organization for occupancy by recovering alcoholics and drug addicts, the association board asked the homeowners to terminate the lease because it violated the HOA bylaws which prohibited leasing to anyone not named in lease and prohibited subleasing.   After it received a request for waiver of the bylaw restrictions as a reasonable accommodation based on the disabilities of the sub-tenants, the HOA board approved the lease. Continue reading

Maryland County Links Rental License to Condo and HOA Fees

by Tom Schild

A Maryland county in the Baltimore-Washington DC region has enacted a new law which conditions issuance of a rental license for a property in a condominium or homeowners association on being current on payment of the condo/HOA assessments.  The Howard County law requires property owners to certify they are no more than 30 days behind in payment of the association assessments when applying for a rental license.

Additionally, a rental license may be suspended or revoked if the condo or HOA notifies the County of a final adjudication that the owner is more than 30 days past due in payment of assessments.

The new law is intended to aid condos and HOAs by ensuring that property owners are paying their condo and HOA fees when receiving rental income and benefiting from the services and facilities provided by condos and HOAs, The legislation was passed by the Howard County Council in early May 2012 and goes into effect in mid-July.