Section 12-203 - Minimum Livability Code.
§ 12-203. Minimum Livability Code.
(a) "Department" defined.- In this section, "Department" means the Department of Housing and Community Development.
(b) Local housing code required.- Each political subdivision shall adopt by regulation a local housing code that sets minimum property maintenance standards for housing in the subdivision.
(c) Minimum Livability Code required.- The Department shall adopt by regulation a Minimum Livability Code.
(d) Applicability of Minimum Livability Code.-
(1) Except as provided in paragraph (2) of this subsection, the Minimum Livability Code applies to residential structures used for human habitation.
(2) The Minimum Livability Code does not apply to:
(i) an owner-occupied housing unit;
(ii) any housing in a political subdivision that has adopted a local housing code that substantially conforms to the Minimum Livability Code; or
(iii) any housing exempted by the Department.
(e) Contents of Minimum Livability Code.- The Minimum Livability Code shall:
(1) set minimum property standards for housing in the State;
(2) allow for exceptions and variations between political subdivisions:
(i) to reflect geographic differences; or
(ii) if the Department determines that unique local conditions justify exceptions or variations recommended by political subdivisions; and
(3) include minimum standards for:
(i) basic equipment and facilities used for light, ventilation, heat, and sanitation; and
(ii) safe and sanitary maintenance of residential structures and premises.
(f) Enforcement.-
(1) The political subdivision in which the housing is located shall enforce the Minimum Livability Code.
(2) Unless alternative housing is provided, an individual may not be displaced by enforcement of the Minimum Livability Code.
(3) A political subdivision may charge a property owner a fee for an inspection made to enforce the Minimum Livability Code.
(g) Waiver of applicability by political subdivision.-
(1) On application of the property owner, a political subdivision may waive the applicability of the Minimum Livability Code to a unit of rental housing if:
(i) each tenant of the unit is given adequate notice in the form and manner specified by the political subdivision;
(ii) each tenant is given an opportunity to comment on the application in writing or in person; and
(iii) the waiver would not threaten the health or safety of any tenant.
(2) A political subdivision may waive applicability of the Minimum Livability Code if the waiver is granted on the basis of the religious practices of the tenant of a unit of rental housing.
(h) Interpretation and waiver by Department.- The Department:
(1) shall decide questions of interpretation of the Minimum Livability Code, including questions that relate to uniform enforcement by political subdivisions; and
(2) may authorize waivers or exemptions under the Minimum Livability Code.
(i) Grants and technical assistance.-
(1) The Department may provide matching grants and technical assistance to political subdivisions to implement the Minimum Livability Code.
(2) The matching grants shall be allocated using a formula developed by the Department to take into account population and other relevant factors.
(3) The Department may waive the requirement of a match if adequate local money is not available.
(j) Violation of Minimum Livability Code prohibited; penalties.-
(1) A property owner may not willfully violate the Minimum Livability Code.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 3 months or a fine not exceeding $500 for each day the violation exists or both.
(3) A penalty imposed under this subsection is in addition to and not a substitute for any other penalty authorized under federal, State, or local law.
[An. Code 1957, art. 83B, § 6-103; 2003, ch. 5, § 2.]