* Legislative History: Ord. No. 2700, 11/14/1983; Ord. No. 1991-34; Ord. No. 1992-2, 1/27/1992.

The City of Takoma Park Commission on Landlord-Tenant Affairs is established. The Commission shall consist of at least 7 but no more than 12 active members appointed by the Council. The Council shall make every effort to ensure that the Commission has representation from landlords, tenants and homeowners. (Ord. 2004-6 (part), 2004: Ord. 2003-7 § 1 (part), 2003: prior code § 6-600)

The Commission is empowered to adjudicate and mediate complaints for violations of Chapter 6.16, Landlord-Tenant Relations, to rule on petitions for rent increases above the rent stabilization allowance, and to decide appeals from the City Manager’s decision to deny, suspend or revoke a license under Chapter 6.08, Rental Housing Licenses and Commercial Occupancy Licenses. (Ord. 2003-24 § 3, 2003/Ord. 2003-7 § 1 (part), 2003: prior code § 6-601)

A. Qualifications. All Commission members shall be residents of the City except that there may be a maximum of 4 members who are not residents of the City if such members own or manage rental housing in the City.
B. Appointments and Terms of Office. Each member of the Commission shall be appointed for a term of 3 years which shall begin on July 1st.
1. The initial term of a Commissioner who is appointed to replace a member who cannot complete his or her term shall be for the remainder of the term of the member being replaced.
2. A Commission member who resigns, whose term expires or who ceases to reside in Takoma Park, may, at the discretion of the Commission chairperson, continue as an inactive member of the Commission to complete work on cases on which he or she participated as an active member of the Commission. This participation may include the approval and signing of Commission opinions and orders.
C. Removal. The Council may, by resolution, remove a Commissioner before the Commissioner’s term has expired if the Council determines that the Commissioner has become incapacitated or has failed to reasonably perform his or her duties as a Commissioner. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-602)

A. The Commission shall elect a chairperson and a vice chairperson for a one-year term or until a successor is elected.
B. A Commissioner may serve a maximum of 3 consecutive terms in any one office.
C. At least ½ of the active Commissioners shall constitute a quorum for the transaction of business. A majority vote of those present shall be sufficient for any official action taken by the Commission.
D. The Commission shall meet as required to perform its duties, but at least once a year.
E. At the request of a majority of the active Commissioners, a regular or emergency meeting of the Commission shall be convened.
F. Written notice shall be given to all Commissioners at least 5 days prior to any regular meeting.
G. Notice of an emergency meeting shall be given in writing or orally to all Commissioners at least 24 hours prior to such emergency meeting. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-603)

The Commission shall promulgate Commission rules of procedure which further regulate the operations of the Commission, in accordance with the administrative regulations provisions of this Code, as amended. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-604)

A. The following parties shall have standing to file a Commission complaint alleging a violation of Chapter 6.16, Landlord-Tenant Relations:
1. Any affected tenant or tenants;
2. Any affected landlord; or
3. Any tenant association on behalf of those affected tenants who have authorized the tenant association to represent them.
B. Any Commission complaint of an illegal rent or fee shall be filed within 3 years of the date of the occurrence.
C. Any other Commission complaint shall be filed within one year of the date of the occurrence. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-605)

A. Department Investigation. Upon the filing of any Commission complaint, the Department shall make such investigations as it deems appropriate to determine whether there are reasonable grounds to believe that the allegations can be substantiated and that the Commission has jurisdiction. The investigation may include interviews of affected parties, review of Department records and other available documents, and a housing inspection.
B. Department Findings and Recommendations. The Department shall, upon completion of its investigation, make one of the following recommendations to the Commission:
1. To close the complaint file if the complaining party has failed to respond to Department requests for information in a timely manner;
2. To schedule a hearing on the complaint: or
3. To dismiss the complaint if it appears that there are no reasonable grounds for a Commission complaint or that the Commission does not have jurisdiction over the matter.
C. Commission Responsibilities.
1. The Commission, after review of the Department’s recommendation, may on such terms as it deems appropriate:
a. Close the complaint file;
b. Schedule a hearing; or
c. Dismiss the complaint.
2. The complaining party shall have 10 days following the issuance of a Commission decision to close or dismiss a complaint to respond in writing why the complaint file should not be closed or the complaint should not be dismissed.
3. Upon receipt of the party’s written explanation, the Commission may affirm its original decision or may reopen or reinstate the complaint.
4. If the Commission affirms its original decision or if no written explanation is received, the Commission’s decision shall be the final opinion and order.
D. Emergency Action. If at any time after a Commission complaint is filed, the Department believes the health, safety or welfare of a tenant is placed in immediate and present danger, the Department shall be authorized to take action to provide appropriate relief. This relief may include relocating the tenant to temporary housing when an eviction or constructive eviction has occurred or is likely to occur before the Commission can act and/or notifying the Executive Director, who shall determine whether an emergency fact finding hearing by the Commission is necessary.
E. Conciliation. The Department shall, offer to facilitate resolution of disputes between parties, either before or after a Commission complaint is filed. When appropriate, the disputing parties shall be referred to mediation. If the parties are unable to resolve the dispute and the complaining party wishes to proceed, the Department shall refer the complaint to the Commission following its investigation. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-606)

A. Hearings on complaints and objections to preliminary administrative decisions shall be held before a panel of 3 Commission members. One panel member shall be designated as the presiding Commissioner.
B. All members of the panel must be present to conduct the hearings, except with the consent of all parties, a hearing may proceed before a panel of 2 Commissioners.
C. Notice of the hearing, including the date, time and place of the hearing shall be provided to the parties and the public in the manner prescribed by the Commission regulations.
D. Hearings shall be open to the public. The panel shall have the power to subpoena witnesses and to subpoena the production of relevant documents and records. Any party to the case may request the issuance of a subpoena, which shall be in a form prescribed by the Commission regulations.
E. All parties must appear for the hearing. Failure to appear may result in dismissal of the case or a decision in favor of the opposing party.
F. Any party may represent himself or herself at a hearing or may be represented by an attorney or other authorized representative as provided in the Commission regulations.
G. All testimony shall be given under oath or affirmation.
H. Parties shall have the right to call witnesses and present testimony and evidence to substantiate any material point. Each party shall have the right to cross-examine opposing witnesses, to submit rebuttal evidence, and to present summation and argument. The panel may call its own witnesses and enter its own evidence.
I. The Commission panel may admit and consider evidence which would be commonly accepted by reasonable and prudent people as having a causal relationship to the matters before the Commission panel. It shall give effect to the rules of privilege recognized by law. It may exclude irrelevant and repetitious testimony and documents from evidence.
J. The party filing the complaint or the petitioner in a rent increase petition case shall have the burden of proof which shall be met by a preponderance of the evidence.
K. The Commission panel may take notice of judicially cognizable facts and, in addition, may take notice of relevant general, technical or scientific facts.
L. An audio recording of the hearing shall be made and shall constitute the official record of the hearing. The official record of the case shall include the audio recording and any written documents accepted into the case file. The official record of the case shall be open to inspection by any person. Upon request by any person, the Commission shall furnish to such person a copy of the official record of the case at the cost of supplying the record. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-607)

The Commission shall be empowered to remedy violation of Chapter 6.16, Landlord-Tenant Relations, by any appropriate means, including but not limited to the following general and specific remedies.
A. General Remedies. The Commission may remedy violations of the landlord-tenant law by one or more of the following:
1. Awarding actual monetary damages;
2. Requiring the performance of certain acts;
3. Requiring a party or parties to cease and desist from unlawful conduct;
4. Ordering the payment of interest upon any award of monetary damages, calculated at the judgment rate of interest, from the date payment of the award is due until payment is made in full;
5. Granting such other relief as the Commission deems necessary.
B. Specific Remedies.
1. Defective Tenancy.
a. Where the Commission finds that a landlord has caused a defective tenancy, the complainant tenant may be entitled to one or more of the following:
i. An award of damages to be paid as a result of the defective tenancy;
ii. A reasonable amount to be paid by the landlord for the tenant to obtain comparable temporary housing in the area;
iii. Correction of the defective tenancy by the landlord;
iv. An order permitting the tenant to correct or remedy the condition which constitutes the defective tenancy and the abatement of all or part of the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant;
v. An order to the landlord to perform such other remedial action as the Commission deems appropriate.
b. Where the Commission finds that a tenant has caused a defective tenancy, the complainant landlord may be entitled to one or more of the following remedies as ordered by the Commission:
i. An award of damages to be paid as a result of the defective tenancy;
ii. Correction of the defective tenancy by the tenant;
iii. Where the Commission finds that a tenant has caused a defective tenancy which has resulted in a substantial breach of the lease by the tenant, the Commission may authorize the termination of the lease and authorize the complainant landlord to repossess the premises in accordance with the applicable provisions of the Real Property Article of the Annotated Code of Maryland, as amended;
iv. An order to the tenant to perform such other remedial action as the Commission deems appropriate.
2. Illegal Rent or Fee. Where the Commission finds that the landlord has imposed or attempted to impose an illegal rent or fee, the tenant may be entitled to one or more of the following:
a. An order authorizing the tenant to begin paying the lawful rent or fee immediately;
b. An order to the landlord to refund excess moneys paid by the tenant for the illegal rent or fee;
c. An order authorizing the tenant to withhold from the next months’ rent payment, an amount equal to the illegal rent or fee imposed by the landlord;
d. An award of damages to be paid by the landlord in the amount of the actual damage or loss sustained as a result of the imposition or attempt to impose an illegal rent or fee;
e. An order to the landlord to perform such other remedial action as the Commission deems appropriate.
C. Enforcement of Commission Decisions. In addition to the enforcement provisions set forth in Chapter 6.40, any award of damages not paid when due may be enforced by the party to whom the award was granted in a court of competent jurisdiction, and the court is authorized to grant judgment for such damages plus interest from the date payment was due. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-608)

A. In cases where the Commission finds that actual or constructive eviction would likely occur before the issuance of a final opinion and order, the Commission may issue an interim order requiring or prohibiting specific action by one or more of the parties, so as to prevent such actual or constructive eviction.
B. Such interim order shall require the assent of a majority of the panel members and shall be in writing.
C. Subsequent to the issuance of an interim order, a final opinion and order of the Commission shall be issued in the manner and form prescribed by this chapter. A final opinion and order of the Commission may affirm, modify or reverse the interim order. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-609)

If a member of a Commission panel dissents from the decision on a complaint or petition for rent increase proposed by the panel majority or if a panel is unable to reach a decision concerning a complaint or petition as a result of no 2 panel members joining in a decision, such complaint or petition shall be referred to the full Commission. The Commission shall convene and decide the matter based upon the record created before the Commission panel, by a preponderance of the evidence. The Commission shall state its findings of fact and conclusions of law in a written opinion and issue it with a written order, which shall constitute the final opinion and order of the Commission. The full Commission decision may be made by a majority vote of those present at any meeting at which there is a quorum. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-610)

After the hearing on a complaint, the Commission panel shall state its findings of fact and conclusions of law in a written opinion and issue it with a written order, which shall constitute the final opinion and order of the Commission. The administrative decision on a rent increase petition and the Commission’s rulings on any objections to the preliminary administrative decision of the Commission shall constitute the final opinion and order of the Commission. The decision of the Commission panel may be made by a majority of the panel, but if a panel member dissents, the complaint or petition shall be decided in accordance with Section 6.24.110. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-611)

A. Reconsideration.
1. Motion to Clarify, Reconsider or Amend an Opinion and Order. On motion of any party filed within 10 days of the date of an opinion and order of the Commission, or at any time for a compelling reason at the request of a governmental agency or court of competent jurisdiction, the Commission may open the opinion and order to receive additional evidence, may amend its findings or its statement of reasons for the decision, may set forth additional findings or reasons, may enter new findings or new reasons, may amend the order or may enter a new order. A motion to alter or amend an opinion and order shall stay the time for filing an appeal until the Commission rules on the motion.
2. Newly Discovered Evidence. On motion of any party filed within 30 days after the date of an opinion and order of the Commission, the Commission may grant a new hearing or issue a new administrative decision on the ground of newly discovered evidence that could not have been discovered by due diligence before the hearing or administrative decision.
3. Fraud--Mistake--Irregularity. On motion of any party filed at any time, the Commission may take any action that it could have taken under subsection (A)(1) of this section in case of fraud, mistake or irregularity.
4. Clerical Mistakes. Clerical mistakes in the opinion and order or other parts of the record may be corrected by the Commission at any time on its own initiative or on motion of any party after such notice, if any, as the Commission orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the court.
B. Appeals. Any person aggrieved by a final opinion and order of the Commission on a complaint or the final opinion and order of the Commission on a petition (hereinafter jointly referred to as “opinion and order”) may file a petition for judicial review with the Clerk of the Circuit Court of Montgomery County. The procedures for an appeal from the opinion and order of the Commission shall be governed by Title 7, Chapter 200 (Judicial Review of Administrative Agency Decisions) of the Maryland Rules, as amended.
1. Time for Filing. A petition for judicial review shall be filed within 30 calendar days from the date of the opinion and order.
2. Service on the Commission. A copy of the petition for judicial review shall be served on the Commission.
3. Decision. The Circuit Court shall affirm the opinion and order of the Commission if it finds that the factual conclusion of the Commission was based upon substantial evidence in the record. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-612)