title
Allowing Long-Term Room Rentals in Private Homes
For the purpose of establishing a regulatory framework permitting rooming houses (boarding houses) as long-term rentals in private residences; providing for licensing, operational standards, and zoning approval; ensuring compliance with applicable Maryland state law and the City of Annapolis housing code; updating definitions and use tables in Title 21 to include “rooming house”; and generally relating to rooming houses.
body
City Council of the
City of Annapolis
Ordinance 11-26
Introduced by: Alderman Schandelmeier
Co-sponsored by: Alderwoman Contee, Alderman Huntley, Alderman Savidge and Alderwoman Allsup-Johnson
Referred to:
● Planning Commission,
● Economic Matters Committee, and
● Rules and City Government Committee
AN ORDINANCE concerning
Allowing Long-Term Room Rentals in Private Homes
FOR the purpose of establishing a regulatory framework permitting rooming houses (boarding houses) as long-term rentals in private residences; providing for licensing, operational standards, and zoning approval; ensuring compliance with applicable Maryland state law and the City of Annapolis housing code; updating definitions and use tables in Title 21 to include “rooming house”; and generally relating to rooming houses.
WHEREAS, Housing affordability is a significant concern for the City of Annapolis, and expanding options for room rentals can create affordable housing opportunities for working individuals, students, seniors, and individuals with modest incomes, while preserving the residential character of neighborhoods; and
WHEREAS, Rooming houses offer an additional level of residential rental accommodation for individuals who benefit from shared living arrangements; and
WHEREAS, A licensing and inspection framework serves the public interest by ensuring that rooms and rooming houses offered for long-term rental meet minimum health, safety, and habitability standards in accordance with applicable Maryland law and the City of Annapolis building, fire, and housing codes; and
WHEREAS, The City Council recognizes that owner-occupied rooming houses provide a form of affordable housing that benefits the community, and that such uses align with the objectives of Annapolis Ahead: Annapolis Comprehensive Plan 2040; and
WHEREAS, The City Council finds that rooming houses regulated under this ordinance must carry an active Maryland Homestead Property Tax Credit under Md. Tax-Property Code Ann. § 9-105, which independently verifies owner-occupancy through the Maryland State Department of Assessments and Taxation, providing an objective, externally maintained, and continuously monitored eligibility criterion that is enforceable without reliance on self-certification by the applicant; and
WHEREAS, Maryland Public Safety Code Ann. § 12-203 authorizes political subdivisions to adopt and enforce minimum livability standards, and the City of Annapolis housing code, Chapter 17.40, substantially conforms to the Maryland Minimum Livability Code (COMAR 09.12.54), including the rooming house standards set forth in Section 404 of the International Property Maintenance Code (2012 edition); now, therefore,
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2026 Edition:
● Section 17.44.010
● Section 17.44.030
● Section 17.44.110
● Article VI, Chapter 17.40
● Section 17.40.670
● Section 17.40.680
● Section 17.40.690
● Section 17.40.700
● Section 21.48.010
● Section 21.48.030
● Section 21.72.010
BY enacting the following portions of the Code of the City of Annapolis, 2026 Edition:
● Section 17.44.085 (Rooming House Operating Standards)
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the short title of this Ordinance shall be the "Bedrooms for People Act."
SECTION II: BE IT FURTHER ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 17 - BUILDINGS AND CONSTRUCTION
Chapter 17.44 - Rental Unit Licenses
Section 17.44.010 License Required.
A. A current rental operator's license approved and issued by the Department is required before a person shall rent for occupancy or use any of the following types of premises, as these types are defined in Chapter 21.72 of the Code:
1. Dwellings, including:
a. Single-family attached and detached dwellings;
b. Multiple and two-family dwellings;
c. Multifamily dwellings; and
d. Dwellings above the ground floor of commercial and maritime uses;
2. Dwelling units, including efficiency units;
3. Bed and breakfast homes; and
4. Hotels, motels and inns.
B. A person who rents or continues to rent for occupancy or use any unlicensed premises is guilty of a municipal infraction and subject to a fine as established by resolution of the City Council. Such fine shall be assessed on a per-unit, per-day basis, after an initial 15 calendar-day notification period to the owner, until a rental operator's license has been obtained, reissued, or revalidated.
A. Definitions. See § 17.44.110.
B. License.
1. No individual shall rent any premises listed in § 17.44.030 without first obtaining a rental operator’s license from the Planning and Zoning Department (Department).
2. No license shall be issued unless the premises meet all of the applicable requirements pursuant to this chapter and Chapter 17.40 (Residential Property Maintenance Code).
C. Penalties.
1. Any individual or entity that rents or continues to rent any premises that is not licensed shall be deemed to have committed a municipal infraction. It shall be subject to a fine as determined by resolution of the City Council.
2. Such fine shall be imposed on a per-unit, per-day basis, beginning after an initial notification period of 15 calendar days provided to the owner, and continuing until a rental operator’s license is granted or the matter is otherwise satisfactorily resolved as determined by the Director of Planning and Zoning (Director).
Section 17.44.030 Rental Operator’s License Types.
A. Provided that the premises meets all of the applicable requirements pursuant to Chapter 17.40 and this chapter, the Director may issue the following types of rental operator's licenses.
1. A standard rental operator's license may be applied for and issued for any premises, except for bed and breakfast homes, hotels, motels, and inns, rented for occupancy or use pursuant to an agreement, written or oral, where the premises is rented for more than ninety days.
2. A bed and breakfast rental operator's license may be applied for and issued for those premises operating as a bed and breakfast home. A short-term rental operator's license shall not be required for a bed and breakfast home, irrespective of advertisement through internet-based hosting platforms that facilitate short-term guest reservations.
3. A hotel, motel and inn rental operator's license may be applied for and issued for those premises operating as a hotel, motel or inn. A short-term rental operator's license shall not be required for a hotel, motel or inn, irrespective of advertisement through internet-based hosting platforms that facilitate short-term guest reservations.
4. A short-term rental operator's license shall be applied for and issued under the criteria listed in Section 17.44.090 of this chapter.
B. A rental operator's license fee for each type of rental operator's license shall be as established by resolution of the City Council annually, which shall be payable in advance of issuance or renewal of any rental operator's license.
A. License Types. The following types of premises require a rental operator's license issued by the Planning and Zoning Department, as defined in Chapter 21.72:
1. Dwellings.
a. Single-family attached and detached dwellings;
b. Multiple and two-family dwellings;
c. Multifamily dwellings;
d. Dwellings above the ground floor of commercial and maritime uses;
e. Dwelling units, including efficiency dwelling units; and
2. Bed and Breakfast Home.
a. A bed and breakfast rental operator’s license shall be applied for and may be issued for those premises operating as a bed and breakfast home, as defined in § 21.72.010.
b. A short-term rental operator’s license shall not be required for a bed and breakfast home, irrespective of advertisement through internet-based hosting platforms that facilitate short-term guest reservations.
3. Hotel, Apartment Hotel, Motel, Inn.
a. A hotel, apartment hotel, motel and inn rental operator’s license shall be applied for and may be issued for those premises operating as a hotel, apartment hotel, motel, or inn, as those terms are defined in § 21.72.010.
b. A short-term rental operator’s license shall not be required for a hotel, apartment hotel, motel, or inn, irrespective of advertisement through internet-based hosting platforms that facilitate short-term guest reservations.
4. Rooming House.
a. A rooming house operator's license shall be applied for and may be issued for premises operating as a rooming house, as defined in § 21.72.010.
b. A rooming house operator's license shall be issued on a per-building basis and shall cover only the principal dwelling unit. The license does not extend to any accessory dwelling unit, detached structure, or other separate unit on the same lot, each of which shall require its own rental operator's license under this Chapter.
c. The per-unit penalty provisions of § 17.44.010(C)(2) shall be applied on a per-building basis for rooming houses.
5. Short-Term Rental (STR). A short-term rental operator’s license shall be applied for and issued in accordance with the criteria in § 17.44.090.
B. License Fee. A rental operator’s license fee for each type of rental operator’s license shall be as established by resolution of the City Council in the annual Fees Schedule, payable in advance of the issuance or renewal of any rental operator’s license.
Section 17.44.085 - Rooming House Rentals
A. Definitions. See § 17.44.110.
B. Operator License. See § 17.44.030.
C. Homestead Tax Credit Requirement.
1. The premises shall carry an active Maryland Homestead Property Tax Credit (Tax-Property Article § 9-105) at the time of initial operation and at each annual renewal, as verified by the Maryland State Department of Assessments and Taxation (SDAT).
2. If the homestead credit is revoked, lapses, or otherwise becomes inactive, the rooming house use shall cease within 60 days unless the credit is restored and proof provided to the Department. Failure to restore the credit within that period shall render the use nonconforming.
D. Operating Standards. The following operating standards apply to all licensed rooming houses in addition to the requirements of § 17.44.030 and Chapter 17.40.
1. Local Responsible Party.
a. The owner shall serve as the primary Local Responsible Party (LRP) as defined in § 17.44.110 and shall be on file with the Department as such at all times.
b. Whenever the owner cannot meet the two-hour response requirement of the LRP definition, including during any period of travel or extended absence, the owner shall, before that inability arises, designate an Alternate Local Responsible Party (“Alternate LRP”) as defined in § 17.44.110 and file the designation in writing with the Department.
c. The Alternate LRP designation shall remain active until the owner can again meet the two-hour response requirement and notifies the Department in writing.
d. The owner and any active Alternate LRP are jointly and severally liable for all violations of this chapter occurring at the premises.
e. Operation of a rooming house without either the owner or a currently designated Alternate LRP able to meet the two-hour response requirement is a violation of this chapter, subject to the penalties in § 17.44.010(C).
f. A change in the Alternate LRP shall be reported to the Department in writing within five business days.
2. Cooking Facilities.
a. The rooming house shall have not more than one kitchen, and cooking appliances are not permitted in rooming units, sleeping rooms, or ancillary spaces.
b. A common kitchen accessible to all residents of the dwelling is permitted and shall comply with Chapter 17.40.
3. Sleeping Rooms.
a. Each sleeping room door shall be equipped with a lock operable from the inside; the owner or on-site manager shall retain a key or access method for emergency entry only.
b. If mold or another Code violation makes a room unfit for habitation, it shall be the owner’s responsibility for reasonable costs incurred by the affected tenants in securing adequate substitute housing pursuant to § 17.44.080(A).
Section 17.44.110 Definitions.
For the purposes of this chapter, the following words and phrases have the meanings indicated; and any terms not defined in this section shall have the meanings specified in Chapters 17.04 and 17.40.
1. "Applicant" means someone who executes the forms required for obtaining a rental operator's license pursuant to this chapter.
2. "Host" means any person who is the licensee of a primary residence and offers a dwelling unit, or portion thereof, for short-term rental.
3. "Hosting Platform" means a manner through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A hosting platform includes but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform.
4. "Licensee" means a person who obtains a rental operator's license from the City as described in Section 44.090 of this Title.
5. "Local Property Manager" means a person who acts as the legally authorized representative and agent of a licensee and who has a primary residence or office at a physical location in the City that is appropriately licensed to allow the operation of a business and that is correctly registered as an active business entity in Maryland.
6. "Neighborhood" means, for the purposes of this chapter, an area within one block or a group of residences within 500 feet of each other, whichever is less.
7. "Nuisance" means the following:
a. An act or condition created, performed, or maintained on private property that constitutes a code violation and that:
i. Significantly affects other residents of the neighborhood;
ii. Is harmful to public health, safety, or welfare of neighboring residents;
b. A property where the tenant, owner, or other occupant has been found in violation of tax provisions of Chapter 6.04 of the City Code about the property; or
c. A property to which police or other law enforcement agencies have responded to complaints or calls for service three or more times within 180 days.
8. "Owner" means any person who alone, jointly, or severally with other individuals holds legal or equitable title to any premises.
9. "Person" means:
a. An individual; or
b. Any legal entities where the individual has an ownership or beneficial interest; and
c. Any separate legal entities that share common owners or beneficiaries in whole or part.
10. "Premises" means only those types of dwellings, dwelling units, bed and breakfast homes, hotels, motels, and inns listed in Section 17.44.010 that are required to be licensed pursuant to this chapter.
11. "Rental operator's license" means a license required pursuant to Section 17.44.010 for a premises.
12. "Short-term licensee" means a person who:
a. Has applied for and received a license to operate a short-term rental under the requirements of this chapter; and
b. Is either:
i. A resident of the City; or
ii. A non-resident of the City who employs an Annapolis-based property manager; and
c. Meets this chapter's licensee requirements; and
d. Is not an owner of any other short-term license property in the City.
13. "Tenant" means a person who pays rent or other consideration for the temporary use or occupation of another's premises under a lease or similar arrangement.
14. "Short-term rental" means a residential dwelling unit or accessory building that is rented to transient guests for compensation for a period of not more than 90 consecutive days for any single tenant. A short-term rental provider shall not combine time limits for short-term rentals.
15. "Unlicensed premises" means premises that is required to be licensed pursuant to Section 17.44.010, but for which a valid rental operator's license has not been obtained or renewed.
For purposes of this chapter, the following words and phrases have the meanings indicated; any term not defined in this section shall have the meaning specified in Chapters 17.04, 17.40, or 21.72.
1. “Apartment Hotel.” See § 21.72.010.
2. “Applicant” means a person who executes the forms required for obtaining a rental operator’s license pursuant to this chapter.
3. “Bed and Breakfast Home.” See § 21.72.010.
4. “Boarding House.” See “Rooming House.”
5. “Dwelling(s),” including single-family attached and detached dwellings, multiple and two-family dwellings, multifamily dwellings, dwellings above the ground floor of commercial and maritime uses, and dwelling units (including efficiency dwelling units), are defined in § 21.72.010.
6. “Homestead Tax Credit” means the Maryland Homestead Property Tax Credit established under Md. Tax-Property Code Ann. § 9-105 <https://plus.lexis.com/api/document/collection/statutes-legislation/id/6C7B-GTP3-RS17-913S-00000-00?cite=Md.%20Tax-Property%20Code%20Ann.%20%C2%A7%209-105&context=1530671>, which requires that the property be the owner’s principal residence. For purposes of this chapter, a property carries an active homestead credit when State Department of Assessment and Taxation (SDAT) records reflect a current, approved homestead credit designation for that property.
7. “Host” means any person who is the licensee of a primary residence and offers a dwelling unit, or portion thereof, for short-term rental.
8. “Hosting Platform” means any means through which a host may offer a dwelling unit, or portion thereof, for short-term rental, including any internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform.
9. “Hotel.” See § 21.72.010.
10. “Inn.” See § 21.72.010.
11. “Licensee” means a person who obtains a rental operator’s license from the City as described in § 17.44.030.
12. “Local Property Manager” means a person who acts as the legally authorized representative and agent of a licensee and who maintains a primary residence or office at a physical location in the City that is appropriately licensed for business operations and correctly registered as an active business entity in Maryland.
13. Responsible Party.
“Local Responsible Party” (LRP) means the owner of the licensed Rooming House who shall:
a. Be able to respond in person to the premises within two hours of notification by the City or any tenant at any time;
b. Be available by telephone 24 hours a day, seven days a week, to respond to complaints, emergencies, or requests from the City;
c. Be present at the premises for all inspections required under this chapter and Chapter 17.40, and have authority to authorize entry and direct corrective action; and
d. Be personally liable for all violations of this chapter occurring at the premises.
“Alternate Local Responsible Party” (Alternate LRP) means an individual, other than the owner, designated in writing by the owner to fulfill the LRP obligations whenever the owner cannot meet the two-hour response requirement in paragraph (a) of “Local Responsible Party” above, including during any period of extended absence.
a. An Alternate LRP shall meet all of the requirements of paragraphs (a) through (d) of “Local Responsible Party” above and shall have full legal authority to act on behalf of the owner with respect to the licensed premises.
b. When an Alternate LRP is on file and active, the owner and the Alternate LRP are jointly and severally liable for violations.
c. Designation of an Alternate LRP does not relieve the owner of primary LRP status or liability.
14. “Motel.” See § 21.72.010.
15. “Neighborhood” means, for purposes of this chapter, an area within one block or a group of residences within 500 feet of each other, whichever is less.
16. “Nuisance” means:
a. An act or condition created, performed, or maintained on private property that constitutes a code violation and that:
i. significantly affects other residents of the neighborhood; or
ii. is harmful to the public health, safety, or welfare of neighboring residents;
b. A property where the tenant, owner, or other occupant has been found in violation of the tax provisions of Chapter 6.04 of the City Code with respect to that property; or
c. A property to which police or other law enforcement agencies have responded to complaints or calls for service three or more times within 180 days.
17. “Owner” means any person who, alone, jointly, or severally with others, holds legal or equitable title to any premises.
18. “Owner-Occupied” means that the owner’s primary residence is the licensed premises, and the owner resides there for not fewer than 183 days per calendar year.
19. “Person” means:
a. An individual;
b. Any legal entity in which the individual has an ownership or beneficial interest; and
c. Any separate legal entity that shares common owners or beneficiaries in whole or in part.
20. “Premises” means any dwelling, dwelling unit, bed and breakfast home, hotel, apartment hotel, motel, inn, or rooming house of a type listed in § 17.44.030 that is required to be licensed pursuant to this chapter.
21. “Rental Operator’s License” means a license required pursuant to § 17.44.010 and § 17.44.030 for premises.
22. “Rooming House,” also called “Boarding House.” See § 21.72.010.
23. “Short-Term Licensee” means a person who:
a. Has applied for and received a license to operate a short-term rental under this chapter;
b. Is either a resident of the City or a non-resident who employs an Annapolis-based property manager;
c. Meets this chapter’s licensee requirements; and
d. Does not own any other short-term rental license property in the City.
24. “Short-Term Rental” means a residential dwelling unit or accessory building rented to transient guests for compensation for a period of not more than 90 consecutive days for any single tenant. A short-term rental provider shall not combine time periods to circumvent the 90-day limit.
25. “Tenant” means a person who pays rent or other consideration for the temporary use or occupation of another’s premises under a lease or similar arrangement.
26. “Unlicensed Premises” means any premises required to be licensed pursuant to § 17.44.010 for which a valid rental operator’s license has not been obtained or renewed.
Title 17 - BUILDINGS AND CONSTRUCTION
Chapter 17.40 - Residential Property Maintenance Code
Article VI - Rooming HousesReserved
Section 17.40.670 - Permit to operateReserved.
Section 17.40.680 - Compliance requiredReserved.
Section 17.40.690 - Bathroom facilities-NumberReserved.
Section 17.40.700 - Bathroom facilities-Rooms. (Repealed)Reserved.
Note: The rooming house standards formerly contained in Article VI (Sections 17.40.670-17.40.700) are superseded the rooming house provisions of Chapter 17.40 generally, which substantially conform to Section 404 of the International Property Maintenance Code (2012 edition) as adopted by the Maryland Minimum Livability Code, COMAR 09.12.54, pursuant to Md. Code, Public Safety Art. § 12-203.
Title 21 - PLANNING AND ZONING
Division VI - General Terms and Rules of Measurement
Chapter 21.72 - Terms and Definitions
Section 21.72.010 Terms.
[The following definitions in § 21.72.010 are added or amended to read as follows (existing definitions not amended by this Ordinance remain in effect). Insert into existing definitions in alphabetical order.]
“Rooming House,” also referred to as “Boarding House,” means:
a. An owner-occupied dwelling in which up to four sleeping rooms are rented to individual tenants for periods of more than 90 consecutive days, without individual cooking facilities in the sleeping rooms, and in which the non-corporate owner-occupant maintains the premises as their residence year-round and, in that capacity, manages the rental relationships in the dwelling on a daily basis.
b. A rooming house does not include a short-term rental or a bed and breakfast home as defined in this section.
“Short-term Rental.” See § 17.44.110.
Title 21 - PLANNING AND ZONING
Division III - BASE DISTRICT REGULATIONS
Chapter 21.48 USE TABLES
Section 21.48.010 Table of Uses-Residential Zoning Districts.
P = Permitted Use; S = Special Exception Use; -Std = Use Subject to Standards (Chapter 21.64); A = Accessory Use; Blank = Not Permitted.
A use, including a special exception use, that is not normally permissible as a permitted use or use subject to standards in a zoning district may be permitted in that district as a planned development use pursuant to Section 21.24.020.
[After “Rest homes and nursing homes” and before “Schools, private, elementary, middle, or high” insert the following:]
|
Uses |
District R1A |
District R1B |
District R1 |
District R2 |
District R2-NC |
District R3 |
District R3-NC |
District R3-NC2 |
District R3-R |
District R4 |
District R4-R |
|
Rooming house |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Section 21.48.030 Table of Uses-Office and Mixed Use Zoning Districts.
P = Permitted Use; S = Special Exception Use; -Std = Use Subject to Standards (Chapter 21.64); A = Accessory Use; Blank = Not Permitted.
A use, including a special exception use, that is not normally permissible as a permitted use or use subject to standards in a zoning district may be permitted in that district as a planned development use pursuant to Section 21.24.020
Important. The notes at the end of the table are as much a part of the law as the table itself.
[After “Retail goods store” and before “Schools, commercial, trade, vocational, music, dance or art” insert the following:]
|
Uses |
District P |
District MX |
District PM |
District C2P |
|
Rooming house |
P |
P |
P |
P |
SECTION III: AND BE IT FINALLY ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.