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File #: O-26-20    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 6/15/2020 In control: City Council
On agenda: 7/13/2020 Final action: 9/29/2020
Title: Rent Increases During State of Emergency - Prohibited - For the purpose of prohibiting certain rent increases during a State of Emergency; and generally related to the rent increase prohibition.
Sponsors: Rob Savidge, Dajuan K. Gay, Elly Tierney
Indexes: Housing and Human Welfare Committee
Attachments: 1. O-26-20 RentFreeze Legislation First Reader.pdf, 2. O-26-20 Staff Report.pdf, 3. O-26-20 Fiscal Impact Note.pdf, 4. O-26-20 Amendments 1-2, Tierney.pdf, 5. O-26-20 SIGNED.pdf

Title

Rent Increases During State of Emergency - Prohibited - For the purpose of prohibiting certain rent increases during a State of Emergency; and generally related to the rent increase prohibition.

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 26-20

 

Introduced by: Alderman Savidge and Alderman Gay

Co-sponsored by: Alderwoman Tierney

 

Referred to

Housing and Human Welfare Committee

 

 

AN ORDINANCE concerning

 

Rent Increases During State of Emergency - Prohibited

 

FOR                     the purpose of prohibiting certain rent increases during a State of Emergency; and generally related to the rent increase prohibition .

 

BY                        adding the following portion to the Code of the City of Annapolis, 2020 Edition

18.10.010

 

 

WHEREAS, on March 5, 2020, Maryland Governor Lawrence J. Hogan, Jr. proclaimed a state of emergency and a catastrophic health emergency for the entire State of Maryland pursuant to Title 14 of the Public Safety Article of the State  Code, due to the impending threat and continuing impact of the contagious disease  known as COVID-19; and

 

WHEREAS, the Governor’s proclamation continues for thirty days, unless renewed by the Governor or terminated by the Maryland General Assembly; and

 

WHEREAS, by Executive Order No. 16, dated March 13, 2020, the County  Executive proclaimed a civil emergency in Anne Arundel County, pursuant to 19 Article 1, Title 6 of the Anne Arundel County Code (2005, as amended); and

 

WHEREAS, on March 12, 2020, the Mayor of the City of Annapolis proclaimed a local state of emergency in the City of Annapolis, in accordance with Section 11.48.030 of the City Code; and

 

WHEREAS, by resolution, which became effective on July 9, 2020, the City Council extended the proclamation of a local state of  emergency in the City of Annapolis through the date the Governor’s proclamation  is renewed, extended, or terminated; plus 30 days; and

 

WHEREAS, the City Council enacts local public laws for the economic health and welfare of the City; and

 

WHEREAS, financial well-being plays a major role in physical well-being and have a detrimental effect on overall attitude and our business climate; and

 

WHEREAS, the City Council declares that this legislation is necessary for the immediate and short term protection of the public interest; and

 

WHEREAS, the City Council determines that a reasonable ceiling on rent increases during the state of emergency is necessary to stabilize rental rates and to protect persons with relatively fixed incomes and others from undue impairment of their standard of living; and

 

WHEREAS, as reported in media outlets on July 9, 2020, Maryland’s labor department received the highest number of new unemployment filings in nine weeks; and

 

WHEREAS, the goal of this legislation is to prevent landlords from increasing a tenant’s rent during a state of emergency that may impact the ability of tenants to pay that increase.

 

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

Title 18 - LANDLORD AND TENANT RELATIONS

CHAPTER 18.10 - EMERGENCY PROVISIONS

 

18.10.010 Rent increases during state of emergency - prohibited.

 

A.                     Notwithstanding any other provision of law, a rent increase for a LEASED residential property shall be prohibited during a period for which a local state of emergency has been declared pursuant to Section 11.48.030, and for 30 days thereafter.

 

B.                     Notwithstanding any other provision of law, a rent increase for a LEASED commercial retail property or a commercial property that is less than 6,500 square feet in size shall be prohibited during a period for which a local state of emergency has been declared pursuant to Section 11.48.030, and for 30 days thereafter.  THIS SECTION SHALL NOT APPLY TO RESIDENTIAL PROPERTY BEING RENTED AS A SHORT-TERM RENTAL IN ACCORDANCE WITH CHAPTER 17.44.

 

 

Chapter 18.20 - ESSENTIAL SERVICES [RESERVED]

 

 

SECTION II:  AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance is necessary for the immediate protection of the public interest and shall take effect from the date of its passage.

 

 

Explanation:

UPPERCASE indicates matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.