§ 29-47. Commission action when violation found.  


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  • (a) If, at the conclusion of the hearing, the Commission or panel finds, based on a preponderance of the evidence of record, that a violation of this Chapter has occurred or a defective tenancy exists, the Commission or panel must publish written findings of fact and conclusions of law based on the record and issue an order. The order may require the respondent to stop any unlawful conduct and take appropriate action to comply with this Chapter. The order may also contain a notice that if the Commission determines that the respondent has not, after 30 calendar days after service of the Commission's or panel's order, made a bona fide effort to comply with the order, the Department may take appropriate action and the Commission may refer the matter to the County Attorney for enforcement.
    (b) If the Commission or panel finds that a landlord has caused a defective tenancy, it may award each party to the complaint one or more of the following remedies:
    (1) Immediate termination of the lease, and relief from any future obligations under the terms of the lease;
    (2) Return of the party's security deposit or any part of the deposit that the landlord has wrongfully withheld;
    (3) An award under Section 29-10(b) of up to three times the amount of any security deposit that the landlord has wrongfully withheld. When making this award, the Commission must consider the egregiousness of the landlord’s conduct in wrongfully withholding all or part of the deposit, whether the landlord acted in good faith, and any prior history by the landlord of wrongful withholding of security deposits;
    (4) Return of all or part of any rent already paid to the landlord after the landlord was notified of the condition;
    (5) An award of damages sustained by the tenant as a result of the defective tenancy, limited to the actual damage or loss incurred by the tenant. The award must not exceed $2,500 per affected dwelling unit.
    (6) A reasonable expenditure to obtain temporary substitute rental housing in the area.
    (7) An order permitting a tenant to correct the condition that constitutes the defective tenancy and abating the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant.
    (8) After a retaliatory or illegal eviction as defined in Section 29-32, reasonable attorney’s fees incurred by the affected tenant in defense of the retaliatory or illegal eviction. The award must not exceed $1,000.00.
    (c) If the Commission or panel finds that a tenant has caused a defective tenancy, it may award the landlord one or more of the following remedies:
    (1) The landlord may immediately terminate the lease and gain possession of the premises under state law.
    (2) An award of damages to be paid by the tenant sustained as a result of a defective tenancy, limited to the landlord's actual damage or loss. The award must not exceed $2,500.00, with a credit for any damages deducted from a security deposit.
    (d) Any award of damages under this Section not paid within 30 days after the award may be enforced by the person to whom the award was granted in any court of competent jurisdiction. Any court of competent jurisdiction may grant judgment plus interest from the date of the award. (1972 L.M.C., ch. 27, § 1; 1979 L.M.C., ch. 5, § 6; 1981 L.M.C., ch. 33, § 2; 2000 L.M.C., ch. 32, § 1; , § 1; , § 1.)
    Editor's note—Section 29-47 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007)
    Section 29-47, formerly § 29-43, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.