4334

COUNTY LOCAL LAWS

(b)   For the purposes of this Chapter, the lawful
base rent for all dwelling units covered by this Chapter
shall be the rent legally charged, received, and paid for
that dwelling unit for the month of February, 1973, or,
if the dwelling unit was not rented for that month, the
base rent shall be the amount of rent last legally
charged, received, and paid for that dwelling unit.

(c)    For the purposes of this Chapter, "rent" means
the amount charged for the right to possession and use of
a dwelling unit, including any required recurrent charge
therefor and any required recurrent charge for the use of
services or property in connection therewith.

(d)     For the purposes of this article only,
"dwelling unit" shall include one—family dwelling units,
as defined by Section 111-2 of Chapter 111 of the
Montgomery County Code 1965, as amended (Section 59-1 of
Chapter 59 of the Montgomery County Code 1972), which are
owned by landlords who own two or more such rental
dwelling units regardless of their location.

(e)   All new rental dwelling units coming onto the
market after the effective date of this Act shall not be
subject to the provisions of this Article. For the
purposes of this subsection, new rental dwelling units
means multi—family rental facilities for which a
Certificate of Occupancy has not been issued as of the
effective date of this Act, and one—family dwelling units
which have not been rented since August, 1971, or which
have not been constructed prior to the effective date of
this Act.

(f)   It shall be unlawful and a violation of this
Chapter for any landlord to demand or receive any rent
for any dwelling unit covered by this Chapter in excess
of the lawful base rent established or fixed for such
dwelling unit or as adjusted by operation of this Article
or by any rule, regulation, decision, or order of the
Executive Director or Commission on Landlord—Tenant
Affairs as provided in this Article. Any landlord who
demands or receives such rent shall be in violation of
this Chapter and deemed guilty of a misdemeanor, and,
upon conviction, shall be subject to a fine not exceeding
One Thousand Dollars ($1,000.00) and costs. Each such
demand or receipt of rent for separate and different
periods of time shall constitute separate offenses
hereunder. Fines imposed hereunder may be collected or
enforced through civil attachment proceedings. The
provisions of this subsection shall not preclude any
adjustment in rent as the result of any contractual
provision entered into prior to the effective date of
this Act.