4336

COUNTY LOCAL LAWS

1971, the increase permitted under this section shall be
computed upon the amount of rent last legally charged,
received, and paid for that dwelling unit prior to
August, 1971. Notices to tenants prior to the effective
date of this Act informing them of proposed rent
increases equal to or greater than the increase permitted
by this section shall suffice as the required notice
hereunder. This provision shall not affect lease
agreements existing on the effective date of this Act.

(b)    The rent for a dwelling unit vacant on the
effective date of this Act or becoming vacant thereafter
may be increased by the landlord to an amount not to
exceed the highest rent charged for a comparable dwelling
unit in the same rental facility; provided, however, the
increase shall not be permitted if the vacancy occurred
as the result of unilateral action of the landlord other
than action based upon non-payment of rent, illegal
activity by the tenant, destruction of property by the
tenant, or breach of a material term of a lease.

(c)    The system of rent control or rent guidelines
developed by the Commission on Landlord—Tenant Affairs
shall be adopted by the County Council after due notice
and public hearing thereon, and adopted pursuant to
Section 93A—49 of this Article. Such system, including
necessary rules and regulations for its implementation,
shall be approved by the County Council following
appropriate comment and recommendations, if any, from the
County Executive. In formulating the system, the
Commission shall consider, as to rental increases,
whether (i) the landlord has not been compensated by rent
adjustments for increases in the cost of operating and
maintaining the dwelling unit, (ii) the landlord has made
a major improvement which is more than ordinary repair
and maintenance, (iii) the landlord has increased the
services, furniture, furnishing or equipment provided for
the dwelling unit, (iv) special or unusual circumstances
beyond the control of the landlord have arisen which make
it impossible to maintain and operate safely the dwelling
unit without additional rent, and (v) increased cost of
operating expenses, including tax changes, costs of
operation and maintenance of the dwelling unit, the kind,
quality and quantity of the services furnished or
withheld by the landlord, any increase in the present
rental over the rent pertaining to the dwelling unit
during the period, if any, when Federal control was
applicable thereto, and other relevant and material
facts. As to rental decreases, the Commission shall
consider whether (i) the landlord is withholding
services, furniture, furnishing or equipment rightfully
due the tenant, and (ii) whether the conditions which
resulted in the establishment of the amount of the rent
no longer continue to exist.