5280

COUNTY LOCAL LAWS

a.     Basic rent increases for holdover tenants.
Upon the effective date of this Act, a landlord may enter
into a new lease (including month to month leases) for a
dwelling unit with a holdover tenant, after notice as
provided by Section 29—64 of this Chapter, which provides
for a basic increase not in excess of four (4) percent of
the base rent for the said dwelling unit. The provisions
of this subsection apply to lease agreements wherein the
rent payment includes the cost of all utilities except
telephone service which is provided by direct contract
between the tenant and the telephone utility company.

b.     Extraordinary rent increases for holdover
tenants. When the basic rent increase would result in a
hardship to the landlord, a new lease may be entered into
which provides for an increase in rent in excess of four
(4) percent of the base rent if the following procedures
have been followed:

(1)    The landlord proposing the rent increase
filed with the Montgomery County Office of
Landlord—Tenant Affairs a request for permission to offer
the rent increase. The said request shall be filed with
the Office at least thirty (30) days prior to the
effective date of the proposed rent increase, and shall
be accompanied with an affidavit containing the following
information:

(a) The actual operating expenses by
category for the rental facility for a two—year period
ending no more than four (4) months before the proposed
effective date of the increase; (b) the anticipated
expenses for the rental facility for the twelve—month
period of the proposed increase, including details of
changes in tax and utility rates and other cost elements;
(c) the current and proposed rent schedule for each type
of dwelling unit in the rental facility in which the
affected dwelling unit is located, including number of
dwelling units in each type; (d) a schedule of other
fees and income for the rental facility: (e) the
vacancy rates for each type of dwelling unit in the
rental facility during the preceding two—year period; (f)
the schedule of current leases for dwelling units of the
type affected by the proposed increase extending beyond
the effective date of the increase, showing number of
leases expiring each month; (g) details of any other
factors affecting the need for the proposed rent
increase. The said request shall also be accompanied
with a copy of the notice of the proposed rent increase
given to the holdover tenant as provided by Section 29—61
of this Chapter.

(2)    Notice of the proposed rent increase
must be given to the holdover tenant by the landlord