HARRY HUGHES, Governor

2203

(B)  THE LIVABILITY CODE SHALL APPLY TO RESIDENTIAL
STRUCTURES USED FOR HUMAN HABITATION EXCEPT:

(1) OWNER-OCCUPIED HOUSING UNITS;

(1) (2) ANY HOUSING LOCATED IN A POLITICAL
SUBDIVISION THAT HAS ADOPTED A LOCAL HOUSING CODE CONTAINING
PROVISIONS THAT ARE EQUAL TO OR EXCEED THE PROVISIONS OF THE
MINIMUM LIVABILITY CODE SUBSTANTIALLY CONFORM WITH THE
PROVISIONS OF THE STATEWIDE LIVABILITY CODE; OR

(2) (3) ANY HOUSING EXEMPTED BY THE DEPARTMENT.

(C)  (1) ENFORCEMENT OF THE MINIMUM LIVABILITY CODE SHALL BE
THE RESPONSIBILITY OF THE POLITICAL SUBDIVISION IN WHICH THE
HOUSING IS LOCATED.

(2) IN MAKING ENFORCEMENT DECISIONS, A POLITICAL
SUBDIVISION SHALL CONSIDER:

(I) ANY TENANT COMPLAINT;

(II) THE CONDITION OF THE HOUSING;

(III) A TENANT'S PREFERENCE TO REMAIN IN

MARGINALLY SUBSTANDARD HOUSING; AND

(IV) THE AVAILABILITY OF ALTERNATIVE HOUSING
FOR ANY TENANT LIKELY TO BE DISPLACED BY THE ENFORCEMENT ACTION.

(3) (2) A POLITICAL SUBDIVISION MAY WAIVE
APPLICABILITY OF THE MINIMUM LIVABILITY CODE TO A UNIT OF RENTAL
HOUSING ON APPLICATION OF THE PROPERTY OWNER IF;

(I) ADEQUATE NOTICE IN A FORM AND MANNER
SPECIFIED BY THE SUBDIVISION IS AFFORDED ANY TENANT OF THE UNIT;

(II) THE TENANT IS AFFORDED AN OPPORTUNITY TO
COMMENT ON THE APPLICATION EITHER IN WRITING OR IN PERSON; AND

(III) THE WAIVER WOULD NOT THREATEN THE HEALTH
OR SAFETY OF ANY TENANT.

(4) (3) A POLITICAL SUBDIVISION MAY WAIVE
APPLICABILITY OF THE MINIMUM LIVABILITY CODE IF THE WAIVER IS
GRANTED ON THE BASIS OF THE RELIGIOUS PRACTICES OF THE OCCUPANT
OF THE UNIT OF RENTAL HOUSING.

(2) (5) THE DEPARTMENT SHALL DECIDE QUESTIONS OF
INTERPRETATION OF THE MINIMUM LIVABILITY CODE INCLUDING QUESTIONS
RELATING TO UNIFORM ENFORCEMENT BY POLITICAL SUBDIVISIONS AND MAY
AUTHORIZE ANY WAIVER OR EXEMPTION UNDER THE CODE.

(D) (1) THE DEPARTMENT IS AUTHORIZED TO PROVIDE MATCHING
GRANTS AND TECHNICAL ASSISTANCE TO POLITICAL SUBDIVISIONS TO