ROBERT L. EHRLICH, JR., Governor

Ch. 5

(G) WAIVER OF APPLICABILITY BY POLITICAL SUBDIVISION.

(1)      ON APPLICATION OF THE PROPERTY OWNER, A POLITICAL
SUBDIVISION MAY WAIVE THE APPLICABILITY OF THE MINIMUM LIVABILITY CODE
TO A UNIT OF RENTAL HOUSING IF:

(I)      EACH TENANT OF THE UNIT IS GIVEN ADEQUATE NOTICE IN
THE FORM AND MANNER SPECIFIED BY THE POLITICAL SUBDIVISION;

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

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

(2)      A POLITICAL SUBDIVISION MAY WAIVE APPLICABILITY OF THE
MINIMUM LIABILITY CODE IF THE WAIVER IS GRANTED ON THE BASIS OF THE
RELIGIOUS PRACTICES OF THE TENANT OF A UNIT OF RENTAL HOUSING.

(H) INTERPRETATION AND WAIVER BY DEPARTMENT.

THE DEPARTMENT:

(1)      SHALL DECIDE QUESTIONS OF INTERPRETATION OF THE MINIMUM
LIVABILITY CODE, INCLUDING QUESTIONS THAT RELATE TO UNIFORM
ENFORCEMENT BY POLITICAL SUBDIVISIONS; AND

(2)      MAY AUTHORIZE WAIVERS OR EXEMPTIONS UNDER THE MINIMUM
LIABILITY CODE.

(I) GRANTS AND TECHNICAL ASSISTANCE.

(1)      THE DEPARTMENT MAY PROVIDE MATCHING GRANTS AND
TECHNICAL ASSISTANCE TO POLITICAL SUBDIVISIONS TO IMPLEMENT THE
MINIMUM LIVABILITY CODE.

(2)      THE MATCHING GRANTS SHALL BE ALLOCATED USING A FORMULA
DEVELOPED BY THE DEPARTMENT TO TAKE INTO ACCOUNT POPULATION AND
OTHER RELEVANT FACTORS.

(3)      THE DEPARTMENT MAY WAIVE THE REQUIREMENT OF A MATCH IF
ADEQUATE LOCAL MONEY IS NOT AVAILABLE.

(J) VIOLATION OF MINIMUM LIVABILITY CODE PROHIBITED; PENALTIES.

(1)      A PROPERTY OWNER MAY NOT WILLFULLY VIOLATE THE MINIMUM
LIABILITY CODE.

(2)      A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT FOR EACH VIOLATION TO
IMPRISONMENT NOT EXCEEDING 3 MONTHS OR A FINE NOT EXCEEDING $500 FOR
EACH DAY THE VIOLATION EXISTS OR BOTH.

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