Montgomery County public hearing draws wide support for bill to treat defective rental housing as consumer fraud

The Montgomery County Council on March 4 held a public hearing on Bill 6-25, a proposal to expand the county's consumer-protection law to include landlords and to treat defective tenancies as deceptive trade practices.

Supporters told the council the change would give renters an additional enforcement path when landlords fail to keep units habitable and would allow the Office of Consumer Protection and the County Attorney’s Office to seek injunctions and damages in the circuit court. “Renters are consumers,” said Ken Hartman Espada, assistant chief administrative officer, speaking on behalf of the County Executive. “They deserve protection against unfair practices, deceptive agreements, and unsafe living conditions.”

The measure would remove a current exemption for landlord–tenant matters from the county consumer-protection chapter and clarify that rental housing is covered by consumer-goods-and-services definitions. The county executive’s office and the Department of Housing and Community Affairs worked with sponsors on draft language, Hartman said, and the executive supports the bill.

Why it matters: Tenants and anti-poverty advocates said the county’s existing tools are not sufficient when landlords repeatedly fail to repair hazards such as mold, pest infestations, nonworking heat or hot water, and structural leaks. “This bill would offer another avenue for renters in similar, far-too-common situations to have these types of issues addressed,” said Dr. Jeffrey Johnson, chair of the Montgomery County Community Action Board. Community action board testimony cited county data and examples of residents who lost housing after landlords left repairs unaddressed.

Tenant leaders, including representatives of the Enclave Tenant Association, Progressive Maryland’s tenant groups, CASA and Housing Initiative Partnership, described widespread problems across complexes in Silver Spring, Bethesda and other areas: persistent rodents, mold, broken elevators, prolonged outages of heat or hot water, and apartments left condemned but still occupied. “We support this bill because it gives our county another tool to address the failure of negligent landlords,” said John Yango of Action in Montgomery.

Tenants and advocates also asked the council to require clearer lease language and greater transparency in utility billing. Renter Robert Pestronk urged plain-language leases that comply with local, state and federal law and said utility-fee formulas used by third-party billers should be disclosed so tenants can verify charges.

Opposition and concerns: Residential landlords and property-industry representatives said existing state and county remedies already permit tenants to seek damages or enforcement and warned that adding consumer-protection liability could disproportionately harm small, independent landlords. “This legislation is a solution in search of a problem,” said Chris Brew, chief executive officer of Donoho Companies. Brew and several small landlords who testified said increased litigation risk and compliance costs would be passed to tenants or lead owners to sell to large institutional investors, reducing supply and competition.

Small landlord witnesses described rising regulatory burdens and the cumulative impact of recent local rules (including recent rent-control measures) on small operations. “Bills like this will cause additional hardship,” said Yuri Tomenka, a small landlord from Takoma Park.

What the bill would change: Testimony and staff materials describe several concrete effects: the Office of Consumer Protection and County Attorney would be able to seek circuit-court injunctions and damages against landlords who repeatedly fail to address housing code violations; consumer-protection enforcement remedies would become available for rental housing; and current district-court citation processes — which can reduce fines — would not be the only enforcement path.

Process and next steps: The County Council’s public-safety work session on Bill 6-25 is scheduled for March 17, 2025; the committee will consider language and enforcement mechanics ahead of any final council vote. At the hearing, county staff and advocates agreed on the need to refine definitions (for example, how “defective tenancy” is proven) and to consider lease- and billing-transparency amendments requested by tenants.

Voices from the hearing (selected): - “We need another option for renters facing unsafe housing situations,” said Dr. Jeffrey Johnson, chair, Montgomery County Community Action Board. - “It is time for the county to do more to ensure that landlords follow the law so that we can live in decent conditions,” said Nancy Andrade, a tenant who described months-long pest and rodent problems at her complex. - “This bill unfairly targets small independent landlords and could lead to serious unintended consequences,” said Derek Tomenko, a small property owner.

Ending note: Council members did not vote on the measure at the March 4 hearing. Testimony revealed broad support among tenant advocates and county staff, significant concerns from landlords and property-industry representatives, and several technical issues the council’s committee will need to resolve before any final action.