Howard County Board of Appeals Dismisses Cardone Capital Appeal Over Rental‑license Timing

The Howard County Board of Appeals granted a motion to dismiss an appeal by Cardone Capital LLC on Oct. 17, concluding the core complaints about earlier rental‑housing licenses were untimely.

Chair Gene Ryan opened the hybrid hearing and allowed oral argument on a preliminary motion to dismiss filed by the Department of Inspections, Licensing and Permits (DILP). DILP argued the appeal should be tossed because the petitioner named—Cardone Capital LLC—is not the record owner of the subject properties and because the licensing actions the petitioner challenges occurred outside the 30‑day administrative appeal window. "Cardone Capital LLC is not a proper party before this board," David R. Moore, Senior Assistant County Solicitor for Howard County, told the panel, arguing the land records show Columbia 5 31 LLC as the owner and that timeliness defeats the board's jurisdiction.

Edward L. Donahue, appearing remotely for the appellant, said the parties are affiliated and asked the board to allow an amendment to add Columbia 5 31 LLC. Donahue also urged the board to examine recordkeeping and renewal timing, saying the county database contained inconsistencies. "The federal court matter was dismissed over the summer," Donahue said, noting related litigation and requests to backdate some renewals to June 2021. He asked the board to permit amendment and to consider the merits rather than dismiss the appeal on a technicality.

Board members pressed DILP and the DILP director, Bob Francis, on the renewal and inspection timeline. Francis testified that DILP sends renewal notices 90 days before expiration and performs physical inspections for multifamily properties; if a property fails inspection, DILP issues a Notice of Violation (NOV) that must be addressed before renewal is approved. Moore cited Howard County Code §14‑901(f), saying the director must deny renewal in writing when application requirements are not met and may only issue a renewal after deficiencies are corrected.

The participants and the board worked through the dates: an inspection and renewal process meant the license applicable to 2021–23 was not effectively issued until roughly August 2023 after property maintenance issues (including an interconnected sprinkler system) were remedied; the licenses covering the 2023–25 period were issued in March 2024. The board said the challenged actions concerning the 2021–23 period were therefore outside the 30‑day appeal window before the April 1, 2024 petition filing.

After deliberation, the board allowed the petitioner to amend the caption to add the other LLC but found the timeliness argument dispositive. In a roll call, the members present voted to grant DILP's motion to dismiss; Chair Ryan announced that the motion carried and adjourned the hearing.

The board's dismissal was procedural: it resolved the preliminary motion and did not rule on whether DILP's licensing decisions were substantively correct. The appellant may pursue related matters in circuit court, where Donahue said related litigation remains pending next month.