All Forum Posts by: Justin Williams

A conversion is allowed in the commercial zoning districts. Only hiccup would be if there is not sufficient density to permit the extra dwelling unit(s), in which case you'd need a minimum lot area variance.  

This website can be used to search permits online back to 2005. If a c/o were issued since 2005, it'd show up here with the described use, eg, USE2012-34813 Use Premises as 2 unit dwelling. 

http://cels.baltimorehousing.o... 

This website can be used to find the zoning (though it's a little unintuitive; you have to turn on the zoning layer, which is under "Boundaries.")

https://cels.baltimorehousing.... 

Needs more information, but generally, in Baltimore City, a single-family dwelling located in a residential zoning district can only be converted to multi-family (2 or more units) in the R-7 through R-10 zoning districts. Then, if in the R-7 or R-8 Zone, you also need conditional use approval by way of City Council Ordinance. 

So in R-7/R-8 first step would be councilmember; otherwise, you can put in for building permits in R-9/R-10. 

There are talks that there will be a push to loosen restrictions some with some changes in the Zoning Code to make it easier to add ADUs and do conversions, but we'll see if that works...  

I can't think of a reason it'd be prohibited. I've been thinking it might make sense to offer some tenants a pre-pay discount to capture stimulus checks before it's entirely spent. 

Oh, yeah. Don't think it's necessarily a big deal, just saying leases will need to be updated to be conforming to the City Code.

FYI...

On March 22, 2021, the Baltimore City Council passed legislation that mandates changes to all residential leases and impacts when late fees may be imposed.

Specifically, the law, entitled “Late Fees for Past Due Rent,” provides that “a residential lease shall include a provision that the landlord may not apply late fees to the rent until the tenant is more than 10 days past due with the rent.”

As drafted, the above provision is required to be included on all residential leases in Baltimore City, whether or not a late fee is actually contemplated by the lease unless a statutory exemption from the lease requirements applies, e.g., it does not apply to leases for rental units within an owner-occupied residence.

If a residential landlord seeks to impose a late fee for delayed or nonpayment of rent, the lease:

(i) The tenant’s payment of the rent is more than 10 days late; or

(ii) The tenant has received the tenant’s regularly scheduled government benefit disbursement if the tenant has previously provided the landlord with written notice that shows the day of the month the government benefit is normally issued or mailed is later than the day on which the rent is due.

The Late Fees for Past Due Rent Law, which was signed by Mayor Brandon Scott on March 31, 2021 and becomes effective on April 30, 2021, only applies prospectively to new leases and shall not have retroactive effect on leases entered into prior to April 30, 2021.

Caveat that this is not legal advice: Your issue doesn't appear to be about the apartment complex's compliance with ADA rules, as they're not the ones asserting the dog cannot be on the leased premises. Anyone on the lease has an equal right to possession of the leased premises, so Aunt/Aunt's Father cannot exclude others on the lease. To remove you from the lease, they'd have to follow the eviction process or get temporary protective order.   

You might start with making a demand on the landlord to be let into the leased premises; they may stay out of it and if they refused to do so, the legal recourse would be to file a lawsuit against co-lessees to regain possession of the premises.   

Of course as a practical matter, lawsuits take time/money and would make it more difficult to find alternative housing, so course of action to consider is finding a trusted third party/relative to be mediator of this dispute with Aunt/Aunt's Father. 

Currently in Baltimore City, per Section 9-701 of the Zoning Code, a conversion from single-family to multi-family (two or more units) in a residential zoning district is only permitted in the R-7 through R-10 zoning districts. Additionally, in the R-7 and R-8 Zoning Districts, you need a Conditional Use Ordinance from the City Council to authorize the conversion. It's a somewhat arbitrary process given that if you were to build from the ground up, you could do multifamily by right. There is legislation pending that would allow it to be done without a City Council Ordinance, but it's unclear if this legislation will pass. 

There are occasionally opportunities for grandfathering if there is evidence of legally established conversions that were done previously, but no permit records exist to show it was done. 

In addition to those above-referenced issues related to conversions, the additional unit(s) would require a parking space and enough lot area/gross floor area to meet the requirements in 9-703. 

So to measure the risk, if you're in R-7 & R-8 it is entirely up to the local councilmember who covers the area as to whether or not they would be willing to introduce the legislation.

@Jessica Miller, The real hurdle in Baltimore City is the change/conversion from one unit to two or more units, because in many zones that will require a City Council Ordinance. To change your rooming unit to a dwelling unit, it'll just be a matter of determining if there is sufficient density on the lot (and having enough parking; typically one per dwelling unit with some exceptions). You'd take your lot area and divide it by the minimum lot area per dwelling unit based on the zoning district you're in. If you lack sufficient lot area, you can apply to the Board of Municipal and Zoning Appeals (BMZA) for a lot area variance (or a parking variance).