§ 35-4-202. HEATING SYSTEMS IN RENTAL UNITS.

(a)

Compliance with minimum standards. The owner of a building containing one to three rental dwelling units shall comply with the minimum heating standard set forth in this section at all times between October 15 and April 15, both inclusive.

(b)

Minimum standards.

(1)

When the outdoor temperature is 10 degrees Fahrenheit or warmer, the owner of a dwelling unit shall:

(i)

If the heat is not under the control of the tenant, provide heat to maintain the temperature in the unit as provided under paragraph (2) of this subsection; or

(ii)

If the heat is under the control of the tenant, provide in working condition, heating equipment capable of maintaining the temperature in the unit as provided under paragraph (2) of this subsection.

(2)

The temperature in a dwelling unit shall be or be capable of maintaining a temperature of at least 65 degrees Fahrenheit as an average of the temperature readings in all habitable rooms, bathrooms, and water closet compartments as measured from the center of the rooms at a height of 3 feet above the floor.

(c)

Tenant remedies for noncompliance by owner. If an owner fails to maintain or provide the capability for the tenant to maintain the dwelling unit at a temperature of at least 65 degrees as required under subsection (b) of this section, the tenant may seek any remedy or defense as provided under this subtitle.

(d)

Notice of violation; penalties.

(1)

(i)

The Department may serve a violation notice to any owner found in violation of this section.

(ii)

The violation notice shall direct the owner to comply within a reasonable amount of time as determined by the Department.

(iii)

The failure of the owner to comply with the violation notice shall subject the owner to the civil penalties under paragraph (2) of this subsection.

(2)

The Department may assess an owner with a civil penalty for violating a provision of this section in the amount of:

(i)

$250 for the first violation and failure to comply;

(ii)

$500 for the second violation and failure to comply; and

(iii)

$1,000 for any further violation and failure to comply.

(1988 Code, § 18-38) (Bill No. 25-01, § 2, 7-1-2004)