§ 35-6-110. SAME - DENIALS, SUSPENSIONS, AND REVOCATIONS; GROUNDS.

(a)

Grounds. The Director may deny a license to an applicant or suspend or revoke a license if the applicant or licensee:

(1)

Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;

(2)

Fraudulently or deceptively uses a license;

(3)

Violates this title;

(4)

Violates a regulation adopted under this title;

(5)

Fails to correct a final order issued under Article 3, Title 6 of the code; or

(6)

Fails to comply with any of the requirements of § 35-6-106 of this subtitle; or

(7)

Except as provided in subsection (b) of this section, refuses to allow an inspection of the dwelling unit by the Department.

(b)

Exception to denial, suspension and revocation.

(1)

The Director may not deny, suspend or revoke a license if:

(i)

The applicant or licensee attempts to allow the home inspector to inspect a dwelling unit but the tenant refuses to grant the home inspector access to the dwelling unit; and

(ii)

The applicant or licensee makes a bona fide effort, such as filing an action in District Court, to grant the home inspector access to the dwelling unit.

(2)

The Director may require evidence of a bona fide effort to grant the home inspector access to the dwelling unit.

(3)

If a court of competent jurisdiction determines that a tenant's refusal to grant the home inspector access to the dwelling unit is not a breach of the underlying lease, the applicant or licensee is no longer required to file the action required under paragraph (1)(ii) of this subsection as to that tenant.

(1988 Code, § 18-110) (Bill No. 49-02, § 1, 7-25-2002; Bill No. 76-03, § 14, 7-1-2004; Bill No. 87-07, § 1, 2-3-2008)

Editor's note:
  Section 1 of Bill 40-06 repeals the sunset provision contained in Section 9 of Bill 49-02.