§ 13-162.01. Rental facilities in flood areas; notice to prospective tenants.

(a)

When the Department of Permitting, Inspections, and Enforcement determines that any part of a multifamily rental facility, including the parking area thereof, is within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, and is so designated on a Flood Hazard Area Boundary Map furnished by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development, or the Flood Plain maps of the U.S. Army Corps of Engineers, or is otherwise so determined as being within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, then the Director shall be provided with a property plat, aerial photo, or other graphic depiction showing that portion of the multifamily rental facility, including the parking area thereof, situated within the Flood Hazard Boundary, provided that if the Landlord has obtained from a professional engineer registered in the State of Maryland a certification that a building and the parking area normally used by tenants therein is not within the one hundred (100) year floodplain, which certification shall be based upon a detailed comprehensive floodplain study prepared by a public authority or an independent study prepared by such engineer, and which independent study shall be presented to and accepted by the Director, the building and the parking area shall be exempt from the provisions of this Section. The Director in turn shall immediately notify the landlord who, upon receipt of the notification, shall include one of the following acknowledgements in any future lease for any tenant who would occupy any building situated within the Flood Hazard Boundary, or who would normally utilize a parking or storage facility area any portion of which is situated within the Flood Hazard Boundary, such parking areas to be clearly posted to alert those using it that the parking area is subject to flooding:

(1)

In the event of heavy rainfall the unit you are to occupy and/or the motor vehicle parking area and/or the separate storage facility (as the case may be) are situated within a Flood Hazard Area boundary and may be subject to flooding which could damage personal belongings and motor vehicles. Because of potential loss, you may be eligible for U.S. Government subsidized flood insurance on the personal belongings in your apartment building. Because of this danger of loss of your personal belongings due to flooding, you should consider acquiring flood insurance which may be purchased from most insurance agents.

(A)

Damage to motor vehicles is not covered by such insurance; therefore, you should also determine whether you have proper motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in the area.

(B)

The tenant acknowledges reading and understanding the foregoing warning concerning flooding and the availability of flood insurance, and hereby assumes the risk of loss which may result from such flooding.

Tenant's signature

or

(2)

A professional engineer registered in the State of Maryland has certified that (strike the phrases that do not apply) the apartment unit you are to occupy - the first floor and basement of the building in which your unit is located - a portion of the facility's parking area in which you would normally park your motor vehicle - (is)(are) situated within an area which has been designated as being within the one hundred (100) year floodplain and therefore may be subject to flooding. You may, therefore, be eligible for subsidized, low cost U.S. Government flood insurance on your personal belongings located in the building. Accordingly, you may wish to consider acquiring such insurance which may be purchased from insurance agents.

(A)

Damage to motor vehicles is not covered by Government subsidized flood insurance. You should determine whether you have proper motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding when your vehicle is parked in an area where flooding occurs.

(B)

The tenant acknowledges reading and understanding the foregoing warning concerning flooding and the availability of flood insurance, and hereby assumes the risk of loss which may result from such flooding.

Tenant's signature

(b)

Such acknowledgement may be in the form of an attachment or, if included in the lease form, it shall be distinctly set apart from any other provisions of the lease with a space provided for a written acknowledgement that the tenant is aware of the flood risk. Any such lease not accompanied by the foregoing acknowledgement, and either the tenant's signature or witnessed mark specifically and independently related to the acknowledgement, shall be unenforceable by the landlord.

(c)

Within five days after receipt of notification from the Director, the landlord shall furnish all tenants occupying dwelling units in premises within the Flood Hazard Area Boundary, or utilizing a parking or separate storage facility within the Flood Hazard Area Boundary, with a written warning in the above stated form (1) or (2) without the statement relating to the assumption of risk, and obtain the tenant's signature as prescribed herein.

(d)

Any landlord electing to provide the notice specified under subparagraph (2) shall obtain through the services of a professional engineer registered in the State of Maryland the data required for completion of the notice.

(CB-184-1975; CB-64-1976; CB-81-1983; CB-60-1986; CB-79-1992; CB-18-2013)