§ 5-174. Definitions.

In this Subtitle, the following words shall have the meaning indicated.

(a)

Booking service means a reservation and/ or payment service provided by a person or entity that facilitates a short-term rental transaction between a host and a prospective short-term rental guest for which the person or entity collects fees in connection with the reservation, or facilitates payment services between the host and guest.

(b)

Days means calendar days.

(c)

Department means the Department of Permitting, Inspections, and Enforcement.

(d)

Director means the Director of the Department of Permitting, Inspections, and Enforcement.

(e)

Dwelling unit means one or more bedrooms providing permanent provisions for sleeping.

(f)

Host means a legal owner of a residential dwelling unit and who provides or offers to provide all or part of a residential dwelling unit for short-term rental and has obtained a short-term rental license from Prince George's County. The host must provide proof of ownership with a copy of his or her Homestead Tax Credit filing.

(g)

Hosting platform ("Platform") means a person or entity that facilitates a short-term rental by providing booking services through which a licensed host may lawfully provide a residential dwelling unit for short-term rental use.

(h)

Nuisance means the following:

(1)

An act or condition knowingly created, performed, or maintained on private property that constitutes a local code violation and that:

(A)

Significantly affects other residents of the neighborhood;

(B)

Diminishes the value of neighboring property; and is injurious to public health, safety, or welfare of neighboring residents; or obstructs the reasonable use of other property in the neighborhood;

(2)

A property where the tenant, owner, or other occupant has been convicted of violations of § 10-201 or § 10-202 of the Criminal Law Article for conduct occurring on, in, or in relation to the property; or

(3)

A property to which police or other law enforcement agencies have responded to complaints or calls for service three (3) or more times within any 30 day period.

(i)

Owner Occupied means the host and legal owner of a residential dwelling unit who is present during the entire time of the short-term rental. Owner Occupied short-term rentals shall not be utilized by a short-term rental guest for more than 180 days per calendar year.

(j)

Permanent resident means an individual who is domiciled in Prince George's County, Maryland, maintains a place of abode in Prince George's County for 180 or more days during the year and is the individual who owns the property and obtains the homestead tax credit at that address. For purposes of this Subtitle, a host may have only one (1) permanent address, which is the address the host uses to obtain the homestead credit.

(k)

Short-term rental means a residential dwelling unit occupied by a short-term rental guest, other than a permanent occupant, for fewer than 31 consecutive days and no more than 90 days per calendar year, where a host receives monetary compensation for such occupancy, if the owner is not present during the rental. A short-term rental may be occupied by a short-term rental guest for no more than 180 days per calendar year, if the host is present during the short-term rental. A short-term rental provider shall not combine time limits for short-term rentals. The maximum allowable days for a short-term rental are 180 calendar days, provided all requirements are met for that time frame. A short-term rental is a tourist home that is an accessory use to a dwelling, but does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house.

(l)

Short-term rental guest means a transient who occupies, or has the right to occupy, a lawfully licensed short-term rental for a period of 30 days or less during any one continuous stay. This does not include a hotel, motel, inn, boarding house, group residential facility, fraternity or sorority house.

(m)

Short-term rental provider means a licensed host who lawfully offers for rent a short-term residential rental and does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house.

(CB-11-2018)

Editor's note— Section 3 of CB-11-2018 (DR-4) provides that at least 50% of the projected revenue generated by the fees or penalties shall be reserved in the annual County budget process for permitting, inspections, or enforcement personnel costs of the Department of Permitting, Inspections and Enforcement.

Section 4 of CB-11-2018 (DR-4) states that these provisions shall take effect on October 1, 2019.