Maryland HB 1604: Business Regulation - Limited Residential Lodging

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1604*

HOUSE BILL 1604
C2 8lr2830

By: Delegate Frick
Introduced and read first time: February 9, 2018
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Business Regulation – Limited Residential Lodging 2

FOR the purpose of altering certain definitions to ensure an innkeeper of certain limited 3
residential lodging has the same rights and responsibilities as an innkeeper of a 4
lodging establishment; providing that an innkeeper may not use a hosting platform 5
to offer a limited residential lodging unit to the public unless the innkeeper satisfies 6
certain requirements; authorizing certain State law enforcement agencies, a county, 7
or a municipality, after making a certain determination, to make a certain order, 8
issue a certain civil citation, impose certain penalties, and file a certain action; 9
providing that a hosting platform operator may not participate in or facilitate certain 10
booking transactions unless the hosting platform operator satisfies certain 11
requirements; requiring certain hosting platform operators to keep a record of 12
certain information for a certain period of time; requiring certain records to be made 13
available, under certain circumstances, to the Comptroller, the Department of Labor, 14
Licensing, and Regulation, certain State law enforcement agencies, a county, or a 15
municipality; authorizing certain courts, under certain circumstances, to issue a 16
certain injunction; authorizing certain local jurisdictions to notify an innkeeper or 17
hosting platform that the use of certain limited residential lodging units for limited 18
residential lodging is in violation of certain laws; providing that a certain notice be 19
provided to the hosting platform in a certain manner; authorizing certain local 20
jurisdictions to establish certain laws regulating certain activities; defining certain 21
terms; making the provisions of this Act severable; and generally relating to the 22
regulation of certain limited residential lodging units. 23

BY repealing and reenacting, with amendments, 24
Article – Business Regulation 25
Section 15–201 26
Annotated Code of Maryland 27
(2015 Replacement Volume and 2017 Supplement) 28

BY adding to 29

2 HOUSE BILL 1604

Article – Business Regulation 1
Section 15–208 and 15–209 2
Annotated Code of Maryland 3
(2015 Replacement Volume and 2017 Supplement) 4

BY repealing and reenacting, without amendments, 5
Article – Land Use 6
Section 1–101(a), (i), and (t) 7
Annotated Code of Maryland 8
(2012 Volume and 2017 Supplement) 9

BY adding to 10
Article – Land Use 11
Section 4–105 12
Annotated Code of Maryland 13
(2012 Volume and 2017 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Business Regulation 17

15–201. 18

(a) In this subtitle the following words have the meanings indicated. 19

(B) “BOOKING TRANSACTION” MEANS ANY TRANSACTION IN WHICH THERE 20
IS A CHARGE TO OCCUPY ANY DWELLING, SLEEPING, OR OTHER LODGING 21
ACCOMMODATIONS IN A LODGING ESTABLISHMENT MADE AVAILABLE FOR USE BY 22
TRANSIENT GUESTS. 23

(C) “HOSTING PLATFORM” MEANS AN INTERNET–BASED DIGITAL ENTITY 24
THAT: 25

(1) ADVERTISES THE AVAILABILITY OF LIMITED RESIDENTIAL 26
LODGING UNITS FOR RENT; AND 27

(2) RECEIVES COMPENSATION FOR PROVIDING ADVERTISING, 28
FACILITATING RESERVATIONS, OR COLLECTING PAYMENTS FOR BOOKING 29
TRANSACTIONS ON BEHALF OF AN INNKEEPER THAT IS THE OWNER, OPERATOR, 30
MANAGER, OR KEEPER OF A LIMITED RESIDENTIAL LODGING UNIT. 31

(D) “HOSTING PLATFORM OPERATOR” MEANS A PERSON THAT OWNS OR 32
OPERATES A HOSTING PLATFORM. 33

HOUSE BILL 1604 3

[(b)] (E) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 1
establishment, or the agent of an owner, operator, manager, or keeper of a lodging 2
establishment. 3

(F) “LIMITED RESIDENTIAL LODGING” MEANS THE USE OF A RESIDENTIAL 4
DWELLING UNIT, INCLUDING ANY SINGLE–FAMILY HOUSE OR DWELLING, 5
MULTIFAMILY HOUSE OR DWELLING, CONDOMINIUM, OR COOPERATIVE, OR ANY 6
PORTION OF THE UNIT BY AN INNKEEPER TO PROVIDE ACCOMMODATIONS TO 7
TRANSIENT GUESTS FOR SLEEPING OR LODGING PURPOSES IN EXCHANGE FOR A 8
CHARGE OR FEE IMPOSED IN A BOOKING TRANSACTION. 9

(G) “LIMITED RESIDENTIAL LODGING UNIT” MEANS A RESIDENTIAL 10
DWELLING UNIT OR A PORTION OF THE UNIT USED FOR LIMITED RESIDENTIAL 11
LODGING. 12

[(c)] (H) “Lodging establishment” means: 13

(1) an inn, hotel, motel, or other establishment that has at least four rooms 14
available for a fee to transient guests for lodging or sleeping purposes; OR 15

(2) A LIMITED RESIDENTIAL LODGING UNIT. 16

15–208. 17

(A) AN INNKEEPER MAY NOT USE A HOSTING PLATFORM TO OFFER A 18
LIMITED RESIDENTIAL LODGING UNIT TO THE PUBLIC UNLESS: 19

(1) THE INNKEEPER IS LICENSED BY THE COMPTROLLER UNDER 20
TITLE 11, SUBTITLE 7 OF THE TAX – GENERAL ARTICLE; AND 21