HAGERSTOWN, Md. — Hagerstown officials are considering changes to the city’s landlord-tenant regulations after a recent utility shutoff at a local apartment complex displaced residents and exposed what some council members described as gaps in tenant protections.
During the June 9 work session, Hagerstown Mayor and Council discussed whether additional safeguards should be implemented to hold negligent landlords accountable while avoiding unnecessary burdens on responsible property owners.
This stemmed from a recent incident in which tenants were displaced after utility services were disconnected at a residential property, forcing residents to seek emergency assistance and raising questions about what role the city can play when landlords fail to meet their obligations.
City officials said the situation highlighted limitations in existing local regulations and prompted council members to explore whether stronger local protections are warranted.
“We can’t keep saying go to court,” Councilman Tiara Burnett said during the discussion. “The residents are looking to the city for assistance.”
Existing regulations already in place
Neighborhood Services Manager Paul Fulk explained that the city currently has only one ordinance that specifically regulates rental housing: the Rental Facilities Ordinance.
Most other city regulations, including property maintenance standards and utility requirements, apply equally to all properties, whether owner-occupied or rented.
Fulk noted that many aspects of landlord-tenant relationships are governed by Maryland law rather than municipal ordinance. Lease requirements, tenant rights and utility responsibilities are largely established at the state level.
The city requires rental properties to be licensed and inspected, but officials do not regulate the contents of lease agreements beyond state-law requirements.
Hagerstown oversees approximately 10,000 rental units, making it one of the largest rental housing markets among Maryland municipalities.
Council members seek greater accountability
While acknowledging the challenges of local regulation, council members expressed interest in strengthening tenant protections, particularly in cases where residents are displaced due to landlord negligence.
Among the ideas discussed was the creation of a landlord registry that would distinguish between property owners in good standing and those with repeated violations or complaints.
Council members said such a system could improve transparency for prospective tenants and encourage landlords to maintain compliance with city regulations.
Another proposal would require landlords to provide more comprehensive information packets to tenants, including emergency contact information, utility procedures and information regarding tenant rights under state law.
Council members also discussed whether the city could establish clearer guidelines on landlords’ responsibilities when tenants are forced to leave their homes due to conditions caused by the property owner.
Several members argued that landlords should bear greater responsibility when tenants lose access to essential services through no fault of their own.
“If there’s actual negligent actions from the landlord and the tenants are displaced, there should be some actions,” Burnett said. “Especially if they’re paying for a utility and it’s not getting paid.”
Utility shutoffs raise concerns
A portion of the discussion focused on situations in which landlords collect utility payments from tenants but fail to pay utility providers.
Councilman Kristin Aleshire raised concerns about whether current laws sufficiently protect tenants who pay rent but lose access to essential services like heat, electricity, water or natural gas. He questioned whether residents have immediate options to address utility shutoffs.
Officials noted that tenants are often directed toward legal aid organizations or the court system, but those remedies can take weeks or months to resolve, while displaced residents still need immediate housing and assistance.
Council members suggested there may be opportunities to create stronger local deterrents against landlord negligence, although they acknowledged that many potential solutions would require changes to state law.
Balancing tenant protections and landlord rights
Throughout the discussion, council members emphasized that any future ordinance changes should target negligent property owners without creating unnecessary requirements for landlords who already comply with regulations.
“I don’t want to punish the good landlords,” Burnett said. “If the good landlords are doing what they’re supposed to do, then anything that we put in place won’t impact them.”
Fulk agreed that any new requirements would need to be carefully structured to distinguish between circumstances caused by negligence and situations beyond a landlord’s control, such as fires, natural disasters or other emergencies.
Officials also acknowledged the practical challenges associated with enforcing new regulations. Reviewing lease agreements or monitoring compliance across thousands of rental units would require significant staffing and resources.
Staff directed to research options
At the conclusion of the discussion, Neighborhood Services was directed to research legal options and identify additional protections that could be implemented under Maryland law.
Officials plan to consult with the city attorney and examine approaches used by other jurisdictions before presenting recommendations to the council.
The issue is expected to return for further discussion in future meetings as city leaders continue evaluating ways to strengthen tenant protections while maintaining a balanced regulatory environment for landlords.
For now, council members say the recent utility shutoff serves as a reminder that more work may be needed to ensure residents are protected when housing conditions become unsafe or uninhabitable.
