Serving Somerset, Wicomico and Worcester Counties on the Eastern Shore of Maryland

314 Franklin Avenue | Suite 106 | Berlin, MD 21811 www.coastalrealtors.org

April 1, 2016

Princess Anne Commissioners

Town of Princess Anne

30489 Broad Street

Princess Anne, Md. 21853

Dear Princess Anne Commissioners,

The Coastal Association of REALTORS® would like to express its concern regarding Ordinance

2016-1, which allows for a fine system to penalize landlords and property owners for unruly social

events. We feel the ordinance unfairly targets and places an undue burden on property owners, while

also negatively impacting property values and impeding on the private property rights of not only the

landlords, but also the homeowners in Princess Anne.

We believe that this ordinance would stigmatize and discourage investment properties in Princess

Anne. Because this ordinance is obviously born from concerns surrounding college parties, we fear

that landlords would feel discouraged from renting to college students, and that sort of discrimination

based on a renter’s age is a violation of the Fair Housing Act. The only alternative is to either avoid

purchasing investment properties or put currently owned rentals on the market, which would create

an influx of vacant properties in Princess Anne.

We are also concerned that this ordinance limits the options of current homeowners who may want to

sell their properties in the future, by possibly eliminating the potential for sale to an investor.

While we certainly understand the importance of obeying the law and being good neighbors, we do

not feel that landlords should be financially penalized for the behavior of adult tenants, particularly

not after a first offense. Since a majority of freshman students tend to reside on campus, it’s

reasonable to assume that these tenants are legal adults. There are laws already on the books to

address illegal behavior such as underage drinking, excessive noise, public drunkenness, vandalism,

etc., and it is the responsibility of law enforcement, not private property owners, to enforce said laws.

Additionally, the eviction process is complex and lengthy. Unless there is already something in a

lease stating an unruly event is grounds for eviction, it will be difficult to prove in court that the

eviction was justified. At minimum, the eviction process takes two months to complete, and during

that time, some unruly tenants may retaliate. It is entirely possible that rampant evictions could lead

to increased and even more unruly events.

Serving Somerset, Wicomico and Worcester Counties on the Eastern Shore of Maryland

314 Franklin Avenue | Suite 106 | Berlin, MD 21811 www.coastalrealtors.org

Regarding response time costs, we are concerned that the ordinance does not clearly establish said

costs and wonder if the town will begin charging all of its business owners for police response. If a

business is robbed, and police response is necessary, will the business owner be charged a fee? We

are also concerned that charging for police response will deter businesses from calling the police.

Take into consideration what other college towns in Maryland do to address college parties.

The City of Salisbury does not fine property owners for police response to unruly social events, and

Salisbury University’s student body is double the size of the University of Maryland Eastern Shore.

The city simply enforces its nuisance laws.

Earlier this year, the Baltimore County Council passed a bill similar to what you are considering to

address unruly social events near Towson University and University of Maryland Baltimore County.

That bill allowed for issuance of a $500 fine to the tenant on first violation. The property owner

receives a warning. It is after the second violation that the property owner receives a fine.

That being said, we’d recommend an amendment to the proposed law that would allow for a warning

in the event of a first offense, rather than an automatic $500 fine. It is unreasonable to expect a

property owner to either pay $500 or evict their tenants after their first offense. Is eviction the

appropriate punishment for having a party? Either way, there is a cost for the landlord, whether it be

the fine or legal costs associated with the eviction process.

At minimum, we’d appreciate your consideration of an amendment to the ordinance allowing for a

warning on the first offense. However ideally, the town would consider a more robust conversation

not only with the university, but also with the landlords and REALTORS®. Education and

cooperation, rather than punishment, is always the most effective solution.

The Coastal Association of REALTORS® represents over 1,000 REALTOR® and affiliate members

in Somerset, Wicomico and Worcester counties.

Thank you.

Joseph Wilson

Chair, Government Affairs Committee

Coastal Association of REALTORS®