James Kane, Jr. and Realty Development Group, Inc. v. The Board of Appeals of Prince George's County, Sitting as the Board of Administrative Appeals, 390 Md. 145

Summary

The Maryland Court of Appeals considered whether Prince George's County could issue fire-code correction orders to a landlord and management agent for hazardous conditions caused by tenants. The court held that the plain language of the County Code authorized citations to property owners and agents, even when they did not create the violations. It also held that the code, as applied, did not violate the petitioners' due-process or equal-protection rights.

Holdings

1. The plain language of § 11-162 permits the Fire Department to serve orders or notices on the owner, operator, occupant, or agent, even if that person did not cause the condition or violation; the qualifying phrase "responsible for the condition or violation" modifies only "other person."
2. The County Fire Code, as applied, did not violate due process because requiring landlords or managers to correct dangerous fire conditions bears a real and substantial relation to public health, safety, and welfare and was not shown to be arbitrary, oppressive, or unreasonable.
3. The County's practice of citing landlords and managers rather than tenants did not violate equal protection because the classification is subject to rational-basis review and is rationally related to the legitimate governmental objective of quickly and effectively correcting dangerous fire conditions.

Questions Presented

1. Whether Prince George's County Code § 11-162 permits the Fire Department to issue correction orders and citations to an owner, operator, occupant, or agent even when that person did not cause the condition or violation.
2. Whether the County Fire Code, as applied to petitioners, violated due process by requiring the owner or manager to correct dangerous conditions caused by tenants.
3. Whether the County's practice of citing landlords or managers rather than tenants violated the Equal Protection Clause of the United States Constitution or Article 24 of the Maryland Declaration of Rights.

Disposition

affirmed