OC Scores ‘Nice Win’ In Rental Overcrowding Case

OCEAN CITY — While Ocean City continues to wrestle with the issue of overcrowding in rentals in single-family home zones in the resort, the town did secure a “nice win” in District Court this week on an unrelated municipal infraction for an overcrowding issue at a property dating back to July.

Throughout the summer, town officials debated stronger codes and enhanced enforcement for the issue of overcrowding at rental properties in, year-round, single-family home neighborhoods in Ocean City. The debate came to a head with a highly attended public hearing in August, and while resort officials continue to explore possible changes to the zoning codes affecting rental properties, the town continues to try to enforce what is already on the books.

At least one case of overcrowding at a rental property on Bayshore Drive dating back to July resulted in the issuance of a municipal infraction and the case was heard in District Court on Wednesday. Ocean City Chief Building Inspector Kevin Brown represented the town at the hearing, which resulted in a pair of $500 fines for the defendant property owner. Following the case, Brown called the court’s ruling in the case a victory for the town in its larger battle against overcrowded rentals.

“We won a really good case today,” he said. “Obviously, some eyebrows have been raised about our overcrowded rental problems, and we’re hoping to set a standard with our enforcement of the existing codes and in this case, there was a black and white requirement in the code and the court upheld it.”

Ocean City Communications Manager Jessica Waters said Wednesday’s case was a small victory in the larger battle to rein in the overcrowding issue in Ocean City.

“Not only was it a nice win for the town, but it also gives us a lot of hope for our enforcement efforts in the future,” she said. “Overcrowding is often a problem in rental properties here in Ocean City, as has been much publicized in the past few months. All of the rental properties in Ocean City, including single-family homes, duplex structures, townhouse and multi-family units, are required to comply with occupancy codes.”

Waters said while the town continues to look for solutions to the overcrowding issues in residential R-1 and mobile home districts, town departments continue to enforce the existing code requirements already on the books.

“The intent of the code is to ensure public health, safety and welfare of all individuals that visit or reside in Ocean City,” she said. “Overcrowding can have a destructive effect on not only the property and the neighborhood, but the town as a whole, so by eliminating overcrowded properties, we will improve our community.”

Enforcing the existing codes related to overcrowding for the thousands of rental properties scattered throughout all of areas of the city continues to present challenges. Waters said the various town departments are committed to enforcing what is already on the books while exploring new code changes.

“Compliance has been a challenge and determining compliance with occupancy limitations for a room used for sleeping is a two-step process,” she said. “Having said that, making sure renters and property owners are complying with the codes is an extremely high priority for the town. We have strict enforcement and expect safe, healthy and habitable housing conditions for our residents and visitors.”

To that end, the town’s Planning and Zoning Commission recently re-established the Property Review and Enforcement Strategies for Safe Housing, or PRESS, committee to review mounting overcrowding concerns. The PRESS committee, made up of members from various town departments including the police and fire department, the fire marshal’s office, building and zoning officials and others, functions as a task force of sorts to make recommendations to the town’s elected officials on possible code changes.

While that effort is ongoing, Waters said Wednesday’s court victory on the municipal infraction is a small but significant one in the larger battle.

“The victory in court this week is hopefully only a step in improving overcrowding issues in our community and assuring compliance with all of the laws, codes and ordinances to provide the most livable community for our residents and guests,” she said.

Waters said Wednesday’s court victory represented the cumulative effort of all of the departments involved.

“I do want to recognize the work of the employees who assisted in this victory,” she said. “We would not have been able to accomplish such a noteworthy triumph without the hard work, documentation, dedication and teamwork of the town of Ocean City staff. Not only did our building department put a lot of time and effort into this case, but they also worked collectively with the fire marshal’s office, police department and zoning department. It was an amazing team effort which should be acknowledged during this success.”