Posts by: Peter E. Ciferri

To see articles written by our attorneys on a range of topics, just use the links to the right.
What Is A Tenant’s Exclusive Use Clause?

One important consideration for landlords and tenants in commercial lease negotiations in Maryland is whether to demand a tenant’s exclusive use clause (if you are the tenant) or when to extend that right to your tenants (if you are a landlord). An exclusive use clause grants the tenant the right to prevent the landlord from…READ MORE

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Are Subdivision Approvals And Other Entitlements Affected By COVID?

The sudden onset of COVID-19 has led every branch of State and Local governments scrambling to impose appropriate regulations and policies aimed at balancing public safety and avoiding a massive backlog.  Each local planning and zoning authority, board of appeals, and permitting department already has a unique set of local rules for conducting business, but…READ MORE

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How Do I Give Notice Under My Contract?

COVID-19 closures, stay-at-home orders, and governmental restrictions are wreaking havoc on otherwise happy business relationships. Meeting monthly payment obligations is one major concern facing all parties as the calendar turns to April without an end to the pandemic crisis.  Businesses might also encounter difficulties reaching other deadlines or touchstones in a timely and complete manner….READ MORE

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Taking The Clearer Path With Administrative Subdivisions In Montgomery County

Some development project applicants in Montgomery County might be able to take advantage of streamlined “Administrative Subdivision” regulations. Administrative Subdivision allows smaller projects to proceed with less regulatory red tape than the traditional preliminary plan process required by the Montgomery County Subdivision Regulations. If the subdivision plan fits certain specific legal and engineering criteria, then…READ MORE

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Do I Owe Development Impact Taxes In Montgomery County?

Applicants for building permits for new development in Montgomery County are generally subject to County “Impact Taxes”.  These impact taxes are for transportation and education impacts and are designed to defray the impact that new residents will have on the demand for schools and transportation infrastructure. These impact taxes can cost tens (or even hundreds)…READ MORE

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How do I appeal a Planning Board decision?

Final decisions made by the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission can be appealed within a specific statutory timeframe to the Circuit Court for Montgomery County. The Maryland Rules set specific timelines for an appellant in ordering transcripts, issuing notices, and preparing written memoranda to argue your case.  The…READ MORE

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How do I add an Accessory Apartment to my home?

Montgomery County Council adopted new and revised Zoning Ordinance regulations making it easier to secure permits for an accessory apartment unit for most agriculturally or residentially zoned properties. Under the revised County Zoning Ordinance, homeowners who previously would have been subject to a conditional use process to secure “Attached Accessory Apartment” or “Detached Accessory Apartment”…READ MORE

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What Does Lodestar Mean?

Much is being made of the use of the so-called “archaic” word “Lodestar”, a 14th century word used by an anonymous op-ed penned by an anonymous White House official critical of the President, according to the Washington Post. The word lodestar is not a mystery to lawyers, however.   As recently explained by the Court…READ MORE

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Can I Run An Airbnb® in Montgomery County?

A recent online search revealed approximately 227 available Airbnb®rooms, cottages, and homes for rent in the Bethesda, Chevy Chase, and Silver Spring areas of Montgomery County. In a county known for regulations and restrictions, you might be asking: Are Montgomery County’s residents allowed to operate their residential homes as short-term rentals? As of July 1,…READ MORE

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Dangerous Easements: Do They Limit My Property Rights?

At some point during your life as a property owner, you will likely receive a strongly worded letter from governmental authority or a neighbor stating that they have the right to access your property by utilizing an “easement” or a “right-of-way”. Sometimes you might not even get a letter before noticing a stranger wandering through…READ MORE

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