Solberg v. Majerle Management

879 A.2d 1015, 388 Md. 281, 2005 Md. LEXIS 431
CourtCourt of Appeals of Maryland
DecidedJuly 18, 2005
DocketNo. 138
StatusPublished
Cited by1 cases

This text of 879 A.2d 1015 (Solberg v. Majerle Management) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Solberg v. Majerle Management, 879 A.2d 1015, 388 Md. 281, 2005 Md. LEXIS 431 (Md. 2005).

Opinion

WILNER, J.

This is a breach-of-lease action in which the District Court, and on appeal the Circuit Court for Montgomery County, ruled for the landlord. The action ultimately was grounded on what the landlord argued was, and the Circuit Court found to be, an unjustified refusal by the tenants to permit inspections of the leased premises. The tenants, who are disabled, contended that the landlord was required by both the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and the lease to make reasonable accommodations in light of their disabilities and that her agent failed to do so. Although there was a clear procedural glitch at the Circuit Court level, the relevant issue before us is essentially a factual one — whether there is substantial evidence in the record to support the Circuit Court’s conclusion that the landlord did, indeed, attempt to make reasonable accommodations and that the tenants’ refusal to permit scheduled inspections by the landlord’s agent constituted a breach of the lease. We shall affirm.

BACKGROUND

In September, 1999, Deborah Sossen and Erick Solberg, petitioners here, entered into a 24-month lease for a single-family dwelling at 10017 Brookmoor Drive, in Silver Spring, Maryland. The lease was evidenced by a Dwelling House [285]*285Lease and a U.S. Department of Housing and Urban Development (HUD) Section 8 Lease Addendum. For our purposes, two provisions of the lease are particularly relevant. Section 13 required the tenants to allow the landlord or her agent to enter the premises for the purpose of inspection at any reasonable time.

Section 27, which by its terms prevailed over any conflicting provisions in the lease, recited that the landlord had received “official medical testimony regarding tenants’ requirement for special adaptations to accommodate to their handicapping conditions” and understood that they were on the Department of Agriculture’s pesticide sensitive list. Based on that documentation, the landlord agreed to allow “reasonable accommodations and modifications for Tenants’ disabilities.” In that regard, the landlord agreed to create “the least chemical impact/load to Tenants’ health,” and that “tpjersons entering unit for repairs will adhere to disability guidelines as per medical advice and Tenant instructions unless for emergency repairs to prevent damage to property.” (Emphasis added). Section 27 precluded the landlord from terminating the lease except for certain causes, including “[sjerious or repeated violations of the terms and conditions of the lease.”

The landlord was an individual who lived in Colorado, and, until June, 2001, she relied on her sister to manage the property. It is not clear whether any inspections of the property took place pursuant to § 13 during that period of time. In June, 2001, the landlord entered into a property management agreement with Majerle Management, Inc., in which she appointed Majerle as her agent to manage the property. The agreement required Majerle to make inspections of the property as it felt necessary, “but approximately twice annually,” and to “report matters concerning the condition of the Premises to said Owner.” On June 22, 2001, Mr. Majerle informed the tenants in writing that his company had been employed as the landlord’s agent. In that letter, he advised:

“I will personally manage your home and will conduct routine matters including periodic inspections. The first [286]*286inspection is scheduled for July 11 between 3:15 and 4:15 PM. These inspections are conducted semi-annually, during normal business hours and you must be present. If this date or time is not acceptable, you may call to reschedule. Otherwise, your failure to be home will be treated as a broken appointment subject to a $125.00 charge.”

On July 10 — the day before the scheduled inspection-Mr. Solberg left a voice-mail message with Majerle and sent a confirming fax message cancelling the inspection.1 His excuse was that their neighbors had been applying weed control to their homes and, due to Ms. Sossen’s extremely ill nature, he and Ms. Sossen had to leave the area. Solberg noted that the Montgomery County Housing Opportunities Commission (HOC) also needed to conduct an annual inspection for its own purposes and that the Commission had been asked to reschedule “for a much later date due to her condition and the need to keep the house closed up and keep from tra[c]king in pesticide residue and other incitents.” Solberg acknowledged “your need to inspect for the first time to know what you are managing” and promised “to work diligently to provide this to you at the first available time.”

The inspection was rescheduled and took place without incident in August, 2001. Majerle said that, although there were no major problems, he noticed open electrical boxes in the ceilings, a hole in the ceiling in an upstairs bedroom, a lot of clutter both inside and outside the house, and the “[ejxteri- or not being taken proper care of.” The County HOC also inspected the house in August and found a number of problems that Majerle resolved. In December, 2001, Solberg sent to Majerle several documents pertaining to his and Ms. Sossen’s disability, among which was a “To Whom It May Concern” letter from Ms. Sossen’s physician, Dr. Grace Ziem. Dr. Ziem advised that Ms. Sossen had a “severe medical condition [287]*287involving seizures and other severe consequences of exposure to even trace levels of irritants, pollutants and petrochemicals.” As a result, she said:

“It is medically necessary that no individual coming to her home have fabric softener residue on their clothing, be wearing clothing that has been recently drycleaned or any other commercial cleaning process, not having pumped gas prior to coming, not wearing recently polished shoes, not having used or come into close contact that day with household or commercial cleaning agents including but not limited to ammonia or Clorox, not having a recent permanent (within about one week) or other beauty salon treatments within about two days. The individual should not have any scented product of any type on hair, body, or clothing. The individual should be a nonsmoker (or if a smoker, should come before smoking a cigarette that day and after shampooing, bathing, and washing clothes in baking soda and special products which the patient can describe). It is medically recommended that the person come as their first work activity of the day, to avoid contamination and severe consequences, coming directly from home, if possible. It is important that the individual not be in the home when the patient is not present because contaminants linger in the home in sufficient concentration to cause medical complications when she returns to her home.”2

On March 20, 2002, Majerle informed the tenants that he had scheduled an inspection for April 1, 2002, between 1:30 and 2:30 p.m. and asked that, if they were unable to be home at that time, to call his office to reschedule. On March 29, Solberg faxed a letter to Majerle, stating that he had been out of town from February 5 to March 25 and had just learned of the date for the inspection. The point of his letter was that it was necessary to reschedule because “[w]e need to find out [288]*288exactly when the neighbors plan lawn treatment and with what chemical prior to setting an appointment.” He said that he would let Majerle know as soon as possible.

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Cite This Page — Counsel Stack

Bluebook (online)
879 A.2d 1015, 388 Md. 281, 2005 Md. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solberg-v-majerle-management-md-2005.