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<baltimore-city-law heading="§ 14 Affordable housing trust fund.">
  <section prefix="§" num="14" heading="Affordable housing trust fund.">
    <para num="(a)" heading="Fund established: scope.">There is a continuing, nonlapsing fund to be used to promote fair housing in neighborhoods throughout Baltimore, develop and preserve affordable housing for renters and homeowners, and increase affordable housing opportunities for low-income working families and other persons of low income, including:<para num="(1)">providing assistance, by loan, grant, rental subsidy, or otherwise, for the planning, production, maintenance, or expansion of affordable housing, including inclusionary housing;</para>
      <para num="(2)">providing predevelopment activities for the acquisition, development, new construction, rehabilitation, and/or restoration of affordable housing;</para>
      <para num="(3)">providing capital and operating assistance for the creation of community land trusts that will develop, own, or operate permanently affordable rental housing and assist low income residents to build a path to homeownership;</para>
      <para num="(4)">providing affordable and fair-housing related services to low income households to assist them in obtaining housing and remaining stably housed, provided such uses shall not exceed 30% of the funds allocated in a given fiscal year; and</para>
      <para num="(5)">providing administrative and planning costs for the operation of the trust fund, provided such uses may not exceed 5% of the funds allocated each fiscal year.</para>
    </para>
    <para num="(b)" heading="Revenue sources.">A fund established under &lt;cite data-path="I|§14"&gt;this section&lt;/cite&gt; may comprise:<para num="(1)">money appropriated to the fund in the annual Ordinance of Estimates;</para>
      <para num="(2)">grants or donations made to the fund;</para>
      <para num="(3)">mandatory or voluntary payments made pursuant to the development policies established by ordinance;</para>
      <para num="(4)">a portion of the tax increment financing revenue from increased property tax receipts for the development of affordable housing inside the project area and special taxing district, or in other locations as permitted by law; and</para>
      <para num="(5)">other sources as established by ordinance.</para>
    </para>
    <para num="(c)" heading="Continuing nature of fund.">Notwithstanding any other provision of this Charter, unspent portions of a fund established under &lt;cite data-path="I|§14"&gt;this section&lt;/cite&gt;, repayments of principal and interest on loans provided from the fund, and interest earned from the deposit or investment of monies from the fund:<para num="(1)">shall remain in the fund, to be used exclusively for the purposes set forth in &lt;cite data-path="I|§14|(a)"&gt;section 14(a) of this article&lt;/cite&gt;&lt;em&gt; {&lt;cite data-path="I|§14|(a)"&gt;subsection (a) of this section&lt;/cite&gt;}&lt;/em&gt;;</para>
      <para num="(2)">do not revert to the general revenues of the City; and</para>
      <para num="(3)">any appropriations do not lapse.</para>
    </para>
    <para num="(d)" heading="Administration and oversight.">
      <para num="(1)" heading="In general.">The trust fund shall be:<para num="(i)">administered by &lt;em&gt;{the} &lt;/em&gt;Baltimore City &lt;em&gt;{Department of} &lt;/em&gt;Housing and Community Development; and</para>
        <para num="(ii)">overseen by a Commission, the members of which shall be appointed, must be confirmed, and shall serve pursuant to &lt;cite data-path="IV|§6"&gt;Article IV, Section 6&lt;/cite&gt;&lt;em&gt;{, of this Charter}&lt;/em&gt;.</para>
      </para>
      <para num="(2)" heading="Commission composition - in general.">The Commission shall include:<para num="(i)">a member appointed by the Mayor with experience in the fields of housing, community development, planning, social services, or public health;</para>
        <para num="(ii)">a member of the lending community with experience in community development and affordable housing finance;</para>
        <para num="(iii)">the Baltimore City Housing Commissioner or his/her designee;</para>
        <para num="(iv)">a resident who rents his/her home and who lives in a household that is extremely low income (i.e., no more than 30% of Area Median Income);</para>
        <para num="(v)">a resident who owns his/her home and who lives in a household that is very low income (i.e., no more than 50% of Area Median Income);</para>
        <para num="(vi)">a homeowner who received assistance through an affordable homeownership program;</para>
        <para num="(vii)">a resident who has received rental assistance;</para>
        <para num="(viii)">a social service provider;</para>
        <para num="(ix)">a representative of the Homeless Services Board;</para>
        <para num="(x)">a low-income-housing and/or fair-housing advocate;</para>
        <para num="(xi)">a nonprofit affordable housing developer;</para>
        <para num="(xii)">a representative of a homebuilders or realtors association of Baltimore; and</para>
        <para num="(xiii)">such different or additional members as may be designated by ordinance.</para>
      </para>
      <para num="(3)" heading="Commission composition - income requirements for at least 4 of members.">Notwithstanding any provision to the contrary, the composition of the Commission shall be comprised of &lt;em&gt;{shall comprise}&lt;/em&gt; at least 4 residents of Baltimore City whose incomes are reflective of those individuals who will be assisted by the expenditures of this trust fund.</para>
      <para num="(4)" heading="Commission President.">The Mayor shall designate one member of the Board as its President and may withdraw that designation and so designate another member.</para>
      <para num="(5)" heading="Commission duties.">The Commission shall:<para num="(i)">make recommendations, advise, and consult with the Department of Housing and Community Development regarding the establishment of essential policies, rules, and regulations relating to the implementation, expenditures, and ongoing operation of the trust fund;</para>
        <para num="(ii)">submit an annual report to the Mayor and City Council on the activities and usage of the funds in the trust fund, including tenure (rental and homeownership), income level served, &lt;em&gt;{and} &lt;/em&gt;unit size (number of bedrooms), and make the report available to the public;</para>
        <para num="(iii)">if necessary, recommend changes to the trust fund to maximize affordability outcomes of the trust fund, to the Mayor and City Council;</para>
        <para num="(iv)">ensure an audit of the fund every four years by a certified public accounting firm; and</para>
        <para num="(v)">exercise any additional duty related to the trust fund as directed by the Mayor and City Council.</para>
      </para>
    </para>
    <para num="(e)" heading="Income targeting.">
      <para num="(1)">All assistance provided by the trust fund shall serve very low income households.</para>
      <para num="(2)">At least half of the assistance in any three-year period must serve extremely low income households.</para>
    </para>
    <para num="(f)" heading="Minimum affordability periods.">
      <para num="(1)">All rental housing assisted by the trust fund must have a minimum affordability period of at least 30 years.</para>
      <para num="(2)">All homeownership housing assisted by the trust fund must meet affordability criteria based in part on the amount of trust fund monies invested in the unit.</para>
    </para>
    <annotation type="History">Initiative “Question J”, ratified Nov. 8, 2016</annotation>
    <annotation type="Editor's Notes">For statutory requirements governing the proposal, adoption, and publication of administrative rules and regulations, see General Provisions Article, Title 4 {“Administrative Procedure Act – Regulations”}.</annotation>
  </section>
</baltimore-city-law>
