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<baltimore-city-law heading="Regulation .04 Eligibility Criteria.">
  <section prefix="Regulation" num=".04" heading="Eligibility Criteria.">
    <para num="A.">To be eligible for the credit a property owner shall meet the following criteria:<para num="(1)">Purchase and occupy as the property owner’s principal residence a highperformance newly constructed dwelling;</para>
      <para num="(2)">Receive a high-performance certification from DHCD;</para>
      <para num="(3)">File a state income tax return as a resident of Baltimore City for each taxable year for which the credit is sought;</para>
      <para num="(4)">The property owner may not be receiving the credit previously authorized under &lt;cite data-doc="City of Baltimore, Md., Code" data-path="|28|§10-5"&gt;City Code Article 28, § 10-5&lt;/cite&gt;; and</para>
      <para num="(5)">The property owner shall timely submit a completed application in accordance with the specifications in § .05.</para>
    </para>
    <para num="B.">To be eligible for the credit a property shall:<para num="(1)">Be one of the following:<para num="(a)">A newly constructed dwelling, or</para>
        <para num="(b)">A vacant dwelling;</para>
      </para>
      <para num="(2)">Be located within the City of Baltimore;</para>
      <para num="(3)">Be purchased by the owner-occupant following completion of the dwelling, or be constructed on land that was purchased by the owner-occupant prior to construction of the dwelling;</para>
      <para num="(4)">Receive an occupancy permit following the construction or conversion; and</para>
      <para num="(5)">Meet the standards set forth in the Maryland &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;Tax-Property Article, § 9-242(a)&lt;/cite&gt;.</para>
    </para>
    <para num="C.">A property that meets the eligibility criteria and has an approved application becomes eligible for the credit with the first full-year tax bill issued after the latest of<para num="(1)">The high-performance certification date,</para>
      <para num="(2)">The date on which the use and occupancy permit was issued,</para>
      <para num="(3)">The first assessment notice of the newly constructed dwelling, or</para>
      <para num="(4)">The date of settlement.</para>
    </para>
    <para num="D.">The following items must be received by Finance prior to the approval of the property’s application:<para num="(1)">An application for the tax credit that is both:<para num="(a)">Complete, and</para>
        <para num="(b)">Submitted in a timely manner;</para>
      </para>
      <para num="(2)">A final occupancy permit for the completed dwelling; and</para>
      <para num="(3)">A certification of the property as a high-performance newly constructed dwelling by the DHCD.</para>
    </para>
    <para num="E.">A credit may not be issued until the property is certified by DHCD as a highperformance newly constructed dwelling.</para>
    <para num="F.">DHCD shall issue a certification that, to the extent possible, provides a certification date that reflects the date on which the property became a HighPerformance building.</para>
    <para num="G.">In the event DHCD denies certification, DHCD will provide a letter identifying the reason for the denial.</para>
    <para num="H.">Prior to the issuance of a credit, the property owner is liable for all taxes due.</para>
    <para num="I.">Properties remain eligible for the credit for a period of five consecutive tax years.</para>
  </section>
</baltimore-city-law>
