In <cite data-path="07.03">this subtitle</cite>, the following terms have the meanings indicated. Terms Defined.“Adjacent owner” means the owner of record for a property that is adjacent to a vacant lot that is a part of a proposed side yard disposition. Affordable housing land trust.“Affordable housing land trust” has the meaning stated in <cite data-doc="Md. Code" data-path="grp|14-501">Real Property Article §14-501, Annotated Code of Maryland</cite>. “Affordable housing land trust” includes a community housing land trust. “Applicant” means a person who has applied to purchase a property from the Department through a disposition program. “Application document” means the form created by the Department to apply for a disposition program. “Applicant type” means a category of applicant applying for a disposition program including a:Homeowner; For-profit developer; Large 501(c)(3) nonprofit; Small 501(c)(3) nonprofit; or Community land trust. “BOE portal” means the web-based system implemented by the Baltimore City Office of the Comptroller to submit required items to the Board of Estimates for:Review; and Approval. “Board” means the Baltimore City Board of Estimates. “BuyIntoBmore” means the initiative developed by the Department that posts properties for sale through a disposition program. “Commissioner” means:The Commissioner of the Department of Housing and Community Development; or The Commissioner’s designee. “Compliance officer” means a Department employee responsible for oversight of the terms of a land disposition agreement. “Department” means the Baltimore City Department of Housing and Community Development. “Disposition” means the sale of City-owned property. “Disposition program” means a program regulated under <cite data-path="07.03">this subtitle</cite> intended to convey a City-owned property through:Sale; Lease; Transfer; Swap; or Another means of conveyance as approved by the Commissioner. Financial document.“Financial document” means proof of monetary funds. “Financial document” includes:A bank statement; A pre-approval letter from a lending institution; A retirement account statement; An investment account statement; and Additional documentation as approved by the Commissioner. “Fixed Pricing Policy” means a policy approved by the Department and the Board for use in the Fixed Pricing Program that establishes sale prices for:Various applicant types, as provided for under <cite data-path="07.03">this subtitle</cite>; and Various property types, as provided for under <cite data-path="07.03">this subtitle</cite>. “Fixed Pricing Program” means the disposition program operated by the Department to sell properties valued at less than $100,000 to allowed applicant types. “For-profit developer” means a person focused on rehabilitation or new construction of a property with the primary goal of generating revenue. “Good standing” means the status conferred by the Maryland State Department of Assessments and Taxation through a Certificate of Status. Green space.“Green space” means an unimproved parcel of land that does not include a habitable structure at the time of purchase. “Green space” includes a:Side yard, if the side yard does not include a livable space; Community garden; or Park. “Green space” does not include a parcel of land used for:Commercial use; or Urban agriculture. “Homeowner” means the owner of record of a property who has an approved homestead application through the Maryland State Department of Assessments and Taxation. “Housing market typology” means a classification system developed by the Baltimore City Department of Planning that broadly categorizes and analyzes Baltimore City housing data. “Land disposition agreement” means a contract of sale between the City, the Department, and an approved applicant that:Outlines disposition terms; and Contains the sections required by <cite data-path="07.03">this subtitle</cite>. “Large 501(c)(3) nonprofit” means a 501(c)(3) nonprofit with 50 or more employees. “Lien” means a legal claim against a property for a debt. “Nuisance property” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5-15|(a)">City Code Article 13, § 5-15(a)</cite>. “Owner-occupied” means a property that is the primary residence of the owner of record. “OHAAT” means the One House at a Time Baltimore Program. “Person” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|general">City Code General Provisions Article</cite> <cite data-doc="City of Baltimore, Md., Code" data-path="|general|1|1|1-107">§ 1-107</cite>. “Purchaser” means an applicant for a disposition program that has received and returned an award letter from the Department in accordance with <cite data-path="07.03">this subtitle</cite>. “Remote Online Notary (RON)” means a vendor whose technology is authorized for use during remote notarial acts in the State of Maryland. “SDAT” means the Maryland State Department of Assessment and Taxation. “Side yard” means vacant land for sale by the Department that is adjacent to an applicant's property. “Site assemblage” means the combination of multiple properties to create a larger development site. “Six-year period” means the combination of the:Twelve-month period during which an applicant is required to obtain an occupancy permit in accordance with <cite data-path="07.03">this subtitle</cite>; and Five-year period during which an applicant is required to maintain primary residency at a property in accordance with <cite data-path="07.03">this subtitle</cite>. “Small 501(c)(3) nonprofit” means a 501(c)(3) nonprofit with fewer than 50 employees. Occupancy Permit.“Occupancy permit” has the meaning stated in 202.2.45 Baltimore City Building Code, Building, Fire, and Related Codes of Baltimore City, 2024 Edition. “Occupancy permit” means a permit issued by the Department that confirms the:Intended use of a property; and Maximum number of individuals who may occupy a property. “Vacant building notice” means a designation conferred by the City to a property that is:Uninhabitable; Unusable; or A nuisance property. “Vacant structure” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§4-1|(i)">City Code Article 13, § 4-1(i)</cite>. “Vacant lot” means a lot with no physical structures that has:Failed to abate a code violation; and Been issued a vacant building notice. “Waiver valuation” means a process used by the Department to determine the value of a property rather than obtaining a third-party appraisal. “Whole block strategy” means a redevelopment plan that focuses on revitalizing an entire block rather than individual properties.

<cite data-path="07.03.02">This chapter</cite> establishes regulations governing the application, review, and approval process for a disposition program.

In General. The Department shall:Create an application document for the disposition programs described under <cite data-path="07.03">this subtitle</cite>; Make the application document available on the Department’s website; and Provide technical assistance to applicants who require assistance completing the application. Required Information. The Department may require the following information on an application document:Applicant information that includes:Applicant type; Contact information; and The applicant’s current address; Applicant history, as provided for under <cite data-path="07">this title</cite>; OHAAT approval; A project description; Funding information; and Additional criteria as required by the Commissioner to complete the application. In accordance with the guidance posted on the Department’s website, an applicant for a disposition program shall:Submit an application to the Department in the form required; and Remit an associated application fee to the Department at the time of submission.

In addition to the general requirements of <cite data-path="07.03.02">this chapter</cite>, the Department shall review an application for the Fixed Pricing Program using the criteria listed in <cite data-path="07.03.03">chapter 03 of this subtitle</cite>.

The Department may determine that a property is ineligible for sale through a disposition program:Prior to receiving an application for a property; or During application review. If the Department determines that a property is ineligible for sale during application review, the Department shall refund the associated application fee to the applicant within 15 business days.

If an application does not include the items required in <cite data-path="07.03.02.02">regulation .02 of this chapter</cite>, the Department shall:Consider the application incomplete; Deny the application; and Send an email to the applicant detailing the reasons for denial, including a list of documentation that may be submitted to reopen the application for review. Documentation Request Period.If an applicant wishes to re-open an incomplete application for review, the applicant shall submit requested documentation to the Department within 5 business days of receipt of the email required by <cite data-path="07.03.02.05|A.|(3)">§A(3) of this regulation</cite>. The Department shall acknowledge receipt of requested documentation submitted in accordance with <cite data-path="07.03.02.05|B.|(1)">§B(1) of this section</cite> within 5 business days of submission. The Department may not review another offer until the original is rejected.

If an application meets the criteria of the disposition program being applied for as provided under <cite data-path="07.03">this subtitle</cite>, the Department shall:Approve the application for progression to settlement; and Except as provided in <cite data-path="07.03.02.06|D.">§D of this regulation</cite>, notify the applicant of approval through an electronic award letter that includes a time period for applicant response. Upon receipt of the award letter provided for in <cite data-path="07.03.02.06|A.|(2)">§A(2) of this regulation</cite>, an applicant shall:Sign the award letter; and Electronically remit the signed letter to the Department within the time period specified. Upon receipt of the signed award letter, the Department shall:Change an applicant’s designation from “applicant” to “purchaser;” and Initiate the process of creating a land disposition agreement in accordance with <cite data-path="07.03.02.07">regulation .07 of this chapter</cite>. If an approved applicant does not have an email address, the Department may make an accommodation to reach the applicant via the contact information provided in the application.

In General.Upon receipt of a signed award letter, the Department shall:Ensure the terms of a sale are subject to the land disposition agreement; and Provide a draft copy of a land disposition agreement to the purchaser. Upon receipt of the draft land disposition agreement from the Department, the purchaser shall:Review the terms of the land disposition agreement; and Submit a requested modification to the Department via email, if a modification is necessary. Signature.Upon agreement of contract terms, the Department shall submit the land disposition agreement for final signature from the required parties as described under <cite data-path="07.03">this subtitle</cite>. The purchaser shall:Sign the land disposition agreement through the use of a RON; or Sign and return the land disposition agreement via postal mail in accordance with <cite data-path="07.03.02.07|B.|(3)">§B(3) of this regulation</cite>. A purchaser submitting a signed land disposition agreement via postal mail shall:Ensure the signed land disposition agreement is notarized; Assume the cost of:Notarization; and Postage; Address the mail to the purchaser’s assigned real estate officer as specified in the award letter; and Send the signed and notarized land disposition agreement to: The Department may not accept a land disposition agreement that is not notarized. Compliance. The Department shall assign a compliance officer to ensure a purchaser remains compliant with the land disposition agreement until the Department receives a certificate of completion from the purchaser.

Board of Estimates.The Department shall submit a disposition to the Board for:Review; and Approval. The Board shall review the materials required by <cite data-path="07.03.02.08|A.|(1)">§A(1) of this regulation</cite>. Settlement.The Department shall ensure settlement occurs in accordance with the terms of the land disposition agreement. The purchaser shall be responsible for:Selecting a title company; and Paying settlement expenses.

Exclusions. The Department may not grant an extension to an applicant seeking to purchase green space. A purchaser may submit an extension request to a term contained in a land disposition agreement in accordance with <cite data-path="07.03.02.09">this regulation</cite>. To submit an extension request, a purchaser shall:Provide a written copy of the extension request that includes:The reason for the requested extension; and The amount of time requested for the extension; and Mail the extension request to the Department using the address noted in the land disposition agreement. The Department may:Grant an extension to a term contained in a land disposition agreement if the purchaser has:Submitted a signed land disposition agreement in accordance with <cite data-path="07.03.02.07">regulation .07 of this chapter</cite>; Submitted required application materials for the disposition program; and Submitted an extension request in accordance with <cite data-path="07.03.02.09|B.">§B of this regulation</cite>; and Require a purchaser to submit additional information related to the reason for a requested extension. The Department shall:Acknowledge an extension request upon review via written response to the applicant; and Submit the extension request to the Land Records Division of the Baltimore City Archives. The Department may not unreasonably deny an extension request.

<cite data-path="07.03.03">This chapter</cite> establishes regulations governing the Fixed Pricing Program including: Application requirements; Review criteria; Approval criteria; Applicant responsibilities; and Departmental responsibilities.

The Department may not list a property for sale through the Fixed Pricing Program if the property: Is valued over $100,000; Is identified for site assemblage; Is part of an existing development project; or Is needed to implement a Departmental whole block strategy.

The Department may sell a property through the Fixed Pricing Program if:The property is listed as available on the City’s BuyIntoBmore webpage; The property is located within a housing market typology category approved for sale in the Fixed Pricing Policy; and The property will be redeveloped for:Residential use; Residential mixed-use; or Green space. Homeowner Side Yard.The Department may sell a property through the Fixed Pricing Program for use as a side yard if:The property is a vacant lot; The property is:Adjacent to an occupied lot; and Being sold as for use as a side yard to the owner of the occupied lot; and The property is located in housing market typologies A-J. The Department shall ensure a property sold as homeowner side yard remains subject to a 3-year use restriction that prohibits new construction during that period.

In General. The Department shall sell a property through the Fixed Pricing Program at the price established in the approved Fixed Pricing Policy and required by these regulations. Fixed Price Established for Vacant Buildings.A developer shall pay $3000. A large 501(c)(3) nonprofit shall pay $3000. A small 501(c)(3) nonprofit shall pay $1000. A community land trust shall pay $1. A homeowner shall pay $1. Fixed Price Established for Vacant Lots.A developer shall pay $1000. A large 501(c)(3) nonprofit shall pay $1000. A small 501(c)(3) nonprofit shall pay $500. A community land trust shall pay $1. A homeowner shall pay $1. If a property is assessed for less than the fixed price established in <cite data-path="07.03.03.04">this regulation</cite>, then the Department shall sell the property at the value assessed.

The following applicant types will be subject to <cite data-path="07.03.03.05">this regulation</cite>:A developer; and A 501(c)(3) nonprofit, including a:Small 501(c)(3) nonprofit; and Large 501(c)(3) nonprofit. An applicant type provided for in <cite data-path="07.03.03.05|A.">§A of this regulation</cite> shall ensure:A vacant building acquired through the Fixed Pricing Program is developed for:Residential use; Residential mixed-use; or Residential mixed-use that includes a green space; and An occupancy permit is obtained within 12 months from the date of settlement.

An affordable housing land trust applying to the Fixed Pricing Program shall ensure that the affordable housing land trusts are: Registered as an affordable housing land trust with the Maryland State Department of Assessments and Taxation; and In compliance with applicable State affordable housing land trust laws.

Vacant Buildings.A homeowner applying to purchase a vacant building through the Fixed Pricing Program shall:Ensure an occupancy permit is obtained within 12 months from the date of settlement; and Maintain primary residency at the property for a minimum of 5 years from the date of issuance of the occupancy permit. If a property purchased by a homeowner for primary residency is sold or leased within the 6-year period, the homeowner shall be:Deemed to be a developer of the property; and Required to pay a pro-rated portion of $3,000 calculated based on the year that the property is sold. Vacant Lots. A homeowner applying to purchase a vacant lot through the Fixed Pricing Program shall:Construct a new residential unit and satisfy the requirements in <cite data-path="07.03.03.07|A.">§A of this regulation</cite>; or Ensure the lot is used as a side yard in accordance with <cite data-path="07.03.03.03|B.|(2)">§03(B)(2) of this chapter</cite>.

The Department may consider a property eligible for the Fixed Pricing Program if the property is assessed at less than $100,000. Properties Assessed Over $100,000 For a property assessed at over $100,000, the Department may perform an internal valuation to determine:Whether the property is eligible for the Fixed Pricing Program; and A sale price for a property through the Fixed Pricing Program. If the valuation determined under <cite data-path="07.03.03.08|B.|(1)">§B(1) of this regulation</cite> finds the true value of the assessed property to be less than $100,000, the Department may consider the property eligible for sale under the Fixed Pricing Program. If the valuation determined under <cite data-path="07.03.03.08|B.|(1)">§B(1) of this regulation</cite> finds the true value of the assessed property to be $100,000 or greater, the Department may not consider the property eligible under the Fixed Pricing Program.

In General. To be eligible for the Fixed Pricing Program, an applicant shall:Possess financial documents indicating no less than the minimum amount required by the Department for application, per applicable property; Be in good standing with the State Department of Assessments and Taxation, if they are a business entity; and Be free of:An open federal lien; An open state lien; or An applicable legal matter, in accordance with <cite data-path="07.03.03.09|C.">§C of this regulation</cite>. Vacant Building Notices.In addition to the requirements specified in <cite data-path="07.03.03.09|A.">§A of this regulation</cite>, the Department shall consider whether an applicant owns a building with a vacant building notice in determining eligibility for the Fixed Pricing Program. The Department may determine an applicant to be ineligible if:The applicant possesses a vacant building notice older than 2 years; or The applicant possesses a vacant building notice that is less than 2 years old, but there are no open or active construction permits on the property. Legal Matters.Pending Civil Proceedings.The Department shall assess whether an applicant has a pending civil proceeding during review of applicant eligibility, including a:Pending federal judgement; or Pending State judgement. The Department may reject an applicant based on a pending civil proceeding if the Department determines that the pending legal proceeding could inhibit the applicant from:Adhering to the terms of a land disposition agreement; or Financing a purchase. If an applicant rejected in accordance with <cite data-path="07.03.03.09|C.|(2)">§(2) of this section</cite> has a pending civil proceeding dropped or resolved in their favor, the applicant may re-apply for the Fixed Pricing Program. Criminal Cases.The Department may reject an applicant based on a criminal case that could lead to imprisonment. If an applicant rejected in accordance with <cite data-path="07.03.03.09|C.|(2)|(a)">§(2)(a) of this section</cite> is found not guilty, the applicant may re-apply for the Fixed Pricing Program.

In addition to the general application requirements for a disposition program listed in <cite data-path="07.03.02">chapter 02 of this subtitle</cite>, an applicant applying for the Fixed Pricing Program shall adhere to the requirements of <cite data-path="07.03.03.10">this regulation</cite>. An applicant applying for the Fixed Pricing Program may not:Exceed 12 properties per application; or Submit multiple applications under different applicant names for more than 12 properties at a time. An applicant may apply for additional properties as use and occupancy permits on a previously purchased property are obtained in accordance with <cite data-path="07.03.03">this chapter</cite>, not to exceed 12 properties at any given time. Side Yard Application. To apply to purchase a side yard through the Fixed Pricing Program, an applicant shall provide:Documentation verifying that the applicant owns the property adjacent to the lot to be purchased for use as a side yard; Documentation that the applicant’s adjacent property has a confirmed use and occupancy permit; and Documentation of an approved Homestead Tax application through the State Department of Assessments and Taxation confirming use and primary residence of the applicant’s adjacent property.

The Department shall approve an application to the Fixed Pricing Program in accordance with <cite data-path="07.03.02">Chapter 02 of this subtitle</cite>.

The Department shall:Submit a list of the following items through the BOE portal:The address of a property awarded through the Fixed Pricing Program; The purchase price of a property awarded through the Fixed Pricing Program; The contact information of the prospective purchaser; and The type of purchaser; and Post the list required by <cite data-path="07.03.03.12|A.|(1)">§A(1) of this regulation</cite> on the Department’s website the Monday prior to the next Board Meeting. The Board of Estimates shall:Maintain a recurring item on the Board meeting agenda titled “Fixed Pricing Policy Dispositions” to review the list provided by the Department in <cite data-path="07.03.03.12|A.|(1)">§A(1) of this regulation</cite>; and Consider a purchaser’s inclusion on the agenda as an indication of the purchaser’s approval of the terms of the land disposition agreement approved by the Board in accordance with <cite data-path="07.03.02">chapter 02 of this subtitle</cite>.

In addition to the provisions of <cite data-path="07.03.02">chapter 02 of this subtitle</cite>: The Department shall post an approved land disposition agreement executed for a Fixed Pricing Program disposition online for the purchaser to review. The Department may not send a land disposition agreement executed for a Fixed Pricing Program disposition directly to the purchaser. The purchaser shall be responsible for:Reading the terms of a land disposition agreement executed for a Fixed Pricing Program disposition; and Signing the land disposition agreement posted online by the Department.