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<baltimore-city-law heading="Subtitle 2A – Affordable Housing Program">
  <section prefix="§" num="2A-1" heading="Definitions.">
    <para num="(a)" heading="In general.">In this subtitle, the following terms have the meanings indicated.</para>
    <para num="(b)" heading="Commissioner.">“Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.</para>
    <para num="(c)" heading="Developer.">“Developer” means any person, firm, partnership, association, joint venture, corporation, or other for-profit or not-for-profit entity or combination of entities that develops or owns residential real estate.</para>
    <para num="(d)" heading="Eligible household.">“Eligible household” means a household with an aggregate annual income of less than or equal to 150% of the median area income, adjusted for household size, as published and annually updated by the United States Department of Housing and Urban Development.</para>
    <para num="(e)" heading="Eligible property.">“Eligible property” means any structure or lot in Baltimore City that meets or, on completion of renovation or construction, will meet the requirements for dwellings set forth in the City Zoning Code Article and the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;.</para>
    <para num="(f)" heading="Neighborhood.">“Neighborhood” means an area delineated by a commonly accepted boundary, as determined by the Director of Planning.</para>
    <para num="(g)" heading="Program.">“Program” means the Baltimore Affordable Housing Program established under this subtitle.</para>
    <annotation type="History">Ord. 06-181</annotation>
  </section>
  <section prefix="§" num="2A-2" heading="Findings.">
    <para num="(a)" heading="In general.">The Mayor and City Council of Baltimore find as follows.</para>
    <para num="(b)" heading="Need for low- and moderate-income and workforce housing.">There is a need to develop programs to improve and expand housing opportunities for working families and other persons of low and moderate income.</para>
    <para num="(c)" heading="Benefits of economic diversity.">Economic diversity in our neighborhoods, including a strong and stable middle class, will stimulate economic investment, promote neighborhood stability, and increase public safety for all.</para>
    <para num="(d)" heading="Limitations of private sector.">Private sector individuals and businesses, as the primary source of housing and economic development activity, have not alone been able to create economically diverse neighborhoods or developments or to develop workforce housing for the broad range of incomes that will lead to economic diversity.</para>
    <para num="(e)" heading="Capabilities of City.">Baltimore City can assemble and prepare sites and provide financial incentives to developers, eligible households, and non-profit organizations to promote economically diverse housing in City neighborhoods, to increase housing opportunities for working families and other persons of low and moderate income, and to reduce blight in neighborhoods.</para>
    <annotation type="History">Ord. 06-181</annotation>
  </section>
  <section prefix="§" num="2A-3" heading="Program established.">
    <para num="(a)" heading="In general.">There is a Baltimore Affordable Housing Program, established for the purposes of:<para num="(1)">promoting economically diverse housing in City neighborhoods; and</para>
      <para num="(2)">increasing housing opportunities for working families and other persons of low and moderate income.</para>
    </para>
    <para num="(b)" heading="Administration.">The Commissioner of Housing and Community Development shall administer the Program consistent with this subtitle.</para>
    <para num="(c)" heading="Eligible activities.">
      <para num="(1)">Eligible activities authorized under this section must be conducted at a scale that, in the opinion of the Commissioner, is sufficient to address completely the blighting influences  existing in the project area.  For this purpose, the “project area” may be no smaller than a single block face comprising both sides of a street or way.</para>
      <para num="(2)">The Commissioner, in his or her discretion, shall use Program funds for the purposes of:<para num="(i)">the acquisition, structural stabilization, and demolition of real property by the City {City Code &lt;cite data-path="|13"&gt;Article 13&lt;/cite&gt;, Subtitle 2};</para>
        <para num="(ii)">the relocation of households, when that relocation is associated with the acquisition, structural stabilization, and demolition of real property by the City {City Code &lt;cite data-path="|13"&gt;Article 13&lt;/cite&gt;, Subtitle 2}; and</para>
        <para num="(iii)">the administration and marketing of the eligible activities described in this subsection.</para>
      </para>
      <para num="(3)">The Commissioner, in his or her discretion, shall use Program funds to provide appropriate financial incentives, including grants and loans, to developers, non-profit organizations, and eligible households for the purposes of:<para num="(i)">the orderly and sustainable planning, preservation, rehabilitation, and development of economically diverse housing in City neighborhoods;</para>
        <para num="(ii)">rental payment or home purchase assistance on behalf of eligible households for primary residency in eligible properties; and</para>
        <para num="(iii)">the provision of buyer education and housing counseling services to eligible households in connection with housing opportunities in City neighborhoods and to maximize home ownership.</para>
      </para>
    </para>
    <annotation type="History">Ord. 06-181</annotation>
  </section>
  <section prefix="§" num="2A-4" heading="Rules and regulations.">
    <para num="(a)" heading="Commissioner to adopt.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Commissioner shall adopt rules and regulations to carry out this subtitle.</para>
    <para num="(b)" heading="Approval by Board of Estimates.">All rules and regulations adopted under this section must be approved by the Board of Estimates before they may take effect.</para>
    <annotation type="History">Ord. 06-181</annotation>
    <annotation type="History">Text Conformed 02/19/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.</annotation>
  </section>
  <section prefix="§" num="2A-5" heading="Program capitalization.">
    <text>It is the intent of the Mayor and City Council of Baltimore that the Program be capitalized annually by appropriations of the Mayor and City Council of Baltimore.</text>
    <annotation type="History">Ord. 06-181</annotation>
  </section>
  <section prefix="§" num="2A-6" heading="Annual report.">
    <text>The Commissioner shall issue to the Mayor and City Council of Baltimore an annual report that describes the Program’s performance in the preceding year.</text>
    <annotation type="History">Ord. 06-181</annotation>
  </section>
</baltimore-city-law>
