In this Subtitle, the following terms have the meanings indicated.
“Board” means the Inclusionary Housing Board established by this subtitle.
“Commissioner” means the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee.
“Developer” means any person, firm, partnership, association, joint venture, corporation, or other entity or combination of entities that undertakes a residential project<em>.</em>
“Department” means the Department of Housing and Community Development.
“Dwelling unit” or “unit” has the meaning stated in § 202.2 of the Baltimore City <cite data-doc="City of Balt., Md., Ord. 24-308" data-path="|codes|VII">Property Maintenance Code</cite>.
“Housing funds” means Federal, State, or City funds designated explicitly for the purpose of providing affordable housing.
“Major public subsidy” means the provision by the City or any of its agents or contractors of funds, resources, or financial assistance for a residential project.
“Major public subsidy” includes:the sale or transfer of land substantially below its appraised value;
payment in lieu of taxes;
tax increment financing;
grants or loans that equal or exceed 15% of total projected project costs;
tax credits; or
any other funds, resources, or financial assistance provided by the City as determined by any rule or regulation promulgated under this subtitle.
“Neighborhood” means an area delineated by commonly accepted boundary, as determined by the Planning Director.
“Penthouse” means a floor on top of the uppermost story of a building, that is used for residential purposes and has luxurious features.
“Planning Director” means the Director of the Department of Planning or the Director’s designee.
“Residential project” means any new construction or any substantial renovation of an existing building that is designed, in whole or in part, to provide residential units.
“Significant land use authorization” means any action of the Mayor, City Council, Board of Municipal and Zoning Appeals, or Zoning Administrator that increases the permissible number of dwelling units in a land area by 20 or more dwelling units above the number of dwelling units permitted before the action.
Ord. 07-474
Ord. 14-264
Ord. 15-427
Ord. 22-124
For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>.
In this Subtitle, the following terms relating to affordability standards have the meanings indicated.
An “extremely low” housing cost equals an amount not more than 1/12 of 30% of 30% of the AMI, adjusted for household size.
A “very low” housing cost equals an amount greater than 1/12 of 30% of 30% of the AMI, but not more than 1/12 of 30% of 50% of the AMI, adjusted for household size.
A “low” housing cost equals an amount greater than 1/12 of 30% of 60% of the AMI, but not more than 1/12 of 30% of 60% of the AMI, adjusted for household size.
A “moderate” housing cost equals an amount greater than 1/12 of 30% of 80% of the AMI, but not more than 1/12 of 30% of 80% of the AMI, adjusted for household size.
“Affordable unit” means a dwelling unit that is required by this subtitle to be provided to a family earning an income that is either:low income;
moderate income;
very low income; or
extremely low income.
“AMI” means the area median income for the metropolitan region that encompasses Baltimore City, as published and annually updated by the United States Department of Housing and Urban Development.
“Eligible household” means a household with extremely low, very low, low, or moderate income.
“Extremely low income” means a household income below 30% AMI.
“Housing cost” means for rental units, a monthly payment for lease, sublet, let, or other rights to occupy a residential unit, excluding utilities, parking, and discretionary fees.
“Low income” means a household income at or below 60% AMI.
“Market rate” means not restricted to an affordable rent or affordable ownership cost.
“Moderate income” means a household income at or below 80% AMI.
“Very low income” means a household income at or below 50% AMI.
Ord. 07-474
Article 13, § 2B-3
Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”}</cite> of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner, in consultation with the Planning Commission, must adopt rules and regulations to carry out the provisions of this subtitle.
These rules and regulations may include provisions for:defining, clarifying, or construing terms used in this subtitle;
determining eligibility to rent affordable units; and
setting standards for rental prices for affordable units.
The rules and regulations must require the Inclusionary Housing Board, the Housing Commissioner, and the Planning Department to provide timely and definitive responses to all submissions required from a developer under this subtitle.
The Department shall compile the rules and regulations adopted under this section in a manual and make that manual available to the public.
Ord. 07-474
Text Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) 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.
Article 13, § 2B-7