In this subtitle, the following terms have the meanings specified. “Commission” means the Baltimore City Affordable Housing Trust Fund Commission established by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14">Article I, § 14 of the City Charter</cite>. “Commissioner” means Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. “Covered individual” means any individual who occupies a dwelling within the City of Baltimore under a claim of legal right other than the owner. “Covered individual” includes any tenant in a building owned, operated, or managed by the Housing Authority of Baltimore City. “Covered proceeding” means:any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual; any proceeding that is the functional equivalent of a proceeding described in item (i) of this paragraph; or any first appeal of a proceeding described in item (i) or (ii) of this paragraph. “Covered proceeding” includes any judicial or administrative proceeding to remedy a violation of:City Public Local Laws § 9-9 {“Rent Escrow Law: In general”}; City Public Local Laws § 9-9A {“Rent Escrow Law: Landlord’s non- compliance with lease”}; City Public Local Laws § 9-10 {“Rent Escrow Law: Retaliatory actions”}; <cite data-doc="Md. Code" data-path="grp|8-208">State Real Property Article § 8-208</cite>.1 {“Retaliatory actions due to reporting violations or complaints prohibited”}; or <cite data-doc="Md. Code" data-path="grp|8-216">State Real Property Article § 8-216 </cite>{“Restrictions relating to taking or threatening to take possession of dwelling unit”}. “Designated organization” means any not-for-profit organization or association that is designated by the Commissioner under this subtitle and engaged pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite> regarding procurement that:has the capacity to provide legal representation to covered individuals facing eviction; and agrees to adhere to the standards of practice established in rules and regulations adopted under this subtitle. “Designated community group” means a not-for-profit community organization or association designated by the Commissioner that has the capacity to conduct tenant outreach, engagement, education, and information regarding this subtitle. “Legal representation” means ongoing legal representation provided by a designated organization to a covered individual and all legal advice, advocacy, and assistance associated with that representation. “Legal representation” includes the filing of a notice of appearance on behalf of the covered individual in a covered proceeding. Ord. 20-465 Ord. 22-125 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>. See also <cite data-path="|13|§6A-4">§ 6A-4 {“Additional Commission member”} of this subtitle</cite>.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner, with the advice and consultation of the Commission, shall adopt rules and regulations to carry out this subtitle, including providing tenant education regarding their rights under this subtitle. Ord. 20-465 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 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.

Subject to provisions of this subtitle, including any rules and regulations, and with the advice and consultation of the Commission, the Commissioner shall ensure that all covered individuals are offered legal representation from a designated organization in a covered proceeding as soon as practicable after the initiation of that proceeding, but no later than at the time of the covered individual’s first scheduled appearance in a covered proceeding if possible. The Commissioner shall seek to prioritize the provision of legal representation based on median income with covered individuals having the lowest median income receiving the highest priority. Covered individuals shall receive legal representation unless circumstances specific to the individual or case, such as a conflict with the Maryland Attorneys’ Rules of Professional Conduct, make legal representation infeasible to render. Subject to <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite> regarding procurement, in addition to overseeing the administration of this subtitle, the Commissioner, with the advice and consultation of the Commission, may engage designated community groups to engage and educate tenants about their rights, through activities such as:hosting know-your-rights trainings and other workshops for tenants; distributing written information to tenants; assisting tenants to form and maintain tenant associations; referring tenants to designated community groups; and engaging in any other activity designed to engage, educate, or inform tenants about their rights. Legal representation under this section is subject to the appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. Ord. 20-465

In addition to those Commission members specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§14|(d)|(2)">Article I, § 14(d)(2) of the City Charter</cite>, the Mayor shall appoint an additional Commissioner in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. In this subsection,“extremely-low income household” means a household whose aggregate gross income does not exceed 30% of the area median income, as adjusted for the size of the household. The Commission member appointed under this section shall be:a tenant residing in Baltimore City; and a member of an extremely low-income household. Ord. 20-465

No later than November 1 of each year, the Commissioner, with the advice and consultation of the Commission, shall submit a report to the Mayor and City Council, which shall include information from the prior fiscal year regarding:the number of covered individuals served; the extent of legal representation performed; metrics on evaluating outcomes; and the engagement and education of tenants. The Commissioner shall prominently post the report required by this section on the City’s website. No later than December 1 of each year, the City Council or an appropriate committee of the City Council shall conduct a hearing on the report required by this section. Ord. 20-465