<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Subtitle 10 – Credits">
  <section prefix="§" num="10-1" heading="Homestead property.">
    <text>Pursuant to the authorization contained in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105, &lt;/cite&gt;for the taxable year beginning July 1, 2027, the homestead credit percentage for the City property tax is 105%.</text>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §16A</annotation>
    <annotation type="History">Ord. 90-631</annotation>
    <annotation type="History">Ord. 91-842</annotation>
    <annotation type="History">Ord. 92-156</annotation>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-1.1" heading="Portable homestead.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following words have the meanings indicated.</para>
      <para num="(2)" heading="Dwelling.">“Dwelling” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article, § 9-304(g)&lt;/cite&gt;.</para>
      <para num="(3)" heading="Finance Director; Director.">“Finance Director” or “Director” means the Director of the City Department of Finance or the Director’s designee.</para>
      <para num="(4)" heading="Homeowner.">“Homeowner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article, § 9-304(g)&lt;/cite&gt;.</para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article, § 9-304(g), &lt;/cite&gt;a tax credit is granted against the City property tax imposed on a dwelling that is newly purchased by a homeowner who, for the preceding 5 tax years, has received a credit under  &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105 &lt;/cite&gt;{“Homestead tax credit”} for a dwelling located in Baltimore City.</para>
    <para num="(c)" heading="Qualifications.">To qualify for the credit authorized by this section, the homeowner must:<para num="(1)">for the 5 tax years preceding the purchase of the new dwelling in Baltimore City:<para num="(i)">have owned and occupied, as his or her principal residence, a dwelling in the City; and</para>
        <para num="(ii)">received a credit under  &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105 &lt;/cite&gt;{“Homestead tax credit”} for that dwelling;</para>
      </para>
      <para num="(2)">occupy the newly purchased dwelling as his or her principal residence;</para>
      <para num="(3)">submit an application to the Finance Director, in the form  and containing the information that the Director requires, either:<para num="(i)">within 90 days of settlement on the newly purchased dwelling; or</para>
        <para num="(ii)">by May 31, 2023;</para>
      </para>
      <para num="(4)">for each tax year for which the credit is sought file a State income tax return as a resident of Baltimore City;</para>
      <para num="(5)">comply with all other procedures and conditions required by the rules and regulations adopted under this section; and</para>
      <para num="(6)">either:<para num="(i)">file with the Finance Director an affidavit signed under oath in the form provided by the Director certifying that:<para num="(A)">they are a “homeowner” as defined under State Tax- Property Article, § 9-105(a)(7); and</para>
          <para num="(B)">the newly purchased dwelling is a “dwelling” as defined under &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105(a)(5)&lt;/cite&gt;; or</para>
        </para>
        <para num="(ii)">have applied and been approved for the credit under &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105 &lt;/cite&gt;{“Homestead tax credit”} for the newly purchased dwelling.</para>
      </para>
    </para>
    <para num="(d)" heading="Amount of credit.">
      <para num="(1)" heading="In general.">Except as provided in paragraph (2) of this subsection, the credit granted under this section is a fixed amount of $4,000, to be allocated and applied over a period of 5 tax years as follows:<para num="(i)">$1,000 in the 1st  tax year;</para>
        <para num="(ii)">$900 in the 2&lt;sup&gt;nd&lt;/sup&gt; tax year;</para>
        <para num="(iii)">$800 in the 3&lt;sup&gt;rd&lt;/sup&gt; tax year;</para>
        <para num="(iv)">$700 in the 4&lt;sup&gt;th&lt;/sup&gt; tax year; and</para>
        <para num="(v)">$600 in the 5&lt;sup&gt;th&lt;/sup&gt;  tax year.</para>
      </para>
      <para num="(2)" heading="Dwelling within low or moderate income census tract.">
        <para num="(i)">For applications filed on or after October 1, 2015, the fixed amount of the credit is $5,000 for a homeowner who purchases a dwelling located within a low or moderate income census tract, as designated from time to time by the U.S. Department of Housing and Urban Development and in which at least 51% of the persons living in the tract are in households earning 80% or less of the area median income.</para>
        <para num="(ii)">A homeowner who was residing within a low or moderate income census tract, as described in subparagraph (i) of this paragraph, when the homeowner submitted the application for the credit remains eligible for the higher credit authorized by this paragraph even if, after the date of the application, the census tract changes and the homeowner would otherwise be ineligible for the higher credit during the 5–year period.</para>
        <para num="(iii)">The $5,000 shall be allocated and applied over a period of 5 tax years as follows:<para num="(A)">$1,200 in the 1&lt;sup&gt;st&lt;/sup&gt; tax year;</para>
          <para num="(B)">$1,100  in the 2&lt;sup&gt;nd&lt;/sup&gt; tax year;</para>
          <para num="(C)">$1,000 in the 3&lt;sup&gt;rd&lt;/sup&gt; tax year;</para>
          <para num="(D)">$900 in the 4&lt;sup&gt;th&lt;/sup&gt; tax year; and</para>
          <para num="(E)">$800 in the 5&lt;sup&gt;th&lt;/sup&gt;  tax year.</para>
        </para>
        <para num="(iv)">The Finance Director may establish additional criteria necessary to carry out this paragraph.</para>
      </para>
    </para>
    <para num="(e)" heading="Credit may not reduce current liability below that for prior dwelling.">A homeowner may not receive a credit under this section  (or portion of the credit) for any year in which application of the credit (or portion of the credit) would reduce the homeowner’s property tax liability below the homeowner’s property tax liability for the dwelling previously occupied by the homeowner.</para>
    <para num="(f)" heading="Duplication of credits not allowed.">In any year in which a homeowner receives a credit under this section, the homeowner may not receive:<para num="(1)">the local portion of the credit under &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105 &lt;/cite&gt;{“Homestead tax credit”}; or</para>
      <para num="(2)">any other property tax credit provided by the City.</para>
    </para>
    <para num="(g)" heading="Credit not transferable.">The credit granted under this section for a dwelling may not be transferred to:<para num="(1)">a person who purchases the dwelling from the homeowner receiving the credit; or</para>
      <para num="(2)">a dwelling that is subsequently purchased by the homeowner receiving the credit.</para>
    </para>
    <para num="(h)" heading="Local portion of homestead credit.">After termination of the credit granted under this section, a homeowner is entitled to the local portion of the credit granted under &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article, § 9-105 &lt;/cite&gt;{“Homestead tax credit”}, which shall be calculated:<para num="(1)">as if the homeowner had received the credit under § 9-105 beginning in the second year the homeowner occupied the dwelling; and</para>
      <para num="(2)">based on the full assessed value of the dwelling in each year the homeowner received the credit granted under this section.</para>
    </para>
    <para num="(i)" heading="Allocation of appropriated funds.">The Finance Director shall review and approve applications for the credit granted under this section based on:<para num="(1)">the availability of the funds appropriated for the credit and its administration under &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article, § 9-304(g)(9)(i)&lt;/cite&gt;; and</para>
      <para num="(2)">the order in which applications for the credit are received; and</para>
    </para>
    <para num="(j)" heading="Rules. regulations, and procedures.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Finance Director shall adopt rules, regulations, and procedures as necessary to carry out this section.</para>
    <para num="(k)" heading="Reporting.">The Department of Finance shall evaluate the efficacy of the credit established by this section and submit a report of its findings and recommendations on or before December 31, 2024, and every 2 years thereafter, to:<para num="(1)">the Mayor and the City Council; and</para>
      <para num="(2)">in accordance with &lt;cite data-doc="Md. Code" data-path="gsg|2-1246"&gt;State Government Article, § 2-1246&lt;/cite&gt;:<para num="(i)">the Baltimore City House Delegation;</para>
        <para num="(ii)">the Baltimore City Senate Delegation;</para>
        <para num="(iii)">the Senate Budget and Taxation Committee; and</para>
        <para num="(iv)">the House Committee on Ways and Means.</para>
      </para>
    </para>
    <para num="(l)" />
    <annotation type="History">Ord. 14-303</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 22-166</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 and reflect 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="10-2" heading="Dwellings on cemetery property.">
    <para num="(a)" heading="Credit granted.">In accordance with the provisions of &lt;cite data-doc="Md. Code" data-path="gtp|9-202"&gt;State Tax-Property Article § 9-202, &lt;/cite&gt;there is hereby established a tax credit from Baltimore City real property taxes levied on any improvement:<para num="(1)">located on the site of cemetery property that is exempt under &lt;cite data-doc="Md. Code" data-path="gtp|7-201"&gt;State Tax-Property Article § 7-201,&lt;/cite&gt;</para>
      <para num="(2)">if the improvement is used as a dwelling by an employee of the owner of the exempt property.</para>
    </para>
    <para num="(b)" heading="Applications.">
      <para num="(1)">The owner must file an application for this tax credit with the Director of Finance annually, on or before September 1 of the taxable year for which the credit is sought.</para>
      <para num="(2)">The application for the tax credit shall contain information that the Director of Finance considers necessary for determining the eligibility of the applicant.</para>
    </para>
    <para num="(c)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to carry out the provisions of this section.</para>
    <para num="(d)" heading="Penalties for false statement.">Any applicant who makes a false statement for the purpose of obtaining a tax credit under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75A</annotation>
    <annotation type="History">Ord. 86-780</annotation>
    <annotation type="History">Ord. 04-672</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-3" heading="Vacant dwellings.">
    <para num="(a)" heading="“Vacant dwelling” defined.">In this section, “vacant dwelling” means residential real property that:<para num="(1)">contains no more than 4 dwelling units; and</para>
      <para num="(2)">either:<para num="(i)">has been cited as vacant and abandoned on a housing or building violation notice for 1 year; or</para>
        <para num="(ii)">has been owned by the Mayor and City Council of Baltimore City for 1 year and is in need of substantial repair to comply with applicable City codes.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with the provisions of &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(c) &lt;/cite&gt;, there is hereby granted a tax credit against the Baltimore City real property tax imposed on a vacant dwelling owned and occupied as the principle residence by a qualifying owner.</para>
    <para num="(c)" heading="Qualifications.">Owners of vacant dwellings may qualify for the tax credit authorized by this section by:<para num="(1)">substantially rehabilitating the vacant dwelling in compliance with the code and laws applied to dwellings;</para>
      <para num="(2)">occupying the dwelling after rehabilitation as their principal residence; and</para>
      <para num="(3)">satisfying other requirements as may be provided in a Resolution of the Board of Estimates.</para>
    </para>
    <para num="(d)" heading="Amount of credit.">A property tax credit granted under this section may not exceed the amount of City property tax imposed on the increased value of the residential real property that is due to the improvements made to the property immediately before the occupancy permit was issued, multiplied by:<para num="(1)">100% for the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(2)">80% for the 2&lt;sup&gt;nd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(3)">60% for the 3&lt;sup&gt;rd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(4)">40% for the 4&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(5)">20% for the 5&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(e)" heading="Applications.">
      <para num="(1)">The owner shall file an application for this tax credit with the Director of Finance annually, on or before September 1 of the taxable year for which the credit is sought.</para>
      <para num="(2)">The application for the tax credit shall contain information that the Board of Estimates considers necessary for determining the eligibility of the applicant.</para>
    </para>
    <para num="(f)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Board of Estimates may adopt rules and regulations to carry out the provisions of this section.</para>
    <para num="(g)" heading="Penalties for false statement.">Any applicant who, for the purpose of obtaining a tax credit under the provisions of this section, makes a false statement on the application shall be guilty of a misdemeanor and shall be fined not more than $500.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75B</annotation>
    <annotation type="History">Ord. 93-234</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-4" reserved="true" />
  <section prefix="§" num="10-5" heading="Newly constructed dwellings.">
    <para num="(a)" heading="Definitions.">In this section, “newly constructed dwelling” and “owner”have the meanings stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(d)&lt;/cite&gt;.</para>
    <para num="(b)" heading="Credit granted.">There is established a property tax credit, as authorized in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(d), &lt;/cite&gt;against the property tax imposed on newly constructed dwellings that are owned by qualifying owners.</para>
    <para num="(c)" heading="Qualifications.">The owner of a newly constructed dwelling may qualify for the tax credit authorized by this section by:<para num="(1)">purchasing a newly constructed dwelling;</para>
      <para num="(2)">occupying that dwelling as his or her principal residence;</para>
      <para num="(3)">filing an application for the credit either:<para num="(i)">within 90 days after settling on the purchase of the dwelling; or</para>
        <para num="(ii)">within 90 days after the owner first receives an assessment on the building;</para>
      </para>
      <para num="(4)">for each taxable year for which the credit is sought, filing a state income tax return as a resident of Baltimore City; and</para>
      <para num="(5)">satisfying all other conditions imposed by the regulations of the Director of Finance.</para>
    </para>
    <para num="(d)" heading="Amount of credit.">A property tax credit granted under this section may not exceed the amount of property tax imposed on the real property, less the amount on any other credit applicable in that year, multiplied by:<para num="(1)">50% for the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(2)">40% for the 2&lt;sup&gt;nd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(3)">30% for the 3&lt;sup&gt;rd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(4)">20% for the 4&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(5)">10% for the 5&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(e)" heading="Rules and regulations.">
      <para num="(1)">Subject to the approval of the Board of Estimates, and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance shall adopt regulations to carry out the provisions of this section.</para>
      <para num="(2)">These regulations:<para num="(i)">shall include procedures necessary and appropriate for the submission of an application for and the granting of a property tax credit under this section; and</para>
        <para num="(ii)">may include procedures for granting partial credits for eligibility for less than a full taxable year.</para>
      </para>
    </para>
    <para num="(f)" heading="Reporting credits.">The estimated amount of all tax credits received by owners under this section in any fiscal year:<para num="(1)">shall be reported by the Director of Finance of Baltimore City as a “tax expenditure” for that fiscal year; and</para>
      <para num="(2)">shall be included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year.</para>
    </para>
    <para num="(g)" heading="Program analysis.">
      <para num="(1)">The Director of Finance shall develop by January 1, 1996, a method, which shall be approved by the Board of Estimates, for analysis of the public costs and benefits of the tax credits.</para>
      <para num="(2)">The method will include development of baseline data to include new residential construction, new housing tenure, and net migration trends in the City.</para>
      <para num="(3)">Measurement of the public costs and benefits of the tax credit will be made against baseline data and will include credit and administrative costs and estimates of benefits from property, income, and transfer tax revenues.</para>
    </para>
    <para num="(h)" heading="Annual report of analysis.">The Director of Finance shall report annually to the Board of Estimates and to the Mayor and City Council the results and findings of that analysis, including the steps taken and proposed to be taken to promote and otherwise further the use of the tax credit program.</para>
    <para num="(i)" heading="Termination of program.">
      <para num="(1)">After June 30, 2019, additional owners of newly constructed dwellings may not be granted a credit under this section.</para>
      <para num="(2)">This subsection does not apply to an owner’s continuing receipt of a credit as allowed in subsection (d) with respect to a property for which a tax credit under this section was received for a taxable year ending on or before June 30, 2019.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75D</annotation>
    <annotation type="History">Ord. 95-464</annotation>
    <annotation type="History">Ord. 98-283</annotation>
    <annotation type="History">Ord. 00-097</annotation>
    <annotation type="History">Ord. 02-400</annotation>
    <annotation type="History">Ord. 05-057</annotation>
    <annotation type="History">Ord. 07-441</annotation>
    <annotation type="History">Ord. 09-197</annotation>
    <annotation type="History">Ord. 14-260</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-6" heading="Home improvements.">
    <para num="(a)" heading="Definitions.">The definitions for “dwelling” and “homeowner” contained in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(e) &lt;/cite&gt;are incorporated into this section by this reference.</para>
    <para num="(b)" heading="Credit granted.">There is established a property tax credit, as authorized in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(e), &lt;/cite&gt;against the property tax imposed on the increased value of the dwelling that is due to improvements made to the property that is owned by qualifying owners.</para>
    <para num="(c)" heading="Qualifications — in general.">
      <para num="(1)">The tax credit granted under the provisions of this section shall be applied against the property tax on a dwelling that:<para num="(i)">is owned by a homeowner;</para>
        <para num="(ii)">has been substantially improved since the last reassessment; and</para>
        <para num="(iii)">is reassessed at a higher value.</para>
      </para>
      <para num="(2)">The property tax credit may not apply to the value of the improvements to the dwelling that exceed $100,000.</para>
      <para num="(3)">To receive the tax credit under this section, the homeowner shall have the burden of showing that the increase in assessment is due to the value of the improvements to the dwelling that were made since the last assessment of the dwelling.</para>
    </para>
    <para num="(d)" heading="Qualifications — compliance with Codes.">
      <para num="(1)">To continue eligibility for a tax credit under this section, a dwelling must remain in compliance with the City &lt;cite data-path="|building-codes|VII"&gt;Property Maintenance Code&lt;/cite&gt;.</para>
      <para num="(2)">If a dwelling owned by a person who has received a tax credit under this section is found to be in violation of the City &lt;cite data-path="|building-codes|VII"&gt;Property Maintenance Code&lt;/cite&gt;, the property owner is not eligible for any further tax credit under this section until the dwelling is determined again to be in compliance with that Code.</para>
      <para num="(3)">A dwelling that is again brought into compliance is eligible for a tax credit at the rate it would have been eligible before the violation of the &lt;cite data-path="|building-codes|VII"&gt;Property Maintenance Code&lt;/cite&gt;.</para>
      <para num="(4)">In addition to compliance with the &lt;cite data-path="|building-codes|VII"&gt;Property Maintenance Code&lt;/cite&gt;, the homeowner shall comply with all other parts of the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;, including their permit requirements for improvements.</para>
    </para>
    <para num="(e)" heading="Amount of credit.">The tax credit provided under this section shall equal the amount of property tax imposed on the increased value of the dwelling that is due to the improvements made to the property, multiplied by:<para num="(1)">100% for the 1&lt;sup&gt;st&lt;/sup&gt; taxable year following the 1&lt;sup&gt;st&lt;/sup&gt; reassessment after the improvements are made;</para>
      <para num="(2)">80% for the 2&lt;sup&gt;nd&lt;/sup&gt; taxable year following the 1&lt;sup&gt;st&lt;/sup&gt; reassessment after the improvements are made;</para>
      <para num="(3)">60% for the 3&lt;sup&gt;rd&lt;/sup&gt; taxable year following the 1&lt;sup&gt;st&lt;/sup&gt; reassessment after the improvements are made;</para>
      <para num="(4)">40% for the 4&lt;sup&gt;th&lt;/sup&gt; taxable year following the 1&lt;sup&gt;st&lt;/sup&gt; reassessment after the improvements are made;</para>
      <para num="(5)">20% for the 5&lt;sup&gt;th&lt;/sup&gt; taxable year following the 1&lt;sup&gt;st&lt;/sup&gt; reassessment after the improvements are made; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(f)" heading="Transfers of property.">If a dwelling that is eligible for a tax credit under this section is transferred, the grantee is eligible for the balance of the property tax credits under this section in the same manner and under the same conditions as the grantor of the property.</para>
    <para num="(g)" heading="Rules and regulations; administration.">The Director of Finance may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations  necessary to implement the provisions of this section;</para>
      <para num="(2)">settle disputed claims that may arise in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to the City Collector or any other employee of the City.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75E</annotation>
    <annotation type="History">Ord. 94-446</annotation>
    <annotation type="History">Ord. 02-475</annotation>
    <annotation type="History">Ord. 07-552</annotation>
    <annotation type="History">Ord. 15-427</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="Editor's Notes">Cf. Editor’s Note to § 10-1.1.</annotation>
  </section>
  <section prefix="§" num="10-7" heading="Neighborhood preservation and stabilization demonstration project.">
    <para num="(a)" heading="Definition.">“Project Area” means the neighborhood preservation and stabilization demonstration project area designated by the Mayor in accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-326"&gt;State Tax-Property Article § 9-326 &lt;/cite&gt;for participation in a demonstration project for neighborhood preservation and stabilization.</para>
    <para num="(b)" heading="Credit granted.">In accordance with § 9-326 of the State Tax-Property Article, a property tax credit is established against the property tax imposed on owner-occupied residential real property that is purchased on or after July 1, 1996, and on or before June 30, 2001, in the area designated as the neighborhood preservation and stabilization demonstration project area.</para>
    <para num="(c)" heading="Qualifications.">The tax credit granted under this section applies only if, for the 12-month period immediately prior to purchasing the property, the applicant’s principal residence was neither in the project area nor in the corresponding area of Baltimore County, unless the applicant was not an owner of the property that was the applicant’s principal residence.</para>
    <para num="(d)" heading="Application deadline.">To qualify for a tax credit under this section, an individual must apply for the credit:<para num="(1)">within 6 months after title to the property was transferred to the individual; or</para>
      <para num="(2)">for property purchased before June 1, 1999, on or before December 1, 1999.</para>
    </para>
    <para num="(e)" heading="Amount of credit.">The property tax credit shall equal:<para num="(1)">40% of the property tax for each of the first 5 taxable years after the purchase of the real property;</para>
      <para num="(2)">35% of the property tax for the 6th taxable year after the purchase of the real property;</para>
      <para num="(3)">30% of the property tax for the 7th taxable year after the purchase of the real property;</para>
      <para num="(4)">25% of the property tax for the 8th taxable year after the purchase of the real property;</para>
      <para num="(5)">20% of the property tax for the 9th taxable year after the purchase of the real property;</para>
      <para num="(6)">15% of the property tax for the 10th taxable year after the purchase of the real property; and</para>
      <para num="(7)">0% of the property tax for each subsequent taxable year.</para>
    </para>
    <para num="(f)" heading="When credit first applies.">The property tax credit shall first apply to the taxable year beginning after the date of the purchase of the eligible real property.</para>
    <para num="(g)" heading="Director to provide statement of qualification.">On an annual basis, the Director of Finance shall provide to each individual qualifying for the tax credit under this section a statement certifying qualification for the tax credit and the amount of the tax credit being granted.  The statement may be provided on or with the annual property tax bill or in another manner chosen by the Director of Finance.</para>
    <para num="(h)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to carry out the provisions of this section.</para>
    <para num="(i)" heading="Penalties for false statement.">Any person who makes a false statement for the purpose of obtaining a tax credit under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months, or both.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75F</annotation>
    <annotation type="History">Ord. 96-049</annotation>
    <annotation type="History">Ord. 99-588</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-8" heading="Historic improvements, restorations, and rehabilitations.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following words have the meanings indicated.</para>
      <para num="(2)" heading="CHAP.">“CHAP” means the Commission for Historical and Architectural Preservation or the Commission’s designee.</para>
      <para num="(3)" heading="Eligible improvements.">“Eligible improvements” means significant improvements to an historic property that have been approved by CHAP as meeting local preservation standards.</para>
      <para num="(4)" heading="Historic property.">“Historic property” means a property:<para num="(i)">individually listed on the National Register of Historic Places;</para>
        <para num="(ii)">individually listed on the City Landmark List;</para>
        <para num="(iii)">located within a National Register Historic or Landmark District and certified by CHAP as contributing to the historic significance of that district;</para>
        <para num="(iv)">located within a City Historical and Architectural Preservation District or within a Historical Conservation District and certified by CHAP as contributing to the historic significance of that district; or</para>
        <para num="(v)">included within the boundaries of a certified heritage area.</para>
      </para>
      <para num="(5)" heading="Significant improvements.">“Significant improvements” means improvements, restoration, or rehabilitation for which the total documented construction cost equals or exceeds 25% of a property’s full cash value before commencement of the improvements, restoration, or rehabilitation.</para>
    </para>
    <para num="(b)" heading="Program goal.">The goal of this program is to help preserve and revitalize Baltimore’s neighborhoods by encouraging home and business owners to make special efforts to restore or rehabilitate historic buildings.</para>
    <para num="(c)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-204"&gt;State Tax-Property Article § 9-204&lt;/cite&gt;.1, a 10-year tax credit is granted against the City real property tax attributable to eligible improvements of historic properties.</para>
    <para num="(d)" heading="CHAP approval required.">The tax credit granted by this section applies only to eligible improvements that, before the improvements are begun, have been preliminarily approved by CHAP as meeting local historic preservation standards.</para>
    <para num="(e)" heading="Amount of credit – In general.">
      <para num="(1)" heading="Calculation adjustments.">The calculations specified in paragraphs (2) and (3) of this subsection are subject to:<para num="(i)">the reduction required by paragraph (5) of this subsection; and</para>
        <para num="(ii)">the limitations imposed by subsections (f) and (f-2) of this section.</para>
      </para>
      <para num="(2)" heading="Credits initially granted before October 1, 2014.">
        <para num="(i)">For credits initially granted under this section before October 1, 2014, and for the duration of the credit, the credit is equal to the difference between:<para num="(A)">the real property tax on the most recent full cash value of the property before the commencement of eligible improvements; and</para>
          <para num="(B)">the real property tax on the most recent full cash value of the property after completion of the eligible improvements.</para>
        </para>
        <para num="(ii)">For purposes of this calculation, the full cash value of the property is the full cash value before phase in, as determined by the State Department of Assessments and Taxation through the assessment procedures established under &lt;cite data-doc="Md. Code" data-path="gtp"&gt;Tax-Property Article, Title 8, of the Maryland Code&lt;/cite&gt;.</para>
      </para>
      <para num="(3)" heading="Credits initially granted on or after October 1, 2014.">
        <para num="(i)">For credits initially granted under this section on or after October 1, 2014, and for the duration of the credit, the credit is equal to the difference between:<para num="(A)">the real property tax on the full cash value of the property before the commencement of eligible improvements; and</para>
          <para num="(B)">the real property tax on the full cash value of the property after completion of the eligible improvements.</para>
        </para>
        <para num="(ii)">For purposes of this calculation, the full cash value of the property shall be determined by an appraisal of the property before commencement and after completion of eligible improvements by a professional appraiser selected by the City and licensed under &lt;cite data-doc="Md. Code" data-path="gbo"&gt;Business Occupations and Professions Article, Title 16, Subtitle 3, of the Maryland Code&lt;/cite&gt;.</para>
      </para>
      <para num="(4)">Notwithstanding paragraph (3) of this subsection, if a property received preliminary approval under subsection (d) of this section before October 1, 2014, the credit shall be calculated in accordance with paragraph (2) of this subsection.</para>
      <para num="(5)">The credit calculated under this subsection shall be reduced by the amount of the credit, if any, for which the property is eligible under the Maryland Enterprise Zone Tax Credit Program.</para>
    </para>
    <para num="(f)" heading="Amount of credit – Limitation on projects costing more than $5 million.">For development projects exceeding $5 million in documented construction costs, the tax credit is limited to the following percentages of the amount computed under subsection (e) of this section:

            &lt;table class="layout-table"&gt;
              &lt;tbody&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(1) in years 1 through 5&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;80%&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(2)  in year 6&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;70%&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(3)  in year 7&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;60%&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(4)  in year 8&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;50%&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(5) in year 9&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;40%&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
                &lt;tr&gt;
                  &lt;td&gt;
                    &lt;p class="text-indent-2"&gt;(6)  in year 10&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;-&lt;/p&gt;
                  &lt;/td&gt;
                  &lt;td&gt;
                    &lt;p&gt;30%.&lt;/p&gt;
                  &lt;/td&gt;
                &lt;/tr&gt;
              &lt;/tbody&gt;
            &lt;/table&gt;
          </para>
    <para num="(f-1)" heading="Special requirements for projects costing more than $3.5 million.">
      <para num="(1)">This subsection applies only to development projects exceeding $3.5 million in documented construction costs,</para>
      <para num="(2)">For a project subject to this subsection to be eligible for any tax credit under this section:<para num="(i)">the developer must:<para num="(A)">submit all documents requested by the Finance Director; and</para>
          <para num="(B)">submit documentation reviewed by the developer with the State Department of Assessments and Taxation to support a preliminary estimate of value for tax purposes based on construction costs and projected income; and</para>
        </para>
        <para num="(ii)">either:<para num="(A)">the existing building in question must have been at least 75% vacant for at least 3 years;</para>
          <para num="(B)">the project is a high-performance market-rate rental housing project, as these terms are defined in § 10-18 (a)(2) {“Definitions: High-performance”} and (a)(3) {“Definitions: Market-rate rental housing project”} of this subtitle; or</para>
          <para num="(C)">the developer must otherwise demonstrate to the Finance Director that the credit is necessary in order for the project to proceed.</para>
        </para>
      </para>
      <para num="(3)">When a project subject to this subsection applies for the credit, the developer must submit a statement of projected economic impact and public benefits for the project.  3 years from the date an application is accepted, the developer must submit statements of actual economic impact and public benefits for the project.  Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development.</para>
      <para num="(4)">If a project subject to this subsection is located in a Maryland Enterprise Zone, the credit under this section may be taken only for those parts of the property that have been rejected as ineligible for the enterprise zone tax credit.</para>
    </para>
    <para num="(f-2)" heading="Limitation on amount of credit applied.">No part of any credit calculated under this section may be applied in any tax year:<para num="(1)">to reduce the property’s tax liability for that tax year, after application of any other applicable credit, to less than the tax liability to which the property was subject, after application of any other applicable tax credit, before commencement of the eligible improvements; or</para>
      <para num="(2)">in any case in which the property’s tax liability for that tax year, after application of any other applicable credit,  is less than the tax liability to which the property was subject, after application of any other applicable tax credit, before commencement of the eligible improvements.</para>
    </para>
    <para num="(g)" heading="Additional requirements.">A credit under this section:<para num="(1)">is subject to eligibility requirements no less stringent than those applicable to credits authorized under &lt;cite data-doc="Md. Code" data-path="gtp|9-204"&gt;Tax-Property Article § 9-204, of the Maryland Code&lt;/cite&gt;;</para>
      <para num="(2)">is limited to a period of 10 consecutive tax years (or portion of a tax year), beginning with the first billing period that occurs after CHAP and the Finance Director have issued their final approvals;</para>
      <para num="(3)">is fully transferrable to a new owner for the remaining life of the credit; and</para>
      <para num="(4)">terminates if the property is converted so as to no longer meet established historic preservation standards.</para>
    </para>
    <para num="(h)" heading="Continuing eligibility.">During the credit period, the property owner shall:<para num="(1)">maintain the major historic features of the property;</para>
      <para num="(2)">ensure that the property for which the credit was granted is in full compliance with the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;; and</para>
      <para num="(3)">submit all statements required by subsection (f-1)(3) of this section.</para>
    </para>
    <para num="(i)" heading="No tax subsidy duplication allowed.">Except for the Maryland State Enterprise Zone Tax Credit Program, the credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, or otherwise, is being received or has been applied for.</para>
    <para num="(j)" heading="Application.">
      <para num="(1)">A property owner seeking this credit shall:<para num="(i)">file an application with CHAP; and</para>
        <para num="(ii)">pay the application fee set by the Board of Estimates.</para>
      </para>
      <para num="(2)">The application shall contain the information, including identification of major historic features, that CHAP considers necessary for determining the eligibility of the applicant.</para>
    </para>
    <para num="(k)" heading="Administration.">The Finance Director, after consultation with the Director of Planning,  may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section;</para>
      <para num="(2)">settle any disputed claims that may arise in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate his or her powers and duties to administer this section to any employee or agency of the City.</para>
    </para>
    <para num="(l)" heading="Review.">
      <para num="(1)">CHAP, in coordination with the Department of Finance, shall establish review procedures for the credit program established by this section.</para>
      <para num="(2)">The Department of Finance shall analyze the data submitted under subsection (f)(3) of this section.</para>
    </para>
    <para num="(m)" heading="Termination of program.">Applications for a credit under this section may not be accepted after December 31, 2027.</para>
    <para num="(n)" heading="Criminal penalties.">Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75G</annotation>
    <annotation type="History">Ord. 95-668</annotation>
    <annotation type="History">Ord. 97-183</annotation>
    <annotation type="History">Ord. 99-416</annotation>
    <annotation type="History">Ord. 00-103</annotation>
    <annotation type="History">Ord. 02-475</annotation>
    <annotation type="History">Ord. 06-184</annotation>
    <annotation type="History">Ord. 07-439</annotation>
    <annotation type="History">Ord. 07-552</annotation>
    <annotation type="History">Ord. 09-140</annotation>
    <annotation type="History">Ord. 14-194</annotation>
    <annotation type="History">Ord. 14-288</annotation>
    <annotation type="History">Ord. 15-427</annotation>
    <annotation type="History">Ord. 16-454</annotation>
    <annotation type="History">Ord. 16-503</annotation>
    <annotation type="History">Ord. 20-414</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 21-105</annotation>
    <annotation type="History">Ord. 23-192</annotation>
    <annotation type="History">Ord. 23-253</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 and reflect 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>
    <annotation type="History" />
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-9" heading="Newly constructed market-rate rental housing.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)">In this section, the following words have the meanings indicated.</para>
      <para num="(2)">“Market-rate rental housing project” means a multifamily dwelling containing 5 or more units in which none of the units are subject to government restrictions on the amount of rent charged or the income level of the tenant.</para>
      <para num="(3)">“Newly constructed” means:<para num="(i)">newly erected on a vacant lot;</para>
        <para num="(ii)">converted from non-residential use, provided the conversion/ construction costs exceed $60,000 per unit; or</para>
        <para num="(iii)">substantially rehabilitated, provided the structure was a dwelling identified by the Commissioner of Housing, through issuance of a “vacant house notice” or otherwise, as having been vacant and unfit for human habitation for a period of at least 1 year prior to issuance of a construction permit for the project, and provided the rehabilitation/construction costs exceed $60,000 per unit;
for which, in each case, a first occupancy permit following construction is issued after January 1, 1996.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with the provisions of &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(f), &lt;/cite&gt;there is established a tax credit against the Baltimore City real property tax imposed on newly constructed market-rate rental housing projects.</para>
    <para num="(c)" heading="Amount of credit.">The amount of a property tax credit granted under this section shall be the amount of City real property tax imposed on a market-rate rental housing project, less the amount of any other credit applicable in that year, multiplied by:<para num="(1)">50% for the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(2)">40% for the 2&lt;sup&gt;nd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(3)">30% for the 3&lt;sup&gt;rd&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(4)">20% for the 4&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit;</para>
      <para num="(5)">10% for the 5&lt;sup&gt;th&lt;/sup&gt; taxable year in which the property qualifies for the tax credit; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(d)" heading="When credit first applies.">A newly constructed market-rate rental housing project qualifies for a tax credit under this section when an occupancy permit is first issued for the project following construction.</para>
    <para num="(e)" heading="Deadline for qualification.">A newly constructed market-rate rental housing project with an occupancy permit issued after June 30, 2001 shall not qualify for a tax credit under this section.</para>
    <para num="(f)" heading="Application for credit.">
      <para num="(1)">The owner of a newly constructed market-rate rental housing project shall file an application for a tax credit under this section with the Director of Finance on or before September 1 of the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies and shall file an application annually thereafter for each year in which the credit is sought.</para>
      <para num="(2)">The application shall contain all information that the Director of Finance considers necessary for determining the eligibility of the applicant.</para>
    </para>
    <para num="(g)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to implement the provisions of this section.</para>
    <para num="(h)" heading="Report to Board of Estimates.">
      <para num="(1)">The Director of Finance shall analyze the public costs and benefits of the credits granted under this section and shall report annually the findings of the analysis to the Board of Estimates.</para>
      <para num="(2)">The method of analysis developed by the Director of Finance shall be approved by the Board of Estimates prior to its use.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75H</annotation>
    <annotation type="History">Ord. 95-680</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-10" heading="Brownfields.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)">In this section, the following words have the meanings indicated.</para>
      <para num="(2)">“Brownfields Incentive Fund” means the Brownfields Revitalization Incentive Fund established under &lt;cite data-doc="Md. Code" data-path="83A|3-904"&gt;Article 83A, § 3-904 of the Maryland Code&lt;/cite&gt;.</para>
      <para num="(2)">“Brownfields Incentive Program” means the Brownfields Revitalization Incentive Program established under “Economic Development Article, § 5-335 of the Maryland Code”.</para>
      <para num="(3)">“Brownfields site” means a qualified Brownfields site, as defined in  “Economic Development Article, § 5-301(i) of the Maryland Code”.</para>
      <para num="(4)">“Increased property tax liability” means the remaining property tax liability, after first applying all other property tax credits applicable to the site, attributable to the increase in the assessment of a Brownfields site, including improvements added to the site within the tax-credit period provided for in this section, over the assessment of the Brownfields site before its voluntary cleanup.</para>
    </para>
    <para num="(b)" heading="Election to participate in Program.">Pursuant to § 9-229 of the State Tax-Property Article, the City of Baltimore elects to participate in the Brownfields Incentive Program and to provide the tax credits authorized by this section.</para>
    <para num="(c)" heading="Tax-credit period.">The credit granted by this section applies in each of the taxable years immediately following the 1&lt;sup&gt;st&lt;/sup&gt; revaluation of the Brownfields site after completion of a voluntary cleanup or corrective action plan, for a total of:<para num="(1)">5 taxable years; or</para>
      <para num="(2)">if the site is in a designated State Enterprise Zone, 10 taxable years.</para>
    </para>
    <para num="(d)" heading="Basic 50% credit.">The amount of the tax credit is 50% of the Brownfields site’s increased property tax liability.</para>
    <para num="(e)" heading="Additional 20% in credits for certain sites.">An additional credit of 20% of a Brownfields site’s increased property tax liability shall be granted if the aggregate cost of the site’s purchase and the voluntary cleanup or corrective action plan efforts equals or exceeds $250,000.</para>
    <para num="(f)" heading="Contribution to Incentive Fund.">For each year of the tax-credit period specified in subsection (c) of this section, the City shall contribute to the Brownfields Incentive Fund an amount equal to 30% of a Brownfields site’s increased property tax liability.</para>
    <para num="(g)" heading="Credits transferability.">The credits provided for in subsections (d) and (e) of this section may be transferred to a purchaser of the property for the remaining term of the credit.</para>
    <para num="(h)" heading="Termination of credit.">The tax credit granted under this section terminates if:<para num="(1)">the recipient of the credit withdraws from the voluntary cleanup program under § 7-512(a) or (b) of the Environment Article;</para>
      <para num="(2)">the Department of the Environment withdraws approval of a response action plan or a certificate of completion under § 7-512(e) and (f) of the Environment Article; or</para>
      <para num="(3)">the recipient of the credit otherwise ceases to qualify for the credit under this section or the rules and regulations adopted under this section.</para>
    </para>
    <para num="(i)" heading="Application for credit.">
      <para num="(1)">An application for a tax credit under this section must be filed in the 1&lt;sup&gt;st&lt;/sup&gt; taxable year in which the property qualifies.</para>
      <para num="(2)">The application must be made on the form and contain the information that the Director of Finance specifies.</para>
      <para num="(3)">Before a credit may be granted, the applicant must provide satisfactory evidence of:<para num="(i)">completion of a voluntary cleanup or corrective action plan approved by the State Department of the Environment; and</para>
        <para num="(ii)">for the additional credit provided under subsection (e) of this section, the cost of the site’s purchase and of the voluntary cleanup or corrective action plan.</para>
      </para>
    </para>
    <para num="(j)" heading="Administration.">The Director of Finance may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out the provisions of this section;</para>
      <para num="(2)">settle any disputed claims arising in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate his or her powers and duties to administer this section to any employee or agency of the City.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75I</annotation>
    <annotation type="History">Ord. 98-248</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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>
    <annotation type="Editor's Notes">For subsection (a)(2), The Brownfields Incentive Fund is incorporated into the Maryland Economic Development Assistance Fund, as established under Economic Development Article, § 5-310 of the Maryland Code. The purpose of the Maryland Economic Development Assistance Fund includes “provide[ing] financial assistance for the redevelopment of qualified browfields sites”. Economic Development Article, § 5-311 of the Maryland Code. See also Economic Development Article, Part VI. Brownfields Revitalization Incentive Program of the Maryland Code. </annotation>
  </section>
  <section prefix="§" num="10-11" heading="South Baltimore Little League.">
    <para num="(a)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to carry out this section.</para>
    <para num="(b)" heading="Credit granted.">
      <para num="(1)">A tax credit is granted against the City property tax imposed on the property located at 1101 E. Fort Avenue.</para>
      <para num="(2)">The tax credit applies only as long as the property is owned by the South Baltimore Little League and used by the League for amateur sports.</para>
      <para num="(3)">The amount of the tax credit equals 100% of the City property tax imposed on the property.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75J</annotation>
    <annotation type="History">Ord. 98-282</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-12" heading="Northwest Family Sport Center.">
    <para num="(a)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to carry out this section.</para>
    <para num="(b)" heading="Credit granted.">
      <para num="(1)">A tax credit is granted against the City property tax imposed on the personal property owned by the Northwest Family Sport Center, Inc.</para>
      <para num="(2)">The amount of the tax credit equals 100% of the City property tax imposed on the Center’s personal property.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75K</annotation>
    <annotation type="History">Ord. 98-284</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-13" heading="Telecommunications renovations.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Eligible area.">“Eligible area” means any area that is eligible for designation as an eligible neighborhood under &lt;cite data-doc="Md. Code" data-path="83B"&gt;Article 83B, §§ 4-201 through 4-208 of the Maryland Code&lt;/cite&gt;.</para>
      <para num="(3)" heading="Qualifying renovations.">“Qualifying renovations” means infrastructure renovations to accommodate advanced computer and telecommunications systems, including the installation of fiber-optic cable, emergency electrical capacity, emergency back-up power, fiber-optic risers, internal/external network cabling, information outlets, and other specialized equipment.</para>
      <para num="(4)" heading="State-of-the-art communications and utility standards.">“State-of-the-art communications and utility standards” means the communication and utility standards published by the Electrical Industry Association and the Telecommunications Industry Association as EIA/TIA Standard 568, generally referred to as “Class 5” Installations.</para>
    </para>
    <para num="(b)" heading="Tax credit authorized.">A real property tax credit is granted against the City property tax imposed on a commercial (including commercial-residential) building:<para num="(1)">that is in an eligible area; and</para>
      <para num="(2)">to which qualifying renovations have been made to meet state-of-the-art communications and utility standards.</para>
    </para>
    <para num="(c)" heading="Amount of credit.">The tax credit granted under this section for any 1 taxable year shall equal 7.5% of the cost of qualifying renovations, subject to a maximum cumulative credit of $750,000 for the 10-year credit period.  The credit shall be applied only to that part of the taxes due that exceed the tax calculated on the fully phased-in pre-improvement value of the property.</para>
    <para num="(d)" heading="Commencement and duration of credit.">
      <para num="(1)">A tax credit may be granted under this section only for 10 years or until the maximum credit amount of $750,000 is reached, whichever is first.</para>
      <para num="(2)">The 10-year credit period begins after:<para num="(i)">the qualifying renovations have been completed;</para>
        <para num="(ii)">the Building Official gives final approval to the project; and</para>
        <para num="(iii)">the State Department of Assessments and Taxation completes an assessment review.</para>
      </para>
      <para num="(3)">The credit will be first applied to the tax bill generated after the State Department of Assessments and Taxation has issued a revised assessment notice on a part- or full-year basis.</para>
    </para>
    <para num="(e)" heading="No tax subsidy duplication allowed.">The credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, or otherwise, is being received or has been applied for.</para>
    <para num="(f)" heading="Application.">
      <para num="(1)">The person responsible for paying property taxes should file an initial application for the credit concurrently with the application for building permits for the renovation work.  In no event, however, may any application for a credit be accepted after a building permit is issued.  The application shall estimate the costs of the proposed qualifying renovations, separately from all other costs.</para>
      <para num="(2)">Before renovations begin, the applicant must file renovation plans with the City Building Official and obtain preliminary approval that the plans meet state-of-the-art communication and utility standards.</para>
      <para num="(3)">During construction and on completion of the renovations, the applicant must obtain certification from the Building Official that the renovations conform to the approved plans.</para>
      <para num="(4)">On completion of the renovations, the applicant must provide documented evidence of the costs of the qualifying renovations.</para>
    </para>
    <para num="(g)" heading="Continuing eligibility requirements.">The use of the credit in any year is conditioned on the taxpayer’s:<para num="(1)">maintaining the property in compliance with all City housing, building, health, fire, and other applicable City Code requirements; and</para>
      <para num="(2)">remaining current on all payments due to the City.</para>
    </para>
    <para num="(h)" heading="Administration.">
      <para num="(1)">The Director of Finance may:<para num="(i)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section;</para>
        <para num="(ii)">settle disputed claims that may arise in connection with the credit authorized by this section; and</para>
        <para num="(iii)">delegate powers, duties, or functions in connection with the administration of this credit to the City Collector or any other City employee.</para>
      </para>
      <para num="(2)">The Director of Finance shall report the estimated cost of all tax credits granted under this section in any fiscal year as a tax expenditure for that fiscal year and shall include that cost in the Ordinance of Estimates for that fiscal year.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 28, §75L</annotation>
    <annotation type="History">Ord. 98-350</annotation>
    <annotation type="History">Ord. 02-475</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-14" heading="Arts and entertainment districts.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Arts and entertainment district.">“Arts and entertainment district” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gec|4-701"&gt;State Economic Development Article, § 4-701&lt;/cite&gt;.</para>
      <para num="(3)" heading="Arts and entertainment enterprise.">“Arts and entertainment enterprise” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gec|4-701"&gt;State Economic Development Article, § 4-701&lt;/cite&gt;.</para>
      <para num="(4)" heading="Director.">“Director” means the Director of Finance or designee.</para>
      <para num="(5)" heading="Eligible assessment.">“Eligible assessment” means the phased-in value, as applied by the State Department of Assessments and Taxation in the 1&lt;sup&gt;st&lt;/sup&gt;, 2&lt;sup&gt;nd&lt;/sup&gt;, or 3&lt;sup&gt;rd&lt;/sup&gt; year in a 3-year cycle under &lt;cite data-doc="Md. Code" data-path="gtp|8-103"&gt;State Tax-Property Article § 8-103, &lt;/cite&gt;attributable to the qualifying renovations, as determined by the State Department of Assessments and Taxation.</para>
      <para num="(6)" heading="Qualifying renovations.">“Qualifying renovations” means renovations that are made:<para num="(1)">to a manufacturing, commercial, or industrial building located in a State-designated arts and entertainment district; and</para>
        <para num="(2)">for use by a qualifying residing artist or an arts and entertainment enterprise.</para>
      </para>
      <para num="(7)" heading="Qualifying residing artist.">“Qualifying residing artist” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gec|4-701"&gt;State Economic Development Article, § 4-701&lt;/cite&gt;.</para>
    </para>
    <para num="(b)" heading="Credit granted.">
      <para num="(1)">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-240"&gt;State Tax-Property Article § 9-240, &lt;/cite&gt;a real property tax credit is granted against the City property tax imposed on a manufacturing, commercial, or industrial building that:<para num="(i)">is located in a State-designated arts and entertainment district; and</para>
        <para num="(ii)">is wholly or partially renovated for use by a qualifying residing artist or an arts and entertainment enterprise.</para>
      </para>
      <para num="(2)">The credit is prorated to reflect the proportion of the building used by a qualifying residing artist or an arts and entertainment enterprise.</para>
    </para>
    <para num="(c)" heading="Term of credit.">A tax credit may be taken under this section for up to 10 years, as provided in subsection (d) of this section, subject to compliance with the continuing eligibility requirements of subsection (j) of this section.</para>
    <para num="(d)" heading="Amount of credit.">
      <para num="(1)">Except for properties eligible for a Maryland Enterprise Zone Tax Credit, the amount of the credit granted under this section is the amount of property tax imposed on the eligible assessment of the property, multiplied by:<para num="(i)">80% for the first 5 taxable years;</para>
        <para num="(ii)">70% for the 6&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(iii)">60% for the 7&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(iv)">50% for the 8&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(v)">40% for the 9&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(vi)">30% for the 10&lt;sup&gt;th&lt;/sup&gt; taxable year; and</para>
        <para num="(vii)">0% for each subsequent taxable year.</para>
      </para>
      <para num="(2)">For properties eligible for a Maryland Enterprise Zone Tax Credit, the amount of the credit granted under this section is the amount of property tax imposed on the eligible assessment of the property, multiplied by:<para num="(i)">20% for the first 5 taxable years;</para>
        <para num="(ii)">30% for the 6&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(iii)">40% for the 7&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(iv)">50% for the 8&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(v)">60% for the 9&lt;sup&gt;th&lt;/sup&gt; taxable year;</para>
        <para num="(vi)">70% for the 10&lt;sup&gt;th&lt;/sup&gt; taxable year; and</para>
        <para num="(vii)">0% for each subsequent taxable year.</para>
      </para>
    </para>
    <para num="(e)" heading="First year of credit.">The credit period begins after the first reassessment of the property by the State after the completion of qualifying renovations.  The credit will first be applied to the tax bill generated after the State has issued a revised assessment notice, on a part- or full-year basis.</para>
    <para num="(f)" heading="Deadline for qualification.">Improvements made before July 1, 2002, do not qualify for a tax credit under this section.</para>
    <para num="(g)" heading="Credit transferability.">The tax credit granted by this section may be transferred to a purchaser of the property for the remaining term of the credit, subject to compliance with the continuing eligibility requirements of subsection (j) of this section.</para>
    <para num="(h)" heading="Application for credit.">The property owner must apply to the Director for a tax credit under this section within 90 days of receipt of an assessment notice reflecting the eligible assessment.</para>
    <para num="(i)" heading="No tax subsidy duplication allowed.">The credit granted under this section does not apply to any property for which any other tax subsidy from the City, other than a Maryland Enterprise Zone Tax Credit, is being received or has been applied for, whether in the form of a tax credit, payment in lieu of taxes, or otherwise.</para>
    <para num="(j)" heading="Continuing eligibility requirements.">The use of the credit in any year is conditioned on:<para num="(1)">the property’s compliance with all City housing, building, health, fire, and other applicable code requirements;</para>
      <para num="(2)">the taxpayer’s remaining current on all payments due to the City;</para>
      <para num="(3)">the continued use of the property or eligible portion of the property by a qualifying residing artist or an arts and entertainment enterprise; and</para>
      <para num="(4)">the taxpayer’s providing to the Director an annual certification of that continued use.</para>
    </para>
    <para num="(k)" heading="Administration.">The Director may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to implement the provisions of this section;</para>
      <para num="(2)">settle disputed claims that may arise in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee of the City.</para>
    </para>
    <annotation type="History">Ord. 02-462</annotation>
    <annotation type="History">Ord. 16-534</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-15" heading="“Fallen Heroes”.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Director.">“Director” means the Director of Finance or designee.</para>
      <para num="(3)" heading="Dwelling.">
        <para num="(i)">“Dwelling” means real property that is occupied by not more than 2 families.</para>
        <para num="(ii)">“Dwelling” includes the lot or curtilage and structures necessary to use the real property as a residence.</para>
      </para>
      <para num="(4)" heading="Fallen hero.">
        <para num="(i)">“Fallen hero” means, except as specified in subparagraph (ii) of this paragraph, any individual who dies:<para num="1.">as a result of or in the course of employment as a Baltimore City law enforcement officer; or</para>
          <para num="2.">while in the active service of a Baltimore City fire, rescue, or emergency-medical service.</para>
        </para>
        <para num="(ii)">“Fallen hero” does not include any individual whose death was the result of his or her willful misconduct or his or her abuse of alcohol or drugs.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">A real property tax credit is granted against the City property tax imposed on a dwelling if:<para num="(1)">the dwelling is owned by the surviving spouse of a fallen hero;</para>
      <para num="(2)">the dwelling is the surviving spouse’s legal residence;</para>
      <para num="(3)">the surviving spouse has not remarried; and</para>
      <para num="(4)">either:<para num="(i)">the dwelling was owned by the fallen hero at the time of his or her death;</para>
        <para num="(ii)">the fallen hero or the surviving spouse was domiciled in the State at the time the fallen hero died and the dwelling was acquired by the surviving spouse within 2 years of the death; or</para>
        <para num="(iii)">the dwelling was acquired after the surviving spouse qualified for a credit under item (4)(i) or (ii) of this subsection for a former dwelling, to the extent of the previous credit.</para>
      </para>
    </para>
    <para num="(c)" heading="Term of credit.">The credit granted under this section continues from year to year, without further application by the surviving spouse.</para>
    <para num="(d)" heading="Amount of credit.">The amount of the credit granted under this section is 100% of the City property tax imposed on the dwelling.</para>
    <para num="(e)" heading="Administration.">The Director may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section;</para>
      <para num="(2)">settle disputed claims that arise in connection with the credit granted by this section; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit to any employee of the City.</para>
    </para>
    <annotation type="History">Ord. 04-664</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-16" heading="Targeted Homeowner’s Tax Credit.">
    <para num="(a)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-221"&gt;State Tax-Property Article § 9-221, &lt;/cite&gt;a Targeted Homeowner’s Tax Credit is granted against the City property tax imposed on owner-occupied property that has qualified for the Homestead Tax Credit under State Property-Tax Article § 9-105.</para>
    <para num="(b)" heading="Scope.">
      <para num="(1)">The credit is calculated by multiplying credit rate by the assessed value of the improved portion of the property.</para>
      <para num="(2)">The credit shall be granted annually on the initial July tax bill. No partial year credits may be granted.</para>
      <para num="(3)">A homeowner is entitled to the credit granted under this section regardless of the amount of the Homestead Tax Credit to which the homeowner is entitled.</para>
    </para>
    <para num="(c)" heading="Rate and amount of credit.">
      <para num="(1)">The rate of the credit for each tax year shall be set by the Board of Estimates on or before the date on which the Board of Estimates states the rate for the levy of full rate property taxes in that tax year.</para>
      <para num="(2)">A property tax credit granted under this section, when combined with other tax credits, may not exceed the amount of property tax imposed on the property.</para>
    </para>
    <para num="(d)" heading="Rules and regulations; administration.">
      <para num="(1)">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance shall adopt rules and regulations necessary or appropriate to carry out the provisions of this section.</para>
      <para num="(2)">The Director of Finance may:<para num="(i)">settle disputed claims that arise in connection with the credit authorized by this section; and</para>
        <para num="(ii)">delegate his or her powers or duties to administer this section to any agency or employee of the City.</para>
      </para>
    </para>
    <annotation type="History">Ord.  12-009</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-17" heading="High-performance market-rate rental housing – Targeted areas.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="High-performance.">“High-performance” means a high performance building as defined in &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242&lt;/cite&gt;.</para>
      <para num="(3)" heading="Market-rate rental housing project.">“Market-rate rental housing project” means a multi-family dwelling:<para num="(i)">that contains 50 or more rental units; and</para>
        <para num="(ii)">in which dwelling, except to the extent specifically required  by City Code &lt;cite data-path="|13"&gt;Article 13&lt;/cite&gt;, Subtitle 2B {“Inclusionary Housing Requirements”}, none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level.</para>
      </para>
      <para num="(4)" heading="Newly constructed or converted.">“Newly constructed or converted” means a high-performance market-rate rental housing project that:<para num="(i)">was either:<para num="(A)">newly constructed on a vacant lot, cleared site, or parking lot; or</para>
          <para num="(B)">converted from a non-residential use; and</para>
        </para>
        <para num="(ii)">for which:<para num="(A)">the cost of the construction or conversion exceeds $60,000 per rental unit; and</para>
          <para num="(B)">a first occupancy permit following the construction or conversion is issued after January 1, 2013.</para>
        </para>
      </para>
    </para>
    <para num="(b)" heading="Program goal.">The goal of this program is to help grow Baltimore’s  residential population in an environmentally sensitive manner, by encouraging the construction or conversion of new high-performance market-rate rental housing projects.</para>
    <para num="(c)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242, &lt;/cite&gt;a High-Performance Market-Rate Rental Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects.</para>
    <para num="(d)" heading="Amount of credit.">
      <para num="(1)">The amount of the credit shall equal a percentage, as specified in paragraph (2) of this subsection, of 1 or another of the following:<para num="(i)">if the property is still in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, is owed in the current year of the assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project; or</para>
        <para num="(ii)">if the property is no longer in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, was owed in the final year of that assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project.</para>
      </para>
      <para num="(2)">The credit is limited to the following percentages of the amount computed under paragraph (1) of this subsection:

              &lt;table class="layout-table"&gt;
                &lt;tbody&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(i) in years 1 and 2&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;100%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(ii) in years 3, 4, and 5&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;80%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(iii) in year 6&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;70%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(iv) in year 7&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;60%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(v) in years 8, 9, and 10&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;50%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(vi) in year 11&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;40%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(vii) in year 12&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;30%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-3"&gt;(viii) in years 13, 14, and 15&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;20%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                &lt;/tbody&gt;
              &lt;/table&gt;
            </para>
      <para num="(3)">In no event, however, may the tax credit granted under this section, alone or combined with the State Enterprise Zone Tax Credit, exceed the amount of the property tax imposed on the property.</para>
    </para>
    <para num="(e)" heading="Qualified locations.">The property tax credit granted under this section applies only to eligible improvements that are located within the following areas:<para num="(1)">Downtown Area, within the area that is common to  both the Downtown Management Authority District and the Maryland Enterprise Zone;</para>
      <para num="(2)">Reservoir Hill Area, within Census Tract 130100, Census Blocks 2001 and 3000;</para>
      <para num="(3)">Jonestown Area, within Census Tract 030200, Census Blocks 1000-1002 and 1014-1016;</para>
      <para num="(4)">W. Cold Spring Lane Area, within Census Tract 130806, Census Blocks 1002-1004 and 1006;</para>
      <para num="(5)">Poppleton Area, within:<para num="(i)">Census Tract 180100, Census Blocks 1016, 2015-2017, and 2021; and</para>
        <para num="(ii)">Census Tract 180300, Census Blocks 1001-1002 and 1004-1006;</para>
      </para>
      <para num="(6)">York Road Area, within:<para num="(i)">Census Tract 271002, Census Blocks 2003, 2006, 3002-3003, 3007, 3011, 4001, 4004-4005, 5002, and 5005-5006; and</para>
        <para num="(ii)">Census Tract 271101, Census Blocks 1000, 1005, 3000, 3005-3006, 3009-3010, 3017-3018;</para>
      </para>
      <para num="(7)">Bel Air Road Area, within:<para num="(i)">Census Tract 260101, Census Blocks 1000-1003, 1005-1009, 1011-1012, 1015, 1017, 4002, 5002, 5010-5011, 5017-5018, and 5021;</para>
        <para num="(ii)">Census Tract 260102, Census Blocks 4000-4002, 5000, 5002, and 5005- 5008;</para>
        <para num="(iii)">Census Tract 270401, Census Blocks 1015-1018, 1026-1028, 1031-1034, 2012, 3002, 3004-3005, and 3010-3013; and</para>
      </para>
      <para num="(8)">Station North Area, within:<para num="(i)">Census Tract 110200, Census Block 1000;</para>
        <para num="(ii)">Census Tract 120400, Census Block 1010;</para>
        <para num="(iii)">Census Tract 120500, Census Blocks 1001-1005, 1010-1012, 1017-1027, 1030-1031, 2016-2017, 2022, 2024-2025;</para>
        <para num="(iv)">Census Tract 120600, Census Blocks 3012-3022; and</para>
        <para num="(v)">Census Tract 120700, Census Blocks 3026-3027.</para>
      </para>
    </para>
    <para num="(f)" heading="Additional requirements.">A property tax credit granted under this section shall:<para num="(1)">be subject to eligibility requirements no less stringent than those applicable to credits authorized under &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242&lt;/cite&gt;;</para>
      <para num="(2)">be for a period of 15 years for each property, starting with the first assessment after issuance of an occupancy permit for the completed project;</para>
      <para num="(3)">be fully transferrable to a new owner for the remaining life of the credit; and</para>
      <para num="(4)">terminate if, during the credit period, the project:<para num="(i)">fails to maintain its high-performance rating; or</para>
        <para num="(ii)">no longer qualifies as a market-rate rental housing project, as defined in this section.</para>
      </para>
    </para>
    <para num="(g)" heading="Continuing eligibility.">
      <para num="(1)">The property owner shall ensure that, during the credit period, the project for which the credit was granted is:<para num="(i)">in full compliance with the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;;</para>
        <para num="(ii)">maintains its high-performance rating; and</para>
        <para num="(iii)">continues to be used for market-rate rental housing.</para>
      </para>
      <para num="(2)">At the time of application for the credit, the property owner must submit a statement of projected economic impact and public benefits for the project.  3 years from the date an application is accepted, the owner must submit statements of actual economic impact and public benefits for the project.  Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development.</para>
    </para>
    <para num="(h)" heading="No tax subsidy duplication allowed.">Except for the Maryland State Enterprise Zone Tax Credit Program, the tax credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, tax incremental financing, or otherwise, is being received or has been applied for.</para>
    <para num="(i)" heading="Application.">
      <para num="(1)">The owner shall submit the application for the tax credit to the Finance Department, with a copy to the Office of Sustainability, and pay the application fee set by the Board of Estimates.</para>
      <para num="(2)">If the property is transferred at any time, the new owner shall file an application to continue the credit.</para>
    </para>
    <para num="(j)" heading="Administration.">The Director of Finance may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out the provisions of this section, including procedures for granting partial credits for eligibility for less than a full taxable year;</para>
      <para num="(2)">settle disputed claims arising in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee or agency of the City.</para>
    </para>
    <para num="(k)" heading="Review.">
      <para num="(1)">The Department of Finance shall establish review procedures for the program.</para>
      <para num="(2)">The Department of Finance shall analyze data submitted under subsection (f)(2) of this section.</para>
    </para>
    <para num="(l)" heading="Termination of program.">Applications for the credit may not be accepted after December 31, 2017.</para>
    <annotation type="History">Ord. 13-112</annotation>
    <annotation type="History">Ord. 13-175</annotation>
    <annotation type="History">Ord. 14-278</annotation>
    <annotation type="History">Ord. 15-427</annotation>
    <annotation type="History">Ord. 16-554</annotation>
    <annotation type="History">Ord. 17-068</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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="10-18" heading="High-performance market-rate rental housing – Citywide.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="High-performance.">“High-performance” means a high performance building as defined in &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242&lt;/cite&gt;.</para>
      <para num="(3)" heading="Market-rate rental housing project.">“Market-rate rental housing project” means a multi-family dwelling:<para num="(i)">that contains 10 or more rental units; and</para>
        <para num="(ii)">in which dwelling, except to the extent specifically required by City Code &lt;cite data-path="|13"&gt;Article 13&lt;/cite&gt;, Subtitle 2B {“Inclusionary Housing Requirements”}, none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level.</para>
      </para>
      <para num="(4)" heading="Newly constructed or converted.">“Newly constructed or converted” means a high-performance market-rate rental housing project:<para num="(i)">that is either:<para num="(A)">newly constructed on a vacant lot, cleared site, or parking lot;</para>
          <para num="(B)">converted from a non-residential use; or</para>
          <para num="(C)">a wholly renovated structure; and</para>
        </para>
        <para num="(ii)">for which:<para num="(A)">the cost of the construction or conversion exceeds $60,000 per rental unit; and</para>
          <para num="(B)">a first occupancy permit following substantial completion of the construction or conversion is issued after January 1, 2014, and on or before June 30, 2029.</para>
        </para>
      </para>
    </para>
    <para num="(b)" heading="Program goal.">The goal of this program is to help grow Baltimore’s residential population in an environmentally sensitive manner, by encouraging the construction or conversion of new high-performance market-rate rental housing projects.</para>
    <para num="(c)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242, &lt;/cite&gt;a High-Performance Market-Rate Rental Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects.</para>
    <para num="(d)" heading="Amount of credit.">
      <para num="(1)">The amount of the credit shall equal a percentage, as specified in paragraph (2) of this subsection, of 1 or another of the following:<para num="(i)">if the property is still in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, is owed in the current year of the assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project; or</para>
        <para num="(ii)">if the property is no longer in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, was owed in the final year of that assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project.</para>
      </para>
      <para num="(2)">The credit is limited to the following percentages of the amount computed under paragraph (1) of this subsection:

              &lt;table class="layout-table"&gt;
                &lt;tbody&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(i) in years 1 through 5&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;80%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(ii) in year 6&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;70%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(iii) in year 7&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;60%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(iv) in year&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;50%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(v) in year 9&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;40%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(vi) in year 10&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;30%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                  &lt;tr&gt;
                    &lt;td&gt;
                      &lt;p class="text-indent-2"&gt;(vii) in years 11 and after&lt;/p&gt;
                    &lt;/td&gt;
                    &lt;td&gt;
                      &lt;p&gt;0%&lt;/p&gt;
                    &lt;/td&gt;
                  &lt;/tr&gt;
                &lt;/tbody&gt;
              &lt;/table&gt;
            </para>
      <para num="(3)">In no event, however, may the tax credit granted under this section, alone or combined with the State Enterprise Zone Tax Credit, exceed the amount of the property tax imposed on the property.</para>
    </para>
    <para num="(e)" heading="Ineligibility of certain projects involving historic property.">The tax credit granted under this section does not apply to:<para num="(1)">any project that involves improvements eligible for a tax credit under &lt;cite data-path="|28|§10-8"&gt;§ 10-8 {“Historic restorations and rehabilitations”} of this subtitle&lt;/cite&gt;; or</para>
      <para num="(2)">any project that involves modifications to or affecting a property listed individually on the National Register of Historic Places or located within a National Register Historic District, if the City’s Commission for Historical and Architectural Preservation determines that the modifications are incompatible with local historic preservation standards.</para>
    </para>
    <para num="(f)" heading="Additional requirements.">A property tax credit granted under this section shall:<para num="(1)">be subject to eligibility requirements no less stringent than those applicable to credits authorized under &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242&lt;/cite&gt;;</para>
      <para num="(2)">be for a period of 10 years for each property, starting with the first assessment after issuance of an occupancy permit for the completed project;</para>
      <para num="(3)">be fully transferrable to a new owner for the remaining life of the credit; and</para>
      <para num="(4)">terminate if, during the credit period, the project:<para num="(i)">fails to maintain its high-performance rating; or</para>
        <para num="(ii)">no longer qualifies as a market-rate rental housing project, as defined in this section.</para>
      </para>
    </para>
    <para num="(g)" heading="Continuing eligibility.">
      <para num="(1)">The property owner shall ensure that, during the credit period, the project for which the credit was granted is:<para num="(i)">in full compliance with the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;;</para>
        <para num="(ii)">maintains its high-performance rating; and</para>
        <para num="(iii)">continues to be used for market-rate rental housing.</para>
      </para>
      <para num="(2)">At the time of application for the credit, the property owner must submit a statement of projected economic impact and public benefits for the project.  3 years from the date an application is accepted, the owner must submit statements of actual economic impact and public benefits for the project.  Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development.</para>
    </para>
    <para num="(h)" heading="No tax subsidy duplication allowed.">Except for the Maryland State Enterprise Zone Tax Credit Program and the High-Performance Inclusionary Housing Tax Credit, the tax credit authorized by &lt;cite data-path="|28|II|10|10-18"&gt;this section&lt;/cite&gt; does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, tax incremental financing, or otherwise, is being received or has been applied for.</para>
    <para num="(i)" heading="Application.">
      <para num="(1)">The owner shall submit the application for the tax credit to the Finance Department, with a copy to the Office of Sustainability, and pay the application fee set by the Board of Estimates.</para>
      <para num="(2)">If the property is transferred at any time, the new owner shall file an application to continue the credit.</para>
    </para>
    <para num="(j)" heading="Review by Finance and CHAP.">
      <para num="(1)">The Department of Finance shall establish general review procedures for the program.</para>
      <para num="(2)">The Commission for Historical and Architectural Preservation, in coordination with the Department of Finance, shall establish specific procedures for determining whether the criteria of subsection (e) of this section apply to a project so as to render it ineligible for the credit authorized by this section.</para>
      <para num="(3)">The Department of Finance shall analyze data submitted under subsection (f)(2) of this section.</para>
    </para>
    <para num="(k)" heading="Administration.">The Director of Finance may:<para num="(1)">subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out the provisions of this section, including procedures for granting partial credits for eligibility for less than a full taxable year;</para>
      <para num="(2)">settle disputed claims arising in connection with the credit authorized by this section; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee or agency of the City.</para>
    </para>
    <para num="(l)" heading="Termination of program.">Applications for the credit may not be accepted after December 31, 2027.</para>
    <annotation type="History">Ord. 14-278</annotation>
    <annotation type="History">Ord. 15-427</annotation>
    <annotation type="History">Ord. 16-554</annotation>
    <annotation type="History">Ord. 17-022</annotation>
    <annotation type="History">Ord. 17-068</annotation>
    <annotation type="History">19-331</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 21-104</annotation>
    <annotation type="Editor's Notes">Ordinance 19-331, enacted December 18, 2019, amended subsection (a)(3)(i) to reduce the required number of rental units from 20 units to 10 units.  Section 2 of Ord. 19-331 states that the amendment “shall apply retroactively to all projects under construction pursuant to a building permit that is valid as of the date this Ordinance is enacted, provided that: (i) the project has not received a final occupancy permit prior to the date this Ordinance is enacted; and (ii) an Initial Application has been submitted to the Department of Finance within 90 days of the date this Ordinance is enacted.”</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 and reflect 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>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-18.1" heading="High-performance newly constructed dwellings.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="High-performance.">“High-performance” means meeting the performance standards set forth in &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242(a) &lt;/cite&gt;{“‘High performance building’ defined”}.</para>
      <para num="(3)" heading="Newly constructed dwelling.">
        <para num="(i)" heading="In general.">“Newly constructed dwelling” means residential real property:<para num="(A)">that has not been previously occupied since its construction; and</para>
          <para num="(B)">for which the building permit for construction was issued on or after October 1, 1994.</para>
        </para>
        <para num="(ii)" heading="Inclusion.">“Newly constructed dwelling” includes a vacant dwelling that:<para num="(A)">has been rehabilitated in compliance with applicable local laws and regulations; and</para>
          <para num="(B)">has not been previously occupied since the rehabilitation.</para>
        </para>
      </para>
      <para num="(4)" heading="Owner.">“Owner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(d) &lt;/cite&gt;{“Newly constructed dwellings”}.</para>
      <para num="(5)" heading="Vacant dwelling.">“Vacant dwelling” means residential real property that:<para num="(i)">contains no more than 4 dwelling units as defined in § 202.2 of the Baltimore City &lt;cite data-path="|building-codes|II"&gt;Building Code&lt;/cite&gt;; and</para>
        <para num="(ii)">either:<para num="(A)">had been cited with a vacant building notice that remained unabated until the rehabilitation described in paragraph (3)(ii)(A); or</para>
          <para num="(B)">has been owned by the Mayor and City Council of Baltimore City for 1 year and is in need of substantial repair to comply with applicable City codes.</para>
        </para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">There is established a property tax credit, as authorized in &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242, &lt;/cite&gt;against the property tax imposed on high-performance newly constructed dwellings that are owned by qualifying owners.</para>
    <para num="(c)" heading="Qualifications.">The owner of a high-performance newly constructed dwelling may qualify for the tax credit authorized by this section by:<para num="(1)">purchasing a high-performance newly constructed dwelling;</para>
      <para num="(2)">occupying that dwelling as his or her principal residence;</para>
      <para num="(3)">filing an application for the credit within 90 days after settling on the purchase of the dwelling;</para>
      <para num="(4)">for each taxable year for which the credit is sought, filing a state income tax return as a resident of Baltimore City;</para>
      <para num="(5)">satisfying all other conditions imposed by the regulations of the Director of Finance; and</para>
      <para num="(6)">not currently receiving the credit authorized by &lt;cite data-path="|28|§10-5"&gt;§ 10-5 of this subtitle&lt;/cite&gt; {“Newly constructed dwellings”}.</para>
    </para>
    <para num="(d)" heading="Amount of credit.">A property tax credit granted under this section shall equal the amount of City property tax imposed on the real property, less the amount of any other credit applicable in that year, multiplied by:<para num="(1)">50% for the 1st full taxable year in which the property qualifies for the tax credit;</para>
      <para num="(2)">40% for then 2nd full taxable year in which the property qualifies for the tax credit;</para>
      <para num="(3)">30% for the 3rd full taxable year in which the property qualifies for the tax credit;</para>
      <para num="(4)">20% for the 4th full taxable year in which the property qualifies for the tax credit;</para>
      <para num="(5)">10% for the 5th full taxable year in which the property qualifies for the tax credit; and</para>
      <para num="(6)">0% for each taxable year thereafter.</para>
    </para>
    <para num="(e)" heading="Rules and regulations.">
      <para num="(1)">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance shall adopt rules and regulations to carry out the provisions of this section.</para>
      <para num="(2)">These regulations shall include procedures necessary and appropriate for the submission of an application for and the granting of a property tax credit under this section.</para>
    </para>
    <para num="(f)" heading="Reporting credits.">The estimated amount of all tax credits received by owners under this section in any fiscal year:<para num="(1)">shall be reported by the Director of Finance of Baltimore City as a “tax expenditure” for that fiscal year; and</para>
      <para num="(2)">shall be included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year.</para>
    </para>
    <para num="(g)" heading="Annual report.">The Director of Finance shall report annually to the Board of Estimates and to the Mayor and City Council any results and findings of any analysis of the tax credit, including the steps taken and proposed to be taken to promote and otherwise further the use of the tax credit program.</para>
    <para num="(h)" heading="Termination of program.">Notwithstanding any other provision of this section, additional owners whose settlement on the purchase of a high-performance newly constructed dwelling occurs after June 30, 2027, may not apply for a credit under this section.</para>
    <annotation type="History">Ord. 19-290</annotation>
    <annotation type="History">Ord. 19-317</annotation>
    <annotation type="History">Ord. 19-332</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 21-027</annotation>
    <annotation type="History">Ord. 21-106</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 and reflect 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>
    <annotation type="Editor's Notes">This section was amended by Ordinance 21-027, effective June 14, 2021, among other things, to revise the definition of “newly constructed dwelling” and to clarify and extend the credit qualification deadlines for certain high-performance newly constructed dwellings.  Section 3 of that Ordinance provides: “[I]f settlement on the purchase of the high-performance newly constructed dwelling occurred prior to the enactment of this Ordinance {i.e., June 14, 2021} and if the building permit for the construction of the ... dwelling was issued on or after July 1, 2019, but before July 1, 2020, an application for a tax credit under ... this Ordinance must be filed no later than December 31, 2021.”</annotation>
    <annotation type="Editor's Notes">This section was enacted by Ordinance 19-290 and became effective on August 29, 2019.  Ord. 19-290 proposed to codify this section as a new § 10-31 but, for various reasons, the section is better codified here, adjacent to two preexisting tax credits for “high-performance” structures.</annotation>
  </section>
  <section prefix="§" num="10-18.2" heading="High-performance inclusionary housing tax credit.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt;, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Affordable unit.">“Affordable unit” means a dwelling unit that is required by City Code &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; to be provided to a family earning an income that is either:<para num="(i)">low income;</para>
        <para num="(ii)">moderate income;</para>
        <para num="(iii)">very low income; or</para>
        <para num="(iv)">extremely low income.</para>
      </para>
      <para num="(3)" heading="AMI.">“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.</para>
      <para num="(4)" heading="Extremely low income.">“Extremely low income” means a household income below 30% AMI.</para>
      <para num="(5)" heading="High-performance.">“High-performance” means a high-performance building as defined in &lt;cite data-doc="Md. Code" data-path="gtp|9-242"&gt;State Tax-Property Article § 9-242 &lt;/cite&gt;{“High performance buildings”}.</para>
      <para num="(6)" heading="Low income.">“Low income” means a household income at or below 60% AMI.</para>
      <para num="(7)" heading="Market-rate rental housing project.">“Market-rate rental housing project” means a multi-family dwelling:<para num="(i)">that contains 20 or more rental units; and</para>
        <para num="(ii)">in which none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level, except to the extent specifically required by City Code &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt;.</para>
      </para>
      <para num="(8)" heading="Moderate income.">“Moderate income” means a household income at or below 80% AMI.</para>
      <para num="(9)" heading="Newly constructed or converted.">“Newly constructed or converted” means a high-performance market-rate rental housing project:<para num="(i)">that is either:<para num="(A)">newly constructed on a vacant lot, cleared site, or parking lot;</para>
          <para num="(B)">converted from a non-residential use; or</para>
          <para num="(C)">a wholly renovated structure; and</para>
        </para>
        <para num="(ii)">for which:<para num="(A)">the cost of the construction or conversion exceeds $60,000 per rental unit; and</para>
          <para num="(B)">a 1st occupancy permit following substantial completion of the construction or conversion is issued after January 1, 2024.</para>
        </para>
      </para>
      <para num="(10)" heading="Very low income.">“Very low income” means a household income at or below 50% AMI.</para>
    </para>
    <para num="(b)" heading="Program goal.">The goal of this program is to facilitate those inclusionary housing requirements established under &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code.</para>
    <para num="(c)" heading="Credit granted.">
      <para num="(1)" heading="In general.">
        <para num="(i)">In accordance with State Tax - Property Article § 9-242 {“High performance buildings”}, a High-Performance Inclusionary Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects that provide affordable units as required by &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code.</para>
        <para num="(ii)">The tax credit described in subparagraph (i) of this paragraph shall be equal to the actual amount of the difference between the market rate rent and the rental rate for each affordable unit in the months in which that affordable unit was rented.</para>
      </para>
      <para num="(2)" heading="Timing of credit.">The tax credit detailed in paragraph (1) of this subsection commences with the first full year tax bill issued for the property after the Department of Finance has received a complete application for the tax credit and documentation of the actual rent charged in the prior year for the completed project.</para>
      <para num="(3)" heading="Measures.">
        <para num="(i)">The accounting year for the calculation of the difference between the market rate rent and the rent for each affordable unit is January 1 to December 31 of each calendar year.</para>
        <para num="(ii)">All accounting required under this subtitle shall be submitted to the Department of Finance by January 15 following the termination of the previous accounting year.</para>
      </para>
    </para>
    <para num="(d)" heading="Credit.">The amount of the tax credit described under subsection (c)(1) of &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; shall be deducted from the next July property tax bill after verification by the Department of Finance.</para>
    <para num="(e)" heading="Credit limits.">
      <para num="(1)">The tax credit granted under &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; may not, alone or combined with any other credit, exceed the amount of the property tax imposed on the property in any tax year.</para>
      <para num="(2)">The tax credit granted under &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; only applies to the required units outlined in City Code &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B&lt;/cite&gt;.</para>
    </para>
    <para num="(f)" heading="Eligibility requirements.">
      <para num="(1)" heading="In general.">To receive the tax credit, the owner of the high-performance market-rate rental housing project must:<para num="(i)">apply to the Department of Finance for the credit in the form and format required under paragraph (2) of this subsection;</para>
        <para num="(ii)">provide the Department of Finance an accounting of how many rental units are set aside as affordable units;</para>
        <para num="(iii)">demonstrate to the Department of Finance compliance with &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code; and</para>
        <para num="(iv)">demonstrate to the Department of Finance the difference between the market rent that would have been charged for a market rate rental unit and the rent charged for an affordable unit.</para>
      </para>
      <para num="(2)" heading="Application.">
        <para num="(i)">The owner shall:<para num="(A)">submit the application for the tax credit to the Department of Finance in the form and format required by the Department of Finance; and</para>
          <para num="(B)">pay the application fee as set by the Board of Estimates.</para>
        </para>
        <para num="(ii)">If the property is transferred at any time, the new owner shall file an application to continue the credit in the form required by the Department of Finance.</para>
      </para>
    </para>
    <para num="(g)" heading="Ineligibility.">The tax credit granted under &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; does not apply to any project that proposes more than 20% of its units be set aside for renters earning 60% of AMI or below.</para>
    <para num="(h)" heading="Additional requirements.">A tax credit granted under &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; shall:<para num="(1)">be subject to eligibility requirements no less stringent than those applicable to credits authorized under State Tax – Property Article § 9-242 {“High performance buildings”};</para>
      <para num="(2)">before a period of 30 years for each property, starting with the first full year tax bill issued for the property after the Department of Finance has received a complete application for the tax credit and documentation of the actual rent charged in the prior year for the completed project</para>
      <para num="(3)">be fully transferrable to a new owner for the remaining credit period; and</para>
      <para num="(4)">terminate if, during the credit period, the project:<para num="(i)">fails to maintain its high-performance rating; or</para>
        <para num="(ii)">fails to provide the affordable units required by &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code.</para>
      </para>
    </para>
    <para num="(i)" heading="Continuing eligibility.">The property owner shall ensure that, during the credit period, the project for which the credit was granted is:<para num="(1)">in full compliance with the &lt;cite data-path="|codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;;</para>
      <para num="(2)">maintains its high-performance rating; and</para>
      <para num="(3)">continues to provide affordable units as required by &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code.</para>
    </para>
    <para num="(j)" heading="Tax subsidy duplication allowed.">The tax credit authorized by &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; may apply to any property for which any other tax subsidy from the City is being received or has been applied for, whether:<para num="(1)">in the form of a tax credit,</para>
      <para num="(2)">in the form of a payment in lieu of taxes agreement; or</para>
      <para num="(3)">in form of tax increment financing.</para>
    </para>
    <para num="(k)" heading="Administration.">The Director of Finance may:<para num="(1)">subject to &lt;cite data-path="|general|4"&gt;Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out the provisions of &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt;;</para>
      <para num="(2)">settle disputed claims arising in connection with the credit authorized by &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt;; and</para>
      <para num="(3)">delegate powers, duties, or functions in connection with the administration of the credit authorized by &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; to any employee or agency of the City.</para>
    </para>
    <para num="(l)" heading="Annual report.">
      <para num="(1)">Each fiscal year, the estimated amount of all tax credits received by property owners under &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt;:<para num="(i)">shall be reported by the Director of Finance as a tax expenditure; and</para>
        <para num="(ii)">shall be included by the Department of Finance in the City’s budget publications for any subsequent fiscal year with the estimated or actual City property tax revenue.</para>
      </para>
      <para num="(2)">On or before July 1 of each year, the Director of Finance shall submit a report that includes an analysis of the tax credit and its findings to the:<para num="(i)">Board of Estimates;</para>
        <para num="(ii)">Mayor; and</para>
        <para num="(iii)">City Council.</para>
      </para>
      <para num="(3)">Every 2 years the Department of Finance and the Department of Housing and Community Development shall conduct a study and submit a report to the Board of Estimates, Mayor, and City Council that:<para num="(i)">evaluates the impact of the tax credit established by &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt;;</para>
        <para num="(ii)">states a conclusion about whether the program goal established in subsection (b) of &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; is being met; and</para>
        <para num="(iii)">makes recommendations to modify &lt;cite data-path="|28|II|10|10-18.2"&gt;this section&lt;/cite&gt; to better meet the program goal.</para>
      </para>
    </para>
    <para num="(m)">Termination of program.
The Department of Finance may accept applications for the credit for a period of time that is concurrent with the term of the inclusionary housing requirements established by &lt;cite data-path="|13|I|2B"&gt;Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}&lt;/cite&gt; of the City Code.</para>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-19" heading="Urban agricultural property.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following words have the meanings indicated.</para>
      <para num="(2)" heading="Sustainability Office.">“Sustainability Office” means the Baltimore City Office of Sustainability, established by City Code &lt;cite data-path="|1"&gt;Article 1&lt;/cite&gt;, Subtitle 34.</para>
      <para num="(3)" heading="Urban agricultural property.">“Urban agricultural property” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-253"&gt;State Tax-Property Article, § 9-253&lt;/cite&gt;.</para>
      <para num="(4)" heading="Urban agricultural purposes.">“Urban agricultural purposes” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-253"&gt;State Tax-Property Article, § 9-253&lt;/cite&gt;.</para>
      <para num="(5)" heading="Value.">“Value” means the amount equal to:<para num="(i)">the gross income that is actually received from sales of plants, plant products, animals, or animal products produced on site; or</para>
        <para num="(ii)">for plants, plant products, animals, or animal products that are distributed free or at less than applicable market prices, the gross income that could reasonably be assumed to be received from their sale at market prices.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-253"&gt;State Tax-Property Article § 9-253, &lt;/cite&gt;a tax credit is granted against the City property tax imposed on qualified urban agricultural properties.</para>
    <para num="(c)" heading="Qualifications for credit.">
      <para num="(1)" heading="In general.">To qualify for the credit granted by this section, a parcel of land:<para num="(i)">must be an urban agricultural property that is being used for urban agricultural purposes;</para>
        <para num="(ii)">may not be used for any other purpose that would subject the parcel to property tax liability;</para>
        <para num="(iii)">must be maintained in full compliance with the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;; and</para>
        <para num="(iv)">unless a waiver is granted under paragraph (3) of this subsection, must produce and either sell or otherwise distribute each tax year plants, plant products, animals, or animal products with an aggregate value of $5,000 or more.</para>
      </para>
      <para num="(2)" heading="Documentation of product value.">The Sustainability Office may require an owner to verify values by providing copies of sales receipts or invoices and, if relevant, evidence of current market rates.</para>
      <para num="(3)" heading="Waiver of value requirement.">
        <para num="(i)">The Sustainability Office may grant a waiver to the value requirement if, in the tax year for which the credit is being sought, the agricultural use of the property:<para num="(A)">is newly established; or</para>
          <para num="(B)">has suffered an unexpected disaster, such as drought, vandalism, or infestation</para>
        </para>
        <para num="(ii)">A waiver may not be granted under this paragraph for more than 2 consecutive tax years.</para>
      </para>
    </para>
    <para num="(d)" heading="Amount of credit.">The amount of the credit granted under this section is equal to:<para num="(1)">the amount of property tax that would otherwise be due on the property, less</para>
      <para num="(2)">the amount of any other credit applicable to the property in that tax year, multiplied by</para>
      <para num="(3)">90%.</para>
    </para>
    <para num="(e)" heading="Application and certification.">
      <para num="(1)">A property owner seeking to obtain and annually maintain a credit under this section must:<para num="(i)">at least 90 days before the 1&lt;sup&gt;st&lt;/sup&gt; tax year for which the credit is sought, file an application for the credit with the Sustainability Office; and</para>
        <para num="(ii)">at least 90 days before each subsequent tax year during the term of the credit, file with the Sustainability Office a certification that the property continues to be used for urban agricultural purposes and to meet all other qualification for the credit.</para>
      </para>
      <para num="(2)">The application and certification must be in the form and contain the information that the Sustainability Office requires.</para>
    </para>
    <para num="(f)" heading="Term of credit.">
      <para num="(1)">The term of the credit is 5 tax years, unless renewed.</para>
      <para num="(2)">On application made no later than 90 days before expiration of the 5-year term, a property owner may apply to  renew the credit for another 5 tax years.</para>
    </para>
    <para num="(g)" heading="Continuous agricultural use required.">
      <para num="(1)" heading="In general.">If, at any time during the initial 5-year term of the credit or during a 5-year renewal term, the property ceases to be used for urban agricultural purposes:<para num="(i)">the credit granted to the property is terminated; and</para>
        <para num="(ii)">the owner of the property is liable for:<para num="(A)">all property taxes that would have been due during that 5-year term if the credit had not been granted, plus</para>
          <para num="(B)">a surcharge at the rate of 1% for each month or fraction of a month accounting from the dates that those taxes would have become due had the credit never been granted through the date on which the taxes first became due by application of this subsection,</para>
        </para>
      </para>
      <para num="(2)" heading="Good-cause waiver of interest and penalties.">
        <para num="(i)">A property owner may apply to the Director of Finance for a waiver of all or part of the surcharge imposed under paragraph (1) of this subsection.</para>
        <para num="(ii)">The property owner has the burden to demonstrate that:<para num="(A)">the cessation of the property’s use for urban agricultural purposes was the result of circumstances beyond the owner’s control; and</para>
          <para num="(B)">the owner otherwise meets the requisite criteria for a waiver, as established in the rules and regulations adopted under subsection (h)(1)(ii) of this section.</para>
        </para>
        <para num="(iii)">The Director of Finance shall consult with the Sustainability Office before denying or granting the application for a waiver, in whole or in part.</para>
      </para>
    </para>
    <para num="(h)" heading="Administration.">The Director of Finance, after consultation with the Sustainability Office:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including:<para num="(i)">the procedures, forms, and documentation required to apply for the credit and to periodically evidence continuing eligibility for the credit; and</para>
        <para num="(ii)">the procedures and governing criteria for obtaining a surcharge waiver under subsection (g)(2) of this section;</para>
      </para>
      <para num="(2)">may settle disputed claims that might arise in connection with the credit; and</para>
      <para num="(3)">may delegate to any other City agency or employee the powers, duties, or functions in connection with the administration of the credit.</para>
    </para>
    <para num="(i)" heading="Analyses and report on costs and benefits.">The Sustainability Office, after consultation with the Director of Finance, must analyze the public costs and benefits of the credits granted under this section and annually report its findings to the Board of Estimates and the City Council.</para>
    <annotation type="History">Ord. 15-350</annotation>
    <annotation type="History">Ord. 15-427</annotation>
    <annotation type="History">Ord. 16-503</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 22-124</annotation>
    <annotation type="History">Ord. 22-125</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 and reflect 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>
    <annotation type="Editor's Notes">This section was enacted by Ordinance 15-350, effective June 7, 2015.  Section 3 of that Ordinance calls for future evaluation of the credit’s effectiveness, as follows: “[A]fter the 3rd tax year for which a tax credit is authorized  under this Ordinance, the Mayor and City Council must evaluate the effectiveness of the credit in promoting the use of property for urban agricultural purposes.”</annotation>
  </section>
  <section prefix="§" num="10-20" heading="City Supplement to Homeowners’ Tax Credit Program.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Combined income.">“Combined income” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104(a)(3)&lt;/cite&gt;.</para>
      <para num="(3)" heading="Dwelling.">“Dwelling” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104(a)(6)&lt;/cite&gt;.</para>
      <para num="(4)" heading="Homeowner.">“Homeowner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104(a)(9)&lt;/cite&gt;.</para>
      <para num="(5)" heading="State Homeowners’ Tax Credit Program.">“State Homeowners’ Tax Credit Program” means the Homeowners’ Property Tax Credit Program established by &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104&lt;/cite&gt;.</para>
      <para num="(6)" heading="Total real property tax.">“Total real property tax” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104(a)(13)&lt;/cite&gt;.</para>
    </para>
    <para num="(b)" heading="Supplement granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-215"&gt;State Tax-Property Article § 9-215, &lt;/cite&gt;a City supplement to the State Homeowners’ Tax Credit Program is granted for eligible dwellings.</para>
    <para num="(c)" heading="Eligibility requirements.">A dwelling is eligible for the City supplemental tax credit if:<para num="(1)">the dwelling is eligible for participation in the State Homeowners’ Tax Credit Program; and</para>
      <para num="(2)">as of the end of the calendar year immediately preceding the taxable year for which the supplemental credit is sought, the dwelling’s homeowner:<para num="(i)">is at least 62 years old;</para>
        <para num="(ii)">has resided in the dwelling for at least 10 years; and</para>
        <para num="(iii)">has a combined income of less than $40,000.</para>
      </para>
    </para>
    <para num="(d)" heading="Amount of supplemental credit.">The City supplemental tax credit for an eligible dwelling is the total real property tax on the dwelling, less:<para num="(1)">the property tax credit granted for the dwelling under &lt;cite data-doc="Md. Code" data-path="gtp|9-104"&gt;State Tax-Property Article § 9-104&lt;/cite&gt;; and</para>
      <para num="(2)">the aggregate of the following percentages of the homeowner’s combined income:<para num="(i)">0% of the 1&lt;sup&gt;st&lt;/sup&gt; $12,000 of combined income;</para>
        <para num="(ii)">3% of the next $4,000 of combined income;</para>
        <para num="(iii)">7% of the next $4,000 of combined income; and</para>
        <para num="(iv)">9% of combined income over $20,000.</para>
      </para>
    </para>
    <annotation type="History">Ord. 16-497</annotation>
  </section>
  <section prefix="§" num="10-21" heading="Public safety officers.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Dwelling.">“Dwelling” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}.</para>
      <para num="(3)" heading="Finance Director.">“Finance Director” means the Director of the City Department of Finance or that Director’s designee.</para>
      <para num="(4)" heading="Homeowner.">“Homeowner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}.</para>
      <para num="(5)" heading="Homestead dwelling.">“Homestead dwelling” means a dwelling that is:<para num="(i)">located in Baltimore City;</para>
        <para num="(ii)">owned by and used as the principal residence of a public safety officer; and</para>
        <para num="(iii)">otherwise eligible for the tax credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105&lt;/cite&gt;{“Homestead tax credit”}.</para>
      </para>
      <para num="(6)" heading="Public safety officer.">“Public safety officer” means a firefighter, an emergency medical technician, or a law enforcement officer who is a sworn member of and employed full time by:<para num="(i)">the Baltimore City Fire Department;</para>
        <para num="(ii)">the Baltimore City Police Department;</para>
        <para num="(iii)">the Baltimore City Sheriff’s Office; or</para>
        <para num="(iv)">the Baltimore City Public School System.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-property Article § 9-304(i)&lt;/cite&gt;, a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a public safety officer.</para>
    <para num="(c)" heading="Amount of credit.">In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of:<para num="(1)">$2,500; and</para>
      <para num="(2)">the amount of the property tax imposed on the dwelling.</para>
    </para>
    <para num="(d)" heading="Limitation on other credits.">In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except:<para num="(1)">the local portion of the credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}; and</para>
      <para num="(2)">the credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-221"&gt;State Tax-Property Article § 9-221 &lt;/cite&gt;{“Offsetting income tax rates”}.</para>
    </para>
    <para num="(e)" heading="Application and annual verification.">
      <para num="(1)">A public safety officer seeking to obtain and annually maintain a credit under this section must:<para num="(i)">at least 90 days before the 1&lt;sup&gt;st&lt;/sup&gt; tax year for which the credit is sought, file with the Finance Director an application for the credit; and</para>
        <para num="(ii)">at least 90 days before each subsequent tax year, file with the Finance Director a verification that:<para num="(A)">the homeowner continues to serve as a public safety officer; and</para>
          <para num="(B)">the property continues to be:<para num="1.">used as the public safety officer’s principal residence; and</para>
            <para num="2.">otherwise eligible for the tax credit authorized by this section.</para>
          </para>
        </para>
      </para>
      <para num="(2)">The application and annual verification  must be in the form and contain the information that the Finance Director requires.</para>
    </para>
    <para num="(f)" heading="Term of credit.">
      <para num="(1)">The credit granted under this section continues from tax year to tax year, subject to:<para num="(i)">compliance with the annual verification requirements of subsection (e) of this section; and</para>
        <para num="(ii)">termination under paragraph (2) of this subsection.</para>
      </para>
      <para num="(2)">If, at any time during a tax year, the homeowner ceases to serve as a public safety officer:<para num="(i)">the tax credit granted under this section for that tax year is terminated; and</para>
        <para num="(ii)">the homeowner is liable for all property taxes that would have been due for that tax year had the credit not been granted, payable as provided in the rules and regulations adopted under this section.</para>
      </para>
    </para>
    <para num="(g)" heading="Administration.">The Finance Director:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit;</para>
      <para num="(2)">in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section;</para>
      <para num="(3)">may settle disputed claims arising in connection with the credit authorized by this section;</para>
      <para num="(4)">must prepare an annual written report to the Mayor and City Council detailing the number of public safety officers from each agency who have utilized the tax credit in the preceding year; and</para>
      <para num="(5)">may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section.</para>
    </para>
    <para num="(h)" heading="Criminal penalties.">Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense.</para>
    <para num="(i)" heading="Termination of program.">Applications for this credit may not be accepted after June 30, 2028.</para>
    <annotation type="History">Ord. 17-074</annotation>
    <annotation type="History">Ord. 18-209</annotation>
    <annotation type="History">Text Conformed 02/25/21</annotation>
    <annotation type="History">Ord. 22-124</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 and reflect 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="10-22" heading="9-1-1 specialists.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="9-1-1 specialist.">“9-1-1 specialist” means a Baltimore City employee of a public safety answering point whose duties and responsibilities include:<para num="(i)">receiving and processing 9-1-1 requests for emergency assistance;</para>
        <para num="(ii)">other support functions directly related to 9-1-1 requests for emergency assistance; or</para>
        <para num="(iii)">dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.</para>
      </para>
      <para num="(3)" heading="Dwelling.">“Dwelling” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}.</para>
      <para num="(4)" heading="Finance Director.">“Finance Director” means the Director of the City Department of Finance or that Director’s designee.</para>
      <para num="(5)" heading="Homeowner.">“Homeowner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}.</para>
      <para num="(6)" heading="Homestead dwelling.">“Homestead dwelling” means a dwelling that is :<para num="(i)">located in Baltimore City;</para>
        <para num="(ii)">owned by and used as the principal residence of a 9-1-1 specialist; and</para>
        <para num="(iii)">otherwise eligible for the tax credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105  &lt;/cite&gt;{“Homestead tax credit”}.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-262"&gt;State Tax-Property Article § 9-262, &lt;/cite&gt;a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a 9-1-1 specialist.</para>
    <para num="(c)" heading="Amount of credit.">In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of:<para num="(1)">$2,500; and</para>
      <para num="(2)">the amount of the property tax imposed on the dwelling.</para>
    </para>
    <para num="(d)" heading="Limitation on other credits.">In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except:<para num="(1)">the local portion of the credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}; and</para>
      <para num="(2)">the credit authorized by § 9-221 {“Offsetting income tax rates”}.</para>
    </para>
    <para num="(e)" heading="Application and annual verification.">
      <para num="(1)">A 9-1-1 specialist seeking to obtain and annually maintain a credit under this section must:<para num="(i)">at least 90 days before the 1&lt;sup&gt;st&lt;/sup&gt; tax year for which the credit is sought, file with the Finance Director an application for the credit; and</para>
        <para num="(ii)">at least 90 days before each subsequent tax year, file with the Finance Director a verification that:<para num="(A)">the homeowner continues to serve as a 9-1-1 specialist; and</para>
          <para num="(B)">the property continues to be:<para num="1.">used as the 9-1-1 specialist’s principal residence; and</para>
            <para num="2.">otherwise eligible for the tax credit authorized by this section.</para>
          </para>
        </para>
      </para>
      <para num="(2)">The application and annual verification  must be in the form and contain the information that the Finance Director requires.</para>
    </para>
    <para num="(f)" heading="Term of credit.">
      <para num="(1)">The credit granted under this section continues from tax year to tax year, subject to:<para num="(i)">compliance with the annual verification requirements of subsection (e) of this section; and</para>
        <para num="(ii)">termination under paragraph (2) of this subsection.</para>
      </para>
      <para num="(2)">If, at any time during a tax year, the homeowner ceases to serve as a 9-1-1 specialist:<para num="(i)">the tax credit granted under this section for that tax year is terminated; and</para>
        <para num="(ii)">the homeowner is liable for all property taxes that would have been due for that tax year had the credit not been granted, payable as provided in the rules and regulations adopted under this section.</para>
      </para>
    </para>
    <para num="(g)" heading="Administration.">The Finance Director:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit;</para>
      <para num="(2)">in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section;</para>
      <para num="(3)">may settle disputed claims arising in connection with the credit authorized by this section;</para>
      <para num="(4)">must prepare an annual written report to the Mayor and City Council detailing the number of 9-1-1 specialists who have utilized the tax credit in the preceding year; and</para>
      <para num="(5)">may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section.</para>
    </para>
    <para num="(h)" heading="Criminal penalties.">Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense.</para>
    <para num="(i)" heading="Termination of program.">Applications for this credit may not be accepted after June 30, 2029.</para>
    <annotation type="History">Ord. 19-298</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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>
    <annotation type="Editor's Notes">This section was enacted by Ordinance 19-298 on September 30, 2019.  Per Section 3 of Ord. 19-298, the Ordinance became effective when enacted, “applicable for all taxable years beginning on or after July 1, 2019”.</annotation>
  </section>
  <section prefix="§" num="10-23" heading="Low-income employees.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)">Dwelling.
“Dwelling” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead Tax Credit”}.</para>
      <para num="(3)" heading="Finance Director.">“Finance Director” means the Director of the City Department of Finance or the Director’s designee.</para>
      <para num="(4)" heading="Homeowner.">“Homeowner” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead Tax Credit”}.</para>
      <para num="(5)" heading="Homestead dwelling.">“Homestead dwelling” means a dwelling that is:<para num="(i)">located in Baltimore City;</para>
        <para num="(ii)">owned by and used as the principal residence of a low-income employee; and</para>
        <para num="(iii)">otherwise eligible for the tax credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead Tax Credit”}.</para>
      </para>
      <para num="(6)" heading="Low-income employee.">“Low-income employee” means an individual who:<para num="(i)">is employed full-time by the City of Baltimore;</para>
        <para num="(ii)">is among the 25% lowest-paid, full-time Baltimore City employees; and</para>
        <para num="(iii)">owns a dwelling located in Baltimore City.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(k), &lt;/cite&gt;a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a low-income employee.</para>
    <para num="(c)" heading="Amount of credit.">In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of:<para num="(1)">$2,500; and</para>
      <para num="(2)">the amount of the property tax imposed on the building.</para>
    </para>
    <para num="(d)" heading="Limitation on other credits.">In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except:<para num="(1)">the local portion of the credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-105"&gt;State Tax-Property Article § 9-105 &lt;/cite&gt;{“Homestead tax credit”}; and</para>
      <para num="(2)">the credit authorized by &lt;cite data-doc="Md. Code" data-path="gtp|9-221"&gt;State Tax-Property Article § 9-221 &lt;/cite&gt;{“Offsetting income tax rates”}.</para>
    </para>
    <para num="(e)" heading="Income eligibility determination.">
      <para num="(1)">To determine whether an individual qualifies as a low-income employee as defined by this section, the Finance Department, in consultation with the Department of Human Resources, shall use an individual’s annual rate of pay for the calendar year most recently completed prior to the tax year for which the credit is sought.</para>
      <para num="(2)">The Finance Department shall notify employees that their income may qualify them for the tax credit authorized by this subtitle no later than January 30 of the tax year.</para>
    </para>
    <para num="(f)" heading="Additional eligibility requirements.">In addition to meeting the other requirements provided in this section, to be eligible for a tax credit under this section, the low-income employee must, as of the March 31 of the calendar year in which the application is filed:<para num="(1)">have been continuously employed with the City for the preceding 9 months;</para>
      <para num="(2)">have worked a minimum of 1,125 hours during that time; and</para>
      <para num="(3)">have been classified as a regular, full-time employee by the Department of Human Resources.</para>
    </para>
    <para num="(g)" heading="Application and annual verification.">
      <para num="(1)">A low-income employee seeking to obtain and annually maintain a credit under this section must file with the Finance Director an application for the credit.</para>
      <para num="(2)">The application must be filed with the Finance Director on or after February 1 preceding the tax year for which the credit is sought but no later than March 31 of that tax year.</para>
      <para num="(3)">The application must be in the form and contain the information that the Finance Director requires and shall include a verification that:<para num="(i)">the homeowner is a regular, full-time City employee; and</para>
        <para num="(ii)">the property is:<para num="(A)">used as the low-income employee’s principal residence; and</para>
          <para num="(B)">otherwise eligible for the tax credit authorized by this section.</para>
        </para>
      </para>
    </para>
    <para num="(h)" heading="Term of credit.">The credit granted under this section continues from tax year to tax year, subject to compliance with the annual verification requirements of subsection (g) of this section.</para>
    <para num="(i)" heading="Administration.">The Finance Director:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit;</para>
      <para num="(2)">may, in those rules and regulations, define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section;</para>
      <para num="(3)">may settle disputed claims arising in connection with the credit authorized by this section;</para>
      <para num="(4)">must prepare an annual written report to the Mayor and City Council detailing the number of low-income employees from each agency who have utilized the tax credit in the preceding year; and</para>
      <para num="(5)">may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section.</para>
    </para>
    <para num="(j)" heading="Criminal penalties.">Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense.</para>
    <para num="(k)" heading="Termination of program.">Applications for this credit may not be accepted after June 30, 2030.</para>
    <annotation type="History">Ord. 20-348</annotation>
    <annotation type="History">Text Conformed 02/25/21</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 and reflect 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>
    <annotation type="Editor's Notes">This section was enacted by Ordinance 20-348, effective January 1, 2021.</annotation>
  </section>
  <section prefix="§§" num="10-24 to 10-29" reserved="true" />
  <section prefix="§" num="10-30" heading="Food Desert Incentive Areas (Personal Property Tax Credit).">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Finance Director.">“Finance Director” means the Director of the City Department of Finance or that Director’s designee.</para>
      <para num="(3)" heading="Food desert.">“Food desert” means an area in which:<para num="(i)">the distance to a supermarket is more than ¼ mile;</para>
        <para num="(ii)">the median household income is at or below 185% of the Federal Poverty Level, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey;</para>
        <para num="(iii)">over 30% of households have no vehicle available, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey; and</para>
        <para num="(iv)">the Healthy Food Availability Index average score of all food stores is low, as measured by the Johns Hopkins Center for a Liveable Future.</para>
      </para>
      <para num="(4)" heading="Food Desert Incentive Area.">“Food Desert Incentive Area” means any area:<para num="(i)">that is a food desert;</para>
        <para num="(ii)">that is within ¼ mile of a food desert; or</para>
        <para num="(iii)">that would be a food desert but for the presence of a qualified supermarket.</para>
      </para>
      <para num="(5)" heading="Personal property.">“Personal property” means any personal property that is subject to the City’s tax on personal property.</para>
      <para num="(6)" heading="Qualified supermarket.">“Qualified supermarket’ means a supermarket that has been newly constructed or newly substantially renovated to meet the qualifications imposed by this subtitle.</para>
      <para num="(7)" heading="Supermarket.">“Supermarket” means a grocery store that has:<para num="(i)">all major food departments, including produce, meat, seafood, dairy, and canned and packaged goods;</para>
        <para num="(ii)">more than 50% of total sales derived from food sales; and</para>
        <para num="(iii)">more than 50% of total floor space dedicated to food sales.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-304"&gt;State Tax-Property Article § 9-304(h), &lt;/cite&gt;a tax credit is granted against the City personal property tax imposed on qualified supermarkets.</para>
    <para num="(c)" heading="Qualifications for credit.">To qualify for the credit granted by this section, a qualified supermarket must:<para num="(1)">be located in a Food Desert Incentive Area;</para>
      <para num="(2)">have at least 500 square feet of total floor space dedicated to the sale of fruits and vegetables;</para>
      <para num="(3)">have at least 500 square feet of total floor space dedicated to the sale of other perishable goods, including meat, seafood, and dairy products; and</para>
      <para num="(4)">have expended on new personal property:<para num="(i)">for a newly constructed supermarket, an amount equal to the greater of:<para num="(i)">$150,000; or</para>
          <para num="(ii)">$25 per square foot of total floor space; or</para>
        </para>
        <para num="(ii)">for a newly substantially renovated supermarket, an amount based on the supermarket’s total floor space, as follows:

                &lt;table&gt;
                  &lt;thead&gt;
                    &lt;tr&gt;
                      &lt;th&gt;Total Floor Space&lt;/th&gt;
                      &lt;th&gt;Expenditure Required&lt;/th&gt;
                    &lt;/tr&gt;
                  &lt;/thead&gt;
                  &lt;tbody&gt;
                    &lt;tr&gt;
                      &lt;td&gt;20,000 sq. ft. or less&lt;/td&gt;
                      &lt;td&gt;$5 per square foot&lt;/td&gt;
                    &lt;/tr&gt;
                    &lt;tr&gt;
                      &lt;td&gt;More than 20,000 sq. ft. up to 45,000 sq. ft.&lt;/td&gt;
                      &lt;td&gt;$8 per square foot&lt;/td&gt;
                    &lt;/tr&gt;
                    &lt;tr&gt;
                      &lt;td&gt;More than 45,000 sq. ft.&lt;/td&gt;
                      &lt;td&gt;$10 per square foot&lt;/td&gt;
                    &lt;/tr&gt;
                  &lt;/tbody&gt;
                &lt;/table&gt;
              </para>
      </para>
    </para>
    <para num="(d)" heading="Amount of credit.">The amount of the credit granted under this section is equal to:<para num="(1)">the amount of personal property tax that would otherwise be due in the current tax year on the supermarket’s personal property, less</para>
      <para num="(2)">the amount of any other credit applicable in the current tax year to the personal property, multiplied by</para>
      <para num="(3)">80%.</para>
    </para>
    <para num="(e)" heading="Application.">The owner of the personal property for which a credit under this section is being sought must file an application with the Finance Director at least 90 days before the 1&lt;sup&gt;st&lt;/sup&gt; tax year for which the credit is sought.</para>
    <para num="(f)" heading="Term of credit.">The term of the credit is 10 tax years.</para>
    <para num="(g)" heading="Continuing eligibility.">The owner of the personal property for which a credit has been granted under this section shall ensure that, throughout the credit period, the supermarket:<para num="(1)">continues to operate as a supermarket; and</para>
      <para num="(2)">is maintained in full compliance with:<para num="(i)">the City Health Article; and</para>
        <para num="(ii)">the &lt;cite data-path="|building-codes"&gt;City Building, Fire, and Related Codes Article&lt;/cite&gt;.</para>
      </para>
    </para>
    <para num="(h)" heading="Administration.">The Finance Director, after consultation with the Baltimore Development Corporation:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically evidence continuing eligibility for the credit;</para>
      <para num="(2)">in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section;</para>
      <para num="(3)">may settle disputed claims arising in connection with the credit authorized by this section; and</para>
      <para num="(4)">may delegate to any other City agency or to the Baltimore Development Corporation any of her or his ministerial powers, duties, or functions in connection with the administration of the credit authorized by this section.</para>
    </para>
    <annotation type="History">Ord. 15-434</annotation>
    <annotation type="History">Ord. 16-503</annotation>
    <annotation type="History">Ord. 18-151</annotation>
    <annotation type="History">Text Conformed 02/19/21</annotation>
    <annotation type="History">Ord. 22-125</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 and reflect 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="10-31" heading="Energy Conservation Devices (Real Property Tax Credit).">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Dwelling.">
        <para num="(i)" heading="In general.">“Dwelling” means a house that is:<para num="(A)">used as the principal residence of the homeowner; and</para>
          <para num="(B)">actually occupied or expected to be occupied by the homeowner for more than 6 months of a 12-month period beginning with the date of finality for the taxable year for which the property tax credit under this section is sought.</para>
        </para>
        <para num="(ii)" heading="Inclusions.">“Dwelling” includes:<para num="(A)">a condominium unit that is occupied by an individual who has legal interest in the condominium;</para>
          <para num="(B)">an apartment in a cooperative apartment corporation that is occupied by an individual who has legal interest in the apartment; and</para>
          <para num="(C)">a part of real property used other than primarily for residential purposes, if the real property is used as a principal residence by an individual who has a legal interest in the real property.</para>
        </para>
        <para num="(iii)" heading="Exclusions.">“Dwelling” does not include the lot or curtilage on which the house, condominium, apartment, or other improvement is erected.</para>
      </para>
      <para num="(3)" heading="Eligible costs.">“Eligible costs” means reasonable costs incurred:<para num="(i)">within the 12 months before the initial application for the credit;</para>
        <para num="(ii)">for the purchase or lease of a solar energy device or geothermal energy device, including any part, component, or accessory equipment necessary to operate the device; and</para>
        <para num="(iii)">associated with installation of the solar energy device or the geothermal energy device.</para>
      </para>
      <para num="(4)" heading="Geothermal energy device.">“Geothermal energy device” means an energy conserving device that:<para num="(i)">uses geothermal energy to heat or cool a structure or to provide hot water for use in the structure; and</para>
        <para num="(ii)">meets national safety and performance standards set by a nationally recognized testing laboratory for that type of device.</para>
      </para>
      <para num="(5)" heading="House.">“House” means a structure that has been adapted for overnight accommodation of an individual.</para>
      <para num="(6)" heading="Principal residence.">“Principal residence” means the one dwelling where an individual regularly resides and is the location designated by the individual for the legal purpose of voting, obtaining a driver’s license, and filing income tax returns.</para>
      <para num="(7)" heading="Solar energy device.">“Solar energy device” means an energy conserving device that:<para num="(i)">uses solar energy  to heat or cool a structure, to generate electricity to be used in the structure, or to provide hot water for use in the structure; and</para>
        <para num="(ii)">meets national safety and performance standards set by a nationally recognized testing laboratory for that type of device.</para>
      </para>
    </para>
    <para num="(b)" heading="Credit granted.">
      <para num="(1)" heading="In general.">In accordance with &lt;cite data-doc="Md. Code" data-path="gtp|9-203"&gt;State Tax-Property Article § 9-203, &lt;/cite&gt;a tax credit is granted against the City portion of real property tax on a dwelling to which a solar energy device or geothermal energy device is installed and in use.</para>
      <para num="(2)" heading="Limitation.">The City may not grant more than 1 tax credit for each dwelling.</para>
    </para>
    <para num="(c)" heading="Qualifications.">The owner of a dwelling that uses a solar energy device or geothermal energy device may qualify for the tax credit authorized by this section by:<para num="(1)">filing a state income tax return as a resident of Baltimore City for each taxable year for which the credit is sought;</para>
      <para num="(2)">filing an application for the credit with the Director of the Department of Finance; and</para>
      <para num="(3)">satisfying all other conditions imposed by the regulations of the Director of the Department of Finance.</para>
    </para>
    <para num="(d)" heading="Amount of credit.">The credit against the City portion of real property tax on a dwelling under this section is the lesser of:<para num="(1)">50% of the eligible costs up to a maximum of $5,000; or</para>
      <para num="(2)">50% of the eligible costs up to a maximum of $1,500 for either a solar energy device or geothermal energy device installed exclusively to provide hot water for use in the dwelling.</para>
    </para>
    <para num="(e)" heading="Credit not to exceed property tax.">The amount of a credit applied in a tax year may not exceed the amount of City real property tax imposed on the dwelling in that tax year.</para>
    <para num="(f)" heading="Tax credit period.">The tax credit granted under this section applies in the taxable year immediately following the submission of an application.</para>
    <para num="(g)" heading="Transfer of credit.">The tax credit granted under this section is transferable to a subsequent owner if:<para num="(1)">the transfer is within the 1-year credit eligibility period; and</para>
      <para num="(2)">the solar energy device or geothermal energy device remains in use in the dwelling.</para>
    </para>
    <para num="(h)" heading="Application.">The application must be in the form and contain the information that the Director of the Department of Finance requires.</para>
    <para num="(i)" heading="Administration.">The Director of the Department of Finance or the Director’s designee:<para num="(1)">shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section; and</para>
      <para num="(2)">may settle disputed claims arising in connection with the credit authorized by this section.</para>
    </para>
    <para num="(j)" heading="Reporting credits.">The estimated amount of all tax credits received by owners under this section in any fiscal year shall be:<para num="(1)">reported by the Director of the Department of Finance as a “tax expenditure” for that fiscal year; and</para>
      <para num="(2)">included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year.</para>
    </para>
    <para num="(k)" heading="Annual report.">The Director of the Department of Finance or the Director’s designee must report annually to the Board of Estimates and to the Mayor and City Council any results and findings of any analysis of the tax credit, including the steps taken and proposed to be taken to promote and further the use of the tax credit program.</para>
    <para num="(l)" heading="Termination of tax credit.">The Department of Finance may not accept applications for the tax credit granted under this section after June 30, 2028.</para>
    <annotation type="History">Ord. 22-162</annotation>
    <annotation type="History">Ord. 23-228</annotation>
  </section>
</baltimore-city-law>
