<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 8-5 Properties exempt from sale.">
  <section prefix="§" num="8-5" heading="Properties exempt from sale.">
    <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="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>
    <para num="(b)" heading="Scope of section.">This section applies to the sale of a dwelling with an assessed value of $250,000 or less.</para>
    <para num="(c)" heading="Sale prohibited.">
      <para num="(1)" heading="In general.">On receipt of an application from an eligible homeowner and subject to the limitation set forth in paragraph (3) of this subsection, the Director of Finance shall withhold the homeowner’s dwelling from tax sale for 1 year.</para>
      <para num="(2)" heading="Eligibility.">A homeowner is eligible to have the homeowner’s dwelling withheld from tax sale under this section if the homeowner:<para num="(i)">has resided in the dwelling for at least 15 years; and</para>
        <para num="(ii)">either:<para num="(A)">has a total annual household income of less than $36,000;</para>
          <para num="(B)">is at least 65 years old and has annual earned income of $75,000 or less; or</para>
          <para num="(C)">is an adult currently receiving disability benefits from the Federal Social Security Disability Insurance program or the Supplemental Security Income program and has annual earned income of $75,000 or less.</para>
        </para>
      </para>
      <para num="(3)" heading="Limitation.">In any tax year, the aggregate tax and lien liability of all homeowners for whom the Director of Finance has withheld their dwellings from tax sale under this section may not exceed $2 million.</para>
      <para num="(4)" heading="Renewal applications.">Subject to the limitation set forth in paragraph (3) of this subsection, a homeowner may submit a renewal application annually to have the homeowner’s dwelling withheld from tax sale for an additional year provided that the homeowner demonstrates continuing eligibility under this section.</para>
    </para>
    <para num="(d)" heading="Application submissions.">A homeowner may submit an application under this section online, in person, or by mail.</para>
    <para num="(e)" 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 shall adopt rules and regulations to carry out this section, including application and supporting documentation procedures.</para>
    <para num="(f)" heading="Annual report.">On or before December 31 of each year, the Director of Finance shall submit a report to the Mayor and City Council:<para num="(1)">the total number of dwellings that were subject to this section;</para>
      <para num="(2)">the total and average amounts of outstanding taxes owed on the dwellings that were subject to this section; and</para>
      <para num="(3)">the number of dwellings that were subject to this section separated by the type of homeowner subject to this section.</para>
    </para>
    <annotation type="History">Ord. 20-427</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">§§ 8-5 and 8-6 of this subtitle were enacted November 2, 2020, by Ordinance 20-427, with an effective date of July 21, 2021.</annotation>
  </section>
</baltimore-city-law>
