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<section article="ghs" article_name="Housing and Community Development" number="12-104" title_number="12" title_name="Provisions of Statewide Applicability" subtitle_number="1" subtitle_name="Definitions; General Provisions">
  <level label="a">
    <text>In this section, “housing authority entity” means an entity:</text>
    <level label="1">
      <text>that is controlled or wholly owned by an authority; or</text>
    </level>
    <level label="2">
      <text>in which an authority or an entity controlled or wholly owned by an authority has an ownership interest, either directly or indirectly, through one or more wholly or partially owned subsidiary entities.</text>
    </level>
  </level>
  <level label="b">
    <text>A nonprofit entity shall be deemed controlled by an authority under subsection (a) of this section if:</text>
    <level label="1">
      <text>the nonprofit entity is established by an authority under § 12–502(h) of this title; and</text>
    </level>
    <level label="2">
      <text>the authority:</text>
      <level label="i">
        <text>has the power to appoint a majority of the board of directors of the nonprofit entity; or</text>
      </level>
      <level label="ii">
        <text>is the sole member of the nonprofit entity.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Affordable housing” means rental housing:</text>
        <level label="1">
          <text>that has been awarded or approved for a credit allowed under § 42 of the Internal Revenue Code and is subject to a covenant under the federal Low–Income Housing Tax Credit program; or</text>
        </level>
        <level label="2">
          <text>approved by the governing body of the political subdivision in which the project is located and for which:</text>
        </level>
        <level label="A">
          <text>at least 50% of the units are reserved for households earning at or below 60% of the area median income for the metropolitan statistical area of the project; and</text>
        </level>
        <level label="B">
          <text>rent is restricted to 30% of gross household income for a family of four at or below 60% of the area median income for the metropolitan statistical area of the project, adjusted to 1.5 individuals for each bedroom in the unit.</text>
        </level>
      </level>
      <level label="iii">
        <text>“Nonprofit housing corporation” means a corporation:</text>
        <level label="1">
          <text>incorporated under the laws of the State or authorized to do business in the State by the State Department of Assessments and Taxation;</text>
        </level>
        <level label="2">
          <text>recognized by the Internal Revenue Service as an organization described in § 501(c)(3) of the Internal Revenue Code; and</text>
        </level>
        <level label="3">
          <text>organized and operated for the primary purpose of developing, owning, or operating safe and sanitary affordable housing.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>This subsection does not apply to:</text>
      <level label="i">
        <text>property in Baltimore City that:</text>
        <level label="1">
          <text>belongs to a nonprofit housing corporation; or</text>
        </level>
        <level label="2">
          <text>is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a nonprofit housing corporation; or</text>
        </level>
      </level>
      <level label="ii">
        <text>a housing project owned by a nonprofit housing corporation or an entity that is controlled or wholly owned by a nonprofit housing corporation that, before July 1, 2026, received a financial contribution, including a loan, a grant, or other direct financial assistance, for the development of the housing project from a political subdivision in which the housing project is located.</text>
      </level>
    </level>
    <level label="3">
      <text>Property is used for essential public and governmental or charitable purposes and is exempt from all taxes and special assessments of the State or a political subdivision if the property:</text>
      <level label="i">
        <text>belongs to an authority or a nonprofit housing corporation;</text>
      </level>
      <level label="ii">
        <text>is used as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity or nonprofit housing corporation; or</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>is used, or if planned or under construction will be used, as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity or nonprofit housing corporation; and</text>
        </level>
        <level label="2">
          <text>has improvements, or has improvements planned or under construction, located on land that is owned by:</text>
        </level>
        <level label="A">
          <text>an authority or a nonprofit housing corporation; or</text>
        </level>
        <level label="B">
          <text>an entity that is controlled or wholly owned by an authority or a nonprofit housing corporation.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>In lieu of those taxes and special assessments, an authority, a nonprofit housing corporation, or a housing authority entity shall pay the political subdivision in which a housing project is wholly or partly located an amount, if any, that may be set by mutual agreement and that does not exceed the amount of regular taxes levied on similar property.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as provided in paragraph (2) or (3) of this subsection:</text>
      <level label="i">
        <text>all real property of an authority is exempt from levy and sale by virtue of an execution;</text>
      </level>
      <level label="ii">
        <text>an execution or other judicial process may not issue against the real property; and</text>
      </level>
      <level label="iii">
        <text>a judgment against an authority is not a charge or lien on the authority’s real property.</text>
      </level>
    </level>
    <level label="2">
      <text>Paragraph (1) of this subsection does not limit a right to foreclose or otherwise enforce:</text>
      <level label="i">
        <text>a mortgage or deed of trust recorded against property of an authority; or</text>
      </level>
      <level label="ii">
        <text>a pledge or lien given by an authority on its rents, fees, or revenues.</text>
      </level>
    </level>
    <level label="3">
      <text>This subsection does not deprive a political subdivision of its right to collect money agreed to be paid in lieu of taxes in the same manner as taxes are now or may be collected under State law and the laws of the political subdivision.</text>
    </level>
  </level>
</section>
