In this title the following words have the meanings indicated. “Commissioner” means a Commissioner of the Montgomery Commission. “Housing project” means an undertaking or project, including lands, buildings and improvements, and real and personal property, that is planned, acquired, owned, used, developed, constructed, reconstructed, rehabilitated, or improved to provide: housing, a substantial part of which is for persons of eligible income; and streets, roads, sewer and water service, and other supporting public or private commercial, educational, cultural, recreational, community, or civic facilities needed for sound community development. “Montgomery Commission” means the Housing Opportunities Commission of Montgomery County. “Person of eligible income” means an individual or family that qualifies under § 16-108 of this subtitle.

Title 12 of this article applies to the Montgomery Commission except where it is inconsistent with this title.

This title applies only to Montgomery County.

The General Assembly finds that: there is unsafe and unsanitary housing in the county and there is a critical shortage of decent, safe, and sanitary housing that persons of eligible income can afford to rent or buy; as a result, persons of eligible income must occupy overcrowded and congested housing or must pay too much of their income for shelter; these conditions cause too much public money to be spent for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; there is a public emergency in the county caused in part by rapidly rising construction costs, operating and maintenance expenses, and the increase in conversions of rental housing to condominiums; the serious problems created by these inflationary conditions and conversions include: a major displacement of large numbers of tenants, including elderly individuals and individuals with disabilities, from their housing; a scarcity of low and moderate income housing on the market as demand for such housing increases; too few rental units available, planned, or under construction to replace the rental units being converted into condominiums; and frustration of general plan concepts of balanced housing mix and adequate housing for all economic segments of the community; the shortage of decent, safe, and sanitary housing cannot be wholly relieved through private enterprise, and therefore building housing for persons of eligible income and spending public money to help get it built or ready for use do not compete with private enterprise; to remedy these conditions, construction and operation of such housing as set forth in this title are valid public purposes and essential government functions for which public money may be spent; and this title is necessary in the public interest.

The Housing Opportunities Commission of Montgomery County, formerly the Housing Authority of Montgomery County, is a public body corporate and politic that: exercises public and essential governmental functions; and has all the powers necessary or convenient to carry out the purposes of this Division II. A committee of the Commission is a public body for the purposes of the Open Meetings Act.

The Montgomery Commission consists of seven Commissioners nominated by the County Executive and approved by the County Council. The County Council shall conduct a public interview with each nominee before voting on whether to approve the nominee’s appointment. The term of a Commissioner is 5 years. Removal of a Commissioner by the County Executive requires the approval of the County Council.

Under the powers given elsewhere in this Division II, the Montgomery Commission may provide housing or housing projects for persons of eligible income, but may do so only in accordance with local law or under a contract with Montgomery County. In accordance with subsection (a) of this section and in addition to the powers listed elsewhere in this Division II or given by local law, the Montgomery Commission may: make mortgage loans and rent subsidy payments to persons of eligible income; make construction loans and long-term mortgage loans to any person to produce housing for persons of eligible income; and purchase mortgages secured by housing for persons of eligible income. Under the powers listed elsewhere in this Division II, the Montgomery Commission may: enter into development agreements as may be necessary or convenient in which: at least 50% of the units are initially occupied by individuals of families whose income individually or as part of a family unit is equal to or less than: 60% of the median income for the statistical area in which the units are located as determined by the federal Office of Management and Budget; or a lesser income that may be determined by the chief elected official or chief elected official’s designee in the jurisdiction in which the property is located; or at least 20% of the units are initially occupied by individuals who are eligible for federal subsidies; and contract to furnish services, consultation, advice, and assistance to other housing authorities or other persons in or outside of the State to assist in developing, managing, renovating, or constructing housing described under item (1) of this subsection.

The Montgomery Commission shall: prepare written minutes of each meeting as soon as practicable after the meeting; and stream live video of the open meetings of the Montgomery Commission.

An individual or family qualifies as a person of eligible income if the individual or family lacks enough income or assets without financial assistance to live in decent, safe, and sanitary housing without overcrowding. The County Executive, or the County Executive’s designee, shall determine whether an individual or family qualifies as a person of eligible income. For elderly individuals, individuals with disabilities, and other individuals or families with special needs, the County Executive or the County Executive’s designee may adjust the requirements for qualifying as a person of eligible income if the County Executive or designee considers that other standards are more appropriate to achieve the public purposes stated in this subtitle. A determination made under this subsection is conclusive of the matters determined. The County Executive may change the definition of “person of eligible income” by issuing a proposed regulation. The regulation shall take effect only after a public hearing held in accordance with procedures established by the County Council.

A substantial part of the housing in a housing project is deemed to be for persons of eligible income if: after financing is provided by the Montgomery Commission, 50% or more of the housing units are occupied first by persons of eligible income; 20% or more of the housing units are for low-income persons who are assisted or who are eligible to be assisted with federal subsidies; or the owners of the housing certify to the Montgomery Commission that they will make their best efforts to meet the standard under item (1) or (2) of this section.

By May 1 each year, the Montgomery Commission shall submit its proposed budget to the County Council. The public shall have an appropriate opportunity to comment on the proposed budget.

On or before November 30 each year, the Montgomery Commission shall issue a financial report for the previous fiscal year based on a certified audit. On or before December 15 each year, the Montgomery Commission shall publish on its website: the financial report issued under subsection (a) of this section; and a full and complete copy of the certified audit report for the previous fiscal year. Subject to paragraph (3) of this subsection, in performing the duties required under paragraph (1) of this subsection, the Montgomery Commission shall publish all information in a public record that relates to a financial report or a certified audit report of which the Montgomery Commission is not specifically required to deny an inspection under the Public Information Act. Paragraph (2) of this subsection may not be construed as a waiver of information that is protected by privilege.

The County Executive and County Council may require an audit of the books of the Montgomery Commission. To perform the audit, the County Executive and County Council may choose: an independent certified public accountant licensed by the State; or a firm of certified public accountants licensed by the State. The Montgomery Commission shall pay for the audit out of its operating budget.

In this section the following words have the meanings indicated. “Payee” means a person that receives from the Montgomery Commission an aggregate payment of at least $25,000 in a single fiscal year. “Payee” does not include: an employee of the Montgomery Commission with respect to the employee’s compensation; or a retiree of the Montgomery Commission with respect to the retiree’s retirement allowance. “Payment data” means, at a minimum, the following information for a particular fiscal year: the name of each payee that received a payment from the Montgomery Commission; the location of the payee by postal zip code; the amount of the payment; and the purpose of the payment. “Searchable website” means a website created in accordance with this section that allows a user to search and display payment data of the Montgomery Commission. On or before December 1, 2021, the Montgomery Commission shall report payment data in accordance with subsection (c) of this section. The Montgomery Commission shall develop and operate a single searchable website accessible to the public at no cost. The searchable website shall allow a user to: search payment data for fiscal year 2020 and each fiscal year thereafter; and search by the following data fields: payee name; and payee zip code. This section may not be construed to require the disclosure of information that is required to be kept confidential under federal, State, or local law.