<?xml version='1.0' encoding='utf-8'?>
<section article="ghs" article_name="Housing and Community Development" number="2-203" title_number="2" title_name="Department of Housing and Community Development" subtitle_number="2" subtitle_name="Governmental Units in Department">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Affordable housing” means residential property that is rented or sold to the public as low–income housing or workforce housing.</text>
    </level>
    <level label="3">
      <text>“Area median income” has the meaning stated in § 4–1801 of this article.</text>
    </level>
    <level label="4">
      <text>“Low–income housing” means housing that is affordable for a household with an aggregate annual income that is below 60% of the area median income.</text>
    </level>
    <level label="5">
      <text>“Workforce housing” has the meaning stated in § 4–1801 of this article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>Not later than 60 days after the notice provided under § 5–310(d) of the State Finance and Procurement Article, the Department shall, in consultation with the unit of State government that controls the property, determine if the property is suitable for use or redevelopment as affordable housing.</text>
      </level>
      <level label="ii">
        <text>The Department may not identify a property as suitable for use or redevelopment as affordable housing if the property:</text>
        <level label="1">
          <text>is located outside an area designated as a priority funding area under Title 5, Subtitle 7B of the State Finance and Procurement Article; or</text>
        </level>
        <level label="2">
          <text>belongs in a category of property listed in § 5–310(c)(1)(i) of the State Finance and Procurement Article.</text>
        </level>
      </level>
      <level label="iii">
        <text>When determining if a property is suitable for use or redevelopment as affordable housing, the Department shall consider whether the property:</text>
        <level label="1">
          <text>is adequately sized for any type of residential use;</text>
        </level>
        <level label="2">
          <text>has access to public utilities;</text>
        </level>
        <level label="3">
          <text>has access to feasible ingress and egress points; and</text>
        </level>
        <level label="4">
          <text>meets any other factors determined by the Department that are necessary for the property to be used or redeveloped as affordable housing.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Department shall compile and regularly update a list of properties it has determined are suitable for use or redevelopment as affordable housing.</text>
    </level>
    <level label="3">
      <text>For each property included in the list required under paragraph (2) of this subsection, the Department shall:</text>
      <level label="i">
        <text>give notice of the determination to:</text>
        <level label="1">
          <text>the unit of State government that controls the property; and</text>
        </level>
        <level label="2">
          <text>the State Treasurer; and</text>
        </level>
      </level>
      <level label="ii">
        <text>advise the unit of State government of the requirements of subsection (c) of this section.</text>
      </level>
    </level>
    <level label="4">
      <text>The list required under paragraph (2) of this subsection shall be made available to the public.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>Except as provided in paragraphs (4) and (5) of this subsection, on receipt of the notice required under subsection (b)(3) of this section, the unit of State government shall, in consultation with the Department and the Department of Planning, develop a proposal to donate or sell the listed property by:</text>
        <level label="1">
          <text>donating or selling the property to a nonprofit organization that contracts to use or redevelop the property as affordable housing; or</text>
        </level>
        <level label="2">
          <text>selling the property to a buyer that contracts to use or redevelop the property as affordable housing.</text>
        </level>
      </level>
      <level label="ii">
        <text>If, after reasonable effort, the unit is unable to identify a suitable nonprofit organization or buyer in accordance with subparagraph (i) of this paragraph, the unit shall develop a proposal to sell the property at auction.</text>
      </level>
      <level label="iii">
        <text>A proposal developed under this paragraph shall be submitted to the Board of Public Works for consideration in accordance with § 10–305 of the State Finance and Procurement Article.</text>
      </level>
    </level>
    <level label="2">
      <text>The unit of State government shall consider the proposed period of affordability, the number of affordable housing units created, and the viability of an offer when evaluating offers from multiple nonprofit organizations or buyers under this subsection.</text>
    </level>
    <level label="3">
      <text>When a property is donated or sold in accordance with a proposal developed under this subsection, the unit shall give notice of the disposition to the Department.</text>
    </level>
    <level label="4">
      <text>A unit may not propose to donate or sell a property under this subsection if the donation or sale would:</text>
      <level label="i">
        <text>violate any covenant or applicable federal law; or</text>
      </level>
      <level label="ii">
        <text>in the opinion of the State Treasurer, adversely affect the tax–exempt status of an outstanding State bond, the proceeds of which were allocated to purchase or improve the property.</text>
      </level>
    </level>
    <level label="5">
      <text>Nothing in this subsection shall be construed to supersede the right of a person from whom real property was acquired or their successor in interest to reacquire the property under § 8–309 of the Transportation Article.</text>
    </level>
  </level>
  <level label="d">
    <text>On or before December 31, 2024, and each December 31 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article:</text>
    <level label="1">
      <text>the number of proposals submitted to the Board of Public Works under this section;</text>
    </level>
    <level label="2">
      <text>the number of properties that were donated pursuant to proposals developed under this section; and</text>
    </level>
    <level label="3">
      <text>the number of properties that were sold pursuant to proposals developed under this section.</text>
    </level>
  </level>
</section>
