In this subtitle the following words have the meanings indicated. “Disability” means a physical or mental impairment that substantially limits a major life activity. “Elderly” means an individual that is at least 62 years old. “Family” means an individual or group of individuals eligible for assistance under the State Program. “Family” includes a preference category established under § 4–2906 of this subtitle. “Housing assistance payment” means the monthly assistance payment paid for a family under the State Program. “Housing Choice Voucher Program” means the program established under 24 C.F.R. Part 982. “Live–in aide” means an individual that: meets the requirements under 24 C.F.R. § 5.403; and resides with an elderly or disabled individual who receives assistance under the State Program. “Payment standard” means the maximum monthly housing assistance payment for a family assisted under the State Program. “Public housing agency” means an entity authorized by the U.S. Department of Housing and Urban Development to administer the federal Housing Choice Voucher Program in the State. “Public housing agency” does not include the Department. “State Program” means the Statewide Rental Assistance Voucher Program established under this subtitle. “Voucher” means a document issued by the Department or a public housing agency to a family that is selected to receive assistance under the State Program, which describes the State Program and procedures under the State Program. “Public housing agency” means an entity authorized by the U.S. Department of Housing and Urban Development to administer the federal Housing Choice Voucher Program in the State.

There is a Statewide Rental Assistance Voucher Program in the Department.

The purpose of the State Program is to provide vouchers and housing assistance payments for low–income families that are currently on a waiting list under the federal Housing Choice Voucher Program for housing in units approved by the Department or a public housing agency, in accordance with guidelines under the federal Housing Choice Voucher Program.

In political subdivisions without a local administrator under the federal Housing Choice Voucher Program, the Department shall administer the State Program and issue vouchers and housing assistance payments to assist low–income households that are eligible for but are not currently receiving housing choice vouchers under the federal Housing Choice Voucher Program. In political subdivisions with a public housing agency–administrator under the federal Housing Choice Voucher Program, the public housing agency: shall administer the State Program and issue vouchers and housing assistance payments to assist low–income households that are eligible for but are not currently receiving housing choice vouchers under the federal Housing Choice Voucher Program; and may, subject to subsection (b) of this section, administer the State Program in accordance with the local administrative plan of the public housing agency. The Department may project–base up to 100% of its authorized voucher units if necessary to administer the State Program, including in political subdivisions without a local administrator under the federal Housing Choice Voucher Program. Except as otherwise provided in this subtitle, the State Program shall be administered in accordance with federal guidelines under the federal Housing Choice Voucher Program.

To be eligible for a housing assistance payment under the State Program, a family shall: reside in the State; be on a federal housing choice voucher waiting list; and meet low–income eligibility limits under the federal Housing Choice Voucher Program or income requirements as determined by the public housing agency.

Each public housing agency shall prioritize vouchers and housing assistance payments for families that include: a child who is under the age of 18 years; a foster child who is: at least 18 years old; but under the age of 24 years; a veteran; an individual experiencing homelessness; a disabled individual; or an elderly individual.

When an offer of assistance is made, a family has 30 days to provide documentation to verify their income with the Department or the public housing agency.

The Department or a public housing agency shall calculate payment standards and housing assistance payments under the State Program in accordance with guidelines for the federal Housing Choice Voucher Program. A family assisted under the State Program shall be expected to pay not more than 30% of its monthly adjusted gross income for rent and utilities, as determined by the public housing agency at the time the family initially receives assistance under the State Program, except as otherwise provided in the federal Housing Choice Voucher Program.

Housing assistance payments for a family shall continue for up to 5 years or until a federal housing choice voucher under the federal Housing Choice Voucher Program becomes available, whichever occurs first.

A family may request that the Department or a public housing agency approve a live–in aide to provide necessary supportive services for a family member who is a person with a disability. The Department or a public housing agency shall reasonably modify its policies, procedures, and rules to allow a family that includes a person with a disability to have a live–in aide. The Department or a public housing agency may not include a live–in aide’s income when determining a family’s income eligibility under the State Program.

A public housing agency shall conduct an initial inspection and periodic inspections thereafter of each unit rented using housing assistance payments to ensure the continued compliance with federal housing quality standards under 24 C.F.R. § 982.401 or 24 C.F.R. § 5.703, as applicable. Inspections shall occur on or before the initial lease date and at least biennially thereafter in accordance with the public housing agency’s administrative plan. For a unit located in a building with 3 to 49 units, the property owner shall provide the public housing agency with a certificate of occupancy that has been completed within 1 year. For a unit located in a building with 50 units or more, the property owner shall provide the public housing agency with an inspection certificate.

The Department shall ensure that subsidy standards for unit selection comply with federal guidelines under the Housing Choice Voucher Program, including the mandate to provide for the smallest number of bedrooms needed to house a family without overcrowding.

The Department or a public housing agency may deny assistance under the State Program by: denying a voucher under the State Program; withdrawing a State Program voucher; refusing to enter into a contract for housing assistance payments; or refusing to approve a lease under the State Program. The Department or a public housing agency shall deny assistance under the State Program to sex offenders who are subject to a lifetime registration requirement under a State sex offender registration program. The Department or a public housing agency may deny assistance under the State Program if the Department or a public housing agency finds that any individual residing in a unit rented using assistance from the State Program has been convicted of: a drug–related crime under State law; or a violent crime. If the Department or public housing agency denies assistance under the State Program, the Department or the public housing agency shall promptly provide the applicant with a notice explaining the denial and indicating that the applicant may request an informal review. The Department or a public housing agency may terminate assistance under the State Program by: refusing to enter into a State Program contract; refusing to approve a lease under the State Program; or terminating housing assistance payments under a State Program contract. The Department or a public agency shall terminate assistance under the State Program for: families who were evicted under the State program for serious violations of the lease; families who fail to sign any forms from the Department or a public housing agency indicating consent to obtain information; and sex offenders subject to a lifetime registration requirement under a State sex offender registration program. When determining the denial or termination of assistance under the State Program, the Department may consider all relevant circumstances, including the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure if a family member: violates any obligations under the State Program; has been evicted from federally assisted housing for violent criminal activity that threatened the health, safety, or welfare of other residents within the preceding 3 years; has committed fraud, bribery, or any other corrupt or criminal act in connection with the State Program; owes a financial obligation to the Department or public housing agency in connection with another housing or rental assistance program; breaches a repayment agreement to pay amounts owed to the Department or public housing agency; has engaged in or threatened abusive or violent behavior toward Department or public housing agency employees, the property owner or property management staff, or other residents; or receives assistance under the State Program and is absent from the unit for more than 180 consecutive days. The Department or a public housing agency may prohibit other family members who participated in or were culpable for actions specified under this section from residing in a unit rented using assistance from the State Program. In making the determination under paragraph (1) of this subsection, the Department or a public housing agency may consider: the seriousness of the case; the extent of participation by or culpability of individual family members; mitigating circumstances related to the disability of a family member; and the effects of the prohibition on other family members who were not involved in the action or failure.

A family that receives a voucher under the State Program shall: supply any information to the Department or the public housing agency necessary for the administration of the State Program; notify the Department or the public housing agency before vacating the unit; use the unit only as a principal place of residence; and maintain all utilities that are not paid through the housing assistance payment. A family that receives a voucher under the State Program may not: own the unit that the assistance is provided for; commit fraud in connection with the State Program; sublease or assign the lease or transfer the unit; or allow anyone not on the unit lease to reside in the unit.

The Department or a public housing agency shall give each family that receives assistance under the State Program a written description of: the family’s obligations under the State Program; the grounds on which the Department or the public housing agency may deny or terminate assistance under the State Program; and the process to request an informal hearing.

The Department or a public housing agency shall recertify a family for continued admission under the State Program, in accordance with federal guidelines under the federal Housing Choice Voucher Program.

If the head of household who was receiving assistance under the State Program dies, a surviving family member may continue to receive the assistance if the household is solely occupied by remaining family members in accordance with this subtitle.

Any guidelines on the termination of assistance or on evictions established by the Department or a public housing agency under this subtitle shall be at least as protective of tenants’ rights as guidelines established under the federal Housing Choice Voucher Program.

For fiscal years 2025, 2026, and 2027, the Governor shall include in the annual budget bill an appropriation of $10,000,000 to the Department for the State Program. For fiscal year 2028 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation sufficient to fund at least the same number of vouchers issued in the prior fiscal year. The Department shall distribute the greater of the federal de minimis rate of the public housing agency’s modified total direct costs as established in 2 C.F.R. § 200.414(f) or 15% of the amount specified under subsection (a) of this section each year to each public housing agency to help defray staffing expenses related to the administration of the federal Housing Choice Voucher Program and the State Program. The Department shall develop a formula for distributing State Program funds to each public housing agency.

On or before December 30, 2024, and each year thereafter, the Department and each political subdivision that has a public housing agency shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on: the number of families receiving assistance under the State Program; compliance with income eligibility requirements under the federal Housing Choice Voucher Program; the total amount of funds received; the number of households terminated from the State Program; the incomes of families receiving assistance under the State Program; the geographic locations where families receiving assistance under the State Program have been housed; the race and gender of individuals in families receiving assistance under the State Program; the household size for families receiving assistance under the State Program; the number of families receiving assistance under the State Program, based on the preferences listed in § 4–2906 of this subtitle; the length of time that each family has received assistance under the State Program; the average length of time from application into the State Program and receipt of housing assistance payments; any referrals made for families under the State Program for wraparound services, including job training; any resources used to advertise the State Program; the disability status of households served; and the number of households in which State Program assistance ended without the households having received federal housing choice vouchers.

The Department may adopt regulations to implement this subtitle.