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<section article="ghs" article_name="Housing and Community Development" number="7-205" title_number="7" title_name="Assisted Housing Preservation Act" subtitle_number="2" subtitle_name="Protected Actions">
  <level label="a">
    <text>In this section, “fair market value” means the price that a willing buyer would pay a willing seller, neither under any compulsion to buy or to sell, for a residential rental project, assuming:</text>
    <level label="1">
      <text>the highest and best use under current zoning; and</text>
    </level>
    <level label="2">
      <text>no requirements to rent to low-income tenants other than the requirements of any federal law, § 7-214 of this subtitle, or other State law, local law, governmental program, agreement, covenant, or restriction that will continue to affect the project after sale or conveyance.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as required under § 7-204(b) of this subtitle, if the owner receives an offer to purchase the assisted project in the form of a binding purchase contract from an unrelated bona fide purchaser, the terms of the owner’s offer shall be substantially the same as those offered by the bona fide purchaser, including purchase price, terms of payment, financing contingencies, and assumable or purchase money financing.</text>
    </level>
    <level label="2">
      <text>If the owner has not received an offer that qualifies under paragraph (1) of this subsection:</text>
      <level label="i">
        <text>the purchase price of the owner’s offer shall be the lesser of:</text>
        <level label="1">
          <text>the purchase price of any offer that does not qualify under paragraph (1) of this subsection; and</text>
        </level>
        <level label="2">
          <text>the fair market value of the property as determined under subsection (d) of this section;</text>
        </level>
      </level>
      <level label="ii">
        <text>the owner’s offer shall be accompanied by a written appraisal of the fair market value of the assisted project prepared in accordance with subsection (d) of this section; and</text>
      </level>
      <level label="iii">
        <text>the remaining terms of the purchase contract:</text>
        <level label="1">
          <text>shall be as required under § 7-204(b) of this subtitle;</text>
        </level>
        <level label="2">
          <text>shall otherwise conform to terms that are accepted as reasonable in that market; and</text>
        </level>
        <level label="3">
          <text>are subject to final review by the Department.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>Any party identified in § 7-204(a) of this subtitle may accept the owner’s offer within 120 days after the date of the owner’s offer.</text>
      </level>
      <level label="ii">
        <text>If more than one party submits a timely acceptance of the owner’s offer, the Secretary shall select as purchaser the party that, in the Secretary’s discretion, the Secretary determines will most benefit the assisted households.</text>
      </level>
      <level label="iii">
        <text>The owner shall return the entire deposit made by each party whose offer was not accepted.</text>
      </level>
    </level>
    <level label="2">
      <text>If a party that has accepted the owner’s offer withdraws the acceptance, any remaining party identified in § 7-204(a) of this subtitle may accept the owner’s offer in accordance with paragraph (1) of this subsection within:</text>
      <level label="i">
        <text>120 days after the date of the offer; or</text>
      </level>
      <level label="ii">
        <text>60 days after the acceptance is withdrawn.</text>
      </level>
    </level>
    <level label="3">
      <text>The acceptance shall be followed by settlement of the purchase of the assisted project by the owner’s stated closing date or any extension agreed to by the owner.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>If the owner is required by subsection (b)(2) of this section to submit an appraisal, acceptance of the owner’s offer made under this subtitle may state an adjusted purchase price based on an alternate fair market value.</text>
      </level>
      <level label="ii">
        <text>The alternate fair market value shall be supported by a written appraisal prepared by an appraiser selected by the purchaser and delivered to the owner.</text>
      </level>
    </level>
    <level label="2">
      <text>If the owner objects to the adjusted purchase price, the owner and the purchaser may:</text>
      <level label="i">
        <text>set the purchase price at the average of the fair market values each party has obtained by appraisal; or</text>
      </level>
      <level label="ii">
        <text>have the two appraisers select a third appraiser, whose fee shall be shared equally, and whose fair market value shall be binding.</text>
      </level>
    </level>
    <level label="3">
      <text>Each appraiser who submits an appraisal under this subtitle must be a member in good standing of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers.</text>
    </level>
  </level>
</section>
