Md. Code, Housing and Community Development, Title 2

Md. Code, Housing and Community Development, Title 2
in effect

Md. Code, Housing and Community Development § 2-102

(a) The Department shall: (1) encourage and assist political subdivisions and public and private community organizations to develop mutual and cooperative solutions to their common problems; (2) serve as a clearinghouse for information and materials that may be pertinent to sound community assistance, including information on available federal, State, and private financial assistance and technical assistance; (3) implement model or demonstration programs and projects or otherwise provide a program of practical research in community assistance; (4) provide grants and loans for energy conservation and the use of solar energy in commercial and residential buildings; (5) provide advisory, consultative, training, and educational services, and technical assistance to any political subdivision, local public agency, or nonprofit organization for community assistance purposes; (6) contract for and accept a gift, grant, contribution, or loan of money, property, or other aid for community assistance from a governmental unit, the federal government, or another source and comply with the terms and conditions of that aid; (7) attach terms and conditions to financial assistance as the Secretary determines; (8) participate with political subdivisions, regional governments, organizations, and the federal government in developing, financing, and implementing a program to build the management capabilities of municipal corporations by supplying needed managerial expertise through circuit riding managers; (9) administer federal programs relating to community assistance; and (10) develop and implement a weatherization program in accordance with Title 4 of this article and administer the low–income weatherization component of the electric universal service program in accordance with § 7–512.1 of the Public Utilities Article. (b) The Department may: (1) sell any mortgage or other obligation that the Department holds at public or private sale, with or without public bidding; (2) retain the servicing rights and charge servicing fees for any mortgage or other obligation that the Department sells; and (3) apply the proceeds from any sale and servicing fees earned to any of the funds established under Title 4, Subtitle 5 of this article.

Md. Code, Housing and Community Development § 2-103

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary. (2) The Secretary is the head of the Department. (b) Before taking office, the Secretary shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The Secretary serves at the pleasure of the Governor and is directly responsible to the Governor. (2) The Secretary shall counsel and advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters. (d) The Secretary is entitled to the compensation provided in the State budget.

Md. Code, Housing and Community Development § 2-104

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. (b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Office of the Secretary as necessary to fulfill the duties assigned to the Secretary.

Md. Code, Housing and Community Development § 2-106

(a) With the approval of the Governor, the Secretary shall appoint a deputy secretary. (b) The deputy secretary: (1) serves at the pleasure of the Secretary; and (2) is entitled to the compensation provided in the State budget. (c) The deputy secretary shall have the duties provided by law or delegated by the Secretary.

Md. Code, Housing and Community Development § 2-107

(a) (1) In the Office of the Secretary, the Secretary shall have assistants, professional consultants, and employees as provided in the State budget. (2) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility within the Office of the Secretary. (b) In the Office of the Secretary: (1) each staff assistant in charge of a particular area of responsibility and each professional consultant serves at the pleasure of the Secretary; and (2) except as otherwise provided by law, the Secretary shall appoint and may remove all other employees in accordance with the State Personnel and Pensions Article.

Md. Code, Housing and Community Development § 2-108

(a) The appointment or removal of personnel by a governmental unit in the Department is subject to the approval of the Secretary. (b) The Secretary may delegate this power of approval to the head or governing body of the governmental unit.

Md. Code, Housing and Community Development § 2-110

Whenever law provides that an appointment is to be made by the Secretary with the approval of the Governor and the appointee is to serve at the pleasure of the Secretary, the Secretary may not remove the appointee without the prior approval of the Governor.

Md. Code, Housing and Community Development § 2-111

(a) The Secretary is responsible for adopting regulations for the Office of the Secretary. (b) The Secretary shall review and may approve, disapprove, or revise the regulations of each governmental unit in the Department.

Md. Code, Housing and Community Development § 2-113

(a) The Secretary is responsible for the coordination and direction of all planning initiatives of the Secretary. (b) The Secretary shall keep apprised of and may approve, disapprove, or modify plans, proposals, and projects of the Department and its governmental units.

Md. Code, Housing and Community Development § 2-116

(a) This section does not apply to a governmental unit in the Department to the extent that the governmental unit is authorized by law to employ its own legal adviser or counsel. (b) The Attorney General is the legal adviser to the Department. (c) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law for the Department and its governmental units. (d) An assistant Attorney General shall be a lawyer of the State in good standing. (e) An assistant Attorney General is entitled to the compensation provided in the State budget. (f) (1) The Attorney General shall designate one of the assistant Attorneys General as counsel to the Department and may not reassign the counsel without consulting the Secretary. (2) The counsel to the Department has no duty other than to: (i) give the legal aid, advice, and counsel that the Secretary and the other officials of the Department require; and (ii) supervise the other assistant Attorneys General assigned to the Department. (3) The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General. (g) (1) The counsel and the other assistant Attorneys General in the Department shall perform those duties that the Attorney General assigns. (2) The Attorney General may require an assistant Attorney General to perform, subject to the Attorney General’s control and discretion, any duty for the Department required of the Attorney General by law.

Md. Code, Housing and Community Development § 2-201

The Department consists of: (1) the Division of Credit Assurance; (2) the Division of Development Finance; (3) the Division of Neighborhood Revitalization; (4) the Community Development Administration; (5) the Community Legacy Program; (6) the Housing Finance Review Committee; (7) the Lead Hazard Advisory Committee; (8) the Maryland Housing Fund; (9) the Neighborhood Business Development Program; (10) the Historic Property Revitalization Director; and (11) any other governmental unit that under law is a part of the Department.

Md. Code, Housing and Community Development § 2-202

(a) (1) The Department shall establish advisory councils, boards, and committees as the Governor and the Secretary determine. (2) The Governor and the Secretary shall determine: (i) the size of the advisory bodies; (ii) the qualifications, method of appointment, terms, and compensation of members; (iii) the manner of removal of members; and (iv) the method of filling vacancies. (b) The advisory units shall advise and assist the Secretary on policies, programs, and activities of the Department.

Md. Code, Housing and Community Development § 2-203

(a) (1) In this section the following words have the meanings indicated. (2) “Affordable housing” means residential property that is rented or sold to the public as low–income housing or workforce housing. (3) “Area median income” has the meaning stated in § 4–1801 of this article. (4) “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. (5) “Workforce housing” has the meaning stated in § 4–1801 of this article. (b) (1) (i) 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. (ii) The Department may not identify a property as suitable for use or redevelopment as affordable housing if the property: 1. is located outside an area designated as a priority funding area under Title 5, Subtitle 7B of the State Finance and Procurement Article; or 2. belongs in a category of property listed in § 5–310(c)(1)(i) of the State Finance and Procurement Article. (iii) When determining if a property is suitable for use or redevelopment as affordable housing, the Department shall consider whether the property: 1. is adequately sized for any type of residential use; 2. has access to public utilities; 3. has access to feasible ingress and egress points; and 4. meets any other factors determined by the Department that are necessary for the property to be used or redeveloped as affordable housing. (2) The Department shall compile and regularly update a list of properties it has determined are suitable for use or redevelopment as affordable housing. (3) For each property included in the list required under paragraph (2) of this subsection, the Department shall: (i) give notice of the determination to: 1. the unit of State government that controls the property; and 2. the State Treasurer; and (ii) advise the unit of State government of the requirements of subsection (c) of this section. (4) The list required under paragraph (2) of this subsection shall be made available to the public. (c) (1) (i) 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: 1. donating or selling the property to a nonprofit organization that contracts to use or redevelop the property as affordable housing; or 2. selling the property to a buyer that contracts to use or redevelop the property as affordable housing. (ii) 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. (iii) 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. (2) 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. (3) 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. (4) A unit may not propose to donate or sell a property under this subsection if the donation or sale would: (i) violate any covenant or applicable federal law; or (ii) 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. (5) 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. (d) 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: (1) the number of proposals submitted to the Board of Public Works under this section; (2) the number of properties that were donated pursuant to proposals developed under this section; and (3) the number of properties that were sold pursuant to proposals developed under this section.

Md. Code, Housing and Community Development § 2-204

(a) There is a Historic Property Revitalization Director. (b) The Historic Property Revitalization Director shall: (1) support the work of the Sustainable Growth Subcabinet; (2) collect and maintain from State agencies that own property an inventory of State–owned buildings that are greater than 50 years old to be used for prioritizing physical assessments and, if applicable, determining eligibility for the National Register of Historic Places; (3) in consultation with the Sustainable Growth Subcabinet and to determine the highest and best value for the State’s disposition of property, support studies and consultations relevant to: (i) stabilization; (ii) mothballing; (iii) environmental impacts; (iv) economic prospects; and (v) long–term ground leases; (4) work with the Department, the Department of Commerce, and other members of the Sustainable Growth Subcabinet to identify existing State and federal programs and financing mechanisms that may be leveraged to enhance the successful redevelopment of property; (5) work with the Department of General Services Office of Real Estate during the disposition process of relevant property; and (6) on or before October 1, 2026, and each October 1 thereafter, and in consultation with the Sustainable Growth Subcabinet, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the progress of efforts under this subsection. (c) The Historic Property Revitalization Director shall receive a salary as provided in the State budget.

Md. Code, Housing and Community Development § 2-301

On or before December 1, 2019, and each December 1 thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on: (1) with respect to financial assistance provided under Title 4, Subtitle 2 of this article: (i) the number of projects that qualified as business projects under § 4–223 of this article; (ii) the location of each business project, including whether the business project is located: 1. in an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article; or 2. only in a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code; and (iii) the amount of grants or loans provided for the development of each business project; (2) with respect to the Strategic Demolition and Smart Growth Impact Fund established under § 4–508 of this article: (i) the number and amount of grants and loans provided to government agencies and community development organizations during the immediately preceding fiscal year; and (ii) the location of each revitalization project for which a grant or loan was provided, including whether the revitalization project is located: 1. in an area designated as a Sustainable Community; or 2. only in a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code; (3) with respect to the Community Legacy Program established under Title 6, Subtitle 2 of this article: (i) the location of each community legacy project, including whether the community legacy project is located: 1. in a sustainable community; or 2. only in an eligible opportunity zone; and (ii) the amount of financial assistance provided for each community legacy project; and (4) with respect to the Business Development Program established under Title 6, Subtitle 3 of this article: (i) the names of approved entities awarded financial assistance under that program; (ii) the location of the approved entity’s operation, including whether the approved entity’s operation is located: 1. in a priority funding area; or 2. only in an eligible opportunity zone; and (iii) the amount of each financial assistance award.

Md. Code, Housing and Community Development § 2-302

(a) On or before December 1, 2023, and on or before December 1 every 5 years thereafter, the Department, in consultation with political subdivisions and housing authorities, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on: (1) the efforts by the State, political subdivisions, and housing authorities to promote fair housing choice and racial and economic housing integration, and the results of those efforts, delineated by county; and (2) any assessment of fair housing required under § 3–114(d)(2) of the Land Use Article completed since the most recent report required under this subsection, including any assessment of fair housing completed or revised under the federal Department of Housing and Urban Development’s most recently published Affirmatively Furthering Fair Housing Rule. (b) The report required under subsection (a) of this section shall provide an update on the actions being taken by local jurisdictions to affirmatively further fair housing. (c) The Department shall work in partnership with each local jurisdiction to jointly develop and complete a template to capture data in the jurisdiction related to affirmatively furthering fair housing.

Md. Code, Housing and Community Development § 2-303

(a) (1) In this section the following words have the meanings indicated. (2) “Common ownership community” means: (i) a condominium, as defined in § 11–101 of the Real Property Article; (ii) a cooperative housing corporation, as defined in § 5–6B–01 of the Corporations and Associations Article; or (iii) a homeowners association, as defined in § 11B–101 of the Real Property Article. (3) “Local common ownership community program” means a program operated by a local jurisdiction for the regulation or oversight of common ownership communities. (b) The Department shall establish and maintain a website that provides information for individuals living in a common ownership community. (c) The Department shall make publicly available on the website: (1) a hyperlink to the website of each local common ownership community program in the State; (2) information on statewide legislation enacted in the prior legislative session regarding the rights and responsibilities of individuals living in a common ownership community, including, for each bill that is enacted: (i) the bill title; (ii) the bill and chapter number; (iii) the effective date of the bill; and (iv) a hyperlink to the bill information on the General Assembly website; (3) (i) a summary of the requirements for the governing body of a common ownership community and for an individual seeking to install electric vehicle recharging equipment in a common ownership community under § 5–6B–23.1 of the Corporations and Associations Article and §§ 11–111.4 and 11B–111.8 of the Real Property Article; (ii) information on contractors, including specific information on contractors certified through labor–management training programs, and insurers for the installation of electric vehicle recharging equipment in a common ownership community; and (iii) a point of contact in the Department to assist individuals with questions relating to electric vehicle recharging equipment in common ownership communities; and (4) information on resources available to individuals living in common ownership communities to aid in dispute resolution between the individual and the common ownership community. (d) The information required under subsection (c)(2) of this section shall be posted on the Department’s common ownership community website on or before June 1 each year.

Md. Code, Housing and Community Development § 2-401

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Affirmatively further fair housing” means to take meaningful actions, in addition to actions aimed at combating discrimination, to: (i) overcome patterns of segregation; and (ii) foster inclusive communities free from barriers that restrict access to housing and opportunity based on protected characteristics. (2) “Affirmatively further fair housing” includes to take meaningful actions that, taken together: (i) address significant disparities in housing needs and access to opportunity; (ii) replace segregated living patterns with truly integrated and balanced living patterns; (iii) transform racially and ethnically concentrated areas of poverty into areas of opportunity; and (iv) foster and maintain compliance with civil rights and fair housing laws. (c) “Meaningful action” means a significant action that is designed and can be reasonably expected to achieve a material positive change by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.

Md. Code, Housing and Community Development § 2-402

(a) The Department: (1) shall administer its programs and activities related to housing and community development to affirmatively further fair housing; (2) shall explore ways to ensure it is collaborating with and supporting nonprofit and governmental entities devoted to furthering fair housing; and (3) may not take any action that is materially inconsistent with the obligation to affirmatively further fair housing. (b) (1) The Department shall require political subdivisions and housing authorities to affirmatively further fair housing. (2) To ensure that political subdivisions and housing authorities affirmatively further fair housing, the Department shall, in accordance with § 3–114(d)(2) of the Land Use Article, require a political subdivision or housing authority to submit an assessment of fair housing to the Department as part of the housing element of a comprehensive plan. (c) This section does not: (1) require a political subdivision or housing authority to take a specific action to affirmatively further fair housing; or (2) prohibit a political subdivision or housing authority from taking a specific action to affirmatively further fair housing.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026