reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 1 - General Provisions › Section 10-104 - Membership

(a)    (1)    The Board consists of 14 trustees.
(2)    The nonvoting trustees are:
(i)    the Secretary;
(ii)    a member of the House of Delegates, appointed by the Speaker of the House; and
(iii)    a member of the Senate, appointed by the President of the Senate.
(3)    With the advice and consent of the Senate, the Governor shall appoint 11 voting trustees, consisting of:
(i)    four representatives of the public; and
(ii)    one representative of each of the following:
1.    title companies doing business in the State;
2.    financial institutions doing business in the State;
3.    political subdivisions;
4.    nonprofit housing developers;
5.    for profit housing developers;
6.    public housing authorities; and
7.    social services providers.
(b)    In appointing trustees, the Governor shall consider geographic representation.
(c)    Service as a trustee is not a State office or State employment for purposes of any prohibition against holding two public positions.
(d)    (1)    The term of a voting trustee is 4 years.
(2)    The terms of voting trustees are staggered as required by the terms provided for voting trustees on October 1, 2005.
(3)    At the end of a term, a voting trustee continues to serve until a successor is appointed and qualifies.
(4)    A voting trustee who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 1 - General Provisions › Section 10-107 - Debts, Obligations, Liabilities, Corporate Earnings, and Assets

(a)    The debts, obligations, and liabilities of the Trust are those of the Trust only and are not:
(1)    a pledge of the State’s credit; or
(2)    those of the State or its officers, employees, or governmental units.
(b)    (1)    The net earnings of the Trust may not inure to the benefit of a trustee, officer, or private person.
(2)    A trustee, officer, or private person is not entitled to share in the distribution of the corporate assets of the Trust.
(3)    If the Trust is dissolved or abolished, by act of the General Assembly or otherwise, its assets shall be distributed to the State or a governmental unit of the State.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 1 - General Provisions › Section 10-108 - Awards

The Board shall:
(1)    receive applications for awards from the Trust;
(2)    make the final decisions about awards; and
(3)    develop a process for making awards that encourages a broad geographic distribution of money.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 1 - General Provisions › Section 10-109 - Effect of Other Laws

(a)    The Board shall comply with the Maryland Public Ethics Law.
(b)    The Board is exempt from:
(1)    taxation by the State or its political subdivisions;
(2)    the General Procurement Law provisions of Division II of the State Finance and Procurement Article; and
(3)    the Administrative Procedure Act, Title 10, Subtitles 1 through 4, of the State Government Article.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 1 - General Provisions › Section 10-110 - Audit; Reports

(a)    The books and records of the Trust are subject to audit:
(1)    by the State, at the State’s discretion; and
(2)    annually by an independent auditor approved and paid by the Trust.
(b)    (1)    Within the first 90 days of each fiscal year, the Board shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.
(2)    The report shall include a complete operating and financial statement of the operations of the Trust and a summary of the activities of the Trust during the preceding fiscal year.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 2 - Maryland Affordable Housing Trust Fund › Section 10-202 - Purposes of Fund

(a)    The Board shall use the Fund to make awards to:
(1)    help acquire, build, rehabilitate, or preserve affordable housing;
(2)    help nonprofit organizations develop affordable housing; and
(3)    help promote affordable housing by contributing to pay the operating expenses of housing developments.
(b)    In any fiscal year, the Board may use up to 5% of the Fund to pay actual operating and staffing expenses directly related to the activities of the Trust.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 10 - Maryland Affordable Housing Trust › Subtitle 2 - Maryland Affordable Housing Trust Fund › Section 10-204 - Composition

The Fund consists of:
(1)    money that the Board receives from any public or private source, including a gift, grant, or legacy;
(2)    interest earned on Trust accounts held by title insurers and their agents under § 22–105 of the Insurance Article;
(3)    investment earnings of the Fund; and
(4)    repayments of principal or payments of interest on loans from the Fund.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11 - Maryland State Appalachian Housing Fund › Section 11-105 - Composition

The Fund consists of:
(1)    receipts of the Department from the Appalachian Regional Commission;
(2)    investment earnings of the Fund; and
(3)    repayments of site development advances or loan principal or payments of loan interest made under this title.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-102 - Ending Youth Homelessness Grant Program

(a)    (1)    There is an Ending Youth Homelessness Grant Program.
(2)    The purpose of the Program is to:
(i)    prevent and end youth homelessness in the State; and
(ii)    address related disparities based on race, ethnicity, sexual orientation, and gender identity.
(b)    (1)    The Department shall administer the Program.
(2)    The Department shall establish:
(i)    application procedures; and
(ii)    any other procedures or criteria necessary to carry out this title.
(c)    (1)    The Program shall be a competitive, performance–based grant program to provide funds to housing and supportive services for unaccompanied homeless youth and youth at risk of homelessness.
(2)    The Program may provide a grant only to services that are voluntary and individualized.
(3)    Recipients of grants from the Program may provide supportive services directly, or may provide services through sub–recipients or partners.
(4)    Recipients of grants from the Program shall conduct an annual assessment of Program participants and update and adjust the services offered accordingly.
(5)    Grants appropriated from the Program shall be allocated based on an assessment of the gaps in existing resources, with a primary focus on ensuring access to permanent affordable housing.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-103 - Ending Youth Homelessness Grant Fund

(a)    There is an Ending Youth Homelessness Grant Fund.
(b)    The purpose of the Fund is to provide funds to the Program.
(c)    The Department shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    money appropriated in the State budget to the Fund; and
(2)    any other money from any other source accepted for the benefit of the Fund.
(f)    The Fund may be used only for grants made by the Department for the Program.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the General Fund of the State.
(h)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-104 - Grant Making Process

(a)    The Department shall establish a grant making process that is inclusive of currently and formerly homeless youth from diverse geographic regions within the State.
(b)    The grant making process shall:
(1)    ensure that youth are involved in the planning and evaluation activities, including by providing opportunities for youth to participate in decision making;
(2)    adequately support youth participation in the grant making process; and
(3)    to the extent practicable, support youth participation in the grant making process through stipends and reasonable reimbursement for expenses.
(c)    The Department shall engage currently or formerly homeless youth and representatives of service provider or advocacy organizations that address youth homelessness in the development of requests or proposals or other grant application materials as may be required under this title.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-105 - Types of Programs for Eligible Participants

Eligible recipients of grant funding are limited to the following types of programs:
(1)    street and community–based outreach and drop–in programs that:
(i)    locate, contact, and provide information, referrals, and supportive services;
(ii)    provide walk–in access to crisis intervention and ongoing supportive services that include one–to–one case management services on a self–referral basis; or
(iii)    help unaccompanied homeless youth and youth at risk of homelessness access and maintain safe, decent, and affordable housing;
(2)    emergency shelter programs that:
(i)    provide unaccompanied homeless youth and youth at risk of homelessness with referral and walk–in access to emergency short–term residential care; and
(ii)    provide unaccompanied homeless youth with:
1.    safe, dignified shelter where privacy and security concerns are addressed that includes beds, lockers or other storage options, and two meals each day;
2.    assistance with reunification with their family or legal guardian when required or appropriate; and
3.    assistance to access and maintain safe, decent, and affordable housing; and
(3)    housing programs, either time–limited or nontime–limited, that:
(i)    provide supportive services; and
(ii)    aid participants in obtaining permanent, safe, decent, and affordable housing.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-106 - Performance Standards and Data Collection

(a)    (1)    The Department shall for all recipients of a grant:
(i)    establish performance standards;
(ii)    monitor performance; and
(iii)    require data collection and reporting.
(2)    The standards required by paragraph (1) of this subsection shall:
(i)    incorporate evidence–based practices and interventions;
(ii)    require grant recipients to demonstrate the capacity to competently serve groups overrepresented in the homeless youth population, including racial and ethnic minority youth and lesbian, gay, bisexual, and transgender youth;
(iii)    evaluate youth participation and engagement, including the ability to integrate currently and formerly homeless youth into staffing and governance roles; and
(iv)    require participation in Youth REACH Maryland.
(b)    The Department shall monitor performance and collect data from grantees to ensure high–quality services and equitable outcomes.
(c)    The Department shall engage currently and formerly homeless youth and representatives of service provider or advocacy organizations that address youth homelessness in the development of performance standards and data collection tools under this section.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-107 - Youth Reach Maryland

(a)    The Department shall serve as the lead State agency for Youth REACH Maryland.
(b)    (1)    The Department shall work with Youth REACH Maryland to perform data collection and analysis in order to determine the number and character of unaccompanied homeless youth in each jurisdiction in the State.
(2)    The Department shall select and monitor a coordinating entity to assist the Department’s involvement with Youth REACH Maryland.
(3)    The selected coordinating entity shall assist in the collection of quantitative and qualitative data through surveys administered in schools and through street and community–based outreach.
(c)    Participating jurisdictions shall implement procedures to conduct the data collection described in subsection (b) of this section once every 2 years.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-108 - Report

On or before December 1 each year, the Secretary shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
(1)    a list of the areas of the State with the greatest need for services and housing for unaccompanied homeless youth and youth at risk of homelessness, and the level and nature of the needs identified;
(2)    details about grants made, including distribution of funds throughout the State;
(3)    grantee outcome data, including outcomes by race, sexual orientation, gender identity, and other demographics;
(4)    follow–up information, if available, on the status of unaccompanied homeless youth and whether they have stable housing 3 months and 6 months after services are provided;
(5)    procedural or systemic barriers affecting unaccompanied homeless youth, youth at risk of homelessness, and grantee programs; and
(6)    any other outcomes for populations served by the Program to determine the effectiveness of the Program and the efficacy of funding.
2023 Maryland Statutes › Housing and Community Development › Division I - Housing and Community Programs › Title 11.5 - Ending Youth Homelessness Act › Section 11.5-109 - Funding

(a)    Funds appropriated or otherwise allocated for programs under this title may be expended for any lawful purpose authorized by this title, as well as:
(1)    outreach;
(2)    technical assistance;
(3)    capacity building for recipient and prospective recipient entities with the goal of building capacity to effectively meet the greatest need on a statewide basis; and
(4)    administrative costs to the Department.
(b)    In and after the third year of funding, each year the Department shall allocate at least 50% of the money appropriated to the Fund for housing programs as described in § 11.5–105(3) of this title.
(c)    The Department may partner or contract to provide programs or services authorized under subsection (a) of this section, including conducting training on racial equity, harm reduction, trauma–informed care, and needs of overrepresented or particularly vulnerable groups, including:
(1)    racial minority youth;
(2)    lesbian, gay, bisexual, and transgender youth;
(3)    minors;
(4)    victims of human trafficking and intimate partner violence;
(5)    youth with disabilities;
(6)    pregnant and parenting youth; and
(7)    immigrant youth.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 1 - Definitions; General Provisions › Section 12-102 - Findings

The General Assembly finds that:
(1)    there is unsanitary or unsafe housing in which individuals of low and moderate income are forced to live;
(2)    there is a shortage of safe or sanitary housing that is available at rents that individuals of low and moderate income can afford, forcing these individuals to live in overcrowded housing;
(3)    there are many families living in housing that, while decent and safe, is inadequate for the size of the family;
(4)    the conditions:
(i)    cause disease and crime to increase and spread, threaten the public health, safety, morals, and welfare, and impair economic values; and
(ii)    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;
(5)    construction of housing projects for individuals of low and moderate income does not compete with private enterprise because:
(i)    there are economically depressed or physically deteriorated areas that cannot be assisted through the private housing market; and
(ii)    the private housing market cannot relieve the shortage of safe and sanitary housing for individuals of low and moderate income;
(6)    clearing, replanning, and reconstructing areas in which unsanitary or unsafe housing exists and providing safe and sanitary housing for persons of low and moderate income are public purposes and essential governmental functions for which public money may be spent and private property acquired;
(7)    it is the policy of the State to develop safe, sanitary, and decent housing for State residents;
(8)    there is a need for available mortgage credit because many purchasers and owners of housing cannot afford mortgage credit at the market interest rate or get mortgage credit because the mortgage credit market is severely restricted; and
(9)    this Division II is needed in the public interest.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 1 - Definitions; General Provisions › Section 12-103 - Purpose of Division Ii

The purpose of this Division II is to authorize each authority to do all that is necessary or desirable to secure the financial aid or cooperation of political subdivisions, State government, or federal government to help the authority undertake, construct, maintain, or operate a housing project.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 1 - Definitions; General Provisions › Section 12-105 - Areas of Operation for Authorities

(a)    An authority of a municipal corporation or Baltimore City may:
(1)    operate within its territorial boundaries; and
(2)    without regard to location:
(i)    administer rent subsidy payments and housing assistance programs for both eligible landlords and tenants;
(ii)    own or manage housing projects in operation before January 1, 1990; and
(iii)    develop, own, or operate a housing project at the request of and within the territorial boundaries of another political subdivision.
(b)    (1)    Anywhere in its county an authority of a county may:
(i)    administer rent subsidy payments and housing assistance programs for both eligible landlords and tenants; and
(ii)    own or manage housing projects in operation before:
1.    January 1, 1990, if the authority is of Baltimore City; or
2.    January 1, 1991, if the authority is of another county.
(2)    Subject to paragraph (3) of this subsection, an authority of a county may conduct its other operations within the county.
(3)    An authority of a county other than Baltimore City may not conduct its other operations within a municipal corporation unless the governing body of the municipal corporation consents by resolution to its inclusion in the authority’s area of operation.
(c)    An authority created under § 12–208 of this title may conduct its operations in the area prescribed under its articles of organization.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 1 - Definitions; General Provisions › Section 12-106 - Person of Eligible Income

(a)    An individual or family qualifies as a person of eligible income:
(1)    for projects that are State or federally funded, if the individual or family meets the income requirements of the State or federal program involved; or
(2)    for other projects, if the individual or family, by a determination under subsection (b) of this section, lacks sufficient income or assets without financial assistance to purchase or rent decent, safe, and sanitary housing without overcrowding.
(b)    (1)    The chief elected official or the chief elected official’s designee, who may be the executive director of an authority or the board of commissioners of the authority, shall determine whether an individual or family qualifies as a person of eligible income under subsection (a)(2) of this section.
(2)    Determination of qualifying income levels may vary for the elderly, individuals with disabilities, other persons with special needs, particular projects or programs, or particular parts of the political subdivision.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 1 - Definitions; General Provisions › Section 12-107 - Application of Title

A provision applicable to a particular political subdivision or its authority in another title of this Division II:
(1)    takes precedence over a conflicting provision of this title; and
(2)    may not be used to interpret how this title applies to another political subdivision or its authority.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 2 - Establishment and Organization of Authorities › Section 12-201 - Authorities Established

Except as provided in § 12–208 of this subtitle, in each political subdivision, there is a public body corporate and politic known as the “housing authority” of the political subdivision or as otherwise designated in the articles of organization.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 2 - Establishment and Organization of Authorities › Section 12-203 - Code Authorities

A code authority may not do business or exercise its powers unless:
(1)    its articles of organization have been recommended in writing by the chief elected official, adopted by a resolution or ordinance of the legislative body, and filed with the Secretary of State; and
(2)    the Secretary of State has issued a certificate of organization to the code authority.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 2 - Establishment and Organization of Authorities › Section 12-204 - Pre-Existing Authorities

(a)    Except as provided in § 12–208 of this subtitle, each pre–existing authority continues to exist.
(b)    (1)    Except as provided in paragraph (3) of this subsection, a pre-existing authority governed only by this title:
(i)    may exercise the powers granted by Subtitles 6 and 7 and §§ 12-501, 12-502, 12-504, and 12-506(a) of this title; and
(ii)    if it adopts articles of organization, may exercise the powers listed in § 12-503 of this title that are authorized by the articles of organization in accordance with § 12-205(b)(1)(vi) of this subtitle; and
(iii)    is entitled to the exemptions from State law provided in § 12-505 of this title.
(2)    Except as provided in paragraph (3) of this subsection, a pre-existing authority governed by this title and by a title in this Division II that is applicable in a particular political subdivision:
(i)    may exercise the powers granted under the title that applies to the particular political subdivision;
(ii)    may exercise the powers granted by Subtitles 6 and 7 and §§ 12-501, 12-502, 12-504, and 12-506(a) of this title as modified by the title that applies to the particular political subdivision;
(iii)    if it adopts articles of organization, may exercise the powers listed in § 12-503 of this title that are authorized by the articles of organization in accordance with § 12-205(b)(1)(vi) of this subtitle; and
(iv)    is entitled to the exemptions from State law provided in § 12-505 of this title.
(3)    If articles of organization are adopted, the powers set forth in §§ 12-501 through 12-506(a) of this title may be limited to the extent allowed under §§ 12-205(b)(2) and 12-207 of this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 2 - Establishment and Organization of Authorities › Section 12-207 - Amendments to and Restatements of Articles of Organization

(a)    Articles of amendment or restatement of articles of organization of an authority must be:
(1)    recommended in writing by the chief elected official;
(2)    if required by subsection (d) of this section, approved by a resolution of the board of commissioners of the authority; and
(3)    adopted by a resolution or ordinance of the legislative body.
(b)    An amendment or restatement of articles of organization shall comply with § 12-205(b) through (d) of this subtitle.
(c)    A political subdivision may not amend the articles of organization to change the number of commissioners of an authority or the length of terms of commissioners stated in the initial articles of organization.
(d)    A political subdivision may not amend the articles of organization of a pre-existing authority without the approval of the board of commissioners of the pre-existing authority.
(e)    The custodian of records shall file with the Secretary of State:
(1)    a copy of the articles of amendment or restatement, the recommending and adopting instruments required by subsection (a)(1) and (3) of this section, and any approving instrument required by subsection (a)(2) of this section;
(2)    the certification of the custodian of records that the articles of amendment or restatement have been recommended and adopted by the political subdivision in accordance with the requirements of subsection (a)(1) and (3) of this section; and
(3)    if required by subsection (a)(2) of this section, the certification of the secretary of the authority that the articles of amendment or restatement have been approved by the board of commissioners of the authority in accordance with the requirements of subsection (a)(2) of this section.
(f)    (1)    If the Secretary of State finds that the requirements of subsections (a) and (e) of this section have been met, the Secretary of State shall endorse the articles of amendment or restatement as “approved” and issue an attached certificate of approval.
(2)    On issuance of the certificate of approval, the articles of amendment or restatement as filed are considered to have been adopted.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-301 - Number of Commissioners of an Authority

The required number of commissioners of an authority:
(1)    for an authority not governed by articles of organization, is five; and
(2)    for an authority governed by articles of organization, is the number set forth in the articles of organization as required by § 12-205(b)(1)(iv) of this title.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-302 - Appointment of Commissioners of an Authority

(a)    The chief elected official shall appoint the required number of commissioners of the authority.
(b)    (1)    A certificate of the appointment of a commissioner of an authority shall be filed with the custodian of records.
(2)    The certificate is conclusive evidence of the appointment.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-303 - Eligibility to Be Commissioner of an Authority

(a)    A commissioner of an authority may not be an employee of the authority.
(b)    (1)    If an authority is governed by articles of organization, only one commissioner of the authority may be an employee of the political subdivision.
(2)    Otherwise, a commissioner of an authority may not be an employee of the political subdivision.
(c)    A commissioner of an authority may not be an elected official of the political subdivision.
(d)    This subtitle does not bar a tenant of a housing project or of property included or planned to be included in a housing project from being a commissioner of an authority.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-305 - Chair and Vice Chair

(a)    (1)    The chief elected official shall choose as chair a commissioner who is appointed when the authority is first activated.
(2)    When the office of the chair becomes vacant thereafter, the authority shall choose a chair from among its commissioners.
(b)    An authority shall choose a vice chair from among its commissioners.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-306 - Vesting of Powers; Quorum; Votes on Action

(a)    The powers of each authority are vested in the commissioners.
(b)    A quorum is:
(1)    three commissioners of a five-member authority;
(2)    four commissioners of a seven-member authority; or
(3)    five commissioners of a nine-member authority.
(c)    An authority may take action on a vote of a majority of the commissioners present at a meeting at which there is a quorum, unless a larger number is required by law or the bylaws of the authority.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-307 - Compensation and Reimbursement

With the approval of the legislative body, a commissioner of an authority may receive reasonable compensation for the commissioner’s services and is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner’s duties.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-308 - Staff

(a)    (1)    An authority may employ:
(i)    a secretary, who shall serve as executive director; and
(ii)    technical experts and other officers, agents, and employees, permanent and temporary.
(2)    An authority shall determine the qualifications, duties, and compensation of its employees.
(b)    For legal services, an authority may use the chief law officer of the political subdivision or may employ its own counsel and legal staff.
(c)    An authority may delegate to one or more of its agents or employees the powers or duties it considers proper.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-309 - Liability of Commissioners and Staff

(a)    Each commissioner, the executive director, and each employee of an authority is:
(1)    a local official for the purposes of Title 5, Subtitle 8, Part II of the General Provisions Article and subject to local ethics laws; and
(2)    an employee of a local government for the purposes of Title 5, Subtitle 3 of the Courts and Judicial Proceedings Article and entitled to the protections of the Local Government Tort Claims Act.
(b)    A commissioner of an authority is not liable for a statement made or action taken in good faith in the exercise or performance of a power or duty of the commissioner.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-310 - Prohibited Financial Interests; Disclosure Requirements

(a)    Except for bonds purchased before appointment and interests in mutual funds, a commissioner or employee of an authority may not acquire any direct or indirect interest in a housing project or in property included or planned to be included in a housing project.
(b)    A commissioner or employee of an authority may not have any direct or indirect interest in a contract or proposed contract for materials or services to be furnished or used in connection with a housing project.
(c)    (1)    A commissioner or employee of an authority who owns or controls a direct or indirect interest in property included or planned to be included in a housing project shall immediately disclose the interest in writing to the authority.
(2)    The disclosure shall be entered in the minutes of the authority.
(3)    Failure to disclose the interest is misconduct in office.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-311 - Removal

(a)    A commissioner of an authority may be removed by the chief elected official in accordance with this section for neglect of duty or misconduct in office, including violations of local ethics laws and misconduct identified in § 12-310 of this subtitle.
(b)    (1)    The chief elected official shall file charges with the office of the custodian of records and promptly deliver a copy of the charges to the commissioner and to the secretary of the authority.
(2)    Written notice of the date, time, and place of a hearing shall be given to the commissioner at least 14 days before the hearing.
(3)    Unless the commissioner has resigned from office, the chief elected official shall hold the hearing, at which the commissioner shall have an opportunity to be represented by counsel and to be heard in person.
(4)    On completion of the hearing, the chief elected official shall make written findings.
(c)    If a commissioner of an authority is removed, a record of the proceedings and the charges and findings shall be filed in the office of the custodian of records.
(d)    (1)    On the filing of charges under subsection (b)(1) of this section with the office of the custodian of records, the chief elected official may temporarily suspend a commissioner of an authority.
(2)    The chief elected official shall immediately reinstate the commissioner in office if the chief elected official finds the charges have not been substantiated.
(3)    The commissioner shall be reinstated automatically, unless a hearing on removal has been held and a decision made by the chief elected official within 45 days after the filing of charges.
(4)    The chief elected official may not temporarily appoint a person to perform the duties of a suspended member.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 3 - Commissioners › Section 12-312 - Loans and Donations to Code Authority

(a)    (1)    When a code authority becomes authorized to do business and exercise its powers, the political subdivision:
(i)    immediately shall estimate the amount of money necessary for the administrative expenses and overhead of the code authority during the first year thereafter; and
(ii)    shall appropriate that amount to the code authority out of money in the political subdivision’s treasury not appropriated to some other purpose.
(2)    The political subdivision shall pay the money appropriated to the code authority as a donation.
(b)    (1)    Subject to paragraph (2) of this subsection, the political subdivision shall appropriate to the code authority money needed to comply with any requirement imposed on it by its articles of organization, if enough money for the code authority to comply is not available from State, federal, or other sources.
(2)    A political subdivision is not required to provide any money for a code authority to satisfy a judgment, liability, debt, or other financial obligation to a third party.
(c)    (1)    A political subdivision located wholly or partly in the area of operation of a code authority may lend, donate, or agree to lend or donate money to the code authority.
(2)    The code authority, when it has the money available, shall reimburse the political subdivision for all loans made to it by the political subdivision.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 4 - Duties of Authorities › Section 12-401 - Statement of Policy

(a)    It is State policy that an authority:
(1)    shall manage and operate its housing projects efficiently to enable it to fix the rent for housing units at the lowest rates consistent with its providing decent, safe, and sanitary housing units and meeting the financial needs under subsection (b) of this section; but
(2)    may not operate for profit or as a source of revenue to the political subdivision.
(b)    An authority shall fix the rents for housing units in its housing projects at rates no higher than it finds necessary to produce revenues that with all other available money, revenue, income, and receipts will be sufficient to:
(1)    pay the principal and interest on bonds of the authority, as they become due;
(2)    pay and provide for maintaining and operating the housing projects, including the cost of insurance and the administrative expenses of the authority;
(3)    (i)    create during a period of at least 6 years right after it issues any bonds, a reserve that can meet the largest principal and interest payments that will be due on the bonds in any year thereafter; and
(ii)    maintain the reserve;
(4)    create reserves for operations, emergencies, renovations, replacements, and the repayment of debt; and
(5)    create funds necessary or desirable to:
(i)    subsidize rents;
(ii)    develop or operate housing projects; or
(iii)    operate or provide services located in housing projects or that otherwise benefit their residents.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 4 - Duties of Authorities › Section 12-402 - Rental Requirements

Except for rental units that may be occupied by others under § 12-503(a)(4) of this title, an authority:
(1)    shall rent the housing units in a housing project only:
(i)    to persons of eligible income, except for a reasonable number of housing units that may be occupied by management and security personnel; and
(ii)    at rentals within the financial reach of persons of eligible income;
(2)    may not accept a person as a tenant in a housing project if the aggregate annual income of the person or persons who would occupy the housing unit exceeds the maximum income level established for persons of eligible income; and
(3)    shall prohibit subletting by tenants.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 4 - Duties of Authorities › Section 12-403 - Applicability of Local Law

Except as provided in § 12-506(b)(9) of this title, all housing projects of an authority are subject to the planning, zoning, sanitary, health, fire, housing, subdivision, and building laws, ordinances, codes, rules, and regulations that apply where the housing project is located.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 4 - Duties of Authorities › Section 12-404 - Obligations of Authority to Political Subdivision

(a)    At least annually, an authority shall file with the custodian of records a financial report of its activities for the preceding year and recommend any further action by the political subdivision that it considers necessary or useful to carry out the purpose of this Division II.
(b)    The political subdivision may require an authority to provide it with an annual operating budget and program reports that the political subdivision designates.
(c)    The political subdivision or its designee may at any time:
(1)    examine the books and records of the authority; or
(2)    conduct an audit of the authority.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 4 - Duties of Authorities › Section 12-405 - Power of Authority to Vest Rights in Obligee

This subtitle does not limit the power of an authority to vest in an obligee the right, if the authority defaults, to:
(1)    take possession of a housing project;
(2)    have a receiver of a housing project appointed; or
(3)    acquire title to a housing project, through foreclosure or otherwise, free from all restrictions of this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 5 - Powers and Limitations on Powers › Section 12-501 - Status of Authorities

An authority is a public body corporate and politic that:
(1)    exercises public and essential governmental functions; and
(2)    has all the powers necessary or convenient to carry out the purposes of this Division II.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 5 - Powers and Limitations on Powers › Section 12-503 - Enumerated Powers -- Powers Authorized by Articles of Organization

(a)    If authorized under its articles of organization, an authority within its area of operation may:
(1)    make mortgage loans and mortgage subsidy payments to or for the benefit of persons of eligible income;
(2)    make construction loans and long-term mortgage loans to any person to produce housing for persons of eligible income;
(3)    purchase mortgages secured by housing for persons of eligible income;
(4)    subject to any applicable agreement, allow a number of residents of a housing project or a part of one that the authority finances to have incomes above the levels for persons of eligible income, if the number does not exceed the percentage allowed in the articles of organization, which may not exceed 80%;
(5)    acquire, develop, construct, rehabilitate, own, operate, and lease, as lessor or lessee, commercial facilities on the site of a housing project that make an economic or social contribution to the housing project, if:
(i)    the commercial facilities are intended substantially for the use and benefit of the tenants of the housing project; and
(ii)    the intended use by other persons is incidental;
(6)    with the approval of the legislative body and the chief elected official, acquire, develop, construct, rehabilitate, own, operate, and lease, as lessor or lessee, commercial facilities that:
(i)    are adjacent to the site of a housing project;
(ii)    are not intended substantially for the use and benefit of the tenants of the housing project; or
(iii)    are intended for use more than incidentally by persons other than the tenants of the housing project; and
(7)    act and invest as a general partner and as a limited partner in housing projects.
(b)    This section does not limit the powers granted to authorities by other titles in this Division II.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 5 - Powers and Limitations on Powers › Section 12-504 - Enumerated Powers -- Effect on Economic Competition

(a)    An authority may exercise the powers that are granted by this Division II, even if economic competition is displaced or limited as a result.
(b)    This section does not preempt or supersede the regulatory authority of a State unit under public general law.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 12 - Provisions of Statewide Applicability › Subtitle 5 - Powers and Limitations on Powers › Section 12-505 - Exemption From State Law on Property Transactions

Unless the General Assembly specifically states otherwise, State law on the financing, acquisition, operation, or disposition of property by other State public bodies does not apply to an authority.