Maryland Housing Authorities Section 1-202

      (a)      Any housing authority activated prior to July 1, 1990 may be governed by articles of organization by satisfying the requirements of either subsection (b) or subsection (c) of this section, filing with the Secretary of State in accordance with subsection (d) of this section and having the Secretary of State issue a certificate of approval in accordance with subsection (e) of this section. Any such articles of organization shall comply with § 1-203(b) of this subtitle.

      (b)      In order to adopt articles of organization pursuant to this subsection, articles of organization for the authority shall be:

            (1)      Recommended in writing by the local government's chief elected official;

            (2)      Approved by an extraordinary majority of the housing authority's board of commissioners; and

            (3)      Adopted by an extraordinary majority of the local government's legislative body.

      (c)      In order to adopt articles of organization pursuant to this subsection, the following requirements shall be met:

            (1)      The custodian of records of the local government shall provide documentation to the Secretary of State that within 5 years prior to the date the documentation is submitted the following requirements have been satisfied:

                  (i)      The local government, within each of any 3 fiscal years within such 5-year period, has provided financial assistance to the authority from local tax revenues or bond sale proceeds in an amount equal to the greater of:

                        1.      The product of $1 times the number of residents of the local jurisdiction as published annually by the Department of Health and Mental Hygiene or as otherwise available; or

                        2.      The product of $100 times the total number of dwelling units owned or managed by the authority; and

                  (ii)      The authority, at the request and with the financial support of the local jurisdiction, is operating 1 or more housing projects for which the federal government provided no more than half of the development and operating costs; and

            (2)      Articles of organization shall be:

                  (i)      Recommended in writing by the local government's chief elected official;

                  (ii)      Approved by a resolution of the housing authority's board of commissioners; and

                  (iii)      Adopted by a resolution or ordinance of the local government's legislative body.

      (d)      A copy of the documentation described in subsection (c)(1) of this section, if applicable, and the articles of organization and the recommending, approving, and adopting instruments described in subsection (b) or (c)(2) of this section, as applicable, shall be filed by the custodian of records with the Secretary of State along with the following certifications:

            (1)      The certification of the local government's custodian of records that the articles have been recommended and adopted by the local government in accordance with the requirements of subsection (b)(1) and (3) or subsection (c)(2)(i) and (iii) of this section, as applicable; and

            (2)      The certification of the secretary of the authority that the articles have been approved by the housing authority's board of commissioners in accordance with the requirements of subsection (b)(2) or subsection (c)(2)(ii) of this section, as applicable.

      (e)      (1)      If the Secretary of State finds that the requirements of subsection (b) or (c) and subsection (d) of this section have been satisfied, the Secretary of State shall endorse the articles "approved" and issue a certificate of approval attached to the endorsed articles.

            (2)      Upon issuance of the certificate of approval, the articles of organization as filed are effective and are conclusively considered to have been lawfully and properly adopted.

      (f)      (1)      Appointments of commissioners under the articles of organization shall be made in accordance with § 1-207 of this subtitle. The terms of office of the existing commissioners shall end as of the effective date of the initial appointments under the articles of organization.

            (2)      (i)      The chief elected official shall reappoint all commissioners in office prior to the effective date of the initial appointments under the articles of organization for terms of office as commissioners under the articles of organization, except that:

                        1.      Any commissioner who has delivered written notice to the chief elected official declining reappointment may not be reappointed; and

                        2.      If the number of members on the board of commissioners is reduced by the articles of organization such that there are not enough positions for the commissioners who did not decline reappointment, the chief elected official shall choose which existing commissioners to reappoint; and

                  (ii)      Notwithstanding § 1-203(b)(3) of this title, any other provision of this article or the articles of organization, reappointments by the chief elected official under this subsection do not require prior approval by the legislative body.