US Laws, Codes, Statutes & Cases

      (a)      It is hereby found and declared that there exists within Baltimore City a critical shortage of decent, safe, and sanitary dwelling accommodations available either to rent or purchase which persons of eligible income can afford and that, as a result, such persons are forced to occupy overcrowded and congested dwelling accommodations, or are required to pay an inordinate share of their income for shelter; that the aforesaid conditions necessitate excessive and disproportionate expenditures of public funds for public health and safety, fire and accident protection, and other public services and facilities; that the shortage of decent, safe, and sanitary dwellings cannot wholly be relieved through the operation of private enterprise; and that the construction of housing for persons of eligible income, and the expenditure of public funds to assist in securing the production of such housing are, therefore, not competitive with private enterprise; and that the necessity for such construction and the expenditure of public funds in the public interest, for the provisions hereinafter enacted, are hereby declared as a matter of legislative determination to be valid public purposes.

      (b)      The Housing Authority of Baltimore City shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article. In addition to the powers enumerated in this article, the Housing Authority is authorized to exercise all or any part or combination of such powers to provide for housing or housing projects for persons of eligible income.

      (c)      In addition to the powers enumerated in this article and any powers given by local law, the Housing Authority of Baltimore City, in providing housing for persons of eligible income in accordance with subsection (b) of this section, shall have the following powers:

            (1)      Within its area of operation: to make mortgage loans and make rent subsidy payments to persons of eligible income.

            (2)      Within its area of operation: to make construction loans and long-term mortgage loans to any person, firm, partnership, association, joint venture, or corporation, public or private, to produce housing for persons of eligible income.

            (3)      Within its area of operation: to purchase and to insure mortgages secured by housing for persons of eligible income.

            (4)      Within its area of operation: to exercise each of the powers enumerated from time to time in § 1-302(a) of this article. For the purposes of § 1-302(a)(4) of this article, the maximum percentage having incomes above the levels established for persons of eligible income shall be 80 percent.

      (d)      (1)      In addition to the powers enumerated in this article, the Authority may exercise its powers as granted by this article irrespective of the fact that such activities may displace or limit economic competition.

            (2)      The powers granted to the Authority pursuant to paragraph (1) of this subsection may not be construed:

                  (i)      To grant to the Authority powers in any substantive area not otherwise granted to the Authority by other public general or public local law;

                  (ii)      To restrict the Authority from exercising any power granted to the Authority by other public general or public local law or otherwise;

                  (iii)      To authorize the Authority or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or

                  (iv)      To preempt or supersede the regulatory authority of any State department or agency under any public general law.

      (e)      For purposes of this section, the phrase "housing or housing project for persons of eligible income" means any undertaking or project, or portion thereof, including lands, buildings and improvements, real, mixed and personal properties or interest therein that is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved for purposes of providing dwelling accommodations, a substantial portion of which accommodations shall be for persons of eligible income, and such streets, roads, sewer and waterlines, and other supporting public and private facilities intended for commercial, educational, cultural, recreational, community, or other civic purposes as may be deemed necessary for sound community development.

      (f)      When used in § 1-402 of this article or in this section, as applied to the Housing Authority of Baltimore City, "persons of eligible income" shall mean persons who individually or as part of a family unit lack sufficient income or assets (as determined by the Mayor of Baltimore City or his designee) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding.

      (g)      Wherever the term "resolution" or "ordinance" is used in this article, referring to action of a local government or its legislative body, as herein defined, it shall be taken to mean "ordinance of the Mayor and City Council of Baltimore", where applied to action by Baltimore City or its legislative body.

      (h)      Notwithstanding § 1-207(b) of this article, in Baltimore City, employees of the Department of Housing and Community Development or of any City agency succeeding to its functions may be Commissioners of the Housing Authority of Baltimore City.

      (i)      Notwithstanding § 1-301 of this article, no housing project as defined or described in § 1-103(l) of this article shall be commenced, arranged, contracted for, or carried out in the City of Baltimore unless and until its location has been submitted to and approved by the Board of Estimates of Baltimore City.

      (j)      Section 1-402 of this article may not be construed as limiting the power of the Housing Authority of Baltimore City to rent or lease housing or housing projects to persons of eligible income. When used in § 1-402 of this article or in this subsection, as applied to the Housing Authority of Baltimore City, the phrase "housing or housing project" shall be defined as any undertaking or project, or portion thereof, including lands, buildings and improvements, real, mixed and personal properties, or interest therein that is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved for purposes of providing dwelling accommodations, a substantial portion of which accommodations shall be for persons of eligible income, and such streets, roads, sewer and waterlines, and other supporting public and private facilities intended for commercial, educational, cultural, recreational, community, or other civic purposes as may be deemed necessary for sound community development.

      (k)      The enumeration of powers set forth in subsection (c) of this section may not be construed in any way to imply that the exercise of any such powers by the Housing Authority of Baltimore City prior to the effective date hereof was not authorized by prior law.