Maryland Housing Authorities Section 1-103

Article - Housing Authorities

§ 1-103.

      (a)      In this article the following terms have the meanings indicated.

      (b)      "Area of operation" of a housing authority shall include:

            (1)      As to a city, the area within the city's territorial boundaries except with respect to:

                  (i)      The administration of rent subsidy payments and housing assistance programs for both eligible landlords and tenants;

                  (ii)      The ownership or management of housing projects in operation before January 1, 1990; and

                  (iii)      Housing projects developed, owned, or operated at the request of and within the territorial boundaries of another local jurisdiction; and

            (2)      As to a county, all of the county, provided that, with the exception of the administration of rent subsidy payments and housing assistance programs for both eligible landlords and tenants and the ownership or management of housing projects in operation before January 1, 1991, it may not include that portion of the county which lies within the territorial boundaries of any city for which a housing authority may be created under this article, unless the governing body of any such city shall by proper resolution consent to its inclusion in the area of operation of such county authority.

      (c)      "Authority" or "housing authority" shall mean any of the public corporations created under this article. "Existing housing authority" shall mean a housing authority activated prior to July 1, 1990.

      (d)      "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this article.

      (e)      "Chief elected official" shall mean the chief publicly elected executive official of the local jurisdiction or the person appointed to fill a vacancy. In local jurisdictions which do not have a chief publicly elected executive official, the board of commissioners or other legislative body of the local jurisdiction shall take the actions required of the chief elected official under this article.

      (f)      "City" shall mean any incorporated city, town, municipality, or municipal corporation chartered under Article 23A, and the Mayor and City Council of Baltimore. "The city" shall mean the particular city for which a particular housing authority is created.

      (g)      "County" shall mean any of the 23 counties of Maryland. "The county" shall mean the particular county for which a particular housing authority is created.

      (h)      "Custodian of records" shall mean the clerk of the local government, or the officer charged with the duties customarily imposed on such a clerk, or the local government official designated by the local government to serve as the custodian of records of the local government for the purposes of this article.

      (i)      "Economically depressed or physically deteriorated area" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors are detrimental to safety, health, and morals.

      (j)      "Extraordinary majority" shall mean an affirmative vote by two-thirds or more of the authorized number of members of the legislative body or the housing authority's board of commissioners, as applicable.

      (k)      "Federal government" shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

      (l)      (1)      "Housing project" shall mean any work or undertaking:

                  (i)      To demolish, clear, or remove buildings from any economically depressed or physically deteriorated area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes;

                  (ii)      To provide decent, safe, and sanitary living accommodations for persons of eligible income and, to the extent authorized in accordance with § 1-302(a)(4) of this title, for other persons; such work or undertaking, or portion thereof, may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or

                  (iii)      To accomplish a combination of the foregoing.

            (2)      The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith.

      (m)      "Legislative body" shall mean the council, commissioners, or other legislative body of the city or county.

      (n)      "Local government" or "local jurisdiction" shall mean any county or city (as defined herein). "The local government" or "the local jurisdiction" shall mean the particular city or county for which a particular housing authority is created.

      (o)      "Military personnel" shall include all civilian and military employees of the military and naval forces of the United States and their families and dependents who are living with them.

      (p)      "Nonprofit housing corporation" shall mean a nonprofit or charitable private corporation providing safe and sanitary dwelling accommodations to persons of eligible income, in such manner as to be essentially similar in operation and function to any housing authority operating under the authority of this article.

      (q)      "Obligee of the authority" or "obligee" shall include any bondholder, trustee, or trustee for any bondholder, noteholder, or a lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the State or federal government when it is a party to any contract with the authority.

      (r)      "Persons of eligible income" shall mean:

            (1)      As to projects that are State or federally funded, individuals or families who meet the income requirements of the State or federal program involved; and

            (2)      As to other projects, individuals, or families who lack sufficient income or assets (as determined by the chief elected official or the chief elected official's designee, which designee may include, without limitation, either the executive director or the commissioners of the authority) to enable them, without financial assistance, to purchase or rent decent, safe, and sanitary dwellings without overcrowding. The determination of income levels may vary with respect to the elderly, individuals with disabilities, other persons with special needs, particular projects or programs, or particular geographic areas within the local jurisdiction.

      (s)      "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.

      (t)      "State public body" shall mean any incorporated city or town or any county, municipal corporation, commission, district, authority, other subdivision, or public body of the State.



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