2013 Maryland Code
HOUSING AND COMMUNITY DEVELOPMENT
§ 12-101 - Definitions


MD House & Comm Dev Code § 12-101 (2013) What's This?

§12-101.

(a) In this Division II the following words have the meanings indicated.

(b) “Area of operation” means the geographical area within which an authority is empowered to act.

(c) “Authority” means a public corporation created as a housing authority under this Division II.

(d) “Bond” includes a note, an interim certificate, a debenture, and any other obligation issued by an authority under this Division II.

(e) “Chief elected official” means:

(1) the individual who exercises the office of the chief publicly elected executive official of the political subdivision; or

(2) in a political subdivision without a chief publicly elected executive official, the highest executive body.

(f) “Code authority” means an authority activated on or after July 1, 1990.

(g) “County” means a county of the State or Baltimore City.

(h) “Custodian of records” means:

(1) the clerk of the political subdivision;

(2) the officer charged with the duties customarily imposed on a clerk; or

(3) the political subdivision’s designee to be the custodian of records for this Division II.

(i) “Economically depressed or physically deteriorated area” means an area in which most housing is harmful to safety, health, and morals because of:

(1) dilapidation;

(2) overcrowding;

(3) faulty arrangement or design; or

(4) lack of ventilation, light, or sanitary facilities.

(j) “Extraordinary majority” means two-thirds or more of the authorized number of members of the legislative body or the board of commissioners of an authority, as applicable.

(k) (1) “Housing project” means a work or undertaking to:

(i) demolish, clear, or remove buildings from an economically depressed or physically deteriorated area; or

(ii) provide decent, safe, and sanitary housing for persons of eligible income and, to the extent authorized by § 12-503(a)(4) of this title, for other persons.

(2) “Housing project” includes:

(i) work connected to planning, constructing, reconstructing, altering, or repairing improvements, acquiring property, or demolishing structures;

(ii) adapting an economically depressed or physically deteriorated area to public purposes, including parks and other recreational or community purposes; and

(iii) acquiring buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable:

1. appurtenances;

2. streets;

3. sewers;

4. water service;

5. parks;

6. site preparation;

7. gardening; and

8. administrative, community, health, recreational, educational, welfare, or other purposes.

(l) “Legislative body” means the council, commissioners, or other legislative body of a political subdivision.

(m) “Military personnel” includes all civilian and military employees of the military and naval forces of the United States and their families and other dependents who are living with them.

(n) “Obligee” includes:

(1) a bondholder and a trustee for a bondholder;

(2) a lessor that leases to the authority property used in connection with a housing project, and an assignee of all or part of the lessor’s interest; and

(3) the State or federal government when it is a party to a contract with an authority.

(o) “Person” means an individual, a receiver, a trustee, a guardian, a personal representative, a fiduciary, a representative of any kind, a partnership, a firm, an association, a corporation, a public corporation, or any other entity.

(p) “Person of eligible income” means an individual or family that qualifies under § 12-106 of this subtitle.

(q) “Political subdivision” means a county or municipal corporation of the State.

(r) “Pre-existing authority” means an authority that was activated before July 1, 1990.

(s) “Real property” includes:

(1) land;

(2) improvements and fixtures on the land;

(3) property of any nature appurtenant to or used in connection with the land; and

(4) each legal or equitable estate, interest, and right in the land, including:

(i) terms for years and liens by way of judgment, mortgage, or otherwise; and

(ii) the indebtedness secured by those liens.

(t) “State public body” means any political subdivision, commission, district, authority, or unit of the State.

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