2013 Maryland Code
HOUSING AND COMMUNITY DEVELOPMENT
§ 12-104 - Tax-exempt status


MD House & Comm Dev Code § 12-104 (2013) What's This?

§12-104.

(a) In this section, “Baltimore Housing Authority entity” means an entity:

(1) that is wholly owned by the Housing Authority of Baltimore City; or

(2) in which the Housing Authority of Baltimore City or an entity wholly owned by the Housing Authority of Baltimore City has an ownership interest.

(b) (1) In this subsection, “nonprofit housing corporation” means a nonprofit or charitable private corporation that provides safe and sanitary housing to persons of eligible income in such a way that the corporation works essentially like an authority under this Division II.

(2) Property is used for essential public and governmental purposes and is exempt from all taxes and special assessments of the State or a political subdivision if the property:

(i) belongs to an authority or a nonprofit housing corporation; or

(ii) is used as housing for persons of eligible income and belongs to a Baltimore Housing Authority entity.

(3) In lieu of those taxes and special assessments, an authority, a nonprofit housing corporation, or a Baltimore Housing Authority entity shall pay the political subdivision in which a housing project is wholly or partly located an amount, if any, that may be set by mutual agreement and that does not exceed the amount of regular taxes levied on similar property.

(c) (1) Except as provided in paragraph (2) or (3) of this subsection:

(i) all real property of an authority is exempt from levy and sale by virtue of an execution;

(ii) an execution or other judicial process may not issue against the real property; and

(iii) a judgment against an authority is not a charge or lien on the authority’s real property.

(2) Paragraph (1) of this subsection does not limit a right to foreclose or otherwise enforce:

(i) a mortgage or deed of trust recorded against property of an authority; or

(ii) a pledge or lien given by an authority on its rents, fees, or revenues.

(3) This subsection does not deprive a political subdivision of its right to collect money agreed to be paid in lieu of taxes in the same manner as taxes are now or may be collected under State law and the laws of the political subdivision.

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