Maryland 2022 2022 Regular Session

Maryland House Bill HB1196 Chaptered / Bill

Filed 06/07/2022

                     LAWRENCE J. HOGAN, JR., Governor Ch. 663 
 
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Chapter 663 
(House Bill 1196) 
 
AN ACT concerning 
 
Tax Sales – Alternative Collection Programs 
 
FOR the purpose of authorizing a county or municipal corporation to withhold from tax sale 
property that meets objective criteria established by law by the governing body of 
the county or municipal corporation; repealing the termination date of the authority 
of a county or municipal corporation to withhold from tax sale owner–occupied 
residential property and requiring the property to meet certain criteria; authorizing 
a county or municipal corporation to withhold from tax sale a residential property or 
a property owned by a nonprofit organization that is enrolled in a payment program 
established by law by the governing body of the county or municipal corporation; 
authorizing a county or municipal corporation to cancel or postpone a tax sale during 
a state of emergency; and generally relating to the tax sales of property. 
 
BY repealing and reenacting, without amendments, 
 Article – Tax – Property 
Section 14–808(a)(1) and 14–811(b), (e), and (f) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Tax – Property 
Section 14–811(a)(1) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing 
 Article – Tax – Property 
Section 14–811(c) and (d) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY adding to 
 Article – Tax – Property 
Section 14–811(c) and (d) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Tax – Property  Ch. 663 	2022 LAWS OF MARYLAND  
 
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14–808. 
 
 (a) (1) Except for property that has been transferred by a municipality or 
county to a land bank authority established under § 1–1403 of the Local Government 
Article, and except as provided under § 14–811 of this subtitle, the collector shall proceed 
to sell and shall sell under this subtitle, at the time required by local law but in no case, 
except in Baltimore City, later than 2 years from the date the tax is in arrears, all property 
in the county in which the collector is elected or appointed on which the tax is in arrears. 
 
14–811. 
 
 (a) (1) Except as provided in [subsections (b) and (e) of] this section, the 
collector may withhold from sale any property, when the total taxes on the property, 
including interest and penalties, amount to less than $250 in any 1 year. 
 
 (2) [During the period from June 1, 2021, through June 30, 2023, the] THE 
governing body of a county or municipal corporation may withhold from sale 
owner–occupied residential property THAT MEETS OBJECTIVE CRIT ERIA ESTABLISHED 
BY THE GOVERNING BOD Y OF THE COUNTY OR M UNICIPAL CORPORATION .  
 
 (b) (1) The collector may withhold from sale any residential property, when 
the total taxes on the property, including interest and penalties, amount to less than $750. 
 
 (2) In Baltimore City, the collector shall withhold from sale 
owner–occupied residential property, when the total taxes on the property, including 
interest and penalties, amount to less than $750. 
 
 (3) In Baltimore City, the collector shall withhold from sale residential 
property or property that is exempt from taxation under § 7–204(1) or (2) of this article, if 
the taxes on the property consist only of a lien for unpaid charges for water and sewer 
service. 
 
 [(c) Except as provided in subsection (d) of this section, the governing body of a 
county or municipal corporation may withhold from sale property that has been designated 
for redevelopment purposes if: 
 
 (1) the county or municipal corporation certifies that the property: 
 
 (i) is a vacant lot; or 
 
 (ii) has a building or structure that is: 
 
 1. vacant; and 
 
 2. unsafe or unfit for habitation;   LAWRENCE J. HOGAN, JR., Governor Ch. 663 
 
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 (2) the governing body of the county or municipal corporation finds that 
withholding the property from sale under this subsection is necessary: 
 
 (i) to eliminate a blighting influence; and 
 
 (ii) to prevent the tax abandonment of the property; and 
 
 (3) the property meets any additional objective criteria established by the 
governing body of the county or municipal corporation for withholding property from sale 
for redevelopment purposes.]  
 
 (C) (D) (1) THE GOVERNING BODY OF A COUNTY OR MUNICIPA L 
CORPORATION MAY WITH HOLD FROM SALE ANY A RESIDENTIAL PROPERTY OR A 
PROPERTY OWNED BY A NONPROFIT ORGANIZATI ON IF: 
 
 (I) THE PROPERTY MEETS O BJECTIVE CRITERIA ES TABLISHED 
BY LAW BY THE GOVERN ING BODY OF THE COUN TY OR MUNICIPAL CORP ORATION 
FOR WITHHOLDING PROP ERTY FROM SALE ; OR 
 
 (II) THE PROPERTY IS ENRO LLED IN A PAYMENT PR OGRAM 
ESTABLISHED BY LAW B Y THE GOVERNING BODY OF THE COUNTY OR MUNICI PAL 
CORPORATION FOR THE PAYMENT OF TAXES IN ARREARS.  
 
 (2) IF THE GOVERNING BODY OF A COUNTY OR MUNIC IPAL 
CORPORATION WITHHOLD S PROPERTY FROM SALE UNDER PARAGRAPH (1) OF THIS 
SUBSECTION, THE GOVERNING BODY S HALL ARRANGE FOR THE PAYMENT TO THE 
STATE OF ANY STATE PROPERTY TAXES IN ARREARS ON THE PR OPERTY. 
 
 [(d) (E) Baltimore City may withhold from sale property that has been 
designated for redevelopment purposes if the property meets objective criteria established 
by the Mayor and City Council of Baltimore City.] 
 
 (D) (F) THE GOVERNING BODY OF A COUNTY OR MUNICIPA L 
CORPORATION MAY CANC EL OR POSTPONE A TAX SALE DURING A STATE OF 
EMERGENCY DECLARED : 
 
 (1) BY THE GOVERNOR IN ACCORDANC E WITH TITLE 14 OF THE 
PUBLIC SAFETY ARTICLE; OR 
 
 (2) BY A COUNTY OR MUNIC IPAL CORPORATION IN ACCORDANCE 
WITH STATE AND LOCAL LAW . 
  Ch. 663 	2022 LAWS OF MARYLAND  
 
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 (e) (G) The collector shall withhold from sale under this part of this subtitle 
any real property designated by the governing body of a county or municipal corporation 
for foreclosure and sale under Part V of this subtitle. 
 
 (f) (H) (1) In this subsection, “dwelling” and “homeowner” have the meanings 
stated in § 9–105 of this article. 
 
 (2) The governing body of a county or municipal corporation may withhold 
from sale a dwelling owned by a homeowner who is low–income, at least 65 years old, or 
disabled if the homeowner meets eligibility criteria established by the county or municipal 
corporation.  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2022.  
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.