Maryland 2022 2022 Regular Session

Maryland House Bill HB1398 Engrossed / Bill

Filed 03/19/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *hb1398*  
  
HOUSE BILL 1398 
Q2   	2lr3097 
      
By: Delegates Attar, Amprey, Boyce, C. Branch, Bridges, Clippinger, Conaway, 
R. Lewis, Lierman, McIntosh, Prettyman, Rosenberg, Smith, and Wells 
Introduced and read first time: February 17, 2022 
Assigned to: Rules and Executive Nominations 
Re–referred to: Ways and Means, February 27, 2022 
Committee Report: Favorable 
House action: Adopted 
Read second time: March 13, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Property Taxes – Baltimore City Residential Retention Credit – Termination of 2 
Sunset 3 
 
FOR the purpose of terminating the sunset of a certain property tax credit against the 4 
property tax imposed on a certain dwelling in Baltimore City that is newly purchased 5 
by a homeowner who has received the homestead property tax credit for a dwelling 6 
in Baltimore City; and generally relating to a property tax credit in Baltimore City. 7 
 
BY repealing and reenacting, without amendments, 8 
 Article – Tax – Property 9 
Section 9–304(g) 10 
 Annotated Code of Maryland 11 
 (2019 Replacement Volume and 2021 Supplement) 12 
 
BY repealing and reenacting, with amendments, 13 
 Chapter 623 of the Acts of the General Assembly of 2014 14 
Section 3 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Tax – Property 18 
  2 	HOUSE BILL 1398  
 
 
9–304. 1 
 
 (g) (1) (i) In this subsection the following words have the meanings 2 
indicated. 3 
 
 (ii) “Director” means the Director of the Department of Finance of 4 
Baltimore City. 5 
 
 (iii) “Dwelling” has the meaning indicated in § 9–105 of this title. 6 
 
 (iv) “Homeowner” has the meaning indicated in § 9–105 of this title. 7 
 
 (2) The Mayor and City Council of Baltimore City shall grant, by law, a 8 
property tax credit under this subsection against the county property tax imposed on a 9 
dwelling located in Baltimore City that is newly purchased by a homeowner who has 10 
received a credit under § 9–105 of this title for the preceding 5 years for a dwelling located 11 
in Baltimore City. 12 
 
 (3) (i) To qualify for the credit under this subsection, a homeowner 13 
shall submit an application to the Director as provided in this paragraph. 14 
 
 (ii) The application shall be: 15 
 
 1. made on the form that the Director requires; and 16 
 
 2. according to procedures established by the Director. 17 
 
 (4) (i) The credit under this subsection is a fixed amount of $4,000 to be 18 
applied to the homeowner’s property tax bill over a period of 5 years as follows: 19 
 
 1. $1,000 in the first year; 20 
 
 2. $900 in the second year; 21 
 
 3. $800 in the third year; 22 
 
 4. $700 in the fourth year; and 23 
 
 5. $600 in the fifth year. 24 
 
 (ii) 1. The Mayor and City Council of Baltimore City may 25 
increase the total amount provided under subparagraph (i) of this paragraph by up to an 26 
additional $1,000 for a homeowner who purchases a dwelling located within a low or 27 
moderate income census tract, as designated from time to time by the U.S. Department of 28 
Housing and Urban Development and in which at least 51% of the persons living in the 29 
tract are in households earning 80% or less of the area median income. 30 
   	HOUSE BILL 1398 	3 
 
 
 2. A homeowner residing within a low or moderate income 1 
census tract as described under subsubparagraph 1 of this subparagraph when t he 2 
homeowner submits an application under paragraph (3) of this subsection shall remain 3 
eligible for the increased credit under this subparagraph even if the census tract changes 4 
following the date of application and the homeowner would otherwise be ineligible for the 5 
increased credit during the 5–year period. 6 
 
 3. The Director may establish additional criteria necessary 7 
to carry out this subparagraph. 8 
 
 (5) A homeowner may not receive the credit under this subsection, or a 9 
portion of the credit, if, in any year, the application of the credit, or a portion of the credit, 10 
would reduce the homeowner’s property tax liability below the homeowner’s property tax 11 
liability for the dwelling previously occupied by the homeowner. 12 
 
 (6) In any year in which a homeowner receives a credit under this 13 
subsection, the homeowner may not receive: 14 
 
 (i) the local portion of the credit under § 9–105 of this title; or 15 
 
 (ii) except for the property tax credit provided under § 9–221 of this 16 
title, any other property tax credit provided by Baltimore City. 17 
 
 (7) The credit under this subsection may not be transferred to: 18 
 
 (i) a person who purchases a dwelling from a homeowner who 19 
received the credit under this subsection; or 20 
 
 (ii) a dwelling that is subsequently purchased by a homeowner who 21 
received the credit under this subsection. 22 
 
 (8) After the termination of the credit under this subsection, a homeowner 23 
is entitled to the local portion of the credit under § 9–105 of this title, which shall be 24 
calculated: 25 
 
 (i) as if the homeowner had received the credit under § 9–105 of this 26 
title beginning in the second year the homeowner occupied the dwelling; and 27 
 
 (ii) based on the full assessed value of the dwelling in each year the 28 
homeowner received the credit under this subsection. 29 
 
 (9) (i) Baltimore City shall allocate no more than $3,000,000 for each 30 
year that applications for the credit under this subsection are accepted to pay: 31 
 
 1. the total cost of the credits for the approved applicants 32 
during the year for the entire period during which the applicants will receive the credit; 33 
and 34  4 	HOUSE BILL 1398  
 
 
 
 2. the cost of administering the credit by the Department of 1 
Finance of Baltimore City. 2 
 
 (ii) The Director shall review and approve applications for the credit 3 
under this subsection based on: 4 
 
 1. the date the application was received; and 5 
 
 2. the availability of the funds allocated for the credit under 6 
subparagraph (i) of this paragraph. 7 
 
 (10) The Department of Finance of Baltimore City may adopt regulations as 8 
necessary to carry out this subsection. 9 
 
Chapter 623 of the Acts of 2014 10 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 11 
1, 2014. [It shall remain effective for a period of 10 years and 1 month and, at the end of 12 
June 30, 2024, with no further action required by the General Assembly, this Act shall be 13 
abrogated and of no further force and effect.]  14 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 15 
1, 2022. 16 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.