Maryland 2022 Regular Session

Maryland House Bill HB1398 Latest Draft

Bill / Chaptered Version Filed 05/19/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 332 
 
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Chapter 332 
(House Bill 1398) 
 
AN ACT concerning 
 
Property Taxes – Baltimore City Residential Retention Credit – Termination of 
Sunset 
 
FOR the purpose of terminating the sunset of a certain property tax credit against the 
property tax imposed on a certain dwelling in Baltimore City that is newly purchased 
by a homeowner who has received the homestead property tax credit for a dwelling 
in Baltimore City; and generally relating to a property tax credit in Baltimore City. 
 
BY repealing and reenacting, without amendments, 
 Article – Tax – Property 
Section 9–304(g) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Chapter 623 of the Acts of the General Assembly of 2014 
Section 3 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Tax – Property 
 
9–304. 
 
 (g) (1) (i) In this subsection the following words have the meanings 
indicated. 
 
 (ii) “Director” means the Director of the Department of Finance of 
Baltimore City. 
 
 (iii) “Dwelling” has the meaning indicated in § 9–105 of this title. 
 
 (iv) “Homeowner” has the meaning indicated in § 9–105 of this title. 
 
 (2) The Mayor and City Council of Baltimore City shall grant, by law, a 
property tax credit under this subsection against the county property tax imposed on a 
dwelling located in Baltimore City that is newly purchased by a homeowner who has 
received a credit under § 9–105 of this title for the preceding 5 years for a dwelling located 
in Baltimore City. 
  Ch. 332 	2022 LAWS OF MARYLAND  
 
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 (3) (i) To qualify for the credit under this subsection, a homeowner 
shall submit an application to the Director as provided in this paragraph. 
 
 (ii) The application shall be: 
 
 1. made on the form that the Director requires; and 
 
 2. according to procedures established by the Director. 
 
 (4) (i) The credit under this subsection is a fixed amount of $4,000 to be 
applied to the homeowner’s property tax bill over a period of 5 years as follows: 
 
 1. $1,000 in the first year; 
 
 2. $900 in the second year; 
 
 3. $800 in the third year; 
 
 4. $700 in the fourth year; and 
 
 5. $600 in the fifth year. 
 
 (ii) 1. The Mayor and City Council of Baltimore City may 
increase the total amount provided under subparagraph (i) of this paragraph by up to an 
additional $1,000 for a homeowner who purchases a dwelling located within a low or 
moderate income census tract, as designated from time to time by the U.S. Department of 
Housing and Urban Development and in which at least 51% of the persons living in the 
tract are in households earning 80% or less of the area median income. 
 
 2. A homeowner residing within a low or moderate income 
census tract as described under subsubparagraph 1 of this subparagraph when the 
homeowner submits an application under paragraph (3) of this subsection shall remain 
eligible for the increased credit under this subparagraph even if the census tract changes 
following the date of application and the homeowner would otherwise be ineligible for the 
increased credit during the 5–year period. 
 
 3. The Director may establish additional criteria necessary 
to carry out this subparagraph. 
 
 (5) A homeowner may not receive the credit under this subsection, or a 
portion of the credit, if, in any year, the application of the credit, or a portion of the credit, 
would reduce the homeowner’s property tax liability below the homeowner’s property tax 
liability for the dwelling previously occupied by the homeowner. 
 
 (6) In any year in which a homeowner receives a credit under this 
subsection, the homeowner may not receive:   LAWRENCE J. HOGAN, JR., Governor Ch. 332 
 
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 (i) the local portion of the credit under § 9–105 of this title; or 
 
 (ii) except for the property tax credit provided under § 9–221 of this 
title, any other property tax credit provided by Baltimore City. 
 
 (7) The credit under this subsection may not be transferred to: 
 
 (i) a person who purchases a dwelling from a homeowner wh o 
received the credit under this subsection; or 
 
 (ii) a dwelling that is subsequently purchased by a homeowner who 
received the credit under this subsection. 
 
 (8) After the termination of the credit under this subsection, a homeowner 
is entitled to the local portion of the credit under § 9–105 of this title, which shall be 
calculated: 
 
 (i) as if the homeowner had received the credit under § 9–105 of this 
title beginning in the second year the homeowner occupied the dwelling; and 
 
 (ii) based on the full assessed value of the dwelling in each year the 
homeowner received the credit under this subsection. 
 
 (9) (i) Baltimore City shall allocate no more than $3,000,000 for each 
year that applications for the credit under this subsection are accepted to pay: 
 
 1. the total cost of the credits for the approved applicants 
during the year for the entire period during which the applicants will receive the credit; 
and 
 
 2. the cost of administering the credit by the Department of 
Finance of Baltimore City. 
 
 (ii) The Director shall review and approve applications for the credit 
under this subsection based on: 
 
 1. the date the application was received; and 
 
 2. the availability of the funds allocated for the credit under 
subparagraph (i) of this paragraph. 
 
 (10) The Department of Finance of Baltimore City may adopt regulations as 
necessary to carry out this subsection. 
 
Chapter 623 of the Acts of 2014  Ch. 332 	2022 LAWS OF MARYLAND  
 
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 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 
1, 2014. [It shall remain effective for a period of 10 years and 1 month and, at the end of 
June 30, 2024, with no further action required by the General Assembly, this Act shall be 
abrogated and of no further force and effect.]  
 
 SECTION 2. AND BE IT FURTHER ENACTED, Tha t this Act shall take effect June 
1, 2022. 
 
Approved by the Governor, May 12, 2022.