Maryland 2023 2023 Regular Session

Maryland Senate Bill SB848 Chaptered / Bill

Filed 05/10/2023

                     	WES MOORE, Governor 	Ch. 446 
 
– 1 – 
Chapter 446 
(Senate Bill 848) 
 
AN ACT concerning 
 
Statewide Rental Assistance Voucher Program – Establishment  
 
FOR the purpose of establishing a Statewide Rental Assistance Voucher Program in the 
Department of Housing and Community Development to provide vouchers and 
housing assistance payments for low–income families that are on a certain federal 
housing program waitlist; requiring the Department and public housing agencies to 
administer the State Program; and generally relating to the Statewide Rental 
Assistance Voucher Program. 
 
BY repealing and reenacting, with amendments, 
 Article – Housing and Community Development 
Section 4–101, 4–103, and 4–1401 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2022 Supplement) 
 
BY adding to 
 Article – Housing and Community Development 
Section 4–2901 through 4–2921 to be under the new subtitle “Subtitle 29. Statewide 
Rental Assistance Voucher Program” 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2022 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Housing and Community Development 
 
4–101. 
 
 (a) In this title the following words have the meanings indicated. 
 
 (b) “Administration” means the Community Development Administration. 
 
 (c) “Division” means the Division of Development Finance. 
 
 (d) “Elderly household” means, EXCEPT AS PROVIDED I N § 4–2901 OF THIS 
TITLE, one or more individuals who occupy a residential dwelling unit, at least one of whom 
meets the age limit specified by the Secretary that: 
 
 (1) is greater than or equal to age 55; and  Ch. 446 	2023 LAWS OF MARYLAND  
 
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 (2) may vary for different programs or types of projects. 
 
 (e) “Nonprofit sponsor” means a sponsor that is: 
 
 (1) a nonprofit organization; or 
 
 (2) a limited partnership, if: 
 
 (i) 1. each general partner is a nonprofit organization; or 
 
 2. each general partner is a wholly owned subsidiary of a 
nonprofit organization; 
 
 (ii) the limited partnership is formed to undertake a project that is 
eligible as a whole or in part for a federal program or incentive, including low–income 
housing tax credits; and 
 
 (iii) a nonprofit organization manages the project or will receive the 
net cash flow or residual sale proceeds on the sale of the project. 
 
4–103. 
 
 The Division includes: 
 
 (1) the Community Development Administration; 
 
 (2) the Disaster Relief Housing Program; 
 
 (3) the Down Payment and Settlement Expense Loan Program; 
 
 (4) federal and State weatherization programs; 
 
 (5) the Group Home Financing Program; 
 
 (6) the Lead Hazard Reduction Grant Program; 
 
 (7) the Lead Hazard Reduction Loan Program; 
 
 (8) the local government infrastructure program; 
 
 (9) the Maryland Home Financing Program; 
 
 (10) the Maryland Housing Rehabilitation Program; 
 
 (11) the Neighborhood Housing Services Fund;   	WES MOORE, Governor 	Ch. 446 
 
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 (12) the Operating Assistance Grants Demonstration Projects; 
 
 (13) the Partnership Rental Housing Program; 
 
 (14) the Radium Grant Program; 
 
 (15) the Rental Allowance Program , THE STATEWIDE RENTAL 
ASSISTANCE VOUCHER PROGRAM, and other rental assistance programs; 
 
 (16) the Rental Housing Program; and 
 
 (17) the Self–Help Homeownership Technical Assistance Program. 
 
4–1401. 
 
 In this subtitle, “programs” means rental assistance programs other than the Rental 
Allowance Program established under § 4–1403 of this subtitle AND THE STATEWIDE 
RENTAL ASSISTANCE VOUCHER PROGRAM ESTABLISHED U NDER SUBTITLE 29 OF 
THIS TITLE. 
 
SUBTITLE 29. STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM. 
 
4–2901. 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (B) “DISABLED” MEANS HAVING : 
 
 (1) A DISABILITY UNDER 42 U.S.C. § 423; 
 
 (2) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRM ENT THAT IS 
EXPECTED TO BE OF LO NG–CONTINUED AND INDEFI NITE DURATION , IS EXPECTED 
TO SUBSTANTIALLY IMP EDE AN INDIVIDUAL ’S ABILITY TO LIVE IN DEPENDENTLY , 
AND MAY BE IMPROVED BY MORE SUITABLE HOU SING OPTIONS; OR  
 
 (3) A DEVELOPMENTAL DISA BILITY AS DEFINED IN THE FEDERAL 
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT. 
 
 (B) “DISABILITY” MEANS A PHYSICAL OR MENTAL IMPAIRMENT TH AT 
SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVIT Y.  
 
 (C) “ELDERLY” MEANS AN INDIVIDUAL THAT IS AT LEAST 62 YEARS OLD. 
  Ch. 446 	2023 LAWS OF MARYLAND  
 
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 (D) (1) “FAMILY” MEANS AN INDIVIDUAL OR GROUP OF INDIVIDU ALS 
ELIGIBLE FOR ASSISTA NCE UNDER THE STATE PROGRAM. 
 
 (2) “FAMILY” INCLUDES A PREFERENC E CATEGORY ESTABLISH ED 
UNDER § 4–2906(B) § 4–2906 OF THIS SUBTITLE. 
 
 (E) “HOUSING ASSISTANCE PA YMENT” MEANS THE MONTHLY ASSISTANCE 
PAYMENT PAID FOR A F AMILY UNDER THE STATE PROGRAM. 
 
 (F) “HOUSING CHOICE VOUCHER PROGRAM” MEANS THE PROGRAM 
ESTABLISHED UNDER 24 C.F.R. PART 982. 
 
 (G) “LIVE–IN AIDE” MEANS AN INDIVIDUAL THAT:  
 
 (1) MEETS THE REQUIREMEN TS UNDER 24 C.F.R. § 5.403; AND  
 
 (2) RESIDES WITH AN ELDE RLY OR DISABLED INDI VIDUAL WHO 
RECEIVES ASSISTANCE UNDER THE STATE PROGRAM. 
 
 (H) “PAYMENT STANDARD ” MEANS THE MAXIMUM MO NTHLY HOUSING 
ASSISTANCE PAYMENT F OR A FAMILY ASSISTED UNDER THE STATE PROGRAM. 
 
 (I) (1) “PUBLIC HOUSING AGENCY ” MEANS AN ENTITY AUTH ORIZED BY 
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADMINI STER 
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM IN THE STATE.  
 
 (2) “PUBLIC HOUSING AGENCY ” DOES NOT INCLUDE THE 
DEPARTMENT . 
 
 (J) “STATE PROGRAM” MEANS THE STATEWIDE RENTAL ASSISTANCE 
VOUCHER PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 
 
 (K) “VOUCHER” MEANS A DOCUMENT ISS UED BY THE DEPARTMENT OR A 
PUBLIC HOUSING AGENC Y TO A FAMILY THAT I S SELECTED TO RECEIV E ASSISTANCE 
UNDER THE STATE PROGRAM, WHICH DESCRIBES THE STATE PROGRAM AND 
PROCEDURES UNDER THE STATE PROGRAM. 
 
4–2902. 
 
 THERE IS A STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM IN THE 
DEPARTMENT . 
 
4–2903. 
   	WES MOORE, Governor 	Ch. 446 
 
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 THE PURPOSE OF THE STATE PROGRAM IS TO PROVIDE VOUCHERS AND 
HOUSING ASSISTANCE P AYMENTS FOR LOW –INCOME FAMILIES THAT ARE 
CURRENTLY ON A WAITI NG LIST UNDER THE FE DERAL HOUSING CHOICE VOUCHER 
PROGRAM FOR HOUSING I N UNITS APPROVED BY THE DEPARTMENT OR A PUBLI C 
HOUSING AGENCY , IN ACCORDANCE WITH G UIDELINES UNDER THE FEDERAL 
HOUSING CHOICE VOUCHER PROGRAM.  
 
4–2904. 
 
 (A) (1) IN POLITICAL SUBDIVIS IONS WITHOUT A LOCAL ADMINISTRATOR 
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, THE DEPARTMENT 
SHALL ADMINISTER THE STATE PROGRAM AND ISSUE VOU CHERS AND HOUSING 
ASSISTANCE PAYMENTS TO ASSIST LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE 
FOR BUT ARE NOT CURR ENTLY RECEIVING HOUS ING CHOICE VOUCHERS UNDER THE 
FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 
 
 (2) IN POLITICAL SUBDIVI SIONS WITH A PUBLIC HOUSING  
AGENCY–ADMINISTRATOR UNDER THE FEDERAL HOUSING CHOICE VOUCHER 
PROGRAM, THE PUBLIC HOUSING A GENCY SHALL ADMINIST ER THE STATE 
PROGRAM AND ISSUE VOU CHERS AND HOUSING AS SISTANCE PAYMENTS TO ASSIST 
LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE FOR BUT ARE NO T CURRENTLY 
RECEIVING HOUSING CH OICE VOUCHERS UNDER THE FEDERAL HOUSING CHOICE 
VOUCHER PROGRAM. 
 
 (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE STATE 
PROGRAM SHALL BE ADMI NISTERED IN ACCORDAN CE WITH FEDERAL GUID ELINES 
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 
 
4–2905. 
 
 TO BE ELIGIBLE FOR A HOUSING ASSISTANCE P AYMENT UNDER THE STATE 
PROGRAM, A FAMILY SHALL: 
 
 (1) RESIDE IN THE STATE; 
 
 (2) BE ON A FEDERAL HOUS ING CHOICE VOUCHER W AITING LIST; AND 
 
 (3) MEET LOW–INCOME ELIGIBILITY LIMITS U NDER THE FEDERAL 
HOUSING CHOICE VOUCHER PROGRAM OR INCOME REQ	UIREMENTS AS 
DETERMINED BY THE PU BLIC HOUSING AGENCY . 
 
4–2906. 
  Ch. 446 	2023 LAWS OF MARYLAND  
 
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 THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL EQUALLY 
PRIORITIZE VOUCHERS AND HOUSING ASSISTAN CE PAYMENT S FOR FAMILIES THAT 
INCLUDE: 
 
 (1) A CHILD WHO IS UNDER THE AGE OF 16 18 YEARS; 
 
 (2) A FOSTER CHILD WHO I S UNDER THE AGE OF 18: 
 
 (I) AT LEAST 18 YEARS OLD; BUT 
 
 (II) UNDER THE AGE OF 24 YEARS; 
 
 (3) A MILITARY VETERAN ; 
 
 (3) (4) AN INDIVIDUAL EXPERIENCING HOMELES SNESS; 
 
 (4) (5) A DISABLED INDIVIDUA L; OR 
 
 (5) (6) AN ELDERLY INDIVIDUA L. 
 
4–2907. 
 
 WHEN AN OFFER OF ASSI STANCE IS MADE , A FAMILY HAS 15 30 DAYS TO 
PROVIDE DOCUMENTATIO N TO VERIFY THEIR IN COME WITH THE DEPARTMENT OR 
THE PUBLIC HOUSING AGENCY . 
 
4–2908. 
 
 (A) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL CALCULATE 
PAYMENT STANDARDS AN D HOUSING ASSISTANCE PAYMENTS UNDER THE STATE 
PROGRAM IN ACCORDANCE WITH GUIDELINES FOR THE FEDERAL HOUSING CHOICE 
VOUCHER PROGRAM.  
 
 (B) A FAMILY ASSISTED UNDER THE STATE PROGRAM SHALL BE EXPE CTED 
TO PAY A PROPORTION NOT MORE THAN 30% OF ITS MONTHLY ADJUS TED GROSS 
INCOME FOR RENT AND UTILITIES, AS DETERMINED BY THE DEPARTMENT OR THE 
PUBLIC HOUSING AGENC Y. 
 
4–2909. 
 
 HOUSING ASSISTANCE PA YMENTS FOR A FAMILY SHALL CONTINUE FOR U P TO 
5 YEARS OR UNTIL A FED ERAL HOUSING CHOICE VOUCHER UNDER THE FE DERAL 
HOUSING CHOICE VOUCHER PROGRAM BECOMES AVAIL ABLE, WHICHEVER OCCURS 
FIRST.    	WES MOORE, Governor 	Ch. 446 
 
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4–2910. 
 
 (A) A FAMILY MAY REQUEST T HAT THE DEPARTMENT OR A PUBLI C 
HOUSING AGENCY APPRO VE A LIVE–IN AIDE IF THE FAMILY IS COM POSED OF A 
DISABLED INDIVIDUAL WHO IS THE HEAD OF H OUSEHOLD TO PROVIDE NECESSARY 
SUPPORTIVE SERVICES FOR A FAMILY MEMBER WHO IS A PERSON WITH A 
DISABILITY. 
 
 (B) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL APPROVE A 
LIVE–IN AIDE IF A LIVE–IN AIDE IS REQUIRED AS A REASONABLE ACCO MMODATION 
UNDER 24 C.F.R. § 8.11 REASONABLY MODIFY IT S POLICIES, PROCEDURES , AND 
RULES TO ALLOW A FAM ILY THAT INCLUDES A PERSON WITH A DISA BILITY TO HAVE 
A LIVE–IN AIDE. 
 
 (C) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY NOT INCLUDE A 
LIVE–IN AIDE’S INCOME WHEN DETERM INING A FAMILY ’S INCOME ELIGIBILITY 
UNDER THE STATE PROGRAM. 
 
4–2911. 
 
 (A) (1) (I) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL 
CONDUCT ANNUAL INSPE CTIONS OF EACH UNIT RENTED USING HOUSING 
ASSISTANCE PAYMENTS TO ENSURE THE CONTIN UED COMPLIANCE WITH FEDERAL 
HOUSING QUALITY STAN DARDS UNDER 24 C.F.R. § 982.401.  
 
 (II) (2) INSPECTIONS SHALL OCCUR ON OR BEFORE THE 
INITIAL LEASE DATE A ND EACH YEAR THEREAF TER. 
 
 (2) (B) FOR A UNIT LOCATED IN A BUILDING WITH 3 TO 49 UNITS, 
THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 
HOUSING AGENCY WITH A CERTIFICATE OF OCC UPANCY THAT HAS BEEN 
COMPLETED WITHIN 1 YEAR. 
 
 (3) (C) FOR A UNIT LOCATED IN A BUILDING WITH 50 UNITS OR 
MORE, THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 
HOUSING AGENCY WITH AN INSPECTION CERTIF ICATE. 
 
 (B) A PROPERTY OWNER WHO H AS RECEIVED THREE OR MORE PENALTY 
NOTICES FROM THE DEPARTMENT OR A PUBLI C HOUSING AGENCY FOR A VIOLATION 
OF FEDERAL HOUSING Q UALITY STANDARDS IS NOT ELIGIBLE TO LEAS E THE 
OWNER’S PROPERTIES TO FAMI LIES RECEIVING ASSIS TANCE UNDER THE STATE 
PROGRAM. 
  Ch. 446 	2023 LAWS OF MARYLAND  
 
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4–2912. 
 
 THE DEPARTMENT SHALL ENSURE THAT SU BSIDY STANDARDS FOR UNIT 
SELECTION COMPLY WIT H FEDERAL GUIDELINES UNDER THE HOUSING CHOICE 
VOUCHER PROGRAM, INCLUDING THE MANDAT E TO PROVIDE FOR THE SMALLEST 
NUMBER OF BEDROOMS N EEDED TO HOUSE A FAM ILY WITHOUT OVERCROW DING. 
 
4–2913. 
 
 (A) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 
ASSISTANCE UNDER THE STATE PROGRAM BY: 
 
 (I) DENYING LISTING ON T HE STATE PROGRAM LIST; 
 
 (II) (I) DENYING A VOUCHER UN DER THE STATE PROGRAM; 
 
 (III) (II) WITHDRAWING A STATE PROGRAM VOUCHER ; 
 
 (IV) (III) REFUSING TO ENTER IN TO A CONTRACT FOR HO USING 
ASSISTANCE PAYMENTS ; OR 
 
 (V) (IV) REFUSING TO APPROVE A LEASE UNDER THE STATE 
PROGRAM. 
 
 (2) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL DENY 
ASSISTANCE UNDER THE STATE PROGRAM TO: 
 
 (I) SEX OFFENDERS WHO AR E SUBJECT TO A LIFET IME 
REGISTRATION REQUIRE MENT UNDER A STATE SEX OFFENDER RE GISTRATION 
PROGRAM; AND  
 
 (II) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 
THEIR CONVICTION FOR A SEX–RELATED CRIME . 
 
 (3) THE DEPARTMENT OR A PUBL IC HOUSING AGENCY MA Y DENY 
ASSISTANCE UNDER THE STATE PROGRAM IF THE DEPARTMENT OR A PUBLI C 
HOUSING AGENCY FINDS THAT ANY INDIVIDUAL IN A FAMILY RESIDING IN A UNIT 
RENTED USING ASSISTA NCE FROM THE STATE PROGRAM HAS BEEN CONVICTED O F: 
 
 (I) A DRUG–RELATED CRIME UNDER STATE LAW; OR 
 
 (II) A VIOLENT CRIME . 
   	WES MOORE, Governor 	Ch. 446 
 
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 (4) IF THE DEPARTMENT OR PUBLIC HOUSING AGENCY DENIE S 
ASSISTANCE UNDER THE STATE PROGRAM, THE DEPARTMENT OR THE PUB LIC 
HOUSING AGENCY SHALL PROMPTLY PROVIDE THE APPLICANT WITH A NOT ICE 
EXPLAINING THE DENIAL AND INDICATIN G THAT THE APPLICANT MAY REQUEST AN 
INFORMAL REVIEW . 
 
 (B) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY 
TERMINATE ASSISTANCE UNDER THE STATE PROGRAM BY: 
 
 (I) REFUSING TO ENTER IN TO A STATE PROGRAM CONTRACT ; 
 
 (II) REFUSING TO APPROVE A LEASE UNDE R THE STATE 
PROGRAM; OR 
 
 (III) TERMINATING HOUSING ASSISTANCE PAYMENTS UNDER A 
STATE PROGRAM CONTRACT . 
 
 (2) THE DEPARTMENT OR A PUBLI C AGENCY SHALL TERMI NATE 
ASSISTANCE UNDER THE STATE PROGRAM FOR : 
 
 (I) FAMILIES WHO WERE EV ICTED UNDER THE STATE 
PROGRAM FOR SERIOUS VIOLATIONS OF THE LE ASE; 
 
 (II) FAMILIES WHO FAIL TO SIGN ANY FORMS FROM THE 
DEPARTMENT OR A PUBLI C HOUSING AGENCY IND ICATING CONSENT TO O BTAIN 
INFORMATION ; AND 
 
 (III) SEX OFFENDERS SUBJEC T TO A LIFETIME REGI STRATION 
REQUIREMENT UNDER A STATE SEX OFFENDER RE GISTRATION PROGRAM ;. 
 
 (IV) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 
THEIR CONVICTION FOR A SEX–RELATED CRIME UNDER STATE LAW; AND 
 
 (V) FAMILIES THAT ARE AB SENT FROM A STATE PROGRAM UNIT 
FOR MORE THAN 180 CONSECUTIVE DAYS . 
 
 (C) AFTER CONSIDERING WHEN DETERMINING THE 	DENIAL OR 
TERMINATION OF ASSIS TANCE UNDER THE STATE PROGRAM, THE DEPARTMENT 
MAY CONSIDER ALL RELEVANT CIRCUMS TANCES, INCLUDING THE SERIOU SNESS OF 
THE CASE, THE EXTENT OF PARTIC IPATION OR CULPABILITY OF INDIVI DUAL FAMILY 
MEMBERS, MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY OF A FAMI LY 
MEMBER, AND THE EFFECTS OF D ENIAL OR TERMINATION OF ASSISTANCE ON 
OTHER FAMILY MEMBERS WHO WERE NOT INVOLVE D IN THE ACTION OR F AILURE,  Ch. 446 	2023 LAWS OF MARYLAND  
 
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THE DEPARTMENT OR THE PUBLIC HOUSING A GENCY MAY DENY ADMISSION INTO 
OR TERMINATE ASSISTA NCE UNDER THE STATE PROGRAM IF A FAMILY MEMBER : 
 
 (1) VIOLATES ANY OBLIGAT IONS UNDER THE STATE PROGRAM; 
 
 (2) HAS BEEN EVICTED FRO M FEDERALLY ASSISTED HOUSING FOR 
VIOLENT CRIMINAL ACT IVITY THAT THREATENE D THE HEALTH , SAFETY, OR 
WELFARE OF OTHER RES IDENTS WITHIN THE PRECEDING 3 YEARS; 
 
 (3) HAS COMMITTED FRAUD , BRIBERY, OR ANY OTHER CORRUPT OR 
CRIMINAL ACT IN CONN ECTION WITH THE STATE PROGRAM; 
 
 (4) OWES A FINANCIAL OBL IGATION TO THE DEPARTMENT OR PUBLIC 
HOUSING AGENCY IN CO NNECTION WITH ANOTHE R HOUSING OR RENTAL 
ASSISTANCE PROGRAM ; 
 
 (5) BREACHES A REPAYMENT AGREEMENT TO PAY AMO UNTS OWED 
TO THE DEPARTMENT OR PUBLIC HOUSING AGENCY ; OR 
 
 (6) HAS ENGAGED IN OR TH REATENED ABUSIVE OR VIOLENT 
BEHAVIOR TOWARD DEPARTMENT OR PUBLIC HOUSING AGENCY EMPLO YEES, THE 
PROPERTY OWNER OR PR OPERTY MANAGEMENT ST AFF, OR OTHER RESIDENTS ; OR 
 
 (7) RECEIVES ASSISTANCE UNDER THE STATE PROGRAM AND IS 
ABSENT FROM THE UNIT FOR MORE THAN 180 CONSECUTIVE DAYS . 
 
 (D) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY PROHIBIT 
OTHER FAMILY MEMBERS WHO PARTICIPATED IN OR WERE CULPABLE FOR ACTIONS 
SPECIFIED UNDER THIS SECTION FROM RESIDIN G IN A UNIT RENTED U SING 
ASSISTANCE FROM THE STATE PROGRAM. 
 
 (2) IN MAKING THE DETERMINATION UNDER PARAGRAPH (1) OF THIS 
SUBSECTION, THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY CONSIDER: 
 
 (I) THE SERIOUSNESS OF T HE CASE; 
 
 (II) THE EXTENT OF PARTIC IPATION BY OR CULPAB ILITY OF 
INDIVIDUAL FAMILY ME MBERS; 
 
 (III) MITIGATING CIR CUMSTANCES RELATED T O THE DISABILITY 
OF A FAMILY MEMBER ; AND 
   	WES MOORE, Governor 	Ch. 446 
 
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 (IV) THE EFFECTS OF THE P ROHIBITION ON OTHER FAMILY 
MEMBERS WHO WERE NOT INVOLVED IN THE ACTI ON OR FAILURE. 
 
4–2914. 
 
 (A) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 
SHALL: 
 
 (1) SUPPLY ANY INFORMATI ON TO THE DEPARTMENT OR THE PUB LIC 
HOUSING AGENCY NECES SARY FOR THE ADMINIS TRATION OF THE STATE PROGRAM; 
 
 (2) NOTIFY THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY 
BEFORE VACATING THE UNIT; 
 
 (3) USE THE UNIT ONLY AS A PRINCIPAL PLACE OF RESIDENCE ; AND 
 
 (4) MAINTAIN ALL UTILITI ES THAT ARE NOT PAID THROUGH THE 
HOUSING ASSISTANCE P AYMENT. 
 
 (B) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 
MAY NOT: 
 
 (1) HAVE A FINANCIAL INT EREST IN THE UNIT OWN THE UNIT THAT 
THE ASSISTANCE IS PROVIDED FO R; 
 
 (2) COMMIT FRAUD IN CONN ECTION WITH THE STATE PROGRAM; OR  
 
 (3) SUBLEASE OR ASSIGN T HE LEASE OR TRANSFER THE UNIT; OR 
 
 (4) ALLOW ANYONE NOT ON THE UNIT LEASE TO RE SIDE IN THE UNIT. 
 
4–2915. 
 
 THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHALL GIVE EA CH FAMILY 
THAT RECEIVES ASSIST ANCE UNDER THE STATE PROGRAM A WRITTEN 
DESCRIPTION OF : 
 
 (1) THE FAMILY’S OBLIGATIONS UNDER THE STATE PROGRAM; 
 
 (2) THE GROUNDS ON WHICH THE DEPARTMENT OR THE PUB LIC 
HOUSING AGENCY MAY D ENY OR TERMINATE ASSISTANCE UNDER THE STATE 
PROGRAM; AND  
 
 (3) THE PROCESS TO REQUE ST A AN INFORMAL HEARING.  Ch. 446 	2023 LAWS OF MARYLAND  
 
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4–2916. 
 
 THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL RECERTIFY A 
FAMILY FOR CONTINUED ADMISSION UNDER THE STATE PROGRAM, IN 
ACCORDANCE WITH FEDE RAL GUIDELINES UNDER THE FEDERAL HOUSING CHOICE 
VOUCHER PROGRAM. 
 
4–2917. 
 
 (A) IF THE HEAD OF HOUSEH OLD WHO WAS RECEIVIN G ASSISTANCE UNDER 
THE STATE PROGRAM DIES , A SURVIVING FAMILY M EMBER MAY CONTINUE TO 
RECEIVE THE ASSISTAN CE IF THE HOUSEHOLD IS SOLELY OCCU PIED BY REMAINING 
FAMILY MEMBERS IN AC CORDANCE WITH THIS S UBTITLE. 
 
 (B) (1) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI	VING 
ASSISTANCE UNDER THE STATE PROGRAM DIES : 
 
 (I) A REMAINING ELDERLY INDIVIDUAL IN THE UN IT SHALL 
RECEIVE THE ASSISTAN CE; OR  
 
 (II) HOUSING ASSISTANCE P AYMENTS SHALL TERMIN ATE. 
 
 (2) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI	VING 
ASSISTANCE UNDER THE STATE PROGRAM MOVES TO A FE DERALLY ASSISTED 
LONG–TERM CARE FACILITY , THE HOUSING ASSISTAN CE PAYMENTS SHALL 
TERMINATE. 
 
4–2918. 
 
 ANY GUIDELINES ON THE TE RMINATION OF ASSISTA NCE OR ON EVICTIONS 
ESTABLISHED BY THE DEPARTMENT OR A PUBLI C HOUSING AGENCY UND ER THIS 
SUBTITLE SHALL BE AT LEAST AS PROTECTIVE OF TENANTS’ RIGHTS AS GUIDELINES 
ESTABLISHED UNDER TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM.  
 
4–2919. 
 
 (A) (1) FOR FISCAL YEARS 2025, 2026, AND 2027, THE GOVERNOR SHALL 
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $15,000,000 
$10,000,000 TO THE DEPARTMENT FOR THE STATE PROGRAM.  
 
 (2) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER , 
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION   	WES MOORE, Governor 	Ch. 446 
 
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SUFFICIENT TO FUND A T LEAST THE SAME NUM BER OF VOUCHERS ISSU ED IN THE 
PRIOR FISCAL YEAR . 
 
 (B) OF THE AMOUNT SPECIFI ED UNDER SUBSECTION (A) OF THIS SECTION, 
THE DEPARTMENT SH ALL DISTRIBUTE 1% 6% EACH YEAR TO PUBLIC HOUSING 
AGENCIES TO HELP DEF	RAY STAFFING EXPENSE S RELATED TO THE 
ADMINISTRATION OF TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM AND 
THE STATE PROGRAM. 
 
 (C) THE DEPARTMENT SHALL DEVE LOP A FORMULA FOR DI STRIBUTING 
STATE PROGRAM FUNDS TO THE DEPARTMENT AND EACH P UBLIC HOUSING 
AGENCY. 
 
4–2920. 
 
 ON OR BEFORE DECEMBER 30, 2024, AND EACH YEAR THEREA FTER, THE 
DEPARTMENT AND EACH P OLITICAL SUBDIVISION THAT HAS A PUBLIC HO USING 
AGENCY SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 
 
 (1) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 
STATE PROGRAM; 
 
 (2) COMPLIANCE WITH INCO ME ELIGIBILITY REQUI REMENTS UNDER 
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM; 
 
 (3) THE TOTAL AMOUNT OF FUNDS RECEIVED ; 
 
 (4) THE NUMBER OF HOUSEH OLDS TERMINATED FROM THE STATE 
PROGRAM;  
 
 (5) THE INCOMES OF FAMIL IES RECEIVING ASSIST ANCE UNDER THE 
STATE PROGRAM; 
 
 (6) THE GEOGRAPHIC LOCAT IONS WHERE FAMILIES RECEIVING 
ASSISTANCE UNDER THE STATE PROGRAM HAVE BEEN HOU SED; 
 
 (7) THE RACE AND GENDER OF INDIVIDUALS IN FA MILIES RECEIVING 
ASSISTANCE UNDER THE STATE PROGRAM; 
 
 (8) THE HOUSEHOLD SIZE F OR FAMILIES RECEIVIN G ASSISTANCE 
UNDER THE STATE PROGRAM; 
  Ch. 446 	2023 LAWS OF MARYLAND  
 
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 (9) THE NUMBER OF FAMILIES RECEIVIN G ASSISTANCE UNDER T HE 
STATE PROGRAM, BASED ON THE PREFERE NCES LISTED IN § 4–2905(B) 4–2906 OF 
THIS SUBTITLE; 
 
 (10) THE LENGTH OF TIME T HAT EACH FAMILY HAS RECEIVED 
ASSISTANCE UNDER THE STATE PROGRAM; 
 
 (11) THE AVERAGE LENGTH O F TIME FROM APPLICATION I NTO THE 
STATE PROGRAM AND RECEIPT O F HOUSING ASSISTANCE PAYMENTS; 
 
 (12) ANY REFERRALS MADE F OR FAMILIES UNDER TH E STATE 
PROGRAM FOR WRAPAROUN D SERVICES, INCLUDING JOB TRAINI NG; AND 
 
 (13) ANY RESOURCES USED T O ADVERTISE THE STATE PROGRAM; 
 
 (14) THE DISABILITY STATU S OF HOUSEHOLDS SERV ED; AND 
 
 (15) THE NUMBER OF HOUSEH OLDS IN WHICH STATE PROGRAM 
ASSISTANCE ENDED WIT HOUT THE HOUSEHOLDS HAVING RECEIVED FEDE RAL 
HOUSING CHOICE VOUCH ERS. 
 
4–2921. 
 
 THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS SUBTITLE .  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2023.  
 
Approved by the Governor, May 8, 2023.