Definitions; General Provisions

Baltimore City Code art. 13, div. I, subtit. 2B, pt. I

in effect

Baltimore City Code, Article 13, § 2B-1 Definitions – General.

§ 2B-1. Definitions – General. (a) In general In this Subtitle, the following terms have the meanings indicated. (b) Board. “Board” means the Inclusionary Housing Board established by this subtitle. (c) Commissioner. “Commissioner” means the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (d) Developer. “Developer” means any person, firm, partnership, association, joint venture, corporation, or other entity or combination of entities that undertakes a residential project. (e) Department. “Department” means the Department of Housing and Community Development. (f) Dwelling unit. “Dwelling unit” or “unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (g) Housing funds. “Housing funds” means Federal, State, or City funds designated explicitly for the purpose of providing affordable housing. (h) Major public subsidy. (1) In general. “Major public subsidy” means the provision by the City or any of its agents or contractors of funds, resources, or financial assistance for a residential project. (2) Inclusions. “Major public subsidy” includes: (i) the sale or transfer of land substantially below its appraised value; (ii) payment in lieu of taxes; (iii) tax increment financing; (iv) grants or loans that equal or exceed 15% of total projected project costs; (v) tax credits; or (vi) any other funds, resources, or financial assistance provided by the City as determined by any rule or regulation promulgated under this subtitle. (i) Neighborhood. “Neighborhood” means an area delineated by commonly accepted boundary, as determined by the Planning Director. (j) Penthouse. “Penthouse” means a floor on top of the uppermost story of a building, that is used for residential purposes and has luxurious features. (k) Planning Director. “Planning Director” means the Director of the Department of Planning or the Director’s designee. (l) Residential project. “Residential project” means any new construction or any substantial renovation of an existing building that is designed, in whole or in part, to provide residential units. (m) Significant land use authorization. “Significant land use authorization” means any action of the Mayor, City Council, Board of Municipal and Zoning Appeals, or Zoning Administrator that increases the permissible number of dwelling units in a land area by 20 or more dwelling units above the number of dwelling units permitted before the action. (Ord. 24-308 Section 1; Ord. 22-124; Ord. 15-427; Ord. 14-264; Ord. 07-474.)

Baltimore City Code, Article 13, § 2B-2 Definitions – Affordability standards.

§ 2B-2. Definitions – Affordability standards. (a) In general. In this Subtitle, the following terms relating to affordability standards have the meanings indicated. (b) Affordable housing cost: Extremely low, very low, low, and moderate. (1) An “extremely low” housing cost equals an amount not more than 1/12 of 30% of 30% of the AMI, adjusted for household size. (2) A “very low” housing cost equals an amount greater than 1/12 of 30% of 30% of the AMI, but not more than 1/12 of 30% of 50% of the AMI, adjusted for household size. (3) A “low” housing cost equals an amount greater than 1/12 of 30% of 60% of the AMI, but not more than 1/12 of 30% of 60% of the AMI, adjusted for household size. (4) A “moderate” housing cost equals an amount greater than 1/12 of 30% of 80% of the AMI, but not more than 1/12 of 30% of 80% of the AMI, adjusted for household size. (c) Affordable unit. “Affordable unit” means a dwelling unit that is required by this subtitle to be provided to a family earning an income that is either: (1) low income; (2) moderate income; (3) very low income; or (4) extremely low income. (d) AMI. “AMI” means the area median income for the metropolitan region that encompasses Baltimore City, as published and annually updated by the United States Department of Housing and Urban Development. (e) Eligible household. “Eligible household” means a household with extremely low, very low, low, or moderate income. (f) Extremely low income. “Extremely low income” means a household income below 30% AMI. (g) Housing cost. “Housing cost” means for rental units, a monthly payment for lease, sublet, let, or other rights to occupy a residential unit, excluding utilities, parking, and discretionary fees. (h) Low income. “Low income” means a household income at or below 60% AMI. (i) Market rate. “Market rate” means not restricted to an affordable rent or affordable ownership cost. (j) Moderate income. “Moderate income” means a household income at or below 80% AMI. (k) Very low income. “Very low income” means a household income at or below 50% AMI. (Ord. 24-308 Section 1; Ord. 07-474.)

Baltimore City Code, Article 13, § 2B-3 Rules and regulations.

§ 2B-3. Rules and regulations. (a) In general. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner, in consultation with the Planning Commission, must adopt rules and regulations to carry out the provisions of this subtitle. (b) Scope – General. These rules and regulations may include provisions for: (1) defining, clarifying, or construing terms used in this subtitle; (2) determining eligibility to rent affordable units; and (3) setting standards for rental prices for affordable units. (c) Scope – Requiring timely response (1) The rules and regulations must require the Inclusionary Housing Board, the Housing Commissioner, and the Planning Department to provide timely and definitive responses to all submissions required from a developer under this subtitle. (2) The Department shall compile the rules and regulations adopted under this section in a manual and make that manual available to the public. (Ord. 24-308 Section 1; Text Conformed 02/19/21; Ord. 07-474.)

Baltimore City Code, Article 13, §§ 2B-4 to 2B-10 {Reserved}

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/13/I/2B/IFetched: 10/25/2026