Condominiums

Baltimore City Code art. 13, div. II, subtit. 10

in effect

Baltimore City Code, Article 13, § 10-1 Legislative findings.

§ 10-1. Legislative findings. (a) Rental housing shortage. The Mayor and City Council of Baltimore hereby finds and declares that a rental housing shortage presently exists in 2 areas of Baltimore City of emergency proportions which has been caused, in large part, by the conversion of rental housing to condominiums. In addition, at the present time the number of conversions to condominium regimes is accelerating at a rapid rate. (b) Conversions exacerbating shortage. These increasing numbers of conversions exacerbate an already severe shortage of moderate rental housing in the City while the poor economic conditions in the building trades have almost halted the construction of new rental units. As a result, the Mayor and City Council finds that the combination of the conversion of existing rental units and the lack of construction of new rental units has resulted in an extreme scarcity of rental housing in the City and insufficient numbers of rental units available to low and moderate income tenants. (c) Hardships on displaced tenants. The Mayor and City Council further finds that conversions of rental units has resulted in the displacement of tenants and caused these tenants severe financial and emotional stress in their need to relocate. Studies have shown that elderly and handicapped tenants suffer serious emotional and physical disturbances when they are advised that their buildings are being converted into condominiums. (d) Protections required. Accordingly, the Mayor and City Council finds that it is in the interests of the public health, safety and general welfare that the following provisions be added to the existing laws. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-2 Definitions.

§ 10-2. Definitions. (a) In general. The following words have the meanings indicated unless their context requires otherwise. (b) Commissioner. “Commissioner” means the Commissioner of the Department of Housing and Community Development. (c) Condominium; condominium regime. “Condominium” and “condominium regime” mean property established as a condominium regime under Title 11 of the State Real Property Article. (d) Condominium unit; unit. (1) “Condominium unit” and “unit” mean a 3-dimensional space identified as such in the declaration and on the condominium plat the boundaries of which are established in accordance with Title 11 of the State Real Property. (2) A unit may include 2 or more non-contiguous spaces. (e) Conversion. “Conversion” means the subjection of a property which was previously rental facility to a condominium regime. (f) Designated household. “Designated household” shall include a household with a senior citizen who: (1) is at least 60 years old on the date the conversion notice is given, as required by § 11-102.1 of the State Real Property; and (2) has lived in the household at least 12 months preceding the giving of the notice. (g) Developer. “Developer” means any person who subjects his/her property to a condominium regime. (h) Landlord. “Landlord” means: (1) the owner, the owner’s agent, lessor, or sublessor of the dwelling unit or the property of which it is a part; and (2) in addition, any person authorized to exercise any aspect of the management of the premises except those persons engaged solely in custodial and maintenance functions. (i) {Repealed} (j) Real Property Article. “Real Property Article” means the Real Property Article, Annotated Code of Maryland. (k) Rental facility. “Rental facility”: (1) means any structure, or combination of related structures and appurtenances, operated as a single entity, containing 5 or more dwelling units, which the operator thereof provides for; but (2) may not be construed to mean: (i) any transient facility such as boarding houses, tourist homes, inns, motels, hotels, hospitals, medical facilities, or school dormitories; or (ii) any facilities operated for religious or eleemosynary purposes. (Ord. 23-275 Section 1; Ord. 22-125; Ord. 22-124; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-3 Notices to City.

§ 10-3. Notices to City. (a) Intention to create regime. A developer shall file with the Commissioner of the Department of Housing and Community Development a copy of the notice of intention to create a condominium concurrently with the giving of such notice to tenants under § 11-102.1 of the Real Property Article. (b) Subjection of property to regime. The owner or developer of any property in the City shall give written notice to the Commissioner of the subjection of the property to a condominium regime in the City, concurrently with the recordation of the declaration, by-laws, and condominium plat in the land records of the City under § 11-102 of the Real Property Article. (c) Public offering statement. The owner or developer shall file with the Commissioner concurrently with filing with the Secretary of State under § 11-127 of the Real Property Article, copies as required by Executive Regulation of the public offering statement described in § 11-126 of the Real Property Article, and copies of all amendments thereto. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-4 Designated areas.

§ 10-4. Designated areas. The provisions of this subtitle shall apply only to the designated areas which are bounded by the following streets, the boundary streets to be included: (1) The Northwest District is that area bounded by the following streets: Beginning at the intersection of Roland Avenue and the City line, south on Roland Avenue to the intersection of Roland and Northern Parkway, then west on Northern Parkway to the intersection of Northern Parkway and Western Maryland Railroad and then north along the Western Maryland Railroad right-of-way to the intersection of the right-of-way and the City line. (2) The Central District is that area bounded by the following streets: Beginning at the intersection of Charles Street and Wyndhurst, west on Wyndhurst to the intersection of Wyndhurst and Keswick, then south on Keswick to the intersection of Keswick and Cold Spring Lane, then west on Cold Spring Lane to the intersection of Cold Spring Lane and Evans Chapel Road, south on Evans Chapel Road to the intersection of Evans Chapel Road and 41st Street, then east on 41st Street to 40th Street, then east on 40th Street to the intersection of 40th Street and Keswick, then south on Keswick to 39th Street, east on 39th Street to Tudor Arms Avenue, north on Tudor Arms Avenue to the intersection of University Parkway and Tudor Arms Avenue, then south on University Parkway to the intersection of University Parkway and Charles Street, then south on Charles Street to the intersection of Charles Street and Art Museum Drive, west on Art Museum Drive to the intersection of Howard Street and Art Museum Drive, then south on Howard Street to the intersection of Howard and Baltimore Streets, then east on Baltimore Street to the intersection of Baltimore and Guilford Avenue, then north on Guilford Avenue to the intersection of Guilford Avenue and University Parkway, then north on University Parkway to the intersection of University Parkway and Greenway, then north on Greenway to Charles Street, then north on Charles Street to the intersection of Charles and Wyndhurst. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-5 Extended leases.

§ 10-5. Extended leases. (a) Designated households entitled. Designated household, as defined in § 11-137 of the Real Property Article, shall be entitled to an extended lease, beyond the 3-year period provided by State law, for a period of no less than 3 additional years. This additional 3-year period shall also apply to any tenant who received a 3-year extension pursuant to State law during the period July 1, 1981 through October 24, 1982. (b) Limitation on rent increase. Any increase in the rental fee for each of these additional 3 years shall not exceed an amount determined by multiplying the annual rent for the preceding year by the percentage increase for the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers (CPI-W)(1967=100), as published by the U.S. Department of Labor, for the most recent 12-month period. (Ord. 23-275 Section 1; Ord. 84-209; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-6 Substantial rehabilitation.

§ 10-6. Substantial rehabilitation. If a conversion to condominium involves substantial rehabilitation or reconstruction of a unit, before a designated household can be required to vacate that unit the developer must obtain certification from the Commissioner of Housing and Community Development that the rehabilitation will constitute a danger to the health and safety of the tenants. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-7 Applicability of subtitle.

§ 10-7. Applicability of subtitle. The provisions of this subtitle and of § 11-137 of the Real Property Article shall apply to all rental facilities containing 5 or more units. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-8 Complaints; penalties; enforcement.

§ 10-8. Complaints; penalties; enforcement. (a) Complaints to Commissioner. (1) Any person subjected to any unlawful practice as set forth in this subtitle may file a complaint in writing with the Commissioner of the Department of Housing and Community Development. (2) The Commissioner of the Department of Housing and Community Development is hereby authorized and directed to receive complaints filed pursuant to this subtitle and to conduct such investigations and hearings as he deems necessary. (b) Actions by Commissioner. Whenever it is determined by the Commissioner of the Department of Housing and Community Development that there has been a violation of this subtitle the Commissioner is authorized to commence with 1 or more of the following procedures: (1) attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement; or (2) seek a written assurance of discontinuance which shall be signed by the developer and the Commissioner; or (3) refer the matter to the City Solicitor for injunctive or other appropriate legal action. (d) Penalties. Any owner or developer who violates any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or imprisonment for a period of not more than 6 months, or both. (e) Injunctive action. In addition to any criminal or other penalty herein provided, injunctive or other appropriate action or proceeding to correct a violation of this subtitle may be instituted by the City Solicitor and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate forms of relief. (f) Other rights preserved. Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing an appropriate complaint with a court of law or equity. (Ord. 23-275 Section 1; Ord. 82-777.)

Baltimore City Code, Article 13, § 10-9 Extended lease benefits; income eligibility.

§ 10-9. Extended lease benefits; income eligibility. (a) Income eligibility figure. Effective July 1, 1983 the income eligibility figure applicable to designated households seeking an extended lease under the provisions of this subtitle and of § 11-137 of Title 11, the Maryland Condominium Act, of the Real Property Article, Annotated Code of Maryland, shall be the income eligibility figure prepared annually by the Secretary of State for the Baltimore Standard Metropolitan Statistical Area. (b) Section applies Citywide. The provisions of this section shall apply throughout the City, whether the dwelling is within or without a designated area as defined in § 10-4 above. (Ord. 23-275 Section 1; Ord. 83-944.)

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/II/10Fetched: 10/25/2026