Inclusionary Requirements

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

in effect

Baltimore City Code, Article 13, § 2B-21 Inclusionary requirements.

§ 2B-21. Inclusionary requirements. (a) Applicability of section. This section applies to any residential project : (1) that provides 20 or more dwelling units; (2) that receives: (i) a major public subsidy; or (ii) a significant land use authorization; (3) that is newly constructed, wholly renovated, or converted from a non-residential building; and (4) the cost of the construction or conversion exceeds $60,000 per rental unit. (b) Affordable units required. (1) In every residential project subject to this section, at least 5% of all dwelling units for rent must be affordable units to low income households. (2) In every residential project subject to this section, at least 5% of all dwelling units for rent must be affordable units to very low income households. (3) In every residential project where the developer is offered an additional subsidy or offered the opportunity to apply for an additional subsidy for affordable units for very low income or extremely low income households, up to an additional 5% of dwelling units for rent must be affordable to very low and extremely low income households upon an award of the additional subsidy. (c) More restrictive governs. If the City negotiates or a residential project promises to provide a greater percentage of affordability or longer time period of affordability, that more restrictive provision governs over the requirements of this subtitle to the extent of any conflict. (d) Exclusions. The provisions of this section do not apply to: (1) dormitories, as defined in § 1-305(g) of the Zoning Code; (2) fraternity or sorority houses, as defined in § 1-306(p) of the Zoning Code; (3) residential-care facilities, as defined in § 1-312(p) of the Zoning Code; or (4) a residential project that is designed for, marketed to, and leased to students enrolled in accredited educational institutions located in Baltimore City, also known as “student housing”. (Ord. 24-308 Section 1; Ord. 07-474.)

Baltimore City Code, Article 13, § 2B-22 Inclusionary housing plan.

§ 2B-22. Inclusionary housing plan. (a) Inclusionary housing plan required. Residential projects subject to the affordability unit requirements of this subtitle must submit an inclusionary housing plan to the Department of Housing and Community Development and the Inclusionary Housing Board when applying for a building permit. (b) Inclusionary housing plan requirements. (1) In general. Residential projects required to submit an inclusionary housing plan under subsection (a) must submit a plan in the form established by the Commissioner. (2) Affirmative fair housing marketing. An inclusionary housing plan must include a plan for affirmatively marketing the affordable units in the residential project to those individuals least likely to apply to become tenants without special outreach efforts. (c) Review and comment on inclusionary housing plan. Before the City issues building permits for a residential project that is subject to the affordability unit requirements of this subtitle, the residential project’s inclusionary housing plan must first be reviewed and commented upon by the Inclusionary Housing Board. (d) Commissioner authority to create inclusionary housing plan form. The Commissioner, with the advice and consent of the Inclusionary Housing Board, shall create and amend as necessary a form for an inclusionary housing plan. (Ord. 24-308 Section 1; Ord. 16-581; Ord. 07-474.)

Baltimore City Code, Article 13, § 2B-23 Fair housing laws and regulations.

§ 2B-23. Fair housing laws and regulations. All residential projects created under this subtitle are subject to applicable federal, state, and local housing laws and regulations. (Ord. 24-308 Section 1; Ord. 16-581; Ord. 07-474.)

Baltimore City Code, Article 13, § 2B-24 Annual report – Residential project.

§ 2B-24. Annual report – Residential project. (a) Residential projects subject to the affordability requirements of this subtitle must submit an annual report to the Department and the Inclusionary Housing Board. (b) The contents of the annual report required under subsection (a) of this section must include: (1) the number of affordable units in the residential project for each income level applicable under this subtitle; (2) the square footage of each bedroom in each affordable unit; (3) whether an affordable unit is leased and occupied at the time of the report and to which income level the tenant belongs; (4) whether or not the residential project is in compliance with the inclusionary housing plan; (5) the number of tenants, delineated by group, occupying affordable units who were identified as belonging to a group least likely to lease as a result of the affirmative marketing required under § 2B-22(b) {“Inclusionary housing plan requirements”} of this subtitle; (6) an accounting of the monthly rent collected for each affordable unit for that year, as prepared by an independent accountant; (7) a comparison, displayed as both a number and percentage, of the monthly rent collected for each affordable unit against the monthly rent that could have been collected if each affordable unit was a market-rate unit, as prepared by an independent accountant; (8) an accounting of the efficacy of the high-performance inclusionary tax credit; (9) the type of major public subsidy that made the residential project subject to the affordability unit requirements of this subtitle; and (10) any additional information related to compliance with this subtitle or any rules and regulations issued under this subtitle as determined by the Commissioner. (c) The Commissioner will prominently post all annual reports required under subsection (a) of this section on the City’s website. (Ord. 24-308 Section 1; Ord. 07-474.)

Baltimore City Code, Article 13, §§ 2B-25 to 2B-30 {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/IIIFetched: 10/25/2026