Maryland Code § CA-5-6B-06

Section CA-5-6B-06
Open in Lexace · Ask the AI about this section
(a) (1) An owner required to give notice under § 5-6B-05 of this subtitle
shall offer in writing to each tenant entitled to receive that notice the right to
purchase the cooperative interest which is coupled with the proprietary lease for that
portion of the residential rental facility occupied by the tenant as the tenant's
residence. The offer shall be at a price and on terms and conditions at least as
favorable as the price, terms, and conditions offered for the cooperative interest which
is coupled with the proprietary lease for that portion of the residential rental facility
to any other person during the 180-day period following the giving of the notice
required by § 5-6B-05 of this subtitle. Settlement cannot be required any earlier than
120 days after the offer is accepted by the tenant.

(2) (i) The cooperative housing corporation shall adopt uniform
objective standards concerning financial responsibility which shall apply to all
tenants and initial purchasers.
(ii) The tenant's acceptance of the owner's offer is conditioned
on the tenant meeting the financial standards established by the cooperative housing
corporation under subparagraph (i) of this paragraph.
(3) The offer to each tenant shall be made concurrently with the
giving of the notice required by § 5-6B-05 of this subtitle, shall be a part of that
notice, and shall state that:
(i) The offer will terminate upon the earlier to occur of
termination of the lease by the tenant or 60 days after delivery;
(ii) Acceptance of the offer by a tenant who meets the criteria
for an extended lease under § 5-6B-07(b) of this subtitle is contingent upon the
tenant not receiving an extended lease;
(iii) Settlement cannot be required earlier than 120 days after
acceptance by the tenant; and
(iv) The household is entitled to reimbursement for moving
expenses as provided in subsection (h) of this section.
(4) Delivery of a notice in the form specified in § 5-6B-05(f) of this
subtitle meets the requirements of subsection (a) of this section.
(b) (1) Notwithstanding the provisions of subsection (a) of this section,
an owner may make alterations or additions to the size, location, configuration, and
physical condition of the residential rental facility. The developer is not required to
make the boundaries of a portion of the residential rental facility occupied by a tenant
as the tenant's residence coincide with the boundaries of a proposed unit.
(2) If the boundaries of a portion of the residential rental facility
occupied by a tenant as the tenant's residence do not coincide with the boundaries of
a proposed unit, then, to the extent reasonable and practicable, the owner shall offer
in writing to that tenant the right to purchase a substantially equivalent cooperative
interest. The offer shall be at a price and on terms and conditions at least as favorable
as the price, terms, and conditions offered for the cooperative interest which is
coupled with the proprietary lease for that portion of the residential rental facility to
any other person and shall contain the statements required by paragraph (2) of
subsection (a) of this section.

(c) Unless written acceptance of an offer made under subsection (a) or (b) of
this section is first delivered to the owner by the tenant, the offer shall terminate,
without further act, upon the earlier to occur of:
(1) Termination of the lease by the tenant; or
(2) 60 days after the offer is delivered to the tenant.
(d) Acceptance of an offer by a tenant who meets the criteria for an extended
lease under § 5-6B-07 of this subtitle shall be contingent upon the tenant not
receiving an extended lease.
(e) (1) Except as provided in paragraph (2) of this subsection, if the offer
terminates, the owner may not offer to sell that cooperative interest at a price or on
terms and conditions more favorable to the offeree than the price, terms, and
conditions offered to the tenant during the 180-day period following the giving of the
notice required by § 5-6B-05 of this subtitle.
(2) The owner may reoffer to sell that cooperative interest to the
tenant on terms and conditions more favorable to the offeree, and if the owner does
so, the offer shall supersede the first offer.
(f) Within 75 days after the giving of the notice required by § 5-6B-05 of
this subtitle, the developer shall provide to any county, incorporated municipality, or
housing agency which has a right to purchase cooperative interests in the residential
rental facility under § 5-6B-09 of this subtitle a list of the names and units of all
tenants who have validly accepted offers made under this section within 60 days of
the giving of the notice required by § 5-6B-05 of this subtitle, except those offers
which have terminated because of the granting of an extended lease under § 5-6B-
07 of this subtitle.
(g) If a membership certificate for a unit contains an affidavit by the issuer
or transferor that the provisions of this section have been fulfilled, then the holder or
transferee takes title to the cooperative interest free and clear of all claims and rights
of a person arising under this section.
(h) (1) If the household does not accept the purchase offer made under
this section, the owner shall:
(i) If the household qualifies as to income under § 5-6B-07 of
this subtitle, pay the household $375 when the household vacates the unit and
reimburse the household for moving expenses in excess of $375 up to $750 which are
actually and reasonably incurred; or

(ii) If the household does not qualify as to income under § 5-
6B-07 of this subtitle, reimburse the household for moving expenses up to $750 which
are actually and reasonably incurred.
(2) The household shall make a written request for moving expense
reimbursement to the developer, accompanied by reasonable evidence of the costs
incurred, within 30 days after moving. The developer shall reimburse the household
within 30 days following receipt of the request.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.