Maryland Code § TP-9-304

Section TP-9-304
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(a) (1) The Mayor and City Council of Baltimore City shall grant, by law,
a property tax credit under this section against the county property tax imposed on
real property that:
(i) is subject to a perpetual conservation easement donated to
the Maryland Environmental Trust on or before June 30, 1986; and
(ii) is not eligible for a credit under § 9-107 of this title.
(2) The Mayor and City Council of Baltimore City shall provide, by
law, for:
(i) the amount and duration of the property tax credit under
this section; and
(ii) any other provisions necessary to carry out the property
tax credit under this section.
(b) The Mayor and City Council of Baltimore City may grant, by law, a
property tax credit under this section against the county property tax imposed on:
(1) real property that is leased, occupied, and used only by the Arc
Baltimore, Inc.;
(2) personal property that is owned by the Northwest Family Sport
Center, Inc.; and
(3) property that is:
(i) owned by the South Baltimore Little League;
(ii) located at 1101 E. Fort Avenue, Baltimore, Maryland; and
(iii) used for amateur sports.
(c) (1) In this subsection, "vacant dwelling" means residential real
property that:
(i) contains no more than four dwelling units; and
(ii) 1. has been cited with a vacant building notice; or

2. has been owned by the Mayor and City Council of
Baltimore City for 1 year and is in need of substantial repair to comply with
applicable city codes.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on real property that is owned by qualifying owners of vacant dwellings.
(3) A property tax credit granted under this subsection may not
exceed the amount of county property tax imposed on the increased value of the
residential real property that is due to the improvements made to the property
immediately before the occupancy permit was issued, multiplied by:
(i) 100% for the first taxable year in which the property
qualifies for the tax credit;
(ii) 80% for the second taxable year in which the property
qualifies for the tax credit;
(iii) 60% for the third taxable year in which the property
qualifies for the tax credit;
(iv) 40% for the fourth taxable year in which the property
qualifies for the tax credit;
(v) 20% for the fifth taxable year in which the property
qualifies for the tax credit; and
(vi) 0% for each taxable year thereafter.
(4) Owners of vacant dwellings may qualify for the tax credit
authorized by this subsection by:
(i) substantially rehabilitating the vacant dwelling in
compliance with the code and laws applied to dwellings;
(ii) occupying the dwelling after rehabilitation as their
principal residence; and
(iii) satisfying other requirements as may be provided by the
Mayor and City Council of Baltimore City.

(5) The Mayor and City Council of Baltimore City may provide for
procedures necessary and appropriate for the submission of an application for and
the granting of a property tax credit under this subsection.
(d) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Eligible dwelling" means residential real property that is:
1. a newly constructed dwelling; or
2. a substantially rehabilitated dwelling.
(iii) 1. "Major building component" means a component, at
least 50% of which is replaced, that:
A. is significant to the dwelling and its use;
B. is normally expected to last the useful life of the
dwelling; and
C. is not minor or cosmetic.
2. "Major building component" includes:
A. roof structures;
B. wall or floor structures;
C. foundations; or
D. plumbing, central heating and air conditioning, or
electrical systems.
(iv) 1. "Newly constructed dwelling" means residential real
property that has not been previously occupied since its construction and for which
the building permit for construction was issued:
A. on or after October 1, 1994, but before July 1, 2019;
or
B. on or after July 1, 2020.

2. "Newly constructed dwelling" includes a "vacant
dwelling" as defined in subsection (c)(1) of this section that has been rehabilitated in
compliance with applicable local laws and regulations and has not been previously
occupied since the rehabilitation.
(v) "Owner" means "homeowner" as defined in § 9-105 of this
title.
(vi) 1. "Substantially rehabilitated dwelling" means
residential real property that, on or after July 1, 2020, has undergone repairs,
replacements, or improvements:
A. of two or more major building components;
B. that comply with local laws and regulations; and
C. for which the direct construction costs incurred by
the owner exceed $6,500 or, after the completion of the repairs, replacements, or
improvements, 30% of the property's assessed value in the taxable year.
2. "Substantially rehabilitated dwelling" does not
include a rehabilitated "vacant dwelling" as defined in subsection (c)(1) of this section.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on eligible dwellings that are owned by qualifying owners.
(3) A property tax credit granted under this subsection may not
exceed the sum of:
(i) the amount of county property tax imposed on the real
property that is attributable to the first $300,000 of assessed value, less the amount
of any other credit applicable in that year that is attributable to that amount of
assessed value, multiplied by:
1. 100% for the first taxable year in which the property
qualifies for the tax credit;
2. 40% for the second taxable year in which the
property qualifies for the tax credit;
3. 30% for the third taxable year in which the property
qualifies for the tax credit;

4. 20% for the fourth taxable year in which the
property qualifies for the tax credit;
5. 10% for the fifth taxable year in which the property
qualifies for the tax credit; and
6. 0% for each taxable year thereafter;
(ii) the amount of county property tax imposed on the real
property that is attributable to the amount of assessed value in excess of $300,000
but not exceeding $500,000, less the amount of any other credit applicable in that
year that is attributable to that amount of assessed value, multiplied by:
1. 50% for the first taxable year in which the property
qualifies for the tax credit;
2. 40% for the second taxable year in which the
property qualifies for the tax credit;
3. 30% for the third taxable year in which the property
qualifies for the tax credit;
4. 20% for the fourth taxable year in which the
property qualifies for the tax credit;
5. 10% for the fifth taxable year in which the property
qualifies for the tax credit; and
6. 0% for each taxable year thereafter; and
(iii) the amount of county property tax imposed on the real
property that is attributable to the amount of assessed value in excess of $500,000,
less the amount of any other credit applicable in that year that is attributable to that
amount of assessed value, multiplied by:
1. 25% for the first taxable year in which the property
qualifies for the tax credit;
2. 20% for the second taxable year in which the
property qualifies for the tax credit;
3. 15% for the third taxable year in which the property
qualifies for the tax credit;

4. 10% for the fourth taxable year in which the
property qualifies for the tax credit;
5. 5% for the fifth taxable year in which the property
qualifies for the tax credit; and
6. 0% for each taxable year thereafter.
(4) Notwithstanding the credit amount calculated under paragraph
(3) of this subsection, the Mayor and City Council of Baltimore City may establish,
by law, maximum limits on the cumulative property tax credit allowed under this
subsection or on the amount of the credit allowed for any year.
(5) Owners of eligible dwellings may qualify for the tax credit
authorized by this subsection by:
(i) if the eligible dwelling is a newly constructed dwelling,
purchasing the newly constructed dwelling;
(ii) occupying the eligible dwelling as their principal residence;
(iii) filing a State income tax return during the period of the tax
credit as a resident of Baltimore City; and
(iv) satisfying other requirements as may be provided by the
Mayor and City Council of Baltimore City.
(6) (i) The Mayor and City Council of Baltimore City may provide,
by law, for two application periods during which owners can apply for the property
tax credit under this subsection based on:
1. A. if the dwelling is a newly constructed
dwelling, the purchase date of the dwelling; or
B. if the dwelling is a substantially rehabilitated
dwelling, the date on which the rehabilitation is completed; and
2. the date of the assessment notice.
(ii) If granted, the tax credit shall be applied against the
owner's property taxes as long as the owner remains the owner-occupant of the
dwelling for which the credit is received.

(iii) The Mayor and City Council of Baltimore City shall provide
for any procedures necessary and appropriate for implementing the application
periods.
(7) The Mayor and City Council of Baltimore City may provide for
additional procedures necessary and appropriate for the submission of an application
for and the granting of a property tax credit under this subsection, including
procedures for granting partial credits for eligibility for less than a full taxable year.
(8) The estimated amount of all tax credits received by owners under
this subsection in any fiscal year shall be reported by the Director of Finance of
Baltimore City as a "tax expenditure" for that fiscal year and shall be included in the
publication of the City's budget for any subsequent fiscal year with the estimated or
actual City property tax revenue for the applicable fiscal year.
(9) (i) After June 30, 2025, additional owners of eligible dwellings
may not be granted a credit under this subsection.
(ii) This paragraph does not apply to an owner's continuing
receipt of a credit as allowed in paragraph (3) of this subsection, with respect to a
property for which a tax credit under this subsection was received for a taxable year
ending on or before June 30, 2025.
(e) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Dwelling" has the meaning stated in § 9-105(a)(2) of this
title.
(iii) "Homeowner" has the meaning stated in § 9-105(a)(3) of
this title.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit against the county property tax imposed on a dwelling that:
(i) is owned by a homeowner;
(ii) has been substantially improved since the last
reassessment; and
(iii) is reassessed at a higher value.
(3) Subject to paragraph (4) of this subsection, a tax credit under this
subsection shall equal the amount of county property tax imposed on the increased

value of the dwelling that is due to the improvements made to the property,
multiplied by:
(i) 100% for the first taxable year following the first
reassessment after the improvements are made;
(ii) 80% for the second taxable year following the first
reassessment after the improvements are made;
(iii) 60% for the third taxable year following the first
reassessment after the improvements are made;
(iv) 40% for the fourth taxable year following the first
reassessment after the improvements are made;
(v) 20% for the fifth taxable year following the first
reassessment after the improvements are made; and
(vi) 0% for each taxable year thereafter.
(4) (i) To continue eligibility for a tax credit under this
subsection, a dwelling must remain in compliance with the local housing code.
(ii) If a dwelling owned by a person who has received a tax
credit under this subsection is found to be in violation of the local housing code, the
property owner is not eligible for any further tax credit under this subsection until
the dwelling is determined again to be in compliance with the local housing code.
(iii) A dwelling that is again brought into compliance is eligible
for a tax credit at the rate it would have been eligible before the violation of the local
housing code.
(5) If a dwelling that is eligible for a tax credit under this subsection
is transferred, the grantee is eligible for the balance of the property tax credits under
this subsection in the same manner and under the same conditions as the grantor of
the property.
(6) The property tax credit may not apply to the value of the
improvements to the dwelling that exceed $100,000.
(7) To receive the tax credit under this subsection, the homeowner
shall have the burden of showing that the increase in assessment is due to the value
of the improvements to the dwelling that were made since the last assessment of the
dwelling.

(f) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Market-rate rental housing project" means a multifamily
dwelling containing five or more units in which none of the units are subject to
government restrictions on the amount of rent charged or the income level of the
tenant.
(iii) "Newly constructed" means that an occupancy permit is
issued on or after October 1, 1995.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on newly constructed market-rate rental housing projects.
(3) A property tax credit granted under this subsection may not
exceed the amount of county property tax imposed on the real property, less the
amount of any other credit applicable in that year, multiplied by:
(i) 50% for the first taxable year in which the property
qualifies for the tax credit;
(ii) 40% for the second taxable year in which the property
qualifies for the tax credit;
(iii) 30% for the third taxable year in which the property
qualifies for the tax credit;
(iv) 20% for the fourth taxable year in which the property
qualifies for the tax credit;
(v) 10% for the fifth taxable year in which the property
qualifies for the tax credit; and
(vi) 0% for each taxable year thereafter.
(4) The Mayor and City Council of Baltimore City may provide
additional eligibility requirements.
(5) The Mayor and City Council of Baltimore City may provide for
procedures for the submission of an application for a property tax credit under this
subsection and the granting of the credit, including procedures for the granting of a
partial credit for property qualifying for the credit for less than a full taxable year.

(6) A newly constructed market-rate rental housing project may not
qualify for the first taxable year of a tax credit under this subsection after June 30,
2001.
(7) An ordinance of the Mayor and City Council of Baltimore City
authorizing tax credits in accordance with this subsection shall require:
(i) the development of a method, to be approved by the Board
of Estimates, for analysis of the public costs and benefits of the tax credits; and
(ii) an annual report to the Board of Estimates and to the
Mayor and City Council of Baltimore City of the results and findings of that analysis.
(g) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Director" means the Director of the Department of
Finance of Baltimore City.
(iii) "Dwelling" has the meaning indicated in § 9-105 of this
title.
(iv) "Homeowner" has the meaning indicated in § 9-105 of this
title.
(2) The Mayor and City Council of Baltimore City shall grant, by law,
a property tax credit under this subsection against the county property tax imposed
on a dwelling located in Baltimore City that is newly purchased by a homeowner who
has received a credit under § 9-105 of this title for the preceding 5 years for a dwelling
located in Baltimore City.
(3) (i) To qualify for the credit under this subsection, a
homeowner shall submit an application to the Director as provided in this paragraph.
(ii) The application shall be:
1. made on the form that the Director requires; and
2. according to procedures established by the Director.
(4) (i) The credit under this subsection is a fixed amount of $4,000
to be applied to the homeowner's property tax bill over a period of 5 years as follows:

1. $1,000 in the first year;
2. $900 in the second year;
3. $800 in the third year;
4. $700 in the fourth year; and
5. $600 in the fifth year.
(ii) 1. The Mayor and City Council of Baltimore City may
increase the total amount provided under subparagraph (i) of this paragraph by up
to an additional $1,000 for a homeowner who purchases a dwelling located within a
low or moderate income census tract, as designated from time to time by the U.S.
Department of Housing and Urban Development and in which at least 51% of the
persons living in the tract are in households earning 80% or less of the area median
income.
2. A homeowner residing within a low or moderate
income census tract as described under subsubparagraph 1 of this subparagraph
when the homeowner submits an application under paragraph (3) of this subsection
shall remain eligible for the increased credit under this subparagraph even if the
census tract changes following the date of application and the homeowner would
otherwise be ineligible for the increased credit during the 5-year period.
3. The Director may establish additional criteria
necessary to carry out this subparagraph.
(5) A homeowner may not receive the credit under this subsection, or
a portion of the credit, if, in any year, the application of the credit, or a portion of the
credit, would reduce the homeowner's property tax liability below the homeowner's
property tax liability for the dwelling previously occupied by the homeowner.
(6) In any year in which a homeowner receives a credit under this
subsection, the homeowner may not receive:
(i) the local portion of the credit under § 9-105 of this title; or
(ii) except for the property tax credit provided under § 9-221
of this title, any other property tax credit provided by Baltimore City.
(7) The credit under this subsection may not be transferred to:

(i) a person who purchases a dwelling from a homeowner who
received the credit under this subsection; or
(ii) a dwelling that is subsequently purchased by a homeowner
who received the credit under this subsection.
(8) After the termination of the credit under this subsection, a
homeowner is entitled to the local portion of the credit under § 9-105 of this title,
which shall be calculated:
(i) as if the homeowner had received the credit under § 9-105
of this title beginning in the second year the homeowner occupied the dwelling; and
(ii) based on the full assessed value of the dwelling in each year
the homeowner received the credit under this subsection.
(9) (i) Baltimore City shall allocate no more than $3,000,000 for
each year that applications for the credit under this subsection are accepted to pay:
1. the total cost of the credits for the approved
applicants during the year for the entire period during which the applicants will
receive the credit; and
2. the cost of administering the credit by the
Department of Finance of Baltimore City.
(ii) The Director shall review and approve applications for the
credit under this subsection based on:
1. the date the application was received; and
2. the availability of the funds allocated for the credit
under subparagraph (i) of this paragraph.
(10) The Department of Finance of Baltimore City may adopt
regulations as necessary to carry out this subsection.
(h) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Eligible construction" means construction of a new
supermarket or any substantial renovation of an existing supermarket.
(iii) "Supermarket" means a grocery store that has:

1. all major food departments, including produce,
meat, seafood, dairy, and canned and packaged goods;
2. more than 50% of total sales derived from food sales;
and
3. more than 50% of total floor space dedicated to food
sales.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county personal property tax
imposed on personal property that is owned by a supermarket that:
(i) completes eligible construction; and
(ii) is located in a food desert retail incentive area.
(3) The Mayor and City Council of Baltimore City shall, by law,
designate what constitutes a food desert retail incentive area for purposes of the tax
credit under this subsection.
(4) A property tax credit granted under this subsection for a taxable
year may not exceed the amount of property tax imposed on the personal property of
a supermarket in that year.
(5) The Mayor and City Council of Baltimore City may establish, by
law:
(i) limits on the cumulative amount of property tax credits
granted under this subsection;
(ii) additional limitations on the amount of the credit;
(iii) additional eligibility requirements for supermarkets to
qualify for the tax credit under this subsection;
(iv) additional criteria for what constitutes eligible
construction that may qualify a supermarket for the tax credit under this subsection;
and
(v) any other provisions necessary to carry out this subsection.

(i) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Dwelling" has the meaning stated in § 9-105 of this title.
(iii) "Public safety officer" means a firefighter, an emergency
medical technician, or a law enforcement officer who is a sworn member of and
employed full time by:
1. the Baltimore City Fire Department;
2. the Baltimore City Police Department;
3. the Baltimore City Sheriff's Office; or
4. the Baltimore City Public School System.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on a dwelling located in Baltimore City that is owned by a public safety officer if the
public safety officer is otherwise eligible for the credit authorized under § 9-105 of
this title.
(3) In any taxable year, the credit under this subsection:
(i) may not exceed $2,500 per dwelling; and
(ii) may not exceed the amount of property tax imposed on the
dwelling.
(4) (i) Except as provided in subparagraph (ii) of this paragraph,
in any taxable year in which a public safety officer receives a credit under this
subsection, the public safety officer may not receive any other property tax credit
provided by Baltimore City.
(ii) In addition to the credit under this subsection, a public
safety officer may receive:
1. the local portion of the credit authorized under § 9-
105 of this title; and
2. the credit authorized under § 9-221 of this title.

(5) The Mayor and City Council of Baltimore City may establish, by
law:
(i) subject to paragraph (3) of this subsection, the amount and
application of the credit under this subsection;
(ii) the duration of the credit;
(iii) additional eligibility requirements for public safety officers
to qualify for the credit;
(iv) regulations and procedures for the application and uniform
processing of requests for the credit under this subsection; and
(v) any other provisions necessary to carry out this subsection.
(j) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Newly constructed dwelling" has the meaning stated in
subsection (d) of this section.
(iii) "Vacant dwelling" has the meaning stated in subsection (c)
of this section.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on real property that:
(i) is located in any neighborhood that the Baltimore City
Housing Department determines has a vacant dwelling rate of at least 35% for each
of the prior 3 years; and
(ii) is owned by qualifying owners of a vacant or newly
constructed dwelling.
(3) A property tax credit granted under this subsection shall be up to
100% of the property tax imposed on the value of the improvements for the first 10
taxable years in which the property qualifies for the tax credit.
(4) Owners of vacant or newly constructed dwellings may qualify for
the tax credit authorized under this subsection by:

(i) 1. substantially rehabilitating a vacant dwelling in
compliance with the code and laws applied to dwellings; or
2. A. purchasing a newly constructed dwelling; and
B. occupying the newly constructed dwelling as their
principal residence; and
(ii) filing a State income tax return during the period of the tax
credit as a resident of Baltimore City.
(5) Notwithstanding paragraph (4) of this subsection, a community
development corporation or a developer may qualify for the tax credit under this
subsection if the community development corporation or developer purchases the
dwelling to be used as residential rental property.
(6) The Mayor and City Council of Baltimore City shall provide for
procedures necessary and appropriate for the submission of an application for and
the granting of a property tax credit under this subsection.
(k) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "Dwelling" has the meaning stated in § 9-105 of this title.
(iii) "Low-income employee" means an individual who:
1. is employed full-time by Baltimore City;
2. is among the 25% lowest-paid, full-time Baltimore
City employees; and
3. owns a dwelling located in Baltimore City.
(2) The Mayor and City Council of Baltimore City may grant, by law,
a property tax credit under this subsection against the county property tax imposed
on a dwelling located in Baltimore City that is owned by a low-income employee if
the low-income employee is otherwise eligible for the credit authorized under § 9-
105 of this title.
(3) In any taxable year, the credit under this section may not exceed
the lesser of:
(i) $2,500 per dwelling; or

(ii) the amount of property tax imposed on the dwelling.
(4) The Mayor and City Council of Baltimore City may establish, by
law:
(i) subject to paragraph (3) of this subsection, the amount and
application of the credit under this section;
(ii) the duration of the credit;
(iii) additional eligibility requirements for the low-income
employee to qualify for the credit;
(iv) regulations and procedures for the application and uniform
processing of requests for the credit under this subsection; and
(v) any other provisions necessary to carry out this subsection.

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