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(a) There is hereby created an appeal tax court to be known as "the appeal tax court for Montgomery County, Maryland."
(b) The appeal tax court for the county, shall consist of three (3) members, to be appointed by the county executive, subject to the confirmation of the county council, one (1) of such members to be designated by the county executive as chairman, subject to the confirmation of the county council.
(c) Each member of the appeal tax court for the county appointed after June 9, 1953 shall be paid for the performance of public duties imposed upon him by virtue of his appointment the sum of twenty dollars ($20.00) for each meeting of the appeal tax court which the member attends in person, but not to exceed twenty dollars ($20.00) for any one (1) day or three thousand dollars ($3,000.00) during any fiscal year; except, that each member of the appeal tax court appointed or re-appointed after May 30, 1960 shall be paid for the performance of public duties imposed upon him by virtue of his appointment the sum of thirty dollars ($30.00) for each meeting of the appeal tax court which the member attends in person, but not to exceed thirty dollars ($30.00) for any one (1) day or three thousand dollars ($3,000.00) during any fiscal year. (Mont. Co. Code 1965, § 84-2; 1971 L.M.C., ch. 15, § 1.)
(a) For the purpose of this section, a moderate-income multifamily rental housing facility is a rental apartment facility which (1) has five (5) or more dwelling units, (2) has entered into an agreement with the housing opportunities commission to participate in the section 8 housing assistance payments program for existing housing and (3) as of the January 1 preceding the tax year for which the tax deferral is sought has at least fifteen (15) percent of its units renting at or below the fair market rents for existing facilities as established by the department of housing and urban development for Montgomery County under section 8 of the United States Housing Act of 1937, as amended.
(b) Owners of rental facilities may apply for a deferral of Montgomery County real property taxes due and payable for a rental facility. Taxes eligible for the deferral shall, where applicable, consist of:
(1) General county tax.
(2) Washington Suburban Transit District tax.
(3) Fire district tax.
(4) Advance land acquisition tax.
(5) Metropolitan district tax.
(6) Regional district tax.
(7) Recreation district tax.
(8) WSSC sanitary district tax.
(9) Storm drainage district tax.
(10) Suburban district tax.
(c) The amount of taxes which may be deferred for any one (1) year shall be the amount calculated by taking the percentage of dwelling units renting at or below fair market rents as of January 1 to the total number of dwelling units in the facility, and multiplying the percentage by the assessment of the rental facility, and multiplying the product by the applicable tax rates. Where a rental facility consists of two (2) or more buildings, the owner may elect to have the tax deferral calculated separately for each building. The election shall be made at the time of application for the deferral and shall be final for the taxable year for which the deferral is sought.
(d) Interest must accrue on the deferred taxes at the rate specified in Sections 8-421, 10-102, 14-602, and 14-603 of the Tax-Property Article of the Maryland Code.
(e) At no time may the accumulation of deferred taxes and accrued interest exceed fifty (50) percent of the full cash value of the rental facility as determined by the supervisor or assessments for Montgomery County.
(f) All taxes deferred and interest accrued thereon shall be a first lien on the property, having the priority of real property taxes, until paid or otherwise extinguished by operation of law. The taxes are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property shall be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest shall be a personal liability of the owner of the property immediately prior to the happening of any of the conditions listed in subsection (g) below.
(g) All taxes deferred and interest accrued thereon shall be due and payable upon any of the following conditions:
(1) The property no longer qualifies as a moderate-income multifamily rental housing facility, as defined above;
(2) The owner fails to submit a timely annual application for deferral;
(3) Title to or controlling interest in the rental facility is conveyed, except in the case of a distribution by will or descent upon the death of the owner;
(4) A notice of intent to establish a condominium regime or create a cooperative housing project is given to tenants; or
(5) The rental facility becomes subject to tax sale.
(h) The director of finance, at the director's discretion, and upon request of the owner, may at any time enter into an installment agreement, in form acceptable to the director, to repay the county the accumulated deferred taxes and accrued interest except where deferred taxes have become due under subsection (g)(3), (4) or (5). All amounts to be paid under an installment agreement (1) shall bear interest at the rate specified in subsection (d); (2) shall remain a first lien on the property; and (3) shall become due and payable upon the happening of any condition listed in subsection (g)(3), (4) or (5) above. Once an installment agreement has been entered into, the property shall not be eligible for further deferral of taxes until all taxes previously deferred and accrued interest have been paid in full. In the event an installment payment agreement is entered into and the payment of any installment becomes delinquent, the property may be sold at tax sale or legal action may be instituted for the remaining balance due under the agreement.
(i) Applications for a tax deferral under this section shall be submitted to the director of finance by the first day of April immediately preceding the taxable year for which a tax deferral is sought to be applied or continued. The application shall include a certification as to the number of units rented at or below fair market rentals as of the prior January 1. Applications shall be on forms acceptable to the director and shall be sworn to by the applicant. The director shall notify the applicant of approval or disapproval.
(j) Any person who knowingly transmits a false or fraudulent application, or statement, or withholds information, in order to obtain a deferral under this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000.00) for each offense or six (6) months in jail or both. In addition, such persons shall be liable for and shall repay to the county any and all amounts of taxes and interest deferred. The county may enforce this provision by propriate civil action; and such persons shall be liable for all fees, costs and expenses of such proceedings.
(k) The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code, for the administration of this deferral program. (1981 L.M.C., ch. 24, § 1, 1984 L.M.C., ch. 24, § 50; 2010 L.M.C., ch. 52, § 1; 2016 L.M.C., ch. 7, § 2.)
Editor’s note—Section 52-19 is cited in Montgomery County v. Federal National Mortgage Association, 740 F.3d 914 (4th Cir. 2014).
(a) Taxpayers who own, in fee simple, and actually occupy residential real property as their principal place of residence may, upon written application approved as provided below, receive a deferral of due and payable county real property taxes on the property for the levy year July 1, 1981, and thereafter. For the purposes of this section, residential real property includes property owned by the taxpayer adjacent to his residence, provided it is unimproved and not assessed on the basis of agricultural use. The real property on which the residence is located must be included in the property for which deferral is sought, and not more than ten (10) acres in total shall be eligible for the deferral of real property taxes under this program. The amount of taxes which may be deferred pursuant to this section, for any one (1) year, is that amount, as determined by the county's director of finance, to be attributable to an assessment increase resulting directly from a government-initiated change in the zoning classification of the property to a higher intensity use. In determining the applicable increase in assessment, the director shall utilize information to be requested from the office of the supervisor of assessments for Montgomery County relative to the full cash value assessment of the subject property for each triennial cycle based on the residential zoning of the property prior to its reclassification.
(b) County real property taxes eligible for the deferral shall, where applicable, consist of:
(1) General county tax;
(2) Washington Suburban Transit District tax;
(3) Fire district tax;
(4) Advance land acquisition tax;
(5) Metropolitan district tax;
(6) Regional district tax;
(7) Recreation district tax;
(8) Washington Suburban Sanitary District tax;
(9) Storm drainage district tax; and
(10) Suburban district tax.
(c) Interest must accrue on the deferred taxes at the rate specified in the Tax-Property Article, section 14-603 of the Annotated Code of Maryland.
(d) At no time may the accumulation of deferred taxes and accrued interest exceed fifty (50) percent of the current full cash value of the property as determined by the supervisor of assessments for Montgomery County, or a lesser amount elected by the taxpayer by written notice to the director. The election of a lesser amount does not constitute a withdrawal from the program. Where such maximum amounts have been reached, they may continue to be deferred until any of the conditions of subsection (g) occurs.
(e) No penalty shall be charged during the period of the deferral on any taxes deferred pursuant to this section.
(f) All taxes deferred and interest accrued thereon shall be a first lien on the property, having the priority of real property taxes, until paid or otherwise extinguished by operation of law. The deferred taxes and accrued interest are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property shall be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest shall be a personal liability of the person or persons who owned the property immediately prior to the occurrence of any of the conditions listed in subsection (g) below.
(g) All taxes deferred and interest accrued thereon shall be due and payable upon any one of the following conditions:
(1) The taxpayer ceases to own the property in fee simple;
(2) The taxpayer ceases to occupy the property as his principal place of residence;
(3) The property becomes subject to tax sale; or
(4) The use of the property changes.
(h) A taxpayer shall be eligible for the tax deferral provided for by this section only if he had a fee simple ownership interest in the property and occupied the property at his principal place of residence for at least twenty-four (24) months immediately prior to the effective date of the zoning resolution as a result of which a tax deferral under this section is sought.
(i) Applications for a tax deferral under this section shall be submitted to the director of finance no later than September 1 of the first tax year in which the taxpayer wishes to participate in the program. The taxpayer may receive a refund, without interest, for deferrable taxes paid for the first tax year. Applications shall be on forms acceptable to the director and shall be sworn to by the taxpayer. The director shall notify the taxpayer of approval or disapproval. Once approved, no further applications are required.
(j) A taxpayer may withdraw from the program by giving written notice to the director and paying all deferred taxes and accrued interest, whereupon the director shall cease deferral of taxes, effective the following tax year; and the taxpayer shall not be eligible for further participation in the program.
(k) Any person who knowingly transmits a false or fraudulent application, or statement, or withholds information, in order to obtain a deferral under this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000.00) for each offense or six (6) months in jail or both. In addition, such persons shall be liable for and shall repay to the county any and all amounts of deferred taxes, and interest and penalties accrued thereon. The county may enforce this provision by appropriate civil action, and such persons shall be liable for all fees, costs and expenses of such proceedings.
(l) Where the council president notifies persons who may be affected by a pending comprehensive rezoning application, the notification shall include notice to the effect that in the event property is rezoned to a higher intensity use, the taxpayer may be eligible for a tax deferral and should contact the county division of revenue for further information.
(m) The county executive is authorized to adopt regulations, under method (2) of section 2A- 15 of this Code, for the administration of this deferral program. (1982 L.M.C., ch. 60, § 1; 1984 L.M.C., ch. 24, § 50; 1986 L.M.C., ch. 18, § 1; 1989 L.M.C., ch. 44, § 1; 1990 L.M.C., ch. 42, § 2; 2016 L.M.C., ch. 7, § 2.)
Editor's note-Section 2 of 1982 L.M.C., ch. 60, reads as follows: "Sec. 2. Notwithstanding anything in this Act to the contrary, applications for the deferral of taxes due and payable on or after July 1, 1981, and subsequent tax years, may be submitted during a sixty-day period beginning on the first day following the effective date of this Act [June 23, 1982]. That portion of the taxes due and payable for such tax years which the director determines could have been deferred and which have been paid may be refunded, without interest."
See also, § 52-22.
(a) In this section:
(1) Excise tax:
a. Is any tax not directly imposed on property; and
b. Includes but is not limited to fuel-energy taxes, telephone taxes, room rental transient taxes, beverage container taxes, and transfer taxes.
(2) Taxpayer means any person or persons paying or liable to pay, remit, or collect any tax, or against whom any liability for taxes is claimed or asserted, or could be claimed or asserted, whether on the behalf of the taxpayer or of others.
(3) Person means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, corporation, or other entity.
(b) If a taxpayer fails to pay to the county any excise tax when due and payable, that tax and any interest, penalties, fees, and costs are a lien in favor of the county on all property, real or personal, and all rights to the property that belongs to the taxpayer.
(c) A lien under this section:
(1) Arises from and after the date that notice is given that the tax is due and payable;
(2) Continues until the liability is satisfied and the lien is released by the county;
(3) Attaches to real property only after notice is filed by the county with the circuit court where the real property is located;
(4) Has the full force and effect of a lien of judgment.
(d) The clerk of the circuit court under subsection (c)(3) of this section must record and index all notices of lien and file the lien in the judgment records.
(e) To enforce the lien and judgment on the property of the taxpayer for the tax, interest, penalties, fees, and costs, the county may:
(1) File a civil action by way of attachment, execution, or otherwise in any of the courts; and/or
(2) Sell the real property at tax sale in the same manner as real property is sold for nonpayment of taxes. (1986 L.M.C., ch. 36, § 1; 2016 L.M.C., ch. 7, § 2.)
Editor’s note—The above section is cited in Montgomery County v. Waters Landing Limited Partnership, 99 Md.App. 1, 635 A.2d 48 (1994). The Court held that the impact tax was valid.
Section 52-21 (formerly § 52-18D, 2016 L.M.C., ch. 7, § 1) was derived from 1984 L.M.C., ch. 13, § 1, as amended by 1984 L.M.C., ch. 24, § 50, and 1984 L.M.C., ch. 27, § 33. It granted a tax exemption for certain land owned by Great Hope Homes Limited for the tax year commencing July 1, 1983, and terminating June 30, 1984. Subsequently, 1986 L.M.C., ch. 36, § 1, added a new § 52-18D.
(a) Definitions. In this Section the following words have the meanings indicated:
Dependent means a dependent under Section 152 of the Internal Revenue Code.
Director means the Director of the Department of Finance.
Legal interest has the meaning stated in Section 9-104 of the Tax-Property Article of the Maryland Code.
Owner means an individual who has a legal interest in residential real property.
(b) Authorization; Amount of Deferral. An owner may defer payment of County property taxes due on residential real property occupied by the owner as the owner’s principal residence if the owner meets the requirements of this Section. The amount of taxes that may be deferred for any one year is the amount that County taxes due exceeds the amount of County property taxes paid in the prior taxable year.
(c) Program Eligibility. An owner is eligible for a payment deferral under this Section if:
(1) (A) the gross income or combined gross income of all individuals who actually reside in the dwelling (except a dependent or a person who pays reasonable fixed charges for rent or room and board), did not exceed $120,000 for the calendar year that immediately precedes the taxable year for which the deferral is sought; and
(B) the owner, or at least one of the owners, has resided in the dwelling as that person’s principal place of residence for 5 consecutive years and continues to occupy the property for that purpose; or
(2) (A) the owner is at least 65 years old; and
(B) the gross income or combined gross income of all individuals who actually reside in the dwelling (except a dependent or a person who pays reasonable fixed charges for rent or room and board), did not exceed $80,000 for the calendar year that immediately precedes the taxable year for which the deferral is sought.
For purposes of income determination under paragraph (c), and to the extent consistent with this Section, gross income or combined gross income must be calculated in accordance with Section 9-104 of the Tax-Property Article of the Maryland Code.
(d) Eligible Residential Property. The amount of the property eligible for a deferral is limited to the real property on which the residence is located, the curtilage, as determined by the Supervisor of Assessments, and any adjacent unimproved land on the same lot or parcel that is not assessed on the basis of agricultural use. A deferral must not be granted for taxes attributable to any improvement to the property that was not reflected in the assessment used for the base year for which taxes were paid to determine the amount of tax deferral under subsection (b).
(e) Eligible Taxes. County real property taxes that are eligible for deferral are the general County tax and, where applicable, special service area taxes.
(f) Interest.
(1) Except as provided in paragraph (2), interest accrues on the deferred taxes at a rate set annually by the Director that does not exceed the prime lending rate generally available on June 1 of the preceding fiscal year. The regulations adopted under subsection (q) must specify the source or sources that the Director must use to calculate the prime rate generally available on June 1 of each year. The annual interest rate set by the Director applies to any tax deferred that year, regardless of the year when the tax was first deferred.
(2) Notwithstanding paragraph (1), for deferrals for owners eligible under paragraph (c)(2), the interest accrues on the deferred taxes at a rate of 0.0% or another amount set by Council resolution.
(g) Annual Tax Bills. The cumulative amount of the payment deferral and accrued interest must be specified in the taxpayer’s annual property tax bill. The Director must record the amount of that deferral in the County tax records.
(h) Limits on Deferrals. The accumulation of deferred taxes and accrued interest must not exceed 50% of the full cash value of the property, as determined by the Supervisor of Assessments, or a lesser amount elected by the taxpayer and specified in the agreement required under subsection (l). When the maximum amounts have been reached, those amounts may continue to be deferred until any of the events specified in subsection (k) occur. An owner who receives a tax deferral under this Section must not also receive a tax deferral under Section 52-20.
(i) Penalties. A penalty must not be charged during the period of the deferral on any taxes deferred under this Section.
(j) Liens. All taxes deferred and interest accrued on the taxes are a first lien on the property, with the priority of real property taxes, until paid or otherwise extinguished by operation of law. The deferred taxes and accrued interest are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property must be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest constitutes a personal liability of the person or persons who owned the property immediately before the occurrence of any event specified in subsection (k).
(k) Events Accelerating Payment. Except as otherwise provided in this subsection, all deferred taxes and accrued interest become due and payable if:
(1) ownership of the property is transferred;
(2) an owner no longer occupies the property as that person’s principal residence;
(3) the property becomes subject to tax sale; or
(4) the use of the property changes.
However, the property tax deferral remains available to a surviving spouse, or to a spouse or former spouse in possession of the residence under a written separation agreement or divorce decree, for amounts previously deferred. A spouse or former spouse may continue to defer taxes if that person is otherwise eligible under subsection (c).
(l) Applications; Agreement with Director of Finance. An application for a tax deferral under this Section must be submitted to the Director no later than September 1 of the tax year in which the taxpayer seeks to obtain a tax deferral, or any other date established by regulations. An eligible owner may receive a refund, without interest, for deferrable taxes paid for the first tax year. Applications must be on forms acceptable to the Director and must be sworn to as true by the owner or each joint owner. The Director may request information to verify eligibility under this Section, including income tax records, and may require a certification by the applicant of all joint owners, persons having an equitable interest in the property, and parties having a secured interest in the property. If the applicant is eligible, the Director or the Director’s designee must execute a written agreement with the owner or each joint owner before a tax deferral can be made. The agreement must reflect the terms and conditions of the deferral including notice of the lien. The agreement may provide for repayment of the deferred taxes and accrued interest in installments if the owner ceases to occupy the property as that owner’s principal residence but maintains ownership. Interest must be assessed at the rate specified under subsection (f). The Director must record the written agreement in the County’s land records. The agreement must include a conspicuous statement that indicates it is being recorded by or on behalf of the County.
(m) Notification of Secured Parties. The Director must notify all mortgagees or beneficiaries under any deed of trust of a payment deferral under this Section and of the amount of tax to be deferred. In selecting who to notify, the Director may rely on any certification made by the taxpayer under subsection (l). Notification must also be given when participation in the payment deferral program terminates.
(n) Program Withdrawal. A taxpayer may terminate the deferral at any time by giving written notice to the director and paying all deferred taxes and accrued interest. If a taxpayer terminates a deferral, the Director must record a notice of a termination of deferral in the County’s land records. The notice must include a conspicuous statement that indicates it is being recorded by or on behalf of the County.
(o) Penalties for False or Fraudulent Information. A person who knowingly submits a false or fraudulent application or statement, or withholds information, in order to obtain a deferral under this Section has committed a class A violation. In addition, the person is liable for and must repay to the County deferred taxes and accrued interest and penalties applicable to overdue taxes. The County may enforce this subsection by appropriate judicial action. A person who violates this Section is liable for all court costs and expenses of the County in a civil action.
(p) Appeals. Any owner aggrieved by a decision of the Director under this Section may appeal to the Maryland Tax Court. An appeal must be filed within 30 days after the owner receives written notice of the decision from the Director.
(q) Regulations. The County Executive must adopt regulations under method (2) to administer this tax deferral program.
(r) Annual Report. The Director must provide an annual report to the County Council by January 1 of each year that describes the extent of program participation, aggregate amounts of taxes deferred, interest accrued, administrative costs, and other relevant information. (1990 L.M.C., ch. 42, § 1; 2005 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 17, §1; 2016 L.M.C., ch. 7, § 2.)
Editor’s note—Section 52-22 (formerly § 52-18F, 2016 L.M.C., ch. 7, § 1) was added by § 1 of 1990 L.M.C., ch. 42; section 3 made the effectiveness of the act contingent on the enactment of House Bill 1137. It was adopted as 1990, ch. 652.
See also § 52-20.
The Director of Finance must refund to each disabled veteran or blind person who qualifies for a property tax exemption under state law county property taxes paid for the three taxable years before the year for which the exemption was first granted, as provided in state law, if:
(1) the Supervisor of Assessments certifies that the taxpayer has qualified for the exemption;
(2) the taxpayer was qualified for an exemption during the entire taxable year for which the refund is claimed; and
(3) the taxpayer claims a refund from the Director not later than 3 years after the tax to be refunded was paid. (1994 L.M.C., ch. 1, § 1; 2016 L.M.C., ch. 7, § 2.)
Editor’s note—Section 52-23 (formerly § 52-18G, 2016 L.M.C., ch. 7, § 1), relating to a homestead property tax credit, derived from FY 1991 L.M.C., ch. 27, § 1, was repealed by CY 1991 L.M.C., ch. 41, § 1. Section 2 of ch. 41 gave a credit percentage for the taxable years beginning July 1, 1991, and July 1, 1992, of 110%. Subsequently, 1994 L.M.C., ch. 1, § 1, added a new § 52-18G (now § 52-23, 2016 L.M.C., ch. 7, § 1).
(a) Definitions. In this Section, the following words have the following meanings.
Area median income means the median household income for the Washington, DC metropolitan area as estimated by the U.S. Department of Housing and Urban Development, adjusted by household size based on the occupancy standard for the unit.
Director means the Director of Finance or the Director’s designee.
Payment in lieu of taxes means an authorized payment made by the owner of a qualifying housing development instead of paying the County real property tax, including a County real property tax levied under a special area taxing law, that would otherwise be due.
Section 8 Project-Based Rental Assistance means a program operated by the U.S. Department of Housing and Urban Development that provides housing assistance payments under a contract with the owner of a multi-family rental housing property to make up the difference between rent affordable to a low income household earning between 50 and 80 percent of the area median income and the approved rent for an adequate housing unit pursuant to 42 U.S.C. §1437f, as amended.
(b) When authorized by state law, the Director may agree to accept a negotiated payment in lieu of the real property tax that would otherwise be levied on a qualifying housing development. A qualifying housing development is any housing development of which the owner is expressly eligible under state law to make payments in lieu of taxes.
(c) When authorized by state law, the Director must offer a payment in lieu of taxes for a qualifying housing development:
(1) owned or controlled by the Housing Opportunities Commission that exempts 100% of the real property tax that would otherwise be levied;
(2) owned or controlled by a non-profit housing developer if at least 50% of the dwelling units located on the property receiving the payment in lieu of taxes are built under a government regulation or binding agreement with the County limiting the rent charged for the unit for at least 15 years to make the unit affordable to households earning 60% or less of the area median income. The offer must exempt 100% of the real property tax that would otherwise be levied for a period of at least 15 years, but no more than the number of years that rents charged for 50% of the dwelling units must remain restricted to households earning 60% or less of the area median income; or
(3) owned or controlled by a non-profit housing developer if all of the dwelling units are subject to a Section 8 Project-Based Rental Assistance Payment contract. The offer must exempt 100% of the real property tax that would otherwise be levied as long as the Section 8 Project-Based Rental Assistance Payment contract is in effect.
(d) The Director must not offer a payment in lieu of taxes for a qualifying housing development under this Section for any property that has already received a payment in lieu of taxes under any Section.
(e) Any payment accepted by the Director must conform to guidelines included in a regulation adopted by the Executive under method (1). Before the Director accepts a payment in lieu of taxes, the Director must consult the Director of the Department of Housing and Community Affairs on whether:
(1) the subject of the payment is a qualifying housing development; and
(2) the amount of the payment complies with applicable guidelines.
(f) The Executive, in each annual operating budget submitted to the Council, must calculate the amount of pending payments in lieu of taxes already approved under this Section, including payments for housing developments owned or operated by the Housing Opportunities Commission. (2002 L.M.C., ch. 26, § 1; 2016 L.M.C., ch. 7, § 2; 2021 L.M.C., ch. 37, §1.)
Editor’s note—2021 L.M.C., ch. 37, § 2, states: Sec. 2. Transition. Except for Subsection (c)(3), the amendments in Section 1 establishing a mandatory payment in lieu of taxes must only apply to a property that is eligible for a payment in lieu of taxes due to affordable dwelling units that come under a government regulation or binding agreement limiting the rent charged on or after this Act takes effect.
2002 L.M.C., ch. 26, § 2, states, in part: This Act applies to taxes due during the tax year that began on July 1, 2002, and any later tax year. 2002 L.M.C., ch. 26, § 3, states: Until October 31, 2002, any payment accepted by the Director of Finance under County Code Section 52-18M (now § 52-24, 2016 L.M.C., ch. 7, § 1), inserted by Section 1 of this Act, need not conform to guidelines included in a regulation adopted by the County Executive, as required by Section 52-18M(b) (now § 52- 24(b)).
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