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The following terms, wherever used or referred to in this article, shall have the following respective meanings, unless a different meaning is clearly intended by the context:
(a) Persons of eligible income. Persons who individually or as part of a family unit lack sufficient income or assets (as determined by the county executive or his designee) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.
(b) Opportunity housing. Those dwelling or housing units for which the rental or selling price is established by the county pursuant to this article in order that persons of eligible income may be able, within their respective incomes, to live in decent, safe and sanitary accommodations without overcrowding.
(c) Opportunity housing project. Any work or undertaking pursuant to this article to provide decent, safe and sanitary individual or multi-unit dwellings or housing for persons of eligible income. Such work or undertaking may include, but shall not be limited to, the provision of buildings, land, equipment, utilities, streets, parks and any other facilities, rights or appurtenances deemed to be necessary, convenient or desirable within the general intent of this article. The phrase "opportunity housing project" also may be applied to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of improvements and all other work in connection with the production of opportunity housing units.
(d) Nonprofit housing development corporation. A nonprofit or charitable private or public corporation authorized by the county to receive and expend public funds, in order to provide, or assist in providing, decent, safe and sanitary dwelling accommodations without overcrowding.
(e) Real property. All lands, including improvements and fixtures thereon, and the property of any nature appurtenant thereto, or use in connection therewith, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (1974 L.M.C., ch. 41, § 1.)
For the purpose of effectuating and carrying out the provisions of this article, the county, is hereby powered, and the county executive is hereby authorized on the county's behalf, to:
(a) Public funds. Expend public funds for any of the purposes set forth in this article.
(b) Opportunity housing projects. Institute opportunity housing projects by preparing, carrying out, acquiring and operating opportunity housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any opportunity housing project, or any part thereof.
(c) Acquisition of land and property. Acquire, within the boundary lines of the county, by purchase, gift, option, condemnation or any other legal means, real and personal property of every kind, and any right, title, interest, franchise, easement or privilege therein, for use in opportunity housing projects, all in conformity with section 20-37.
(d) Sale, lease, etc. Grant, sell, lease, convey, transfer or otherwise dispose of or return any of the aforesaid real property, regardless of whether or not it has been developed, redeveloped, altered or unimproved, and irrespective of the manner in, or means by, which it may have been acquired, to any sponsors of opportunity dwellings or housing or to any other private or public or quasi-public corporation, partnership, association, person, developer or other legal entity, upon such terms and conditions as may be determined by the county to make economically feasible the development of opportunity housing without the necessity of public bidding or public sale, expressly for the purpose of constructing opportunity housing for persons of eligible income; provided, that such disposition, grant or lease of any such property shall first have been advertised once a week for three (3) successive weeks in one (1) or more newspapers of general circulation published in the county, stating the terms and the compensation to be received therefor, and giving time for filing of objections thereto; and in the event such conveyance takes place the purchaser or lessee thereof shall, prior to entering into any contract or agreement to resell, encumber or in any way lease or otherwise retransfer the property, first obtain written consent of the county executive.
(e) Provide services. Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, an opportunity housing project or the occupants thereof.
(f) Borrow money or issue bonds. Issue bonds or borrow money under other obligations from time to time at the county's discretion, in order to carry out the purposes stated in this article.
(g) Insurance. Provide for the securing of insurance against any risks or hazards to any real or personal property or operations of the county in the performance of its duties and the carrying out of its authority as set out in this article; and to procure insurance or guarantees from the federal government or the state for the payment of any debts or encumbrances, or parts thereof, under any federal or state programs for which the county would be eligible in carrying out the purposes of this article.
(h) Eligibility standards. Adopt and revise standards, by executive regulations adopted by the county executive under method (2) of section 2A-15 of this Code, for eligibility for renting or purchasing opportunity housing, and establish and revise the rents, sales prices or charges therefor; such rents, sales prices or charges to be based upon a net of maximum income or other financial limits to be established and revised by the county executive for eligibility and admission to such opportunity housing. In establishing and revising such income limits, the county executive shall consider all available statistical data indicating the minimum rentals and sales prices of dwelling units or housing available or being produced in the private market, including sales price data from the county's department of finance; the vacancy ratio in rental units; the currently prevailing prices at which private enterprise can and will produce sales and rental units; and any other statistical data which at the discretion of the county executive is deemed appropriate and relevant to the general market and economic conditions that currently exist.
(i) Investigate and plan. Investigate into living and dwelling conditions and into possible means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling or housing accommodations; to make or have made all studies, surveys and plans necessary to carry out the purposes of this article, and to adopt or approve, modify and amend such plans; and to cooperate with the federal government and the state, or any political subdivision thereof, in planning actions to be taken to remedy problems of housing in connection with the purposes of this article.
(j) Repurchase option. As consideration for the assistance provided the purchaser of an opportunity housing unit by the county pursuant to this article, the county executive, his or her designee or any agency or corporation empowered to carry out the powers granted by this article, may require the purchaser, prior to the sale of such housing unit, to grant by written agreement to the county or said agency or corporation an irrevocable option to repurchase said housing unit for a period of up to five (5) years if the purchaser desires to sell said unit for any reason. The price to which the purchaser shall be entitled under this agreement is the price that was paid by the purchaser plus that percentage of the unit's appreciation in value attributable to the increase in the cost-of-living for the period between purchase and sale, as determined by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, plus the value of improvements beyond normal maintenance. If more than one consumer price index is published by the federal government, then the county executive, his or her designee, or any agency or corporation empowered to carry out the powers of this article, shall determine which index is to be applied.
(k) Loans, subsidies, mortgages. Make mortgage loans and rent subsidy payments to persons of eligible income; make construction loans and long-term mortgage loans to any person, firm, partnership, association, joint venture or corporation, public or private, to produce housing for persons of eligible income; purchase mortgages secured by housing for persons of eligible income.
(l) Exercise of powers. Exercise all, or any portion or combination of, the powers and authorizations herein granted. (1974 L.M.C., ch. 41, § 1; 1979 L.M.C., ch. 54, § 1; 1984 L.M.C., ch. 24, § 54; 1984 L.M.C., ch. 27, § 37; 2018 L.M.C., ch. 3, §1.)
The duties, powers, authorizations and responsibilities set forth in this article may be carried out by and through the housing authority of the county or any successor thereto wherever and to the extent they are within the powers granted by law to the said authority. Subject to the foregoing, the county is hereby authorized to provide for the creation of a nonprofit corporation or corporations pursuant to state law, or assist a private nonprofit corporate body or bodies, to carry out opportunity housing projects, which corporation or corporations may be authorized to assist the county in exercising its duties, powers, authorizations and responsibilities set forth in this article, including but not limited to the sale of real property upon such terms and conditions and at such prices as may be determined to make economically feasible the development of opportunity housing. The articles of incorporation and bylaws of any such nonprofit corporation or corporations created under county direction pursuant to state law, other than corporations created by special act of the general assembly, shall be submitted by the county executive to the county council and shall be subject to approval, disapproval or modification and approval by resolution of the council after appropriate public hearing. An additional public hearing or hearings shall not be required if either the articles of incorporation or the bylaws are modified by the council after the initial public hearing. Any articles of incorporation submitted hereunder shall include, but not be limited to, provisions specifying the composition and membership of the board of directors, the method of their appointment and methods of financing the operations and programs of the corporation. (1974 L.M.C., ch. 41, § 1.)
The county council may grant to the county any and all additional power and authority necessary or proper to carry into full force and effect any and all of the specific powers set out in this article and to fully accomplish any and all of the purposes and objects contemplated by the provisions of this article; provided such additional power or authority is not inconsistent with the terms and provisions of this article or with any of the provisions of the constitution of Maryland or any other provision of state law. (1974 L.M.C., ch. 41, § 1.)
The county council hereby finds that there is a portion of the county's rental housing being converted to condominium or other status; that such conversions are having the effect of displacing particular segments of the population from the rental housing market, the most vulnerable of whom are elderly and/or handicapped persons of fixed income, and other persons of moderate income; that many such individuals are financially unable to remain in the rental housing market in Montgomery County successfully or to exercise any right of first refusal without special financial assistance; and that loans and grants for rental or purchase assistance for elderly or handicapped persons and rental assistance for other qualified persons are hereby declared to be for a public purpose serving the good government, peace, health and welfare of the county. (1980 L.M.C., ch. 55, § 1; 1982 L.M.C., ch. 1, § 1.)
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