BALTIMORE CITY
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Legislative and Regulatory Issues Impacting Baltimore City
July 2023
Inclusionary Housing Legislation Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders. MBIA in partnership with the BDW committee is advocating to make the bill more responsive to industry needs. DHCD Permit Improvements Process MBIA has partnered with the Baltimore City Department of Housing and Community Development to help them revamp and improve the process for approving building permits in the city. MBIA has had several meetings with Valentina Ukwuoma who has spearheaded the public comment process for the permit system. Members of MBIA have provided comments and feedback on what process improvements need to be made and what features need to be included in the upcoming electronic roll out as well as volunteered to participate in the testing phase of the new system once it is established. March 2023 Inclusionary Housing Legislation Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders. MBIA in partnership with the BDW committee is advocating to make the bill more responsive to industry needs. Historic Tax Credit Extension Baltimore City is currently considering bill 22-0299 which would extend the Historic Improvements, Restorations and Rehabilitations Tax Credit program from February 28, 2023, to February 28, 2028. The bill was heard before the Ways and Means Committee and amended to extend the program until August 2024. The bill is currently before the Mayor awaiting his signature. November 2022
Inclusionary Housing Legislation Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders. After the rally to support the bill MBIA is advocating for some changes that would allow the legislation to better meet its goal of creating affordable housing. October 2022 Inclusionary Housing Legislation Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders. After the rally to support the bill MBIA is advocating for some changes that would allow the legislation to better meet its goal of creating affordable housing. SEPTEMBER 2022 Inclusionary Housing Legislation Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders. The councilwoman has indicated that the bill will be introduced soon. JULY 2022 Inclusionary Housing Legislation Introduced Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders to discuss amendments to the bill. Opportunity to Purchase Act CB 22-0250 Baltimore City has introduced the Pat Clarke Opportunity to Purchase Act which would establish the rights of tenants to purchase rental facilities that are publicly offered for sale. Landlords will be required if they intend to sell an occupied property to give a tenant an offer of sale before they put the property up for public bid. JUNE 2022 Inclusionary Housing Legislation Introduced Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders to discuss amendments to the bill. MAY 2022 Inclusionary Housing Legislation Introduced Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders to discuss amendments to the bill. APRIL 2022 Inclusionary Housing Legislation Introduced Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with the bill sponsor, Councilwoman Ramos as well as other councilmembers and stakeholders to discuss amendments to the bill. MARCH 2022 Inclusionary Housing Legislation Introduced Councilwoman Odette Ramos has introduced Council Bill 22-0195 which is makes significant changes to the Baltimore City Inclusionary Housing policy. MBIA has offered comments on the bill and will be meeting with Councilwoman Ramos this week in order to act as a resource for the council as they draft new legislation to address the historic underperformance of Baltimore’s Inclusionary Housing Policy. OCTOBER 2021 High-Performance Newly Constructed Dwellings This tax credit was extended June 14th and will now expire June 30, 2022. No new "initial applications" will be accepted after Dec 31, 2022 so projects that are not completed by the expiration date will still be able to receive the credit. High-Performance Market-Rate Rental Credit This credit is set to expire December 31,2022 meaning that no new applications for the credit will be accepted after that date. MBIA has lobbied the Baltimore City council of the tax credit expiration and we are currently hopeful that a solution will be proposed. AUGUST 2021 High-Performance Newly Constructed Dwellings This tax credit was extended June 14th and will now expire June 30, 2022. no new "initial applications" will be accepted after Dec 31, 2022 so projects that are not completed by the expiration date will still be able to receive the credit. JUNE 2021 Bill 21-0062 MBIA is advocating for the passage of bill 21-0062 which would extend the termination date for the High-Performance Newly Constructed Dwellings program. The bill was voted favorably out of the City Council and is currently before the Mayor for his approval. May 2021 Bill 21-0062 MBIA is advocating for the passage of bill 21-0062 which would extend the termination date for the High-Performance Newly Constructed Dwellings program. The bill was voted favorably out of the Ways and Means Committee on April 27th and it’s on its way to second reading. APRIL 2021
Bill 21-0048 MBIA is currently in the process of drafting a policy paper for bill 21-0048 which would require project labor agreements for certain construction projects in Baltimore City on long term capital improvement projects of construction projects in excess of $25 million in order to insure that the labor and economic interests of the industry are protected and considered during this policy debate. This bill has potential legal conflicts with local hiring requirements that have not been fully considered and its passage may have numerous Historic Tax Credit
MBIA is currently lobbying for a 1 year extension of the Historic Tax Credit. To date, over one billion dollars has been invested in historic properties since 1997, with more than 3,000 restorations currently underway in historic districts throughout the City. This credit is currently in the process of review and MBIA wants to extend the credit as that prcess is completed so that this important incentive for investing in the restoration of the older parts of Baltimore City can continue. New Dwellings Tax Credit MBIA is currently in the process of lobbying for a tax credit extension for the historic tax credit that is set to expire this year. The city is in the process of reviewing and studying various tax credits that have differing expiration dates. Our goal is to make sure that the current system continues until their study is complete. The expiration date for the tax credit is June 30. City Council Session The upcoming City Council Session will begin on January 4, 2021 but ordinances are already being introduced in the city council. Bills MBIA is currently reviewing bill 21-0004 Office to End Homelessness - Establishment, Administration, and Permanent Housing Voucher Program. This would establish a permanent program to dispense housing vouchers and could drive increased demand for low cost housing if the program is established. City Council Session The upcoming City Council Session will begin on January 4, 2021 but ordinances are already being introduced in the city council. Bill 123-20 - COVID 19 CDBG Eviction Prevention The MBIA government relations team is currently working with the city in order to create a sustainable plan for the prevention of mass evictions within the city due to the COVID-19 pandemic and the lapse in federal aid to the victims of the recent economic downturn. The bill is scheduled for a work session on December 15th and a vote on December 21st. Bill 126-20 Zoning Regulations – Honeygo Area – Panhandle Lots This measure would tighten up the current legal restrictions by eliminating the existing variance under Section 307. Historical Properties Tax Credit
Council Bill 20-0552 extends the termination date for the Historic Improvements, Restorations and Rehabilitations Tax Credit program to allow applications for the tax credit to be received until February 28, 2022. It was approved and sent to the Mayor for signature on October 5. MBIA’s letter in support can be found here. Zoning Code Modifications Council Bill 20-0601, an Administration bill, was introduced on September 21. The majority of the recommendations are for monitoring and reporting. There are no new land-use restrictions, only confirmation of open space as permanent mitigation. It would also allow electronic signs in residential districts, making them a conditional use. A public hearing has not been set. Forest Conservation Council Bill 20-0546, revising the Forest and Tree Conservation provisions of Article 7 of the Baltimore City Code was signed by the Mayor on October 5. More information, including Departmental analyses, can be found here. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. High-Performance Market-Rate Rental Housing Tax Credit Council Bill 20-0555 proposes revisions to the high-performance market-rate rental housing tax credit, in conjunction with other tax subsidies, allowing a property to receive this credit even if it also receives tax-increment financing. It has been referred to Committee. A public hearing has not been set. Zoning Code Modifications
Council Bill 20-0601, an Administration bill, was introduced on September 21. The majority of the recommendations are for monitoring and reporting. There are no new land-use restrictions, only confirmation of open space as permanent mitigation. It would also allow electronic signs in residential districts, making them a conditional use. It will have a hearing before the Planning Commission on October 1. Historical Properties Tax Credit Council Bill 20-0552 would change the termination date for the Historic Improvements, Restorations and Rehabilitations Tax Credit program to allow applications for the tax credit to be received until February 28, 2022. It passed out of the Taxation, Finance, and Economic Development Committee on August 27 and will proceed to the City Council on September 21. Forest Conservation Council Bill 20-0546 is eligible for a final vote before the City Council. This bill proposes several amendments to the Forest and Tree Conservation provisions of Article 7 of the Baltimore City Code which would align the City Code with new State requirements; allow for mitigation to be provided through forest mitigation banks located within the City; updates the requirements for mitigation fee usage; reduce the amount of required land that triggers a review to conform with the amount of required land for grading or building permit; require that a Forest Stand Delineation be an element of other reviews, including Site Plan Review, subdivision, grading, and erosion and sediment control; require that all grading and building permits, and sediment, and erosion control, subdivision, or development plan approvals be conditioned on approval of and compliance with an approved Forest Conservation Plan; modify mitigation fees to conform with Critical Area and Landscape Manual mitigation fees and modify the amount of violation fines; and modify the definition of “specimen tree” and adds a specimen tree mitigation policy to the Code. More information, including Departmental analyses, can be found here. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. High-Performance Market-Rate Rental Housing Tax Credit Council Bill 20-0555 proposes revisions to the high-performance market-rate rental housing tax credit, in conjunction with other tax subsidies, allowing a property to receive this credit even if it also receives tax-increment financing. It has been referred to Committee. A public hearing has not been set. CCB# 20-0554 Brownfields credit- termination (being withdrawn, but confirm) CCB# 20-0555 High Performance Market Rate credit- revision - It has been referred to Committee. A public hearing has not been set. CCB# 20-0488 Project Labor Agreements - It has been referred to Committee. A public hearing has not been set. CCB# 20-0559 Commercial Parking Facilities- license fee - It has been referred to Committee. A public hearing has not been set. CCB# 20-0552 CHAP credit- extension - will proceed to the City Council on September 21 CCB# 20-0561 Gas Stations and parking- It has been referred to Committee. A public hearing has not been set. CCB# 20-0563 Repeal Private Sales of City Property – introduced in Council and assigned to agencies, too early in the process to ask about High-Performance Market-Rate Rental Housing Tax Credit
Council Bill 20-0555 proposes revisions to the high-performance market-rate rental housing tax credit, in conjunction with other tax subsidies, allowing a property to receive this credit even if it also receives tax-increment financing. It has been referred to Committee. A public hearing has not been set. Historical Properties Tax Credit Council Bill 20-0552 would change the termination date for the Historic Improvements, Restorations and Rehabilitations Tax Credit program to allow applications for the tax credit to be received until February 28, 2022. It passed out of the Taxation, Finance, and Economic Development Committee on August 27 and will proceed to the City Council. Forest Conservation Council Bill 20-0546 is eligible for a final vote before the City Council. This bill proposes several amendments to the Forest and Tree Conservation provisions of Article 7 of the Baltimore City Code which would align the City Code with new State requirements; allow for mitigation to be provided through forest mitigation banks located within the City; updates the requirements for mitigation fee usage; reduce the amount of required land that triggers a review to conform with the amount of required land for grading or building permit; require that a Forest Stand Delineation be an element of other reviews, including Site Plan Review, subdivision, grading, and erosion and sediment control; require that all grading and building permits, and sediment, and erosion control, subdivision, or development plan approvals be conditioned on approval of and compliance with an approved Forest Conservation Plan; modify mitigation fees to conform with Critical Area and Landscape Manual mitigation fees and modify the amount of violation fines; and modify the definition of “specimen tree” and adds a specimen tree mitigation policy to the Code. More information, including Departmental analyses, can be found here. Vacant and Abandoned Property Foreclosure & Sale Council Bill 20-0529 would allow the Mayor and City Council of Baltimore to utilize In Rem Foreclosure to sell properties that are abandoned and vacant and have a large delinquent tax burden. It passed in the City Council on August 17 and is now before the Mayor for signature. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. AUGUST 2020
High-Performance Market-Rate Rental Housing Tax Credit
Council Bill 20-0555 proposes revisions to the high-performance market-rate rental housing tax credit, in conjunction with other tax subsidies, allowing a property to receive this credit even if it also receives tax-increment financing. It has been assigned to committee. A public hearing has not been scheduled. Historical Properties Tax Credit Council Bill 20-0552 would change the termination date for the Historic Improvements, Restorations and Rehabilitations Tax Credit program to allow applications for the tax credit to be received until February 28, 2022. It has been assigned to committee. A public hearing has not been scheduled. Forest Conservation Council Bill 20-0546 will be heard August 4. This bill proposes several amendments to the Forest and Tree Conservation provisions of Article 7 of the Baltimore City Code which would align the City Code with new State requirements; allow for mitigation to be provided through forest mitigation banks located within the City; updates the requirements for mitigation fee usage; reduce the amount of required land that triggers a review to conform with the amount of required land for grading or building permit; require that a Forest Stand Delineation be an element of other reviews, including Site Plan Review, subdivision, grading, and erosion and sediment control; require that all grading and building permits, and sediment, and erosion control, subdivision, or development plan approvals be conditioned on approval of and compliance with an approved Forest Conservation Plan; modify mitigation fees to conform with Critical Area and Landscape Manual mitigation fees and modify the amount of violation fines; and modify the definition of “specimen tree” and adds a specimen tree mitigation policy to the Code. More information, including Departmental analyses, can be found here. Vacant and Abandoned Property Foreclosure & Sale Council Bill 20-0529 would allow the Mayor and City Council of Baltimore to utilize In Rem Foreclosure to sell properties that are abandoned and vacant and have a large delinquent tax burden. It has been recommended favorable and is eligible for passage at the Council’s next meeting, likely August 17. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. JULY 2020
Forest Conservation
The Planning Commission will hear 20-0546 revising the forest conservation law on July 9. Inclusionary Housing Bill 20-0482, which extends the automatic termination of Ordinance 07-474 re. Inclusionary Housing, was signed by the Mayor for passage on June 17, 2020. Critical Area Mapping Bill 20-0506, adopting a new Baltimore City Critical Area Management Program Manual, was signed by the Mayor on June 25, 2020. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. JUNE 2020
Inclusionary Housing
Bill 20-0482, which extends the automatic termination of Ordinance 07-474 re. Inclusionary Housing, received a unanimous favorable recommendation from the Planning Commission on February 20. It passed out of the Land Use Committee on May 19, 2020. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. Rent Increases Bill 20-0526, which prohibits rental increases and late fee assessments by residential landlords during the COVID-19 State of Emergency passed in the Council on May 18, 2020 and was signed by the Mayor on the same day. It is effective immediately. MAY 2020
All City Council meetings will be conducted virtually until further notice.
Inclusionary Housing Bill 20-0482, which extends the automatic termination of Ordinance 07-474 re. Inclusionary Housing, received a unanimous favorable recommendation from the Planning Commission on February 20. Its hearing in the Land Use Committee originally scheduled for March 18 was rescheduled for May 6. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. APRIL 2020
Inclusionary Housing
Bill 20-0482, which extends the automatic termination of Ordinance 07-474 re. Inclusionary Housing, received a unanimous favorable recommendation from the Planning Commission on February 20. Its hearing in the Land Use Committee originally scheduled for March 18 has been postponed. Project Labor Agreements Bill 20-0488 requires project labor agreements for public works projects in Baltimore City. Its hearing in the Labor Committee originally scheduled for March 19 has been postponed. MARCH 2020
Inclusionary Housing
Bill 20-0482, which extends the automatic termination of Ordinance 07-474 re. Inclusionary Housing, received a unanimous favorable recommendation from the Planning Commission on February 20. It will be heard in the Land Use Committee on March 18. FEBRUARY 2020
High-Performance Market-Rate Rental Housing Tax Credit
The Baltimore City Council passed 19-0389 on December 16th, reducing the number of rental units required to qualify a multi-family dwelling for a high-performance market-rate rental housing tax credit. Read MBIA’s letter in support >>>. The Mayor is expected to sign the bill into law. |