* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill R
(Resolution)
Introduced by: Councilmember Ramos
A Resolution Entitled
A Council Resolution concerning
title
Informational Hearing - Inclusionary Housing - Implementation and Oversight
For the purpose of requiring the Department of Housing and Community Development, Department of Finance, Department of Planning, and City Administrator to attend a hearing to outline the implementation of the Inclusionary Housing Program in Baltimore City, specifically to provide: (1) an explanation of the delays; (2) a new timeline for the appointment of the Inclusionary Housing Board; (3) a new timeline for promulgation of the Inclusionary Housing Program regulations and implementation of its guidelines; (4) the number of permits already given for projects that would be eligible for the program; and (5) a timeline for the promulgation of the High Performance Inclusionary Tax Credit regulations and its application.
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Recitals
In January of 2024, Mayor Scott signed the 2 bills that constitute the Inclusionary Housing Program. Council Bill 22-0195, Inclusionary Housing for Baltimore City, was introduced in February of 2022 and passed the City Council in December of 2023. Council Bill 23-0369, High Performance Inclusionary Housing Tax Credit, was introduced in May of 2023 and passed the City Council in December of 2023.
According to the legislation, implementation of the Inclusionary Housing law should have occurred 180 days after enactment of the law, which would have been July 22nd. Developers now have to comply with the law but the regulations, inclusionary plan forms, inclusionary program guidance are not available. To date, the regulations and guidance have just been posted and public comment is due September 16th.
As of the date of this Resolution, the members of the Inclusionary Housing Board, who were supposed to have been appointed on April 22nd, 90 days after enactment of the law, have not been appointed. Only 1 nomination has been put forth and is pending approval by the Rules and Legislative Oversight Committee. The regulations governing the Inclusionary Housing Program cannot go into effect until the Inclusionary Housing Board has been appointed and sworn in.
City Council Bill 23-0369, which established the High Performance Inclusionary Tax Credit, should have been implemented by July 22nd. While there is no deadline outlined in the bill for when the application and regulations governing the Tax Credit must be completed, the Tax Credit should be available to developers as soon as possible. To date, the regulations and application for the High Performance Inclusionary Tax Credit are not complete.
The Inclusionary Housing legislation states clearly that permits for construction on eligible projects cannot be issued until the project’s inclusionary housing plan has been reviewed and approved during the site planning meetings. Without any of the regulations ready for the implementation of the process, there is a question about how many permits have already been approved for eligible projects that may not be compliant with the law.
Now, therefore, be it resolved by the City Council of Baltimore, That the City Council requires the Department of Housing and Community Development, Department of Finance, Department of Planning, and City Administrator to attend a hearing to outline the implementation of the Inclusionary Housing Program in Baltimore City, specifically to provide: (1) an explanation of the delays; (2) a new timeline for the appointment of the Inclusionary Housing Board; (3) a new timeline for promulgation of the Inclusionary Housing Program regulations and implementation of its guidelines; (4) the number of permits already given for projects that would be eligible for the program; and (5) a time line for the promulgation of the High Performance Inclusionary Tax Credit regulations and its application.
And be it further resolved, That a copy of this Resolution be sent to the Director of the Department of Housing and Community Development, the Director of the Department of Finance, the Director of the Department of Planning, the City Administrator, and the Mayor’s legislative liaison to the City Council.