Baltimore City Council
File #: 20-0593    Version: 0 Name: Tax Sales - Properties Exempt From Sale
Type: Ordinance Status: Enacted
File created: 8/17/2020 In control: City Council
On agenda: Final action: 11/2/2020
Enactment #: 20-427
Title: Tax Sales - Properties Exempt From Sale For the purpose of directing the Director of Finance to withhold certain properties from tax sale; defining certain terms; requiring that the Director of Finance adopt regulations to implement the requirements of this section; requiring that the Director of Finance submit an annual report to the Mayor and City Council; and generally implementing the authority provided by Section 14-811(f) of the State Tax-Property Article .
Sponsors: Danielle McCray, Mayor Brandon M. Scott, Ryan Dorsey, Sharon Green Middleton, John T. Bullock, Mary Pat Clarke, Leon F. Pinkett, III, Zeke Cohen, Robert Stokes, Sr., Shannon Sneed, Kristerfer Burnett, Edward Reisinger
Indexes: Exemptions, Properties, Sale, Tax Sales
Attachments: 1. Agenda 20-0593, 2. 20-0593~1st Reader, 3. TFED - 20-0593 Tax Sales Property Exempt from Sale - Bill Synopsis, 4. Odette Ramos Testimony, 5. Finance 20-0593, 6. HCD 20-0593, 7. Law 20-0593, 8. CDN_Testimony_CB20-0593_Aug2020, 9. Minutes - 20-0593, 10. Taxation - 20-0593 - Hearing Notes, 11. TFED - 20-0593 - Agenda, 12. Frank D. Boston III on behalf of Kenny Law Group and Maryland Tax Sale Participants Association - Amendments to Council Bill 20-0593, 13. Meeting Minutes - 20-0593, 14. Taxation - 20-0593 - Hearing Notes (2), 15. Agenda 20-0593 (2), 16. cc20-0593(2)~1st (McCray), 17. Meeting Minutes - 20-0593 (2), 18. Taxation - 20-0593 - Hearing Notes (3), 19. 2nd Reader Amendments 20-0593, 20. Testimony for Baltimore City Council Bill 20-0593, 21. Signed Ordinance 20-0593, 22. 20-0593~3rd Reader
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
11/2/20200 Mayor Signed by Mayor  Action details Meeting details Not available
10/19/20200 City Council Approved and Sent to the Mayor  Action details Meeting details Not available
10/5/20200 City Council 3rd Reader, for final passage  Action details Meeting details Not available
10/1/20200 Taxation, Finance and Economic Development Committee Recommended Favorably with AmendmentPass Action details Meeting details Not available
9/21/20200 Taxation, Finance and Economic Development Committee Worksession  Action details Meeting details Not available
9/17/20200 Taxation, Finance and Economic Development Committee Worksession  Action details Meeting details Not available
8/31/20200 Taxation, Finance and Economic Development Committee Worksession  Action details Meeting details Not available
8/20/20200 The City Council Refer to City Solicitor  Action details Meeting details Not available
8/20/20200 The City Council Refer to Dept. of Housing and Community Development  Action details Meeting details Not available
8/20/20200 The City Council Refer to Dept. of Finance  Action details Meeting details Not available
8/17/20200 City Council Introduced  Action details Meeting details Not available
8/17/20200 City Council Assigned  Action details Meeting details Not available
8/17/20200 Taxation, Finance and Economic Development Committee Scheduled for a Public Hearing  Action details Meeting details Not available

Explanation: Capitals indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * 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          

                                                                                                                                                           

Introduced by: Councilmember McCray                                                                                           

                     

                     A Bill Entitled

 

An Ordinance concerning

title

Tax Sales - Properties Exempt From Sale

For the purpose of directing the Director of Finance to withhold certain properties from tax sale; defining certain terms; requiring that the Director of Finance adopt regulations to implement the requirements of this section; requiring that the Director of Finance submit an annual report to the Mayor and City Council; and generally implementing the authority provided by Section 14-811(f) of the State Tax-Property Article .

body

 

By authority of

Tax-Property Article

Section 14-811(f)

Maryland Code

 

By adding

Article 28 - Taxes

Section 8-5

Baltimore City Code

(Edition 2000)

 

Recitals

 

Whereas, thousands of Baltimore City homeowners are confronted with losing their homes each year at public auction for unpaid real property taxes.

 

Whereas, the owners of the properties listed at public auction must navigate the tax lien certificate sale process to avoid losing their homes, a process that is often confusing and filled with questions.

 

Whereas, several owners of the properties subject to sale face extraordinary financial challenges and struggles, compounded for many by being on a fixed income.

 

Whereas, partial payments on outstanding taxes owed cannot prevent or delay a property from a tax lien certificate sale, regardless of the amount of outstanding taxes owed.

 

Whereas, homeownership is one of the main ways for families to build wealth and economic security.

 

Whereas, on January 1, 2020, Chapter 730 of the Laws of Maryland of 2019 took effect and authorized a governing body of a county or municipal corporation to withhold from sale certain dwellings owned by low-income individuals, individuals 65 years or older, or disabled individuals.

 

Whereas, the rapid onset of the COVID-19 pandemic also has wreaked havoc on the finances of many homeowners due to job loss and the inability to work, making it even more difficult for homeowners to pay outstanding all taxes and charges to avoid losing their homes during a a tax certificate sale.

 

Section 1.  Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 28.  Taxes

 

                     Subtitle 8.  Tax Sales

 

§ 8-5.  Properties exempt from sale.

 

(a)  Definitions.

 

(1)                      In general.

 

In this section, the following terms have the meanings indicated.

 

(2)                     Dwelling.

 

“Dwelling” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}.

 

(3)                     Homeowner.

 

“Homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}.

 

(b)  Scope of section.

 

This section applies to the sale of a dwelling with an assessed value of $250,000 or less.

 

(c)  Sale prohibited.

 

In accordance with § 14-811(f) of the State Tax-Property Article , the Director of Finance shall withhold from sale a dwelling owned by a homeowner who:

 

(1)                     has resided in the dwelling for at least 3 years; and

 

(2)                     either:

(i)  has a combined income of less than $40,000;

 

(ii)  is at least 65 years old; or

 

(iii) is an adult currently receiving disability benefits from the Federal Social Security Disability Insurance program or the Supplemental Security Income program.

 

(e)  {Reserved}

 

(f)  Rules and regulations.

 

(1)                     In general.

 

The Director may adopt rules and regulations to carry out this section.

 

(2)                     Filing with Legislative Reference.

 

A copy of all rules and regulations adopted under this subtitle must be filed with the Department of Legislative Reference before they take effect.                     

 

(g)  Annual report.

 

On or before December 31 of each year, the Director of Finance shall submit a report to the Mayor and City Council:

 

(1)  the total number of dwellings that were subject to this section;

 

(2)                     the total and average amounts of outstanding taxes owed on the dwellings that were subject to this section; and

 

(3)                     the number of dwellings that were subject to this section separated by the type of homeowner subject to this section.

 

Section 2.  And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

Section 3.  And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.