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§ 12-204. Additional payments for tenants

West's Annotated Code of MarylandReal PropertyEffective: July 1, 2007

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 12. Eminent Domain (Refs & Annos)
Subtitle 2. Relocation and Assistance (Refs & Annos)
Effective: July 1, 2007
MD Code, Real Property, § 12-204
§ 12-204. Additional payments for tenants
Currentness
Tenants eligible for additional payments
(a) In addition to amounts otherwise authorized by this title and Title 8 of the Transportation Article, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under § 12-202 of this subtitle, if the dwelling actually and lawfully was occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of acquisition, such other activity as the lead agency shall prescribe.
Elements of additional payment
(b)(1)(i) The payment shall be the amount necessary to enable the person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $10,500.
(ii) At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments.
(iii) Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account such person's income.
(2)(i) If the displacing agency determines that comparable housing cannot otherwise be made available within this limit, the monetary limit stated in paragraph (1) of this subsection may be exceeded on a case-by-case basis.
(ii) The displacing agency may use any other measures necessary to remedy unavailability of comparable housing as prescribed by the lead agency.
Payments used for down payments on replacement dwellings
(c)(1) Any person eligible for a payment under subsection (a) of this section may elect to apply the payment to a down payment on, and other incidental expenses applicable to, the purchase of a decent, safe, and sanitary replacement dwelling.
(2) At the discretion of the displacing agency, that person may be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately before the initiation of negotiations for the acquisition of the dwelling, the payment may not exceed the payment the person would otherwise have received under § 12-202 of this subtitle had the person owned and occupied the displacement dwelling 180 days immediately before the initiation of the negotiations.

Credits

Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1977, c. 765, § 25; Acts 1989, c. 10, § 1, eff. April 4, 1989; Acts 2007, c. 305, § 1, eff. July 1, 2007.
Formerly Art. 21, § 12-204.
MD Code, Real Property, § 12-204, MD REAL PROP § 12-204
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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