Section 12-101 - Definitions.
§ 12-101. Definitions.
(a) In general.- In this Division II the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 44A, § 1-103(a).
The only changes are in style.
(b) Area of operation.- "Area of operation" means the geographical area within which an authority is empowered to act.
Revisor's Note.
This subsection is new language added to create a convenient reference to "area of operation".
Defined Terms.
"Authority" § 12-101
(c) Authority.- "Authority" means a public corporation created as a housing authority under this Division II.
Revisor's Note.
This subsection is new language derived without substantive change from the first sentence of former Art. 44A, § 1-103(c).
(d) Bond.- "Bond" includes a note, an interim certificate, a debenture, and any other obligation issued by an authority under this Division II.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(d).
The former phrase "pursuant to this article" is deleted as surplusage.
Defined Terms.
"Authority" § 12-101
(e) Chief elected official.- "Chief elected official" means:
(1) the individual who exercises the office of the chief publicly elected executive official of the political subdivision; or
(2) in a political subdivision without a chief publicly elected executive official, the highest executive body.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(e).
References to "political subdivision" are substituted for the former references to "local jurisdiction" to conform to the terminology used throughout this article.
In item (1) of this subsection, the reference to "the individual who exercises the office of the chief publicly elected executive official of the political subdivision" is substituted for the former reference to "the chief publicly elected executive official of the local jurisdiction or the person appointed to fill a vacancy" for brevity.
In item (2) of this subsection, the former statement requiring the board of commissioners or other legislative body of the local jurisdiction to "take the actions required of the chief elected official under this article" is deleted as surplusage.
The Housing and Community Development Article Review Committee notes, for consideration by the General Assembly, that the reference to "the highest executive body" as the entity that serves as the chief elected official in a political subdivision without a chief publicly elected official is substituted for the former reference to "the board of commissioners or other legislative body of the local jurisdiction". The purpose of the substitution is to clarify that the chief elected official serves an executive and not a legislative role.
Defined Terms.
"Legislative body" § 12-101
"Political subdivision" § 12-101
(f) Code authority.- "Code authority" means an authority activated on or after July 1, 1990.
Revisor's Note.
This subsection is new language added to provide a convenient reference to authorities not activated prior to July 1, 1990.
Defined Terms.
"Authority" § 12-101
(g) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(g).
The reference to "Baltimore City" is added to conform to the standard definition of "county" used throughout all other revised articles. The former statement that " '[t]he county' shall mean the particular county for which a particular housing authority is created" is deleted as surplusage.
Although former Article 44A defined Baltimore City as a city instead of a county, the definition of this subsection does not result in substantive change. In former Article 44A, most references to "city" are used together with references to "county". The only exceptions are in the former definition of "[a]rea of operation" - now revised at § 12-105 of this subtitle - and in that case, the revision preserves the distinction made in former Article 44A between Baltimore City and counties.
The former statement that " '[t]he county' shall mean the particular county for which a particular housing authority is created" is deleted as surplusage.
(h) Custodian of records.- "Custodian of records" means:
(1) the clerk of the political subdivision;
(2) the officer charged with the duties customarily imposed on a clerk; or
(3) the political subdivision's designee to be the custodian of records for this Division II.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(h).
The references to the defined term "political subdivision" are substituted for the former references to "local government" to conform to the terminology used throughout this article.
Defined Terms.
"Political subdivision" § 12-101
(i) Economically depressed or physically deteriorated area.- "Economically depressed or physically deteriorated area" means an area in which most housing is harmful to safety, health, and morals because of:
(1) dilapidation;
(2) overcrowding;
(3) faulty arrangement or design; or
(4) lack of ventilation, light, or sanitary facilities.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(i).
The reference to "housing" is substituted for the former reference to "dwellings" to conform to the terminology used throughout this article.
The former reference to "any combination of these factors" is deleted as surplusage.
(j) Extraordinary majority.- "Extraordinary majority" means two-thirds or more of the authorized number of members of the legislative body or the board of commissioners of an authority, as applicable.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(j).
The former reference to an "affirmative vote" is deleted as implicit in the reference to "two-thirds or more of the authorized number of members".
Defined Terms.
"Authority" § 12-101
"Legislative body" § 12-101
(k) Housing project.-
(1) "Housing project" means a work or undertaking to:
(i) demolish, clear, or remove buildings from an economically depressed or physically deteriorated area; or
(ii) provide decent, safe, and sanitary housing for persons of eligible income and, to the extent authorized by § 12-503(a)(4) of this title, for other persons.
(2) "Housing project" includes:
(i) work connected to planning, constructing, reconstructing, altering, or repairing improvements, acquiring property, or demolishing structures;
(ii) adapting an economically depressed or physically deteriorated area to public purposes, including parks and other recreational or community purposes; and
(iii) acquiring buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable:
1. appurtenances;
2. streets;
3. sewers;
4. water service;
5. parks;
6. site preparation;
7. gardening; and
8. administrative, community, health, recreational, educational, welfare, or other purposes.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(l).
In paragraph (1) of this subsection, the former phrase "[t]o accomplish a combination of the [items listed]" is deleted as surplusage.
In paragraph (1)(ii) of this subsection, the reference to "housing" is substituted for the former reference to "living accommodations" to conform to the terminology used throughout this article.
In paragraph (2) of this subsection, the former reference to "or portion thereof" is deleted as surplusage.
Defined Terms.
"Economically depressed or physically deteriorated area" § 12-101
"Person" § 12-101
"Person of eligible income" § 12-101
(l) Legislative body.- "Legislative body" means the council, commissioners, or other legislative body of a political subdivision.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(m).
The defined term "political subdivision" is substituted for the former reference to "the city or county" to conform to the terminology used throughout this article.
Defined Terms.
"Political subdivision" § 1-103
(m) Military personnel.- "Military personnel" includes all civilian and military employees of the military and naval forces of the United States and their families and other dependents who are living with them.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(o).
(n) Obligee.- "Obligee" includes:
(1) a bondholder and a trustee for a bondholder;
(2) a lessor that leases to the authority property used in connection with a housing project, and an assignee of all or part of the lessor's interest; and
(3) the State or federal government when it is a party to a contract with an authority.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(q).
In the introductory language of this subsection, the former reference to "[o]bligee of the authority" is deleted as surplusage.
In item (1) of this subsection, the former reference to a "trustee" is deleted as unnecessary in light of the reference to a "trustee for a bondholder".
Also in item (1) of this subsection, the former reference to a "noteholder" is deleted as included in the reference to "bondholder".
Defined Terms.
"Authority" § 12-101
"Housing project" § 12-101
(o) Person.- "Person" means an individual, a receiver, a trustee, a guardian, a personal representative, a fiduciary, a representative of any kind, a partnership, a firm, an association, a corporation, a public corporation, or any other entity.
Revisor's Note.
This subsection is new language added to provide an express definition of the term "person" for this Division II.
The definition of "person" in this subsection does not include a governmental unit. The Court of Appeals has held consistently that the word "person" in a statute does not include the State, its agencies, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Unnamed Physician v. Commission on Medical Discipline, 285 Md. 1, 12-14 (1979).
(p) Person of eligible income.- "Person of eligible income" means a individual or family that qualifies under § 12-106 of this subtitle.
Revisor's Note.
This subsection is new language added to provide a convenient reference to a "person of eligible income".
(q) Political subdivision.- "Political subdivision" means a county or municipal corporation of the State.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(f) and (n).
The former statement that "'[t]he local government' or 'the local jurisdiction' shall mean the particular city or county for which a particular housing authority is created" is deleted as surplusage.
The defined term "political subdivision" is substituted for the former terms "city", "local government", and "local jurisdiction" to conform to the terminology used in this article and other revised articles of the Code.
(r) Pre-existing authority.- "Pre-existing authority" means an authority that was activated before July 1, 1990.
Revisor's Note.
This subsection is new language derived without substantive change from the second sentence of former Art. 44A, § 1-103(c).
Defined Terms.
"Authority" § 12-101
(s) Real property.- "Real property" includes:
(1) land;
(2) improvements and fixtures on the land;
(3) property of any nature appurtenant to or used in connection with the land; and
(4) each legal or equitable estate, interest, and right in the land, including:
(i) terms for years and liens by way of judgment, mortgage, or otherwise; and
(ii) the indebtedness secured by those liens.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(s).
(t) State public body.- "State public body" means any political subdivision, commission, district, authority, or unit of the State.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 44A, § 1-103(t).
The reference to State public "unit" is substituted for the former reference to State public "body" to conform to the terminology used throughout this article.
The former references to "incorporated city or town", "county", and "municipal corporation" are deleted as included in the defined term "political subdivision".
The former reference to "other subdivision" is deleted as surplusage.
Defined Terms.
"Authority" § 12-101
"Political subdivision" § 12-101
[An. Code 1957, art. 44A, § 1-103(a), (c)-(f), (j), (l)-(o), (q), (s), (t); 2006, ch. 63, § 2.]