Baltimore, MD

Md. Code Housing & Community Development § 10-103 Board Established
Effective: 9/30/05 – Through: 5/31/23
(a) There is a Board of Trustees of the Trust.

(b) The Board shall control the Trust and exercise all of the corporate powers of the Trust.

Md. Code Housing & Community Development § 10-101 Definitions
Effective: 9/30/05 – Through: 5/31/23
(a) In this title the following words have the meanings indicated.

(b) “Award” means a grant, loan, deferred payment loan, loan guarantee, or other financial assistance.

(c) “Board” means the Board of Trustees of the Trust.

(d) “Fund” means the Maryland Affordable Housing Trust Fund.

(e) “Trust” means the Maryland Affordable Housing Trust.

(f) “Trustee” means a member of the Board.

Baltimore City Charter Art. I, § 14 Affordable Housing Trust Fund
Effective: 11/7/16 – Through: 5/31/23
(a) Fund established: scope. There is a continuing, nonlapsing fund to be used to promote fair housing in neighborhoods throughout Baltimore, develop and preserve affordable housing for renters and homeowners, and increase affordable housing opportunities for low-income working families and other persons of low income, including:

(1) providing assistance, by loan, grant, rental subsidy, or otherwise, for the planning, production, maintenance, or expansion of affordable housing, including inclusionary housing;

(2) providing predevelopment activities for the acquisition, development, new construction, rehabilitation, and/or restoration of affordable housing;

(3) providing capital and operating assistance for the creation of community land trusts that will develop, own, or operate permanently affordable rental housing and assist low income residents to build a path to homeownership;

(4) providing affordable and fair-housing related services to low income households to assist them in obtaining housing and remaining stably housed, provided such uses shall not exceed 30% of the funds allocated in a given fiscal year; and

(5) providing administrative and planning costs for the operation of the trust fund, provided such uses may not exceed 5% of the funds allocated each fiscal year.

(b) Revenue sources. A fund established under this section may comprise:

(1) money appropriated to the fund in the annual Ordinance of Estimates;

(2) grants or donations made to the fund;

(3) mandatory or voluntary payments made pursuant to the development policies established by ordinance;

(4) a portion of the tax increment financing revenue from increased property tax receipts for the development of affordable housing inside the project area and special taxing district, or in other locations as permitted by law; and

(5) other sources as established by ordinance. (c) Continuing nature of fund. Notwithstanding any other provision of this Charter, unspent portions of a fund established under this section, repayments of principal and interest on loans provided from the fund, and interest earned from the deposit or investment of monies from the fund:

(1) shall remain in the fund, to be used exclusively for the purposes set forth in section 14(a) of this article {subsection (a) of this section};

(2) do not revert to the general revenues of the City; and

(3) any appropriations do not lapse.

(d) Administration and oversight.

(1) In general. The trust fund shall be:

(i) administered by {the} Baltimore City {Department of} Housing and Community Development; and

(ii) overseen by a Commission, the members of which shall be appointed, must be confirmed, and shall serve pursuant to Article IV, Section 6{, of this Charter}.

(2) Commission composition – in general. The Commission shall include:

(i) a member appointed by the Mayor with experience in the fields of housing, community development, planning, social services, or public health;

(ii) a member of the lending community with experience in community development and affordable housing finance;

(iii) the Baltimore City Housing Commissioner or his/her designee;

(iv) a resident who rents his/her home and who lives in a household that is extremely low income (i.e., no more than 30% of Area Median Income);

(v) a resident who owns his/her home and who lives in a household that is very low income (i.e., no more than 50% of Area Median Income);

(vi) a homeowner who received assistance through an affordable homeownership program;

(vii) a resident who has received rental assistance;

(viii) a social service provider;

(ix) a representative of the Homeless Services Board;

(x) a low-income-housing and/or fair-housing advocate;

(xi) a nonprofit affordable housing developer;

(xii) a representative of a homebuilders or realtors association of Baltimore; and

(xiii) such different or additional members as may be designated by ordinance.

(3) Commission composition – income requirements for at least 4 of members. Notwithstanding any provision to the contrary, the composition of the Commission shall be comprised of {shall comprise} at least 4 residents of Baltimore City whose incomes are reflective of those individuals who will be assisted by the expenditures of this trust fund.

(4) Commission President. The Mayor shall designate one member of the Board as its President and may withdraw that designation and so designate another member.

(5) Commission duties. The Commission shall:

(i) make recommendations, advise, and consult with the Department of Housing and Community Development regarding the establishment of essential policies, rules, and regulations relating to the implementation, expenditures, and ongoing operation of the trust fund;

(ii) submit an annual report to the Mayor and City Council on the activities and usage of the funds in the trust fund, including tenure (rental and homeownership), income level served, {and} unit size (number of bedrooms), and make the report available to the public;

(iii) if necessary, recommend changes to the trust fund to maximize affordability outcomes of the trust fund, to the Mayor and City Council;

(iv) ensure an audit of the fund every four years by a certified public accounting firm; and

(v) exercise any additional duty related to the trust fund as directed by the Mayor and City Council.

(e) Income targeting.

(1) All assistance provided by the trust fund shall serve very low income households.

(2) At least half of the assistance in any three-year period must serve extremely low income households.

(f) Minimum affordability periods.

(1) All rental housing assisted by the trust fund must have a minimum affordability period of at least 30 years.

(2) All homeownership housing assisted by the trust fund must meet affordability criteria based in part on the amount of trust fund monies invested in the unit.

Baltimore City Code § 17.1-3 Dedication of Tax Proceeds
Effective: 12/31/18 – Through: 5/31/23
Proceeds from the tax imposed by this subtitle up to $16 million, and one-half of the proceeds in excess of $16 million, if any, shall be deposited in the continuing, nonlapsing fund created by City Charter, Article I, § 14 {“Affordable Housing Trust Fund”}, to be used exclusively for the purposes specified in that section, subject to appropriation pursuant to the annual Ordinance of Estimates.

Md. Code Housing & Community Development § 10-102 Trust Established
Effective: 9/30/05 – Through: 5/31/23
(a) There is a Maryland Affordable Housing Trust.

(b) (1) The Trust is an instrumentality of the State and is a body corporate and politic.

(2) The exercise by the Trust of its powers under this title is an essential public function.

(c) The purpose of the Trust is to make affordable housing more available throughout the State.

(d) The Department shall provide staff for the Trust.

Md. Code Housing & Community Development § 10-104 Membership
Effective: 9/30/08 – Through: 5/31/23
(a) (1) The Board consists of 14 trustees.

(2) The nonvoting trustees are:

(i) the Secretary;

(ii) a member of the House of Delegates, appointed by the Speaker of the House; and

(iii) a member of the Senate, appointed by the President of the Senate.

(3) With the advice and consent of the Senate, the Governor shall appoint 11 voting trustees, consisting of:

(i) four representatives of the public; and

(ii) one representative of each of the following:

1. title companies doing business in the State;

2. financial institutions doing business in the State;

3. political subdivisions;

4. nonprofit housing developers;

5. for profit housing developers;

6. public housing authorities; and

7. social services providers.

(b) In appointing trustees, the Governor shall consider geographic representation.

(c) Service as a trustee is not a State office or State employment for purposes of any prohibition against holding two public positions.

(d) (1) The term of a voting trustee is 4 years.

(2) The terms of voting trustees are staggered as required by the terms provided for voting trustees on October 1, 2005.

(3) At the end of a term, a voting trustee continues to serve until a successor is appointed and qualifies.

(4) A voting trustee who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

Md. Code Housing & Community Development § 10-105 Chair
Effective: 9/30/05 – Through: 5/31/23
The Governor shall appoint one of the trustees to serve as chair of the Board.

Md. Code Housing & Community Development § 10-106 Quorum
Effective: 9/30/05 – Through: 6/30/22
(a) A quorum is a majority of the voting trustees then serving on the Board.

(b) The Board may act with a majority vote of a quorum of the Board.

Md. Code Housing & Community Development § 10-108 Awards
Effective: 9/30/05 – Through: 5/31/23
The Board shall:

(1) receive applications for awards from the Trust;

(2) make the final decisions about awards; and

(3) develop a process for making awards that encourages a broad geographic distribution of money.

Md. Code Housing & Community Development § 10-109 Effect of other laws
Effective: 9/30/05 – Through: 5/31/23
(a) The Board shall comply with the Maryland Public Ethics Law.

(b) The Board is exempt from:

(1) taxation by the State or its political subdivisions;

(2) the General Procurement Law provisions of Division II of the State Finance and Procurement Article; and (3) the Administrative Procedure Act, Title 10, Subtitles 1 through 4, of the State Government Article.

Md. Code Housing & Community Development § 10-110 Audit; reports
Effective: 6/30/19 – Through: 5/31/23
(a) The books and records of the Trust are subject to audit:

(1) by the State, at the State’s discretion; and

(2) annually by an independent auditor approved and paid by the Trust.

(b) (1) Within the first 90 days of each fiscal year, the Board shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(2) The report shall include a complete operating and financial statement of the operations of the Trust and a summary of the activities of the Trust during the preceding fiscal year.

Md. Code Housing & Community Development § 10-107 Debts, obligations, liabilities, corporate earnings and assets
Effective: 9/30/05 – Through: 5/31/23
(a) The debts, obligations, and liabilities of the Trust are those of the Trust only and are not:

(1) a pledge of the State’s credit; or

(2) those of the State or its officers, employees, or governmental units.

(b) (1) The net earnings of the Trust may not inure to the benefit of a trustee, officer, or private person.

(2) A trustee, officer, or private person is not entitled to share in the distribution of the corporate assets of the Trust.

(3) If the Trust is dissolved or abolished, by act of the General Assembly or otherwise, its assets shall be distributed to the State or a governmental unit of the State.

Md. Code Housing & Community Development § 10-201 Established
Effective: 9/30/05 – Through: 5/31/23
There is a Maryland Affordable Housing Trust Fund.

Md. Code Housing & Community Development § 10-202 Purposes of Fund
Effective: 9/30/05 – Through: 5/31/23
(a) The Board shall use the Fund to make awards to:

(1) help acquire, build, rehabilitate, or preserve affordable housing;

(2) help nonprofit organizations develop affordable housing; and

(3) help promote affordable housing by contributing to pay the operating expenses of housing developments.

(b) In any fiscal year, the Board may use up to 5% of the Fund to pay actual operating and staffing expenses directly related to the activities of the Trust.

Md. Code Housing & Community Development § 10-205 Solicitation of Money
Effective: 9/30/05 – Through: 5/31/23
The Board may solicit money for the Fund from any source.

Md. Code Housing & Community Development § 10-203 Status
Effective: 9/30/05 – Through: 6/30/22
The State Treasurer shall hold and the Comptroller shall account for the Fund.

Md. Code Housing & Community Development § 10-204 Composition
Effective: 4/7/14 – Through: 5/31/23
The Fund consists of:

(1) money that the Board receives from any public or private source, including a gift, grant, or legacy;

(2) interest earned on Trust accounts held by title insurers and their agents under § 22–105 of the Insurance Article;

(3) investment earnings of the Fund; and

(4) repayments of principal or payments of interest on loans from the Fund.

Md. Code Housing & Community Development § 10-206 Investment of Fund
Effective: 9/30/05 – Through: 5/31/23
Money in the Fund shall be invested in the same way as other State money.

Md. Code Housing & Community Development § 10-301 Liberal construction
Effective: 9/30/05 – Through: 6/30/22
This title shall be liberally construed to accomplish its purposes.

Md. Code of Regs. § 31.16.03.01 General
Effective: 12/3/09 – Through: 5/31/23
The purpose of this chapter is to provide for the implementation and monitoring of accounts to be maintained by title insurers or title insurance producers for the benefit of the Maryland Affordable Housing Trust.

Md. Code Housing & Community Development § 22-103 Participation in State or federal programs
Effective: 9/30/06 – Through: 6/30/22
(a) An Indian authority may do anything necessary or convenient to participate in any State or federal program of low and moderate income housing assistance and community development, including:

(1) entering into and performing a contract or agreement with the State, the United States, or a unit of the federal government;

(2) developing or operating a housing project if approval by ordinance or resolution is obtained from the governing body and chief elected official of the political subdivision where the housing project is located; and

(3) acting as a public housing agency within the meaning of federal law and as an authority within the meaning of State law.

(b) The Department of Housing and Community Development or an authority, acting as a local public agency or public housing agency, may do anything necessary or convenient on behalf of Native American Indians or an Indian tribe in the State.

Md. Code of Regs. § 31.16.03.02 Definitions
Effective: 12/3/09 – Through: 5/31/23
A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means Insurance Article, §22-103, Annotated Code of Maryland.

(2) “Beneficial owner” means a person, other than the buyer in a real estate transaction, for whose benefit a title insurer or title insurance producer is entrusted to hold trust money.

(3) “Buyer” means a buyer in a real estate transaction.

(4) “Commissioner” means the Maryland State Insurance Commissioner.

(5) “Financial institution” means:

(a) A financial institution located in the State; or

(b) Subject to approval of the Banking Board in the Maryland Department of Labor, a financial institution outside the State that complies with the requirements of Insurance Article, Title 22, Subtitle 1, Annotated Code of Maryland.

(6) Law Firm.

(a) “Law firm” means an association of attorneys who are admitted to practice before the Court of Appeals of the State, and who:

(i) Are primarily engaged in the practice of law; and

(ii) Solicit, procure, or negotiate title insurance contracts only as an incident of the practice of law.

(b) “Law firm” includes a sole practitioner.

(c) “Law firm” does not include:

(i) An attorney or an association of attorneys who own, operate, or share an interest in a title agency; or

(ii) An attorney who is employed by a title agency as a title insurance producer or title insurance broker.

(7) “MAHT account” means an account established with a financial institution for the benefit of the Maryland Affordable Housing Trust.

(8) “Maryland Affordable Housing Trust (MAHT)” means the fund created under Housing and Community Development Article, Annotated Code of Maryland.

(9) “Mortgage” includes a deed of trust.

(10) “Person” means an individual, joint venture, partnership, corporation, trust, foundation, association, limited liability company, or any other legal entity.

(11) Title Agency.

(a) “Title agency” means a business formed for the primary purpose of acting as a title insurance producer.

(b) “Title agency” includes a sole proprietor, partnership, corporation, or limited liability company.

(12) Title Insurance Producer.

(a) “Title insurance producer” means a person who, for compensation, in any manner solicits, procures, or negotiates title insurance contracts.

(b) “Title insurance producer” includes a person who provides escrow, closing, or settlement services which may result in the issuance of a title insurance contract.

(c) “Title insurance producer” does not include individuals employed and used by title insurance producers for the performance of clerical, stenographic, and similar office duties.

(13) “Trust money” means a deposit, payment, or other money that a person entrusts to a title insurer or a title insurance producer to hold for a buyer or beneficial owner in connection with a real estate escrow, settlement, closing, or title indemnification.

Md. Code of Regs. § 31.16.03.04 Operation of MAHT Accounts
Effective: 12/3/09 – Through: 5/31/23
A. Account Terms. The terms of a MAHT account require that:

(1) The financial institution in which the MAHT account is maintained pays the interest earned on the MAHT account, less the reasonable and customary service charges of the financial institution, at least quarterly, to MAHT;

(2) At the time of payment of interest earned to MAHT, the financial institution provides an itemized statement for each MAHT account maintained in that financial institution, which statement shall set forth:

(a) The interest earned on each MAHT account, and

(b) If requested by MAHT, an itemized statement of each service charge assessed against the MAHT account.

B. Service Charges.

(1) Reasonable and customary charges for commercial accounts may be deducted from interest on the MAHT account, except charges for:

(a) Deposits of dishonored items;

(b) Presentations against insufficient funds;

(c) Overdrafts;

(d) Certified checks;

(e) Account reconciliations; and

(f) Wire transfers.

(2) If the aggregate service charges assessed against a title insurer or title insurance producer on all of its MAHT accounts held in a single financial institution exceed the aggregate interest earned on those MAHT accounts, the title insurer or title insurance producer is liable for payment of those service charges to the extent they exceed the earned interest.

(3) The Commissioner or MAHT may authorize a title insurer or title insurance producer to close all of its MAHT accounts or not open a MAHT account or accounts if the title insurer or title insurance producer:

(a) Demonstrates that it will cost or has cost more in reasonable and customary service charges for commercial accounts to maintain a MAHT account than will be or has been generated in interest by the MAHT account; and

(b) Agrees to open a MAHT account or accounts if the condition described in §B(3)(a) of this regulation is no longer applicable.

(4) These regulations do not preclude a financial institution from electing to waive service charges on a MAHT account.

Md. Code of Regs. § 31.16.03.03 Establishment of MAHT Accounts
Effective: 12/3/09 – Through: 5/31/23
A. Establishment.

(1) Each title insurer or title insurance producer expecting to make trust money deposits, as set forth in §B of this regulation, shall establish one or more MAHT accounts with a financial institution.

(2) The MAHT account:

(a) May provide all of the financial services which may be required by a title insurer or a title insurance producer;

(b) Shall be an interest-bearing account; and

(c) Shall be an account which:

(i) Is permitted to be held by a title insurer or title insurance producer under federal or State law; and

(ii) Charges reasonable and customary service charges for commercial accounts.

B. Trust Money Deposits.

(1) Except as provided in §B(3) of this regulation, a title insurer or title insurance producer shall deposit all trust monies, as defined in Regulation .02B of this chapter, into a MAHT account as provided in §B(2) of this regulation.

(2) Trust money from a particular transaction shall be deposited into a MAHT account only if, in the reasonable judgement of the title insurer or the title insurance producer, the money (if deposited into a separate MAHT interest bearing account) would earn:

(a) $50 or less in interest; or

(b) More than $50 in interest, if the reasonable and customary charges of the financial institution are anticipated to be more than the interest which would be earned on the trust money if separately deposited into a MAHT interest bearing account.

(3) A law firm is not required to deposit trust monies into a MAHT account, but shall deposit those monies as may be required by any other applicable law, including the attorney trust accounts provisions of Business Occupations and Professions Article, Annotated Code of Maryland.

Md. Code of Regs. § 31.16.03.05 Separate Accounts
Effective: 12/3/09 – Through: 5/31/23
A. Trust money which is not required to be deposited into a MAHT account may be deposited into any other deposit or investment vehicle:

(1) Specified by the buyer or beneficial owner; or

(2) Agreed upon by the buyer or beneficial owner and the title insurer or title insurance producer.

B. An agreement referred to in §A of this regulation between a buyer or beneficial owner and a title insurer or title insurance producer shall be in writing and either be:

(1) In a separate agreement; or

(2) If part of another agreement between the parties, in conspicuous type and initialed by the buyer or beneficial owner.

Md. Code of Regs. § 31.16.03.06 Annual Reports
Effective: 12/3/09 – Through: 5/31/23
A. Filing. Each title insurer or title insurance producer who maintains a separate MAHT account shall file an annual report with the Commissioner and MAHT.

B. Forms. The annual report shall be prepared on a form approved by the Commissioner and shall include the following information:

(1) A list of all MAHT accounts and other bank accounts maintained by the title insurer or title insurance producer in which trust money was deposited at any time during the year, which list shall include the:

(a) Name of the account holder;

(b) Names of all persons who have access to the account;

(c) Financial institution in which the account is maintained;

(d) Account number; and

(e) Purpose of the account;

(2) Gross and net interest earned on each account;

(3) A list of the types and amounts charged for services provided to each account, together with the total amount charged for services for each account; and

(4) Any other information the Commissioner considers necessary.

C. Date of Filing. A title insurer or title insurance producer shall file the annual report with the Commissioner and MAHT on or before March 31 for the immediately preceding year ending December 31.

Md. Code of Regs. § 31.16.03.07 Review and Audit
Effective: 12/3/09 – Through: 5/31/23
A. Review. The Commissioner and MAHT shall review the annual reports submitted by a title insurer or title insurance producer that maintains a separate MAHT account.

B. Audit.

(1) The Commissioner may audit a title insurer or title insurance producer for compliance with this chapter.

(2) The Commissioner may examine, and a title insurer or title insurance producer shall produce for examination, any record or document of a title insurer or title insurance producer, including:

(a) Books;

(b) Records;

(c) Financial statements;

(d) Banking statements; or

(e) Documents related to a real estate escrow, settlement, closing, or title indemnification.

(3) Each title insurer or title insurance producer shall permit the Commissioner to investigate, review, and copy records or documents of a financial institution pertaining to an account of a title insurer or title insurance producer.

C. Delegation.

(1) The Commissioner may delegate the authority to audit a title insurer or title insurance producer to MAHT for compliance with this chapter.

(2) If the Commissioner delegates its audit authority to MAHT, MAHT may audit the transactional files and related financial records of a title insurer or title insurance producer in connection with the sale or financing of real estate.

(3) If the Commissioner delegates its audit authority to MAHT, MAHT shall conduct the audit and report its findings to the Commissioner.

(4) The Commissioner may take appropriate action based upon the findings reported in the audit.

D. Cost. The expense incurred in connection with an audit performed under this chapter shall be paid by MAHT.

Md. Code of Regs. § 31.16.03.08 Enforcement
Effective: 12/3/09 – Through: 5/31/23
A. The Commissioner may impose on a title insurer or title insurance producer any penalty, sanction, or other form of legal enforcement which the Commissioner has the authority to impose for failure to comply with the provisions of this chapter.

B. The Commissioner may not charge a title insurer or a title insurer’s producer with a violation of ethical or legal responsibilities when placing trust funds in accounts where the interest earned is paid to the Maryland Affordable Housing Trust in accordance with this chapter.

Md. Code, Transportation § 2-112. Complete streets policy
Effective: 5/31/19 – Through: 5/31/23
Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Complete streets design features” means design features that accommodate and facilitate safe and convenient access and mobility to facilities by all users, including bicyclists, motorists, pedestrians, and public transportation users.

(ii) “Complete streets design features” includes:

1. Paved shoulders suitable for use by bicyclists;

2. Protected bicycle lanes;

3. Share the road signage;

4. Crosswalks;

5. Pedestrian control signals;

6. Bus access and safety measures;

7. Sidewalks;

8. Shared use pathways; and

9. Green stormwater infrastructure.

(3) “Complete streets policy” means a policy that provides information for the implementation of complete streets design features during the planning, design, construction, and reconstruction of a facility.

(4) “Facility” means:

(i) An airport facility, as defined in § 5-101 of this article, that is owned or operated by the State;

(ii) A State highway, as defined in § 8-101 of this article; and

(iii) A transit facility, as defined in § 7-101 of this article.

(5) “Green stormwater infrastructure” means infrastructure implemented using best management practices that reduce the volume of stormwater runoff through infiltration, evapotranspiration, the beneficial reuse of water, or any other effective method.

Scope of section

(b) This section applies to a facility in:

(1) The Maryland Aviation Administration, as required under § 5-408.1 of this article;

(2) The Maryland Transit Administration, as required under § 7-310 of this article; and

(3) The State Highway Administration, as required under § 8-204.1 of this article.

Requirements for a complete streets policy

(c) Except as provided in subsection (d) of this section, a complete streets policy adopted in accordance with this section shall:

(1) Be implemented with the objective of creating a comprehensive, integrated, and connected transportation network that allows users to choose among different modes of transportation;

(2) Ensure that all users are considered during the planning, design, construction, and reconstruction phases of a facility;

(3) Benefit all users equitably to the extent feasible while taking into consideration the needs of the most underinvested and underserved communities;

(4) When practicable, require the accommodation of other modes of transportation;

(5) Recognize that all facilities are different and user needs should be balanced to ensure community enhancement; and

(6) Incorporate best practices related to complete streets design features.

Exceptions

(d) Exceptions to the requirements of this section may be adopted when circumstances or laws exist that prohibit or limit the ability to provide favorable conditions for all modes of transportation.

Md. Code, Transportation § 8-902. Complete Streets Program
Effective: 6/30/18 – Through: 5/31/23
There is a competitive matching grant program within the Department known as the “Complete Streets Program”.

City of Baltimore § 40-1. Definitions.
Effective: 4/10/22 – Through: 5/31/23
(a) In general. In this subtitle, the following terms have the meanings indicated.

(b) Complete Streets. “Complete Streets” means a transportation philosophy that calls for streets to be constructed and operated in a way that considers the needs of all users and enables equitable and safe access.

(c) Advisory Committee. “Advisory Committee” means the Complete Streets Advisory Committee established by this subtitle.

(d) Public transit vehicle. “Public transit vehicle” means any vehicle that:

(1) is of a type used primarily for the transportation of the general public; and

(2) has a seating capacity of 10 or more passengers. (e) Street. “Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, mall, esplanade, or other way or place that is owned by the City or habitually used by the public.

(f) Transportation Department; Department. “Transportation Department” or “Department” means the Baltimore City Department of Transportation.

(g) Transportation Director; Director. “Transportation Director” or “Director” means the Director of the Baltimore City Department of Transportation or the Director’s designee.

Md. Code, Transportation § 8-903. Purpose and goals of the Program
Effective: 5/31/19 – Through: 5/31/23
(a) The purpose of the Program is to provide matching grants to certified jurisdictions to encourage:

(1) The regular and routine inclusion of complete streets design features and infrastructure during the planning, design, construction, and reconstruction of new or existing locally funded roads;

(2) The adoption of urban retrofit street ordinances designed to provide safe access to users of multiple modes of transportation; and

(3) The development of ranking systems for complete streets projects that consider the needs of underinvested and underserved communities in specific geographic regions of the State.

(b) The goals of the Program are to:

(1) Promote healthy communities by encouraging the use of multiple modes of transportation other than single–occupancy motor vehicles;

(2) Improve safety by designing streets to include design features such as:

(i) Wider sidewalks;

(ii) Dedicated bike facilities;

(iii) Medians;

(iv) Pedestrian streetscape design features; and

(v) Green stormwater infrastructure;

(3) Protect the environment and improve water quality by using green stormwater infrastructure to reduce stormwater runoff from rights–of–way;

(4) Reduce congestion by providing safe alternatives to single–occupancy motor vehicle driving;

(5) Preserve community character by:

(i) Involving local and diverse communities and stakeholders in planning, prioritization, and design decisions; and

(ii) Facilitating access to retail stores that provide healthy foods and other necessities, especially in food deserts designated under § 6–308(c) of the Housing and Community Development Article; and

(6) Provide for the equitable distribution of complete streets funds that takes into consideration the needs of underinvested and underserved communities in specific geographic regions of the State.

Md. Code, Transportation § 8-901. Definitions
Effective: 5/31/19 – Through: 5/31/23
(a) In this subtitle the following words have the meanings indicated.

(b) “Certified jurisdiction” means a local government that has been certified by the Department in accordance with § 8–905 of this subtitle.

(c) “Complete streets” means streets that provide accommodations for users of multiple modes of transportation.

(d) “Complete streets design features” has the meaning stated in § 2–112 of this article.

(e) “Complete streets policy” means a law, a bylaw, an ordinance, or an administrative policy adopted by a local government in accordance with § 8–905 of this subtitle.

(f) “Eligible project” means a local government or State highway, street, or road retrofit project that includes the addition of or significant repair to facilities that provide access for users of multiple modes of transportation.

(g) “Green stormwater infrastructure” means infrastructure implemented using best management practices that reduce the volume of stormwater runoff through infiltration, evapotranspiration, the beneficial reuse of water, or any other effective method.

(h) “Local government” means a county or municipality in the State.

(i) “Program” means the Complete Streets Program established under this subtitle.

City of Baltimore, Council Bill 09-0433
Effective: 4/10/10 – Through: 5/31/23
[…]

Adoption of a “Complete Streets” philosophy for transportation projects is especially advantageous in an urban area such as Baltimore where many people do not have regular access to a car. Ensuring that the needs of all citizens are met by applying “Complete Streets” principals principles across the board will improve access to communities throughout Baltimore, make the City more liveable, encourage healthy behaviors, and reduce negative environmental impacts city-wide.

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Department of Transportation and the Department of Planning are directed to plan for, design, and construct all new City transportation improvement projects to provide appropriate accommodations for pedestrians, bicyclists, transit riders, motorists, and persons of all abilities, while promoting safe operation for all users. This can be accomplished through the incorporation of construction elements such as special bus lanes, transit stops, improved pedestrian street crossings, median islands, accessible pedestrian signals, curb extensions, sidewalks, ADA compliant ramps, and bike lanes.

SECTION 2. AND BE IT FURTHER RESOLVED, That the Department of Transportation is directed to incorporate Complete Streets principals principles, as applicable and subject to State and federal laws and regulations, into all Department plans, manuals, rules, regulations, and programs.

SECTION 3. AND BE IT FURTHER RESOLVED, That the application of Complete Streets principles may be waived for a specific project if the Director of Transportation issues a documented exception concluding that application of Complete Streets principles would be contrary to public safety.

SECTION 4. AND BE IT FURTHER RESOLVED, That Complete Streets may be achieved through single projects or incrementally through a series of smaller improvements over time. It is the Mayor and City Council’s intent that all sources of transportation funding be drawn on to implement Complete Streets.

SECTION 5. AND BE IT FURTHER RESOLVED, That the Department of Transportation is directed to report to the Mayor and City Council annually, on the anniversary of the effective date of this Resolution, on the Department’s progress towards implementing Complete Streets throughout Baltimore. These reports must incorporate performance measures established to gauge how well streets are serving all users and include information such as crash data, uses of new projects by mode, complaints, the linear feet of sidewalk built, the number of ADA compliant ramps built, how many miles of bike lanes have been created, the number of exemptions from the application of Complete Streets principles that have been granted, and the number of, and yearly change in, overall paved lane miles.

SECTION 6. AND BE IT FURTHER RESOLVED, That this Resolution takes effect on the 30th day after the date it is enacted.

[…]

City of Baltimore § 40-2. Applicability of subtitle.
Effective: 12/2/18 – Through: 5/31/23
(a) In general. Except as otherwise provided in this subtitle, this subtitle applies to all project phases undertaken by or, under the authority of the Transportation Department for the improvement of any street and public right of way, including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit, and operation.

(b) Exceptions – Ordinary maintenance. This subtitle does not apply to ordinary maintenance, such as mowing, cleaning, sweeping, pothole filling, concrete joint repair, and other regular or seasonal maintenance. Ordinary maintenance includes local road resurfacing on roadway segments, exclusive of intersections, that experience traffic volumes of fewer than 6,000 vehicles per day, based on the latest available or estimated traffic data.

(c) Exceptions – Preexisting projects. This subtitle does not apply to a project at or above 30% design or under construction as of January 3, 2020.

(d) Exceptions – Limited-access roads. This subtitle does not apply to a street where use by both pedestrians and bicyclists is prohibited by law.

City of Baltimore § 40-6. Department to construct and operate system.
Effective: 12/2/20 – Through: 5/31/23
The Department must construct and operate a comprehensive Complete Streets Transportation System that enables access, mobility, economic development, attractive public spaces, health, and well-being for all people.

City of Baltimore § 40-7. System to ensure safety, etc., and convenience of all users.
Effective: 12/2/18 – Through: 5/31/23
This Transportation System must be designed and operated in ways that ensure the safety, security, comfort, access, and convenience of all users of the streets, including pedestrians, bicyclists, public transit users, emergency responders, transporters of commercial goods, motor vehicles, and freight providers.

City of Baltimore § 40-8. System to include connected facilities accommodating all travel modes.
Effective: 12/2/18 – Through: 5/31/23
This Transportation System must include integrated networks of connected facilities accommodating all modes of travel.

City of Baltimore § 40-11. System to ensure equity.
Effective: 12/2/18 – Through: 5/31/23
This Transportation System must, to the greatest extent possible, ensure equity by actively pursuing the elimination of health, economic, and access disparities.

City of Baltimore § 40-9. System to promote walking, biking, and public transit.
Effective: 12/2/18 – Through: 5/31/23
This Transportation System must, to the greatest extent possible, promote walking, biking, and public transit.

City of Baltimore § 40-26. Definitions.
Effective: 12/2/18 – Through: 5/31/23
(a) In general. In this Part IV, the following terms have the meanings indicated.

(b) Transit street. “Transit street” means any street on which a public transit vehicle provides fixed-route service.

(c) Truck route. “Truck route” means any street so designated on the Transportation Department’s map of “Official Truck Routes”.

City of Baltimore § 40-16. Committee established.
Effective: 12/2/18 – Through: 5/31/23
There is a Complete Streets Advisory Committee

City of Baltimore § 40-21. Duties.
Effective: 12/2/18 – Through: 5/31/23
In addition to the other duties specified elsewhere in this subtitle, the Advisory Committee is responsible for:

(1) promoting interagency cooperation in project identification, funding, and planning;

(2) reviewing proposals for projects brought to the Committee by any of its members;

(3) reviewing the status of projects to which this subtitle is applicable;

(4) making recommendations to the Director about prioritization of projects;

(5) reviewing reports on complete streets implementation, compliance, and performance; and

(6) coordinating interagency cooperation in community engagement.

City of Baltimore § 40-30. DoT to use latest and best standards.
Effective: 12/2/18 – Through: 5/31/23
In constructing and operating its Complete Streets Transportation System, the Transportation Department must use the latest and best standards, including:

(1) National Association of City Transportation Officials:

(i) “Global Street Design Guide”.

(ii) “Urban Street Design Guide”.

(iii) “Transit Street Design Guide”.

(iv) “Urban Bikeway Design Guide”.

(v) “Urban Street Stormwater Guide”.

(2) American Association of State Highway and Transportation Officials:

(i) “Guide for Planning Design and Operation of Pedestrian Facilities”.

(ii) “Guide for the Development of Bicycle Facilities”.

(3) Federal Highway Administration:

(i) “Separated Bike Lane Planning and Design Guide”.

(ii) “Report on Incorporating On-Road Bicycle Networks into Resurfacing Projects”.

(4) Institute of Transportation Engineers, “Manual for Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities”.

(5) National Cooperative Highway Research Program, Report 616, “Multi-Modal Level of Service Analysis for Urban Streets”.

City of Baltimore § 40-27. Design vehicles.
Effective: 12/2/18 – Through: 5/31/23
(a) “Design vehicle” defined. In this section, “design vehicle” means a selected vehicle, with specific weight, dimensions, and operating characteristics, used to establish street design controls.

(b) In general. The design vehicle used by the Transportation Department for all streets, except for transit streets and truck routes, must be the design vehicle recommended for neighborhood streets by the most recent edition of the National Association of City Transportation Officials, “Urban Street Design Guide”.

(c) Transit streets. The design vehicle used by the Transportation Department for transit streets must be the design vehicle recommended for designated transit streets by the most recent edition of the National Association of City Transportation Officials, “Transit Street Design Guide”.

(d) Truck routes. The design vehicle used by the Transportation Department for truck routes must be the design vehicle recommended for designated truck routes by the most recent edition of the National Association of City Transportation Officials, “Urban Street Design Guide”.

City of Baltimore § 40-36. Director to adopt Complete Streets Manual.
Effective: 1/12/20 – Through: 5/31/23
The Transportation Director, in consultation with the Complete Streets Advisory Committee, must adopt and may amend from time to time a Complete Streets Manual to carry out this subtitle.

City of Baltimore § 40-37. Modal hierarchy.
Effective: 12/2/18 – Through: 5/31/23
The Complete Streets Manual must include a hierarchy of the various modes of travel, indicating the priority to be given to each mode.

City of Baltimore § 40-39. Project prioritization process.
Effective: 1/12/20 – Through: 5/31/23
(a) In general.

The Complete Streets Manual must include a process for identifying, screening, and prioritizing projects seeking funding through federal or state grants, the City Capital Improvement Program, or other means.

(b) Process to include equity assessment.

This project prioritization process must include an equity assessment. The equity assessment must consider transportation disparity trends based on race, gender, sexual orientation, age, disability, ethnicity, national origin, or income and recommend ways to reverse these trends. It must assess and recommend ways to eliminate structural and institutional discrimination in transportation based on immutable characteristics.

City of Baltimore § 40-41. Equity in community engagement.
Effective: 12/2/18 – Through: 5/31/23
The Complete Streets Manual must include community engagement policies that overcome barriers to engagement associated with race, income, age, disability, English language proficiency, and vehicle access of populations affected by a project, including a means of measuring success in overcoming these barriers.

City of Baltimore § 40-40. Project delivery process.
Effective: 12/2/18 – Through: 5/31/23
(a) In general. The Complete Streets Manual must include a project delivery process.

(b) Requirements. This project delivery process must include:

(1) project phases from identification through construction through operation;

(2) a chart listing the types of projects undertaken by, under the authority of, or under the supervision of the Department, and showing project phases for each type, and steps to complete each project phase, and whether, for each project type, a given step is required, optional, or inapplicable;

(3) a decision tree showing how street typology, existing and planned land use, modal hierarchy, and any additional factors determine street design, and whether various elements are required, recommended, optional, or not required; and

(4) a project management checklist.

City of Baltimore § 40-43. Final adoption.
Effective: 1/12/20 – Through: 5/31/23
(a) In general. After the 45-day public comment and hearing period, the Director may modify and adopt the Complete Streets Manual.

(b) Filing with Legislative Reference. A copy of the Complete Streets Manual and, from time to time, any amendment to the Manual must be filed with the Department of Legislative Reference before it becomes effective.

(c) Complete Streets Manual compliance. DOT guidelines, policies, and procedures must be updated for compliance with the Complete Streets Manual.

City of Baltimore § 40-46 Annual report required
Effective: 12/2/18 – Through: 5/31/23
On or before August 31 of each year, the Director, in consultation with the Advisory Committee, must:

(1) prepare a report assessing the status of the Complete Streets Transportation System; and

(2) submit that report to:

(i) the Mayor;

(ii) the City Council; and

(iii) the Advisory Committee.

City of Baltimore § 40-47. Performance measures.
Effective: 4/2/18 – Through: 5/31/23
(a) In general. Performance measures will be established using available data.

(b) Crash data.

(1) In general.

The annual report must measure year-over-year changes in crash data for all modes of travel as measured by:

(i) the “Maryland Statewide Vehicle Crashes Data” collected by the Maryland State Police;

(ii) the “Fatality Analysis Reporting System” data collected by the National Highway Traffic Safety Administration; or

(iii) other similar data.

(2) Separate reporting by category.

Crash data for all modes of travel must be separately reported by the following categories:

(i) all crashes;

(ii) injury crashes; and

(iii) fatal crashes.

(c) Transit on-time performance.

The annual report must measure year-over-year change in transit on-time performance, as measured by:

(1) the performance data collected by the Maryland Transit Administration and published in the Maryland Department of Transportation’s Annual Attainment Report; or

(2) other similar data collected by the Maryland Transit Administration or the Transportation Department.

(d) Commute times.

The annual report must measure commute times for all modes of travel, as measured by the travel-time-to-work data reported in the American Communities Survey’s “Commuting (Journey to Work)”.

(e) Modal share.

The annual report must measure modal share, as measured by the means-of-transportation data reported in the American Communities Survey’s “Commuting (Journey to Work)”.

(f) Infrastructure data.

(1) In general. The annual report must measure:

(i) the amount of transportation infrastructure built, upgraded, replaced, or rehabilitated in the previous 1-year period; and

(ii) the total amount of infrastructure in the City’s overall transportation system.

(2) Separate reporting by type. The measurements required by paragraph (1) of this subsection must be separately reported by type, including:

(i) infrastructure for walking, biking, and public transit;

(ii) public space infrastructure; and

(iii) green infrastructure.

(g) Economic development measures.

The annual report must measure year-over-year changes in certain economic development data points and conditions:

(1) in each of the City’s “Main Streets”, as part of the Baltimore Main Streets program; and

(2) in any other geographical area otherwise designated by the Advisory Committee.

(h) Inventory of projects.

The annual report must include an inventory of all ongoing projects in any phase and the projected cost of those projects.

(i) Conflicts between local and state or federal standards.

The annual report must include a list of all instances in which the local standards set forth in this subtitle or in the Complete Streets Manual were or are planned to be superseded by state or federal standards, pursuant to § 40-31 of this subtitle, as well as citations and causes for the local standard being superseded.

City of Baltimore § 40-48. Equity lens.
Effective: 12/2/18 – Through: 5/31/23
(a) Separate reporting by geographic subunit.

In preparing the annual report, the Department must separately report data by geographic subunit (e.g., census tract, traffic analysis zone, or the like).

(b) Separate reporting by race, income, and vehicle access.

The annual report must separately report data into the following categories:

(1) populations that are above and below the median number of persons of color for Baltimore City.

(2) populations above and below 50% no vehicle access.

(3) populations with a median income above and below the median household income for Baltimore City

City of Baltimore § 40-49. Report and data to be publicly available.
Effective: 12/2/18 – Through: 5/31/23
(a) Report to be posted.

The annual report must be made available to the public by posting it on the Transportation Department’s website.

(b) Data to be made available.

To the greatest extent possible, all underlying data used in preparing the annual report must be made available to the public.

City of Baltimore § 40-50. Accountability to communities.
Effective: 1/12/20 – Through: 5/31/23
The Transportation Department, in consultation with the Complete Streets Advisory Committee, must conduct public meetings and other community engagement and outreach activities to present the Complete Streets annual report to the public and solicit public input.

Md. Code, Labor & Employment § 3-1301. Definitions
Effective: 10/1/20 – Through: 6/1/23
(a) In this subtitle the following words have the meanings indicated.

(b) “Abuse” has the meaning stated in § 4–501 of the Family Law Article.

(c) “Domestic violence” means abuse against an individual eligible for relief.

(d) “Earned sick and safe leave” means leave away from work that is provided by an employer under § 3–1304 of this subtitle.

(e) “Employee” does not include an individual who:

(1) performs work under a contract of hire that is determined not to be covered employment under § 8–205 of this article;

(2) is not a covered employee under § 9–222 of this article;

(3) is under the age of 18 years before the beginning of the year;

(4) is employed in the agricultural sector on an agricultural operation under § 5–403(a) of the Courts Article;

(5) is employed by a temporary services agency to provide temporary staffing services to another person if the temporary services agency does not have day–to–day control over the work assignments and supervision of the individual while the individual is providing the temporary staffing services; or

(6) is directly employed by an employment agency to provide part–time or temporary services to another person.

(f) “Employer” includes:

(1) a unit of State or local government; and

(2) a person that acts directly or indirectly in the interest of another employer with an employee.

(g) “Family member” means:

(1) a biological child, an adopted child, a foster child, or a stepchild of the employee;

(2) a child for whom the employee has legal or physical custody or guardianship;

(3) a child for whom the employee stands in loco parentis, regardless of the child’s age;

(4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the employee or of the employee’s spouse;

(5) the legal guardian or ward of the employee or of the employee’s spouse;

(6) an individual who acted as a parent or stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor;

(7) the spouse of the employee;

(8) a biological grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent of the employee;

(9) a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the employee; or

(10) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the employee.

(h) “Person eligible for relief” has the meaning stated in § 4–501 of the Family Law Article.

(i) “Restaurant” means an establishment that:

(1) accommodates the public;

(2) is equipped with a dining room with facilities for preparing and serving regular meals; and

(3) has average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(j) “Sexual assault” means:

(1) rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

(2) child sexual abuse under § 3–602 of the Criminal Law Article; or

(3) sexual abuse of a vulnerable adult under § 3–604 of the Criminal Law Article.

(k) “Stalking” has the meaning stated in § 3–802 of the Criminal Law Article.

(l) Unless the context requires otherwise, “year” means a regular and consecutive 12–month period as determined by the employer.

Md. Code, Labor & Employment § 3-1302. Construction of Existing Paid Leave Plans; Preemption
Effective: 2/11/18 – Through: 6/1/23
(a) In this section, “existing paid leave” includes:

(1) vacation days;

(2) sick days;

(3) short–term disability benefits;

(4) floating holidays;

(5) parental leave; and

(6) other paid time off that may be used under the terms and conditions as paid sick and safe leave.

(b) This subtitle may not be construed to:

(1) require an employer to compensate an employee for unused earned sick and safe leave when the employee leaves the employer’s employment;

(2) require an employer to modify an existing paid leave policy if:

(i) the policy permits an employee to accrue and use leave under terms and conditions that are at least equivalent to the earned sick and safe leave provided for under this subtitle; or

(ii) the paid leave policy does not reduce employee compensation for an absence due to sick or safe leave;

(3) except as provided in subsection (d) of this section, preempt, limit, or otherwise affect any other law that provides for sick and safe leave benefits that are more generous than required under this subtitle;

(4) preempt, limit, or otherwise affect any workers’ compensation benefits that are available under Title 9 of this article; or

(5) prohibit an employer from adopting and enforcing a policy that prohibits the improper use of earned sick and safe leave, including prohibiting a pattern of abuse of earned sick and safe leave.

(c) For the purposes of subsection (b)(2) of this section, the terms and conditions of a paid leave policy shall be presumed to be equivalent if the terms and conditions allow an employee to:

(1) access and accrue paid leave at the same rate or at a greater rate than provided for in § 3–1304 of this subtitle; and

(2) use the paid leave for the purposes listed in § 3–1305 of this subtitle.

(d) (1) Except as provided in paragraph (2) of this subsection, this subtitle preempts the authority of a local jurisdiction to enact a law on or after January 1, 2017, that regulates sick and safe leave provided by an employer other than the local jurisdiction.

Md. Code, Family § 4-501. Definitions
Effective: 10/1/20 – Through: 6/1/23
(a) In this subtitle the following words have the meanings indicated.

(b) (1) “Abuse” means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment;

(vi) stalking under § 3–802 of the Criminal Law Article; or

(vii) revenge porn under § 3–809 of the Criminal Law Article.

(2) (i) If the person for whom relief is sought is a child, “abuse” may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article.

(ii) Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

(c) “Child care provider” means a person that provides supervision and care for a minor child.

(d) “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

(e) “Commissioner” means a District Court Commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.

(f) “Court” means the District Court or a circuit court in this State.

(g) “Emergency family maintenance” means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

(h) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(i) “Final protective order” means a protective order issued under § 4–506 of this subtitle.

(j) “Home” means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

(k) “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

(l) “Local department” means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

(m) “Person eligible for relief” includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult;

(6) an individual who has a child in common with the respondent;

(7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and

(8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, any of the following acts against the individual:

(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article; or

(ii) attempted rape or sexual offense in any degree.

(n) (1) “Pet” means a domesticated animal.

(2) “Pet” does not include livestock.

(o) (1) “Petitioner” means an individual who files a petition.

(2) “Petitioner” includes:

(i) a person eligible for relief; or

(ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State’s Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; and

4. an adult who resides in the home.

(p) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

(q) “Respondent” means the person alleged in the petition to have committed the abuse.

(r) “Temporary protective order” means a protective order issued under § 4–505 of this subtitle.

(s) “Victim” includes a person eligible for relief.

(t) “Vulnerable adult” has the meaning provided in § 14–101(q) of this article.

Md. Code, Labor & Employment § 3-1303. Applicability of Subtitle to Specific Employees
Effective: 2/11/18 – Through: 6/1/23
(a) This subtitle does not apply to an employee who:

(1) regularly works less than 12 hours a week for an employer;

(2) (i) is employed in the construction industry; and

(ii) is covered by a bona fide collective bargaining agreement in which the requirements of this subtitle are expressly waived in clear and unambiguous terms; or

(3) (i) is called to work by the employer on an as–needed basis in a health or human services industry;

(ii) can reject or accept the shift offered by the employer;

(iii) is not guaranteed to be called on to work by the employer; and

(iv) is not employed by a temporary staffing agency.

(b) For the purpose of subsection (a)(2)(i) of this section, an employee who is employed in the construction industry does not include an employee employed as:

(1) a janitor;

(2) a building cleaner;

(3) a building security officer;

(4) a concierge;

(5) a doorperson;

(6) a handyperson; or

(7) a building superintendent.

(c) (1) Except as provided in paragraph (2) of this subsection, if a unit of State or local government’s sick leave accrual and use requirements meet or exceed the sick and safe leave provided for under this subtitle, employees of the unit of State or local government who are part of the unit’s personnel system are subject to the unit’s laws, regulations, policies, and procedures providing for:

(i) accrual and use of sick leave;

(ii) grievances; and

(iii) disciplinary actions.

(2) Employees of a unit of State government that are entitled to sick and safe leave under this subtitle and who are not covered by the unit’s sick leave and accrual and use requirements are subject to § 3–1308 of this subtitle.

Md. Code, Labor & Employment § 3-1304. Employers Subject to Subtitle; Rate of Accrual
Effective: 2/11/18 – Through: 6/1/23
(a) (1) (i) Subject to subparagraph (iii) of this paragraph, an employer that employs 15 or more employees shall provide an employee with earned sick and safe leave that is paid at the same wage rate as the employee normally earns.

(ii) An employer that employs 14 or fewer employees shall at least provide an employee with unpaid earned sick and safe leave.

(iii) An employer may not be required to pay a tipped employee more than the applicable minimum wage for earned sick and safe leave.

(2) (i) For the purpose of determining whether an employer is required to provide paid or unpaid earned sick and safe leave under this subsection, the number of employees of an employer shall be determined by calculating the average monthly number of employees employed by the employer during the immediately preceding year.

(ii) Each employee of an employer shall be included in the calculation made under subparagraph (i) of this paragraph without regard to whether the employee is a full–time, part–time, temporary, or seasonal employee or would be eligible for earned sick and safe leave benefits under this subsection.

(b) The earned sick and safe leave provided under subsection (a) of this section shall accrue at a rate of at least 1 hour for every 30 hours an employee works.

(c) An employer may not be required to allow an employee to:

(1) earn more than 40 hours of earned sick and safe leave in a year;

(2) use more than 64 hours of earned sick and safe leave in a year;

(3) accrue a total of more than 64 hours at any time;

(4) use earned sick and safe leave during the first 106 calendar days the employee works for the employer; or

(5) accrue earned sick and safe leave during a:

(i) 2–week pay period in which the employee worked fewer than 24 hours total;

(ii) 1–week pay period if the employee worked fewer than a combined total of 24 hours in the current and the immediately preceding pay period; or

(iii) pay period in which:

1. the employee is paid twice a month regardless of the number of weeks in a pay period; and

2. the employee worked fewer than 26 hours in the pay period.

(d) At the beginning of each year, an employer may award to an employee the full amount of earned sick and safe leave that an employee would earn over the course of the year rather than awarding the leave as the leave accrues during the year.

(e) (1) Except as provided in paragraph (2) of this subsection, for the purposes of calculating the accrual of earned sick and safe leave, an employee who is exempt from overtime wage requirements under the federal Fair Labor Standards Act is assumed to work 40 hours each workweek.

(2) If the employee’s normal workweek is less than 40 hours, the number of hours in the normal workweek shall be used.

(f) Earned sick and safe leave shall begin to accrue:

(1) January 1, 2018; or

(2) if the employee is hired after January 1, 2018, the date on which the employee begins employment with the employer.

(g) (1) Subject to paragraphs (2) and (3) of this subsection, if an employee has unused earned sick and safe leave at the end of each year, the employee may carry over the balance of the earned sick and safe leave to the following year.

(2) An employer may not be required to allow an employee to carry over more than 40 hours of earned sick and safe leave under paragraph (1) of this subsection.

(3) An employer may not be required to allow an employee to carry over unused earned sick and safe leave under paragraph (1) of this subsection if:

(i) the employer awards the employee the full amount of earned sick and safe leave at the beginning of each year under subsection (d) of this section; or

(ii) the employee is employed by a nonprofit entity or a governmental unit in accordance with a grant, the duration of which is limited to 1 year and is not subject to renewal.

(h) If an employee is rehired by the employer within 37 weeks after leaving the employment of the employer, the employer shall reinstate any unused earned sick and safe leave that the employee had when the employee left the employment of the employer unless the employer voluntarily paid out the unused earned sick and safe leave on the termination of employment.

(i) (1) An employer may allow an employee to use earned sick and safe leave before the employee accrues the amount needed.

(2) If an employee is allowed under paragraph (1) of this subsection to use earned sick and safe leave before it has accrued, the employer may deduct the amount paid for the earned sick and safe leave from the wages paid to the employee on the termination of employment under § 3–505 of this title if:

(i) the employer and employee mutually consented to the deduction as evidenced by a document signed by the employee; and

(ii) the employee leaves the employment of the employer before the employee has accrued the amount of earned sick and safe leave that was used.

(j) An employer may not be required to pay out on the termination of employment unused earned sick and safe leave accrued by an employee.

(k) An employer who acquires, by sale or otherwise, another employer shall allow all employees of the original employer who remain employed by the successor employer to retain all unused earned sick and safe leave accrued during employment with the original employer.

Md. Code, Labor & Employment § 3-1305. Employee Use of Earned Sick and Safe Leave
Effective: 2/11/18 – Through: 6/1/23
(a) An employer shall allow an employee to use earned sick and safe leave:

(1) to care for or treat the employee’s mental or physical illness, injury, or condition;

(2) to obtain preventive medical care for the employee or employee’s family member;

(3) to care for a family member with a mental or physical illness, injury, or condition;

(4) for maternity or paternity leave; or

(5) if:

(i) the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member; and

(ii) the leave is being used:

1. by the employee to obtain for the employee or the employee’s family member:

A. medical or mental health attention that is related to the domestic violence, sexual assault, or stalking;

B. services from a victim services organization related to the domestic violence, sexual assault, or stalking; or

C. legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or

2. during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.

(b) (1) If the need to use earned sick and safe leave is foreseeable, an employer may require an employee to provide reasonable advance notice of not more than 7 days before the date the earned sick and safe leave would begin.

(2) If the need to use earned sick and safe leave is not foreseeable, an employee shall:

(i) provide notice to an employer as soon as practicable; and

(ii) generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the employee’s ability to use earned sick and safe leave.

(3) An employer may deny a request to take earned sick and safe leave if:

(i) 1. an employee fails to provide the notice required under paragraphs (1) or (2) of this subsection; and

2. the employee’s absence will cause a disruption to the employer; or

(ii) 1. the employer is a private employer licensed under Title 7 or Title 10 of the Health – General Article to provide services to developmentally disabled or mentally ill individuals;

2. the need to use earned sick and safe leave is foreseeable;

3. after exercising reasonable efforts, the employer is unable to provide a suitable replacement employee; and

4. the employee’s absence will cause a disruption of service to at least one individual with a developmental disability or mental illness.

(c) An employer may not require that an employee who is requesting earned sick and safe leave search for or find an individual to work in the employee’s stead during the time the employee is taking the leave.

(d) (1) (i) Instead of taking earned sick and safe leave under this section, by mutual consent of the employer and employee, an employee may work additional hours or trade shifts with another employee during a pay period, or the following pay period, to make up work hours that the employee took off for which the employee could have taken earned sick and safe leave.

(ii) An employee is not required to offer or to accept an offer of additional work hours or a trade in shifts.

(iii) If an employee works additional hours or trades shifts under subparagraph (i) of this paragraph, the employer may not deduct the absence from the employee’s accrued earned sick and safe leave.

(2) (i) This paragraph applies only to an employee employed in the restaurant industry who is compensated as a tipped employee under § 3–419 of this title and who would be entitled to paid leave under § 3–1304 of this subtitle if the employee:

1. needs to take earned sick and safe leave;

2. prefers and is able to work additional hours or trade shifts with another employee in the same pay period or the following pay period; and

3. requires the employer to arrange coverage of the shift.

(ii) If the employer is contacted to arrange the coverage of a shift under subparagraph (i) of this paragraph, the employer shall have the discretion to offer the employee a choice of:

1. being paid the minimum wage required under § 3–413 of this title for the employee’s absence; or

2. working an equivalent shift of the same number of hours in the same pay period or the following pay period.

(iii) An employer that does not offer the tipped employee the choice under subparagraph (ii) of this paragraph shall pay to the employee the minimum wage required under § 3–413 of this title for the use of the earned sick and safe leave.

(iv) An employer may deduct an absence taken under this paragraph from the employee’s accrued earned sick and safe leave.

(3) An employer is not required to consent to an employee’s request to work additional hours or trade shifts if the additional hours or trade in shifts would result in the employer being required to pay overtime to the employee.

(e) (1) Except as provided in paragraph (2) of this subsection, an employee may take earned sick and safe leave in the smallest increment that the employer’s payroll system uses to account for absences or use of the employee’s work time.

(2) An employer may require an employee to take earned sick and safe leave in an increment not exceeding 4 hours.

(f) (1) When wages are paid to an employee, the employer shall provide in writing by any reasonable method a statement regarding the amount of earned sick and safe leave that is available for use by the employee.

(2) An employer may satisfy the requirement under paragraph (1) of this subsection by providing an online system through which an employee may ascertain the balance of the employee’s available earned sick and safe leave.

(g) (1) An employer may require an employee who uses earned sick and safe leave to provide verification that the leave was used appropriately under subsection (a) of this section if:

(i) the leave was used for more than two consecutive scheduled shifts; or

(ii) 1. the employee used the leave during the period between the first 107 and 120 calendar days, both inclusive, that the employee was employed by the employer; and

2. the employee agreed to provide verification under terms mutually agreed to by the employer and the employee at the time the employee was hired by the employer.

Md. Code, Labor & Employment § 3-1308. Written Complaint by Employee
Effective: 2/11/18 – Through: 6/1/23
(a) If an employee believes that an employer has violated this subtitle, the employee may file a written complaint with the Commissioner.

(b) (1) Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.

(2) (i) If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Commissioner determines that an employer has violated this subtitle, the Commissioner shall issue an order.

(ii) An order issued under subparagraph (i) of this paragraph:

1. shall describe the violation;

2. shall direct the payment of the full monetary value of any unpaid earned sick and safe leave and any actual economic damages;

3. may, in the Commissioner’s discretion, direct the payment of an additional amount up to three times the value of the employee’s hourly wage for each violation; and

4. may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this subtitle.

(3) The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

(c) (1) Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

(2) If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

(i) the Commissioner may:

1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or

2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and

(ii) within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.

(3) If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

(i) three times the value of the employee’s unpaid earned sick and safe leave;

(ii) punitive damages in an amount to be determined by the court;

(iii) reasonable counsel fees and other costs;

(iv) injunctive relief, if appropriate; and

(v) any other relief that the court deems appropriate.

–

Baltimore City Code, Art. 13, § 4-6. Registration statement.
Effective: 8/1/18 – Through: 6/1/23
(a) Form and contents.
Each registration statement must be in the form that the Commissioner requires and contain the following information:
(1) a description of the premises by street number or by block-and-lot;
(2) the name, street address, telephone number, and email address of the premises’ owner of record;
(3) the name, street address, telephone number, and email address of the premises’ managing operator, if other than the owner; and
(4) if the owner is a corporation, partnership, limited partnership, limited liability company, or similar entity, the name, street address, telephone number, and email address of a natural person who serves as the owner’s chief executive officer, managing partner, or managing member, or in a similarly authoritative position.
(b) Change of listed information.
The Commissioner must be notified within 10 days of any change in the identity of or contact information for the owner of record or any other person listed in the registration statement.

Baltimore City Code, Art. 13, § 4-2. Scope.
Effective: 10/8/10 – Through: 6/1/23
This subtitle applies to:
(1) every non-owner-occupied dwelling unit, whether or not it is occupied, fit for human habitation, or revenue producing;
(2) every vacant structure, whether it is a residential structure, a non-residential structure, or other; and
(3) every rooming house.

Baltimore City Code, Art. 13, § 4-5. Registration required.
Effective: 10/8/10 – Through: 6/1/23
(a) In general.
(1) The owner of any non-owner-occupied dwelling unit or of any rooming house must file an annual registration statement for that unit or rooming house with the Commissioner.
(2) The owner of any vacant structure must file an annual registration statement for that structure with the Commissioner.
(b) New owner.
(1) A new owner of a non-owner-occupied dwelling unit or of a rooming house must file the registration statement within 10 days of acquiring title to the unit or rooming house.
(2) If the previous owner had registered the unit or rooming house and paid the applicable registration fee for the current registration period, the new owner need not pay any registration fee for that registration period.
(c) Newly vacant structure.
The owner of a vacant structure, whether or not previously registered as a non-owner-occupied dwelling unit or as a rooming house, must file a new registration statement and pay the fee applicable to vacant structures, within 10 days of the property’s becoming a vacant structure.

Baltimore City Code, Art. 13, § 4-8. Registration fees.
Effective: 1/3/20 – Through: 6/1/23
(a) Rooming houses.
(1) Base fee. Except as otherwise specified in this section, an annual registration fee must be paid for rooming houses at the rate of $25 per rooming unit.
(2) Increased fee. For any rooming house that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of this article to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by City Charter Article I, § 14 {“Affordable Housing Trust Fund”}.
(b) Non-owner-occupied dwelling units.
(1) Base fee. Except as otherwise specified in this section, an annual registration fee must be paid for nonowner-occupied dwelling units at the following rates:
(i) for properties with 1 and 2 dwelling units – $30 per dwelling unit.
(ii) for multiple-family dwellings – $35 per dwelling unit, plus $25 per rooming unit.
(2) Increased fee. For any dwelling that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of this article to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per dwelling or rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by City Charter Article I, § 14 {“Affordable Housing Trust Fund”}.
(c) Vacant structures.
Except as otherwise specified in this section, an annual registration fee, in addition to any fee that might also be required by subsection (a) or (b) of this section, must be paid for vacant structures at the following rates:
(1) for residential structures – $100 per structure.
(2) for all other structures – $250 per structure.
(d) When payable.
These fees must all be paid at the time of registration.
(e) Exceptions.
No fee is charged for:
(1) any dwelling unit, rooming house, or vacant structure that is owned by a governmental entity or an instrumentality or unit of a governmental entity; or
(2) any dwelling unit that is not in a vacant structure and is owned by a nonprofit religious, charitable, or educational institution or organization.

Baltimore City Code, Art. 13, § 4-1. Definitions.
Effective: 4/8/22 – Through: 6/1/23
(a) In general. In this subtitle, the following terms have the meanings indicated.
(b) Commissioner. “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.
(c) Dwelling unit. “Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code.
(d) Multiple-family dwelling. “Multiple-family dwelling” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code.
(e) Non-owner-occupied dwelling unit.
(1) In general. “Non-owner-occupied dwelling unit” means any:
(i) dwelling unit that is unoccupied;
(ii) dwelling unit that, even if occupied, is not occupied by an owner of record; or
(iii) dwelling unit that, even if occupied, is not designated by the State Department of Assessments and Taxation as the owner’s principal residence in accordance with the criteria governing the State Homestead Tax Credit.
(2) Qualifications. For purposes of this definition:
(i) an owner may only have one owner-occupied dwelling unit in Baltimore City; and
(ii) an owner-occupied unit must be titled to a natural person.
(f) Person.
(1) In general.
“Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article.
(2) Qualified inclusion of governmental entities.
Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 4-17 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity.
(g) Rooming house. “Rooming house” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code.
(h) Rooming unit. “Rooming unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code.
(i) Vacant structure.
(1) In general. “Vacant structure” means any structure that is subject to an unabated violation notice issued under § 116 {“Unsafe Structures”} of the Baltimore City Building Code.
(2) Exclusions. “Vacant structure” does not include an accessory structure that is not intended for occupancy, such as a garage, shed, or storage building.

Baltimore City Code, Art. 13, § 4-14. Annual report.
Effective: 5/1/21 – Through: 6/1/23
On or before June 30 of each year, the Commissioner shall submit an annual report to the Mayor and City Council detailing compliance with this subtitle, including:
(1) the number of properties registered under § 4-5 {“Registration required”} of this subtitle; and
(2) the number of signs that the Department of Housing and Community Development has posted on vacant structures as required by § 4-12 {“Vacant structures: Posting ownership information”} of this subtitle.

Baltimore City Code, Art. 13, § 5-1. Definitions.
Effective: 4/8/22 – Through: 6/1/23
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Dwelling unit.
“Dwelling unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(c) Housing Commissioner; Commissioner.
“Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.
(d) Multiple-family dwelling.
“Multiple-family dwelling” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(e) Non-owner-occupied dwelling unit.
“Non-owner-occupied dwelling unit” has the meaning stated in § 4-1 of this article.
(f) Person.
(1) In general. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article.
(2) Qualified inclusion of governmental entities. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 5-21 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity.
(g) Rental dwelling.
“Rental dwelling” means:
(1) any multiple-family dwelling;
(2) any rooming house; and
(3) any non-owner-occupied dwelling unit in a 1- or 2-family dwelling that is leased or rented or offered or available for lease or rental in exchange for any form of consideration.
(h) Rooming house.
“Rooming house” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(i) Rooming unit.
“Rooming unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.

Baltimore City Code, Art. 13, § 5-6. Prerequisites for a new or renewal license – In general.
Effective: 1/3/20 – Through: 6/1/23
A rental dwelling license may be issued or renewed under this subtitle only if:
(1) all dwelling units and rooming units are currently registered as required by Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures”} of this article;
(2) all registration fees for these units and all related interest and late fees required by Subtitle 4 have been paid;
(3) the premises have passed an inspection, as required by § 5-7 {“Prerequisites … – Inspection”} of this subtitle;
(4) the premises are in compliance with all Federal, State, and City laws and regulations governing lead paint;
(5) for premises that include a hotel or motel subject to City Code Article 15 {“Licensing and Regulation”}, Subtitle 10 {“Hotels”}, the hotel or motel is in compliance with the training, certification, and posting requirements of that subtitle; and
(6) the premises are not subject to any violation notice or order that:
(i) has been issued under the Baltimore City Building, Fire, and Related Codes Article; and
(ii) notwithstanding the passage of more than 90 days since its issuance, has not been abated before the license issuance or renewal.

Baltimore City Code, Art. 13, § 504. License required.
Effective: 8/1/18 – Through: 6/1/23
(a) In general.
Except as provided in subsection (b) of this section, no person may:
(1) rent or offer to rent to another all or any part of any rental dwelling without a currently effective license to do so from the Housing Commissioner; or
(2) charge, accept, retain, or seek to collect any rental payment or other compensation for providing to another the occupancy of all or any part of any rental dwelling unless the person was licensed under this subtitle at both the time of offering to provide and the time of providing this occupancy.
(b) Exception.
A license is not required under this subtitle for any rental dwelling that is owned and operated by the Housing Authority of Baltimore City.

Baltimore City Code, Art. 13, § 5-8. License fees.
Effective: 8/1/18 – Through: 6/1/23
No fee is imposed for a rental dwelling license issued under this subtitle.

Baltimore City Code, Art. 13, § 5-7. Prerequisites for a new or renewal license – Inspection.
Effective: 8/1/18 – Through: 6/1/23
(a) In general.

The inspection required by § 5-6 {“Prerequisites … – In general”} of this subtitle must comply with either:
(1) subsection (b) {“Third-party home inspections”} of this section; or
(2) subsection (c) {“Governmental agency inspections”} of this section.
(b) Third-party home inspections.
(1) Definitions.
(i) In general.
In this subsection, the following terms have the meanings indicated.
(ii) Home inspection.
“Home inspection” means a home inspector’s written evaluation of a rental dwelling’s compliance with the City’s health and safety standards specified in the Housing Commissioner’s rules and regulations adopted under this subtitle.
(iii) Home inspector.
“Home inspector” means an individual:
(A) who is licensed as a home inspector under Title 16, Subtitle 3A of the State Business Occupation and Professions Article; and
(B) who, as required by the rules and regulations adopted under this subtitle:
1. has registered with the Housing Commissioner as generally available to inspect and certify rental dwellings under this subsection;
2. has, as specified by the rules and regulations adopted under this subtitle, submitted to the Commissioner a conflict-of-interest statement; and
3. for each home inspection to be performed under this subsection, certifies that neither the home inspector nor any owner, partner, director, officer, employee, or agent of the home inspector or of the home inspector’s business has any financial interest in:
a. the rental dwelling to be inspected;
b. the owner or operator of that rental dwelling; or
c. any owner, partner, director, officer, employee, or agent of the rental dwelling’s owner or operator.
(2) Applicant to contract for timely inspection.
(i) Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant’s expense, contract with a home inspector to perform a home inspection under this section.
(ii) The inspection must be performed as follows:
(A) for a multiple-family dwelling, not more than 90 days before a completed application for a license or renewal license is submitted to the Housing Commissioner; and
(B) for a 1- or 2-family dwelling, not more than 30 days before a completed application for a license or renewal license is submitted to the Housing Commissioner.
(3) Number of units to be inspected.
(i) For any rental dwelling that comprises 9 or fewer dwelling or rooming units, all dwelling and rooming units must be inspected under this subsection.
(ii) For any multiple-family dwelling or rooming house that comprises 10 or more dwelling or rooming units, the number of units that must be inspected are as determined in the rules and regulations adopted under this subtitle.

(4) Inspector’s reports and certification.
(i) After the home inspection, the home inspector must issue to the applicant:
(A) a written report of every inspection conducted under this section; and
(B) if the rental dwelling meets the City’s health and safety standards specified in the rules and regulations adopted under this subtitle, a certificate of satisfactory compliance with those standards.
(ii) The reports and the certification must be:
(A) in the form required by the Commissioner; and
(B) signed by the home inspector, under oath and under the home inspector’s seal.
(c) Governmental agency inspections.
(1) Scope of subsection.
This subsection applies to any rental dwelling unit that is required to undergo periodic inspections conducted by a governmental agency in accordance with Federal or State inspection standards.
(2) Required evidence of compliance with most recent inspection. For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {“Third-party home inspections”} of this section, submit evidence satisfactory to the Housing Commissioner that the unit has passed the most recent periodic inspection by the applicable governmental agency.
(d) Commissioner to audit inspections. As prescribed by the rules and regulations adopted under this subtitle, the Housing Commissioner must conduct an annual audit of inspections conducted under this section.
(e) Commissioner’s inspection authority not affected. This section does not in any way prevent or limit the authority of the Housing Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the City Building, Fire, and Related Codes Article.

Baltimore City Code, Art. 13, § 5-9. Tiered license terms.
Effective: 8/1/18 – Through: 6/1/23
(a) In general.
Unless timely renewed, each rental dwelling license issued under this subtitle expires on the 1st, 2nd, or 3rd anniversary of its issuance, as provided in this section.
(B) Initial license.
A dwelling unit license initially issued under this subtitle to any rental dwelling expires 2 years from the date of its issuance, unless timely renewed.
(c) 1st renewal of initial license.
Subject to compliance with § 5-6 {“Prerequisites for … renewal license – In general”} of this subtitle, the 1st renewal of an initial 2-year license will be for a 3-, 2-, or 1-year renewal term, based on the following risk factors:
(1) 3-Year Term: The renewal license will be for a 3-year term if, during the 24 months immediately preceding submission of a completed renewal application, all violation notices or orders issued during those months under the City Building, Fire, and Related Codes Article have been abated within 60 days of their issuance.
(2) 2-Year Term: The renewal license will be for a 2-year term if, during the 24 months immediately preceding submission of a completed renewal application, all violation notices or orders issued during those months under the City Building, Fire, and Related Codes Article have been abated within 90 days of their issuance.
(3) 1-Year Term: The renewal license will be for a 1-year term if the rental dwelling does not qualify under this subsection for a 2- or 3-year renewal.
(d) Subsequent renewals.
Subject to compliance with § 5-6 {“Prerequisites for … renewal license – In general”} of this subtitle, all subsequent renewal terms will be based on the following risk factors:
(1) 3-Year Term: The renewal license will be for a 3-year term if, during the 36 months immediately preceding submission of a completed renewal application, all violation notices or orders issued during those months under the City Building, Fire, and Related Codes Article have been abated within 60 days of their issuance.
(2) 2-Year Term: The renewal license will be for a 2-year term if, during the 24 months immediately preceding submission of a completed renewal application, all violation notices or orders issued during those months under the City Building, Fire, and Related Codes Article have been abated within 90 days of their issuance.
(3) 1-Year Term: The renewal license will be for a 1-year term if the rental dwelling does not qualify under this subsection for a 2- or 3-year renewal.
BALTIMORE CITY RENTAL LICENSE INSPECTION FORM RENTAL LICENSING INSPECTOR GUIDANCE
Effective: 1/31/19 – Through: 6/1/23
A. Railing is present for interior and exterior steps with more than 3 risers.
The Rental Licensing Inspector should ensure that a railing is present when there are 4 or more steps, or greater than 33 inches off the ground. Railing should be securely attached.
C. Electrical live wires are not visible in living areas.
The Rental Licensing Inspector should ensure that wires that should be concealed behind the walls are not visible. Electrical wires in this case do not refer to devices such as power strips, extension cords, etc.
D.1 Electrical outlets are protected by cover plates.
The Rental Licensing Inspector should inspect all accessible outlets.
NEC 406.4 (B) and NEC 406.4 (D)(2)(a) All grounded type Receptacles (i.e. three-pronged outlets) must be grounded. Non-grounding-Type Receptacles (i.e. two-pronged outlets) are allowed to be ungrounded as long as no equipment grounding conductor exist in receptacle enclosure.
NEC 406.4(D)(2)(b) “A non-grounding-type receptacle shall be permitted to be replaced with a GFI type of receptacle. These receptacles shall be marked “No Equipment Ground”. An equipment grounding conductor shall not be connected from the GFI receptacle to any outlet supplied from the GFI receptacle.”
E. Smoke Detectors are properly installed and operational.
The 2015 International Fire Code (IFC), requirements are dependent upon the year that the building was constructed or rehabilitated. Please see the table below for a summary.
For additional information on the Maryland Smoke Alarm Law, visit: https://fire.baltimorecity.gov/maryland-new-smoke-alarm-law
[…]
F. Carbon Monoxide Alarms are properly installed and operational.
Carbon Monoxide Alarms are required in properties with fossil fuel-burning equipment/ appliances, fireplaces, wood stoves, or attached garages.
When required, they should be installed:
– Outside of each separate dwelling unit’s sleeping area in the immediate vicinity of the sleeping rooms.
– On every occupiable level of a dwelling unit, including basements and excluding attics and crawl spaces.
G.2 Plumbing fixtures do not leak.
All plumbing fixtures must be operational. Tubs and sinks must be able to drain.
I.1 Windows, which are designed to do so, should open and close and have a working locking mechanism.
This includes all windows, including storm windows, wooden windows, etc. Rental Licensing Inspectors should check to see that the windows function, are in sound condition and are in good repair. Windows that are used for ventilation must be able to open and close with working locking mechanism.
For rooms/areas with windows that are not designed to open and close, there must be a source of mechanical ventilation present and operational.
L. The property has an operable heat supply system.
The Rental Licensing Inspector must turn on and off the heating system to ensure that the system is operational.
[…]
M. The interior of the property is clean and sanitary.
A property may pass inspection if there are interior sanitation violations that are solely the responsibility of the tenant to abate, unless the conditions create an imminent threat to life.
Partial responsibility for the condition of the interior of a dwelling unit, related to its cleanliness, may belong to the tenant. If the Rental Licensing Inspector finds that the dwelling conditions create an imminent threat to the life of the unit’s residents (or neighbors), but that the tenant is responsible, they should mark it as Refer which will result in a Housing Code Enforcement Officer following up on the report.
N. The exterior is free of rodent burrows.
Burrows of various animals may be difficult to distinguish. If the Rental Licensing Inspector observes signs of possible rodent burrows, that do not also show signs of being treated, they should mark it as Refer which will result in a Housing Code Enforcement Officer following up on the report.
[…]

Md. Code, Real Prop. § 8-901 Definitions
Effective: 10/1/21 – Through: 6/1/23
(a) In this subtitle the following words have the meanings indicated.

(b) “Community group” means a nonprofit entity with the capacity to conduct tenant outreach and provide engagement, education, and information.

(c) “Covered individual” means an individual who:

(1) Occupies a residential property under a claim of legal right other than owner, including a tenant in a building owned, operated, or managed by a public housing authority; and

(2) Is a member of a household with an income that is not greater than 50% of the median income, adjusted for household size, in the State as determined by the United States Department of Health and Human Services or its successor.

(d) “Designated organization” means a nonprofit entity designated by MLSC with the ability to provide legal representation to covered individuals.

(e) “Fund” means the Access to Counsel in Evictions Special Fund.

(f) “Legal representation” includes all representation by an attorney beyond brief legal advice and is not limited to the formal entry of appearance in court.

(g) “MLSC” means the Maryland Legal Services Corporation.

(h) “Program” means the Access to Counsel in Evictions Program.

Md. Code, Real Prop. § 8-903 Access to Counsel in Evictions Program
Effective: 7/1/22 – Through: 6/1/23
Establishment

(a) There is an Access to Counsel in Evictions Program administered by MLSC.

Purpose

(b) The purpose of the Program is to organize and direct services and resources in order to provide all covered individuals in the State with access to legal representation as required under this subtitle.

Md. Code, Real Prop. § 8-906 Contracts to conduct outreach and provide education
Effective: 10/1/21 – Through: 6/1/23
MLSC shall designate and contract with appropriate community groups to conduct outreach and provide education to tenants locally and throughout the State regarding tenants’ rights and the access to legal representation under this subtitle.

Md. Code, Real Prop. § 8-902 Access to legal representation
Effective: 10/1/21 – Through: 6/1/23
A covered individual shall have access to legal representation as provided under this subtitle.

Md. Code, Real Prop. § 8-907 Reports
Effective: 10/1/21 – Through: 5/31/23
On or before August 31 of each year, MLSC shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly:

(1) The number of covered individuals provided legal representation during the previous calendar year;

(2) Information on and metrics evaluating case outcomes; and

(3) A summary of the engagement and education tenants.

Md. Code, Real Prop. § 8-904 Provision of access to legal representation
Effective: 10/1/21 – Through: 6/1/23
(a) Under the Program, MLSC shall provide for access to legal representation by a covered individual for a judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual, including the first appeal of a decision in the proceeding if the designated organization determines that there are sufficient legal grounds for the appeal.

(b) (1) Under the Program, a designated organization shall ensure that a covered individual receives access to legal representation by an attorney in a proceeding as required under this subtitle as soon as possible after:

(i) A landlord provides notice to terminate a tenancy;

(ii) The initiation of an eviction proceeding; or

(iii) The determination by a designated organization that a proceeding related to a constructive eviction on behalf of a covered individual should be initiated.

(2) If feasible, legal representation required under this subsection should begin no later than the time of the covered individual’s first appearance in a proceeding.

(c) MLSC may contract with a designated organization to provide all or part of the services required under this section.

Md. Code, Real Prop. § 8-909 Access to Counsel in Evictions Special Fund
Effective: 7/1/22 – Through: 4/10/23
(a) There is an Access to Counsel in Evictions Special Fund.

(b) The purpose of the Fund is to provide funding to fully implement access to legal representation in evictions and other related proceedings in the State.

(c) MLSC shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) Money received by the Division of Consumer Protection in the Office of the Attorney General from any final settlement or agreement with or judgment against a party relating to an investigation or enforcement of the Maryland Consumer Protection Act for an unfair, abusive, or deceptive trade practice for rental residential property, excluding any restitution and the costs of the action the Attorney General is entitled to recover;

(2) Money appropriated in the State budget to the Fund;

(3) Money distributed to the Fund under § 17–317 of the Commercial Law Article;

(4) Interest earnings of the Fund; and

(5) Any other money from any other source accepted for the benefit of the Fund.

(f) The Fund may be used only for:

(1) Services provided by a designated organization or activity by a community group to implement the Program as provided in this subtitle, including all costs associated with required legal representation in any proceeding and any outreach and education activities;

(2) If a local jurisdiction enacts a program authorized under this subtitle, services provided by the local jurisdiction to implement access to counsel in eviction proceedings as provided for in this subtitle, including all costs associated with required legal representation in any proceeding and any outreach and education activities;

(3) Administrative expenses of MLSC; and

(4) Expenses related to the study and evaluation of:

(i) Services and activities provided under this subtitle; and

(ii) Funding amounts and sources necessary to fully effectuate access to counsel in eviction proceedings.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $14,000,000 from the Fund to MLSC.

(i) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for civil legal services from any other source.

Md. Code, Real Prop. § 8-908 Access to Counsel in Evictions Task Force
Effective: 10/1/21 – Through: 6/1/23
(a) There is an Access to Counsel in Evictions Task Force.

(b) (1) The Task Force consists of up to 15 members appointed by the Office of the Attorney General and shall include:

(i) At least two representatives of the Maryland State Bar Association;

(ii) At least two representatives of tenant advocacy groups or designated organizations;

(iii) At least two representatives of the Judiciary;

(iv) At least two representatives of community groups;

(v) At least two representatives of landlords;

(vi) Representatives of MLSC; and

(vii) Tenants and other interested citizens.

(2) At least three members of the Task Force must be tenants whose income does not exceed 50% of the State median income adjusted for household size.

(c) The Attorney General shall designate the chair of the Task Force.

(d) The Office of the Attorney General shall provide staff for the Task Force.

(e) A member of the Task Force:

(1) May not receive compensation as a member of the Task Force; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(f) The Task Force shall:

(1) Evaluate the provision of services under this subtitle, including the performance of designated organizations and community groups;

(2) Study potential funding sources; and

(3) Make recommendations to improve the implementation of this subtitle, including necessary policy and statutory changes.

(g) On or before January 1, 2022, and each January 1 thereafter, the Task Force shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(h) The Task Force may apply for grants from public and private entities to carry out the duties of the Task Force.

Md. Code, Real Prop. § 8-905 Informational pamphlet
Effective: 10/1/21 – Through: 6/1/23
(a) MLSC shall develop an informational pamphlet in both English and other languages MLSC determines appropriate:

(1) Describing the legal rights of tenants and the access to counsel established under this subtitle; and

(2) Providing information on resources available to tenants.

(b) A sheriff or constable shall provide a copy of the pamphlet described under subsection (a) of this section in addition to the process served on a tenant, an assignee, or a subtenant in accordance with the following provisions of this article:

(1) An eviction proceeding for a failure to pay rent under § 8–401;

(2) An eviction proceeding for a tenant holding over under § 8–402; and

(3) An eviction proceeding for a breach of lease under § 8-402.1.

Md. Code, Real Prop. § 8-910 Phase-in period
Effective: 10/1/21 – Through: 6/1/23
(a) Legal representation as required under this subtitle shall be phased in over time in a manner that MLSC determines appropriate with the goal of full implementation before October 1, 2025.

(b) Priority in funding during the phase–in period will be given to tenants in a local jurisdiction that provides or agrees to provide significant additional local funding to effectuate access to counsel in eviction proceedings in the local jurisdiction.

(c) Access to legal representation under this subtitle is subject to the availability of funding.

Md. Code, Real Prop. § 8-911 Local laws
Effective: 10/1/21 – Through: 6/1/23
(a) A local jurisdiction may enact a local law providing for legal representation in eviction proceedings filed in the local jurisdiction.

(b) If a local jurisdiction enacts a local law under subsection (a) of this section providing for legal representation in eviction proceedings substantially similar to that described in this subtitle, MLSC shall direct funding that would have been allocated under this subtitle for the benefit of that local jurisdiction’s tenants to the local program.

Baltimore City Code, Art. 13, § 6A-2 Rules and regulations
Effective: 4/1/21 – Through: 6/1/23
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner, with the advice and consultation of the Commission, shall adopt rules and regulations to carry out this subtitle, including providing tenant education regarding their rights under this subtitle.

Baltimore City Code, Art. 13, § 6A-1 Definitions
Effective: 1/1/22 – Through: 6/1/23
(a) In general. In this subtitle, the following terms have the meanings specified.

(b) Commission.

“Commission” means the Baltimore City Affordable Housing Trust Fund Commission established by Article I, § 14 of the City Charter.

(c) Commissioner

. “Commissioner” means Commissioner of the Department of Housing and Community Development or the Commissioner’s designee.

(d) Covered individual.

(1) In general.

“Covered individual” means any individual who occupies a dwelling within the City of Baltimore under a claim of legal right other than the owner.

(2) Inclusion. “Covered individual” includes any tenant in a building owned, operated, or managed by the Housing Authority of Baltimore City.

(e) Covered proceeding.

(1) In general.

“Covered proceeding” means:

(i) any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual;

(ii) any proceeding that is the functional equivalent of a proceeding described in item (i) of this paragraph; or

(iii) any first appeal of a proceeding described in item (i) or (ii) of this paragraph.

(2) Inclusions.

“Covered proceeding” includes any judicial or administrative proceeding to remedy a violation of:

(i) City Public Local Laws § 9-9 {“Rent Escrow Law: In general”};

(ii) City Public Local Laws § 9-9A {“Rent Escrow Law: Landlord’s noncompliance with lease”};

(iii) City Public Local Laws § 9-10 {“Rent Escrow Law: Retaliatory actions”};

(iv) State Real Property Article § 8-208.1 {“Retaliatory actions due to reporting violations or complaints prohibited”}; or

(v) State Real Property Article § 8-216 {“Restrictions relating to taking or threatening to take possession of dwelling unit”}.

(f) Designated organization.

“Designated organization” means any not-for-profit organization or association that is designated by the Commissioner under this subtitle and engaged pursuant to Article VI, § 11 of the City Charter regarding procurement that:

(1) has the capacity to provide legal representation to covered individuals facing eviction; and

(2) agrees to adhere to the standards of practice established in rules and regulations adopted under this subtitle.

(g) Designated community group.

“Designated community group” means a not-for-profit community organization or association designated by the Commissioner that has the capacity to conduct tenant outreach, engagement, education, and information regarding this subtitle.

(h) {Repealed}

(i) Legal representation.

(1) In general.

“Legal representation” means ongoing legal representation provided by a designated organization to a covered individual and all legal advice, advocacy, and assistance associated with that representation.

(2) Inclusions.

“Legal representation” includes the filing of a notice of appearance on behalf of the covered individual in a covered proceeding.

Baltimore City Code, Art. 13, § 6A-4 Additional Commission member
Effective: 4/1/21 – Through: 6/1/23
(a) In general.

In addition to those Commission members specified in Article I, § 14(d)(2) of the City Charter, the Mayor shall appoint an additional Commissioner in accordance with Article IV, § 6 of the City Charter.

(b) Qualifications.

(1) “Extremely low-income household” defined. In this subsection, “extremely-low income household” means a household whose aggregate gross income does not exceed 30% of the area median income, as adjusted for the size of the household.

(2) In general.

The Commission member appointed under this section shall be:

(1) a tenant residing in Baltimore City; and

(2) a member of an extremely low-income household

Baltimore City Code, Art. 13, § 6A-3 Right to counsel in eviction-related proceedings
Effective: 4/1/21 – Through: 6/1/23
(a) In general.

(1) Subject to provisions of this subtitle, including any rules and regulations, and with the advice and consultation of the Commission, the Commissioner shall ensure that all covered individuals are offered legal representation from a designated organization in a covered proceeding as soon as practicable after the initiation of that proceeding, but no later than at the time of the covered individual’s first scheduled appearance in a covered proceeding if possible.

(2) The Commissioner shall seek to prioritize the provision of legal representation based on median income with covered individuals having the lowest median income receiving the highest priority.

(b) Limitation.

Covered individuals shall receive legal representation unless circumstances specific to the individual or case, such as a conflict with the Maryland Attorneys’ Rules of Professional Conduct, make legal representation infeasible to render.

(c) Engagement and education.

Subject to Article VI, § 11 of the City Charter regarding procurement, in addition to overseeing the administration of this subtitle, the Commissioner, with the advice and consultation of the Commission, may engage designated community groups to engage and educate tenants about their rights, through activities such as:

(1) hosting know-your-rights trainings and other workshops for tenants;

(2) distributing written information to tenants;

(3) assisting tenants to form and maintain tenant associations;

(4) referring tenants to designated community groups; and

(5) engaging in any other activity designed to engage, educate, or inform tenants about their rights.

(d) Availability of funds.

Legal representation under this section is subject to the appropriation of funds in accordance with the City Charter.

Baltimore City Code, Art. 13, § 6A-5 Annual report
Effective: 4/1/21 – Through: 6/1/23
(a) In general.

No later than November 1 of each year, the Commissioner, with the advice and consultation of the Commission, shall submit a report to the Mayor and City Council, which shall include information from the prior fiscal year regarding:

(1) the number of covered individuals served;

(2) the extent of legal representation performed;

(3) metrics on evaluating outcomes; and

(4) the engagement and education of tenants.

(b) Posting.

The Commissioner shall prominently post the report required by this section on the City’s website.

(c) Hearing.

No later than December 1 of each year, the City Council or an appropriate committee of the City Council shall conduct a hearing on the report required by this section.

Md. Code, Health-General § 24-502. Intent of General Assembly
Effective: 10/1/07 – Through: 12/31/22
It is the intent of the General Assembly that the State protect the public and employees from involuntary exposure to environmental tobacco smoke in indoor areas open to the public, indoor places of employment, and certain designated private areas.

Md. Code, Health-General § 24-504. Indoor places where smoking prohibited
Effective: 10/1/14 – Through: 12/31/22
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a person may not smoke in:

(1) An indoor area open to the public;

(2) An indoor place in which meetings are open to the public in accordance with Title 3 of the General Provisions Article;

(3) A government–owned or government–operated means of mass transportation including buses, vans, trains, taxicabs, and limousines; or

(4) An indoor place of employment.

Md. Code, Health-General § 24-501. Definitions
Effective: 7/1/16 – Through: 12/31/22
(a) In this subtitle the following words have the meanings indicated.

(b) “Employee” has the meaning stated in § 5–101 of the Labor and Employment Article.

(c) “Employer” has the meaning stated in § 5–101 of the Labor and Employment Article.

(d) “Environmental tobacco smoke” means the complex mixture formed from the escaping smoke of a burning tobacco product or smoke exhaled by the smoker.

(e) “Indoor area open to the public” means:

(1) An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or

(2) An indoor area of any establishment licensed or permitted under the Alcoholic Beverages Article for the sale or possession of alcoholic beverages.

(f) “Place of employment” has the meaning stated in § 5–101 of the Labor and Employment Article.

Md. Code, Labor and Employment § 5-101. Definitions
Effective: 10/1/20 – Through: 6/1/23
(a) In this title the following words have the meanings indicated.

(b) “Commissioner” means the Commissioner of Labor and Industry.

(c) (1) “Employee” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer.

(2) “Employee” includes:

(i) an individual whom a governmental unit employs;

(ii) an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City;

(iii) an individual who is employed for part–time or temporary help by a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and

(iv) an individual who performs work for a governmental unit or person to whom the individual is provided by another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help.

(d) (1) “Employer” means:

(i) except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or

(ii) a public body.

(2) “Employer” includes:

(i) a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public;

(ii) a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and

(iii) a governmental unit or person who contracts directly with another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person.

(e) “Occupational safety and health standard” means a regulation that requires:

(1) a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or

(2) the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.

(f) “Person” includes a successor.

(g) “Place of employment” means a place in or about which an employee is allowed to work.

(h) “Public body” means:

(1) a governmental unit;

(2) a public or quasi–public corporation of the State;

(3) a school district in the State or any unit of the district; or

Md. Code, Health-General § 24-205. Smoking in healthcare facilities
Effective: 4/14/15 – Through: 6/1/23
(a) In this section, “smoking” means the act of smoking or carrying a burning:

(1) Cigar;

(2) Cigarette;

(3) Pipe; or

(4) Other tobacco product of any kind.

(b) Every director of a nursing home, health clinic, or physician’s office shall make and carry out a plan that adequately protects the health of nonsmoking patients by regulating the smoking of tobacco products on the premises.

(c) (1) An individual may not smoke in any area of a hospital.

(2) The hospital director shall provide for the posting and placement of conspicuous signs that clearly indicate that smoking is not permitted in the hospital.

(d) (1) Notwithstanding the provisions of § 24–504 of this title, this section does not apply to patients who are:

(i) In a facility for the treatment of mental disorders as defined in § 10–101(g) of this article;

(ii) In a facility where the average patient stay is more than 30 days; or

(iii) In an acute care hospital and the attending physician authorizes smoking, in writing, as part of the care for the patient.

(2) Smoking permitted under this section shall be in designated areas that are considered safe and provide nonsmoking patients, family members, and employees protection from tobacco smoke.

Md. Code, Health-General § 24-505. Indoor places where smoking allowed
Effective: 4/10/12 – Through: 12/31/22
This subtitle does not apply to:

(1) Private homes, residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, unless being used for the public transportation of children, or as part of health care or child care transportation;

(2) A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25%;

(3) A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which:

(i) The primary activity is the retail sale of tobacco products and accessories; and

(ii) The sale of other products is incidental;

(4) Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or

(5) A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke.

Md. Code, Health-General § 24-510. County or municipal government allowed more stringent measures
Effective: 10/1/07 – Through: 12/31/22
Nothing in this subtitle shall be construed to preempt a county or municipal government from enacting and enforcing more stringent measures to reduce involuntary exposure to environmental tobacco smoke.

Baltimore, MD, § 12-105. Where smoking prohibited.
Effective: 7/1/06 – Through: 6/1/23
Except as otherwise specified in this subtitle, smoking is prohibited in:

(1) any enclosed area to or in which the public is invited or permitted; or

(2) any enclosed area that is part of a place of employment.

Baltimore, MD, § 12-106. Exceptions – General
Effective: 7/1/06 – Through: 6/1/23
This subtitle does not apply to the following:

(1) any part of a private residence that is not open to the public for business purposes, except as required by COMAR 13A.14.01.

(2) a private vehicle.

(3) a sleeping room in a hotel or motel, as long as that hotel or motel maintains at least 75% of all its sleeping rooms as smoke-free.

(4) smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances.

(5) smoking as an integral part of a religious ceremony.

(6) smoking at an analytical or educational laboratory as an integral part of scientific research into the health effects of smoke.

(7) smoking that is permitted in a hospital, nursing home, or other health care facility under State Health-General Article, § 24-205.

Baltimore, MD, § 12-102. Scope.
Effective: 7/1/06 – Through: 6/1/23
Nothing in this subtitle precludes an employer or other person in charge from prohibiting smoking in open or enclosed areas not covered by this subtitle.

Baltimore, MD, § 12-101. Definitions.
Effective: 5/1/14 – Through: 6/1/23
(a) In general. In this subtitle, the following terms have the meanings indicated.

(b) Electronic smoking device.

(1) In general. “Electronic smoking device” means an electronic or battery-operated device that delivers vapors for inhalation, whether manufactured , distributed, marketed, or sold:

(i) as an electronic cigarette, electronic cigar, or electronic pipe; or

(ii) by any other product name or descriptor.

(2) Exclusions. “Electronic smoking device” does not include an asthma inhaler or similar product that:

(i) contains no tobacco nor any nicotine; and

(ii) has been specifically approved by the U.S. Food and Drug Administration for use in mitigating, treating, or preventing disease.

(c) Enclosed area.

(1) “Enclosed area” means an area that is bounded on all sides by walls that extend, with or without doors, windows, vents, or like openings, from floor to ceiling.

(2) “Enclosed area” includes the interior of a vehicle.

(d) Person in charge. “Person in charge” means the person who owns, operates, or manages a place subject to this subtitle.

(e) Smoke.

“Smoke” means to:

(1) inhale, burn, or carry any lighted cigarette, cigar, or pipe tobacco, or any other tobacco, weed, or plant product of any kind; or.

(2) to inhale vapors from or otherwise allow vapors to be emitted from an electronic smoking device.

Baltimore, MD, § 12-107. Exceptions – Private clubs, smoking bars, tobacconists
Effective: 7/1/06 – Through: 6/1/23
(a) In general. This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section.

(b) Retail tobacco establishments. A retail tobacco establishment qualifies under this section only if it:

(1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products;

(2) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and

(3) prohibits the entry of minors at all times.

(c) Hookah lounges.

(1) “Hookah lounge” defined. In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances.

(2) Qualifications. A hookah lounge qualifies under this section only if it:

(i) meets the criteria listed in State law;

(ii) derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories;

(iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and

(iv) prohibits the presence of minors at all times.

Baltimore, MD, § 12-107.3. Exceptions – Electronic smoking devices in video lottery facility.
Effective: 5/1/14 – Through: 6/1/23
This subtitle does not apply to the use of electronic smoking devices in a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A.

Baltimore, MD, § 12-801. Definitions.
Effective: 5/1/14 – Through: 6/1/23
(a) In general. In this subtitle, the following terms have the meanings indicated.

(b) Athletic facility.

(1) In general. “Athletic facility” means any outdoor facility clearly intended for playing sports.

(2) Illustrations. “Athletic facility” includes any:

(i) baseball diamond;

(ii) soccer, lacrosse, or football field;

(iii) basketball court;

(iv) racing track;

(v) skating rink; or

(vi) field hockey pitch.

(c) Playground. “Playground” means an outdoor area set aside for recreation and play, including an area containing equipment such as seesaws, swings, slides, merry-go-rounds, jungle gyms, monkey bars, overhead ladders, trapeze rings, playhouses, sandboxes, mazes, or similar play structures of any kind.

(d) Public swimming pool. “Public swimming pool” has the meaning stated in § 11-301(c) {“Definitions: Public swimming pool”} of this article.

(e) Schoolyard. “Schoolyard” means outdoor school property intended to be used for recreation and play.

(f) Smoke. “Smoke” has the meaning stated in § 12-101 {“Definitions”} of this title.

Baltimore, MD, § 12-803 Where Smoking prohibited
Effective: 10/30/14 – Through: 6/1/23
Except as otherwise specified in this subtitle, smoking is prohibited in or within 50 feet of any:

(1) playground;

(2) schoolyard;

(3) athletic facility; or

(4) public swimming pool.

Baltimore, MD, § 12-107.2. Exceptions – Electronic smoking devices in certain restaurants and taverns.
Effective: 5/1/14 – Through: 6/1/23
(a) Definitions.

(1) In general. In this section, the following terms have the meanings indicated.

(2) Restaurant. “Restaurant” means a business establishment that:

(i) is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and

(ii) might or might not also serve alcoholic beverages.

(3) Tavern. “Tavern” means a business establishment that:

(i) is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and (ii) might or might not also serve food.

(b) In general. This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be.

(c) Method and tenor of notification.

(1) The notification required by this section must be provided both:

(i) by a prominently posted notice, at least 17″ x 22″, that is clearly readable by all patrons on entry to the establishment; and

(ii) by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons.

(2) The tenor of the notices must be substantially as follows: “This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}.”