3420
LAWS OF MARYLAND
[Ch. 801
THE DISPLACEMENT OCCURRED COMPUTED FOR THE TERM OF THE
LEASE OF THE REPLACEMENT FACILITY INCLUDING ANY RENEWALS
THEREOF NOT TO EXCEED A FIVE YEAR PERIOD. PAYMENTS SHALL
BE MADE ANNUALLY CONDITIONED UPON THE DISPLACEE
CONTINUING AS LESSEE. A TENANCY AT WILL WITHOUT THE
EXECUTION OF ANY WRITTEN LEASE WILL BE CALCULATED AS A
ONE YEAR LEASE.
(2) IN THE EVENT THE DISPLACEE RENTS THE
BUSINESS FACILITY FROM WHICH HE IS DISPLACED, HE SHALL BE
ENTITLED TO A PAYMENT CALCULATED AS FOLLOWS:
(A) SUCH DISPLACEES WHO DECIDE TO
PURCHASE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY -
AN AMOUNT EQUAL TO 5 TIMES 50% OF THE EXCESS OF EITHER
THE ANNUAL CALCULATED BASE RENTAL FOR THE NEW BUSINESS
FACILITY OR IN THE EVENT THE REPLACEMENT FACILITY IS NOT
COMPARABLE TO THE FACILITY FROM WHICH THE BUSINESS WAS
DISPLACED, THE CURRENT ANNUAL CALCULATED BASE RENTAL FOR
A COMPARABLE BUSINESS FACILITY, WHICHEVER IS THE LESSER,
OVER THE ANNUAL BASE RENTAL FOR THE PROPERTY FROM WHICH
DISPLACEMENT OCCURRED.
(B) SUCH DISPLACEES WHO DECIDE TO RENT
A REPLACEMENT FACILITY - AN AMOUNT EQUAL TO 50% OF THE
EXCESS OF THE ANNUAL BASE RENTAL FOR THE NEW BUSINESS
FACILITY OR IN THE EVENT THE NEW FACILITY IS NOT
COMPARABLE TO THE FACILITY FROM WHICH THE BUSINESS WAS
DISPLACED, THE CURRENT ANNUAL BASE RENTAL FOR A
COMPARABLE BUSINESS FACILITY, WHICHEVER IS THE LESSER,
OVER THE BASE RENTAL FOR THE PROPERTY FROM WHICH THE
DISPLACEMENT OCCURRED CALCULATED ON THE TERM OF THE LEASE
FOR THE REPLACEMENT FACILITY OR ANY RENEWALS THEREOF NOT
TO EXCEED A FIVE YEAR PERIOD. A TENANCY AT WILL WITHOUT
THE EXECUTION OF ANY WRITTEN LEASE WILL BE CALCULATED AS
A ONE YEAR LEASE.
C. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE
SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
IMPLEMENT THE PROVISIONS OF THE FOREGOING SECTION,
PROVIDED THAT SUCH REGULATIONS ARE FIRST APPROVED BY THE
BOARD OF ESTIMATES OF BALTIMORE CITY.
D. NO PAYMENT RECEIVED UNDER THIS SECTION IS TO
BE CONSIDERED AS INCOME FOR THE PURPOSES OF THE INCOME
TAX PROVISIONS OF ARTICLE 81 OR FOR THE PURPOSE OF
DETERMINING THE ELIGIBILITY OR EXTENT OF ELIGIBILITY OF
ANY PERSON FOR ASSISTANCE UNDER ANY OTHER STATE LAW.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1975.
Approved May 15, 1975.
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