5427
MONTGOMERY COUNTY

bonds, and entering into other monetary obligations; and
to provide for other natters generally relating thereto,

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that

Sec. 1. A new Article IV, title "Housing
Opportunity Act," be and it is hereby added to Chapter
56, title "Urban Renewal and Community Development," of
the Montgomery County Code 1972, to follow immediately
after Article III thereof, and to read as follows:

ARTICLE IV

HOUSING OPPORTUNITY ACT

56-21. FINDINGS AND DECLARATION OF PUBLIC PURPOSE.

IT IS HEREBY FOUND AND DECLARED THAT THERE EXISTS
WITHIN MONTGOMERY COUNTY A CRITICAL SHORTAGE OF DECENT,
SAFE AND SANITARY DWELLING ACCOMMODATIONS AVAILABLE
EITHER TO RENT OR PURCHASE WHICH PERSONS OF ELIGIBLE
INCOME CAN AFFORD AND THAT, AS A RESULT, SUCH PERSONS ARE
FORCED TO OCCUPY OVERCROWDED AND CONGESTED DWELLING
ACCOMMODATIONS, OR ARE REQUIRED TO PAY AN INORDINATE
SHARE OF THEIR INCOME FOR SHELTER; THAT THE AFORESAID
CONDITIONS NECESSITATE EXCESSIVE AND DISPROPORTIONATE
EXPENDITURES OF PUBLIC FUNDS FOR PUBLIC HEALTH AND
SAFETY, FIRE AND ACCIDENT PROTECTION, AND OTHER PUBLIC
SERVICES AND FACILITIES; THAT THE SHORTAGE OF DECENT,
SAFE AND SANITARY DWELLINGS CANNOT WHOLLY BE RELIEVED
THROUGH THE OPERATION OF PRIVATE ENTERPRISE; AND THAT THE
CONSTRUCTION OF OPPORTUNITY HOUSING FOR PERSONS OF
ELIGIBLE INCOME, AND/OR THE EXPENDITURE OF PUBLIC FUNDS
TO ASSIST IN SECURING THE PRODUCTION OF SUCH OPPORTUNITY
HOUSING ARE, THEREFORE, NOT COMPETITIVE WITH PRIVATE
ENTERPRISE; AND THAT THE NECESSITY FOR SUCH CONSTRUCTION
AND THE EXPENDITURE OF PUBLIC FUNDS IN THE PUBLIC
INTEREST, FOR THE PROVISIONS HEREINAFTER ENACTED, ARE
HEREBY DECLARED AS A MATTER OF LEGISLATIVE DETERMINATION
TO BE VALID PUBLIC PURPOSES.

56-22. DEFINITIONS.

THE FOLLOWING TERMS, WHEREVER USED OR REFERRED TO IN
THIS ARTICLE, SHALL HAVE THE FOLLOWING RESPECTIVE
MEANINGS, UNLESS A DIFFERENT MEANING IS CLEARLY INTENDED
BY THE CONTEXT:

(A) "PERSONS OF ELIGIBLE INCOME" SHALL MEAN
PERSONS WHO INDIVIDUALLY OR AS PART OF A FAMILY UNIT LACK
SUFFICIENT INCOME OR ASSETS (AS DETERMINED BY THE COUNTY
EXECUTIVE OR HIS DESIGNEE) TO ENABLE THEM, WITHOUT