HARRY HUGHES, Governor
1495
(VI) ANY TRANSFER MADE TO ANY MUNICIPAL, COUNTY
OR STATE GOVERNMENT OR TO ANY AGENCIES, INSTRUMENTALITIES OR
POLITICAL SUBDIVISIONS THEREOF;
(VII) ANY TRANSFER TO A SPOUSE, SON OR DAUGHTER;
OR
(VIII) ANY TRANSFER BETWEEN PARTNERS IN A
PARTNERSHIP.
11-139.
(A) IN THIS SECTION, "LOCAL GOVERNMENT" MEANS A
COUNTY, BALTIMORE CITY, OR ANY INCORPORATED MUNICIPALITY, OR
A HOUSING AGENCY DESIGNATED BY THE LOCAL GOVERNMENT.
(B) A LOCAL GOVERNMENT MAY PROVIDE, BY LOCAL LAW OR
ORDINANCE, A RIGHT OF FIRST REFUSAL FOR THE LOCAL GOVERNMENT
TO PURCHASE UNITS IN A CONDOMINIUM REGIME WHERE THE FACILITY
SUBJECTED TO THE CONDOMINIUM REGIME WAS FORMERLY A RENTAL
FACILITY.
(C) A LOCAL LAW OR ORDINANCE ADOPTED UNDER SUBSECTION
(B) OF THIS SECTION SHALL PROVIDE THAT:
(1) THE RIGHT OF FIRST REFUSAL OF THE LOCAL
GOVERNMENT SHALL BE SUBJECT TO THE RIGHT OF A TENANT THEN IN
POSSESSION OF THE UNIT TO EXERCISE THE TENANT'S RIGHT OF
FIRST REFUSAL AS PROVIDED FOR UNDER § 11-136 OF THIS TITLE;
(2) THE UNITS WHICH THE LOCAL GOVERNMENT MAY
PURCHASE SHALL INCLUDE ANY UNIT TAKEN UNDER AN EXTENDED
LEASE BY A DESIGNATED FAMILY UNDER § 11-137 OF THIS TITLE,
AND ANY UNIT NOT TAKEN UNDER AN EXTENDED LEASE BY A
DESIGNATED FAMILY, UP TO A TOTAL OF 20 PERCENT OF THE UNITS
IN THE CONDOMINIUM. IF THE LOCAL GOVERNMENT DOES NOT
PURCHASE A UNIT OR UNITS TAKEN UNDER AN EXTENDED LEASE, THE
NUMBER OF UNITS WITHIN THE 20 PERCENT WHICH THE LOCAL
GOVERNMENT MAY PURCHASE SHALL BE DIMINISHED BY THE NUMBER OF
EXTENDED LEASE UNITS NOT PURCHASED BY THE LOCAL GOVERNMENT;
(3) IN EXERCISING THE RIGHT OF FIRST REFUSAL AS
TO A UNIT WHICH IS NOT TAKEN BY THE TENANT THEN IN
POSSESSION, THE LOCAL GOVERNMENT SHALL ENTER INTO A BINDING
CONTRACT OF SALE WITH THE OWNER, LANDLORD, OR DEVELOPER
WITHIN 60 DAYS FOLLOWING THE DATE BY WHICH THE TENANT THEN
IN POSSESSION IS REQUIRED TO NOTIFY THE DEVELOPER UNDER §
11-136(A)(3) OF THIS TITLE; AND
(4) THE PURCHASE PRICE, TERMS AND CONDITIONS OF
THE CONTRACT OF SALE OF A UNIT TO A LOCAL GOVERNMENT SHALL
BE NO LESS FAVORABLE THAN THE PURCHASE PRICE, TERMS AND
CONDITIONS OF COMPARABLE UNITS OFFERED TO TENANTS UNDER §
11-136 OF THIS TITLE, UNLESS OTHERWISE AGREED TO BY ALL
PARTIES.
|