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2006 LAWS OF MARYLAND
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Ch. 63
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TITLE 23. SHORT TITLE.
23-101. SHORT TITLE.
THIS DIVISION II IS THE HOUSING AUTHORITIES LAW.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 1-101.
GENERAL REVISOR'S NOTE TO DIVISION II
This revision contains the second of two divisions ("Division II") that constitute
the Housing and Community Development Article. Division II contains the revision of
local housing authorities. Division I of the article, enacted in 2005, revised the laws
governing the housing, community, and heritage programs of the Department of
Housing and Community Development.
The Department of Legislative Services is charged with revising the law in a
clear, concise, and organized manner, without changing the effect of the law. One
precept of code revision has been that, once something is said, it should be said in the
same way every time. To that end, the Housing and Community Development Article
Review Committee conformed the language and organization of Division II to that of
previously enacted revised articles to the extent possible.
It is the manifest intent both of the General Assembly and the Housing and
Community Development Article Review Committee that this bulk revision of the
substantive housing and community development law of the State render no
substantive change. The guiding principle of the preparation of Division II is that
stated in Welch v. Humphrey, 200 Md. 410, 417 (1952):
[T]he principal function of a Code is to reorganize the statutes and state them in
simpler form. Consequently any changes made in them by a Code are presumed to be
for the purpose of clarity rather than change of meaning. Therefore, even a change in
the phraseology of a statute by a codification thereof will not ordinarily modify the
law, unless the change is so radical and material that the intention of the Legislature
to modify the law appears unmistakably from the language of the Code. (citations
omitted)
Accordingly, except to the extent that changes, which are noted in Revisor's Notes,
clarify the former law, the enactment of this Division II in no way is intended to make
any change to the substantive law of Maryland relating to local housing authorities.
Throughout this Division II, as in other revised articles, the word "regulations"
generally is substituted for former references to "rules and regulations" to
distinguish, to the extent possible, between regulations of executive units and rules of
judicial or legislative units and to establish consistency in the use of the words. This
substitution conforms to the practice of the Division of State Documents. However, in
some instances, references to "rules" of executive agencies are retained to reflect that
the agency has adopted rules to govern the internal management of the agency.
In many provisions in this Division II, as in other revised articles, the term
"unit" is substituted for former references to governmental entities such as an
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