WILLIAM DONALD SCHAEFER, Governor

(2) FOR GOOD CAUSE THE DEPARTMENT MAY ACCEPT AN
APPLICATION AFTER APRIL 1 BUT ON OR BEFORE MAY 1 OF THE TAXABLE
YEAR PRECEDING THE TAXABLE YEAR FOR WHICH THE USE ASSESSMENT IS
SOUGHT.

(B)  REZONED REAL PROPERTY SHALL BE ASSESSED BASED UPON ITS
RESIDENTIAL USE AND NOT UPON A ZONING CLASSIFICATION ALLOWING A
HIGHER INTENSITY USE.

(C)  THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE
RESIDENTIAL USE ASSESSMENT PROVIDED UNDER §§ 8-226 THROUGH 8-228
OF THIS SUBTITLE.

(D)  THE DEPARTMENT SHALL GIVE NOTICE TO HOMEOWNERS OF
PROPERTY THAT HAS BEEN REZONED TO A COMMERCIAL OR INDUSTRIAL
CLASSIFICATION OF THE POSSIBLE RESIDENTIAL USE ASSESSMENT
PROVIDED UNDER §§ 8-226 THROUGH 8-228 OF THIS SUBTITLE. THE
NOTICE SHALL INCLUDE ANY INFORMATION NEEDED TO CONVEY;

(1)  ELIGIBILITY REQUIREMENTS;

(2)  FILING DEADLINES;

(3)  APPLICABLE LIMITATIONS; AND

(4)  CONTACT INFORMATION FOR APPLICATION FORMS.

(E)  THE DEPARTMENT SHALL NOTIFY AN APPLICANT IN WRITING IF
THE APPLICANT IS NOT ELIGIBLE FOR THE RESIDENTIAL USE ASSESSMENT.

8-228.

(A)  IF A PART OF ANY REZONED REAL PROPERTY IS SUBDIVIDED BY
A RECORDED PLAT, IS USED FOR A PURPOSE OTHER THAN A RESIDENTIAL
USE, OR IS TRANSFERRED TO SOMEONE OTHER THAN AN IMMEDIATE FAMILY
MEMBER OF THE OWNER, THE RESIDENTIAL USE ASSESSMENT UNDER §§
8-226 THROUGH 8-228 OF THIS SUBTITLE SHALL TERMINATE AND THE
DEPARTMENT SHALL ASSESS THE PROPERTY BASED ON THE CURRENT ZONING
CLASSIFICATION.

(B)  IF THE RESIDENTIAL USE ASSESSMENT IS TERMINATED UNDER
SUBSECTION (A) OF THIS SECTION, THE HOMEOWNER WHO PAID TAXES
BASED ON THE RESIDENTIAL USE ASSESSMENT SHALL PAY TO THE
DEPARTMENT A PENALTY AS CALCULATED IN SUBSECTION (C) OF THIS
SECTION.

(C)  (1) THE PENALTY DUE IS CALCULATED BASED ON THE
DIFFERENCE BETWEEN THE ASSESSMENT OF THE PROPERTY BASED ON ITS
RESIDENTIAL USE AS REZONED REAL PROPERTY AND THE ASSESSMENT
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION MULTIPLIED BY THE
SUM OF THE STATE, COUNTY, AND MUNICIPAL TAX RATES FOR THE CURRENT
TAX YEAR.

- 4787 -