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Session Laws, 2004
Volume 801, Page 3222   View pdf image
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H.B. 1087                                               VETOES

(5) NO EARLIER THAN 90 DAYS AFTER THE APPLICATION HAS BEEN
POSTED AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A TENANT SEEKING
TO EXTINGUISH AN IRREDEEMABLE GROUND RENT SHALL PROVIDE TO THE
DEPARTMENT:

(I)      PAYMENT OF UP TO 3 YEARS' BACK RENT TO THE EXTENT
REQUIRED UNDER THIS SECTION AND § 8-111.1 OF THIS SUBTITLE, IN A FORM
SATISFACTORY TO THE DEPARTMENT; AND

(II)     AN AFFIDAVIT MADE BY THE DIRECTOR OF THE OFFICE OF
PROPERTY ACQUISITION AND RELOCATION IN THE BALTIMORE CITY DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT CERTIFYING THAT:

1.       THE PROPERTY IS ABANDONED PROPERTY, AS DEFINED IN
§ 21-17(A)(2) OF THE PUBLIC LOCAL LAWS OF BALTIMORE CITY, OR DISTRESSED
PROPERTY, AS DEFINED IN § 21-17(A)(3) OF THE PUBLIC LOCAL LAWS OF BALTIMORE
CITY;

2.       THE PROPERTY WAS ACQUIRED OR IS BEING ACQUIRED
BY THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY THROUGH CONDEMNATION;

3.       A THOROUGH TITLE SEARCH HAS BEEN CONDUCTED;

4.       THE LANDLORD OF THE PROPERTY CANNOT BE LOCATED
OR IDENTIFIED; AND

5.       THE EXISTENCE OF THE GROUND RENT IS AN
IMPEDIMENT TO REDEVELOPMENT OF THE SITE.

[(5)] (6) At any time, the tenant may submit to the Department notice
that the tenant is no longer seeking redemption OR EXTINGUISHMENT under this
subsection.

[(6)] (7) Upon receipt of the documentation, fees, and WHERE
APPLICABLE, THE redemption amount and 3 years' back rent to the extent required
under this section and § 8-111.1 of this subtitle, the Department shall issue TO THE
TENANT a ground rent redemption certificate [to the tenant] OR A GROUND RENT
EXTINGUISHMENT CERTIFICATE, AS APPROPRIATE.

[(7)] (8) The redemption OR EXTINGUISHMENT of the ground rent is
effective to conclusively vest a fee simple title in the tenant, free and clear of any and
all right, title, or interest of the landlord, any lien of a creditor of the landlord, and
any person claiming by, through, or under the landlord when the tenant records the
certificate in the land records of the county in which the property is located.

[(8)] (9) The landlord, any creditor of the landlord, or any other person
claiming by, through, or under the landlord may file a claim with the Department in
order to collect all, or any portion of, WHERE APPLICABLE, the redemption amount
and 3 years' back rent to the extent required under this section and § 8-111.1 of this
subtitle, without interest, by providing to the Department:

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Session Laws, 2004
Volume 801, Page 3222   View pdf image
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