Definitions

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    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Affordable housing land trust” means an entity that:

        (1)    Provides affordable housing to low–income families and moderate–income families through an affordable housing land trust agreement; and

        (2)    Is organized or managed by:

            (i)    A nonprofit organization exempt from taxation under § 501(c)(2), (3), or (4) of the United States Internal Revenue Code; or

            (ii)    A unit or instrumentality of the State or a political subdivision of the State.

    (c)    “Affordable housing land trust agreement” means an agreement between an affordable housing land trust and a purchaser of real property owned by the affordable housing land trust, or for which the affordable housing land trust has a proprietary or reversionary interest, that:

        (1)    Grants the affordable housing land trust a preemptive right to purchase or repurchase the property, including any improvements on the property;

        (2)    Contains language restricting the transfer, lease, sublease, assignment, or occupancy of the property with regard to:

            (i)    Potential transferees, sublessees, assignees, or occupants; and

            (ii)    The price at which the property may be transferred; or

        (3)    Imposes other conditions on the use or transfer of the property that would trigger a reversionary interest and that are designed to ensure that the property remains available and affordable to low–income families and moderate–income families.

    (d)    “Family” means a household consisting of one or more individuals.

    (e)    “Low–income family” means a household with an income that does not exceed 80% of the area median income for a household of the same size.

    (f)    “Moderate–income family” means a household with an income that does not exceed 140% of the area median income for a household of the same size.

    (g)    “Nonprofit status” means the recognition by the Internal Revenue Service that an affordable housing land trust is exempt from taxation under § 501(c)(2), (3), or (4) of the Internal Revenue Code.


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