§ 12-104
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§12–104.
(a)In this section, “housing authority entity” means an entity:
(1)that is controlled or wholly owned by an authority; or
(2)in which an authority or an entity controlled or wholly owned by an authority has an ownership interest, either directly or indirectly, through one or more wholly or partially owned subsidiary entities.
(b)A nonprofit entity shall be deemed controlled by an authority under subsection
(a)of this section if:
(1)the nonprofit entity is established by an authority under § 12–502(h) of this title; and
(2)the authority:
(i)has the power to appoint a majority of the board of directors of the nonprofit entity; or
(ii)is the sole member of the nonprofit entity.
(1)In this subsection, “nonprofit housing corporation” means a nonprofit or charitable private corporation that provides safe and sanitary housing to persons of eligible income in such a way that the corporation works essentially like an authority under this Division II.
(2)Property is used for essential public and governmental purposes and is exempt from all taxes and special assessments of the State or a political subdivision if the property:
(i)belongs to an authority or a nonprofit housing corporation;
(ii)is used as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity; or
(iii)1. is used, or if planned or under construction will be used, as housing for persons of eligible income and is owned in whole or in part, directly or indirectly, through one or more wholly or partially owned subsidiary entities of a housing authority entity; and
2. has improvements, or has improvements planned or under construction, located on land that is owned by:
A. an authority; or
B. an entity that is controlled or wholly owned by an authority.
(3)In lieu of those taxes and special assessments, an authority, a nonprofit housing corporation, or a housing authority entity shall pay the political subdivision in which a housing project is wholly or partly located an amount, if any, that may be set by mutual agreement and that does not exceed the amount of regular taxes levied on similar property.
(1)Except as provided in paragraph
(2)or
(3)of this subsection:
(i)all real property of an authority is exempt from levy and sale by virtue of an execution;
(ii)an execution or other judicial process may not issue against the real property; and
(iii)a judgment against an authority is not a charge or lien on the authority’s real property.
(2)Paragraph
(1)of this subsection does not limit a right to foreclose or otherwise enforce:
(i)a mortgage or deed of trust recorded against property of an authority; or
(ii)a pledge or lien given by an authority on its rents, fees, or revenues.
(3)This subsection does not deprive a political subdivision of its right to collect money agreed to be paid in lieu of taxes in the same manner as taxes are now or may be collected under State law and the laws of the political subdivision.