§ 2B-41. Rental units.

(a) Affordability period.

(1) Every affordable rental unit subject to this subtitle must remain at an affordable housing cost, as provided in this section, for a period of not less than 30 years from the date of its initial occupancy.

(2) 1 year prior to the expiration of the affordability period, the owner shall notify the Department of Housing and Community Development of the opportunity to master lease the affordable units, at which time, the City or designated nonprofit housing providers may have the first right of refusal to master lease the affordable units to continue affordability after the affordability period expires.

(b) Lease and sublease restrictions.

During the affordability period, the owner of the rental property may not rent or lease any affordable unit and a tenant may not sub-rent or sublease the unit except to an eligible household at a rent that does not exceed an affordable rent applicable to that unit.

(c) Affordability variance.

(1) All affordable units under this section must be initially leased to moderate, low, very low, or extremely low income households, as outlined in § 2B-21 of this subtitle {"Inclusionary requirements"}.

(2) If a tenant's income increases:

(i) the tenant will be allowed to stay in the unit; and

(ii) the tenant's rent can be increased at the same ratio as the original leasing.

(3) If the income of a tenant in an affordable unit, as described in this section, increases to 100% of AMI:

(i) the tenant shall pay full market rent; and

(ii) another unit must be made available to comply with the affordability requirements in this section.

(d) Owner's maintenance.

The owner of an affordable rental unit:

(1) at all times must comply with all building, fire, safety, and other codes applicable to rental units; and

(2) in providing maintenance and other services to rental units in the residential project, may not discriminate in any way against affordable units.