Baltimore Ordinance 23-0237 (2023) requires 5%-15% affordable units in qualifying new residential developments. The city uses inclusionary zoning rather than a separate cash linkage fee on commercial development.
Baltimore's Inclusionary Housing Ordinance 23-0237, effective 2023, requires residential projects of 20 or more units receiving major public subsidy or zoning relief to set aside between 5% and 15% of units for households at 50%-80% of area median income, with deeper affordability tied to greater public benefit. Developers may comply via on-site units, off-site units, land dedication, or in-lieu fees deposited into the Affordable Housing Trust Fund (Article 1 §40). Unlike Boston or San Francisco, Baltimore does not impose a parallel commercial linkage fee. The Department of Housing and Community Development administers compliance and audits annually.
Noncompliant projects forfeit certificates of occupancy, face civil penalties up to $1,000 per missing affordable unit per month, and may be subject to deed-restriction recording orders by HCD.
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See how Baltimore's affordable housing linkage fee rules stack up against other locations.
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