§3–114.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Affirmatively further fair housing” has the meaning stated in § 2–401 of the Housing and Community Development Article.

        (3)    “Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

        (4)    “Low–income housing” means housing that is affordable for a household with an aggregate annual income that is below 60% of the area median income.

        (5)    “Workforce housing” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

    (b)    A housing element may include goals, objectives, policies, plans, and standards.

    (c)    A housing element shall address the need for affordable housing within the local jurisdiction, including:

        (1)    workforce housing; and

        (2)    low–income housing.

    (d)    (1)    Local jurisdictions have a duty to affirmatively further fair housing through their housing and urban development programs.

        (2)    The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2023, shall include an assessment of fair housing to ensure that the local jurisdiction is affirmatively furthering fair housing.

        (3)    On request of a local jurisdiction, the Department of Planning, in consultation with the Department of Housing and Community Development, shall provide technical assistance for the purpose of developing the housing element of the comprehensive plan.

        (4)    This subsection does not require a local jurisdiction to take, or prohibit a local jurisdiction from taking, a specific action to affirmatively further fair housing.