reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means a local administering agency, including a governmental unit, community action agency, Office on Aging, or other nonprofit agency.
(2) "Applicant" means a representative member of the family unit in the dwelling unit, the owner, or designated agent of the owner, of a dwelling unit.
(3) "Benefit" means the amount of assistance that is provided to an eligible applicant.
(4) "Department" means the Department of Housing and Community Development.
(5) "Dwelling unit" means any of the following:
(a) An individual house, including a semidetached house, or stationary mobile home;
(b) An apartment in an apartment complex;
(c) An apartment within a home;
(d) A unit in public housing;
(e) A unit in subsidized housing; or
(f) A single room occupied as separate living quarters.
(6) "Fair hearing" means a procedure established to provide the applicant with the opportunity to have a dispute reviewed by a hearing officer.
(7) "Family unit" means an individual or group of individuals who are living together as one economic unit.
(8) "Hearing officer" means a person designated by the Department to preside at a fair hearing.
(9) "Landlord-tenant agreement" means a document signed by the agency, the owner as landlord, and the applicant when the applicant is a tenant, specifying consent to provide access to the premises, and an agreement by the owner not to increase the rent of the premises on account of the weatherization improvements.
(10) "Material vendor" means a supplier of weatherization material.
(11) "Owner" means the person or persons listed in the land records of the State who holds title to the property, or the governmental agency that owns the dwelling unit.
(12) "Program" means the Maryland Weatherization Program.
(13) "Public housing" means a dwelling unit owned and operated by a municipality or governmental agency.
(14) "Subsidized housing" means a privately owned dwelling unit where rental fees are subsidized by local or federal funds.
(15) "Weatherization material" means any energy-conserving device or technology used in a dwelling unit.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.03 - Program Agency Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local governmental unit qualifies as a local administering agency for the Program without participating in the selection process.
B. Under 10 CFR §
										440.15, an administering agency shall be a private or public nonprofit entity as recognized by federal and State laws.
C. A nonprofit entity shall have an active Board of Directors organized in accordance with the laws governing the corporate structure under which the organization was founded.
D. Rating and Ranking.
(1) The Department shall rate and rank an agency that is not a local governmental unit based on the:
(a) Agency's experience in the administration of weatherization or similar programs in the area to be served;
(b) Agency's plan for managing the Program including production oversight, inventory, outreach, and other sources of funds leveraged;
(c) Education, background, and experience of Agency personnel assigned to the Program;
(d) Agency's knowledge and understanding of the nature and scope of the work to be performed; and
(e) Economic benefit to the State of Maryland from the use of the agency.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.04 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dwelling unit is eligible when occupied by a family unit which:
(1) Is resident in Maryland, has an income within the maximum income limits set in Regulation .12 of this chapter, and provides proof of ownership or a signed landlord-tenant agreement; or
(2) Contains a member who has received cash assistance payments under TPA, SSI, GPA-E, GPA-PW, food stamps, or veteran benefits during the 12-month period preceding the determination of eligibility.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.05 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant shall apply at the Agency. If the applicant is unable to come to the Agency, the Agency shall send a representative to take the application.
B. A completed application includes:
(1) A completed application form provided by the Agency;
(2) Verification of countable income;
(3) Proof of ownership or a landlord-tenant agreement; and
(4) Household data sheet.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.06 - Agency Response to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall receive the application.
B. Incomplete Application. If the application is not complete, the agency shall notify the applicant within 5 working days as to information needed and that the application will be denied if the information is not supplied within 30 days of the date of this notice.
C. Completed Application.
(1) If the application is complete, the Agency shall decide within 5 working days if the applicant is eligible. The Agency shall use the income guideline that corresponds to the requirements of the source of funds used.
(2) If the Agency decides the applicant is eligible, the Agency shall notify the applicant within 5 working days of the decision. The notice shall include the:
(a) Fact that applicant is eligible;
(b) Funding source income eligibility requirements used to determine the applicant's eligibility;
(c) Approximate schedule for estimation of cost, installation, and completion; and
(d) Requirement that the applicant sign a final inspection form.
(3) Estimation of Cost and Determination of Type and Amount of Weatherization.
(a) The Agency shall make an inspection of the premises and decide within 15 working days after the decision of eligibility whether the dwelling is eligible and if so, for what type and amount of weatherization.
(b) If the Agency decides that the dwelling is eligible, the Agency shall notify the applicant within 5 working days of the decision. The notice shall include the:
(i) Fact that the dwelling unit is eligible;
(ii) Type and amount of weatherization to be installed;
(iii) Approximate schedule for installation and completion;
(iv) Right to appeal the decision and the method to obtain a fair hearing; and
(v) Legal services that are available to provide representation.
(4) If the Agency decides to deny the application because the applicant or the dwelling unit is ineligible, the Agency shall notify the applicant within 5 working days of the decision. The notification shall include the:
(a) Reason for denial;
(b) Specific regulation supporting the denial;
(c) Right to appeal the decision, and the means to obtain a fair hearing; and
(d) Legal services that are available to provide representation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.07 - Delivery of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall contact the applicant to arrange the specific date for installation of the materials.
B. Final Inspection.
(1) The Agency shall contact the applicant to arrange the date for final inspection.
(2) If the inspector finds that the installation is incomplete, the inspector shall return to the Agency and arrange for the job to be completed.
(3) If the installation is complete, the inspector shall request the applicant to sign the final inspection form.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.08 - Limitations on Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency may not authorize an expenditure for full weatherization in which the total cost exceeds $1,800 unless the Agency has been granted a waiver by the Department based on established criteria and sufficient documentation.
B. The Agency may not authorize installation if:
(1) A dwelling unit has been previously fully weatherized;
(2) A dwelling unit is determined to be ineligible; or
(3) An applicant refuses weatherization services.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.09 - Termination

Current through Register Vol. 51, No. 14, July 12, 2024
The Agency shall notify the applicant that the case is closed when the:
A. Installation is complete and the final inspection form is signed;
B. Applicant moves or the dwelling becomes unoccupied before the weatherization materials are installed;
C. Dwelling unit is destroyed or rendered uninhabitable before the weatherization materials are installed;
D. Applicant does not submit required information to complete the application within the 30-day time limit;
E. Applicant cannot be contacted for inspection and the cost estimation of the job within the 15 working day time limit;
F. Applicant intentionally furnished false information on the application form; or
G. Applicant requests cancellation before the weatherization materials are installed.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.10 - Appeals Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall have a grievance procedure and shall attempt to resolve a grievance at the local level.
B. An applicant may appeal to the Department for a fair hearing in the following situations:
(1) The applicant's complaint is not resolved by the Agency's grievance settlement procedures;
(2) The applicant is denied assistance;
(3) The applicant is neither certified nor denied assistance within 5 days from the date that the required documentation is presented according to Regulation .06C of this chapter;
(4) The applicant disagrees with the Agency decision that the work is incomplete or improperly installed;
(5) The applicant disagrees with the Agency decision regarding behavioral problems of installers or damage to person or property; or
(6) The applicant disagrees with type or amount of weatherization provided or to be provided.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.11 - Fair Hearings Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant has 15 working days from the date that the notice of a right to a fair hearing was sent by the Agency to file a request.
B. The Agency shall establish a process by which the request forwarded to the Department contains the following basic information:
(1) Date of request;
(2) Name and address of the applicant making the request;
(3) The reason for making the request; and
(4) The date of the action or decision being appealed or the date the notice of the action or decision was mailed to the applicant.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.12 - Income Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
The income guidelines to be used by each agency for certifying applicant eligibility are the federal poverty income guidelines that are published annually in the Federal Register.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making grants to elderly homeowners to finance accessibility-related modifications to make the owner's dwelling unit more accessible to or functional for the elderly.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.03 - Eligible Grantees

Current through Register Vol. 51, No. 14, July 12, 2024
To qualify as an eligible grantee under the Program, single family owner-occupants shall:
A. Be a "family of limited income" as defined in Regulation .02B of this chapter;
B. Own the eligible property in fee simple or under a freely transferable ground rent lease;
C. Have at least one of the owners meet the definition of elderly in Regulation .02B of this chapter who resides in or intends to reside in the property to be modified;
D. Have the legal capacity to incur the obligations of the grant; and
E. Demonstrate to the Department that they cannot undertake the modifications without a grant.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.04 - Eligible Buildings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Buildings shall meet the following requirements:
(1) Be located within the State;
(2) Contain not more than four residential units;
(3) Be properly zoned for the proposed use;
(4) Be in need of modifications considered eligible under this chapter;
(5) Be owned by an eligible grantee who shall provide assurance of title or evidence of ownership acceptable to the Department;
(6) Be covered by property insurance; and
(7) If the building is in the 100-year flood plain, as designated by the U.S. Department of Housing and Urban Development, be covered by a flood plain insurance policy.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant proceeds may only be used for the cost, labor and materials for modifications to an eligible building.
B. Grant proceeds may not be used to pay for taxes, insurance, mortgage payments, or nonessential repairs.
C. If a building contains between 2-4 dwelling units, grant proceeds may only be used for:
(1) Modifications to the interior of the eligible grantee's dwelling unit; and
(2) Modifications to the exterior of the eligible building necessary to make the grantee's dwelling unit more accessible.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.06 - Grant Terms and Conditions - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall enter into a grant agreement with each grantee.
B. The Department may establish other terms and conditions in the grant agreement, and any other documents related to the grant, which the Department considers reasonable and necessary to accomplish the objectives of the Program or to ensure compliance with all federal, State, and local laws, ordinances, and regulations, and departmental programs and policies.
C. Maximum Grant Amount.
(1) A grant for a residential building may not exceed $25,000.
(2) The Director or Deputy Director may, in their discretion, approve increases in the maximum grant amount to cover exceptional circumstances in an amount determined to be reasonable but not exceeding $60,000.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.07 - Grant Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may operate the Program or establish procedures that allow a local administrator to accept applications and approve grants under the Program.
B. Application Forms. Grant applications shall be made upon standard forms prescribed by the Department.
C. Application Fee. An applicant may be required to pay an application fee as designated by the Department from time to time.
D. Documentation.
(1) An applicant shall submit with the application any documentation that the Department requires, including, but not limited to, any documentation needed to establish the eligibility of the applicant.
(2) An applicant shall provide evidence satisfactory to the Program demonstrating that the applicant could not undertake the modification without a grant due to:
(a) Insufficient household income to make loan payments; or
(b) The property not having sufficient value to secure private financing.
(3) An applicant shall submit supporting documentation required by the Program guidelines.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.08 - Grant Approval and Disapproval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Eligibility Determination.
(1) Each application shall be submitted to the Department or local administrator, as applicable, for initial review to make a preliminary determination of the eligibility of the applicant and the project.
(2) If an applicant is determined preliminarily to be eligible, the applicant will be provided with a letter acknowledging receipt of the application and notifying the applicant of the ongoing review process.
(3) If an applicant is ineligible for a grant, the applicant shall be informed in writing of the determination and the reasons for it.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.09 - Grant Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The grant closing shall be scheduled by the Department or the local administrator.
B. Grant Documents.
(1) Grant document forms shall be provided by the Program and may not be altered.
(2) Grant documents shall be executed on behalf of the Department by an Authorized Officer of the Department or an authorized local administrator.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.10 - Work Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors and their subcontractors shall meet the requirements of COMAR 05.04.01.13.
B. Work done, materials supplied, and construction procedures employed shall comply with all contract documents, applicable codes and standards, including those set forth in these regulations, and those general specifications established by the Department.
C. Permits. If required by State codes or local codes, all building permits shall be obtained and posted at the project before the beginning of construction.
D. Compliance with applicable codes and obtaining required permits and licenses are the responsibility of the grantee and contractor.
E. Any action taken by the Department or the local administrator to prepare or review work write-ups, evaluate the property, or review and approve plans and specifications is:
(1) To assure the Department and the local administrator of the adequacy of the proposed work; and
(2) Not intended to substitute for or ensure compliance with appropriate State and local building codes.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.11 - Contract Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be no modification of any contract documents without the prior written consent of the Department or the local administrator, as evidenced by an approved change order, executed by:
(1) The contractor; and
(2) The grantee.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.12 - Grant Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring of Disbursements.
(1) The local administrator or Department shall monitor grants and disbursement of grant funds during rehabilitation to assist grantees and to assure that grant funds are properly used.
(2) The local administrator or Department shall determine the frequency and level of inspections during rehabilitation based on Program guidelines.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.13 - Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. A contractor, local administrator, or subcontractor may not discriminate against any person on the basis of race, color, religion, national origin, sex, sexual orientation, gender, marital status, physical or mental handicap, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program.
B. Each contractor, local administrator, and subcontractor shall comply with all applicable federal, State, and local laws and Department policies regarding discrimination and equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including:
(1) Title VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Department's Minority Business Enterprise Program, as amended;
(4) The Americans with Disabilities Act of 1990, as amended;
(5) State Government Article, Title 20, Annotated Code of Maryland, as amended; and
(6) Executive Order 01.01.1989.18 relating to Drug and Alcohol Free Workplaces, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.14 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grantees, contractors, and subcontractors shall maintain such books, accounts, and records, and shall file with the Department such financial and other reports as the Department may from time to time require.
B. The books, accounts, and records shall be open to the inspection of representatives of the Department or other agencies of the State during reasonable working hours. Top of Form
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.15 - Accessible Homes for Senior Homeowners Grant Program › Section 05.04.15.15 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may establish from time to time Program guidelines containing underwriting standards, grant processing requirements, and other requirements or matters relating to the financing of grants or to Program requirements.
B. The Department shall ensure that Program guidelines, fee information, and application forms are publically available on its website and at its offices.
C. Delegation. In addition to authorized officers identified in Regulation .02B of this chapter, the Secretary may delegate to any other official or employee of the Department or Administration the authority to execute or approve any Program documents or grant documents.
D. Through the agreement with the local administrator, specific staff members for the local administrator may be authorized by the Department to execute grant documents on behalf of the Department.
E. False Statements. A grantee who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department or the local administrator originating the grant, is subject to immediate acceleration of the grant, in addition to the penalties authorized by Housing and Community Development Article, §
									4-933, Annotated Code of Maryland.
F. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:
(1) Conformance to the requirements of any federal agency in connection with any modification with respect to which federal assistance is sought necessitates waiver or variance of a regulation; or
(2) In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter prescribes the policies, procedures, and authorizations for making loans from and administering the following multifamily rental housing programs:
(1) Elderly Rental Housing Program; and
(2) Rental Housing Production Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objectives of the multifamily rental financing programs are to:
A. Increase or preserve the supply of decent, safe, and sanitary rental housing in the State for occupancy by families of limited income and families of lower income including individuals and elderly households, by:
(1) Providing financial assistance for certain costs of acquiring, constructing, rehabilitating, or operating rental housing; and
(2) Stimulating the participation of political subdivisions in the preservation and production of affordable rental housing for families of limited income and families of lower income; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.04 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
Sponsors shall meet the following minimum requirements to qualify for a loan:
A. Be in good standing and qualified to do business in the State;
B. Have the legal capacity and all necessary legal authorization to incur the obligations of the loan; and
C. Meet all threshold criteria under Regulation .20 of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Loan funds may be used for:
(1) Capital assistance loans to sponsors for financing development costs of income-restricted projects;
(2) Loans to finance acquisition only of existing or completed:
(a) Vacant projects; or
(b) Occupied projects, if:
(i) The rental units are not occupied before acquisition or rehabilitation by families of lower income or families of limited income;
(ii) The number of units to be subject to income restrictions will be increased substantially;
(iii) Existing income limits will be reduced from current levels;
(iv) Units have been condemned or cited for code violations and the tenants are likely to be subject to displacement; or
(v) Any existing federal capital or operating subsidies will be lost without financing through the program;
(3) Operating assistance loans to sponsors for existing or completed income restricted projects including:
(a) Buy down of the interest rate on a conventional permanent loan;
(b) Payments of principal and interest on superior mortgage liens;
(c) Maintenance and repair costs;
(d) Property taxes;
(e) Hazard and liability insurance premiums;
(f) Utilities;
(g) Permits and licenses;
(h) Reasonable management fees and expenses as determined by the Department;
(i) Rent subsidies;
(j) Closing costs;
(k) Department administrative expenses; and
(l) Other project operating expenses or fees approved by the Department;
(4) Acquisition by the Department of a completed project or the land for a project, and subsequent transfer of the project or land, or both, to a sponsor;
(5) Purchase or lease by the Department of a project and, after construction or rehabilitation by the Department, sale or transfer of the project to a sponsor upon terms or conditions which make it economically feasible for the sponsor to rent to families of limited income; or
(6) Bridge loans.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.06 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Land and Improvements.
(1) Land and improvements comprising a project shall meet the following minimum requirements:
(a) Be located within the State;
(b) When the project is complete, be in compliance with zoning requirements and applicable codes and standards;
(c) Be owned by the Department or a sponsor in fee simple or a leasehold estate, with title acceptable to the Department;
(d) If the project is contained within a larger undertaking, provide equal access to tenants of the project to any amenities and common areas within the larger undertaking;
(e) Provide:
(i) Five or more traditional rental housing units;
(ii) Two or more units in a shared living unit facility; or
(iii) Emergency or temporary shelter to multiple persons.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.07 - Local Support and Contribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The political subdivision in which the proposed project is situated shall approve the project and shall make a contribution to the project as described in §D of this regulation. If the project is in a municipal corporation, the local approval and the local contribution shall be from the municipal corporation, not the surrounding county, except that a county in which a municipal corporation is located may make a contribution on behalf of the municipal corporation, subject to approval by the Department.
B. For office and commercial space conversion projects that are part of a larger undertaking, the local contribution in §A of this regulation may be toward the cost of the project or the undertaking.
C. The approval in §A of this regulation shall be evidenced by a certified copy of an ordinance or resolution duly adopted by the appropriate governing body of the political subdivision and approved by the chief executive officer of the political subdivision, if any, setting forth:
(1) The identity of the sponsor;
(2) The location and nature of the project; and
(3) Approval of the loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.08 - Geographic Distribution of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the intent of the Department that program funds be distributed and made available Statewide.
B. The Department shall undertake best efforts to ensure some program funds are distributed Statewide, including the following geographic areas of the State:
(1) Eastern Shore counties;
(2) Western Maryland counties;
(3) Baltimore metropolitan area counties; and
(4) Washington, D.C. metropolitan area counties and Southern Maryland counties.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.09 - Sponsor's Equity Contribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. For income-restricted projects, the Department may establish requirements for the amount of equity a sponsor must contribute to a project which may vary for different types of sponsors, including nonprofit sponsors.
B. Sponsors of office and other commercial space conversion projects shall make an equity contribution of at least 10 percent of the residential development costs of the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.10 - Limit on Return of Equity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Projects may be subject to a limitation on return of equity or an equity participation agreement, at the discretion of the Department.
B. Periodically, at the convenience and discretion of the Department, residual receipts held by the Department in connection with a limitation on return on equity imposed under this regulation, if any, shall be credited to the Fund. At the option of the Department, residual receipts may be disbursed for the project which generated the receipts or for any other project.
C. Sponsors of office and commercial space conversion projects are not subject to any limitation on return of equity.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.11 - Income Limits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall establish income limits for families of limited income and families of lower income and may revise the limits from time to time. The Secretary may establish different limits for different areas of the State and may establish lower limits within any area or for a particular project.
B. In establishing or revising income limits under this regulation, the Secretary shall consider:
(1) The total amount of family income available for housing;
(2) The size of the family;
(3) The cost and condition of available housing;
(4) The ability of the family to compete successfully in the conventional private housing market;
(5) Relevant standards and definitions of federal housing programs; and
(6) Other factors that the Secretary considers relevant.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.12 - Restrictions on Ownership and Occupancy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Change of Ownership. During the loan term, the sponsor of the project may not sell, cease to own, assign, transfer, or dispose of all or any part of the sponsor's interest in the project or the real property on which it is situated, without the prior written consent of the Department, except for leases of individual units or as set forth in the loan documents.
B. Income-restricted projects are subject to the occupancy requirements set forth in §§D-G of this regulation. Projects funded through the Rental Housing Production Program are restricted in occupancy to families of lower income. Projects funded through the Elderly Rental Housing Program are restricted in occupancy to families of limited income.
C. The occupancy restrictions in §§D-G of this regulation shall be evidenced by a covenant running with the land which shall be recorded in the land records of the county where the project is located.
D. Minimum Restricted Occupancy Period. The project shall be maintained as rental housing for families of lower income or families of limited income for a minimum of the greater of:
(1) 15 years; or
(2) If the project qualifies for federal low income housing tax credits, the number of years imposed by the federal requirements.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.13 - Prepayment

Current through Register Vol. 51, No. 14, July 12, 2024
A. For an income-restricted project, if the prepayment operates to terminate the occupancy covenants for households of limited income, with the prior written approval of the Department, a sponsor may prepay a loan subject to any prohibition on prepayment contained in the loan documents and if the sponsor complies with the following requirements:
(1) Provide written notice to each tenant residing in the project which describes the impact of the prepayment on the tenant, and, if applicable, any assistance to which the tenant is entitled;
(2) Provide written notice of the prepayment to the Department, the political subdivision in which the project is located, and any interested parties registered with the Department;
(3) Offer a right of first purchase to the Department, the political subdivision in which the project is located, the local public housing authority, if any, and any interested parties registered with the Department;
(4) Provide a lease extension for at least 1 year following the notice of the prospective prepayment action to each tenant residing in an assisted unit;
(5) Make relocation assistance payments in an amount determined by the Department;
(6) Provide 3-year lease extensions or 3 months rent equivalent payments to 20 percent of the tenants who live in assisted units and qualify as senior citizens, handicapped, or families with minors; and
(7) Comply with any procedural requirements of the Department with respect to the right of first purchase, relocation payments, and lease extensions.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.14 - Loan Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interest Rates.
(1) Interest rates for each loan shall be established based on the underwriting of each project.
(2) The maximum interest rate on a loan shall be a rate which does not impair the financial viability of the project or the capability of the sponsor to provide rents which are affordable to families of limited income or families of lower income. The interest rate on a loan may be as low as zero percent, based upon projected cash flows for the proposed project.
(3) Bridge loans or portions of loans which will be repaid with the cash proceeds realized from a syndicated sale of the project shall have interest rates equal to private lending rates for bridge loans, unless in the determination of the Department a lower interest rate is required to ensure the financial feasibility and viability of the project. A lower rate approved by the Department under this subsection may not be less than the interest rates permitted under §A(1) and (2) of this regulation based upon the use and occupancy of the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.15 - Loan Terms - Insurance Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mortgage Insurance. Mortgage insurance is not required for loans made from the program.
B. Property, Liability, and Other Insurance.
(1) At or before closing of a loan, and at such other times as required by the Department, the sponsor shall provide evidence that the sponsor, contractor, and other parties, have obtained and maintained the following insurance:
(a) Owner's liability;
(b) Owner's property or hazard or contractor's builder's risk;
(c) Contractor's liability;
(d) Architect's errors and omissions;
(e) Engineer's errors and omissions; and
(f) Flood insurance, if the project is located in a flood hazard zone.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.16 - Loan Terms- Environmental Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each project shall comply with applicable local, State, and federal environmental laws and Regulations.
B. Sponsors may be required, at the discretion of the Department, to conduct a screening of the proposed site for environmental conditions, including man-made hazards, storm water runoff, underground storage tanks, lead-based paint, radon gas, PCBs, and asbestos.
C. If the initial screening indicates adverse or potentially adverse environmental conditions, the Department may require a more detailed physical investigation, review of historical records, testing and treatment, or abatement of the environmental condition as a requirement of the loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.17 - Loan Terms-Reserves and Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reserve for Replacement. The Department may require the sponsor to make periodic payments to the Department for a reserve for replacement account for future repairs, maintenance, and improvement of the project.
B. Appraisal. The sponsor or the Department, in the Department's discretion, shall obtain an appraisal by an appraiser acceptable to the Department, showing the value of the land and any improvements on the land before and after the proposed rehabilitation or construction in a form and manner acceptable to the Department. The sponsor shall bear the cost of the appraisal.
C. Escrow Account. If there is no prior mortgage or deed of trust requiring the payment of expenses to the mortgagee, the mortgage or deed of trust securing the loan shall require monthly payments to the Department in escrow, consisting of one-twelfth of annual real estate taxes, ground rent, property insurance premiums, and, when appropriate, other items for which payments are required by the Department. Interest may or may not in the Department's discretion be paid to the sponsors on escrows.
D. Additional Security.
(1) Because of the risks inherent in the nature of the loans made under the program, the Department, at its sole discretion, may require additional security or collateral from the sponsor both to assure completion of the construction or rehabilitation of the project, and to assure repayment of the loan.
(2) The collateral may be in the form of one or more of the following:
(a) A cash escrow;
(b) A letter of credit in an amount, form, and from a financial institution acceptable to the Department;
(c) Depository accounts pledged to the Department;
(d) Performance and payment bonds from a surety acceptable to the Department;
(e) A completion assurance agreement executed by the sponsor and backed by some form of monetary collateral;
(f) A guaranty of completion or loan payments, or both, executed by a third party who is financially able and willing to back the guarantee by some collateral acceptable to the Department;
(g) A pledge of syndication proceeds;
(h) A pledge of the developer's fee; or
(i) Other collateral acceptable to the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.18 - Loan Terms-Additional Requirements for Certain Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Capital assistance loans shall meet the following additional requirements:
(1) Loans shall be secured by a mortgage lien, which may be subordinate to other mortgage liens; and
(2) For loans in amounts greater than $15,000, the Department shall require the sponsor to provide a standard American Land Title Association Loan Policy, or other form of title policy acceptable to the Department and the Office of the Attorney General, for an amount equal to the maximum principal amount of the loan:
(a) Insuring the Department;
(b) Evidencing that title to the improvements and the real property on which the improvements are located on the date of closing is vested in the sponsor; and
(c) Containing only standard exceptions and encumbrances approved by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.01 - Rental Housing Program › Section 05.05.01.19 - Application Submission and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications are accepted and reviewed in one or more competitive rounds to be announced by the program annually.
B. An application for an office and commercial space conversion project shall be accepted and processed in accordance with processing procedures established by the Department and shall be submitted by the political subdivision in which the project is located. If the project is located in a municipal corporation, the application shall be submitted by the municipal corporation, not the surrounding county.
C. Forms. A loan application shall be made upon standard forms prescribed by the Department.
D. Documentation. An application shall be accompanied by all documentation in the form and containing the information specified by the application procedures adopted by the Department, which may vary depending on the type of loan.
E. Fees and Charges.
(1) Fees.
(a) The program shall charge an application fee unless a sponsor submits an application for funds from the program in conjunction with an application for any other Department program for which an application fee is charged and paid, in which case the program may waive the requirement for an application fee. This fee may be less for nonprofit sponsors and political subdivisions.
(b) Administrative or reservation fees, which may be financed by the loan, may be charged to sponsors to cover the costs of servicing the loan or for failure by the sponsor to met loan processing deadlines.
(c) The program shall charge a loan closing fee to cover legal and other costs to the Department of closing the loan.