reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) In this chapter, the following terms have the meanings indicated and as defined in the Act.
(2) Any terms also appearing in the Internal Revenue Code have the meanings defined there as well.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.03 - Eligibility Standards for Approved Qualified Permanent Endowment Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualified permanent endowment funds shall be submitted for approval by an eligible community foundation.
B. In order to be eligible for approval, a qualified permanent endowment fund shall satisfy the following requirements:
(1) The qualified permanent endowment fund shall be held in perpetuity by an eligible community foundation;
(2) The qualified permanent endowment fund shall be used for the benefit of charitable causes in the State, including:
(a) Community services, such as child care, recreational services, and economic development services;
(b) Redevelopment assistance;
(c) Job training for individuals of limited income and related job placement services;
(d) Education;
(e) Crime prevention; or
(f) Other services approved by the Act and the Department; and
(3) The qualified permanent endowment fund shall have an annual spending rate of 5 percent or less calculated using at least a 12-quarter trailing average of the total amount of the fund.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.04 - Qualified Permanent Endowment Fund Proposals and Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Number of Proposals. A community foundation may propose more than one qualified permanent endowment fund in any State fiscal year.
B. Forms and Documentation. A proposal shall be made on standard forms provided by the Department and shall include, for each proposed qualified permanent endowment fund:
(1) The name and a description of the qualified permanent endowment fund;
(2) A description of the problem to be addressed by the qualified permanent endowment fund and who will benefit from the qualified permanent endowment fund;
(3) A description of the qualified permanent endowment fund goals and the measurable objectives;
(4) The geographic area benefited by the qualified permanent endowment fund, together with a statement of whether the geographic area includes, in whole or in part, a designated neighborhood conservation area;
(5) A copy of the following organizational documentation for the qualified permanent endowment fund:
(a) The letter from the Internal Revenue Service granting tax-exempt status under §501(c)(3) of the Internal Revenue Code;
(b) Articles of incorporation or articles of organization;
(c) Bylaws or operating agreement; and
(d) A corporate resolution authorizing submission of the proposal and designating the person or persons authorized to sign documents in connection with the approval of the allocation of tax credits and certification for donations;
(6) As required by the Department, financial statements, annual operating budget, list of major contributors, and current and anticipated funding sources; and
(7) Any other information considered necessary by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.05 - Procedures for Claiming and Using Tax Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests for Certification of Donation.
(1) In order to claim a tax credit for a donation under the Act, the taxpayer shall submit a request for certification through the community foundation on forms provided by the Department, together with any documentation of the donation as required by the Department.
(2) Each request for certification of a donation shall contain:
(a) The name of the taxpayer;
(b) The community foundation to which the donation will be made;
(c) The community foundation identification number;
(d) The qualified permanent endowment fund to which the donation will be made; and
(e) The amount of the donation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.06 - Taxes Against Which Tax Credits May Be Applied

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Description. The tax credits described in the Act are credits against State income taxes under Tax-General Article, §10-704.4, Annotated Code of Maryland, for business entities and under Tax-General Article, §10-704.6, Annotated Code of Maryland, for individuals.
B. Disclaimer of Liability. The Department makes no representation, and accepts no responsibility, as to any tax or other consequences to a taxpayer or any other party, arising out of the approval of a qualified permanent endowment fund, the allocation of credits, or the certification of a donation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.07 - Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Handbooks and Manuals. The Department may adopt a handbook containing internal guidelines related to the administration of the Act or establishing other requirements relating to the Act.
B. The Department shall ensure that the application forms are publically available on its website and at its offices.
C. Delegation of Authority. An action or decision required to be taken or permitted to be made by the Department under the Act, or by the Secretary or the Department under these regulations, may be delegated by the Secretary.
D. The Department shall designate members of the Department and other State agencies to evaluate proposals.
E. The members of the Department shall evaluate the proposals based upon the guidelines described in this chapter and the Act.
F. The Secretary shall make all final decisions on approval of the proposals.
G. A decision concerning the eligibility of a community foundation or a qualified permanent endowment fund is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.08 - Record Keeping and Record Retention; Quarterly Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Record Keeping. Community foundations receiving an allocation of tax credits for an approved qualified permanent endowment fund shall keep the following records:
(1) Financial records in connection with the approved qualified permanent endowment fund;
(2) Records in connection with donations from taxpayers that claim or expect to claim tax credits; and
(3) Quarterly reports described in §C of this regulation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.09 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
In order to participate in the allocation of tax credits, the community foundation shall comply with the following requirements:
A. A community foundation may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age in any aspect of the allocation of the tax credits, 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, or in any aspect of employment by any community foundation in connection with any qualified permanent endowment fund financed or assisted under the Act;
B. A community foundation shall comply with all applicable federal, State, and local laws, and Department policies regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including:
(1) Titles 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) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(4) The Department's Minority Business Enterprise Program, as amended;
(5) Executive Order 01.01.1989.18D rug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order;
(6) The Fair Housing Amendments Act of 1988, as amended; and
(7) The Americans with Disabilities Act of 1990, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.10 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary provisions of this chapter to the extent that the waiver or variance is consistent with the Act and if, in the written 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 14 - NEIGHBORHOOD AND COMMUNITY ASSISTANCE PROGRAM › Chapter 05.14.02 - Endow Maryland › Section 05.14.02.11 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Department or in any agreement relating to the tax credits.
B. A community foundation, taxpayer, or any other party that knowingly makes or causes to be made a false statement or report is subject to cancellation and withdrawal of an allocation of credits, or cancellation and withdrawal of a certification of a donation, in addition to any other penalties authorized by law.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for administering existing loans under the State Action Loans for Targeted Areas Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The objectives of the Program are to provide financial assistance for the purposes of:
A. Creating housing and jobs in targeted areas through support of private sector initiatives;
B. Promoting commercial redevelopment and economic revitalization efforts in targeted areas;
C. Supporting retention of housing stock and existing businesses;
D. Providing a source of funds for emergency housing and business assistance;
E. Supporting development efforts for projects undertaken jointly by the public and private sectors; and
F. Providing financial assistance for projects which would not be undertaken otherwise.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.04 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
Sponsors shall meet the following minimum requirements to be eligible to apply for financial assistance under the Program:
A. If a sponsor is a legal entity other than a local jurisdiction, be in good standing and qualified to do business in Maryland;
B. Have the legal capacity and all necessary legal authority to incur the obligations involved in the form of financial assistance provided under the Program; and
C. Demonstrate site control as evidenced by the following:
(1) Own the project,
(2) Have a long-term leasehold interest in the project,
(3) Have a valid sales contract to purchase the project,
(4) Have an option on or agreement of understanding acceptable to the Department to purchase the project, or
(5) Have some other form of interest in the project acceptable to the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Financial assistance may be used for:
(1) Loans for project development costs including, but not limited to:
(a) The acquisition of land, structures, equipment, or furnishings which are or will be a part of a project;
(b) Reasonable fees, as determined by the Program, for architectural, engineering, legal, or other special services;
(c) Preparation of title binders, surveys, plans, and specifications as approved by the program;
(d) Special studies such as:
(i) Market and feasibility studies,
(ii) Property appraisals,
(iii) Test borings, and
(iv) Other studies acceptable to the Department;
(e) Site preparation and extension of utilities on-site;
(f) Cost of labor and materials for new construction or rehabilitation or installation of improvements as set forth in approved plans and specifications for a project;
(g) Acquisition of machinery and equipment necessary to the operation of a commercial/industrial enterprise as set forth in approved plans and specifications;
(h) Indemnity and surety bonds;
(i) Premiums on hazard, liability, title, and mortgage insurance;
(j) Necessary fees, licenses, and permits related to construction, project review, and approval;
(k) Payment and performance bonds;
(l) Other direct project costs and fees acceptable to the Department;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.06 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to be eligible for financial assistance, a project shall satisfy the following requirements:
(1) The project is located within the State;
(2) The project is located in a targeted area or in reasonable proximity to a targeted area;
(3) The project has a commitment of monies from private, local, federal, or other State funds so that upon receipt of financial assistance under the Program there will be adequate funding to assure completion of the project;
(4) The project will not be feasible but for the financial assistance from the Program and the financial assistance from the Program may not exceed:
(a) 50 percent of the project costs anticipated to be financed with private funds or public funds not appropriated by the State, or
(b) 60 percent of the project costs anticipated to be financed with private funds or public funds not appropriated by the State when funds from the federal Small Cities Community Development Block Grant Program for nonentitlement jurisdictions will be used to pay for a portion of project costs;
(5) The local jurisdiction in which the project is located has agreed to make a material and substantial contribution to the project contributed pursuant to the provisions of Regulation .07 of this chapter;
(6) The financial assistance requested is the least amount of money necessary to complete the project as determined by the Department;
(7) Financial assistance provided by the Program will not be used as a local jurisdiction's contribution to a project, nor shall the financial assistance be used as a local match for other State assistance programs;
(8) The projected operating income and expense statements for the project show income sufficient to repay on schedule any loans authorized or guaranteed by the Program;
(9) The project will not facilitate the relocation of industrial plants or commercial facilities from one area within the State to another;
(10) Upon completion, the project will be in compliance with all applicable zoning requirements and standards as well as the applicable building code of the local jurisdiction in which the project is located.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.07 - Local Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local jurisdiction in which the proposed project is situated shall make or agree to make a local contribution which materially reduces the development costs or operating costs, or otherwise significantly supports the project.
B. In evaluating the local contribution for the project, the Department shall take into consideration the significance of the local contribution in relation to the:
(1) Local jurisdiction's ability to contribute; and
(2) Needs of the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.08 - Terms and Conditions of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local jurisdiction in which a project is located shall make a material and substantial contribution to the project which may take the form of:
(1) Cash;
(2) A site for a project;
(3) Provision of or improvements to on-site project-related facilities;
(4) Provision of or improvements to off-site facilities such as related streets, utilities, or other public improvements;
(5) Payment of predevelopment costs such as market studies, preliminary architectural or site plans, engineering studies, or feasibility studies; and
(6) A tax abatement or waiver of taxes or fees imposed by a local jurisdiction.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.09 - Limitations on Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
Any interest earned on Program funds held by a sponsor or local jurisdiction shall be considered Program income and shall be returned to the Department in accordance with the terms specified in the financial assistance documents.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.10 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
Sponsors, local jurisdictions, 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. All of these 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. Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the contractor and the sponsor and local jurisdiction.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.11 - Fees and Charges

Current through Register Vol. 51, No. 14, July 12, 2024
If the form of financial assistance is a loan or guarantee of a loan, the Department may charge a local jurisdiction or sponsor an administrative fee, which may be financed by the loan, to cover the costs of making, servicing, or settling a loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.12 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. Neither local jurisdictions nor sponsors may discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, 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, or in any aspect of employment by any local jurisdiction or sponsor in connection with any project financed or assisted under the Program.
B. Each local jurisdiction and sponsor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Acts of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Department's Minority Business Enterprise Program, as amended;
(6) The Governor's Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out that Order; and
(7) The Americans with Disabilities Act of 1990, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.13 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary provisions of these regulations to the extent that the waiver or variance is consistent with the Act and if, in the written 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 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.14 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly make or cause to be made any false statement or report in any document required to be furnished to the Department by any agreement relating to financial assistance.
B. A person applying for or benefiting from financial assistance under the Program may not knowingly make or cause to be made any false statement or report for the purpose of influencing the action of the Department on an application or for the purpose of influencing the action of the Department affecting financial assistance already provided.
C. A person who violates §A or B of this regulation shall be subject to the following penalties:
(1) Immediate cancellation or acceleration of the form of financial assistance provided by the Program; and
(2) Guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $50,000, or imprisonment not exceeding 5 years, or both.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 15 - STATE ACTION LOANS FOR TARGETED AREAS › Chapter 05.15.01 - State Action Loans for Targeted Areas Program › Section 05.15.01.15 - Severability

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of these regulations are severable. A judgment by any court of competent jurisdiction finding or declaring that any provisions of these regulations or the application of any provision to a person or circumstance is invalid, does not affect the validity of the remaining provisions of the regulations or any other application of these regulations which may be taken by the Secretary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe the policies and procedures for providing financial assistance for community legacy projects, and for administering the Community Legacy Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.03 - Minimum Eligibility Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Sponsor, or a Sponsor's designated third party, shall meet the following minimum requirements:
(1) Be a local government, a group of local governments, a CDO, or a CDFI, except as provided in Regulation .05(C)(2) of this chapter with respect to Neighborhood Intervention Projects;
(2) Not have defaulted on any prior financial assistance from the Department;
(3) Not be currently barred or suspended from any of the Department's programs;
(4) Have the legal capacity and all necessary legal authority to incur the obligations involved in the form of financial assistance provided under the Program;
(5) In the case of CDOs or other business entities, be in good standing and qualified to do business in Maryland; and
(6) In the case of CDFIs, be certified in compliance with 12 U.S.C. §
											4702.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.04 - Eligible Uses of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as limited by §B of this regulation, financial assistance may be used for any costs and expenses related to the development or implementation of a community legacy project as approved by the Secretary.
B. Total noncapital expenditures from the Fund to Sponsors may not exceed 15 percent of total annual Program funds.
C. A Sponsor may grant or lend all or a portion of the financial assistance the Sponsor receives from the Program to a designated third party to carry out the Project in accordance with the terms and conditions of the financial assistance awarded to the Sponsor. The Sponsor shall provide evidence to the Department that a designated third party complies with the minimum eligibility requirements of Regulation .03 of this chapter.
D. Financial assistance from the Program may be used in conjunction with financial assistance from other divisions or programs of the State or the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.06 - Application Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Evaluation.
(1) Each application shall be submitted to the Department to determine whether all of the information required under Regulation .05 of this chapter is contained in the application.
(2) Upon receipt of all required information, the Department shall:
(a) Accept public input on the application;
(b) Undertake an analysis of each application as to the following considerations:
(i) Whether the financial assistance for the proposed project should be approved;
(ii) The amount and type of financial assistance the Sponsor should receive for the proposed project;
(iii) Any special terms and conditions which should be imposed on the project;
(iv) What other Department or State programs or resources could be used in conjunction with the financial assistance from the Program;
(v) The geographical balance of the application in relation to other applications previously received or approved by the Department;
(vi) The likelihood of repayment of the financial assistance provided; and
(vii) Other matters that the Department considers relevant; and
(c) Refer the application to members of the subcabinet and other State agencies, as the Department considers appropriate, to undertake the analysis in §A(2)(c) of this regulation.
(3) The Department, in its discretion, may request from the Sponsor additional information concerning an application, including oral presentations.
(4) Upon completion of the requirements in §A(1)-(3) of this regulation, the Department shall make a recommendation on the application to the Secretary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.08 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sponsors, 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. All of these 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. Books, accounts, and records of designated third parties, contractors, and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between a designated third party, contractor, or subcontractor and the Sponsor.
B. Sponsors shall submit quarterly reports to the Department on the progress or implementation of a community legacy project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.09 - Fees and Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may establish application fees.
B. The Department may establish other fees to be paid to the Department related to the processing of applications and servicing of financial assistance.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.10 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Sponsor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, 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, or in any aspect of employment by any Sponsor in connection with any project financed or assisted under the Program.
B. A Sponsor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Acts of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Department's Minority Business Enterprise Program, as amended;
(6) The Governor's Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order; and
(7) The Americans with Disabilities Act of 1990, as amended
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.11 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary provisions of this chapter to the extent that the waiver or variance is consistent with the Act and if, in the written 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 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.12 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Secretary or the Department by an agreement relating to financial assistance.
B. An individual applying for or benefiting from financial assistance under the Program may not knowingly make or cause to be made a false statement or report for the purpose of influencing the action of the Secretary or the Department on an application or for the purpose of influencing the action of the Secretary or the Department affecting financial assistance already provided.
C. An individual who violates §A or B of this regulation is subject to immediate cancellation or acceleration of the financial assistance provided by the Program and any other penalties authorized by law.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.01 - Community Legacy Program › Section 05.17.01.13 - Urgent or Emergency Projects Reserve

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any fiscal year, the Secretary may hold up to 10 percent of the money in the Fund in reserve for emergency use or urgent projects.
B. After determining an emergency or urgent project exists, the Secretary may approve a community legacy project or a neighborhood intervention project.
C. Any funds held in reserve that are not used for emergency use or urgent projects shall be administered in accordance with the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe the policies and procedures for designating sustainable communities by the Subcabinet or the Secretary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.02 - 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) "Act" means Housing and Community Development Article, Title 6, Subtitle 2, Annotated Code of Maryland.
(2) "Application" means an application to the Department as described in Regulation .03 of this chapter.
(3) "Community development financial institution (CDFI)" has the meaning stated in COMAR 05.17.01.02A.
(4) "Community development organization (CDO)" has the meaning stated in COMAR 05.17.01.02A.
(5) "Community legacy project" or "project" has the meaning stated in COMAR 05.17.01.02A.
(6) "Department" means the Department of Housing and Community Development, a principal department of the State.
(7) "Local government" has the meaning stated in COMAR 05.17.01.02A.
(8) "Nonprofit organization" has the meaning stated in COMAR 05.17.01.02A.
(9) "Priority funding area" has the meaning stated in COMAR 05.17.01.02A.
(10) "Secretary" means the Secretary of Housing and Community Development.
(11) "Sponsor" has the meaning stated in COMAR 05.17.01.02A.
(12) "Subcabinet" means the smart growth cabinet defined in State Government Article, §
										9-1406, Annotated Code of Maryland.
(13) "Sustainable community" means the part of a priority funding area that:
(a) Has been designated as a sustainable community in accordance with this chapter;
(b) Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or
(c) Has been designated as a transit-oriented development under Transportation Article, §
											7-101, Annotated Code of Maryland.
(14) "Sustainable community plan" means a plan, consisting of one or more community legacy projects or other revitalization projects, to prevent or reverse the decline of or disinvestment in a sustainable community through improvements in residential, commercial, or other public or private properties.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.03 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application for a sustainable community designation shall be submitted to the Department in accordance with the schedule that the Department establishes.
B. An application shall:
(1) Be on standard forms prescribed by the Department and Subcabinet;
(2) Be submitted by a local government or local governments that comply with the minimum eligibility requirements set forth in COMAR 05.17.01.03A(2)-(4);
(3) Provide a detailed map and description of the proposed sustainable community;
(4) Provide a sustainable community plan;
(5) Specify the ability of a Sponsor to carry out the proposed sustainable community plan;
(6) Describe the strength and quality of partnerships created among the federal government, the State government, local governments, political subdivisions, community development organizations, and other private organizations to develop the sustainable community plan, including:
(a) Financial support;
(b) Dedication of staff and resources; and
(c) Commitment to and development of local smart growth policies;
(7) Describe proposed benchmarks for evaluating whether the proposed sustainable community plan results in a desired outcome for a proposed sustainable community, such as:
(a) Stabilization;
(b) Reversal of social, economic, or physical decline; or
(c) Development of social, economic, or physical improvements;
(8) Describe the process used to seek and receive public input on the proposed sustainable community plan or community legacy project, including the nature and extent of public support or opposition; and
(9) Contain a resolution of support for the proposed area from the local government(s) in whose jurisdiction(s) the area is located.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.04 - Application Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Evaluation.
(1) Each application shall be submitted to the Department to determine whether all of the information required under Regulation .03 of this chapter is contained in the application.
(2) Upon receipt of all required information, the Department shall:
(a) Convene an interagency review team from the agencies of the Subcabinet to:
(i) Review applications and plans;
(ii) Provide assistance and guidance to applicants; and
(iii) Make recommendations to the Secretary.
(b) Accept public input on the application;
(c) Refer the application to other State agencies for comment, as the Department considers appropriate;
(d) Consider any recommendation from a State unit or member of the Subcabinet;
(e) Consider geographic balance when reviewing applications; and
(f) Analyze each application as to determine whether the proposed sustainable community merits designation.
(3) The Department, in its discretion, may request additional information from the Sponsor concerning an application, including oral presentations.
(4) Upon completion of the requirements in §A(1)-(3) of this regulation, the Department shall make a recommendation on the application to the Secretary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.05 - Designation of a Sustainable Community

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Subcabinet, on the recommendation of the Secretary, may designate an area as a sustainable community.
B. If the Subcabinet has not acted within 90 days of a recommendation from the Secretary, the Secretary may designate an area as a sustainable community without the approval of the Subcabinet.
C. Denial of Applications. If the Subcabinet or the Secretary, acting under §B of this regulation, determines not to designate all or part of an area as a sustainable community, such party shall issue a written notice of denial with an evaluation and explanation of the denial.
D. Reconsiderations.
(1) An applicant may request initial reconsideration of a denial by submitting a written request to the party that issued the denial notice.
(2) The request for reconsideration must be received within 30 days following the date of the denial notice.
(3) The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration of the application.
(4) The Subcabinet or Secretary, as applicable, shall respond in writing to the applicant's request for reconsideration within 90 days of receipt of the request for reconsideration.
(5) An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02A.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.06 - Maintaining a Sustainable Community Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. To maintain a sustainable community designation, a local government or local governments shall file an updated plan and application with the Department every 5 years
B. Regulations .03-.05 of this chapter shall apply to the procedures and approval process for redesignating and maintaining a sustainable community designation.
C. The Department may establish an abbreviated application for redesignating and maintaining a sustainable community designation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.02 - Designation of Sustainable Community › Section 05.17.02.07 - Modification of a Sustainable Community Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local government or local governments may submit modifications to a sustainable community designation to the Department in accordance with the schedule that the Department establishes.
B. The subcabinet, on the recommendation of the Secretary, may approve modifications to a sustainable community designation.
C. Regulations .03-.05 of this chapter shall apply to the procedures and approval process for modifying a sustainable community designation.
D. The Department may establish an abbreviated application for modifying a sustainable community designation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.03 - Designation of Neighborhood Conservation Areas › Section 05.17.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe the procedure for designating Neighborhood Conservation Areas by the Department upon request of a local government under Tax-Property Article, §9-255, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.03 - Designation of Neighborhood Conservation Areas › Section 05.17.03.02 - 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) "Act" means Housing and Community Development Article, Title 6, Subtitle 3, Annotated Code of Maryland.
(2) "Application" means an application to the Department as described in Regulation .03 of this chapter.
(3) "Department" means the Department of Housing and Community Development, a principal department of the State.
(4) "Local government" has the meaning stated in COMAR 05.17.01.02A.
(5) "Priority funding area" has the meaning stated in COMAR 05.17.01.02A.
(6) "Secretary" means the Secretary of Housing and Community Development.
(7) "Sustainable community" means the part of a priority funding area that:
(a) Has been designated as a sustainable community in accordance with Title 6, Subtitle 02 of the Act;
(b) Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or
(c) Has been designated as a transit-oriented development under Transportation Article, §
											7-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 17 - COMMUNITY LEGACY › Chapter 05.17.03 - Designation of Neighborhood Conservation Areas › Section 05.17.03.03 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application for Neighborhood Conservation Area designation shall be submitted by a local government to the Department in accordance with the schedule that the Department establishes.
B. An application shall:
(1) Be on standard forms prescribed by the Department;
(2) Provide a detailed map of the proposed neighborhood conservation area including electronic geographic information system (GIS) shape files;
(3) Provide a description of the proposed neighborhood conservation area including:
(a) The concentration of foreclosure activity;
(b) The concentration of blighted or vacant properties; and
(c) Housing market trends over time;
(4) Describe whether the proposed neighborhood conservation area includes a sustainable community or is located near a sustainable community; and
(5) Describe the process used to seek and receive public input on the proposed neighborhood conservation area, including the nature and extent of public support or opposition.