reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.08 - Loan Terms and Requirements for Secured Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Security for Loans.
(1) Amortizing loans of $5,000 or less shall be evidenced by a promissory note and other documents as may be required by the Department.
(2) All deferred payment loans and all amortizing loans in excess of $5,000 shall be secured by a mortgage or deed of trust in the form required by the Department, which shall be recorded in the land records of the county in which the building is located.
(3) Loans to political subdivisions may be secured by a recorded mortgage or deed of trust on real property, or by another security device acceptable to the Department.
(4) The lien of the mortgage or deed of trust:
(a) May be subordinate to other liens or recorded mortgage liens if superior mortgagees provide any consents required under the superior mortgage loan documents or by the Program; and
(b) May not be subordinate to a tax lien.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.09 - Grant Terms and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements for Grants. In order to be eligible for a grant, the following requirements shall be met:
(1) A grantee shall meet the requirements of Regulation .03A of this chapter;
(2) The property shall be located in a target area as defined in Regulation .02B of this chapter, or the lead hazard reduction activity that the applicant proposes to use is one that the Program recognizes as testing an innovative or unproven method of lead hazard reduction; and
(3) A grantee shall provide evidence satisfactory to the Program to show that either:
(a) Based on Program underwriting:
(i) For an owner-occupant, there is insufficient household income to make loan payments; or
(ii) For an owner-landlord, there is insufficient income from the property to make loan payments; or
(b) The property does not have sufficient value to secure other financing.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.10 - Loan and Grant Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Procedures In General. The Department shall establish application procedures for local administrators to follow. These procedures may be amended from time to time and shall be binding on all applicants. Alternative procedures may not be used without the prior approval of the Department.
B. Application Forms. All loan and grant applications shall be made upon standard forms described by the Department.
C. Application Fee. Upon submission of a loan or grant application, the applicant may be required to pay an application fee in an amount set by the local administrator, subject to approval by the Department.
D. Documentation.
(1) The applicant shall submit with the application any documentation that the Department requires.
(2) The applicant ;may submit supporting documentation specified in the checklist attached to the application, including but not limited to, the following:
(a) A copy of the deed to the property;
(b) A copy of the first page and declarations page of all policies for fire and extended coverage insurance and, if applicable, flood insurance;
(c) A copy of the most recent real estate tax bill which sets forth the current assessed value of the building and the property;
(d) A copy of lead-testing results and any inspection reports for the property;
(e) Contractor's proposal outlining the cost and proposed lead hazard reduction activity to achieve compliance with MDE regulations; and
(f) Evidence that the property is registered as required under the Lead Poisoning Prevention Program.
(3) A loan applicant shall submit the following additional documentation:
(a) Any documentation required by the Department to establish the eligibility and creditworthiness of the applicant;
(b) For the 1 year immediately preceding the application:
(i) Copies of federal income tax returns; or
(ii) Sufficient documentation to verify income as determined by the Program.
(4) In addition, an owner-landlord applicant shall submit the following documentation:
(a) If applicable, certified copies of the organizational documents of the owner-landlord and a certificate of good standing;
(b) If applicable, resolutions of the board of directors or consents of all of the partners authorizing the application;
(c) Photographs of the building and site;
(d) For secured loans, evidence that the property is a separate subdivided lot and a separate tax lot, if the building is nonresidential or has more than four dwelling units; and
(e) Evidence of zoning compliance.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.11 - Loan and 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 local administrator for an 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 for a loan or grant, an appropriate verification form shall be distributed and credit reports shall be obtained.
(3) If an applicant is determined preliminarily to be eligible for a grant or loan, the applicant may be provided with a letter from the local administrator in the form approved by the Program acknowledging receipt of the application and notifying the applicant of the ongoing review process.
(4) If the applicant is ineligible for a grant or loan, the applicant shall be informed in writing of the determination and the reasons for the determination.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.12 - Loan and Grant Closings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place. The loan or grant closing shall be scheduled at a time and place mutually acceptable to the applicant and the local administrator, through a closing officer serving the applicant's area and otherwise acceptable to the local administrator.
B. Loan and Grant Documents.
(1) Loan and grant document forms shall be provided by the Program and may not be altered by the local administrator.
(2) Loan and grant documents shall be executed on behalf of the Department by the officer or employee authorized to do so by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.13 - Contractor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. A contractor and subcontractor:
(1) For lead abatement and risk reduction projects, shall have successfully completed, along with all workers in the firm, any training and accreditation course on lead abatement procedures required by MDE in accordance with COMAR 26.16.01;
(2) Shall be licensed by the Maryland Home Improvement Commission, if applicable, or otherwise meet all other State and local licensing requirements;
(3) Shall be qualified to do business in the State;
(4) Shall be able to demonstrate to the satisfaction of the Department the ability to complete the lead hazard reduction activity, including any evidence of previous professional experience;
(5) May not be suspended or debarred from the Department's programs under any action under COMAR 05.01.05;
(6) Shall agree in the contract to:
(a) Perform all work:
(i) In conformance with the contract and applicable laws, local codes, and Departmental rehabilitation standards, whether or not covered by the work write-up and drawings for the work; and
(ii) In a competent, workmanlike manner, equal to the standards of the industry;
(b) Comply with applicable laws, ordinances, and regulations relating to the protection and safety of persons or property;
(c) Furnish all labor, materials, and equipment, and obtain all licenses, permits, insurance coverage, and workers' compensation as may be required to complete the project;
(d) Not assign the contract without prior written consent of the owner and approval of the local administrator;
(e) In addition to the remedies and guarantees provided by law, and at the contractor's expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or nonstructural, as shall become necessary by reason of faulty workmanship or material, which appear within:
(i) 1 year from the date the notice of completion is filed;
(ii) A longer period if a longer guarantee period is specified for particular materials or workmanship under the plans and specifications; or
(iii) A longer period, if Maryland law so provides;
(f) Complete all specifications of the proposal within the completion date, as specified in the contract;
(7) Shall indemnify and hold the Department harmless from all liability and loss because of injury to or death of a person or damage to property which may occur or be alleged to occur during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractors, or their agents, servants, and employees, and defend all suits or claims involving these at the contractor's or subcontractor's sole cost and expense.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.14 - Construction Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits. If required by MDE or by local law, building or rehabilitation permits shall be obtained and posted at the project before the beginning of construction.
B. Contract Documents.
(1) Work done, materials supplied, and construction procedures employed shall comply with all contract documents and applicable codes and standards, including those set forth in this chapter and any others established by the Department or MDE. Contract documents include, without limitation:
(a) Rehabilitation loan agreement;
(b) Change orders;
(c) Certification of structural and mechanical soundness;
(d) Instructions to bidders;
(e) Specifications;
(f) Drawings, if applicable; and
(g) Contractor's proposal.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.15 - Loan and Grant Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) The local administrator shall monitor loan and grant disbursements during lead hazard reduction work to assist the borrower and to ensure that loan funds are properly used.
(2) The local administrator shall make at least two inspections of the project, an initial inspection and an inspection before any disbursement of funds.
(3) Based on Program guidelines, the local administrator shall determine the frequency and level of inspections during lead hazard reduction work, taking into consideration:
(a) The capability of the borrower;
(b) The demonstrated experience and reliability of the contractor;
(c) The amount of the grant or loan;
(d) The availability of local technical assistance; and
(e) Other factors considered relevant by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.16 - Certification of Local Governments as Local Administrators

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The Department recognizes that the most effective housing programs of this kind are those administered at the local level. Therefore, each political subdivision is encouraged and expected to develop the capacity to originate and administer Program loans. While the Department has the authority to originate and administer grants and loans, the Department does not plan to operate a program for a political subdivision. The Department reserves the right, however, to originate or administer Program grants and loans at its discretion.
B. Certification of Level I Local Administrators. The Department may certify a political subdivision to originate and administer grants and loans when the political subdivision meets the following minimum criteria to the satisfaction of the Department:
(1) The political subdivision shall be able to provide staff to perform adequately the functions of the following positions:
(a) A rehabilitation director, experienced in operating a rehabilitation program, supervising employees, and dealing with the public;
(b) A building inspector, experienced in residential rehabilitation, cost estimation, writing specifications, blueprint reading, and residential inspections, and trained to understand and apply the appropriate codes and rehabilitation standards;
(c) A loan underwriter, experienced in mortgage lending and financial processing of loans; and
(d) Clerical and administrative staff trained to ensure prompt and efficient processing of applications, draw schedules, and other required items;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.17 - Program Fund Allocations; Reservation 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 Statewide. Monies appropriated to the Program may be made available Statewide on a first-come, first-served basis, subject to §B of this regulation. If the number of applications in process is insufficient to commit all monies appropriated to the Program within 6 months of the date of the appropriation, the Department may reallocate remaining funds to other programs authorized under the Act.
B. The Department may set aside a portion of funding for owner-occupants.
C. From time to time, the Department may establish limitations on the percentage or amount of Program funding which may be used for grants and deferred payment loans.
D. Reservation of Funds.
(1) The Department may provide forward commitments of funds to nonprofit sponsors and local governments to provide Program financing to eligible grantees or borrowers, in accordance with these regulations and on any additional terms set by the Department.
(2) The nonprofit sponsor shall be engaged in a project to provide affordable housing or medical treatment for lead poisoning.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.18 - Nondiscrimination; Alcohol and Drug Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A borrower, contractor, local administrator, or subcontractor 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 borrower, contractor, local administrator, or subcontractor in connection with any property financed or assisted under the Program.
B. Each borrower, contractor, local administrator, and subcontractor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and 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) The Fair Housing Amendments Act of 1988, as amended;
(4) The Department's Minority Business Enterprise Program, as amended;
(5) The Americans with Disabilities Act of 1990, as amended;
(6) State Government Article, Title 20, Annotated Code of Maryland, as amended; and
(7) 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.19 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The borrower, contractor, 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.
C. The books, accounts, and records of a local agency shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the borrower and the Department. The books, accounts, and records of the contractor and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationships between the contractor and subcontractors and the borrower.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.20 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Combining with Other Loans and Grants. A program loan or grant may be made in conjunction with other federal or State loan or grant programs, if the requirements of the Act and this chapter are met.
B. Program Guidelines. The Department may establish from time to time detailed Program guidelines containing underwriting standards, loan and grant processing requirements, and other requirements or matters relating to the Program or to the financing of loans and grants. Copies of these guidelines shall be available for examination at the offices of a local administrator and at the Department's principal office. The Department, upon request, shall provide copies to the public for a reasonable charge.
C. Fees. The Department may charge commitment fees, application fees, closing fees, or other fees, charges, or penalties to applicants, borrowers, or other individuals or entities that participate in the Program. The Department may restrict the fees and charges that servicers, local administrators, or other Program participants obtain from borrowers or applicants.
D. Delegation. The Secretary may delegate to the Director, the Program Director, or to any other official or employee of the Department the authority to execute or approve Program documents or loan and grant documents, including commitments and agreements with local administrators. In addition, through the agreement with the local administrator, specific staff members of the local administrator may be authorized by the Department to execute loan and grant documents on behalf of the Department.
E. False Statements. A borrower 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 loan, is subject to immediate acceleration of the loan, in addition to the penalties authorized by Housing and Community Development Article, §
									4-712, Annotated Code of Maryland.
F. Waiver. The Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with the Act if:
(1) Conformance to the requirements of any federal, State, or local program used in connection with a loan or grant 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 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making loans to adapt existing housing to provide accessory, shared, and sheltered housing facilities.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objectives of the Program are:
A. To make loans to or for the benefit of individuals with limited incomes to finance rehabilitation projects to provide housing opportunities for families of limited income by creating accessory, shared, and sheltered housing facilities; and
B. To develop the capacity of political subdivisions to administer the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.04 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify for a loan, an owner-occupant shall meet the following requirements, which shall be met jointly and separately by all applicants if there is more than one applicant:
(1) Reside, or intend to reside, in the property after completion of the rehabilitation;
(2) Hold title to the property for which the loan is made in fee simple or under a freely transferable ground rent lease;
(3) Demonstrate creditworthiness and repayment ability, in the estimation of the Department; and
(4) Have income at a level that the Secretary has determined renders the applicant unable to afford or secure private financing to rehabilitate the property.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.05 - Property Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All properties shall meet the following requirements:
(1) Be located within the State;
(2) Be owned by an eligible borrower who shall provide assurance of title or evidence of ownership acceptable to the Department;
(3) When the project is complete, be in compliance with zoning requirements; and
(4) Be structurally and mechanically sound, except as permitted under §B of this regulation, such that:
(a) There are no physical conditions that endanger the life, property, safety, or welfare of the occupants or the public, and
(b) The property is in full compliance with all applicable housing codes and standards.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.06 - Eligible Improvements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Proceeds of a loan may finance the following improvements:
(1) Repairs, improvements, and modifications to existing dwelling units, to the extent required by applicable codes and standards relating to accessory, shared, or sheltered housing facilities;
(2) Additions, modifications, and improvements, including all fixtures and finishes, necessary to create accessory, shared, or sheltered housing facilities.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.07 - Loan Terms and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum Loan Amount.
(1) The maximum loan amount, when added to any indebtedness secured by the property, may not exceed 95 percent of the after-rehabilitation value of the property.
(2) If 100 percent of the units are subject to a federal rent subsidy which is allocated to the project for the entire term of the loan, then the 95 percent loan-to-value ratio required by §A(1) of this regulation may be raised to 100 percent.
(3) Deferred loans in amounts greater than or equal to $25,000 may not exceed an amount which, when added to any prior debts secured by the property would equal 85 percent of the market value of the property after rehabilitation as determined by the Department or the local administrator unless, in the written determination of the Program Director, extraordinary or emergency circumstances justify an amount up to 95 percent of the after-rehabilitation value.
(4) If, in the determination of the Program Director, a loan increase is necessary to assure completion of the building and protect the Department's interest, an increase in the mortgage not to exceed 10 percent may be made to cover extraordinary and unforeseen construction problems provided the increase can be made within the limits on maximum loan amounts set forth in A(1)-----(3) of this regulation.
(5) Closing costs as defined in Regulation .03B(4) of this chapter may be included in loans on owner-occupied dwellings, provided the loan does not exceed the limits on the maximum loan amount set forth in A(1)-----(3) of this regulation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.08 - Loan Terms and Requirements-Deferred Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulation .07 of this chapter, deferred loans shall meet the following additional requirements in B-----E of this regulation.
B. Eligibility. The following borrowers may be eligible for loans which defer payment of principal or interest or both:
(1) An owner-occupant who is a family of very low income and whose accessory housing unit tenant is a family of very low income;
(2) An owner-occupant who is a family of very low income and whose shared housing facility tenant or tenants are families of very low income; and
(3) Sheltered housing sponsors of properties occupied entirely by tenants who are families of very low income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.09 - Loan Terms and Requirements for Secured Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulations .07 and .08 of this chapter, secured loans shall meet the following requirements in B-----D of this regulation.
B. Deed of Trust. The deed of trust shall secure repayment of the loan by the granting of a valid lien on the property.
C. Escrow Account. If there is no prior mortgage requiring the payment of expenses to a mortgagee, the borrower shall make monthly expense payments, in escrow, to the Department consisting of 1/12 of annual real estate taxes, ground rent, property insurance premiums and, when appropriate, other items for which payments are required by the Department. Interest need not be paid to borrowers on escrowed monies except as required by law.
D. Title Insurance. For all loans in excess of $30,000, the Department, in its discretion, may require the borrower to provide a standard American Land Title Association (ALTA) Loan policy, with the Environmental Endorsement 8.1, or other form of title policy approved by the Department and the Office of the Attorney General for an amount equal to the maximum principal amount of the loan, insuring the Department, evidencing that title to the building on the date of closing is vested in the borrower, and containing only standard exceptions and encumbrances acceptable to the Department and the Office of the Attorney General.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.11 - Loan 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 local administrator for an 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, appropriate verification forms shall be distributed, credit reports shall be obtained, and the applicant may be provided with a letter from the local administrator in the form approved by the Program acknowledging receipt of the application and notifying the applicant of the ongoing review process.
(3) If the applicant is ineligible for a loan, 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 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.12 - Loan Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place. The loan closing shall be scheduled at a time and place mutually acceptable to the applicant and the local administrator, through a closing officer serving the applicant's area and otherwise acceptable to the local administrator.
B. Loan Documents.
(1) Loan document forms shall be provided by the Program and may not be altered by the local administrator.
(2) Loan documents shall be executed on behalf of the Department by the officer or employee authorized to do so by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.13 - Contractor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. All contractors and subcontractors:
(1) Shall be licensed by the State, the local political subdivision, or the Maryland Home Improvement Commission, as applicable, to do the work required under the contract;
(2) Shall be qualified to do business in Maryland;
(3) Shall be able to demonstrate to the satisfaction of the Department the ability to complete the rehabilitation work, which evidence may include previous professional rehabilitation experience;
(4) May not be suspended or debarred from the Department's programs pursuant to any action under COMAR 05.01.05;
(5) Shall agree in the contract to:
(a) Perform all work:
(i) In conformance with the contract and all applicable laws, local codes, and Departmental rehabilitation standards, whether or not covered by the work write-up and drawings for the work, and
(ii) In a competent, workmanlike manner, equal to the standards of the industry;
(b) Comply with all applicable laws, ordinances, and regulations relating to the protection and safety of persons or property;
(c) Furnish all labor, materials, and equipment, and obtain all licenses, permits, insurance coverage, and workers' compensation as may be required to complete the rehabilitation;
(d) Not assign the contract without prior written consent of the owner and approval of the local administrator;
(e) In addition to all remedies and guarantees provided by law, and at the contractor's expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or nonstructural, as shall become necessary by reason of faulty workmanship or material, which appear within:
(i) 1 year from the date the notice of completion is filed,
(ii) A longer period if any longer guarantee period is specified for any particular materials or workmanship under the plans and specifications, under a subcontract, in connection with any manufactured unit which is installed in the structure, or
(iii) A longer period, if Maryland law so provides;
(f) Complete all specifications of the proposal within the completion date, which may not exceed 12 months from the date of the loan closing unless a longer period is approved in writing by the Department;
(6) Shall indemnify and hold the Department harmless from all liability and loss because of injury to or death of a person or damage to any property which may occur or be alleged to occur during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractors, or their agents, servants, and employees, and defend all suits or claims involving the above at its sole cost and expense.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.14 - Construction Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits. If required by local law, building or rehabilitation permits shall be obtained and posted at the project before the beginning of construction.
B. Contract Documents.
(1) Work done, materials supplied, and construction procedures employed shall comply with all contract documents and applicable codes and standards, including those set forth in these regulations and any others established by the Department. Contract documents include, without limitation:
(a) Rehabilitation loan agreement;
(b) Change orders;
(c) Certification of structural and mechanical soundness;
(d) Instructions to bidders;
(e) Specifications;
(f) Drawings, if applicable; and
(g) Contractor's proposal.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.15 - Loan Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) The local administrator shall monitor loans and disbursement of loan funds during rehabilitation to assist borrowers and to assure that loan funds are properly used.
(2) Based on Program guidelines, the local administrator shall determine the frequency and level of inspections during rehabilitation, taking into consideration:
(a) The capability of the borrower;
(b) The demonstrated experience and reliability of the contractor;
(c) The amount of the loan;
(d) The availability of the local technical assistance; and
(e) Other factors considered relevant by the Department.
(3) The local administrator may charge borrowers a fee for inspections during rehabilitation, as approved by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.16 - Certification of Local Governments as Local Administrators

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Department recognizes that the most effective housing programs of this kind are those administered at the local level. Therefore, each political subdivision is encouraged and expected to develop the capacity to originate and administer Program loans. While the Department has the authority to originate and administer loans, the Department does not plan to operate a program for a political subdivision. The Department reserves the right, however, to originate and administer Program loans at its discretion.
B. Certification of Level I Local Administrators. The Department may certify a political subdivision to originate and administer loans when the political subdivision meets the following minimum criteria to the satisfaction of the Department:
(1) The political subdivision shall be able to provide staff to perform adequately the functions of the following positions:
(a) A rehabilitation director, experienced in operating a rehabilitation program, supervising employees, and dealing with the public,
(b) A building inspector, experienced in residential rehabilitation, cost estimation, writing specifications, blueprint reading, and residential inspections, and trained to understand and apply the appropriate codes and rehabilitation standards,
(c) A loan underwriter, experienced in mortgage lending and financial processing of loans, and
(d) Clerical and administrative staff trained to ensure prompt and efficient processing of applications, draw schedules, and other required items;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.17 - Certification of Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification of Borrower's Household Income.
(1) At initial occupancy, and at least every 5 years after that, each borrower shall submit to the Department a signed certificate of annual income for each member of the household 18 years old or older, along with verification documentation acceptable to the Department.
(2) The exception set forth in §A(1) of this regulation does not apply to accessory loan borrowers whose eligibility depends on tenant household income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.18 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A borrower, contractor, local administrator, or subcontractor 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 borrower, contractor, local administrator, or subcontractor in connection with any property financed or assisted under the Program.
B. Each borrower, contractor, local administrator, and subcontractor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and 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) The Fair Housing Amendments Act of 1988, as amended;
(4) The Department's Minority Business Enterprise Program, as amended.
(5) The Americans with Disabilities Act of 1990, as amended;
(6) State Government Article, Title 20, Annotated Code of Maryland, as amended; and
(7) 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.19 - Program Fund Allocations

Current through Register Vol. 51, No. 14, July 12, 2024
It is the intent of the Department that Program funds be distributed Statewide. Monies appropriated to the Program shall be made available Statewide on a first-come, first-served basis.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.20 - Rehabilitation Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications by a political subdivision for use of Program funds shall comply with a rehabilitation plan periodically prepared by the political subdivision and submitted to the Department.
B. A rehabilitation plan includes the following:
(1) Documentation that a political subdivision is capable of satisfying the requirements to be a level I or level II local administrator as described in Regulation .16 of this chapter;
(2) A map of the jurisdiction showing the location and boundaries of neighborhood revitalization areas, and any other areas in which loans will be used in conjunction with federal programs assisting the rehabilitation of housing;
(3) As an attachment, any locally approved plans or programs or neighborhood revitalization with supporting data, including a description of housing conditions, general social and economic characteristics, and identification of public improvements or services recently implemented or planned for the area; and
(4) A description of the manner in which funds are to be used.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.21 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Borrowers, 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.
C. Books, accounts, and records of a borrower shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the borrower and the Department. 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 relationships between them and the borrower.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.08 - Accessory, Shared, and Sheltered Housing Program › Section 05.04.08.22 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Combining with other Loans and Grants. Program loans may be made in conjunction with other federal or State loan or grant programs, provided the requirements of the Act and these regulations are met. The Program shall be administered to the extent possible to ensure maximum utilization of available federal funds.
B. Program Guidelines. The Department may establish from time to time detailed Program guidelines containing underwriting standards, loan processing requirements, and other requirements or matters relating to the financing of loans or to the Program. Copies of these guidelines shall be available for examination at the offices of any local administrator and at the Department's principal office. The Department, upon request, shall provide copies to the public for a reasonable charge.
C. Fees. The Department may charge commitment fees, application fees, closing fees, or other fees, charges, or penalties to applicants, borrowers, or other individuals or entities that participate in the Program. The Department may restrict the fees and charges that servicers, local administrators, or other Program participants obtain from borrowers or applicants.
D. Delegation. The Secretary may delegate to the Director, the Program Director, or to any other official or employee of the Department the authority to execute or approve any program documents or loan documents, including loan commitments and agreements with local administrators. In addition, through the agreement with the local administrator, specific staff members for the local administrator may be authorized by the Department to execute loan documents on behalf of the Department.
E. False Statements. Any borrower 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 loan, shall be subject to immediate acceleration of the loan, in addition to the criminal 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, State, or local programs used in connection with a loan 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 any 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 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.09 - Group Home Financing Program › Section 05.04.09.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Program is to provide loans to sponsors to finance or refinance the costs of acquiring, constructing, and modifying buildings which will provide group homes for low income, elderly, handicapped, disabled, and other citizens of the State with special housing needs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.09 - Group Home Financing Program › Section 05.04.09.04 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
Group home sponsors shall meet the following minimum requirements to receive a loan:
A. Be:
(1) An individual; or
(2) A nonprofit organization or qualified limited partnership that is in good standing and qualified to do business in Maryland;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.09 - Group Home Financing Program › Section 05.04.09.05 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Buildings or properties to be acquired, constructed, modified, or refinanced with proceeds of a loan for the purpose of providing group homes shall meet the following requirements:
(1) Be located within the State;
(2) Be in compliance with zoning requirements for the proposed use;
(3) Provide:
(a) Common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities, or
(b) Emergency and temporary housing facilities for homeless persons;
(4) Provide supportive services or supervisory personnel as may be considered necessary by the sponsor or required by any licensing agency;
(5) Be in good repair and in compliance with applicable codes and standards, or be able to be made so with the proceeds of the loan or through other sources of funds, which may be a senior or a subordinate loan with terms and conditions acceptable to the Department; and
(6) Be adaptable for use as a group home by persons with special housing needs.