reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.12 - Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Commitment for Insurance. Before issuing a commitment for a loan, the Administration shall have secured a mortgage insurance commitment.
B. Commitment.
(1) Except in the case of an emergency when urgent action is required, the Director shall submit all loans above a minimum amount, determined by the Housing Finance Review Committee established under Housing and Community Development Article, §
										4-208, Annotated Code of Maryland, to the Committee for review and recommendation to the Secretary for approval, disapproval, or modification of the loan and the terms of the loan. At the discretion of the Administration, loans in an amount below the minimum amount established for the Housing Finance Review Committee need not be submitted to the Committee for review and recommendation. The Secretary, in accordance with Regulation .19E of this chapter, may delegate the review and approval of these loans.
(2) After receipt of a recommendation of the Housing Finance Review Committee, the Secretary may approve, disapprove, or modify the loan and the terms of the loan. In an emergency, when urgent action is required and for loans below the minimum amount established for the Housing Finance Review Committee, the Secretary may approve a loan without the recommendation of the Committee.
(3) The Secretary shall execute a written determination that each loan is to finance a special housing facility authorized by the Act, before the issuance of a commitment to make a loan or purchase a loan.
(4) Upon approval of a loan and execution of a determination, the Administration shall issue a commitment letter setting forth:
(a) The amount of the loan;
(b) The interest rate on the loan; and
(c) Other terms and conditions that the Administration considers appropriate for the loan or the project.
(5) The Administration shall specify a time limit within which the initial closing of the loan shall occur, which time limit may be extended in the Administration's sole discretion. If initial closing does not occur within the time limit specified by the Administration, the Administration may use the moneys committed for loan for any other loan or purpose authorized by the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.13 - Loan Closing Procedures-All Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. The sponsor shall furnish or cause to be furnished to the Administration and the Office of the Attorney General satisfactory evidence of compliance with the terms and conditions of the loan before closing of the loan.
B. The Administration shall require the sponsor to execute legal documents for closing in the form prescribed by the Administration. Only those modifications to the form documents necessitated by the business terms shall be approved for form and legal sufficiency by the Office of the Attorney General.
C. Upon approval by the Administration and the Office of the Attorney General of the loan documents and a binder for title insurance, loan closing shall be scheduled at a time and place acceptable to the sponsor and the Administration through an approved title company.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.14 - Loan Procedures-Construction or Rehabilitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Construction Period Disbursements. If the loan finances construction or rehabilitation, the Administration shall:
(1) Conduct on-site inspections of the construction;
(2) Make construction loan disbursements on the basis of work-in-place, plus materials acceptably stored on-site, less a retention of up to 10 percent of the construction request; and
(3) Make disbursement for materials acceptably stored off-site, if the materials are:
(a) In a bonded warehouse;
(b) Set aside and labeled with the project's name;
(c) Inspected by the Administration's inspector;
(d) Insured with the Administration as a named insured; and
(e) Documented by evidence of payment for the materials.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.15 - Fees, Program Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amounts and time of payment of application fees, construction financing fees, permanent loan commitment fees, closing fees, issuance fees, and other fees as may be required by the Administration shall be as provided in a fee schedule set forth and revised from time to time by the Administration.
B. The Administration 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 mortgage loans or to the program which do not directly affect the rights of the public or the procedures available to the public.
C. Copies of the fee schedule and guidelines shall be available for examination at the Administration's principal office. The Administration shall make copies available to the public upon request.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.16 - 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 Administration such financial and other reports as the Department from time to time may require.
B. The books, accounts, and records required to be maintained by §A of this regulation 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:
(1) The 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;
(2) 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 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.17 - Certification of Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. The sponsor shall obtain verification of income from all those who occupy or apply to occupy the project, in a form acceptable to the Administration. For projects where existing residents will continue in occupancy after the loan is made, the sponsor shall obtain income verifications from not less than 51 percent of the residents who satisfy the income limitations established under Regulation .05 of this chapter before initial loan closing. The sponsor shall file with the Administration, at least annually, a report disclosing the income of all individuals in residency or selected for residency.
B. Annual recertifications of income shall be undertaken by the sponsor. Documentation and income verification shall be maintained at the project for a period of at least 3 years from the date on which the application for occupancy is submitted to the sponsor. The sponsor shall make the documentation available for review by the Administration at the Administration's request.
C. The sponsor shall submit such annual or other reports relating to the occupancy of the project and the income of residents occupying the project as may be requested by the Administration.
D. The purpose of the certification of income and the reports is to assure compliance with the upper income limits required by Housing and Community Development Article, §
									4-212, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.18 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor or contractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, 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 or contractor in connection with any property financed or assisted under the program.
B. Each sponsor and contractor 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) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Americans with Disabilities Act of 1990, as amended;
(6) Executive Order 01.01.1991.16C relating to drug-free and alcohol-free work places, and any Departmental regulations adopted to carry out more specifically the requirements of the order.
(7) 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.11 - Special Housing Opportunities Program › Section 05.04.11.19 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of Bonds. The Administration may obtain funds for loans to finance projects from any source authorized by law, particularly by issuing bonds payable from revenues of the projects. In the event of any conflict, whether expressly so stated, the rights of sponsors or mortgagors under any mortgage or accompanying agreement with the Administration, which mortgage is financed by notes or bonds issued pursuant to a certificate of authorization or bond resolution, are subject to the rights of holders and owners of the Administration's bonds issued under the authorizing certificate or resolution.
B. Project Selection. The Administration may, in its sole discretion, finance particular projects and decline to finance otherwise eligible projects based on its assessment of the project's overall merit and its merit relative to competing alternatives.
C. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act or contrary to the provisions of any applicable bond certificate or resolution:
(1) To conform to the requirements of the Internal Revenue Code, the bond documents, and any federal agency in connection with any project with respect to which federal assistance is sought; or
(2) In exceptional circumstances, if, in the written determination of the Secretary, the application of these regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act, and waiver or variance of the specific regulations would not adversely impact the interest of any bond holders under the bond certificate or resolution.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making construction, preconstruction, and land bank loans to nonprofit organizations and local governments.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objectives of the program are to provide:
A. Construction-only financing to sponsors to acquire, construct, or rehabilitate adequate, safe, and sanitary single family and rental properties for occupancy by families of limited income, when permanent financing is assured;
B. Financing to sponsors for preconstruction costs for the development of housing for occupancy by families of limited income, to eligible properties where construction and permanent financing is assured; and
C. Land bank financing to local governments for the acquisition of land or interests in land to be held for future development of housing for occupancy by families of limited income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.04 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
Sponsors shall meet the following requirements to qualify for a loan:
A. Be a nonprofit organization, local government, individual, corporation, or partnership, except that only a local government is eligible for a land bank loan.
B. If a nonprofit organization, corporation, or partnership, be in good standing and qualified to do business in Maryland.
C. Have the legal capacity and all necessary authorization to incur the obligations of the loan.
D. Own the project, have a valid sales contract to purchase the project, or have an option on or agreement of understanding acceptable to the Administration to purchase the project.
E. In the determination of the Administration, be unable to secure a construction, preconstruction, or land bank loan from a private lending institution without impairing the feasibility of the project's serving the income levels of the proposed future occupants, or be ineligible for land bank financing or for combination construction and permanent financing through other public lending programs or programs of the Administration or Department.
F. If the loan is for a rental property project, agree in writing that 100 percent of the dwelling units will be occupied upon completion of the project by families of limited income, and that best efforts will be undertaken to ensure that 50 percent of the dwelling units are occupied by families of very limited income.
G. If the loan is for homeownership properties, agree in writing that all the residences will be sold initially to families of limited or very limited income who will occupy them as their principal residence.
H. Except for land bank loans, have a commitment in a form acceptable to the Administration for permanent mortgage financing or have a letter of intent, from a lender or public program, acceptable to the Administration, to provide permanent financing upon completion of construction or rehabilitation of the project.
I. Agree in writing to abide by all requirements of:
(1) Title VI and VII of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968;
(2) The provisions of the Governor's Code of Fair Practices, as amended;
(3) The Department's Minority Business Enterprise Program, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.05 - Eligible Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. Projects shall be properly zoned for the proposed use.
B. Projects other than land banking projects shall meet these additional requirements:
(1) Have available a safe, sanitary, and adequate water supply and sewage system;
(2) Be rehabilitated or constructed in accordance with the applicable codes and standards; and
(3) Provide homeownership or rental property to families of limited or very limited income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.06 - Loan Terms and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interest Rate. The interest rate to be paid on loans may not exceed 8 percent annual interest. The Administration may establish a lower interest rate if the Administration determines that a lower interest rate is required for the feasibility of the project to serve occupants of a specified income level.
B. Term. The term of each loan generally may not exceed 2 years. The Administration may permit a loan term of greater than 2 years depending upon the size and nature of the project.
C. Maximum Loan Amount. The maximum loan may not exceed the lesser of the:
(1) Amount of permanent financing approved for the project; or
(2) Total development costs, meaning the total costs as approved by the Administration, incurred in carrying out all works and undertakings which the Administration deems reasonable and necessary for the acquisition, construction, or rehabilitation of a project, including but not limited to the costs of:
(a) Acquisition of land and any buildings on it,
(b) Acquisition closing costs,
(c) Necessary studies, surveys, plans, and specifications,
(d) Architectural, engineering, or special services,
(e) Site preparation and development,
(f) Labor and materials for construction, reconstruction, or rehabilitation,
(g) Acquisition, repair, or improvement of such machinery, equipment, and furnishings as may be deemed necessary by the Administration,
(h) Expenses incurred in connection with initial occupancy or operation of the project as deemed necessary by the Administration,
(i) Fees incurred in connection with financing the project,
(j) Construction period interest on the loan,
(k) Indemnity and surety bonds,
(l) Premiums on insurance,
(m) Relocation costs,
(n) Contingency allowance deemed necessary by the Administration, if the loan is for a rehabilitation project, in an amount not to exceed 10 percent of the total cost of development, and
(o) Other costs the Administration deems reasonable and necessary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.07 - Contractor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contractors and subcontractors shall meet the following requirements:
(1) Meet all applicable State and local licensing requirements.
(2) Provide insurance coverage for comprehensive public liability, property damage liability, and workers' compensation in form and amounts required by the Administration.
(3) Perform all work in a competent, workmanlike manner equal to the standards of the industry in conformance with the contract and applicable codes and standards.
(4) Comply with all applicable laws, ordinances and regulations relating to the protection and safety of persons and property.
(5) Furnish all labor, materials, and equipment, and obtain and pay for all licenses and permits required to rehabilitate or construct the project in accordance with the contract and the plans and specifications.
(6) Not assign the contract without the prior written consent of the sponsor and the Administration.
(7) In addition to all remedies and guarantees provided by law, make at its sole cost and expense 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 a period of 1 year from the date that a certificate of completion, on the Administration's approved form, is filed with the Administration. However, if any longer guarantee period is specified for any particular materials or workmanship under plans and specifications, or under any subcontract, in connection with any manufactured unit which is installed at the project, or under the laws of the State, the longer period shall govern.
(8) Agree to complete all work specified in the construction contract or plans and specifications, as the case may be, by the date required.
(9) Indemnify and hold the Administration harmless from all liability and loss because of injury to or death of any person or damage to any property which may occur or be alleged to have occurred during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractor, or their agents and employees. The contractor shall defend all suits or claims at its sole cost and expense.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.08 - Application and Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Loan Application.
(1) A loan application shall be made upon standard forms prescribed by the Administration.
(2) Each application shall be fully completed and properly executed and be accompanied by the following items:
(a) A copy of the articles of incorporation, bylaws, and most recent financial statements of the sponsor, if the sponsor is a nonprofit organization, or a letter of designation from the chief executive officer of the locality to carry out the project, if the sponsor is a local government;
(b) A copy of:
(i) The deed to the property,
(ii) A contract or option agreement to purchase the property, or
(iii) An agreement of understanding or letter of intent to purchase the property;
(c) Photographs of the site and any existing buildings; and
(d) Sufficient information and documentation to determine the extent, if any, to which the project will change the type of use or increase the intensity of the existing use of the property.
(3) In the case of a land bank loan, the sponsor shall furnish the following:
(a) A preliminary description of the sponsor's plans for the development of the land;
(b) An explanation of the sponsor's housing development experience and current activity which demonstrates the sponsor's capacity to develop the land for occupancy by families of limited or very limited income; and
(c) Identification of how the land is presently zoned.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.09 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor, developer or contractor 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 selling, leasing, or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project or undertaking financed or assisted under the program, or in any aspect of employment by any sponsor, developer or contractor in the construction, repair, or maintenance of any property financed or assisted in whole or in part under the program.
B. A sponsor, developer or contractor 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 05.04.12 - Construction Loan Program › Section 05.04.12.10 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Handbook. The Administration may establish from time to time operational handbooks or manuals containing internal underwriting standards and loan processing requirements which do not directly affect the rights of the public or the procedures available to the public. Copies of these handbooks shall be available for examination at the Administration's principal office. The Administration, upon request, may make copies available to the public at a reasonable charge.
B. Delegation. The Secretary may delegate to the Director of the Administration or to any other official or employee of the Department or Administration the authority to execute or approve any program documents or contract documents.
C. Waiver. The Secretary may waive or vary particular provisions of these regulations in writing 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 in connection with providing financing to the project 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 05.04.12 - Construction Loan Program › Section 05.04.12.11 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A sponsor 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's action, shall be subject to immediate acceleration of the loan, in addition to the criminal penalties authorized by Housing and Community Development Article, §
									4-255, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.12 - Construction Loan Program › Section 05.04.12.12 - 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 provision of these regulations or the application of any provision to any person or circumstance is invalid does not affect the validity of the remaining provisions of the regulations, and the remaining regulations shall have full force and effect as if no judgment had been entered.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter describes the policies and procedures for lead hazard reduction grants and loans to be funded through a federal grant to the Department from the United States Department of Housing and Urban Development.
B. The regulations set forth in COMAR 05.04.06 describe the policies and procedures for making State-funded loans and grants to finance certain lead hazard reduction activities in residential buildings.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Program is to make grants and loans to owner-occupants and sponsors of privately owned, owner-occupied, and rental housing property to fund certain lead hazard reduction activities. The Program will emphasize evaluating cost-effective and innovative treatment methods.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.03 - 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) Abatement.
(a) "Abatement" means a set of measures designed to eliminate lead-based paint hazards in accordance with standards established by the Department.
(b) "Abatement" includes:
(i) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based painted surfaces or fixtures, and the removal or covering of lead-contaminated soils; and
(ii) All preparation, cleanup, disposal, worker protection, and post-abatement clearance testing activities associated with these measures.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.04 - Eligible Housing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible housing shall be target housing, which is housing that meets the following criteria:
(1) Was constructed before 1950, except that housing constructed after that but before 1978 may be approved if the Program Director determines that a lead-based paint hazard is present;
(2) Is not housing for the elderly or persons with disabilities, unless a child younger than 6 years old resides or expects to reside there; and
(3) Consists of residential dwellings with at least one bedroom each.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.05 - Eligible Owner-Occupants and Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
Owner-occupants and sponsors shall meet all of the following requirements to qualify for Program financing:
A. Either own the eligible housing, and be current for all mortgage and property tax and assessment payments, or have an agreement to purchase the eligible housing;
B. Be an individual or a business entity;
C. Be in good standing and qualified to do business in Maryland;
D. Have the legal capacity and all necessary legal authorization to incur the obligations of the financing;
E. Not have been barred or suspended by:
(1) The Department under COMAR 05.01.05, or
(2) HUD;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.06 - Ineligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any of the following federal funding sources were or may be used in a residential dwelling unit, Program funding may not be used for that unit:
(1) Shelter Plus Care;
(2) Emergency Shelter Grants Program;
(3) Surplus Property for Use to Assist the Homeless;
(4) Homeownership Assistance for Low- and Moderate-Income Families (§ 221(d)(2));
(5) Rent Supplements (§ 101);
(6) Multifamily Rental Housing for Moderate-Income Families (§ 221(d)(3));
(7) Supportive Housing for Persons with Disabilities (§ 811);
(8) HOPE 2: Homeownership of Multifamily Units (Title IV);
(9) Low-Income Housing Preservation and Resident Homeownership (Title VI);
(10) Emergency Low-Income Housing Preservation (Title II);
(11) Flexible Subsidy (§ 201);
(12) Lower Income Rental Assistance (§ 8 );
(13) Section 8 Moderate Rehabilitation Program;
(14) Public Housing Development;
(15) Public Housing Operating Subsidy; and
(16) Public Housing Modernization (Comprehensive Grant Program and Comprehensive Improvement Assistance Program).
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.07 - Eligible Lead Abatement Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program shall determine the level of lead abatement treatment for each residential dwelling unit, and the type of work to be done.
B. The four levels of treatment are:
(1) Level I, which includes:
(a) Installing caps of vinyl, aluminum, or any other material in all window wells, in order to make window wells smooth and cleanable, in a manner and under conditions approved by the Department,
(b) Removing and repainting chipped, peeling, or flaking paint on exterior and interior painted surfaces,
(c) HEPA-vacuuming and washing of the interior of the property with high phosphate detergent or its equivalent, as determined by MDE, and
(d) Educational and other requirements of the Program;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.08 - Program Testing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Biological Testing.
(1) For every unit to be assisted with Program funds, the sponsor shall make a good faith effort to ensure that each child younger than 6 years old receives a blood lead test within the 3-month period before the beginning of lead abatement treatment.
(2) Testing shall be performed by the local health department or other party approved by MDE.
(3) The project sponsor shall assist in obtaining the cooperation of tenants for the blood testing.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.09 - Eligible Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program funds may be used to pay the cost of the lead abatement treatment required by the Program, as described in Regulation .07 of this chapter, to the extent permitted under Regulation .11B of this chapter.
B. Program funds may also be used to pay all or a portion of the following costs, the extent of the coverage to be determined for each project in the discretion of the Program:
(1) Post-treatment cleanup costs;
(2) Costs of testing required under Regulation .08 of this chapter;
(3) Costs of interim controls, defined in Regulation .03B of this chapter, as approved by the Program for the project;
(4) Costs of risk assessment, defined in Regulation .03B of this chapter, and costs of inspections; and
(5) Other costs determined by the Program to be permitted under the federal grant that provides the funds for the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.10 - Allocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may reserve a portion of Program funding for projects that are also receiving funding through the Department's Housing Development Programs.
B. Program funds may not be used in jurisdictions that receive HUD funds to operate a lead abatement program, unless the project meets one of the following criteria:
(1) The following requirements are in connection with the project:
(a) Either the jurisdiction has committed all of its HUD lead abatement funds, or the project is ineligible for HUD lead abatement funding from that jurisdiction, and
(b) Program funding for that jurisdiction, including funding for the applicant's project, may not exceed $500,000, unless the Secretary determines the need for project funding is exceptional;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.11 - Terms and Conditions of Financing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form of Financing. The Department may offer grants and loans.
B. Maximum Amount of Program Financing.
(1) Except as provided in §B(2) of this regulation, Program financing may not exceed:
(a) $2,000 per dwelling unit for Level I treatment described in Regulation .07 of this chapter;
(b) $4,000 per dwelling unit for Level II treatment described in Regulation .07 of this chapter; or
(c) $6,000 per dwelling unit for Level III or IV treatment described in Regulation .07 of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.12 - Terms and Conditions-Property Standards and Insurance Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Property Standards. All housing assisted with Program funds shall:
(1) Meet the minimum livability code set forth in COMAR 05.02.03, as adopted by the jurisdiction; or
(2) Be property for which the owner-occupant or sponsor has obtained financing for rehabilitation work to ensure that the building will meet the minimum livability code and, if necessary, repair any structural defect that is causing paint to chip, peel, or flake.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.13 - Income, Occupancy, and Rental Housing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to qualify for Program funds, a rental housing project shall meet the requirements of this regulation.
B. Income Requirements for Tenants.
(1) At least 50 percent of the project units shall be occupied by households whose annual income does not exceed 50 percent of the HUD area median income adjusted for household size.
(2) The remaining project units shall be occupied by households whose annual income does not exceed 80 percent of the HUD area median income adjusted for household size.
(3) Notwithstanding the requirements set forth in §B(2) of this regulation, for buildings with five or more units, 20 percent of the project units may be occupied without regard to household income level.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.15 - Loan and Grant Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Eligibility Determination.
(1) An application may 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, verifications and reports deemed appropriate by the Program Director or the local administrator, as the case may be, will be obtained.
(3) If an applicant is determined preliminarily to be eligible for a loan or grant, 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.16 - 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 Program funding recipient and to ensure that loan funds are properly used.
(2) The local administrator shall make at least two inspections of the project, including:
(a) An initial inspection; and
(b) 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 Program funding recipient;
(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 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.17 - Accreditation and Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
All individuals involved in lead paint abatement services for the lead hazard reduction activity shall be fully trained and accredited in accordance with the MDE State certification program outlined in COMAR 26.16.01.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.18 - Nondiscrimination Drug and Alcohol Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recipients of Program funds, contractors, local administrators, and subcontractors 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 recipient of Program funds, contractors, local administrators, or subcontractors in connection with any property financed or assisted under the Program.
B. Each recipient of Program funds, contractor, local administrator, and subcontractor shall comply with 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 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.19 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for a waiver under §E of this regulation, any action or decision required or permitted to be taken or made by the Department under these regulations may be taken or made by the Director, Division of Development Finance, or the Director's designee.
B. The Department may terminate an approval of funds or refuse to make disbursements under a loan or grant agreement if the Department finds that the sponsor is not complying with any of the requirements of the Program or the financing documents.
C. The Department may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures available to the public.
D. Because a federal grant is the source of funding for the Program, federal laws and regulations such as Title X, NOFA, and HUD guidelines constitute Program requirements and take precedence over these regulations in the event of a conflict.
E. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver or variance is not inconsistent with the requirements of HUD, if in the written determination of the Secretary:
(1) Application of the regulation would violate HUD requirements for administering the federal grant;
(2) The application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purpose of the Program or the HUD grant to the Department; or
(3) Conformance with the requirements of any federal, State, or local programs in connection with the Program necessitates waiver or variance of a regulation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.20 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program may charge fees such as application fees, commitment fees, loan processing fees, and financing fees.
B. The fees for sponsors may not be included in Program financing.
C. Fees for owner-occupants may be included in Program financing.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.13 - Federal Lead Hazard Reduction Program › Section 05.04.13.21 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not knowingly make or cause to be made any false statement or report in any documents required to be furnished to the Department or the local administrator by any agreement relating to the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.14 - Weatherization Program › Section 05.04.14.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Weatherization Program, subject to the availability of funds, provides assistance as part of a national energy conservation effort through an agency in a political subdivision of the State, for installation of heat-conserving materials in residential buildings in the State.