reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.04 - Owner's Offer of Right of First Purchase › Section 05.10.04.02 - Acceptance of Owner's Offer of Right of First Purchase

Current through Register Vol. 51, No. 14, July 12, 2024
A. The acceptance of an owner's offer of a right of first purchase is governed by §§7-204 -7-211 of the Act and this regulation.
B. In determining which party's acceptance will most benefit the assisted households, the Secretary shall consider the following factors as applicable to each prospective purchaser:
(1) The duration of the low income rental restrictions for the project following the purchase;
(2) The number of units to receive or continue to receive, project-based rental assistance or other subsidies, under the prospective purchaser's ownership of the project;
(3) Projected tenant rents for a period of at least 5 years under the prospective purchaser's ownership;
(4) Tenant ownership and operation or ownership and operation by a nonprofit developer, local government, or local housing authority;
(5) The experience and expertise of the purchasers in the ownership and operation of low income residential rental property;
(6) The economic feasibility of the project following purchase;
(7) The type, nature, and extent of any proposed physical improvements to the project;
(8) The extent of any tenant services proposed by the prospective purchaser;
(9) The extent to which the proposed ownership would minimize financial hardship and displacement to the tenants; or
(10) Any other relevant factor, including the preferences of the tenants, as determined by the Secretary.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.04 - Owner's Offer of Right of First Purchase › Section 05.10.04.03 - Withdrawal of an Acceptance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The original party which accepts or is authorized to accept an offer of the right of first purchase by the Secretary may withdraw its acceptance by a written notice to the owner, with a copy to the Department.
B. The party withdrawing its acceptance will forfeit the first $10,000 of its deposit, unless any remaining party submits an acceptance of the owner's offer.
C. In the event of a withdrawal, the owner, within 3 days of receipt of the notice of withdrawal shall notify in writing:
(1) All other parties who received a notice of a right of first purchase;
(2) All parties who submitted an acceptance; and
(3) The Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.05 - Tenant Protection Assistance › Section 05.10.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A tenant is entitled to tenant protection assistance, including relocation expenses and lease extensions, in accordance with §§7-212 -7-219 of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.05 - Tenant Protection Assistance › Section 05.10.05.02 - Relocation Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. To receive the additional $475 for relocation expenses authorized in the Act, the tenant shall submit reasonable documentation of actual and reasonable relocation expenses to the owner within 60 days after the tenant vacates the unit.
B. The owner shall pay the additional relocation expenses to the tenant within 15 days after the documented expenses are submitted to the owner.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.05 - Tenant Protection Assistance › Section 05.10.05.03 - Lease Extensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner shall offer a lease extension for a period of at least 1 year from the date of the notice of intent to each assisted household that has not committed a material violation of the lease.
B. The owner shall include in each extended lease the criteria for early termination or cessation of the extended lease that are listed in §7-218 of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.05 - Tenant Protection Assistance › Section 05.10.05.04 - Designated Households

Current through Register Vol. 51, No. 14, July 12, 2024
A. Designated households that do not receive an extended tenancy under the Act may be eligible for rental equivalent payments and relocation expense payments under §7-219(e) of the Act.
B. All designated households are eligible upon vacating their assisted unit for reimbursement by the project owner for ordinary relocation expenses payable to all assisted households in accordance with §7-212(b)(1) and (2) of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.05 - Tenant Protection Assistance › Section 05.10.05.05 - Designated Household Assistance - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner shall create and maintain accurate records that set forth:
(1) The relocation and reimbursement expenses paid to each assisted household;
(2) The rates of rent charged for the assisted units; and
(3) Any other information concerning tenant protection assistance provided by the owner.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.06 - Enforcement and Waivers › Section 05.10.06.01 - Due Diligence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Settlement agents conducting real estate settlements involving the sale of residential rental projects, or the release of federally-assisted mortgages or related documents encumbering the projects, shall make inquiries of the owner as to the nature of the project, and the possible termination of federal assistance which may be governed by the Act and these Regulations.
B. If responses to the agent's inquiries, the nature of the transaction and related documents, or any information otherwise known to the settlement agent raises a reasonable possibility that a sworn statement under §7-307 of the Act is required, the settlement agent shall use its best efforts to procure and file a sworn statement with the Department, and if unable to comply, shall notify the Department in writing before the settlement of the circumstances of the failure to deliver the sworn statement.
C. Settlement agents failing to comply with this regulation may be subject to civil liability and civil monetary penalties in accordance with the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 10 - ASSISTED HOUSING PRESERVATION › Chapter 05.10.06 - Enforcement and Waivers › Section 05.10.06.02 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may, by written determination, waive or vary particular provisions of these regulations, provided that:
A. The waiver is not inconsistent with the Act; and
B. In the written determination of the Secretary, the application of the regulations in a specific case, or in an emergency situation, would be inequitable or contrary to the purposes of the Act, and would not substantially limit any significant protections to tenants required under the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations describe the policies and procedures for making:
A. Operating assistance grants to nonprofit organizations to promote the development and improvement of low income housing;
B. Operating assistance grants to increase the capacity of nonprofit organizations to development low income housing using programs of the Department; and
C. Technical assistance grants to nonprofit organizations, local governments, local development agencies, and local development corporations to obtain or provide advisory, consultative, training, information, and other services which will assist or carry out community development activities.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objectives of the program are to:
A. Make operating assistance grants to nonprofit organizations to:
(1) Encourage experienced nonprofit organizations to develop housing for low income persons and households,
(2) Encourage nonprofit organizations to assist individuals in applying for loans under the programs of the Department,
(3) Provide assistance to nonprofit organizations which provide lead paint testing or assessment services to homeowners or landlords who apply for housing loan programs of the Department, and
(4) Build the capacity of nonprofit organizations to develop housing for low income persons and households by using the housing loan programs of the Department; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.04 - Eligible Grantees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Production Grants. Nonprofit organizations shall meet the following requirements to qualify for a production grant:
(1) Have the legal capacity to enter into a grant agreement;
(2) Satisfy all legal requirements to operate in the State;
(3) Meet the performance standards of the Department, as follows:
(a) Not have defaulted on a prior loan from the Department;
(b) Not be currently barred or suspended from any of the Department's programs;
(c) Not have previously received a production grant and failed to complete the project in a timely manner; and
(4) Satisfy one of the following criteria:
(a) Have received a reservation or commitment of funds from the Department, or other source satisfactory to the Department, to finance the acquisition, construction, or rehabilitation of:
(i) Rental housing of the type which is eligible for financing through the rental housing programs or special loan programs,
(ii) A group home which is eligible for financing through the Group Home Financing Program of the special loan programs, or
(iii) Single family for-sale housing or an advance reservation of mortgage funds for income eligible households to purchase housing developed by the nonprofit organization which are eligible activities through the homeownership programs; or
(b) Assist a third party applicant by having provided:
(i) Technical assistance in applying for a loan under the special loan programs to individuals who reside in a dwelling located in a noncertified jurisdiction, or providing lead paint testing or assessment services to homeowners and landlords who have applied for a loan through the Lead Hazard Reduction Grant and Loan Program which is one of the special loan programs, and
(ii) The Department's certification that the organization's efforts were responsible for originating the application and that the application was not processed by a local government certified as a local administrator by the special loan programs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.05 - Eligible Use of Grant Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Production Grants. Production grants may be used for any purpose for which the grantee is legally authorized to expend funds, including:
(1) General operating costs, salaries, benefits, organizational costs, rent, and utilities;
(2) Costs associated with applying for a loan or assisting individuals or legal entities in applying for a loan under the housing programs; and
(3) Costs associated with lead paint testing or assessment services under the Lead Hazard Reduction Grant and Loan Program, one of the special loan programs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.06 - Grant Allocation and Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Allocations.
(1) The amount of funds available in the fiscal year for operating assistance grants for each of the housing programs and for technical assistance grants shall be determined as of July 1 of each fiscal year.
(2) Initial determinations may be adjusted if appropriated funds available for the housing programs are increased or decreased after July 1 in any fiscal year.
(3) The Department shall determine annually the proportions of available funds to be allocated to production grants, capacity building grants, and technical assistance grants. Within a State fiscal year any available funds which are not used for the type of grant for which the funds were allocated initially may be used for the other type of grant or for loans.
(4) The Department shall notify nonprofit organizations and local governments, and in the case of technical assistance grants, the Department shall also notify local development corporations and local development agencies, of allocations, fund availability, and application cycles.
(5) Best efforts shall be made to award grants to facilitate the full use of program funds in accordance with initial allocations of funds.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.07 - Grant Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Production Grant Amounts. Production grants may be made in the following amounts:
(1) For projects which produce rental housing, grants may not exceed an amount equal to 1 percent of the amount of the reservation or commitment of funds the applicant has received to produce rental housing, provided that a grant may not be less than $1,500 or more than $13,000;
(2) For projects which produce homeownership units, grants may be in an amount equal to $100 for each unit of housing identified by a nonprofit organization in a reservation or commitment of funds the applicant has received to produce homeownership units provided that a grant may not be less than $1,000 or more than $5,000;
(3) For projects financed under the Group Home Financing Program, grants shall be in an amount equal to $750 for each project for which the nonprofit organization makes application for a loan provided that the total amount of grants awarded for this purpose to a single nonprofit organization in one fiscal year may not exceed $1,500; and
(4) For nonprofit organizations which assist individuals in making applications for loans under the other special loan programs or provide lead paint testing or assessment services to individuals who apply for a lead abatement loan, a grant shall be in an amount not to exceed $150 for each individual application submitted to the Department provided that the total amount of funds awarded for this purpose to a single nonprofit organization in one fiscal year may not exceed $5,000.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.08 - Application and Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Production Grant Applications.
(1) Applications for production grants shall be on the form approved by the Department, including the following supporting documentation:
(a) Organizational documents of the applicant;
(b) Evidence of the number and type of housing units produced by the nonprofit organization;
(c) The source of funding for the housing units produced;
(d) The amount of funds the applicant is seeking; and
(e) Other documentation the Department considers necessary to evaluate the grant request.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.09 - Administration of Grants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recipients of capacity building grants and technical assistance grants shall maintain accurate financial records, in a form acceptable to the Department, of all transactions which relate to the grant, and make these records available to the Department for review on request for a period of not less than 3 years following the expiration of the grant agreement.
B. Grantees receiving capacity building grants and technical assistance grants shall submit a periodic progress report, in the form required by the Department and on the schedule specified in the grant agreement, which clearly shows progress of the grantee in relation to the grantee's strategic plan and proposed goals and objectives.
C. Capacity building grantees and technical assistance grantees who do not show adequate progress in meeting goals may be required to accept technical assistance from the Department or may not be approved for funding in the subsequent years of the grant.
D. All grantees under this program shall make their books, accounts, and records, their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Department during reasonable working hours, for the duration of the grant period and for a period of not less than 3 years following the expiration of the grant agreement.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.10 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grantees 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 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 grantee in the construction, repair, or maintenance of any property financed or assisted under the program.
B. Each grantee shall comply with applicable federal, State, and local laws and Department policies and programs regarding discrimination, 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 Americans with Disabilities Act of 1990, as amended;
(4) The Department's Minority Business Enterprise Program, as amended.
(5) 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.
(6) The Fair Housing Amendments Act of 1988, as amended; and
(7) State Government Article, Title 20, Annotated Code of Maryland, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.11 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for waivers under §D 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 a grant or refuse to make additional disbursements under a grant agreement if it finds that the grantee is not complying with any of the requirements of the Program or the grant agreement.
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 which do not directly affect the rights of the public or the procedures available to the public.
D. The Secretary may waive or vary particular provisions of these regulations if:
(1) The waiver or variance is not inconsistent with the authorizing provisions of the Act;
(2) In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and
(3) The Office of the Attorney General approves the waiver for form and legal sufficiency.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.01 - Operating and Technical Assistance Grants › Section 05.11.01.12 - 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 by any agreement relating to the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Radium Pilot Grant Program is to provide financial assistance, together with a participating county, to eligible residential well owners who incur the cost of adding a water treatment system to remove radium or gross alpha from well water.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means Housing and Community Development Article, Title 4, Subtitle 13, Annotated Code of Maryland, as amended.
(2) "Agency" means a local administering agency, including a governmental unit, or other agent of a participating county that is designated to administer the Program.
(3) "Annual income" means annual income as defined by the United State Department of Housing and Urban Development (HUD) in 24 CFR §
											5.609 as amended.
(4) "Area median income" means the Statewide or Washington, D.C. metropolitan statistical area median income as established by HUD.
(5) "Business day" means Monday through Friday excluding State holidays.
(6) "County" means any of the 23 counties of this State and the city of Baltimore.
(7) "Department" means the Department of Housing and Community Development.
(8) "Effective date" means the effective date of this chapter.
(9) "Eligible resident" means a resident of a participating county that meets the requirements set forth in Regulation .04 of this chapter.
(10) "EPA" means the United States Environmental Protection Agency.
(11) "EPA threshold levels" means the following levels of radium and gross alpha above which the EPA has determined quantities are unsafe for household use and consumption:
(a) 5 picocuries per liter (5 pCi/L) for combined radium 226 and 228; and
(b) 15 picocuries per liter (15 pCi/L) for gross alpha.
(12) "HUD" means the United States Department of Housing and Urban Development.
(13) "Participating county" means a county that has agreed to participate in the Program and has executed a memorandum of understanding with the Department in accordance with Regulation .04 of this chapter.
(14) "Program" means the Radium Pilot Grant Program.
(15) "Secretary" means the Secretary of the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.03 - Participating Counties

Current through Register Vol. 51, No. 14, July 12, 2024
Any county may participate in the Program after it has entered into a memorandum of understanding with the Department on a form provided by the Department which shall provide, without limitation, that the county shall:
A. Process grant applications from well owners;
B. Make determinations for eligible residents;
C. Fund 50 percent of the grants to eligible residents; and
D. Issue funds to eligible residents for the full amount of the grant, subject to reimbursement from the Department of 50 percent of the grant amount.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.04 - Eligible Residents

Current through Register Vol. 51, No. 14, July 12, 2024
To be eligible for a grant under the Program, a resident shall:
A. Reside on and own property in a participating county on which a well is situated;
B. Have test results acceptable to the Agency indicating radium or gross alpha levels above the EPA threshold levels;
C. Have installed, after the effective date, a water treatment system for the purpose of removing excess levels of radium or gross alpha from the resident's well water; and
D. Have annual income that does not exceed 110 percent of the area median income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.05 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency shall provide prospective well owners with information on the Program and application forms. An applicant shall submit a completed application to the agency in accordance with the agency's procedures.
B. A completed application shall include:
(1) A completed application form provided by the agency;
(2) Certification with respect to annual income;
(3) Proof of home ownership of the property on which the well is situated;
(4) Test results indicating the presence of radium or gross alpha above the EPA threshold levels; and
(5) A paid invoice or receipt, dated after the effective date, indicating that payment has been made for installation of a water treatment system for the purpose of removing radium or gross alpha from the well water.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.06 - Agency Response to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the application is not complete, the agency shall promptly notify the applicant. The notice shall inform the applicant:
(1) Of what items are required to complete the application; and
(2) That the application will be denied if the required information is not provided within 30 calendar days after the notice.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.07 - Request for Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant that is determined to be ineligible for a grant may make a written request for reconsideration.
B. The request shall be:
(1) Made within 30 days of the date of the notice of ineligibility from the agency; and
(2) Delivered to the agency in accordance with the agency's procedures.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.08 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
An agency and each grant recipient shall:
A. Maintain accurate financial records of :
(1) All transactions which relate to the grant; and
(2) Any other books, accounts, and records the Department may require;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.09 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant recipients, contractors, agencies, or 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 grant recipient, contractor, agency, local administrator, and subcontractor in connection with any property assisted under the Program.
B. Each grant recipient, contractor, agency, local administrator, and subcontractor shall comply with all applicable federal, State, and local laws and the Department policies and programs regarding discrimination, equal opportunity in employment, housing and credit practices, and drug and alcohol free workplaces, including:
(1) Title VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Department's Minority Business Enterprise Program, as amended;
(4) 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;
(5) The Fair Housing Amendments Act of 1988, as amended;
(6) The Americans with Disabilities Act of 1990, as amended; and
(7) State Government Article, Title 20, Annotated Code of Maryland, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.10 - 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 agency or the Department in connection with the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.11 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is consistent with the Act, if, 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 11 - DEMONSTRATION PROGRAMS › Chapter 05.11.02 - Radium Pilot Grant Program › Section 05.11.02.12 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department or an agency may establish detailed Program guidelines or procedures. Copies of these guidelines or procedures, if any, shall be available for examination at the Department or the agency's principal office, as applicable. The Department and the agency shall, upon request, provide copies to the public for a reasonable charge.
B. Except for a waiver under Regulation .11 of this chapter, any action or decision required or permitted to be taken or made by the Department under these regulations may be made by the Director of the Division of Development Finance or the Director's designee.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations describe the policies and procedures the Department will use in the administration of the federal HOME Investment Partnerships Program to provide financial assistance to individuals, local governments, developers, and nonprofit organizations to promote affordable housing. These regulations describe the specific eligible uses and administrative procedures which will be used to implement and operate the HOME Program in the State.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The objectives of the Maryland HOME Program are to:
A. Finance affordable housing in conjunction with the housing loan programs administered by the Department by awarding funds to local governments, nonprofit sponsors and developers, and for-profit sponsors and developers to:
(1) Promote the development or rehabilitation of rental housing for income eligible households,
(2) Promote homeownership opportunities for income eligible households,
(3) Facilitate nonprofit ownership of group housing for income eligible persons with special needs,
(4) Provide rehabilitation assistance to owners of one-to-four unit properties, and
(5) Provide assistance to facilitate the ability of senior citizens to remain in their housing;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.04 - Eligible Projects and Activities- Federal Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. All projects and activities funded with HOME funds shall meet the general eligibility criteria in 24 CFR Part 92, which is incorporated by reference.
B. The housing shall be:
(1) Of one of the following two types:
(a) Rental housing development, or
(b) Homeownership;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.05 - Eligible Projects and Activities-State Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. An allocation of HOME funds can be applied for through either DHCD housing programs or the Maryland HOME Initiatives Program Fund.
B. DHCD Housing Programs. To be eligible for a HOME allocation through the DHCD housing programs, a project or activity shall meet the following requirements:
(1) In the case of a rental housing development project, the project shall:
(a) Comply with the requirements of COMAR 05.05.01.06A, B, E, and F, provided that this chapter shall prevail in the event of a conflict between any provision of COMAR 05.05.01.06A, B, E, and F and any provision of this chapter; and
(b) Provide units for occupancy in accordance with Regulation .15C of this chapter;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.06 - Eligible Recipients

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible recipients shall include:
(1) The Department;
(2) The Administration;
(3) Other State agencies;
(4) Local governments;
(5) Public housing authorities;
(6) Nonprofit organizations;
(7) Community housing development organizations;
(8) Corporations;
(9) Limited dividend corporations;
(10) Individuals;
(11) Partnerships; and
(12) Limited liability companies.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.07 - Eligible Costs

Current through Register Vol. 51, No. 14, July 12, 2024
HOME funds may be used to pay any costs permitted by 24 CFR 92 . HOME funds generally may be used to pay for the following costs:
A. The actual hard costs of new construction, including the costs of complying with Regulation .14 of this chapter;
B. Rehabilitation hard costs to meet the property standards for rehabilitation projects in Regulation .14 of this chapter;
C. The cost of refinancing existing debt secured by housing that is being rehabilitated with HOME funds:
(1) For single-family (one-to-four family) owner-occupied housing, if the overall housing costs of the sponsor will be reduced and made more affordable and if the rehabilitation cost is greater than the amount of debt that is refinanced; and
(2) For rental housing development projects, when lending HOME funds to rehabilitate the units if refinancing is necessary to permit or continue affordability;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.08 - Allocation of Funds-Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Allocations. Upon receipt of a notification from HUD as to the availability and amount of HOME funding for administration by the State, the Department shall make recommendations on the amounts of HOME funds to be initially allocated to rental housing development projects, homeownership projects, and the Maryland HOME Initiatives Program Fund. The allocation recommendations shall be submitted to the Director for review and recommendation to the Secretary for approval, disapproval, or modification.
B. Reallocations. The Director may periodically reallocate HOME funds initially allocated to rental housing development projects and homeownership projects among those types of projects. Reallocations of these HOME funds shall be based upon current demand and priorities. Generally, HOME funds may not be reallocated between the HOME funds initially allocated to rental housing development projects and homeownership projects and the HOME funds initially allocated to the Maryland HOME Initiatives Program Fund until at least 8 months following the initial allocations.
C. Geographic Distribution.
(1) HOME funds shall be used primarily in jurisdictions throughout the State which are not participating jurisdictions.
(2) The State shall distribute HOME funds according to the needs identified in the Consolidated Plan. The State shall attempt to distribute HOME funds to nonmetropolitan areas, taking into account the population of the nonmetropolitan areas as compared to the total population of the State and objective measures of rural housing need. Therefore, the State shall use its best efforts to distribute at least 10 percent of HOME funds to nonmetropolitan areas.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.09 - Allocation of Funds-Community Housing Development Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible Organizations. Community housing development organizations are eligible if they meet the criteria set forth in 24 CFR §
										92.2.
B. CHDO Set Asides.
(1) Fifteen percent of the total allocation to the HOME Investment Trust Fund shall be reserved for and used by CHDOs in accordance with 24 CFR §
											92.300. Up to 10 percent of the funds reserved for CHDOs may be reserved for loans made under §§C and D of this regulation.
(2) To the extent not reserved for loans under §§C and D of this regulation, the reserved CHDO funds shall be allocated to the DHCD housing programs. If set asides are committed at a rate slower than the rate necessary to use the set aside within the required time period, the Administration may:
(a) Initiate aggressive marketing for set-aside eligible projects;
(b) Give priority to set-aside eligible projects;
(c) Provide expedited pipeline processing for set-aside eligible projects; or
(d) Restrict remaining funds for use only to meet the set-aside requirements.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.10 - Terms and Conditions of Financial Assistance-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form of Financial Assistance.
(1) The Department may offer HOME financial assistance in any of the following five forms:
(a) Interest-bearing and non-interest-bearing loans;
(b) Interest subsidies;
(c) Deferred payment loans;
(d) Equity investments; and
(e) Grants.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.11 - Terms and Conditions-Distribution of Sales Proceeds/Equity Sharing

Current through Register Vol. 51, No. 14, July 12, 2024
A. As a condition to receipt of HOME funds disbursed as loans, a homeowner who receives HOME funds for house acquisition is required to enter into an agreement concerning the distribution of net proceeds upon the sale of the house as described in Regulation .17B-1s of this chapter.
B. Recipients of HOME funds to rehabilitate owner-occupied houses and owner-occupied one-to-four unit rental projects may not be required to participate in equity sharing.
C. Sponsors of group home projects which receive HOME funds may be required to enter into equity-sharing agreements as a condition to receipt of the HOME funds if, in the sole discretion of the Department, the HOME-assisted project is expected to have excess residual value. The equity-sharing agreement shall provide for payment of equity to the Department upon sale of the project or discontinuance of use of the project for income-eligible households.
D. Payment under §C of this regulation shall be in an amount equal to the original HOME funds:
(1) Divided by the sum of:
(a) The total original costs of the project, and
(b) Documented capital improvement expenditures for the benefit of the project; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.12 - HOME Grants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may offer HOME financial assistance as grants for the following purposes:
(1) Maryland HOME Initiatives Program Fund projects sponsored by nonprofit organizations, local governments, or State agencies, except that the Department reserves the right to make a conditional grant providing for repayment if there is a reasonable expectation of repayment;
(2) Projects for which federal or other funding agencies do not permit loans subordinate to their funds;
(3) Rehabilitation of owner-occupied housing;
(4) Activities which have a high public purpose, but do not result in an appreciably higher value in the property after the improvements, including, but not limited to:
(a) Lead paint abatement,
(b) Modifications required by the Maryland Historical Trust,
(c) Accessibility modifications, or
(d) Furnace and roof replacement; or
(5) Other eligible projects, activities, or costs as approved by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.13 - Advance Payment Loans

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may make advance payment loans under the following conditions:
A. The recipient shall be a nonprofit entity, which is not a CHDO;
B. The nonprofit recipient shall demonstrate the intention and capacity to complete the project;
C. Repayment of the loan is secured by a mortgage or deed of trust;
D. The loan funds are for payment of early eligible costs under Regulation .07 of this chapter;
E. The nonprofit recipient shall demonstrate that:
(1) There are no other funding alternatives,
(2) There are no other resources available to the nonprofit recipient to pay the costs,
(3) The payment of the costs cannot be deferred until closing of an operating or capital assistance loan; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.14 - Property Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicable Standards for Projects to Which Funds Are Committed Prior to January 24, 2015.
(1) All housing assisted with HOME funds shall meet the housing quality standards set forth in 24 CFR §
											982.401.
(2) Newly constructed or rehabilitated housing shall meet the standards set forth in 24 CFR §
											92.251 and all applicable local codes, ordinances, rehabilitation standards, and zoning ordinances.
(3) Before the transfer of a homeownership project that is to be rehabilitated after transfer, the Department or its designee shall:
(a) Inspect the housing for any defects which pose a danger to health or safety;
(b) Notify the prospective purchaser of any work required to cure any defects identified by the inspection; and
(c) State the time frame in which the cure will be accomplished, which time frame may not exceed 6 months following the transfer.
(4) In addition, a homeownership project that is to be rehabilitated after transfer shall:
(a) Be free from all defects identified in the inspection required under §C of this regulation before occupancy and within 6 months of the transfer; and
(b) Meet the housing quality standards set forth in §A of this regulation within 2 years of the transfer.
(5) The purchase or rehabilitation of manufactured housing is eligible for HOME funds if, upon completion, the unit:
(a) Is situated on a permanent foundation, except for assistance to owners of existing units who rent the lot on which their unit is placed;
(b) Is connected to permanent utility hookups;
(c) Is located on land which is held in fee-simple title or under a long-term ground lease with a term equal to the appropriate period of affordability;
(d) Meets either the:
(i) Construction standards set forth in 24 CFR 3280 if the unit was produced after June 15, 1976, or
(ii) Applicable State or local codes if the unit was produced before June 15, 1976;
(e) Meets all the other requirements of these regulations, including, for rental units, Regulations .15 and .16 of this chapter, and, for homeownership units, Regulation .17 of this chapter.