reglab/statecodes huggingface dataset:
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Baseline" is the per-unit amount of
				anticipated energy consumption established through an initial energy audit and
				subsequent changes based on actual usage data.
B. "Energy Costs" means the reasonable
				estimate of the average monthly utility bills (except telephone) for an
				energy-conscious household of modest circumstances living in a particular type
				of unit.
C. "Gross Rent" is an
				amount equal to the rental amount plus housing-related utilities for a
				particular unit.
D. "Owner" means
				the individual or entity, including any agent of such individual or entity, who
				owns the project containing the subject unit(s).
E. "Rule" means the MSHA rule entitled
				"Chapter 5 - Energy Cost and Utility Allowance Determinations".
F. "Utility Allowance" is an amount of money
				equal to the estimated reasonable Energy Costs for a unit of a particular size
				and construction in a particular geographic area. The Utility Allowance for a
				unit is determined at initial occupancy and can be modified under circumstances
				described in this rule.
G.
				"Rent-restricted" means that the maximum rent an owner may charge for a unit is
				restricted under the terms of MSHA program requirements.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-2 - Applicability

Current through 2024-29, July 17, 2024
Section
				  3 of this Rule applies to all dwelling
				  units for which MSHA administers a federal rental assistance contract pursuant
				  to Section
				  8 of the United States Housing Act of
				  1937, excluding any tenant-based subsidy programs.
Section
				  4 of this Rule applies to low-income
				  housing tax credit projects, MSHA-financed rental loan program projects,
				  MSHA-financed rent restricted projects, and MSHA-financed supportive housing
				  projects.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-3 - Section 8 Units

Current through 2024-29, July 17, 2024
A. Annual Review.
The Owner is responsible for gathering information and data
				  necessary for the performance of an annual review of the projected Energy Costs
				  for each unit and to compare the results of such annual review with the
				  Baseline for each unit. Based on the results of each annual review and Baseline
				  comparison, the Owner must annually recommend a Utility Allowance for each unit
				  and unit type. The recommended Utility Allowance must represent the Owner's
				  best estimate of Energy Costs for that particular unit type. The recommended
				  Utility Allowance is not intended to equal all utility costs but rather it is
				  intended to equal an amount necessary to reimburse to the tenant an amount
				  equal to the Energy Costs for that particular unit type. If the results of an
				  annual review require a Baseline adjustment, the Owner must submit to MSHA a
				  summary containing certain information, including, but not limited to, the
				  following information supporting the proposed Baseline change (increase or
				  decrease), and the Owner must receive MSHA approval prior to implementing the
				  proposed Baseline change:
1
				description of the type of utilities covered by the Utility
				Allowance;
2 statement of whether
				any utility rate increase or decrease took effect during the past 12 months or
				is expected to be implemented in the next 12 months and the amount of those
				increases or decreases; and
3
				statement of how any energy conservation initiatives have or will impact energy
				consumption.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-4 - Rent Restricted Units

Current through 2024-29, July 17, 2024
If the cost of any utilities (other than telephone) for a
				  residential rental unit are paid directly by the tenant, the Gross Rent for
				  that unit shall include the applicable Utility Allowance as determined under
				  this Section
				  4. This Section
				  4 is applicable only for purposes of
				  determining Gross Rent for rent restricted units administered or financed by
				  MSHA. In determining Gross Rent, MSHA will recognize three (3) options for
				  determining the applicable Utility Allowance amounts:
A. Department of Housing and Urban
				Development ("HUD") Utility Allowance. In the event it is determined that the
				subject project will utilize the published HUD Section 8 E xisting Housing
				Allowances for Tenant-Furnished Utilities and Other Services, the applicable
				Utility Allowance for all rent restricted dwelling units in the project shall
				be the applicable HUD Utility Allowance.
B. Local Public Housing Authority ("PHA")
				Utility Allowance. In the event it is determined that the subject project will
				utilize a PHA Utility Allowance, the Utility Allowance for all rent restricted
				units in such project shall be the applicable PHA Utility Allowance.
C. Local Utility Company ("LUC") Estimate.
				Any interested party (including a tenant, an Owner, or MSHA) may obtain an
				estimate from a LUC for purposes of establishing utility usage for a particular
				unit or unit type and thus determining the appropriate Utility Allowance. The
				LUC estimate must be in writing and must provide the estimated cost for utility
				usage for a unit of similar size and construction for the geographic area in
				which the project containing the unit is located. The LUC estimate may be
				obtained by an interested party at any time during the project's compliance
				period, as determined by MSHA. Unless the parties agree otherwise, costs
				incurred in obtaining the estimate are borne by the initiating party. The
				interested party that obtains the LUC estimate (the initiating party) must
				retain the original of the LUC estimate and must furnish a copy of the LUC
				estimate to the Owner. The Owner of the project must make available copies of
				the LUC estimate to the tenants in the subject project.
D. Utility Allowance Changes. If at any time
				during the project's compliance period, as determined by MSHA, the applicable
				published Utility Allowance for a residential dwelling unit changes, the new
				Utility Allowance must be used to compute Gross Rents within ninety (90) days
				after the change.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-5 - MSHA Approval

Current through 2024-29, July 17, 2024
Notwithstanding anything contained in this Rule, any change
				  in the responsibility for payment of utilities from Owner-paid to tenant-paid
				  or tenant-paid to Owner-paid must be approved by MSHA prior to
				  implementation.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-6 - Energy Conservation

Current through 2024-29, July 17, 2024
To facilitate energy conservation the Owner should provide
				  tenants with information regarding proper use of appliances and recommended
				  thermostat settings. The Owner should advise and assist tenants wherever
				  possible in the most energy efficient use of their apartments.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-7 - Budget Plans

Current through 2024-29, July 17, 2024
The Owner should provide tenants with information regarding
				  local fuel or utility company budget plans, which may ease charges incurred
				  during high usage months.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 5 - ENERGY COST AND UTILITY ALLOWANCE DETERMINATIONS › Section 346-5-8 - Federal Regulations

Current through 2024-29, July 17, 2024
These procedures are subject to Federal Regulations including
				  24 CFR Part 813.108 and
				  24 CFR Part
				  880.610 and 24 CFR Part 883.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Authority" means the Maine State Housing
				Authority, a body corporate and politic and an instrumentality of the State of
				Maine.
B. "Applicant" shall mean a
				tribal member who currently is or will be a resident of the Penobscot Tribal
				Reservation, the Indian Township Passamaquoddy Reservation, or the Pleasant
				Point Passamaquoddy Reservation and who applies for mortgage insurance under
				the Program.
C. "Lender" shall mean
				a financial institution authorized to do business in Maine and further, shall
				be that lender that originates mortgage loans insured under the
				Program.
D. "Committee" shall have
				the same meaning as set forth in Title
				30-A M.R.S.A.
				§4933(5), as it may be
				amended from time to time.
E.
				"Demand for Insurance Payment" shall mean the formal written demand for a
				payment of mortgage insurance benefits submitted by a Lender to the
				Authority.
F.  "Fund" means the
				Indian Housing Mortgage Insurance Fund as defined and established in Title 30-A
				M. R. S. A. §§ 4933(3) and 4934-A, both as may be amended from time
				to time.
G. "IHA" means either the
				Penobscot Tribal Reservation Housing Authority, Indian Township Housing
				Authority or Pleasant Point Indian Housing Authority.
H. "Loan" means either a permanent mortgage
				loan or a construction loan originated by a Lender that is insured by the
				Program.
I. "Loan Insurance
				Certificate" means the evidence of mortgage loan insurance provided under the
				Program, in a form determined by the Authority, that is delivered to a
				Lender.
J. "Loan Insurance
				Commitment" means the Authority's commitment to provide Loan insurance made
				available by the Program.
K.
				"Program" means the mortgage insurance program governed by the terms and
				conditions of this Rule.
L.
				"Property" means the real and related personal property customarily conveyed
				with the real property to be acquired by an Applicant that is financed by a
				Loan insured by the Program.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-2 - Eligibility

Current through 2024-29, July 17, 2024
A. The Applicant must meet the following
				standards to be eligible for insurance of a Loan under this Program:
1. The Applicant must appear on the current
				"Annual Census" of the Passamaquoddy Tribe or Penobscot Nation.
2. The land to be mortgaged must be located
				on one of the following tribal reservations:
a. the Penobscot Tribal
				Reservation;
b. the Indian Township
				Passamaquoddy Reservation; or
c.
				the Pleasant Point Passamaquoddy Reservation.
3. The Applicant's monthly income must be
				such that (a) his or her projected monthly housing expense, which shall include
				mortgage principal and interest, mortgage insurance premiums, property
				insurance premiums and, if applicable, life and health insurance premiums shall
				not exceed 28% of the Applicant's gross monthly income and (b) his or her fixed
				monthly payments (installment loans, alimony, child support, etc.) shall not
				exceed 36% of gross monthly income, provided, however, that, on recommendation
				of the Lender, the Authority may permit use of increased ratios up to 33% and
				38% respectively.
4. The Applicant
				shall have a credit rating and an employment history acceptable to the Lender
				and the Authority in accordance with standard loan underwriting standards
				prevalent in the industry.
5. The
				Applicant shall have sufficient cash to pay closing costs and to make the
				payment described in Section 3(D) of this Rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-3 - Amount and Nature of Loan and Insurance

Current through 2024-29, July 17, 2024
A. The
				Property must be appraised by an appraiser licensed by the Maine Board of Real
				Estate Appraisal. The appraisal of improvements shall be performed on a
				replacement cost basis.
B. The
				maximum principal Loan amount that will be eligible for the Program is the
				maximum home purchase price for the Authority's HOME Purchase Program, as
				governed by Rule Chapter 1 of the Rules of the Maine State Housing Authority on
				the date of application.
C.
				Insurance under the Program will insure 100% of the principal amount of a Loan
				not exceeding 99% of the lesser of the sales price or appraised
				value.
D. Any difference between
				the sales price and the principal amount of the Loan shall be paid from cash of
				the Applicant.
E. Loans for the
				following purposes are eligible:
1.The
				construction of a home;
2. The
				improvement of an existing home or manufactured housing, including the
				improvement or installation of sewage disposal and water supply systems, the
				construction of a garage, or any other permanent improvement of the home,
				provided such improvement is located on the mortgaged land;
3. The purchase of an existing dwelling;
				or
4. The purchase of manufactured
				housing located or to be located upon land on one of the Reservations, which
				land will be mortgaged to secure the Loan.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-4 - Application

Current through 2024-29, July 17, 2024
A. The Applicant shall complete an
				application for the Program that shall be obtained from the applicable
				IHA.
B. The IHA will confirm
				whether the Applicant is a tribal member.
C. Upon the determination required in Section
				4(B), the IHA shall forward the application to the Lender. The Lender shall
				arrange for the appraisal of the Property and verify the application's
				accuracy. The Applicant shall bear all costs for the appraisal and
				verification.
D. The completed
				Application and all supporting documentation shall be submitted to the
				Authority upon the Lender's determination of eligibility. The Authority shall
				determine whether the application and supporting documentation are prepared in
				accordance with this Rule. If the application and supporting documentation is
				in accord with this Rule, the application will be submitted to the Committee
				for its approval. The Authority shall issue a Loan Insurance Commitment to the
				Lender and Applicant upon the Committee's approval of the
				application.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-5 - Pre-closing Procedures

Current through 2024-29, July 17, 2024
A. When the
				Property is located on the Penobscot Tribal Reservation, the Lender shall cause
				the Property's title to be searched and a title opinion to be issued for the
				benefit of both the Lender and the Applicant. The Lender may reject an
				application if title is defective (notwithstanding the Property's location on
				tribal land) provided that, the Applicant shall be given a reasonable
				opportunity to cure the defect(s) to the Lender's satisfaction. When the
				Property is located on the Indian Township or Pleasant Point Reservations, the
				applicable Tribal Council shall pass a binding resolution setting forth a legal
				description of the Property and an authorization for the Applicant to assume
				possession, control, and the right to occupy the Property. A copy of the
				resolution shall be provided to the Lender upon request.
B. The Lender or IHA shall prepare the
				necessary real estate and Loan closing legal documents and confirm the
				availability of adequate fire insurance coverage (with an extended coverage
				endorsement) for the Property.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-6 - Closing

Current through 2024-29, July 17, 2024
A. The Lender shall collect the following
				amounts at the time of Loan closing, which may be payable out of Loan proceeds:
1. A Lender origination fee equal to the
				amount charged by the Authority in its HOME Purchase Program as governed by
				Rule Chapter 1 of the Rules of the Maine State Housing Authority;
2. A maximum, one-time lump sum mortgage
				insurance premium of four percent of the Loan amount. The actual premium, based
				on market conditions, shall be periodically announced by the
				Authority;
3. Fire insurance (with
				extended coverage) premiums for one year;
4. Credit life insurance and disability
				insurance premiums, if required;
5.
				Appraisal costs;
6. Cost of credit
				verification report;
7. Legal
				fees.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-7 - Default

Current through 2024-29, July 17, 2024
A. The Lender shall document its efforts to
				collect any unpaid amounts due under a Loan. All notices of default and other
				material delivered to a borrower in connection with a Loan in default and
				copies of any other documentation prepared in connection with a Loan in default
				shall be delivered to the IHA and the Authority. The Lender shall use its best
				collection efforts and exercise that degree of diligence customary in its
				business to collect any unpaid amounts due under a Loan.
B. Notwithstanding a Lender's efforts to
				collect unpaid amounts due under a Loan as set forth in Section 7(A) of this
				Rule, no Loan shall be allowed to remain delinquent for more than 90 days. If,
				upon the 90th day, the borrower has not cured a default, the Lender shall
				deliver to the Authority a Demand for Insurance Payment.
C. Upon receipt of a Demand for Insurance
				Payment, the Authority shall pay an amount from the Fund to the Lender equal to
				the sum of the outstanding principal of the Loan, accrued interest, and accrued
				fire insurance premiums, if any.
D.
				Upon receipt of such payment, the Lender shall deliver the following documents
				to the IHA or the Authority, as applicable:
1. Original Loan closing documents including
				an assignment to the IHA of the mortgage and / or other security documents and
				an endorsement to the IHA of the promissory note and / or other documents
				evidencing the indebtedness due under the Loan;
2. A release to the Authority of all the
				Lender's claims arising out of or based upon the applicable Loan Insurance
				Certificate;
3. The fire insurance
				policy and all endorsements, with evidence acceptable to the IHA that it has
				been substituted as loss payee.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-8 - Construction Loans

Current through 2024-29, July 17, 2024
Construction Loans shall be originated and administered by
				  Lenders in accordance with their own prudent lending and loan administration
				  guidelines as applicable to disbursements of Loan proceeds and the inspection
				  of residential buildings except that, notwithstanding the Lender's guidelines,
				  improvements must satisfy applicable local codes and ordinances and federal
				  construction and habitability standards such as the BOCA Basic National
				  Building Code and the federal Housing Quality Standards as set forth in 24
				  C.F.R. § 882.109.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 7 - INDIAN HOUSING MORTGAGE INSURANCE PROGRAM RULE › Section 346-7-9 - Manufactured Housing

Current through 2024-29, July 17, 2024
Loans for the acquisition and / or improvement of
				  manufactured housing may be insured under the Program. All manufactured housing
				  must satisfy all requirements of those provisions set forth in the HOME
				  Purchase Program promulgated as Rule Chapter 1 of the Rules of the Maine State
				  Housing Authority that are applicable to manufactured housing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Authority" means the Maine State Housing
				Authority.
B. "Eligible project"
				means a project which meets the definition of
				 10 MRSA
				§963-A(10) and which
				requires an allocation of the state ceiling on tax-exempt bonds pursuant to
				Chapter 13 of the Authority's rules.
C. "Municipal Securities Approval Program"
				means the program established in
				 10 MRSA
				§1061 et. seq.
D. "Revenue obligation security" shall have
				the definition set forth in
				 10 MRSA
				§963-A(49).
E. "User" shall have the definition set forth
				in
				 10
				MRSA§963-A(50).
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-2 - Scope and Applicability

Current through 2024-29, July 17, 2024
10 MRSA
				  §1061-A(4) provides
				  that in the case of projects consisting of multi-family or single family
				  residential property the Authority shall have the responsibility to approve or
				  disapprove such projects under the Municipal Securities Approval Program. At
				  the time of issuance of the certificate of approval, the Authority will
				  determine whether a proposed project is an eligible project. The Authority's
				  determination will be based on the reasonable expectations of projected use of
				  the project set forth in the application and any additional documents required
				  by the Authority. A certificate of approval issued pursuant to this rule shall
				  be conclusive proof that the determinations required by the Municipal
				  Securities Approval Program have been made. Issuance of a certificate of
				  approval may not be relied upon as a determination that interest on the
				  securities is exempt from federal and state income taxation or as an allocation
				  or reservation under any applicable state ceiling on tax-exempt bonds.
				  Allocation of the state ceiling on housing-related bonds is governed by Chapter
				  13 of the Authority's rules.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-4 - Consideration of the Application

Current through 2024-29, July 17, 2024
Prior to issuing a certificate of approval, the Authority
				  shall publish, once in the state newspaper and in a newspaper of general
				  circulation in the municipality in which the project is to be located, if other
				  than the state newspaper, notice of the date on which the Authority will
				  consider the application. The notice shall be published at least 7 days prior
				  to the date of such consideration, shall set forth the name of the municipality
				  and the proposed user of the project, describe generally the project and set
				  forth the time and place at which the application will be considered. In
				  addition, the applicant shall give timely notice to any and all known
				  competitors, as set forth in the application in response to section
				  3, subsection N, of the time and place
				  of which the application will be considered and shall provide the Authority
				  with a copy of each notice. The Authority may prescribe the form of the notice.
				  Where the Authority determines that individual notice is not practical, other
				  or additional forms of notice may be specified.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-5 - Criteria for Issuance of Certificate of Approval

Current through 2024-29, July 17, 2024
In determining whether or not to issue a certificate of
				  approval for any project, the Authority shall determine that:
A. The project will make a contribution to
				economic growth of, or the betterment of the health, welfare, or safety of the
				inhabitants of the State.
B. The
				project will not result in a substantial detriment to existing housing in the
				State. In order to make this determination, the Authority shall consider such
				factors as it deems necessary to measure and evaluate the effect of the project
				on existing housing including:
i. Whether, as
				a result of the project, there will not be sufficient housing demand within the
				market area of the State to be served by the project to satisfy the existing
				housing stock; and
ii. Whether any
				adverse economic effect of the project on existing housing is outweighed by the
				contribution which the project will make to the economic growth of, or the
				betterment of the health, welfare, or safety of the inhabitants of the State.
Interested parties shall be given an opportunity to present
				  their objections to the project on grounds that the project will result in a
				  substantial detriment to existing housing. If any such party presents specific
				  objections the Authority may divulge whatever information concerning the
				  project which is permitted by statute and it deems reasonably necessary for a
				  fair presentation by the objecting party and evaluation of such objections. The
				  applicant shall then have the burden of demonstrating that the project will not
				  result in a substantial detriment to existing housing. A reasonably current
				  market analysis may be required by the Authority in order to meet this burden.
				  In cases where no interested parties object to the project this requirement
				  shall be deemed satisfied. If the Authority finds that the applicant has failed
				  to meet its burden, the application shall be denied.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-6 - Approvals

Current through 2024-29, July 17, 2024
The determination required to be made by this rule and the
				  issuance of certificates of approval in the name of the Authority shall be done
				  by the Director or designee of the Director pursuant to a delegation of
				  authority. Such determination or issuance by the Director or designee shall
				  constitute final agency action.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-7 - Expenses

Current through 2024-29, July 17, 2024
The Authority may require the user to reimburse the Authority
				  for its out-of-pocket expenses in connection with the application, including
				  without limitation charges of special counsel and costs of copying, mailing,
				  phone calls, advertising, and travel.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-8 - Application Fee Rebate

Current through 2024-29, July 17, 2024
The Authority will rebate part of an application fee if (i)
				  the user requests that the application be withdrawn, all existing certificates
				  be cancelled and rebate be made; and (ii) the Authority determines that there
				  is insufficient unreserved and unallocated state ceiling, as defined in Chapter
				  13 of the Authority's rules, to allow the user to commence or continue
				  implementation of the project. The amount of any rebate will be the application
				  fee less the Authority's out-of-pocket expenses and costs of personnel
				  allocable to the application, as determined by the Authority.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-9 - Location of Collateral

Current through 2024-29, July 17, 2024
Real estate and fixtures constituting a significant portion
				  of the collateral for repayment of revenue obligation securities shall be
				  located within the State. Other types of collateral constituting a significant
				  portion of the collateral for repayment of revenue obligation securities shall
				  be owned by or provided for the benefit of a person or business association
				  with a place of business in the State.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 12 - RESIDENTIAL PROPERTY MUNICIPAL SECURITIES APPROVAL RULE › Section 346-12-10 - Refunding urities

Current through 2024-29, July 17, 2024
With respect to any issue of revenue refunding securities to
				  refund securities issued under current law or any predecessor provision, the
				  Authority will not ordinarily require the issuance of a new certificate of
				  approval where there is no expansion of the project and no increase in the
				  outstanding principal amount of the securities unless such issue would require
				  an allocation of the state ceiling on tax-exempt bonds pursuant to chapter 13
				  of the Authority's rules.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-1 - INTRODUCTION

Current through 2024-29, July 17, 2024
The federal Low-Income Housing Tax Credit (LIHTC) was created
				  by the Tax Reform Act of 1986 to encourage private capital investment in the
				  development of affordable rental housing. It is governed by Section
				  42 of the Internal Revenue Code of 1986, as
				  amended, and associated regulations. As the designated housing credit agency
				  for the State of Maine, MaineHousing is required by Section 42 of the Code and
				  30-A
				  MRS §§4741(1) and
				  (14) to adopt a Qualified Allocation Plan
				  (QAP) for allocating and administering LIHTC; this rule is the State's
				  QAP.
This rule repeals and replaces in its entirety the prior
				  Chapter 16,
Low Income Housing Tax Credit Rule
, except that
				  the allocation provisions continue to apply to projects that were awarded LIHTC
				  under a prior rule, or a program subject to a prior rule.
Capitalized terms used in this rule are defined in
Appendix A
, unless the context otherwise indicates, or if not
				  defined therein, have the same meaning as set forth in Section 42 of the
				  Code.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-2 - HOUSING NEEDS AND PRIORITIES

Current through 2024-29, July 17, 2024
MaineHousing and the Department of Economic and Community
				  Development annually complete a statewide needs assessment as part of the
				  Consolidated Housing and Community Development Plan.
Maine Consolidated
				  Plan (2020-2024)
establishes the following housing priorities:
A. expand affordable housing
				opportunities;
B. improve and
				preserve the quality of housing; and
C. help Maine people attain housing
				stability.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-3 - SET-ASIDES AND MAXIMUM CREDIT AMOUNT

Current through 2024-29, July 17, 2024
A. Nonprofit
				Set-Aside. MaineHousing will set aside at least ten percent (10%) of the annual
				State Ceiling for Projects in which a Qualified Nonprofit Organization owns an
				interest and materially participates in the development and operation
				throughout the Compliance Period in accordance with Section 42(h)(5)(B) of the
				Code. An Applicant will qualify if it is owned by either a Qualified Nonprofit
				Organization, or a business corporation which is 100% owned by one or more
				Qualified Nonprofit Organization(s), and (in accordance with Section
				42(h)(5)(C) of the Code) it is the general partner or manager/managing member
				and controls the Project's development and day-to-day operation.
B. Preservation Set-Aside. MaineHousing will
				set aside up to $750,000 of the annual State Ceiling for the preservation and
				rehabilitation of one existing multifamily rental housing project if the scope
				of rehabilitation meets the minimum requirements set forth in Section
				5. C.2. and one of the following:
1. at least 25% of its units, or those in a
				Related Development, are assisted under a Rural Development program;
				or
2. at least 25% of its units
				will be converted to Section
				8 under HUD's Rental Assistance
				Demonstration (RAD) Program, Section 18 Demolition/Disposition Program or other
				HUD conversion programs.
Demolition and reconstruction on an existing housing site
				  will be treated as new construction and is not eligible for this
				  set-aside.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-4 - ALLOCATION PROCESS

Current through 2024-29, July 17, 2024
A. Pre-Application
				Submission. Each Project must undergo a mandatory Pre-Application review by
				MaineHousing to assess its feasibility, suitability for housing, and
				eligibility for Credit. Applicants must submit the information and documents
				set forth in
Appendix B
with the pre-application fee specified in
				Section 4. C. to
				MaineHousing by Wednesday, July 3, 2024 for the 2025 round and by Thursday,
				July 3, 2025 for the 2026 round. An Applicant will not be eligible for Credit
				if
1. it fails to provide a complete
				Pre-Application submission in accordance with this subsection, or
2. there is any material change in the
				Project between the Pre-Application submission and the Application unless
				required by MaineHousing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-5 - THRESHOLD REQUIREMENTS

Current through 2024-29, July 17, 2024
Applications must meet the following threshold requirements
				  to be eligible for Credit:
A.
				Affordability.
1. The Project will comply with
				Section 42 of the Code and this QAP for a minimum period of 45 years to
				maintain the Project as residential rental housing, keep at least 60% of the
				total Credit Units in a Project occupied by persons with 50% area median income
				and keep the Credit Units in the Project rent-restricted in accordance with
				Section 42 of the Code.
2. The
				Applicant waives the right to request MaineHousing to present a Qualified
				Contract under Section 42(h)(6) of the Code.
3. The Applicant must submit a letter of
				intent from an investor (and, in the event of any change in investor, the
				replacement investor) in which the investor agrees to the granting of an option
				to purchase:
(i) the Project; and
(ii) the partnership interest of the limited
				partner(s) or membership interest of the non-managing member(s) of the Project
				owner ("Purchase Options"), to one or more of the general partner, managing
				member, developer or sponsor on terms that at a minimum satisfy the threshold
				requirements set forth in
Appendix E
. The investor must also agree
				in the letter of intent that the Purchase Options complying at a minimum with
				the threshold requirements in
Appendix E
will be included in the
				Project owner's limited partnership agreement or limited liability company
				operating agreement.
4.
				If the Applicant, general partner, managing member, developer, or sponsor of
				the Project is a Qualified Nonprofit Organization, the Applicant must submit a
				letter of intent from an investor (and, in the event of any change in investor,
				the replacement investor) in which the investor agrees to the granting of a
				right of first refusal ("ROFR") to the Qualified Nonprofit Organization on
				terms that at a minimum satisfy the threshold requirements set forth in
Appendix E
. The investor must also agree in the letter of intent
				that the ROFR complying at a minimum with the threshold requirements in
Appendix E
will be included in the Project owner's limited
				partnership agreement or limited liability company operating
				agreement.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-6 - SCORING CRITERIA

Current through 2024-29, July 17, 2024
The Applicant must complete all information and submit all
				  documentation required to be eligible for points.
Project Characteristics
A. Rehabilitation or Reuse of Existing
				Housing, Structure or Site
. 5 Points
The Project site exhibits one or more of the following
				  characteristics (1 point for each that applies):
1. Replacement or rehabilitation of existing
				rental housing containing 5 or more units without permanently displacing any
				existing tenants or increasing their housing costs (including rent and all
				other charges paid by the tenant) by more than 10%;
2. Rehabilitation, remediation, or reuse of
				an existing building or structure that has a current use other than multifamily
				rental housing;
3. One or more
				buildings or structures used for purposes other than single family residential
				housing or agriculture purposes, have been or will be demolished or removed for
				purposes of redeveloping the site;
4. Lots left vacant or nearly vacant in the
				development of a downtown or other city or town center, such as vacant lots or
				parking lots abutting commercial buildings and/or multifamily rental housing.
				Vacant lots in single-family residential areas are not eligible for points
				under this subsection. Undeveloped portions of existing sites are not eligible
				for points unless the existing project on the site previously satisfied one of
				the above criteria.
or
5.
				Specifically designated by a municipality for redevelopment to renew a blighted
				area or remediate environmental risks to the occupants.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-7 - PROJECT EVALUATION

Current through 2024-29, July 17, 2024
A. Amount of
				Credit. The amount of Credit allocated will be determined as follows:
1. The calculation of the amount of Credit
				will be based on 130% of Eligible Basis. MaineHousing has designated the entire
				State as a DDA under Section 42(d)(5)(B)(v) of the Code because of the high
				cost of developing housing, the low median income, and the high annual
				operating costs for housing relative to other states;
2. To determine the amount of Credit,
				MaineHousing will use the lesser of (a) the market rent, based on the
				Application market study as approved by MaineHousing, and (b) the maximum
				Credit rent. For three or more bedroom units MaineHousing will use the maximum
				Credit rent for two-bedroom units plus $50.00;
3. The amount of Credit allocated for a
				Project will not exceed the least of
a) the
				amount the Project is eligible to receive under Section 42 of the
				Code,
b) the amount MaineHousing
				determines is necessary for financial feasibility and viability throughout the
				Credit Period, and
c) the Maximum
				Credit Amount;
4. The
				Applicant must submit financial and all other required information.
				MaineHousing will evaluate the need for Credit based on
a) all sources of financing, including the
				terms and conditions,
b) equity
				expected to be generated by reason of tax benefits, and
c) the uses of funds, including the
				reasonableness of development costs and operating expenditures; and
5. In order to determine the
				amount of Credit, MaineHousing must identify a gap between development sources
				and uses absent a Credit allocation. MaineHousing may limit recognition of
				Intermediary Costs, re-characterize Project sources and uses and make
				reasonable assumptions with respect to projected revenues and expenses.
				MaineHousing will also take into consideration any federal limitations when
				combining the Credit with other federal assistance (i.e. "subsidy layering"
				guidelines).
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-8 - ALLOCATION OF CREDIT

Current through 2024-29, July 17, 2024
A. Allocation.
				MaineHousing will issue one or more IRS Form(s) 8609 after receipt of the
				following:
1. A complete request for
				allocation of Credit in a form prescribed by MaineHousing.
2. An audit report on the schedule of project
				costs prepared by an independent, third party certified public accountant
				including all associated costs (such as commissions, due diligence, legal,
				accounting, reserves, and other similar items).
3. Certification of the Project's sources,
				including all federal, state and local subsidies in any stage of commitment.
				This certification must include income, operating and development cost
				projections and methods for satisfying any deficits.
4. The allocation fee and monitoring fee less
				the amount of any allocation fee paid in connection with the issuance of a
				carryover allocation.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-9 - TAX-EXEMPT BOND FINANCED PROJECTS

Current through 2024-29, July 17, 2024
Projects financed with tax-exempt bond proceeds must satisfy
				  all QAP requirements except
A. the
				Maximum Credit Amount limitation in Section
				3. C.,
B. the application limits in Section
				4. B.1.,
C. the application deadlines in Section
				4. B.2.,
D. the selection process described in
				Sections 4. F.,
E. the affordability threshold requirement
				set forth in Section
				5. A.,
F. the requirement of a minimum $75,000 per
				unit of Rehabilitation Costs for Projects involving the acquisition and
				rehabilitation of existing housing in Section
				5. C.2.,
G. the scoring criteria in Section
				6, and
H. the Developer Fee limits in Section
				7. B.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-10 - MONITORING

Current through 2024-29, July 17, 2024
A. Compliance with Applicable Laws. Owners
				must comply with all local, state and federal laws and regulations, including
				without limitation:
1. Section 42 of the Code
				and associated regulations and guidance;
2. UPCS and all other local, state and
				federal health, safety and building codes applicable to the Project;
3. the Federal Fair Housing Act, Title VIII
				of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act
				of 1988 (42 U.S.C. §
											3601 et seq.), Title II of the Americans with
				Disabilities Act of 1990 (42
				U.S.C. §
											12101 et seq.), and the Maine
				Human Rights Act (5 M.R.S., Chapter 337, Subchapter IV) and all other
				applicable federal, state and local fair housing and accessibility
				requirements, and the regulations, guidance and standards associated with all
				of the foregoing; and
4. Title VI
				of the Violence Against Women Reauthorization Act of 2013, 42 USC Chapter 136,
				Subchapter III, Part M, and all associated regulations and guidance, as may be
				amended (VAWA).
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 16 - LOW-INCOME HOUSING TAX CREDIT RULE › Section 346-16-11 - GENERAL

Current through 2024-29, July 17, 2024
A. Conflicts. If this rule conflicts with
				Section 42 of the Code or any other provision of federal or State law, the
				federal or State law shall control.
B. Full Discretion. MaineHousing is entitled
				to the full discretion allowed by law in making all decisions and
				interpretations under this rule.
C.
				Not an Entitlement. This rule establishes a pool of eligible Applicants but
				does not preclude additional reasonable criteria and does not confer any
				automatic right or entitlement to Credit on any person or entity eligible
				hereunder. MaineHousing may reject any and all Applications and may refuse to
				award any or all of the Credit.
D.
				Final Agency Action. The director of MaineHousing, individually or by exercise
				of the delegation of powers contained in the Act, shall make all decisions and
				take all action necessary to implement this rule. Such action of the director
				shall constitute final agency action.
E. Waiver. Upon a determination of good
				cause, the director of MaineHousing or the director's designee may, subject to
				statutory limitations, waive any provision of this rule. The waiver must be in
				writing and must be supported by documentation of the pertinent facts and
				grounds.
F. Freedom of Access Act.
				MaineHousing is subject to the Freedom of Access Act,
				1 M.R.S.
				§401 et seq., which requires the
				disclosure of all information provided to MaineHousing that is not specifically
				excluded, such as confidential information under the Act. MaineHousing shall
				not be liable for the disclosure of any information that it determines must be
				disclosed under the Freedom of Access Act.
G. Liability. Compliance with Section 42 of
				the Code is the responsibility of the Owner. MaineHousing is in no way
				responsible for an Owner's compliance or liable for an Owner's noncompliance.
				Any allocation, review or inspection by MaineHousing and any determination made
				by MaineHousing pursuant to this QAP is for the sole benefit of MaineHousing.
				No liability or responsibility for Owner compliance with Section 42 of the Code
				or other applicable requirements and no representation or warranty of a
				Project's feasibility or viability, eligibility for Credit, or compliance shall
				be implied or construed from any such actions and determinations by
				MaineHousing.
H. Headings/Context.
				The headings in this rule are for convenience only and do not define or limit
				the scope of the provisions of this rule. The use of Section, Subsection or
				Appendix without a reference to another document or source refers to a section,
				subsection and Appendix of this rule. All Appendices attached to this Rule are
				incorporated herein and made a part of this Rule.