reglab/statecodes huggingface dataset:
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 27 - TRANSFERS OF OWNERSHIP INTERESTS › Section 346-27-2 - Background

Current through 2024-29, July 17, 2024
MaineHousing provides funding and/or tax credits for
				  affordable multifamily and supportive housing projects through a number of
				  multifamily and supportive housing programs.
MaineHousing documents evidencing and securing this funding
				  or tax credits typically prohibit the assumption of these obligations in the
				  Transfer of an Ownership Interest without MaineHousing's prior written
				  consent.
MaineHousing will consider a request for consent to a
				  Transfer as set forth in this rule and the associated procedures established by
				  MaineHousing. MaineHousing may consent to the Transfer request, with or without
				  conditions or restrictions, or may withhold its consent to the Transfer, except
				  that MaineHousing's consent will not be unreasonably withheld.
MaineHousing's consent to a Transfer does not automatically
				  constitute MaineHousing's consent to an assignment or assumption of any funding
				  or tax credits. MaineHousing may require payment or satisfaction of any
				  funding, recapture or other obligation in connection with a
				  Transfer.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 27 - TRANSFERS OF OWNERSHIP INTERESTS › Section 346-27-4 - Criteria for Consent to an Application for Transfer

Current through 2024-29, July 17, 2024
In determining whether or not to consent to a request for a
				  Transfer, MaineHousing will be guided by the following, to the extent
				  applicable to a specific Transfer as determined by MaineHousing:
A. whether consenting to the request is
				consistent with the objectives and eligibility requirements of the applicable
				multifamily or supportive housing loan program under which the Project was
				funded or allocated tax credits;
B.
				whether, in MaineHousing's judgment, a more efficient use of public resources
				will result by consenting to rather than denying the Application;
C. the creditworthiness of any proposed new
				Owner;
D. the management experience
				of any proposed new Owner;
E.
				regulatory findings and other determinations, including but not limited to
				debarment or other ineligibility, by MaineHousing, HUD or any other federal,
				state or local government agency;
F. the Application, including any additional
				information required by MaineHousing;
G. whether the person or entity to whom the
				Transfer will be made, or any Affiliate thereof, has sought to achieve early
				termination of an extended low-income housing commitment, as defined in Section
				42(h)(6)(B) of the
				Code, through a written request to a housing credit agency to present a
				qualified contract, as defined in Section
				42(h)(6)(F) of the
				Code, or otherwise;
H. whether the
				person or entity to whom the Transfer will be made, or any Affiliate thereof,
				has sought to undermine the exercise of a right of first refusal or purchase
				option with respect to any Tax Credit Project by refusing to honor a right of
				first refusal or purchase option, by involvement in a lawsuit challenging the
				exercise of a right of first refusal or purchase option, or
				otherwise;
I. whether the Transfer
				will result in a loss of affordability or adversely affect the financial
				stability of the Project as determined by MaineHousing;
J. whether the Transfer will adversely affect
				satisfaction of all applicable regulatory and contractual
				obligations;
K. whether the
				Transfer will reduce the likelihood the Project will continue to serve the
				lowest income tenants for the longest period of time;
L. whether the new Owner was responsible for
				(1) the physical or financial condition of another project not being maintained
				in a satisfactory manner, (2) the capital needs of another project not being
				met, or (3) another project not complying with applicable regulatory or
				contractual obligations, with the term "responsible for" meaning causing or not
				making a good faith event to prevent such events;
M. the existence of any Additional
				Circumstances; and
N. any
				additional information available to MaineHousing from any source, including
				third parties.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 27 - TRANSFERS OF OWNERSHIP INTERESTS › Section 346-27-5 - Terms of MaineHousing Consent to a Transfer Request

Current through 2024-29, July 17, 2024
MaineHousing will notify each Owner requesting consent to the
				  Transfer in writing of MaineHousing's decision on the Transfer Application,
				  including any conditions or restrictions, or, if the request is denied, the
				  reason for the denial, within a reasonable time after a completed Application
				  has been submitted.
If MaineHousing consents to the Transfer, MaineHousing may
				  require the parties to the Transfer to execute assignment and assumption
				  agreements, amendments to the existing loan or regulatory documents for the
				  Project, additional security documents, extensions of affordability or use
				  covenants, guaranties of payment, intercreditor and subordination agreements,
				  and other documents, and may require new or updated title insurance policies
				  and property and liability insurance, adequate funding and control of Project
				  reserves, escrows and other accounts, evidence of and legal opinions concerning
				  entity authority, and the satisfaction of other requirements relating to the
				  Project.
MaineHousing's approval of a Transfer is not intended to
				  override any conditions to the Transfer that are contained in the limited
				  partnership agreement, limited liability company agreement or other
				  organizational documents of an Owner, and MaineHousing's conditions set out in
				  this rule are in addition to any that are contained in the organizational
				  documents.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 27 - TRANSFERS OF OWNERSHIP INTERESTS › Section 346-27-6 - Waiver

Current through 2024-29, July 17, 2024
Upon a determination of good cause, the Director of
				  MaineHousing or the Director's designee may waive any provision of this rule.
				  The waiver must be in writing and must be supported by documentation of the
				  pertinent facts and grounds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Act" means the Maine Housing Authorities
				Act, 30-A § 4701, et seq. as amended from time to time.
B. "Authority" means the Maine State Housing
				Authority.
C. "CAA" means Community
				Action Agency established pursuant to
				22 M.R.S.A.
				§5321 et seq. and selected by the
				Authority to be a Sub-grantee.
D.
				"OMB Poverty Guidelines" means 150% of the poverty level for Maine as
				calculated under the federal government's official poverty income
				guidelines.
E. "Sub-grantee" means
				the CAA receiving THAP funds.
F.
				"THAP" means the Temporary Housing Assistance Program established in 30
				M.R.S.A. §4761 et seq.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-2 - Eligible Sub-Grantees

Current through 2024-29, July 17, 2024
To be eligible to receive THAP funds, a Sub-grantee
				  must:
A. be a CAA;
B. timely pay any payments due to the
				Authority and promptly remedy any issues cited by the Authority.
C. timely submit any and all reports as
				required under this rule and any contract document with the
				Authority.
D. have the
				administrative and financial management capacity necessary to account for the
				use of THAP funds in accordance with the Act and this rule.
E. comply with all applicable federal, state
				and local laws and ordinances, as may be amended from time to time, including
				without limitation the Act and this rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-3 - Use of Funds

Current through 2024-29, July 17, 2024
THAP funds generally may be used only for the following
				  purposes:
A. Payment of security
				deposits, rent arrearages and forward rent payments;
B. Payment of other expenses necessary to
				prevent eviction or to establish a person in a residential rental
				unit.
C. No more than 10% of the
				grant may be used to pay the administrative costs of the grant.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-4 - Forms of Assistance

Current through 2024-29, July 17, 2024
A. THAP funds used
				to provide assistance to eligible applicants may be made in the form of loans
				or grants. Sub-grantee shall use THAP funds repaid to the Sub-grantee for the
				purposes set forth in Section 3 of this rule.
B. Loans may be made for a period based on
				the applicant's ability to repay the loan, not to exceed twelve (12) months.
				Interest may be charged on loans based on the applicant's ability to repay the
				loan, not to exceed three percent (3%). When an applicant cannot repay the loan
				in full within the twelve (12) month period, the repayment period may be
				extended if the loan can be repaid during the extension period. Payment of
				interest or principal on any loan or portion of a loan may be deferred or
				waived if that payment creates an undue hardship.
C. Grants may be provided only when:
1. The grant is essential to securing a
				decent, safe and sanitary rental unit for the applicant;
2. The income of the applicant is
				insufficient to repay any loan or portion of the loan;
3. All available resource alternatives have
				been exhausted;
4. The applicant
				has satisfied any other program priorities and requirements established by the
				Authority.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-5 - Priorities of Assistance

Current through 2024-29, July 17, 2024
Priority must be given to applicants who meet the following
				  criteria.
A. Applicants whose
				household income does not exceed 150% of OMB Poverty Guidelines.
B. Applicants who demonstrate a need for
				assistance.
C. Applicants who have
				the ability to repay a loan. Applicants whose household income is less than
				125% of OMB Poverty Guidelines shall be considered unable to repay a loan.
				Applicants whose household income exceeds 125% of OMB Poverty Guidelines may be
				considered able to repay a loan as determined by the CAA.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-6 - Funding Formula

Current through 2024-29, July 17, 2024
The funds shall be distributed to CAA's based on:
A. 20% of funds will be evenly distributed;
				and
B. 80% of the funds will be
				distributed based on the total number of households in poverty in each CAA's
				region, as updated from time to time by data sources including the U.S.
				Census.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-7 - Reporting Requirements

Current through 2024-29, July 17, 2024
The Sub-grantee must submit an annual report to the
				  Authority, in a format supplied by the Authority, on the expenditure of THAP
				  funds on a date set by the Authority.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-8 - Monitoring

Current through 2024-29, July 17, 2024
The Authority may copy and examine all of the Sub-grantee's
				  records and any other material pertinent to the grant at reasonable times. The
				  Sub-grantee will maintain records sufficient to meet auditing requirements of
				  the Authority.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 28 - TEMPORARY HOUSING ASSISTANCE PROGRAM RULE › Section 346-28-9 - Rule Limitations

Current through 2024-29, July 17, 2024
A. Other Laws. If
				this rule conflicts with any provision of federal or state law, the federal or
				state law shall control.
B. Pool of
				Eligible Sub-grantees. This rule establishes a pool of eligible sub- grantees
				and does not confer any rights to funding on the eligible applicants.
C. Availability of Funds. Assistance under
				this rule is conditioned on the availability of funds.
D. Waivers. Upon determination of good cause,
				the Director of the Authority or the Director's designee may, subject to
				statutory limitations, waive any provision of this rule. Each waiver shall be
				in writing and shall be supported by documentation of the pertinent facts and
				grounds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Act" means the Maine Housing Authorities
				Act,
				30-A M.R.S.A. §4701,
et seq
.
B.
				"Applicant" means the individual, municipality or entity, or their assigns,
				applying for financing governed by this Rule.
C. "CMF" means the Capital Magnet Fund
				established by the federal Housing and Economic Recovery Act of 2008.
D. "Code" means the Internal Revenue Code of
				1986, as amended.
E.
				"Commissioners" means the Director, the Treasurer of the State of Maine, and
				the eight other persons appointed to the MaineHousing board of commissioners
				pursuant to
				30-A
				M.R.S.A. §4723,
et
				seq
.
F. "Developer" means
				an Applicant, or an assign of the Applicant, who has received a Term Sheet.
G. "Development" means the land
				and buildings an Applicant or Developer intends to acquire, construct,
				rehabilitate, or preserve as rental units for Low-income Persons with funding
				from a Program.
H. "Development
				Team" means Applicants and Developers and those working in conjunction with
				them on a Development, including, without limitation, consultants, architects,
				engineers, attorneys, real estate agents and brokers, management and marketing
				agents, contractors, financial institutions, insurance agents, investment
				brokers, and service providers.
I.
				"Director" means the director of MaineHousing.
J. "General Mortgage Purchase Bond
				Resolution" means a resolution adopted by MaineHousing on February 4, 1972, as
				amended and supplemented, which authorizes MaineHousing to issue bonds for the
				purchase of first lien single-family and multifamily mortgages.
K. "HOME Investment Partnerships Act" means
				Title II of the Cranston-Gonzales National Affordable Housing Act, as amended,
				42 U.S.C. 12701,
et seq.
, and implementing regulations
				including 24 C.F.R. Part 92, all as may be amended.
L. "HTF" means the National Housing Trust
				Fund established by the federal Housing and Economic Recovery Act of 2008 and
				implementing regulations including 24 C.F.R. Part 93, all as may be
				amended.
M. "HUD" means the U.S.
				Department of Housing and Urban Development.
N. "Loan Documents" means the documents that
				evidence or secure the Developer's indebtedness and other obligations to
				MaineHousing.
O. "Low-income
				Persons" means persons or families who lack the income which is necessary, as
				determined by MaineHousing, to enable them, without financial assistance, to
				live in or purchase decent, safe and sanitary dwellings, without overcrowding.
				Financial assistance includes, but is not limited to, the following kinds of
				assistance:
(i) mortgage insurance;
(ii) interest subsidies;
(iii) rent subsidies;
(iv) public assistance payment or services;
				or
(v) any other assistance that may
				be provided by MaineHousing through the sale of bonds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-2 - Program Design

Current through 2024-29, July 17, 2024
A.
Programs
. MaineHousing shall design and offer Programs based upon
				available funds, restrictions attached to such funds, and State housing needs.
B.
Program Guides
.
				MaineHousing shall publish a Program Guide with respect to each Program and
				shall distribute the Program Guide to parties who have expressed an interest to
				MaineHousing in connection with the type of housing eligible under the Program,
				to parties MaineHousing selects for marketing the particular Program, and upon
				request.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-3 - Development Funding

Current through 2024-29, July 17, 2024
A.
Processing
				of Applications
. MaineHousing may process applications on a first come
				first served basis or may set an application due date described in the Program
				Guide for submission for review by a scoring committee.
B.
Selection for Funding
. The
				Director shall retain final discretion as to whether or not to offer financing
				to a particular Applicant for a particular Development.
C.
Availability of Funds
.
				Financing is always subject to the availability of funds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-4 - Sources of Funds

Current through 2024-29, July 17, 2024
Funds from the following sources may be made available under
				  this rule:
* taxable bonds issued by MaineHousing pursuant to
				  30-A M.R.S.A.
				  §4871
et seq.,
the
				  refunding of such taxable bonds, and other surplus funds which are considered
				  non tax-exempt funds;
* tax-exempt 501(c)(3) bonds issued by MaineHousing pursuant
				  to
				  30-A M.R.S.A.
				  §4871
et seq.
and
				  Section 145 of the Code and the refunding of tax-exempt bonds;
* tax-exempt residential rental project bonds, issued by
				  MaineHousing pursuant to
				  30-A M.R.S.A.
				  §4871
et seq
., Section
				  142(d) of the Code;
* tax-exempt essential function bonds issued by MaineHousing
				  pursuant to
				  30-A M.R.S.A.
				  §4871
et seq
. and the
				  Code and the refunding of such tax-exempt bonds;
* Housing Opportunities for Maine Fund established pursuant
				  to
				  30-A M.R.S.A.
				  §4851
et seq
.;
* HOME Investment Partnerships Act;
* HTF;
* MEHER;
* CMF;
* Project Labor Agreement Funds established pursuant to PL
				  2021, Chapter 483; and
* other funds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-6 - Low-income and Use Restrictions

Current through 2024-29, July 17, 2024
A.
Low-income
				Restrictions
. Developments shall benefit Low-income Persons as required
				by applicable laws, funding source restrictions, applicable Program Guides, and
				the Developer's commitments.
B.
Use Restrictions
. Developments may be required to serve a target
				population and provide supportive services as required by applicable laws,
				funding source restrictions, applicable Program Guides, and the Developer's
				representations.
C.
Assurance of Continued Restrictions
. The Developer shall provide
				any certifications, reports, or other assurances MaineHousing requires to
				ensure compliance with low-income restrictions and use restrictions, including
				without limitation, an agreement to be recorded in the appropriate registry of
				deeds which will obligate the Developer and its successors to comply with the
				restrictions for a period of time within the applicable Program Guide.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-8 - Interest-bearing Debt

Current through 2024-29, July 17, 2024
When MaineHousing financing includes interest-bearing debt
				  payable to MaineHousing, the financing shall be subject to the following
				  standards:
A.
Underwriting
				Standards.
MaineHousing will assess whether, in its sole discretion, a
				Development has an acceptable probability of providing rental units for
				Low-income Persons for the term required. In its assessment, MaineHousing may
				consider any combination of the following: capital budgets; operating budgets;
				long term projected cash flows; collateral value; debt service coverage ratios;
				the Applicant's credit; market evaluations; the capacity of the Development
				Team; the capacity of proposed owners; performance history of the Applicant and
				its affiliates on MaineHousing financed Developments; credit enhancements such
				as guarantees, mortgage insurance, and letters of credit; the prior performance
				of the Development; the prior performance of comparable projects; the presence
				of rental assistance or other operating funds and the likelihood the funding
				will continue; a capital needs assessment; and additional factors that
				MaineHousing deems necessary for a thorough evaluation of an application.
B.
Appraisals
.
				MaineHousing may obtain an appraisal or appraisals to determine whether there
				is adequate value in a Development. Such appraisals shall conform to the then
				current Uniform Standards of Professional Appraisal Practice and MaineHousing's
				requirements. Applicants shall reimburse MaineHousing for appraisal costs.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-10 - Selection criteria

Current through 2024-29, July 17, 2024
MaineHousing will set forth selection and approval criteria
				  germane to a particular Program in the applicable Program Guide. Such criteria
				  may include but are not limited to the following:
* how well a Development meets the objectives of the Program;
* the use of resources other than MaineHousing's resources in
				  the Development;
* the length of commitment to affordability of the
				  Development;
* the length of commitment to a particular use of the
				  Development;
* the reasonableness of costs;
* the efficiency of the use of proposed non-interest bearing
				  resources;
* financial feasibility of the Development;
* income targeting;
* community preference and support;
* support of a state agency;
* the need for the Development;
* the capacity of the Development Team;
* the capacity of the Applicant to own and operate;
* extent of tenant displacement; and
* other criteria required by a funding source or established
				  by MaineHousing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-12 - New Construction and Rehabilitation Requirements

Current through 2024-29, July 17, 2024
If the Development includes new construction or
				  rehabilitation, the following applies:
A.
Approval of Construction Documents
				and Budget
. Funding for new construction or rehabilitation is subject to
				MaineHousing's review of the drawings, specifications, construction contract,
				and budget for reasonableness and completeness. MaineHousing may require a
				competitive bidding process for any general contractors or subcontractors.
B.
Payment and Performance
				Bonds.
MaineHousing at its discretion may require any of the following
				or a combination of the following:
(i) a
				payment and performance bond,
(ii) a
				letter of credit, and
(iii) a
				maintenance bond.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-13 - Management Requirements

Current through 2024-29, July 17, 2024
The Developer shall manage the property in accordance with
				  state and federal laws, the requirements attached to the source or sources of
				  financing, applicable Program Guides, and the loan documents.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-14 - Maintenance Requirements

Current through 2024-29, July 17, 2024
A.
Minimum
				Maintenance Standards.
The Developer shall maintain the Development in
				good condition and in accordance with applicable laws and codes; the funding
				sources; the Loan Documents; and the International Property Maintenance Code
				established by the International Code Council.
B.
Inspections.
The Developer
				shall permit MaineHousing to inspect the Development as it deems reasonably
				necessary as a prudent lending institution and a responsible public
				agency.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-15 - Matching of Resources

Current through 2024-29, July 17, 2024
MaineHousing may match resources provided by a municipality
				  in connection with a Development (which resources may include, without
				  limitation, land, buildings, equipment, personnel, zoning provisions, and
				  money) on a dollar-for-dollar basis, with the value of the resources being
				  provided by the municipality to be determined by
				  MaineHousing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-16 - Rule Limitations

Current through 2024-29, July 17, 2024
A.
Other
				Laws
. If this rule conflicts with any provision of federal or state law,
				the federal or state law shall control.
B.
Waivers
. Upon determination
				of good cause, the Director of MaineHousing or the Director's designee may,
				subject to statutory limitations, waive any provision of this rule. Each waiver
				shall be in writing and shall be supported by documentation of the pertinent
				facts and grounds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-2 - Program Design

Current through 2024-29, July 17, 2024
A.
Allocation
. MSHA may allocate funds for the improvement of Single Family
				Homes of Low or Moderate Income Persons in accordance with applicable federal
				and state laws.
B.
Conditions
. Based upon such allocation, MSHA shall make funds
				available for use on Single Family Homes of Low or Moderate Income Persons on
				terms and conditions established by MSHA consistent with applicable federal and
				state laws.
C.
Programs
. MSHA shall design and offer Programs based upon available
				funds, restrictions attached to such funds, and State housing needs.
D.
Program Guides
. MSHA shall
				publish a Program Guide with respect to each Program and shall distribute the
				Program Guide to parties who have expressed an interest to MSHA in connection
				with the financing available under the Program, to parties MSHA selects for
				marketing the particular Program, and upon request. MSHA may make the Program
				Guide available on its web site.
E.
Governmental Entities
. MSHA may cooperate with and rely upon
				other Governmental Entities in the design and delivery of Programs consistent
				with this Rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-3 - Funding

Current through 2024-29, July 17, 2024
A.
Processing of Applications
.
				MSHA may process applications on a first come first served basis or set an
				application due date described in the Program Guide for submission for review
				by a scoring committee.
B.
Selection for Funding
. The Director shall retain final discretion as to
				whether or not to offer financing to a particular Applicant.
C.
Availability of Funds
.
				Financing is always subject to the availability of funds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-4 - Sources of Funds

Current through 2024-29, July 17, 2024
Funds from the following sources may be made available under
				  this rule:
taxable bonds issued by MSHA pursuant to 30-A MR.S.A.
					 §4871
et
seq.
and the refunding of such
					 taxable bonds;
									 tax-exempt mortgage revenue bonds issued by MSHA
					 pursuant to 30-A MR.S.A. §4871
et
seq.
and the Internal Revenue Code and the refunding of tax-exempt bonds;
									 Housing Opportunities for Maine Fund established
					 pursuant to 30-A MR.S.A. §4851
et
seq
.;
									 HOME Investment Partnerships Act funds;
									 State Housing Bond;
									 other funds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-5 - Types of Programs

Current through 2024-29, July 17, 2024
MSHA may offer a Program for any of the following or any
				  combination of the following:
A.
Single Family Home Rehabilitation
. Programs may provide financing
				to make non-luxury improvements to Single Family Homes of Low or Moderate
				Income Persons.
B.
Single
				Family Home Replacement
. Programs may finance the replacement of Single
				Family Homes of Low or Moderate Income Persons with mobile, modular, or other
				Single Family Homes.
C.
Emergency Repairs
. Programs may offer financing for improvements
				which need to be made immediately for the safety and well-being of residents of
				Single Family Homes of Low or Moderate Income Persons.
D.
Lead Paint Mitigation
.
				Programs may offer financing for the reduction of lead hazards in Single Family
				Homes of Low or Moderate Income Persons.
E.
Accessibility Improvements
.
				Programs may offer financing for accessibility rehabilitation to Single Family
				Homes of Low or Moderate Income Persons which will improve the quality of life
				of an existing resident who has a physical disability.
F.
Energy Programs
. Programs may
				finance improvements to the energy efficiency of Single Family Homes of Low or
				Moderate Income Persons.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-6 - Low-income and Use Restrictions

Current through 2024-29, July 17, 2024
A.
Low-income
				Restrictions
. Projects shall benefit Low or Moderate Income Persons as
				required by applicable laws, funding source restrictions, applicable Program
				Guides, and the Recipient's commitments.
B.
Assurance of Continued
				Restrictions
. MSHA may require certifications, reports, or other
				assurances to ensure compliance with affordability restrictions, including
				without limitation, an agreement to be recorded in the appropriate registry of
				deeds which will obligate Project owners and their successors to comply with
				the restrictions for a number of years.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-7 - Eligible Applicants

Current through 2024-29, July 17, 2024
To be eligible for funding, Applicants must satisfy the
				  following:
A.
Funding Source
				Restrictions
. Applicants and Beneficiaries must satisfy any criteria for
				qualification for receipt of funding attached by law or regulation to the funds
				the Applicant seeks.
B.
Program Qualifications
. Applicants and Beneficiaries must suit the
				objectives of the Program under which they are applying as set forth in the
				applicable Program Guide.
C.
Debarment
. A party may not provide rehabilitation work for Programs if
				that party (i) is debarred, suspended, or voluntarily excluded from any federal
				programs; (ii) has ever had a professional license to provide the nature of
				services the party seeks to provide in the Project suspended or revoked; or
				(iii) is debarred, suspended, or voluntarily excluded from MSHA
				programs.
D.
Conflict of
				Interest
. Applicants shall disclose their current and recent financial,
				business, professional, and family relationships and associations with any MSHA
				employee or commissioner and comply with any restrictions imposed by MSHA on
				account of conflict of interest concerns.
E.
Identity of interest
.
				Applicants shall disclose the nature of the relationship between them and any
				of their principals, proposed sellers, contractors, suppliers, and service
				providers. MSHA may, at its discretion, impose restrictions, or require
				independent appraisals, or other third party verifications on account of
				identity of interest concerns.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-8 - Amortizing Debt

Current through 2024-29, July 17, 2024
When MSHA financing includes amortizing debt payable to MSHA,
				  the financing shall be subject to the following:
A.
Underwriting Standards
.
				Program Guides shall set forth underwriting criteria which may include, without
				limitation, debt to income ratios, credit history, assets, and employment
				stability.
B.
Appraisals
. MSHA may require an appraisal in a form satisfactory to MSHA
				to determine whether there is adequate value in a Project and may require
				Applicants to reimburse MSHA for appraisal costs.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-9 - Financing Standards

Current through 2024-29, July 17, 2024
Financing of Projects will be subject to the
				  following:
A.
Documents
				Evidencing Obligations of Recipients and Beneficiaries
. Recipients and
				Beneficiaries shall execute the documents MSHA determines are necessary or in
				its best interest including, without limitation and as applicable, affidavits;
				grant agreements; promissory notes; mortgage and security agreements; financial
				assistance agreements; declarations of covenants, conditions, and restrictions;
				financing statements; regulatory agreements; escrow agreements; and
				certifications.
B.
Fees.
MSHA may limit Recipient, consultant, and other fees that MSHA finds in
				its discretion are excessive or inappropriate.
C.
Loan Insurance
. MSHA may
				require private mortgage insurance or loan insurance or guarantees from the
				federal government.
D.
Property Insurance
. MSHA may require evidence of fire, hazard,
				extended coverage, and liability insurance acceptable to MSHA and such other
				insurance as MSHA in its discretion may reasonably require, all containing the
				standard Maine mortgagee clause with loss payable to MSHA.
E.
Title Insurance
. MSHA may
				require a lender's title insurance policy or title search.
F.
MSHA Legal Opinion
. MSHA may
				require a legal opinion regarding the Applicant's legal status and authority to
				receive the financing.
G.
Escrows
. Programs may require the establishment of rehabilitation
				or other escrows in an amount and on terms established by MSHA.
H.
Prepayment
. MSHA may
				prohibit prepayment of loans, impose restrictions on prepayments, or impose
				charges in the event of prepayments in compliance with applicable
				laws.
I.
Fair Housing and
				Accessibility
. An Applicant or Recipient may be required to certify to
				its familiarity and compliance with the Federal Fair Housing Act, Title VIII of
				the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of
				1988; the Maine Human Rights Act, Subchapters IV and V; Section 504 of the
				Rehabilitation Act of 1973; and Title III of the Americans with Disabilities
				Act of 1990.
J.
Fees
.
				MSHA may charge application fees, commitment fees, financing fees, and escrow
				administration fees provided such fees are described in the applicable Program
				Guide. MSHA may also pay fees to a Recipient or another party for
				administration of Program requirements in accordance with a Program
				Guide.
K.
Other
				Requirements
. Recipients and Beneficiaries shall satisfy such other
				requirements as MSHA, in its discretion, determines are prudent.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-10 - Selection criteria

Current through 2024-29, July 17, 2024
MSHA will set forth selection and approval criteria germane
				  to a particular Program in the applicable Program Guide. Such criteria may
				  include but are not limited to the following:
how well an application meets the objectives of the
					 Program;
									 the use of resources other than MSHA's
					 resources;
									 the reasonableness of costs;
									 the efficiency of the use of proposed
					 subsidy;
									 financial feasibility;
									 geographic distribution;
									 income targeting;
									 the projected number of units to be
					 rehabilitated;
									 community preference and support;
									 support of a state agency;
									 needs;
									 the capacity of the Applicant to perform, including
					 without limitation capacity and experience in underwriting, Single Family Home
					 improvement, marketing, serving Low or Moderate Income Persons, and
					 administration of MSHA programs or other housing programs;
									 the degree to which funds will be recycled for
					 continued program activities; and
									other criteria established by MSHA.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-11 - Relocation

Current through 2024-29, July 17, 2024
Projects are subject to the following relocation
				  standards:
A.
Federally-assisted
				Projects
. Projects assisted with federal funds shall comply with the
				Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as
				amended,
				42
				U.S.C. §
										4601
et seq
.,
				and the Uniform Relocation Assistance and Real Property Acquisition Regulations
				for Federal and Federally Assisted Programs Final Rule, 49 C.F.R. 24, published
				March 2, 1989, as amended.
B.
HOME-assisted Developments
. In addition to complying with Section
				11.A. above, Projects assisted with HOME Investment Partnerships Act, Community
				Development Block Grant or Urban Development Action Grant funds shall comply
				with the requirements of §104(d) of the Housing and Community Development
				Act of 1974, as amended,
				42 U.S.C.
				5304(d)(4), and the
				Displacement Relocation Assistance, and Real Property Acquisition for HUD and
				HUD-Assisted Program Final Rule, 24 C.F.R. 42, published November 4, 1996, as
				amended.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-12 - Rehabilitation Requirements

Current through 2024-29, July 17, 2024
A.
Approval
				of Construction Documents and Budget
. Funding for rehabilitation may be
				subject to MSHA's review of the drawings, specifications, construction
				contract, and budget for reasonableness and completeness. MSHA may require a
				competitive bidding process for any general contractors or
				subcontractors.
B.
Women-owned and Minority-owned Business Enterprises
. MSHA may
				require Recipients to promote the use of women-owned and minority-owned
				business by at a minimum: (i) placing qualified women-owned and minority-owned
				business enterprises on solicitation lists; (ii) assuring that women-owned and
				minority-owned business enterprises are solicited whenever they are potential
				sources; (iii) dividing total requirements, when economically feasible, into
				small tasks or quantities to permit maximum participation by women-owned and
				minority-owned business enterprises; and (iv) document efforts used to
				encourage the use of and contracting with women-owned and minority-owned
				business enterprises.
C.
Codes and Standards
. All elements of a Project shall meet all applicable
				federal, state, and local codes, ordinances, and regulations in addition to
				MSHA requirements.
D.
Interpretation of Codes and Standards.
If there is a question in
				interpretation of codes or standards, the construction or rehabilitation shall
				conform to MSHA's interpretation of such codes and standards.
E.
Inspections
. Recipients and
				Beneficiaries shall permit MSHA to inspect Projects as it deems reasonably
				necessary as a prudent lending institution and a responsible public
				agency.
F.
Other
				Requirements
. Recipients and Beneficiaries shall comply with all
				requirements MSHA, in its discretion, determines are prudent.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 30 - SINGLE FAMILY HOME IMPROVEMENT LOAN PROGRAMS › Section 346-30-13 - Rule Limitations

Current through 2024-29, July 17, 2024
A.
Other
				Laws
. If this rule conflicts with any provision of federal or state law,
				the federal or state law shall control.
B.
Waivers
. Upon determination
				of good cause, the Director of MSHA or the Director's designee may, subject to
				statutory limitations, waive any provision of this rule. Each waiver shall be
				in writing and shall be supported by documentation of the pertinent facts and
				grounds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 31 - AFFORDABLE HOUSING DEVELOPMENT DISTRICT - RECOVERY OF PUBLIC REVENUE › Section 346-31-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms shall have the following meanings:
A. "Affordable Housing" means a decent, safe
				and sanitary dwelling, apartment or other living accommodation for a household
				whose income does not exceed 120 percent of the median income for the area as
				defined by the United States Department of Housing and Urban
				Development.
B. "Affordable Housing
				Development District" means a specified area within the corporate limits of a
				municipality that has been designated as such in accordance with the provisions
				of Sections 5247 and 5250 of Title 30-A M.R.S.A. for a duration of up to 30
				years and that is developed under an Affordable Housing Development Program and
				financed under Section 5250-A of Title 30-A M.R.S.A.
C. "Affordable Housing Development Program"
				means a statement of means and objectives designed to encourage the development
				and maintenance of Affordable Housing within an Affordable Housing Development
				District.
D. "Authority" means the
				Maine State Housing Authority.
E.
				"Captured Assessed Value" means the amount of Increased Assessed Value that is
				utilized from year to year to finance the Project Costs contained in the
				Affordable Housing Development Program.
F. "Current Assessed Value" means the
				assessed value of the District certified by the municipal assessor as of April
				1st of each year that the Affordable Housing Development District is in
				effect.
G. "Director" means the
				Director of the Authority.
H.
				"District" means an Affordable Housing Development District.
I. "Increased Assessed Value" means the
				valuation amount by which the Current Assessed Value of an Affordable Housing
				Development District exceeds the Original Assessed Value of the
				District.
J. "Original Assessed
				Value" means the assessed value of an Affordable Housing Development District
				as of March 31st of the tax year preceding the year in which it was
				designated.
K. "Project Costs" means
				any expenditures or monetary obligations incurred or expected to be incurred
				that are authorized by Section 5249 of Title 30-A M.R.S.A. and included in the
				Affordable Housing Development Program.
L. "Tax Shifts" means the effect on a
				municipality's State revenue sharing, education subsidies and county tax
				obligations that results from the designation of an Affordable Housing
				Development District and from Captured Assessed Value.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 31 - AFFORDABLE HOUSING DEVELOPMENT DISTRICT - RECOVERY OF PUBLIC REVENUE › Section 346-31-2 - Recovery of Public Revenue

Current through 2024-29, July 17, 2024
a. For any period
				of time during which conditions for approval of an Affordable Housing
				Development District of continuing applicability after approval of the District
				by the Director were not maintained, the municipality where the District is
				located shall not claim for that period of noncompliance the corresponding
				amount of local valuation as Captured Assessed Value on the municipal valuation
				return that the municipality is required to file with Maine Revenue Services
				pursuant to 36 M.R.S.A. Section383.
b. For any period of noncompliance with
				conditions of approval of an Affordable Housing Development District for which
				the municipality where the District is located has claimed the corresponding
				amount of local valuation as Captured Assessed Value on the municipal valuation
				return filed with Maine Revenue Services for that period, the municipality is
				liable to the Authority and shall pay to the Authority, on demand, the value of
				the Tax Shifts benefiting the municipality during the period of the
				noncompliance. The Authority may, in its discretion, waive events of
				noncompliance that are insubstantial or that are being corrected diligently and
				in good faith or for other reasons satisfactory to the Authority.
c. The Authority shall take those steps
				necessary to recover the value of the Tax Shifts as provided in Section 2. b of
				this rule. Nothing in this rule precludes a municipality from recovering such
				amounts from a developer, owner, or sponsor of Affordable Housing or other
				responsible entity to the extent permitted by applicable law.
d. The Authority shall remit to the
				Treasurer, State of Maine, amounts recovered from a municipality that represent
				the value of the Tax Shifts described in Section 2. b of this rule.
e. A municipality seeking approval of an
				Affordable Housing Development District by the Director shall be required, as
				an additional condition of such approval, to enter into a binding agreement
				with the Authority in which the municipality expressly agrees to be bound by
				terms and conditions substantially similar to those set forth in this
				rule.