reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.10 - Special Projects-MPDUs

Current through Register Vol. 51, No. 14, July 12, 2024
A. MPDU projects that are constructed or rehabilitated by third parties and then sold to a local government or local government entity under a local regulatory land use program shall be eligible for financing under the Program, provided that the following requirements are satisfied, instead of the requirements set forth in Regulations .04 and .07A and C of this chapter:
(1) The local government or local government entity is or will be the legal or equitable owner of the project not later than the time that capital assistance funds are disbursed; and
(2) The amount of financing provided by the Program to the project does not exceed the amount of the acquisition cost of the completed project, less the sum of:
(a) The market value of the land on which the project is located as set forth in or determined from the most recent tax assessment; and
(b) Any additional contribution from the local government as may be required in accordance with Regulation .17 of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.11 - Special Projects-Other

Current through Register Vol. 51, No. 14, July 12, 2024
A. Projects with Commercial or Other Nonresidential Space. The Department, in its discretion, may allow capital assistance for projects that are located on sites with improvements that are not eligible for financing under the Program in that the improvements are not for the purpose of providing rental housing, such as government offices or commercial space. If a project of this type does receive capital assistance, the Department may impose additional requirements pertinent to any unique factors of the project.
B. Projects for the Elderly. Projects restricted to occupancy by elderly households may receive funding under the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.12 - Terms and Conditions-Repayment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditional Repayment Obligation. Except as provided in §B of this regulation, a repayment of principal or interest on the capital assistance is not required unless the project ceases to be owned by the sponsor or operated in accordance with the requirements of the Act and this chapter and the terms and conditions of the capital assistance documents.
B. If necessary to comply with, or receive the benefit of, federal or other financial assistance, capital assistance provided under the program may be made available as a deferred payment loan repayable on the later of:
(1) The sale of the project;
(2) The failure of the sponsor to operate the project for the benefit of households of lower income in accordance with the agreements between the Department and the local government; or
(3) A maturity date set by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.13 - Terms and Conditions-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Project Income.
(1) A sponsor shall charge rents in amounts sufficient to pay all project expenses and fund project accounts as provided in the capital assistance documents and in this chapter.
(2) Project revenues, including all income from the rental of dwelling units, parking, and laundry, shall be placed in project accounts as provided in §B of this regulation and may not be withdrawn except to pay project expenses.
(3) If the total amount in the accounts in §B of this regulation reaches a level that the Secretary and the sponsor agree exceeds the reasonable foreseeable needs of a project, the sponsor and the Secretary may enter into an agreement to use the excess moneys for the housing needs of low-income and moderate-income individuals who need not reside in the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.14 - Terms and Conditions - Property, Liability, and Other Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At or before closing of a loan, and at such other times as required by the Department, the sponsor shall provide evidence that the sponsor, contractor and other parties, have obtained and maintained the following insurance:
(1) Owner's liability;
(2) Owner's property or hazard or contractor's builder's risk;
(3) Contractor's liability;
(4) Architect's errors and omissions;
(5) Engineer's errors and omissions; and
(6) Flood insurance, if the project is located in a flood hazard zone.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.15 - Terms and Conditions-Construction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Construction Standards. Construction, reconstruction, and rehabilitation funded with capital assistance shall comply with applicable codes and standards.
B. Construction Wages. The wages paid for construction, reconstruction, or rehabilitation are not subject to the requirements of the prevailing wage rates law for public work contracts, State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:
(1) More than 50 percent of the cost of the construction, reconstruction, and rehabilitation is contracted and paid for by a sponsor out of the proceeds of a loan from the Fund; and
(2) The sponsor has not by resolution or ordinance required that it shall be covered by the prevailing wage rates law for public work contracts, State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.16 - Capital Assistance Documents

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall prescribe or approve the form and content of all documents, which may include a note, deed of trust, regulatory agreement, and other instruments that the Department may require to evidence or secure the capital assistance or enforce the requirements of the Act and this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.17 - Local Contribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. For each project undertaken by a local government or local government entity, the local government shall contribute from non-State sources:
(1) All or a portion of the land for the project;
(2) Funds equal to the proportion of the acquisition cost of the property attributable to the value of the land as set forth in, or determined from, the most recent tax assessment;
(3) A contribution towards development costs that equals or exceeds the value of the land, as set forth in, or determined from, the most recent tax assessment; or
(4) A combination of the above.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.18 - Tenant Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §C of this regulation, as a condition of capital assistance, a sponsor shall provide a plan, acceptable to the Department, to ensure that households residing in partnership units contribute services to enhance or maintain the project or community in which the project is located, such as:
(1) Participation in a tenants association, which may be responsible for activities such as:
(a) Evaluation of tenant complaints with recommendations to project management for resolution;
(b) Participation in formulating operating policies for the project; or
(c) Organization of tenant or community activities;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.19 - Making an Application

Current through Register Vol. 51, No. 14, July 12, 2024
Applications for capital assistance shall be made upon standard forms prescribed by the Department and shall include the information and documentation required by the Department to assess whether the project meets the requirements of the Act and this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.20 - Application Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval.
(1) After considering the application and the availability of resources, the Program staff shall select projects for review and recommendation for funding by the Housing Finance Review Committee.
(2) The Housing Finance Review Committee shall review the projects selected by Program staff and recommend projects to the Secretary for reservation of funds and capital assistance commitments.
(3) Upon receipt of the recommendation of the Housing Finance Review Committee, the Secretary shall approve or disapprove the capital assistance and the terms of the capital assistance. A written determination that each instance of capital assistance, regardless of the capital assistance amount, is statutorily authorized and approved by the Secretary shall be executed before the issuance of a reservation of funds or capital assistance commitment.
(4) In an emergency, when urgent action is required, the Secretary may approve capital assistance that would otherwise have been forwarded to the Housing Financing Review Committee, without the recommendation of the Housing Financing Review Committee.
(5) For capital assistance below the minimum amount established by the Housing Finance Review Committee, the Director of Development Finance may approve the capital assistance.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.21 - Allocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the intent of the Department that Program funds be made available Statewide.
B. Funds generally shall be available on a first-come, first-served basis and be based upon the readiness of projects to initiate construction or rehabilitation. If a project application is submitted, but funding is not then available under the Program, the Program, in its discretion, may continue to process the application until funding is available, and then may authorize the capital assistance without the necessity of a new application.
C. If applications for capital assistance exceed available financing, the Department, in approving projects for funding, may give priority to projects that provide:
(1) A greater percentage of housing for families with children; or
(2) An equitable distribution of funds Statewide.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.22 - Fund Administration

Current through Register Vol. 51, No. 14, July 12, 2024
Funds shall be maintained in the State Treasurer's collection account and may be withdrawn by the Department upon the request of the Director of Multifamily Housing or the Director's designee to reimburse or pay for development costs. Sponsors shall requisition funds on forms prescribed by the Department in accordance with the terms of the capital assistance documents for approved development costs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.23 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Guidelines. The Program may establish from time to time detailed Program guidelines containing underwriting standards, processing requirements, and other requirements or matters relating to providing capital assistance.
B. Delegation. The Secretary may delegate to the Director of Development Finance, or to any other official or employee of the Department or Program, the authority to execute or approve any capital assistance documents or other documents governing capital assistance, except waivers pursuant to Regulation .28 of this chapter and determinations under Regulation .20B of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.24 - Nondiscrimination; Drug Free and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor or contractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in leasing or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project or undertaking financed or assisted under the program, or in any aspect of employment by any sponsor, developer, or contractor in the construction, repair, or maintenance of any property financed or assisted under the program.
B. Each sponsor or contractor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Fair Housing Act Amendments of 1988, as amended;
(4) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Americans with Disabilities Act of 1990, as amended;
(6) The Department's Minority Business Enterprise Program, as amended, if the local government does not have its own minority business participation program that is acceptable to the Department; and
(7) Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that order.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.25 - Signs

Current through Register Vol. 51, No. 14, July 12, 2024
If requested by the Department, each sponsor shall install a sign identifying the Department as a lender on the project. The sign, at the discretion of the Department, may be supplied by the Department, but in any case shall comply with the design specifications of the Department. The sponsor shall bear all costs of acquisition, delivery, and installation of a conforming sign, which costs may be included in the loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.26 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sponsors, contractors, and subcontractors shall maintain books, accounts, and records and shall file with the Department financial and other reports as the Department may require. All of these books, accounts, and records shall be open to the inspection of representatives of the Department or other agencies of the State during reasonable working hours.
B. Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the contractor and the sponsor.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.27 - Certification of Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. The sponsor shall obtain signed certificates of annual income from all tenants occupying a partnership unit and shall certify the annual incomes to the Department. The Department requires annual recertifications of income as well as periodic occupancy reports containing the information required by the Department. Leases and certifications are subject to periodic review by the Department.
B. For projects where existing tenants continue in occupancy during rehabilitation, the sponsor shall obtain signed income certifications from income-eligible tenants in partnership units before the loan closing.
C. The purpose of the certification of annual income and the reports is to assure compliance with the upper income limits established in accordance with the Act, and Regulation .08D of this chapter. In the case of a project that receives federal assistance, including low-income housing tax credits, the procedures for the certification of income prescribed by the federal agency are acceptable, including recertification waivers under 26 U.S.C. §
										42(g)(8)(B).
D. The sponsor shall verify the information contained in the certificate of income, upon the consent of the individual, with the source of income, and file with the Department a report disclosing the income of all individuals selected for occupancy unless the sponsor obtained a waiver under the federal low-income housing tax credit program, as provided in 26 CFR §
										1.42-5.
E. The sponsor shall retain all certificates of income and documents verifying the information contained in them for a period of at least 3 years from the date on which the income certification is submitted to the sponsor.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.28 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is consistent with the legal authorizations for the Program, if:
A. In the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and
B. The Secretary's determination is approved for form and legal sufficiency by the Office of the Attorney General.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.05 - Partnership Rental Housing Program › Section 05.05.05.29 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A sponsor that knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department's action, is subject to immediate acceleration of the loan, in addition to the criminal penalties authorized by Housing and Community Development Article, §
									4-1209, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for allocating federal low-income housing tax credits to eligible housing projects. The credits are created by the federal Tax Reform Act of 1986 and are allocated to each state on a per capita basis. The Governor of Maryland has designated the Department of Housing and Community Development as the housing credit agency with the responsibility for allocating the tax credits.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Program is to administer and make reservations and allocations of tax credits to eligible housing projects in order to promote the development of housing for low-income families.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated. Any terms also appearing in the Internal Revenue Code have the meanings defined there as well.
B. Terms Defined.
(1) "Administration" means the Community Development Administration, an agency in the Division of Development Finance of the Department.
(2) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended, and any successor statute as it applies to the tax credits, together with all regulations promulgated under it.
(3) "Plan" means the Administration's Qualified Allocation Plan (formerly known as the "Plan for the Allocation of Low-Income Housing Tax Credit in Maryland") currently in effect, as approved by the Governor of the State of Maryland and required by the Internal Revenue Code.
(4) "Program" means the low-income housing tax credit program as established by the Internal Revenue Code and as administered by the Administration.
(5) "Tax credits" means the low-income housing tax credits allocated under this chapter and the Internal Revenue Code.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.04 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall administer the Program according to the Plan.
B. At intervals to be determined by the Secretary, the Administration shall revise the Plan according to the procedures in the Plan and as required by the Internal Revenue Code.
C. The Administration shall have copies of the Plan available for public inspection at the offices of the Administration and on the Department's website (www.dhcd.state.md.us).
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.05 - Subsidy Layering Review

Current through Register Vol. 51, No. 14, July 12, 2024
All projects receiving an allocation of tax credits and federal financial assistance shall be reviewed by the Administration for consistency with federal subsidy layering requirements. The review shall be conducted as set forth in the Plan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.06 - Disclaimer of Liability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department and the Administration make no representations as to any tax or other consequences to a sponsor or related entities resulting from any notice of reservation of tax credits to a sponsor.
B. The Department and the Administration accept no responsibility for any tax or other consequences to any recipient or related entities arising out of any allocation of tax credits.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.07 - Discretionary Decisions and Actions

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration has sole and complete discretion to make any decision or take any action for which discretion has been granted to the Administration by the Plan or this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.06 - Low-Income Housing Tax Credits › Section 05.05.06.08 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A sponsor or recipient who knowingly makes or causes to be made a false statement or report is subject to withdrawal of its reservation of a credit, or cancellation of its allocation of a credit, by the Secretary, in addition to the criminal penalties authorized by law.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the policies, procedures, and authorizations for providing capital grants funded with State moneys for shelter, transitional, or other housing facilities for homeless households, and administering the Shelter and Transitional Housing Facilities Grant Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Program is to provide capital financing for local governments and nonprofit organizations to develop shelter, transitional, or other housing facilities for homeless individuals and families.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.04 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nonprofit sponsors and local governments are eligible to receive capital assistance for shelter, transitional, or other housing facilities for homeless households.
B. Each nonprofit sponsor or local government shall meet all of the following requirements that are applicable:
(1) If the nonprofit sponsor is a business entity, the entity shall be in good standing and be qualified to do business in Maryland;
(2) The sponsor shall:
(a) Own the property in fee simple or under a lease acceptable to the Department, or
(b) Have a valid purchase contract to acquire the property and secure acceptable title before or upon receipt of the capital assistance;
(3) The sponsor shall have all necessary legal and corporate authorizations to incur the obligations of the capital assistance;
(4) Sponsors shall be in good standing and may not be under suspension or debarment from the Department of Human Resources or from any of the Department's programs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program funds may be used for:
(1) The cost of acquiring land and buildings;
(2) Necessary studies, surveys, plans, specifications, appraisals, compaction tests, test borings, construction cost estimates, and environmental impact reports;
(3) Site preparation;
(4) Cost of labor and materials, including reasonable overhead and profit, for construction, rehabilitation, and installation of improvements as set forth in approved proposals or plans and specifications;
(5) Acquisition of capital equipment and furnishings to be installed at the project; or
(6) Fees and premiums normally incurred in real estate development including indemnity and surety bonds, hazard and liability insurance, legal and closing costs, and other costs and fees acceptable to the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.06 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify as an eligible project for capital assistance, the project shall meet the following requirements:
(1) Be located within the State;
(2) When the project is complete:
(a) Be in compliance with zoning requirements and applicable codes and standards; and
(b) Be in compliance with the Minimum Livability Code required in COMAR 05.02.03;
(3) Be owned by a nonprofit sponsor or local government; and
(4) When complete, provide a shelter, transitional, or other housing facility for homeless households.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.07 - Terms and Conditions - Repayment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditional Repayment Obligation. Repayment of capital assistance may not be required unless the project ceases to be owned by a sponsor or operated in accordance with the requirements of this chapter and the terms and conditions of the capital assistance documents.
B. Conditions for Repayment. The Department may recover capital assistance from the sponsor if:
(1) The sponsor terminates the project before completion; or
(2) Within 15 years following completion of the project:
(a) The sponsor refinances, assigns, conveys, sells, or transfers an interest in all or some portion of the project or property:
(i) To any person, agency, or organization without the prior written consent of the Department; or
(ii) For use other than as a shelter, transitional, or other housing facility for homeless households;
(b) The sponsor ceases to operate all or a portion of the project as a shelter, transitional, or other housing facility for homeless households; or
(c) The sponsor encumbers or permits any other lien against the project or the property without the prior written consent of the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.08 - Terms and Conditions - Property, Liability, and Other Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At or before closing of a loan, and at such other times as required by the Department, the sponsor shall provide evidence that the sponsor, contractor, and other parties, have obtained and maintained the following insurance:
(1) Owner's liability;
(2) Owner's property or hazard or contractor's builder's risk;
(3) Contractor's liability;
(4) Architect's errors and omissions;
(5) Engineer's errors and omissions; and
(6) Flood insurance, if the project is located in a flood hazard zone.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.09 - Terms and Conditions - Amount of Capital Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Rule. Except as provided in §B of this regulation, total capital assistance to a project may not exceed 50 percent of the total development costs of the shelter, transitional, or other housing facility for homeless households.
B. Exceptional Rule. Capital assistance may be in an amount equal to 75 percent of the total development costs of the project if:
(1) The sponsor demonstrates to the satisfaction of the Department that all available sources of funds have been sought and insufficient funds are available to the project;
(2) The sponsor agrees in writing to serve households who upon initial occupancy in the shelter, transitional, or other housing facility for homeless households have annual incomes that do not exceed 30 percent of the area median income as determined by the Department of Housing and Urban Development and adjusted for household size; and
(3) The Department determines that the project cannot support repayment of loans offered by the Department or other public lenders.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.10 - Capital Assistance Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall provide the sponsor with copies of standard form capital assistance documents.
B. The capital assistance documents may include the following:
(1) A conditional financing agreement with conditions for repayment;
(2) A notice of the Department's right to repayment which shall be filed in the land records of the jurisdiction in which the project is located;
(3) A regulatory agreement, which is an agreement covering the administrative and occupancy requirements of the capital assistance;
(4) A disbursement agreement, which is an agreement setting forth the terms and conditions for the disbursement of capital assistance funds over the course of construction or rehabilitation of the project;
(5) Contractor's letter and certification, which is an agreement provided to the Department by the project's general contractor in which the general contractor agrees not to amend the construction or rehabilitation contract without the Department's consent and, in the event of default by the sponsor, to cooperate with the Department in the completion of the project;
(6) Assurance of compliance with equal employment, civil rights, fair housing, and drug-free workplace requirements, which is an agreement committing the sponsor to comply with State and federal provisions governing employment and housing in force in the State; and
(7) Other documents as may be required by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.11 - Making an Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications for capital assistance shall be made upon standard forms required by the Department.
B. Each application shall include the following information or items:
(1) A site map that identifies the location of the property;
(2) Evidence that the sponsor owns the site or has control of the site, such as a deed, contract of sale for the site, site option agreement, or other instrument satisfactory to the Department;
(3) A general description of the site and project and the plan of action for construction, reconstruction, rehabilitation, general improvements, or purchase of capital equipment and furnishings;
(4) Evidence of the sources and availability of all financing which is not provided by the Program and which is necessary to complete a project;
(5) A management plan including:
(a) A description of the proposed services to be provided to residents of the shelter, transitional, or other housing facility for homeless households;
(b) Descriptions of the service provider and management agent, if different from the sponsor;
(c) A set of proposed administrative and maintenance procedures; and
(d) A copy of the proposed lease or leases;
(6) A description of the households expected to be served, including projected income levels and proposed rents;
(7) Evidence of compliance with any applicable zoning;
(8) Preliminary plans and specifications or a proposed scope of work, an estimate of development costs, and an estimate of any additional expenses necessary to complete the project;
(9) A proposed operating budget for the project; and
(10) Other information the Department requires which may be set forth in the application package or requested in writing by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.12 - Application Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local Governments.
(1) For each project for which an application is received under this chapter, the Department shall provide written notice and reasonable opportunity to comment on the project to the chief executive officer or the equivalent officer and the head or president of the legislative body of the political subdivision in which the proposed project is located.
(2) If a proposed project is in a municipal corporation, the notice required under §A(1) of this regulation shall be sent to the chief executive officer and the head or president of the legislative body of the municipal corporation, not the surrounding county
(3) The notice provided under §A(1) of this regulation shall contain the following information about the proposed project:
(a) Date of application;
(b) Name and description of project;
(c) Address of project;
(d) Sponsor of the project and sponsor's contact information;
(e) Amount of funding requested;
(f) Amount, type, and provider of other sources of funding;
(g) Total number of units; and
(h) Such other information as the Department deems relevant.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.13 - Allocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Priority.
(1) It is the intent of the Department that Program funds be made available throughout the State.
(2) Funds generally shall be available on a first-come, first-served basis based upon the readiness of projects to initiate acquisition, construction, rehabilitation, or purchase of capital equipment and furnishings, and provided that the Department has the right, in its sole discretion, to deny funding to any project.
(3) If a project application is submitted but funding is not then available under the Program, the Program in its discretion may continue to process the application until such time as funding is available, and then may authorize the capital assistance without the necessity of a new application.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.14 - Fund Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Funds shall be maintained in the State Treasurer's account and may be withdrawn by the Department upon the request of the Director of Multifamily Housing or the Director's designee to reimburse or pay for development costs.
B. Sponsors shall requisition funds on forms required by the Department in accordance with the terms of the capital assistance documents for approved development costs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.15 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Guidelines. The Program may establish from time to time detailed Program guidelines containing underwriting standards, processing requirements, and other requirements or matters relating to providing capital assistance.
B. Delegation. The Secretary may delegate to the Director of the Department's Division of Development Finance, or to any other official or employee of the Department or Program, the authority to execute or approve any capital assistance documents or other documents governing capital assistance, except waivers under Regulation .18 of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.16 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor or contractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, or physical or mental disability, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in leasing or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project financed or assisted under the Program, or in any aspect of employment by any sponsor, developer, or contractor in the construction, reconstruction, and rehabilitation of any project financed or assisted under the Program.
B. Each sponsor or contractor shall comply with all applicable federal, State, and local laws and department policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Department's Minority Business Enterprise Program, as amended, if the local government does not have its own minority business participation program that is acceptable to the Department; and
(6) The Department's Minority Business Enterprise Program, as amended; and
(7) Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.17 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sponsors, developers, contractors, and subcontractors shall maintain such books, accounts, and records and shall file with the Department such financial and other reports as the Department may from time to time require.
B. The books, accounts, and records shall be open to the inspection of representatives of the Department or other agencies of the State during reasonable working hours.
C. Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the contractor and the sponsor.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.09 - Shelter and Transitional Housing Facilities Grant Program › Section 05.05.09.18 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is consistent with the legal authorizations for the Program, if:
A. In the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Program; and
B. The Secretary's determination is approved for form and legal sufficiency by the Office of the Attorney General.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.10 - Maryland Appalachian Housing Program › Section 05.05.10.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter prescribes the policies, procedures, and authorizations for administering the Maryland Appalachian Housing Program and the Maryland Appalachian Housing Fund.
B. Under the provisions of Housing and Community Development Article, Title 11, Annotated Code of Maryland, the Department has been given the authority to administer the Program. The Department has assigned administration of the Program to the Community Development Administration, an agency with the Division of Development Finance, a division of the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.10 - Maryland Appalachian Housing Program › Section 05.05.10.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The objectives of the program are to provide assistance to Maryland Appalachian counties in the following areas:
A. The stimulation of production of housing for low and moderate income families; and
B. The preservation of existing housing for low and moderate income families.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.10 - Maryland Appalachian Housing Program › Section 05.05.10.04 - Eligible Forms of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
Grants, including grants with conditional repayment provisions, are the eligible form of financial assistance under the Program, unless the Department is otherwise directed by the ARC.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.10 - Maryland Appalachian Housing Program › Section 05.05.10.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may provide the following types of financial assistance from the Fund to an eligible sponsor:
(1) Planning;
(2) Site development; and
(3) Demonstration.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 05 - RENTAL HOUSING PROGRAMS › Chapter 05.05.10 - Maryland Appalachian Housing Program › Section 05.05.10.06 - Eligible Sponsors

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following entities are eligible to apply for financial assistance under the Program:
(1) Nonprofit organizations;
(2) Limited dividend organizations;
(3) Local jurisdictions eligible or potentially eligible to sponsor projects; and
(4) Public housing authorities.