reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.15 - Affordable Rental Housing Requirements-Rent and Occupancy Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. In order to quality for HOME funds, a rental housing development project shall meet the additional requirements of Regulations .15 and .16 of this chapter.
B. Rent Limits.
(1) The rent limits in this section apply to rent plus utilities or utility allowance, as applicable.
(2) Except as provided in §B(3) of this regulation, to qualify as affordable housing and a recipient of HOME funds, project rents may not exceed the lesser of:
(a) Fair market rent established by HUD for the area;
(b) An amount that does not exceed 30 percent of the adjusted income of a household whose gross income equals 65 percent of median income as determined by HUD and adjusted for the number of bedrooms in the unit; or
(c) An amount that does not exceed limits, if any, established by the Department.
(3) Unless a unit has been allocated federal low-income housing tax credits, if the income of an existing tenant of a HOME-assisted unit exceeds 80 percent of area median income adjusted for household size, the rent charged for the HOME unit shall be adjusted to the lesser of:
(a) The amount payable by the tenant under State or local law; or
(b) 30 percent of the household's adjusted monthly income, as recertified annually.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.16 - Rental Housing Requirements-Landlord Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nondiscrimination. Households having vouchers under the Section 8 Tenant-Based Assistance: Housing Choice Voucher Program ( 24 CFR Part 982 ) or other tenant-based rental assistance, including the HOME tenant-based rental assistance program, may not be excluded from units in the HOME project because of the status of the prospective tenant as a holder of such voucher or other tenant-based assistance document.
B. Annual Review.
(1) Tenant Income.
(a) Owners shall examine the income of each tenant household annually.
(b) Unless a unit has been allocated federal low-income housing tax credits, tenants who no longer qualify as income eligible households shall pay rent equal to the lesser of:
(i) The amount payable by the tenant under State or local law; or
(ii) 30 percent of the household's adjusted monthly income as recertified annually.
(c) If noncompliance with the occupancy requirements is caused by an increase in tenant income, all vacancies shall be filled with eligible households until the noncompliance is corrected.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.17 - Affordable Homeownership Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. In order to qualify for HOME funds, a homeownership project shall meet the requirements of §D of this regulation and either §B or C of this regulation, as applicable.
B. Acquisition of a House.
(1) A single family house or one-to-four family residence, the purchase of which is to be assisted with HOME funds, shall meet the criteria set forth in §§B(2)-B-1 of this regulation.
(2) The purchase price of a single family home or one-to-four family residence may not exceed the lesser of:
(a) The upper house prices set by the Secretary for the Maryland Mortgage Program from time to time; or
(b) 95 percent of the median purchase price for the type of house in the State, as determined by HUD.
(3) The estimated appraised value at acquisition or after any repairs required to meet the standards of Regulation .14 of this chapter may not exceed the limit described in §B(2) of this regulation.
(4) The house is expected to be the principal residence of an income eligible household at the time of purchase.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.18 - Tenant-Based Rental Assistance Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. In order to qualify for tenant-based rental assistance, a tenant-based rental assistance project or program shall meet the applicable requirements of this regulation.
B. Tenant-Based Rental Assistance-General Conditions.
(1) Tenant-based rental assistance may only be provided to income-eligible households.
(2) Except as provided in §B(3) of this regulation, recipients of tenant-based rental assistance shall be selected on the basis of written tenant selection criteria, developed by the Department or its designee.
(3) Relocation Exception for HOME-Assisted Units.
(a) The Department or its designee may select income eligible households who currently reside in units that are designated for rehabilitation or acquisition under the HOME program without requiring that the household meet the written tenant selection criteria.
(b) Households selected under §B(3)(a) of this regulation may use the tenant-based rental assistance in the rehabilitated or acquired unit or in any other qualified housing.
(4) Tenant-based rental assistance shall be used within the boundaries of the State.
(5) The Department or its designee shall enter into a rental assistance contract or agreement with an owner leasing a unit to an assisted household or directly with an eligible household.
(6) Before entry into a rental assistance contract or agreement, the Department or its designee shall review each lease and shall disapprove a lease if the:
(a) Rent is not reasonable, based on rents that are charged for comparable unassisted rental units; or
(b) Lease does not comply with the requirements in Regulation .16C of this chapter.
(7) Housing occupied by a household receiving HOME tenant-based rental assistance under this regulation shall meet the housing quality standards set forth in 24 CFR §
											982.401 or the successor requirements as established by HUD.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.19 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Housing Program Applications. Applications for HOME funds for a project under one of the DHCD housing programs shall be part of the DHCD loan application and shall include the information and supporting documentation specified on the application form.
B. Maryland HOME Initiatives Program Fund Applications.
(1) Application for Maryland HOME Initiatives Program Funds shall be made on the application form approved by the Department.
(2) The application shall include the following information and supporting documentation:
(a) A detailed description of the proposed project or activity;
(b) Organizational documents of the applicant unless the applicant is a local government;
(c) Sufficient information and documentation to determine the extent, if any, to which the project or activity will change the type of use or increase the intensity of the existing use of the property;
(d) For projects:
(i) Preliminary plans and specifications including summary scope of work, preliminary drawings, and cost estimates,
(ii) Proposed operating budgets, development budgets, and rents or sale prices,
(iii) Evidence of zoning compliance or, if a zoning variance or exception is required, evidence that the request for variance or exception has been filed and a hearing date has been scheduled,
(iv) Evidence of site control including a deed, contract of sale, lease with purchase option, or other form of site control acceptable to the Administration,
(v) Evidence of compliance with local planning requirements, if applicable, and
(vi) Evidence of the availability of financing including commitment, feasibility, or conditional commitment letters from lenders or grantor which establish that the lender or grantor has determined that the project is feasible and state the amount and terms and conditions of funding for the project;
(e) For programs:
(i) Detailed outline of policies, procedures, and eligibility requirements for the Program, and
(ii) Evidence satisfactory to the Department of demand for the Program including demographic and market data, if available.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.21 - Nondiscrimination and Drug-Free and Alcohol-Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor or other recipient of HOME funds 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 other recipient of HOME funds 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;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(4) The Americans with Disabilities Act of 1990, as amended;
(5) The Department's Minority Business Enterprise Program, as amended;
(6) The Fair Housing Amendments Act of 1988, as amended; and
(7) Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department regulations adopted or to be adopted to carry out the requirements of that Order and any regulations promulgated under it.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.22 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for waivers under §D of this regulation, any action or decision required or permitted to be taken or made by the Department under these regulations may be taken or made by the Director or the Director's designee.
B. The Department may terminate an approval of funds or refuse to make additional disbursements under a loan agreement if the Department finds that the borrower is not complying with any of the requirements of the Program or the financing documents.
C. The Department may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public.
D. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver or variance is not inconsistent with the provisions of 24 CFR Part 92 and the HOME Investments Partnerships Act, Title 11 of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. §
										12701 et seq., if:
(1) In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Program or 24 CFR Part 92 or 42 U.S.C. §
											12701 et seq.; or
(2) Conformance with the requirements of any federal, State, or local programs in connection with the HOME Program necessitates waiver or variance of a regulation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.01 - Maryland HOME Program › Section 05.12.01.23 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not knowingly make or cause to be made any false statement or report in any documents required to be furnished to the Department by any agreement relating to the program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter describes the policies and procedures the Community Development Administration will use to administer financing adjustment factor funds granted to the State under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, P.L. 100-628, as amended, to provide financial assistance to individuals, local governments, developers, and nonprofit organizations to provide decent, safe, and sanitary housing affordable to very low-income families or persons.
B. This chapter describes the specific eligible uses, restrictions, and procedures used to administer financing adjustment factor funds in the State.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The objectives of the Administration in its use of Financing Adjustment Factor Funds are to:
A. Finance affordable housing in conjunction with housing loan programs administered by the Department by awarding funds to local governments, nonprofit sponsors, and developers, and for-profit sponsors and developers to:
(1) Promote the development or rehabilitation of rental housing for households of very low income;
(2) Promote homeownership opportunities for households of very low income; or
(3) Facilitate nonprofit ownership of group housing for persons of very low income with special need;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.04 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may use FAF funds to finance the following:
(1) Rental housing;
(2) Homeownership;
(3) Housing for persons with special housing needs; or
(4) Accessory, shared, or sheltered housing facilities.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.05 - Eligible Activities

Current through Register Vol. 51, No. 14, July 12, 2024
FAF funds may be used for the following:
A. Activities identified in 24 CFR §
										811.110, as amended;
B. Interest rate subsidies;
C. Direct rental subsidies;
D. Grants or loans for housing very low-income households, including housing in mixed income or mixed use projects;
E. Interest subsidies, grants, or loans to enable very low-income households to acquire ownership of single family housing units; and
F. Funds to assist in the acquisition, construction, and rehabilitation of housing for homeless persons, very low-income households, or persons at risk of becoming homeless, and other special needs populations consisting of very low-income households.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.06 - Eligible Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. FAF funds may be used only to pay the development costs of dwelling units to the extent they are or would be chargeable for federal income tax purposes to the project's capital account with a proper election by a taxpayer.
B. FAF funds may be used toward the development costs of mixed-income or mixed-use projects, if the costs:
(1) Would be properly includable in an FHA-insured mortgage loan insured under the National Housing Act, 12 U.S.C. §
											1715l(d)(4); and
(2) Are allocable to dwelling units to be occupied by very low-income households and facilities related and subordinate to a FHA insured mortgage loan under the National Housing Act, 12 U.S.C. §
											1715l(d)(4).
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.07 - Terms and Conditions of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Occupancy Requirements and Income Restrictions.
(1) For residential rental projects, all of the residential rental units financed with FAF funds shall be rented only to very low-income households.
(2) For homeownership projects, the recipients of FAF Funds shall be very low-income households.
(3) For homeownership projects subsidized with FAF Funds, if the Administration makes ongoing grants or subsidies from FAF Funds, the Administration shall recertify every 2 years that the recipients continue to be very low-income households and continue to occupy the unit.
(4) Term of Income Restrictions.
(a) All residential rental projects subsidized with FAF Funds shall be income-restricted for a minimum of 10 years.
(b) All homeownership units subsidized with FAF Funds shall be owned and occupied by the recipient of the FAF funds at the time the financial assistance is received.
(5) Inspection by HUD. The sponsor shall agree to permit HUD to inspect the units financed with FAF funds at reasonable times during business hours and under reasonable conditions.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.08 - Use of FAF Funds by the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration, in its discretion, may use FAF funds in connection with a project financed under a single family program, multifamily program, community legacy program, or Maryland HOME program if the project complies with this chapter and the regulations of the single family program, multifamily program, community legacy program, or Maryland HOME program, as applicable.
B. The Administration, in its discretion, may use FAF funds for the programs identified in §A of this regulation instead of funds provided under a single family program, multifamily program, community legacy program, or Maryland HOME program, if the sponsor:
(1) Identifies a specific single family program, multifamily program, or Maryland HOME program, or identifies the community legacy program for which the project qualifies;
(2) Agrees to comply with the regulations of the specific identified program; and
(3) Agrees to comply with this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 12 - FEDERAL HOUSING PROGRAMS › Chapter 05.12.02 - Financing Adjustment Factor Funds › Section 05.12.02.09 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of this chapter if:
A. The waiver is consistent with the Act;
B. Any necessary approvals from HUD are obtained; and
C. The Secretary determines that:
(1) An emergency exists; or
(2) The application of a regulation in a specific case would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter prescribes the policies, procedures, and authorizations for providing financial assistance to eligible small businesses, nonprofit organizations, and microenterprises from the Neighborhood Business Development Fund and for administering the Business Development Program, also known as the Neighborhood Business Works Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
The purposes of the Program as set forth in the Act are:
A. In priority funding areas or eligible opportunity zones, to:
(1) Help develop, redevelop, or expand small businesses and microenterprises;
(2) Stimulate investment by the private sector;
(3) Invest in revitalization projects for small businesses and microenterprises; and
(4) Stimulate political subdivisions to participate in developing and expanding small businesses and microenterprises; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.04 - Eligible Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
Applicants shall meet the following minimum requirements to be eligible to apply for financial assistance under the Program:
A. Be in good standing and qualified to do business in Maryland;
B. Be a small business, nonprofit organization, or microenterprise; and
C. Have the legal capacity and all necessary legal authority to incur the obligations involved in the form of financial assistance provided under the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Financial assistance may be used for:
(1) Loans or grants for project development costs including, but not limited to:
(a) The acquisition of:
(i) Land;
(ii) Structures;
(iii) Equipment; or
(iv) Furnishings which are or will be apart of a project;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.06 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
In order to be eligible for financial assistance, a project shall satisfy the following requirements:
A. The project is located within the State;
B. The project is located in a priority funding area or eligible opportunity zone;
C. As determined by the Department, the financial assistance from the Program and the financial assistance requested is the least amount of money necessary to make the project financially feasible;
D. The project is ready to proceed upon receipt of financial assistance under the Program;
E. Food desert projects:
(1) Include a plan to seek out sources of Maryland-grown produce and Maryland-produced foods; and
(2) Are located in a food desert or a priority funding area or eligible opportunity zone that serves food deserts;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.07 - Terms and Conditions of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The financial assistance from the Program shall be on such terms as the Department considers necessary to make the project financially feasible.
B. The Department may require an approved applicant to make a cash contribution or other form of contribution to the project.
C. Secured or Unsecured Loans.
(1) The Program may offer financial assistance as secured or unsecured loans.
(2) Secured Loans.
(a) Financial assistance in the form of a loan from the Program may be secured, at the discretion of the Department.
(b) The security shall be acceptable to the Department and may be:
(i) A mortgage or deed of trust lien;
(ii) A cash escrow;
(iii) A letter of credit;
(iv) A pledge of depository accounts;
(v) A pledge of accounts receivable;
(vi) An assignment of income;
(vii) A security interest in machinery and equipment; or
(viii) Any other form of security or collateral acceptable to the Department.
(3) Repayment. The principal and interest of a loan made or guaranteed under the Program shall:
(a) Be repayable out of revenues specified by an approved applicant;
(b) Bear interest at a rate determined to be necessary and reasonable for the project which may be as low as zero percent; and
(c) Be repayable in accordance with a schedule determined by the Department, including a deferred payment schedule.
(4) Modification. In order to facilitate the successful completion or operation of a project, the Department may modify:
(a) The rate of interest;
(b) The time or amount of payment; or
(c) Any other term of a loan.
(5) Default. In the event of default, the Department shall have the right to modify the rate of interest, the time or amount of payment, or any other term of financial assistance in order to ensure repayment and achieve the purposes of the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.08 - Applications and Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application for financial assistance shall be submitted to the Department and shall be made upon standard forms prescribed by the Department. Each application shall:
(1) Be submitted by an eligible applicant as described in Regulation .04 of this chapter;
(2) Contain the applicant's organizational documents, including, as applicable, its articles of incorporation and bylaws, its articles of organization and operating agreement, its certificate of limited partnership and limited partnership agreement, or its partnership or joint venture agreement;
(3) Contain a description of the project;
(4) Contain a description of all sources of funding the applicant has obtained for the project;
(5) Contain sufficient information to determine that the:
(a) Project is located in a priority funding area or eligible opportunity zone;
(b) Project is eligible in accordance with Regulation . 06 of this chapter;
(c) Terms and requirements of financial assistance as set forth in Regulation .07 of this chapter can be met; and
(d) Applicant is eligible in accordance with Regulation .04 of this chapter; and
(6) Contain the following additional information:
(a) The estimated number and types of jobs to be created or retained by the project;
(b) The amount, size, and types of space to be created or retained;
(c) The cost of the project;
(d) A project budget identifying all sources and uses of funds;
(e) A pro forma showing anticipated project revenue, expenses, and debt service and other indebtedness of the project;
(f) Identification of the revenues which can be used to repay the financial assistance provided by the Program; and
(g) Other and further information as the Program may request.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.09 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicants, 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. 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.
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 applicant.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.10 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program may establish from time to time detailed Program guidelines containing underwriting standards, processing requirements, and other requirements or matters relating to providing financial assistance.
B. The Program shall make a reasonable, good faith effort to make 25 percent of Program loans and grants to microenterprises.
C. In accordance with the Act, the Department shall, for each State fiscal year, reserve at least the lesser of $5,000,000 or the annual capital appropriation for the Fund to make financial assistance available to projects located in sustainable communities.
D. The Department may charge and collect from an applicant or recipient of financial assistance under this title:
(1) Origination, application, and processing fees; and
(2) Any other charges, fees, or reimbursements incidental to a project application or providing financial assistance.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.11 - Approved Entities

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Department may approve an entity to originate and administer financial assistance in accordance with this chapter.
B. To be eligible to administer a financial assistance program, the entity shall submit an application to the Department and meet the following minimum criteria to the satisfaction of the Department:
(1) Provide evidence satisfactory to the Department supporting the entity's demonstrated ability to:
(a) Manage a performing portfolio of business loans;
(b) Evaluate applications for financial assistance, underwrite loans, and administer financial assistance programs;
(c) Leverage Program proceeds with other private or public sources of funding;
(d) Comply with Program statutes, regulations, guidelines, and policies;
(e) Provide adequate resources and staff to implement the Program, including staff trained to efficiently:
(i) Process loan applications, draw schedules, and otherloan documentation;
(ii) Evaluate loan portfolio performance; and
(iii) Monitor the work performed with the Program proceeds;
(f) Provide substantive technical assistance to recipients of financial assistance;
(g) Obtain coverage by a fidelity bond or employee dishonesty liability insurance as determined by the Department; and
(h) Be duly organized and in good standing in the State of Maryland; and
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.12 - Nondiscrimination and Drug-Free and Alcohol-Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant 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. An applicant or contractor shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding discrimination, equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including:
(1) Title VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) The Department's Minority Business Enterprise Program, as amended;
(5) Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order;
(6) State Government Article, Title 20, Annotated Code of Maryland, as amended; and
(7) The Americans with Disabilities Act of 1990, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.13 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary provisions of these regulations to the extent that the waiver or variance is consistent with the Act and if, 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.01 - Business Development Program › Section 05.13.01.14 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Department by an agreement relating to financial assistance.
B. A person applying for or benefiting from financial assistance under the Program may not knowingly make or cause to be made a false statement or report for the purpose of influencing the action of the Department on an application or for the purpose of influencing the action of the Department affecting financial assistance already provided.
C. A person who violates §A or B of this regulation is:
(1) Subject to immediate cancellation or acceleration of the form of financial assistance provided by the Program; and
(2) Guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $50,000, or imprisonment not exceeding 5 years, or both.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the policies and procedures for:
A. Making Main Street Improvement Program grants to local jurisdictions and nonprofits to promote the development and revitalization of business districts in local jurisdictions; and
B. Designating Maple Street communities that will benefit from Main Street Improvement Program grants to help promote revitalization of residential areas adjacent to designated Main Streets.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Approved nonprofit organization" means a nonprofit organization that has been designated by a local jurisdiction to apply for Program funding on behalf of that local jurisdiction.
(2) "Business district" means a geographically specified area, located within a sustainable community of a local jurisdiction, in which the predominant activity carried on is the operation of trades and businesses.
(3) "County" means any of the 23 counties of this State, and the Mayor and City Council of Baltimore.
(4) "Department" means the Department of Housing and Community Development.
(5) "Designated jurisdiction" means a local jurisdiction that is, or that contains, an officially approved and recognized Main Street Maryland community.
(6) Repealed.
(7) "Director" means the Director of the Division.
(8) "Division" means the Division of Neighborhood Revitalization.
(9) "Local jurisdiction" means a county or municipality.
(10) "Main Street Maryland community" means a commercial area in a local jurisdiction designated by the Secretary as a Main Street Maryland community under the Main Street Maryland Program.
(11) "Main Street Maryland Program" means the program for local jurisdictions operated by the Department since 1998.
(12) "Maple Street community" means an area designated by the Secretary under Regulation .08 of this chapter.
(13) "Nonprofit organization" means a corporation, foundation, or other entity that specifies in its charter or bylaws that no part of the net earnings may inure to the benefit of any private shareholder or individual holding any interest in that entity.
(14) "Program" means the Main Street Improvement Program.
(15) "Secretary" means the Secretary of Housing and Community Development.
(16) "Sustainable community" means the part of a priority funding area that:
(a) Has been designated as a sustainable community in accordance with COMAR 05.17.02;
(b) Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or
(c) Has been designated as a transit-oriented development under Transportation Article, §
											7-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.03 - Eligible Grantees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local jurisdictions and approved nonprofit organizations are eligible to receive grants under the Program.
B. Applicants shall meet the following minimum requirements to qualify for a Program grant:
(1) Have the legal capacity to enter into a grant agreement;
(2) Satisfy all legal requirements to operate in the State;
(3) Not have defaulted on any prior assistance from the Department; and
(4) Not be currently barred or suspended from any of the Department's programs.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.04 - Eligible Uses of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant funds may be used to pay for costs associated with projects which support the development or revitalization of business districts, including:
(1) Gateway, directional, or highway signage associated with a business district;
(2) Acquisition, development, or improvement of property associated with projects which will assist the development or revitalization of a business district;
(3) Facade improvement programs;
(4) Public improvements to business districts, such as:
(a) Sidewalk repair and replacement;
(b) Thoroughfare and public lighting;
(c) Street furniture;
(d) Landscaping;
(e) Trash cans; and
(f) Banners;
(5) Engineering and architectural design studies for:
(a) Key properties;
(b) Parking; and
(c) Market and business recruitment strategies which will improve a business district;
(6) Demolition of vacant and abandoned buildings;
(7) Promotional materials, such as:
(a) Advertising campaigns;
(b) Brochures;
(c) Banners; and
(d) Shopping bags;
(8) Other projects that have been identified in the applicant's work plans as key to its Main Street efforts; and
(9) Operating assistance for Main Street Maryland managing organizations.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.05 - Grant Allocation System and Award Cycle

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant Allocation.
(1) Grant funds shall be allocated in accordance with the criteria set forth in Regulation .07B of this chapter. Grant awards to eligible applicants shall take into consideration the need to fund a variety of projects, and to serve as many geographic areas of the State as possible.
(2) The Department may refuse to consider applications with incomplete information.
(3) The Department may make grant awards to particular projects and decline to make awards to otherwise eligible projects, based on the Department's assessment of the project's overall merit and its merit relative to competing applicants.
(4) The Department may fund projects at levels less than requested based on the:
(a) Number of applications;
(b) Merit of each project; and
(c) Amount of funding available.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.06 - Grant Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local Contributions.
(1) A local contribution of cash from or on behalf of the local jurisdiction is required.
(2) The local contribution shall equal or exceed the grant amount.
(3) The local contribution may be derived from private funds or public funds other than State funds.
(4) The local contribution shall be used in the project funded by a grant under the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.07 - Applications and Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications shall be made upon standard forms prescribed by the Department. Each application shall include sufficient information and documentation to determine the:
(1) Type of project;
(2) Cost of a project;
(3) Support for a project by a local jurisdiction, the property owners and businesses in a business district, and the community surrounding a business district; and
(4) Type and amount of the local contribution required under Regulation .06A of this chapter.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.08 - Designation of a Maple Street Community

Current through Register Vol. 51, No. 14, July 12, 2024
A. A community must be located within a priority funding area identified under State Finance and Procurement Article, § 5-7 B-02, Annotated Code of Maryland, to be eligible for a Maple Street community designation.
B. An application submitted to the Department for designation as a Maple Street community shall:
(1) Be on a form approved by the Department, which may be in electronic or paper form;
(2) Be submitted by a date to be determined by the Department; and
(3) Contain the information and supporting documentation required by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.09 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise set forth in this chapter, the Department designates the Division to administer all aspects of the Program, and to be a party to each agreement executed in connection with a grant.
B. Except as otherwise set forth in this chapter, the Department designates the Division to administer all aspects of the Maple Street Program, and to be a party to each agreement executed in connection with a grant.
C. Other action or decision required or permitted to be taken by the Department under this chapter may be taken by the Director, or the designees of the Director.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.10 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
Local jurisdictions shall maintain such books, accounts, and records and shall file with the Department such financial and other reports as the Department may require. All of these books, accounts, and records shall be open to the inspection of the Department or other agencies of the State during reasonable working hours.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.11 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local jurisdictions and approved nonprofit organizations may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program, or in any aspect of employment by any local jurisdiction and approved nonprofit organization in connection with any project financed or assisted under the Program.
B. Each local jurisdiction and approved nonprofit organization shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Americans with Disabilities Act of 1990, as amended;
(4) The Fair Housing Amendments Act of 1988, as amended;
(5) The Department's Minority Business Enterprise Program, as amended;
(6) The Governor's 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; and
(7) State Government Article, Title 20, Annotated Code of Maryland, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.12 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary the provisions of this chapter to the extent that the waiver or variance is consistent with the legal authorizations for the Program, if, 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 13 - NEIGHBORHOOD BUSINESS DEVELOPMENT › Chapter 05.13.02 - Main Street Improvement Program › Section 05.13.02.13 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not knowingly make or cause to be made any false statement or report in a document required to be furnished to the Department by any agreement relating to the Program.