reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.04 - Application and Approval Process for Local Jurisdictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Process.
(1) The Department may set periodic deadlines for applications from local jurisdictions.
(2) The local jurisdiction shall submit an application to the Department in the form and containing the information and documentation required by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.05 - Eligible Employers

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible to participate in the LNYW project operated by the local jurisdiction, an employer shall:
(1) Complete any application required by the local jurisdiction or the Department;
(2) Except as provided in §F(2) of this regulation, provide a minimum contribution of $1,000 for each LNYW grant made to one of its employees;
(3) In coordination with the local jurisdiction, designate an LNYW area that coincides with or is within the LNYW boundary for the local jurisdiction, in the form required by the Department;
(4) Coordinate participation in the Program with the local jurisdiction; and
(5) Submit all other materials to and comply with any restrictions imposed by the local jurisdiction or the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.06 - Eligible Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. An eligible employee shall:
(1) Comply with the Program requirements and terms for receiving an LNYW grant; and
(2) Respond to periodic surveys for Program evaluation purposes including a survey to be completed at settlement.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.07 - Eligible Uses of Program Grants and LNYW Grants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program grants from the Department to the local jurisdiction shall be used solely to fund $1,000 of an LNYW grant to an eligible employee.
B. Program grants from the Department to the local jurisdiction may not be used to:
(1) Fund an LNYW grant if the eligible employee, the employer, and the local jurisdiction do not make the minimum contribution set forth in this chapter; or
(2) Fund any expenses of operating the LNYW project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.08 - Funding Procedures and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the closing on an eligible residence, the local jurisdiction shall provide funds for the local jurisdiction's contribution and the Department's contribution to the LNYW grant.
B. Before agreeing to fund an LNYW grant to an employee, the local jurisdiction shall confirm:
(1) That the property to be purchased is an eligible residence;
(2) The eligibility of the employer and the employee;
(3) The employee's household income;
(4) That the employee has already made or at closing shall make a contribution of at least $1,000 towards the purchase of the home;
(5) That the employer has made a contribution of at least $1,000 towards the LNYW grant; and
(6) That at least 51 percent of all of the LNYW grant recipients for the local jurisdiction's LNYW project are families of limited income.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.07 - Live Near Your Work Program › Section 05.03.07.09 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may establish operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures and policies.
B. The Secretary may delegate to the Assistant Secretary for Neighborhood Revitalization, the Assistant Secretary who is the Director of the Community Development Administration, or any other official or employee of the Department, the authority to execute Program documents.
C. The Secretary may waive or vary particular provisions of this chapter to the extent that waiver is not inconsistent with Housing and Community Development Article, Annotated Code of Maryland, if, in the determination of the Secretary, the application of a regulation in a particular case or in an emergency situation would be inequitable or contrary to the purposes of Housing and Community Development Article, Annotated Code of Maryland, or the purpose authorized for the Program.
D. Reconsideration. A local jurisdiction, employer, or person dissatisfied with any decision of the Department may request reconsideration by writing to the Assistant Secretary for Neighborhood Revitalization and the Assistant Secretary who is the Director of the Community Development Administration. An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.01 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making construction loans and providing credit enhancement for the construction of net-zero homes and low-energy homes.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means Housing and Community Development Article, Title 4, Subtitle 20, Annotated Code of Maryland.
(2) "Administration" means the Community Development Administration, an agency in the Division of Development Finance of the Department of Housing and Community Development.
(3) Closing Costs.
(a) "Closing costs" means the costs incurred in connection with obtaining a loan from the Department under the Program.
(b) "Closing costs" includes:
(i) Credit report fees;
(ii) Appraisal fees;
(iii) Survey fees;
(iv) Loan origination and application fees;
(v) Title examination and insurance fees;
(vi) Property taxes and ground rent;
(vii) Hazard insurance and mortgage insurance premiums;
(viii) Attorney's fees;
(ix) Document preparation fees;
(x) Recording fees; and
(xi) Transfer and recordation taxes.
(4) "Credit enhancement" means any form of insurance, guarantee, or agreement that increases the credit strength of a loan and reduces the risk of lending to a borrower.
(5) "Department" means the Department of Housing and Community Development, a principal department of the State of Maryland.
(6) Development Costs.
(a) "Development costs" means the costs incurred in carrying out all works and undertakings which the Department deems reasonable and necessary for the acquisition and construction of a project.
(b) "Development costs " includes the costs for:
(i) Acquisition of land and any buildings on it;
(ii) Closing costs;
(iii) Necessary studies, surveys, plans, and specifications;
(iv) Architectural, engineering, or special services;
(v) Site preparation and development;
(vi) Labor and materials for construction;
(vii) Fees incurred in connection with financing the project;
(viii) Construction period interest on the loan;
(ix) Indemnity and surety bonds;
(x) Premiums on insurance; and
(xi) Other costs the Department deems reasonable and necessary.
(7) "Director" means the Director of the Administration.
(8) "Home " means a single family residence or a multifamily building used by the occupants as their residence.
(9) "Low-energy home " means a home that achieves a Home Energy Rating System (HERS) Index rating of 50 or lower.
(10) "Net-zero home" means a home that is designed to produce an amount of energy in 1 year that is equal to the amount of energy that the home uses in 1 year.
(11) "Program" means the Energy-Efficient Homes Construction Loan Program.
(12) "Program Manager" means the Manager of the Program as assigned by the Department.
(13) "Project" means any undertaking or project, or portion thereof, including land, buildings, and improvements, that constitutes a low-energy home or net-zero home upon completion.
(14) "Secretary" means the Secretary of Housing and Community Development.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.03 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
To qualify as an eligible borrower under the program, an applicant shall:
A. If a nonprofit organization, corporation, or partnership, be in good standing and qualified to do business in Maryland;
B. Have the legal capacity and all necessary authorization to incur the obligations of the loan;
C. Own the project or have a valid sales contract to purchase the project;
D. Demonstrate credit worthiness and repayment ability acceptable to the Department; and
E. Demonstrate the ability to complete the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.04 - Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
Eligible projects shall be:
A. A low-energy or net-zero home upon completion;
B. Properly zoned for residential use;
C. Rehabilitated or constructed in accordance with the applicable federal, State, and local building, zoning, environmental, health, and housing codes and standards, which includes the latest version of the building codes adopted by the Department; and
D. Sold or rented to an individual that will use the property as their residence.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.05 - Loan Terms and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Proceeds of the loan may be used for the:
(1) Acquisition of a project;
(2) Construction and development costs of a project; and
(3) Closing and settlement costs associated with the financing and acquisition of the project.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.06 - Liability and Other Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may require the borrower to obtain any of the following types of insurance, issued by a company that is approved by the State Insurance Commissioner, depending on the size of the project and risks to the Department:
(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; and
(5) Engineer's errors and omissions.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.07 - Additional Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to a promissory note and deed of trust, the Department may require the borrower to execute or provide any of the following documents:
(1) A loan agreement;
(2) An agreement and declaration of covenants and restrictions;
(3) A disbursement agreement;
(4) A guaranty of completion or loan payments;
(5) A completion assurance agreement;
(6) An assignment of the construction contract;
(7) An opinion of borrower's counsel;
(8) An opinion of contractor's counsel;
(9) A contractor's letter and certification;
(10) An assurance of compliance with civil rights requirements;
(11) A fair practices certification; and
(12) Such other documents as the Department may find it desirable or necessary to require.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.08 - Loan Application and Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may accept applications on a first-come, first-served basis or through competitive rounds to be announced by the program periodically.
B. A loan application shall be made upon standard forms prescribed by the Department.
C. Each application shall be fully completed and properly executed and be accompanied by the following items:
(1) A copy of the articles of incorporation, bylaws, and most recent financial statements of an applicant for a nonprofit organization, corporation, or partnership;
(2) A copy of:
(a) The deed to the property;
(b) A contract or option agreement to purchase the property; or
(c) An agreement of understanding or letter of intent to purchase the property;
(3) A preliminary description, plans, and specifications of the low-energy or net-zero home to be constructed;
(4) A description of the applicant's experience and current activity which demonstrates the applicant's capacity to construct a project; and
(5) Identification of how the land is presently zoned.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.09 - Credit Enhancement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may provide credit enhancement on a loan made by a lender for a project that meets the requirements of Regulation .04 of this chapter.
B. A project financed by a loan that is credit-enhanced by the Department shall:
(1) Be a net-zero home or a low-energy home upon completion;
(2) Have clear and merchantable title acceptable to the Department;
(3) Conform to all applicable federal, State, and local building, zoning, environmental, health, and housing codes;
(4) Be insured with hazard insurance issued by a company that is approved by the State Insurance Commissioner and, when applicable, flood insurance;
(5) Have an appraised value that is satisfactory to the Department;
(6) Be secured by a lien against the mortgaged property; and
(7) Meet any other standards of the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.10 - Participation with Private Lenders

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may participate with a lender to collectively lend money for the construction of net-zero and low-energy homes by:
(1) Making loans on a project, including subordinate loans;
(2) Pooling loan funds;
(3) Entering into loan participation agreements; and
(4) Purchasing a loan or an interest in a loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.11 - Post-Construction Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each project shall pass an inspection and verification test that the home was constructed to the standards to achieve the level of energy usage approved by the Department.
B. The Department may require a third party to inspect and verify that the home was constructed to achieve the required energy rating.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.12 - Minority Business Enterprises

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the goal of the Department to increase program participation by minority business enterprises certified under State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland.
B. To increase participation by minority business enterprises, the Department shall:
(1) Directly market the program to minority business enterprises; and
(2) Require an applicant to submit a minority business plan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.13 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant, borrower, 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, borrower 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 03 - HOMEOWNERSHIP PROGRAMS › Chapter 05.03.08 - Energy-Efficient Homes Construction Loan Program › Section 05.03.08.14 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Handbook. The Department may establish from time to time program guidelines or manuals containing internal underwriting standards and loan processing requirements.
B. Fees. The Department may charge an applicant, borrower, or lender customary loan application and loan fees.
C. The Department shall ensure that program guidelines, fee information, and application forms are publicly available on its website and at its offices.
D. Delegation. The Secretary may delegate to the Director of the Administration or to any other official or employee of the Department or Administration the authority to execute or approve any program loans, documents, or contract documents.
E. Waiver. The Secretary may waive or vary particular provisions of these regulations in writing to the extent that the waiver is not inconsistent with the Act if:
(1) Conformance to the requirements of any federal, State, or local programs in connection with providing financing to the project necessitates waiver or variance of a regulation; or
(2) In the determination of the Secretary, the application of a regulation in a specific case or in any 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 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making loans for the rehabilitation of residential buildings with four or fewer units under Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objectives of the Program are to:
A. Make loans to families of limited income or sponsors to finance the rehabilitation of buildings with four or fewer units to eliminate health, safety, and property maintenance deficiencies and ensure compliance with applicable codes and standards;
B. Make loans to elderly or disabled homeowners who qualify as families of limited income, in order to provide modifications or improvements to a building with four or fewer units that make the owner's dwelling unit more accessible to or functional for the elderly or disabled occupants, if, upon completion of the improvements, the building is structurally sound and free of health and safety hazards; and
C. Develop the capacity of political subdivisions to administer the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The terms appearing in Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland, have the meanings defined there and, in addition, the meanings used in these Regulations.
B. Terms Defined.
(1) "Accessory dwelling unit" means a dwelling unit which is:
(a) Within, attached to, or on the same parcel as, and subordinate to but under the same ownership as, a single family, owner-occupied dwelling; and
(b) Intended for use as a complete, independent living facility, including permanent provisions for living, sleeping, cooking, and sanitation by one household within limits established by local codes, if any, pertaining to health, building, or other relevant provisions of the law.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.04 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify as an eligible borrower under the Program, the requirements set forth in §§B and C of this regulation shall be met jointly and separately if more than one individual is applying for a loan.
B. Single family owner-occupants shall:
(1) Be a "family of limited income" as defined in Regulation .03B(15) of this chapter;
(2) Intend to reside in the property to be rehabilitated;
(3) Own the eligible property in fee simple or under a freely transferable ground rent lease;
(4) Have the legal capacity to incur the obligations of the loan;
(5) Demonstrate credit worthiness and repayment ability acceptable to the Department; and
(6) Have income at a level that the Secretary has determined will render the applicant unable to afford or secure private financing to rehabilitate the property.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.05 - Eligible Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Buildings shall meet the following requirements:
(1) Be located within the State;
(2) Contain not more than four residential units or shared living unit facilities for more than four households;
(3) Be properly zoned for the proposed use;
(4) Be in need of repairs or modifications considered eligible under this chapter;
(5) Have the potential to be rehabilitated, reconstructed, renovated, redeveloped, improved, or modified as determined by the local administrator;
(6) Be owned by an eligible borrower who shall provide assurance of title or evidence of ownership acceptable to the Department; and
(7) If the building is in the 100-year flood plain, as designated by the U.S. Department of Housing and Urban Development, be covered by a flood plain insurance policy which:
(a) Is an amount equal to the loan,
(b) Names the Department as beneficiary, and
(c) Provides that the policy may not be terminated without prior notification to the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.06 - Loan Terms and Conditions - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Loans shall be made on terms conforming to the requirements in §§B-K of this regulation.
B. Interest Rate.
(1) The interest rate to be paid on loans may be at preferred rates set by the Department from time to time, as required by the Act.
(2) The collective interest rate charged on all loans shall be at least sufficient to cover administrative costs of the program and reasonably expected losses due to defaults.
(3) The Department may establish different interest rates available on loans serving occupants who are families of:
(a) Limited income;
(b) Lower income; and
(c) Very low income.
(4) The interest rates charged on loans may not be more than private lending rates for comparable loans.
(5) Within the limits established in §§B(3) and (4), above, the interest rate shall be the maximum interest rate based on an applicant's ability to repay.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.07 - Loan Terms and Conditions - Deferred Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulation .06 of this chapter, deferred loans for residential buildings of four or fewer units shall meet the requirements in §§B-E of this regulation.
B. Eligibility. The Department may make loans with deferred payments of principal or interest or both principal and interest to:
(1) Single family owner-occupants who are families of very low income and sponsors or nonprofit sponsors of buildings occupied entirely by tenants who are families of very low income; or
(2) As determined by the Secretary, any category of borrowers necessary to achieve the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.07-1 - Program Grants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may make a Program loan in the form of a grant to a single family owner-occupant that meets the requirements of this regulation.
B. To be eligible for a grant, an applicant shall:
(1) Own and occupy the dwelling;
(2) Be a family of very low income; and
(3) Be unable to undertake the rehabilitation project without a grant as determined by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.08 - Loan Terms and Conditions - Secured Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulations .06 and .07 of this chapter, secured loans shall meet the requirements of §§B-F of this regulation.
B. Deed of Trust. A mortgage or deed of trust shall secure repayment of the loan by the granting of a valid lien on the eligible building and the underlying land or leasehold interest in the land.
C. Escrow Account. If there is no prior mortgage or deed of trust requiring the payment of expenses to the mortgagee, the rehabilitation mortgage may require expense payments to the Department in escrow, consisting of 1/12 of annual real estate taxes, ground rent, property insurance premiums, and, when appropriate, other items for which payments are required by the Department. Interest need not be paid to the borrowers on escrows.
D. Insurance.
(1) A borrower shall maintain fire and extended coverage insurance at the borrower's expense in an amount not less than the sum of the rehabilitation loan and any prior mortgage or mortgages on the property.
(2) The insurance policy or policies shall:
(a) Be written by companies authorized to transact business in the State;
(b) Be in force at the time of loan closing;
(c) Name the Department as mortgagee in a standard mortgagee clause attached to or printed in the policy; and
(d) Contain other terms and coverage satisfactory to the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.10 - Loan Approval and Disapproval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Eligibility Determination.
(1) Each application shall be submitted to the local administrator for initial review to make a preliminary determination of the eligibility of the applicant and the project.
(2) If an applicant is determined preliminarily to be eligible, appropriate verification forms shall be distributed, credit reports shall be obtained, and the applicant may be provided with a letter from the local administrator in the form approved by the Program acknowledging receipt of the application and notifying the applicant of the ongoing review process.
(3) If an applicant is ineligible for a loan, the applicant shall be informed in writing of the determination and the reasons for it.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.11 - Loan Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place. The loan closing shall be scheduled at a time acceptable to the applicant and the local administrator through a closing officer serving the applicant's area and otherwise acceptable to the local administrator.
B. Loan Documents.
(1) Loan document forms shall be provided by the Program and may not be altered by the local administrator.
(2) Loan documents shall be executed on behalf of the Department by the officer or employee authorized to do so by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.12 - Rehabilitation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §G of this regulation, loans shall comply with §§B-F of this regulation.
B. Applicable Codes and Standards.
(1) The goal of the Program is to assure that all properties rehabilitated under the Program meet health, safety, fire, occupancy, and other codes and standards in force in the political subdivision in which an eligible building is located and applicable to that building.
(2) If these codes and standards do not exist or are considered by the Secretary to be insufficient to promote the purpose of the Act, then the codes and rehabilitation standards prescribed in COMAR 05.04.02 shall be in force for the purposes of the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.14 - Construction Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits. If required by local codes, building permits shall be obtained and posted at the project before the beginning of construction. All other permits, if any, required by State or local government also shall be secured before construction begins.
B. Contract Documents.
(1) Work done, materials supplied, and construction procedures employed shall comply with all contract documents, applicable codes and standards, including those set forth in these regulations, and those general specifications established by the Department. The Department's general requirements and specifications guidelines shall be furnished on request.
(2) Contract documents include without limitation:
(a) Rehabilitation contract agreement;
(b) Change orders;
(c) Work write-ups;
(d) Instructions to bidders;
(e) Specifications;
(f) Drawings; and
(g) Contractor's proposal.
(3) There shall be no modification of any contract documents without the prior written consent of the Department or the local administrator, as evidenced by an approved change order, executed by:
(a) The contractor; and
(b) The property owner.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.15 - Loan Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) The local administrator shall monitor loans and disbursement of loan funds during rehabilitation to assist borrowers and to assure that loan funds are properly used.
(2) Based on Program guidelines, the local administrator shall determine the frequency and level of inspections during rehabilitation taking into consideration:
(a) The capability of the borrower;
(b) The demonstrated experience and reliability of the contractor;
(c) The amount of the loan;
(d) The availability of local technical assistance; and
(e) Other factors considered relevant by the Department.
(3) The local administrator may charge borrowers a fee for inspections during rehabilitation, as approved by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.16 - Loan Administration - Certification of Local Governments as Local Administrator

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Department recognizes that the most effective housing rehabilitation programs are those administered at the local level. Therefore, each political subdivision is encouraged and expected to develop the capacity to originate and administer loans from its allocation. While the Department may originate and administer loans from its reserve or from the allocation to a political subdivision that is not certified under §B or C of this regulation, the Department may not operate a program for that political subdivision, and shall make loans in that case only if, and to the extent that, the Department at its sole discretion determines it to be feasible.
B. Certification of Level I Local Administrators. The Department may certify a political subdivision to originate and administer loans when the political subdivision meets the following minimum criteria to the satisfaction of the Department:
(1) The political subdivision shall be able to perform adequately the functions of the following positions:
(a) A rehabilitation director, experienced in operating a rehabilitation program, supervising employees, and dealing with the public;
(b) A building inspector, experienced in residential rehabilitation, cost estimation, writing specifications, blueprint reading, residential inspections, and trained to understand and apply the appropriate codes and rehabilitation standards;
(c) A loan underwriter, experienced in mortgage lending and financial processing of loans; and
(d) Clerical and administrative staff trained to ensure prompt and efficient processing of applications, draw schedules, and other required items;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.17 - Allocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual Allocation.
(1) The Department shall allocate annually the funds available to the Program among the political subdivisions and to a reserve held by the Department to ensure that all areas of Maryland are served.
(2) Up to 25 percent of the total monies available for the Program may be held in reserve and not allocated to the counties, out of which reserve the Department may either itself originate loans or from time to time reallocate these funds to the counties.
(3) The allocations to the political subdivisions shall take into account those factors in Housing and Community Development Article, §
										4-911, Annotated Code of Maryland.
(4) The Department shall notify, in writing, each political subdivision of its allocation.
(5) At the end of each calendar quarter, the Department may evaluate the allocations in relation to demand for loans as evidenced by applications for loans, and may reallocate the funds among the counties in accordance with demand. The Department may notify a county in writing of any reallocations of funds.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.19 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor, nonprofit sponsor, contractor, local administrator, or subcontractor 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 sponsor, nonprofit sponsor, contractor, local administrator, or subcontractor in connection with any property financed or assisted under the Program.
B. Each sponsor, nonprofit sponsor, contractor, local administrator, and subcontractor 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) The Department's Minority Business Enterprise Program, as amended;
(5) The Americans with Disabilities Act of 1990, as amended;
(6) State Government Article, Title 20, Annotated Code of Maryland, 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 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.20 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Borrowers, 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.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.01 - Maryland Housing Rehabilitation Program - Regular Rehabilitation Program › Section 05.04.01.21 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Guidelines. The Department may establish from time to time detailed Program guidelines containing underwriting standards, loan processing requirements, and other requirements or matters relating to the financing of loans or to the Program. Copies of these guidelines shall be available for examination at the offices of any local administrator and at the Department's principal office. The Department, upon request, shall provide copies to the public for a reasonable charge.
B. Fees. The Department may charge commitment fees, application fees, closing fees or other fees, charges, or penalties to applicants, borrowers, or other individuals or entities that participate in the Program. The Department may restrict the fees and charges that servicers, political subdivisions, local administrators, or other Program participants obtain from borrowers or applicants.
C. Delegation. The Secretary may delegate to the Director, the Program Directors, or to any other official or employee of the Department the authority to execute or approve any program documents or loan documents, including loan commitments and agreements with the local administrators. In addition, through the agreement with the local administrator, specific staff members for the local administrator may be authorized by the Department to execute loan documents on behalf of the Department.
D. False Statements. A borrower who 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 or the local administrator originating the loan, is subject to immediate acceleration of the loan, in addition to the penalties authorized by Housing and Community Development Article, §
									4-933, Annotated Code of Maryland.
E. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:
(1) Conformance to the requirements of any federal agency in connection with any rehabilitation with respect to which federal assistance is sought necessitates waiver or variance of a regulation; or
(2) In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These standards are to be used as guidelines for property rehabilitation under the Program. The Program may, at its discretion, waive certain of these standards if needed to fulfill the intent of the Act. When suitable local standards have been developed, these standards are not applicable.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.03 - General Acceptability Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local Codes and Regulations .
(1) These guidelines, while setting forth basic objectives and provisions specifically related to rehabilitation, may not be construed as relieving the property owner, project sponsor, or their builder of his responsibility for compliance with local ordinances, codes, and regulations, including established requirements of a health officer or other authority having jurisdiction.
(2) When a local code, regulation, or requirement exists, it shall apply unless a political subdivision chooses to use these standards.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.04 - Site Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The objective is to develop the individual site or group of sites so that obsolescence is overcome, and so that the development is appropriate and an asset to the neighborhood in which it is located.
B. Every residential building shall have sufficient open space to permit convenient access for maintenance, fire protection, adequate light and ventilation of habitable rooms, and reasonable indoor privacy.
C. In the site development of a target area, consideration should be given to the needs of the residents for non-vehicular open space for active and inactive recreation. Adequate night lighting for the safe use of streets, parking areas, walks, and steps should be provided or arrangements made for its provision by public authority.
D. The open space of each property shall provide for the immediate diversion of water away from buildings and disposal from the lot, for the prevention of soil saturation detrimental to structures and lot use, and, when needed, for appropriate paved walks, parking areas, driveways, exterior steps, and landscaping.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.05 - Building Planning

Current through Register Vol. 51, No. 14, July 12, 2024
A. The objective is to assure a living unit which provides for a healthful environment and complete living facilities arranged and equipped for suitable and desirable living conditions under consideration.
B. Space Standards.
(1) General.
(a) The standard is to provide:
(i) Each living unit with space necessary for suitable living, sleeping, cooking and dining accommodations, storage, laundry, and sanitary facilities; and
(ii) Space of such size and dimensions so as to permit placement of furniture and essential equipment.