Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-1 - Community Capital Assistance Funds › Section 5123-1-03 - Community capital assistance funds - acquisition of housing

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth a process for the
				department to make available community capital assistance funds to assist
				county boards of developmental disabilities to acquire housing for individuals
				receiving supported living including supported living funded by a home and
				community-based services waiver administered by the department.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Appraisal" means
			 a written report completed by a certified or licensed appraiser which includes
			 a floor plan sketch of the housing; front, back, and street scene photographs
			 of the housing; three interior photographs of the housing; a street map that
			 shows the location of the housing and the comparable sales; front photographs
			 of the comparable sales; a statement of assumptions and limiting conditions;
			 and the appraiser's certification.
(2)
									"Construction"
			 means the act or process of assembling or building a one-story single-family
			 home, a one-story duplex, or a one-story quadplex from raw materials upon a
			 permanent foundation. Construction includes contracting with a builder to
			 construct a residence or the purchase of a manufactured home from a
			 manufacturer.
(3)
									"County board" means a county board of developmental
			 disabilities.
(4)
									"Department" means the Ohio department of developmental
			 disabilities.
(5)
									"Duplex" means a separate or detached residence with
			 two dwelling units designed and arranged for use by two families separated by a
			 horizontal or vertical wall, each of which is heated independently of the other
			 and has its own separate, private means of ingress and egress.
(6)
									"Dwelling unit"
			 means a single, self-contained unit providing independent living facilities for
			 one or more individuals and which contains eating, living, sanitary, sleeping,
			 and cooking facilities, all for the exclusive use by the
			 occupants.
(7)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
(8)
									"Housing" means a single-family home, a duplex, or a
			 quadplex.
(9)
									"Housing construction project" means a
			 department-approved construction project that enables a county board to
			 authorize a nonprofit corporation or local housing authority to contract for
			 the construction of a fully accessible, one-story single-family home, duplex,
			 or quadplex.
(10)
									"Individuals" mean persons with developmental
			 disabilities.
(11)
									"Manufactured home" has the same meaning as in section
			 3781.06 of the Revised
			 Code.
(12)
									"Mobile home" has the same meaning as in section
			 4501.01 of the Revised
			 Code.
(13)
									"Mortgage" means a consensual interest in real
			 property, including fixtures, that secures payment or performance of an
			 obligation between the county board and the nonprofit corporation or a local
			 housing authority memorialized in a mortgage deed and recorded in the county in
			 which the subject real property is located.
(14)
									"Newly
			 constructed housing" means housing that is for sale and for which an occupancy
			 permit has been issued.
(15)
									"Nonprofit corporation" means a nonprofit corporation
			 incorporated pursuant to Chapter 1702. of the Revised Code, granted 501 (c)(3)
			 status by the internal revenue service, and specifically chartered to develop,
			 acquire, and manage permanent, affordable housing for
			 individuals.
(16)
									"Permanent foundation" has the same meaning as in
			 section 3781.06 of the Revised
			 Code.
(17)
									"Permanently sited manufactured home" means a
			 manufactured home that meets all of the following criteria:
(a)
										The structure is
			 affixed to a permanent foundation and is connected to appropriate
			 facilities;
(b)
										The structure, excluding any addition, has a width of
			 at least twenty-two feet at one point, a length of at least twenty-two feet at
			 one point, and a total living area, excluding garages, porches, or attachments,
			 of at least nine hundred square feet;
(c)
										The structure has
			 a minimum 3:12 residential roof pitch, conventional residential siding, and a
			 six-inch minimum eave overhang, including appropriate
			 guttering;
(d)
										The structure was manufactured after January 1, 1995;
			 and
(e)
										The structure is not located in a manufactured home
			 park as defined by section
			 4781.01 of the Revised
			 Code.
(18)
									"Promissory note" means a written instrument that a
			 county board enters into with a nonprofit corporation or local housing
			 authority that evidences a promise to pay a monetary obligation, establishes a
			 schedule for forgiveness of a monetary obligation through installments or
			 otherwise, or a combination thereof, and which may be used to support a
			 mortgage on real property.
(19)
									"Quadplex" means
			 a separate or detached residence with four one-bedroom dwelling units designed
			 and arranged for use by four individuals separated by a horizontal or vertical
			 wall, each of which is heated independently of the others and has its own
			 separate, private means of ingress and egress.
(20)
									"Single-family
			 home" means a residential building consisting of one dwelling unit designed and
			 arranged for use by one family. The term shall include a manufactured home and
			 a condominium under Chapter 5311. of the Revised Code.
(21)
									"Supported
			 living" has the same meaning as in section
			 5126.01 of the Revised
			 Code.