Md. Code Regs. 05.04.05.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.04.05.05 - Eligible Building

A. All buildings shall meet the following requirements:

(1) Be located within the State;

(2) Be a structurally and mechanically sound building except as permitted under §B of this regulation;

(3) Be in need of indoor plumbing pipes, equipment, wells, septic tanks, or other on-site sewerage system, or connection to community water and sewerage systems;

(4) Have:

(a) No or incomplete indoor plumbing, or

(b) An existing, failing septic system;

(5) Be owned by an eligible borrower who shall provide assurance of title or evidence of ownership acceptable to the Department; and

(6) Contain not more than 20 dwelling units.

B. Buildings which are not structurally and mechanically sound may be eligible buildings if the owner of the building provides a commitment from a public or private lender to finance improvements required to make the building structurally and mechanically sound.

C. A manufactured housing unit is eligible if it is intended for residential use by a single household, and:

(1) Is a multisectional structure fabricated after June 14, 1976, in an off-site manufacturing facility for installation or assembly at the building site;

(2) Is not less than 24 feet in width and 40 feet in length;

(3) Is not independently capable of movement and is installed permanently on an engineered foundation in conformance with COMAR 05.02.01, or the standards set by the American National Standards Institute, Inc. which are incorporated by reference under COMAR 05.02.04;

(4) Has brick, wood, aluminum, or cosmetically equivalent exterior siding and a pitched composition shingle or wood shake roof;

(5) Is certified by the United States Department of Housing and Urban Development as a manufactured home in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, or by the Department as an industrialized building in accordance with Public Safety Article, § 12-308, Annotated Code of Maryland;

(6) Complies with all requirements set forth in COMAR 05.02.04;

(7) Is installed on real property the occupant owns in fee simple or under a freely transferable ground rent lease, and the legal title to the improvements runs with the real property;

(8) Meets all applicable zoning requirements as to the number of dwelling units, lot size, and building setbacks; and

(9) Is reasonably expected to have an economic life equal to or greater than the term of the mortgage.

D. Manufactured homes which are taxed as personal property may be eligible for loans in amounts of $5,000 or less. Applications for manufactured homes shall be reviewed and approved by the Department on a case-by-case basis.

E. Condominiums and cooperative units may be eligible buildings and shall be reviewed by the Department on a case-by-case basis.

F. Property being purchased under a land installment contract, or other types of property are not eligible buildings.

Md. Code Regs. 05.04.05.05

Regulations .05 adopted as an emergency provision effective August 28, 1986 (13:20 Md. R. 2193); emergency status extended at 14:2 Md. R. 123; emergency status expired March 1, 1987
Regulations .05 adopted effective March 1, 1987 (14:4 Md. R. 413)
Regulations .05 amended effective April 12, 1993 (20:7 Md. R. 639)