Md. Code Regs. 05.04.08.05

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

Section 05.04.08.05 - Property Requirements

A. All properties shall meet the following requirements:

(1) Be located within the State;

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

(3) When the project is complete, be in compliance with zoning requirements; and

(4) Be structurally and mechanically sound, except as permitted under §B of this regulation, such that:

(a) There are no physical conditions that endanger the life, property, safety, or welfare of the occupants or the public, and

(b) The property is in full compliance with all applicable housing codes and standards.

B. Properties which are not structurally and mechanically sound may be eligible properties if upon completion of the improvements financed by the Program loan, the property will be structurally and mechanically sound.

C. A manufactured housing unit is eligible if it is intended for residential use, 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 the BOCA National Building Code (1990) which is incorporated by reference under COMAR 05.02.01, or the standards set by the American National Standards Institute, Inc. which are incorporated by reference under COMAR 05.02.02;

(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, 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;

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

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

E. Mobile homes which are taxed as personal property, cooperative units, property being purchased under a land installment contract, or other types of property are not eligible properties.

Md. Code Regs. 05.04.08.05

Regulations .05 adopted as an emergency provision effective August 28, 1986 (13:20 Md. R. 2190); emergency status extended at 14:2 Md. R. 123
Regulations .05 adopted effective March 1, 1987 (14:4 Md. R. 413)
Regulations .05, repealed and Regulations .04 adopted effective June 7, 1993 (20:11 Md. R. 912)