Md. Code Regs. 05.04.09.03

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

Section 05.04.09.03 - Definitions

A. The terms appearing in the Act have the meaning defined there and, in addition, the meaning used in these Regulations.

B. Terms Defined.

(1) "Act" means Housing and Community Development Article, Title 4, Subtitle 6, Annotated Code of Maryland.

(2) "Annual income" means annual income as defined by the United States Department of Housing and Urban Development in 24 CFR § 5.609.

(3) "Applicable codes and standards" means the applicable construction, health, safety, fire, occupancy, and other codes and standards in force in the political subdivision in which the project is located. If these codes and standards do not exist or are determined by the Secretary to be insufficient to promote the purposes of the Act, then the codes and standards prescribed in COMAR 05.02.01 or 05.04.02, as applicable, shall apply.

(4) "Applicant" means an individual, limited partnership, or other legal entity applying for a loan under the Program.

(5) "Borrower" means an applicant who receives a loan under the Program.

(6) "Closing costs" means:

(a) Financing costs such as the appraisal fee, credit report fee, survey fee, title examination fee, loan origination fee, title insurance fee, and application fee;

(b) Title fees such as the attorney's fee, documentary stamps, recording fees, State and local transfer taxes; and

(c) Prepaid expenses such as property taxes, ground rent, hazard insurance, and any mortgage insurance premiums to be paid at closing.

(7) "Contract" means the agreement, as approved by the Department, between the borrower and the entity which is doing any construction or modification work to be financed by a loan.

(8) "Department" means the Department of Housing and Community Development, a principal department of the State.

(9) "Deputy Director" means the Deputy Director of the Division of Development Finance.

(10) "Director" means the Director of the Division of Development Finance, an organizational unit within the Department established under Housing and Community Development Article, § 4-103, Annotated Code of Maryland.

(11) Group Home.

(a) "Group home" means a housing facility that offers:

(i) Supportive services or supervisory personnel to individuals with special housing needs who are not related to the group home sponsor; and

(ii) Common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities.

(b) "Group home" need not include all of the facilities listed §B(11)(a) of this regulation if it provides emergency and temporary housing for homeless individuals.

(12) "Group home project" or "project" means the acquisition, construction, modification, or refinancing of a building which will provide a group home.

(13) "Group home sponsor" means a borrower under the Program who:

(a) Owns and operates a group home; and

(b) Is a nonprofit organization, an individual, or a qualified limited partnership.

(14) "Housing Finance Review Committee" or "HFRC" means the Housing Finance Review Committee established under Housing and Community Development Article, § 4-208, Annotated Code of Maryland, as amended.

(15) "Modification" means improvement, repair, renovation, or rehabilitation of an existing building to make it suitable for use as a group home or to eliminate any housing, building, fire, safety, health, or other code violations.

(16) "Necessary services" means the minimum amount of services required by any agency licensing the group home.

(17) "Nonprofit organization" means a corporation, foundation, limited liability company, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder, member, or other individual holding an interest in the entity.

(18) "Person of lower income" means an individual or family whose total annual income does not exceed the upper income limits established by the Secretary from time to time. Two or more unrelated individuals residing in a group home do not constitute a family.

(19) "Political subdivision" means any municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution, the Mayor and City Council of Baltimore, and any of the 23 counties in Maryland.

(20) "Program" or "GHFP" means the Group Home Financing Program established pursuant to Housing and Community Development Article, § 4-602, Annotated Code of Maryland, as amended.

(21) "Program Director" means the Director of Single Family Housing in the Division of Development Finance of the Department.

(22) "Qualified limited partnership" means a limited partnership qualified to do business in Maryland, wherein:

(a) Each of the general partners of the limited partnership qualifies as a nonprofit organization or is a wholly owned subsidiary of a nonprofit organization; and

(b) The limited partnership:

(i) Was formed for the purpose of undertaking a group home project that is eligible in whole or in part for federal programs or incentives, including low income housing tax credits; and

(ii) Is organized so that the nonprofit organization is managing the project or will be the recipient of net cash flow or residual sale proceeds upon sale of the group home.

(23) "Secretary" means the Secretary of Housing and Community Development.

(24) "Supervisory personnel" means an adult supervisor who may be occupying the group home part or full time as required by any agency authority which licenses and monitors the operation of the group home.

(25) "Supportive services" means any services provided as an alternative to supervisory personnel.

(26) "Work write-up" means the scope of work or other description of group home construction or modification to an existing building.

Md. Code Regs. 05.04.09.03

Regulations .03 adopted as an emergency provision effective February 23, 1987 (14:6 Md. R. 704); adopted permanently effective July 27, 1987 (14:15 Md. R. 1657)
Regulations .03 adopted effective May 25, 1992 (19:10 Md. R. 929)
Regulation .03B amended effective November 29, 1999 (26:24 Md. R. 1856); February 7, 2011 (38:3 Md. R. 151)