Md. Code Regs. 05.04.15.02

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

Section 05.04.15.02 - Definitions

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 9, Annotated Code of Maryland, as amended.

(2) "Annual income" means total household income from all sources, including wages, investment income, Social Security, retirement, disability, and unemployment benefits, less:

(a) Unusual or temporary income items as determined by the Department; and

(b) Abnormal expenses of a long-term nature, such as extraordinary medical, rehabilitation, or special education expenses.

(3) "Applicant" means any person applying for a grant under the Program.

(4) "Authorized officer", for purposes of executing the Program documents, means any of the following:

(a) The Director and any Deputy Director of the Community Development Administration, an agency within the Division of Development Finance of the Department;

(b) The Director of Single Family Housing Programs; and

(c) The Deputy Director of Single Family Housing Programs.

(5) "Contract" means the agreements between a grantee and a licensed general contractor or licensed home improvement contractor accepted by the Department setting forth the terms of performance of work to be financed by a grant made under the Program.

(6) "Department" means the Department of Housing and Community Development.

(7) "Director" means the Director of Single Family Housing Programs of the Department.

(8) "Deputy Director" means the Deputy Director of Single Family Housing Programs of the Department.

(9) "Elderly" means the age limit specified by the Secretary, which is 55 years old or older.

(10) Family of Limited Income.

(a) "Family of limited income" means one or more individuals permanently residing as a household in a dwelling unit in an eligible building whose combined annual income does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, § 4-915, Annotated Code of Maryland.

(b) "Family of limited income" includes a trust described in 42 U.S.C. § 1396P(D)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:

(i) The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, § 4-915, Annotated Code of Maryland; and

(ii) The beneficiary of the trust is an individual who resides in the residential building owned by the trust.

(11) "Grantee" means a single family owner-occupant who receives a grant to make modifications to an eligible building.

(12) "Household" means an individual or a group of individuals who occupy a dwelling unit as their permanent residence.

(13) "Level I local administrator" means a political subdivision certified by the Department under COMAR 05.04.01.16.

(14) "Level II local administrator" means a political subdivision certified by the Department under COMAR 05.04.01.16.

(15) "Local administrator" means a level I or level II local administrator.

(16) Modification.

(a) "Modification" means any improvement, addition, repair, renovation, or alteration to the interior or exterior of a grantee's residence to make it more accessible or functional for the elderly owner.

(b) Modification includes any improvement or repair that is:

(i) Directly related to making the dwelling unit more accessible or functional; and

(ii) Necessary to ensure the modification can appropriately be made or installed.

(17) "Program" means the Accessible Homes for Senior Homeowners Grant Program.

(18) "Program Director" means the Assistant Director of Special Loan Programs in the Division of Development Finance of the Department.

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

(20) Single Family Owner-Occupant.

(a) "Single family owner-occupant" means an eligible grantee that owns and resides, or intends to reside, in an eligible building.

(b) "Single family owner-occupant" includes a trust described in 42 U.S.C § 1396P(D)(4), or a trust established for the benefit of an elderly individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:

(i) The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, § 4-916(b), Annotated Code of Maryland; and

(ii) The beneficiary of the trust is an individual who resides in the eligible building owned by the trust.

(21) "Structurally sound" means not having any physical conditions serious enough to endanger the life, property, or safety of the occupants or their invitees, whether or not the building is in compliance with applicable codes and rehabilitation standards.

(22) "Work write-up" means a description of the modifications, and other work items needed for the modification of an eligible building.

Md. Code Regs. 05.04.15.02

Regulations .02 adopted effective 41:19 Md. R. 1076, eff.9/29/2014