Md. Code Regs. 05.05.05.03

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

Section 05.05.05.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

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

(2) Administration" means the Community Development Administration, a unit of the Division of Development Finance of the Department.

(3) "Annual Income" means annual income as defined by the United States Department of Housing and Urban Development at 24 CFR § 5.609, as amended.

(4) "Applicable codes and standards" means the zoning, construction, health, safety, fire, occupancy, and other codes and standards applicable to the project in the political subdivision in which the project is located.

(5) "Capital assistance" means funding provided by the Program used by a sponsor to finance development costs of a project.

(6) "Capital assistance documents" means all documents either executed or supplied by a sponsor in connection with the application for and closing of capital assistance financing.

(7) Department.

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

(b) "Department" includes the Administration.

(8) "Development costs" means those costs incurred for the acquisition, construction, or rehabilitation of rental housing that are eligible for financing under the Program in accordance with, and as limited by, Regulation .07 of this chapter.

(9) Elderly household" means:

(a) One or more individuals who occupy the same residential dwelling unit, at least one of whom is 62 years old or older;

(b) For projects which also receive funding through one or more programs administered by HUD, an elderly family, elderly household, or elderly person, as defined by HUD; or

(c) Such other definition established by the Secretary pursuant to Housing and Community Development Article, § 4-101, Annotated Code of Maryland.

(10) "Fund" means the Partnership Rental Housing Fund, which is a special, continuing, nonlapsing fund composed of moneys appropriated by the State for the Program or made available to the Program from the sale of general obligation or other bonds.

(11) Household.

(a) Household" means one or more individuals who occupy the same residential dwelling unit as their permanent residence.

(b) Household" includes a family as defined in 24 CFR § 5.403, as amended.

(12) Household of Lower Income.

(a) "Household of lower income" means a household whose annual income, upon initial occupancy, does not exceed 50 percent of the Statewide median income for a household of similar size or such lesser income level as may be established by the Secretary for any particular project or for partnership units to be occupied by one or more individuals with disabilities or special needs.

(b) "Household of lower income", for the purpose of continuing occupancy, includes a household whose annual income does not exceed an income level that the Secretary establishes or any applicable federal requirement.

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

(14) "Local contribution" means a contribution to the project by a local government that is consistent with the requirements set forth in Regulation .17 of this chapter.

(15) "Local government" means:

(a) Any municipal corporation in Maryland subject to the provisions of Article XI-E of the Constitution;

(b) The Mayor and City Council of Baltimore;

(c) Any of the 23 counties in Maryland; and

(d) Any housing authority authorized under the Act.

(16) "Local government entity" means a corporation, limited partnership, limited liability company, or other legal entity in which a local government has an ownership interest.

(17) "Moderately priced dwelling unit (MPDU)" means a residential rental unit that is newly constructed by a private sector entity and sold to a local government under a local regulatory land use program.

(18) "Partnership units" means the residential rental units in a rental housing project that are financed with capital assistance.

(19) "Private sector entity" means any for-profit or nonprofit partnership, corporation, limited liability company, organization, or other legal entity that is not a local government or a local government entity.

(20) "Program" means the Partnership Rental Housing Program.

(21) "Project" means any undertaking for the acquisition, construction, or rehabilitation of land, buildings, and improvements, or any portion thereof, financed by the Program, that will be used for rental housing to be occupied entirely by households of lower income, except for any units occupied by management personnel.

(22) "Rental housing" means any rental housing facilities, including apartments, condominiums, cooperatives, townhouses, single-family homes, or single-room occupancy facilities, for which rent is charged to the household occupying the housing, including improvements directly related to providing rental housing, such as:

(a) Community spaces;

(b) Maintenance work areas;

(c) Administrative offices;

(d) Laundry facilities; and

(e) Units occupied by management personnel.

(23) "Scattered site project" means noncontiguous units of rental housing developed and operated under a common plan of ownership and financing.

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

(25) "Sponsor" means all of the following:

(a) A borrower or obligor on a loan made by the Department to finance a project;

(b) The person or entity principally responsible for the project and loan application before the loan closing;

(c) Any person or entity that has an ownership interest in, or identity of interest with, a person or entity under §B(25)(a) or (b) of this regulation; and

(d) An applicant that develops a project and qualifies under §B(25)(a), (b), or (c) of this regulation.

(26) "Treasurer" means the Maryland State Treasurer.

Md. Code Regs. 05.05.05.03

Regulation .03B amended effective January 2, 1994 (20:25 Md. R. 1943); November 20, 1995 (22:23 Md. R. 1800)
Regulations .03 adopted as an emergency provision effective December 13, 1988 (15:27 Md. R. 3116); emergency status extended at 16:10 Md. R. 1101; emergency status expired July 24, 1989; adopted permanently effective August 7, 1989 (16:15 Md. R. 1650)
Regulations .03 adopted effective December 15, 2008 (35:25 Md. R. 2150)
Regulations .03 adopted effective November 11, 1991 (18:22 Md. R. 2393)
Regulations .03 amended effective 41:25 Md. R. 1476, eff.12/22/2014