Md. Code Regs. 05.05.09.03

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

Section 05.05.09.03 - Definitions

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

B. Terms Defined.

(1) "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.

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

(3) "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.

(4) "Capital equipment and furnishings" means permanently affixed equipment or other equipment, machinery, fixtures, and furnishings necessary to operate a shelter, transitional, or other housing facility for homeless households, including HVAC systems, stoves, refrigerators, washers, dryers, and playground equipment.

(5) "Department" means the Department of Housing and Community Development of the State of Maryland.

(6) Development Costs.

(a) "Development costs" means those costs incurred for the acquisition, new construction, reconstruction, or rehabilitation of shelter, transitional, or other housing facilities for homeless households that are eligible for financing under the Program in accordance with Regulation .05 of this chapter.

(b) "Development costs" includes the value of any labor provided by the sponsor for the project.

(c) "Development costs" does not include the costs of off-site improvements.

(7) "Homeless" means a household without permanent housing and lacking the resources to obtain permanent housing, or a household in imminent danger of homelessness.

(8) "Household" means an individual or group of individuals who occupy or intend to occupy a shelter, transitional, or other housing facility unit for homeless households in a project.

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

(10) "Local government" means any municipal corporation in Maryland subject to the provisions of Article XI-E of the Constitution, the Mayor and City Council of Baltimore, any of the 23 counties in Maryland, and any housing authority authorized under Housing and Community Development Article, Annotated Code of Maryland.

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

(12) "Nonprofit sponsor" means a:

(a) Nonprofit organization; or

(b) Limited partnership formed for the purpose of undertaking a project which is eligible in whole or in part for federal programs or incentives, including low-income housing tax credits, if:

(i) Each of the general partners qualifies as a nonprofit organization, or

(ii) The general partner of the limited partnership is a wholly owned subsidiary of the nonprofit organization and a nonprofit organization manages the development of the project or will be the recipient of net cash flow of the residual sale proceeds upon sale of the project.

(13) "Program" means the Shelter and Transitional Housing Facilities Grant Program.

(14) "Project" means any undertaking for the acquisition, construction, reconstruction, or rehabilitation of buildings or improvements or any portion of them, financed by the Program, which will be occupied by homeless households, except for any units occupied by management personnel.

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

(16) "Service provider" means a sponsor or a person or entity that contracts with a sponsor to provide services to a shelter, transitional, or other housing facility for homeless households.

(17) Shelter, Transitional, or Other Housing Facility for Homeless Households.

(a) "Shelter, transitional, or other housing facility for homeless households" means a housing facility, including apartments, condominiums, townhouses, single-family homes, single-room occupancy facilities, and shared housing facilities which:

(i) If a shelter facility, provides sleeping accommodations and support services for homeless households on a short-term basis, but for a period not to exceed 6 months, while other arrangements are being explored;

(ii) If a transitional facility, provides housing for up to 24 months, and support services to help homeless households achieve stable, permanent housing; or

(iii) If another type of housing facility for homeless households, provides housing with no length of stay requirement, and support services as appropriate to help homeless households.

(b) "Shelter, transitional, or other housing facility for homeless households" includes improvements directly related to providing shelter, transitional, or other housing facilities for homeless households, including but not limited to:

(i) Community spaces;

(ii) Maintenance work areas;

(iii) Administrative and support service offices;

(iv) Laundry; and

(v) Units occupied by management and service personnel.

(18) "Shelter, transitional, or other housing facility units for homeless households" means the shelter, transitional, or other housing units in a shelter, transitional, or other housing facility for homeless households that are financed with capital assistance.

(19) Support Services.

(a) "Support services" means services that help the household achieve as high a level of self-sufficiency as possible.

(b) "Support services" may include case management, child care, life skills assistance, and linkage to services in the community.

Md. Code Regs. 05.05.09.03

Regulations .03 amended effective October 5, 1998 (25:20 Md. R. 1527)
Regulation .03 amended effective 42:12 Md. R. 761, eff.6/22/2015