Md. Code Regs. 05.05.10.03

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

Section 05.05.10.03 - Definitions

A. The terms appearing in the Act and the Code shall have the meanings defined there and, in addition, the meanings used in this chapter.

B. Terms Defined.

(1) "Act" means the Appalachian Regional Development Act of 1965, 40 U.S.C. App. §§ 101-405, as amended, and the regulations, rules, resolutions, policies, and procedures promulgated under it.

(2) "ARC" or the "Commission" means the Appalachian Regional Commission established under § 101 of the Act.

(3) "Code" means Housing and Community Development Article, Title 11, Annotated Code of Maryland, as amended.

(4) "Demonstration assistance" means financial assistance which shall be used for activities set forth in Regulation .05D of this chapter.

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

(6) "Director" means the Director of the Community Development Administration.

(7) "Financial assistance" means a grant under the Program including a grant with conditional repayment conditions.

(8) "Financial assistance documents" means the documents by and between the sponsor and the Department which set forth the terms of financial assistance under the Program.

(9) "Fund" or "MAHF" means the Maryland Appalachian Housing Fund established under the Code.

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

(11) "Legal entity" means a corporation, cooperative, association, general partnership, limited partnership, joint venture, organization, or business which is organized legally to conduct a project.

(12) "Limited dividend organization" means any legal entity which receives a limited rate of return on a project, as approved by the Program staff.

(13) "Local jurisdiction" means the Maryland Appalachian counties, or instrumentalities of them, and all municipalities located in the Maryland Appalachian counties.

(14) "Low and moderate income families" means an individual or household whose combined income does not exceed the income limits established by the public agency which contributes to or oversees a project receiving financial assistance for planning or site development, except for financial assistance for demonstration projects whose income limits are established by the Secretary.

(15) "Maryland Appalachian counties" means Allegany, Garrett, and Washington counties in Maryland.

(16) "Maryland ARC representative" means the Governor, or the individual and an alternate appointed by the Secretary, with approval of the Governor, to the ARC.

(17) "Municipality" means a municipal corporation subject to the provision of the State Constitution, Article XI-E.

(18) "Nonprofit organization" means a:

(a) Legal entity, no part of the earnings of which inures to the benefit of any private shareholder or individual holding an interest in that entity; or

(b) Limited partnership if:

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

(ii) The limited partnership is formed for the purpose of undertaking a project that is eligible in whole or in part for a federal program or incentives, including low-income housing tax credits, and

(iii) An organization that meets the criteria set forth in §B(18)(a) is managing the project or will be the recipient of net cash flow or the residual sale proceeds upon the sale of the project.

(19) "Planning assistance" means financial assistance which shall be used for the activities set forth in Regulation .05B of this chapter.

(20) "Program" means the Maryland Appalachian Housing Program operated by the Department.

(21) "Program income" means interest earned on investment of Program funds.

(22) "Project" means a housing project for which financial assistance for a planning, site development, or demonstration project has been made and which benefits low and moderate income families under the Program.

(23) "Public agency" means any State, federal, or local public agency or program which contributes or oversees a project.

(24) "Public housing authority" means a housing authority created under Article 44A, Annotated Code of Maryland, as amended.

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

(26) "Site development assistance" means financial assistance which shall be used for the activities set forth in Regulation .05C of this chapter.

(27) "Sponsors" means eligible applicants who receive financial assistance under the Program.

(28) "State" means the State of Maryland.

Md. Code Regs. 05.05.10.03

Regulation .03B amended effective January 2, 1993 (19:26 Md. R. 2283)
Regulation .03B amended effective September 6, 1999 (26:18 Md. R. 1373)