Md. Code Regs. 05.10.03.03

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

Section 05.10.03.03 - Notice Requirements

In addition to any requirements specified in the Act, the notice of intent to the chief executive officers, public housing authority, tenant association, and Secretary shall be sent by certified mail, return receipt requested and include the following information or material:

A. The nature of the proposed protected action;

B. A list of the federal program or programs that govern the federally-assisted mortgage or any project-based assistance;

C. For assisted projects that are subject to federally-assisted mortgages:

(1) A copy of the assisted mortgage, the secured note, and any regulatory agreement and other related mortgage documents; and

(2) A statement setting forth the:

(a) Maturity date of the mortgage;

(b) Original and current principal balance of the mortgage;

(c) Name and address of the mortgagee; and

(d) Number of assisted units regulated by the mortgage;

D. For assisted projects that have units subsidized by project based assistance:

(1) A copy of the federal agreement to enter into a household assistance payments contract (AHAP);

(2) A copy of the federal housing assistance payments contract (HAP) evidencing the Section 8 agreement and a statement setting forth the expiration date of the Section 8 agreement, including all extensions or renewal options;

(3) The name and address of the agency responsible for administering the Section 8 agreement; and

(4) The number of units for which assistance is provided;

E. A statement as to the expected impact of the proposed protected action on rents and the continued occupancy by existing assisted households for 3 years following the date of the protected action, including:

(1) Any proposed rent increases over such period; and

(2) The size of any tenant waiting list on the project;

F. For projects that receive project-based assistance for less than 100 percent of the units:

(1) The number of unsubsidized units;

(2) The current rents for unsubsidized units; and

(3) Any planned or projected rent increases for the unsubsidized units for 3 years following the date of the protected action;

G. Financial statements:

(1) For projects encumbered by a federally assisted mortgage, copies of financial statements submitted to HUD or the United States Department of Agriculture or the Department; or

(2) For projects receiving project based assistance, audited financial statements, if available, or instead of these, compiled financial statements or certified copies of federal income tax returns;

(3) All financial statements or federal income tax returns shall be for the 3 fiscal years immediately preceding the date of the notice of intent;

H. A statement under penalty of perjury certifying that the owner has not taken any of the following actions, or any other action before the date of the notice of intent to avoid the owner's obligations in conjunction with the protected action:

(1) Termination without cause of the lease of any tenant occupying an assisted unit;

(2) Alteration of any of the terms and conditions of executed leases of existing tenants;

(3) Interference with any existing rights of tenants to occupy their units in the assisted project under existing leases or under any applicable federal, state, or local law;

(4) Interference with the rights of applicants or eligible prospective tenants to obtain housing in the assisted project in accordance with federal admission preferences, and other applicable federal, state, or local law governing admissions to subsidized housing or the allocation of housing subsidies;

(5) Interference with the efforts of individual tenants to obtain housing subsidies or other public assistance;

(6) Discrimination in the leasing of units in the project based on source of income or receipt of housing subsidies provided by governmental or other sources; and

I. Any other supporting documentation required by the Director.

Md. Code Regs. 05.10.03.03