Md. Code Regs. 05.11.01.03

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

Section 05.11.01.03 - Definitions

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

B. Terms Defined.

(1) "Act" means Housing and Community Development Article, §§ 2-102 and 4-211 and Title 4, Subtitle 11, Annotated Code of Maryland.

(2) "Capacity building grant" means a grant to a nonprofit organization to enhance its ability and expertise to develop projects or activities financed under the homeownership programs, rental housing programs, or the special loan programs of the Department.

(3) Community-Based Organization.

(a) "Community-based organization" means a nonprofit organization that is:

(i) Headquartered in the same community as its projects or programs and provides services specific to the community; or

(ii) Not headquartered in the same community as its projects or programs, if at least one-third of its board of directors is composed of community residents or members of organizations located in the community, and those organizations can show a history of involvement in the community.

(b) "Community-based organization" does not include community housing development organizations (CHDO) under the federal HOME program.

(4) "Community development" means the community development purposes of the Department as provided in Housing and Community Development Article, § 4-202, Annotated Code of Maryland.

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

(6) "Eligible housing" means housing occupied by income eligible households.

(7) "Homeownership programs" means the:

(a) Settlement Expense Loan Program authorized by Housing and Community Development Article, Title 4, Subtitle 3, Annotated Code of Maryland; and

(b) Maryland Home Financing Programs, authorized by Housing and Community Development Article, Title 4, Subtitle 8, Annotated Code of Maryland, which include the:

(i) Reverse Equity Mortgage Program,

(ii) Emergency Mortgage Assistance Program,

(iii) Preferred Interest Rate Loan Program, and

(iv) Construction Loan Program.

(8) "Homeownership Programs Fund" means the fund referred to in Housing and Community Development Article, §§ 4-501 and 4-502, Annotated Code of Maryland.

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

(10) "Housing development" means any of the activities for which loans may be made under the rental housing programs, homeownership programs, and special loan programs.

(11) "Housing Finance Review Committee" means the seven individuals appointed by the Governor to review and make recommendations to the Secretary on financing requests in accordance with Housing and Community Development Article, § 4-208, Annotated Code of Maryland.

(12) "Housing programs" means the rental housing programs, homeownership programs, and special loan programs.

(13) "Income eligible households" means households which meet the income limits established by the Secretary for any particular housing program.

(14) "Legal entity" means a corporation, association, general partnership, limited partnership, joint venture, nonprofit organization, business, government or political subdivision thereof, or governmental agency.

(15) "Local development agency" means a board, commission, agency, department, or authority of a municipality or county designated by the chief executive officer of that municipality or county for the purpose of carrying out community development activities.

(16) "Local development corporation" means a corporation or foundation of which no part of the net earnings inures to the benefit of any private shareholder or individual, organized and operated primarily for the purposes of fostering, encouraging, and assisting community development within the State.

(17) "Local government" means any municipal corporation subject to the provisions of the State Constitution, Article XI-E, or any one of the 23 counties of the State or Baltimore City.

(18) "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.

(19) "Operating assistance grants" means production grants and capacity building grants.

(20) "Production grant" means a grant to a nonprofit organization which:

(a) Produces eligible housing;

(b) Assists an individual homeowner or sponsor to apply for a loan under the homeownership or special loan programs; or

(c) Has provided lead paint testing or assessment services to an applicant under the Lead Hazard Reduction Grant and Loan Program.

(21) "Program" means the Operating and Technical Assistance Grant Program.

(22) "Rental housing programs" means the loan programs funded with moneys in the Rental Housing Programs Fund, including the:

(a) Multifamily Rehabilitation Program of the Maryland Housing Rehabilitation Program authorized under Housing and Community Development Article, § 4-201, Annotated Code of Maryland;

(b) Nonprofit Rehabilitation Program authorized under Housing and Community Development Article, § 4-929, Annotated Code of Maryland;

(c) Rental Housing Production Program under Housing and Community Development Article, § 4-1502, Annotated Code of Maryland; and

(d) Elderly Rental Housing Program authorized under Housing and Community Development Article, § 4-402, Annotated Code of Maryland.

(23) "Rental Housing Programs Fund" means the fund referred to in Housing and Community Development Article, § 4-504, Annotated Code of Maryland.

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

(25) "Special loan programs" means the loan programs funded with moneys in the Special Loan Programs Fund, including the:

(a) Regular Rehabilitation Program of the Maryland Housing Rehabilitation Program authorized under Housing and Community Development Article, § 4-906, Annotated Code of Maryland;

(b) Accessory, Shared, and Sheltered Housing Program authorized under Housing and Community Development Article, § 4-926, Annotated Code of Maryland;

(c) Lead Hazard Reduction Grant and Loan Program authorized under Housing and Community Development Article, §§ 4-708 and 4-709, Annotated Code of Maryland;

(d) Group Home Financing Program authorized under Housing and Community Development Article, § 4-602, Annotated Code of Maryland; and

(e) Indoor Plumbing Program authorized under Housing and Community Development Article, § 4-927, Annotated Code of Maryland.

(26) "Special Loan Programs Fund" means the fund referred to in Housing and Community Development Article, § 4-505, Annotated Code of Maryland.

(27) "Technical assistance grant" means a grant to a nonprofit organization, local government, local development agency, or local development corporation to obtain or provide advisory, consultative, training, information, design, architectural, organization, or management assistance to plan, design, implement, expand, or improve a community development project or program or to strengthen the ability of the grantee or those assisted by the grantee to provide or promote community development activities.

Md. Code Regs. 05.11.01.03

Regulations .03 adopted as an emergency provision effective April 8, 1991 (18:9 Md. R. 982); emergency status expired September 8, 1991
Regulations .03 adopted effective September 16, 1991 (18:18 Md. R. 2003)
Regulation .03B amended effective March 5, 2012 (39:4 Md. R. 336)