Md. Code Regs. 05.12.01.03

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

Section 05.12.01.03 - Definitions

A. The terms appearing in 24 CFR part 92 have the meanings defined there and, in addition, the meanings used in this chapter.

B. Terms Defined.

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

(2) "Advance payment loan" means a short-term loan to a nonprofit sponsor to finance certain development costs incurred before the construction of the project, including appraisals, financing application fees, and architects', engineers' and attorneys' fees which are instrumental to the planning of a project and for which no other resources are available.

(3) "Annual income" has the meaning set forth in 24 CFR § 92.203.

(4) "Community Housing Development Organization (CHDO)" means an entity that meets the criteria set forth in Regulation .09A of this chapter.

(5) "Consolidated plan" means the planning document and funding application required to be submitted by the State annually and approved by HUD.

(6) Department.

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

(b) "Department" includes the Administration.

(7) "DHCD housing programs" means collectively the Rental Housing Program, the Single Family Programs, the Multifamily Bond Program, the Low Income Housing Tax Credit Program, and the Shelter and Transitional Facilities Grant Program, all as authorized under the Housing and Community Development Article, Annotated Code of Maryland, and this title.

(8) "Director" means the Director of the Division of Development Finance of the Department.

(9) "Group home" or "group home project" means a housing facility offering:

(a) Common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities;

(b) Supportive services or supervisory personnel to individuals with special housing needs when the individuals are not related to the group home sponsor; and

(c) Except in the case of a shared bedroom, separate private space for each individual.

(10) "HOME" means the federal HOME Investment Partnerships Program as implemented by the Department.

(11) "HOME Investment Trust Fund" or "Trust Fund" means the monies provided by HUD for investment in HOME projects by the Department contained in the federal treasury account and any HOME funds in the Department's local account.

(12) "Homeownership project" means housing owned and occupied by an income eligible household as their primary residence, including any project that would qualify for financing under any of the Single Family Programs.

(13) 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.

(14) "Housing Finance Review Committee" means the committee 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.

(15) "HUD" means the United States Department of Housing and Urban Development.

(16) Income eligible household.

(a) "Income eligible household" means a household whose gross annual income does not exceed the income limits for low income families or very low income families as set forth in 24 CFR § 92.2.

(b) "Income eligible household" does not include a student who is not eligible to receive Section 8 assistance under 24 CFR § 5.612.

(17) "Maryland HOME Initiatives Program Fund" means that portion of the HOME Investment Trust Fund set aside to be competitively awarded to applicants in accordance with Regulation .20B of this chapter.

(18) "New construction" means the development and construction of a residential building, including any project which received its first certificate of occupancy within 1 year of receiving a commitment letter for HOME funds.

(19) "Operating deficit reserve" means funds that are set aside for use in the rent-up period and are restricted to payment for debt service, operating expenses, and reserve for replacement payments.

(20) "Participating jurisdiction" means a jurisdiction that:

(a) HUD determines from time to time to be entitled to an allocation of HOME funds; and

(b) As of October 1, 2013, consisted of Baltimore City and Anne Arundel, Baltimore, Harford, Howard, Montgomery, and Prince George's counties.

(21) "Program" means the Maryland HOME Program operated by the Department.

(22) "Program Guide" means the Multifamily Rental Financing Program Guide adopted by the Department, as amended from time to time.

(23) Project.

(a) "Project" means a site or one or more buildings, together with the site or sites on which the building or buildings are located, that are under common ownership, management, and financing and are to be assisted with HOME funds under a commitment by the owner.

(b) "Project" includes a site consisting of less than all units in a building, as calculated in accordance with Regulation .15 of this chapter.

(24) Reconstruction.

(a) "Reconstruction" means the replacement of existing housing on the same lot.

(b) "Reconstruction" includes increasing or decreasing the number of rooms per housing unit, as long as the number of housing units is not increased or decreased.

(c) Reconstruction" includes housing that was destroyed and is rebuilt on the same lot if HOME funds are committed within 12 months of the date of destruction.

(25) Rental Housing Development.

(a) "Rental housing development" means a development which provides housing to income eligible households pursuant to a lease or agreement with the owner.

(b) "Rental housing development" includes transitional housing and single room occupancy housing but does not include group homes.

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

(27) "Sanitary facilities" means a flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water, all in proper operating condition.

(28) "Single Family Programs" means the:

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

(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) MHFP Construction Loan Program;

(c) The Maryland Mortgage Program, authorized by Housing and Community Development Article, §§ 4-236 -4-241, Annotated Code of Maryland;

(d) Regular Rehabilitation Program of the Maryland Housing Rehabilitation Program authorized under Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland;

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

(f) Lead Hazard Reduction Grant and Loan Program authorized under Housing and Community Development Article, § 4-701, Annotated Code of Maryland;

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

(h) Group Home Financing Program authorized under Housing and Community Development Article, Title 4, Subtitle 6, Annotated Code of Maryland;

(i) Home and Energy Loan Program (one-to-four units) authorized under Housing and Community Development Article, §§ 4-244 -4-245, Annotated Code of Maryland;

(j) Special Housing Opportunities Program authorized under Housing and Community Development Article, §§ 4-244 -4-245, Annotated Code of Maryland;

(k) Federal Lead Hazard Reduction Program authorized under Housing and Community Development Article, § 4-211(a)(8) and (9), Annotated Code of Maryland; and

(l) Accessible Homes for Senior Homeowners Grant Program authorized under Housing and Community Development Article, § 4-931, Annotated Code of Maryland.

(29) "Single room occupancy housing" means housing consisting of single room dwelling units which are the primary residence of the occupant or occupants and, if:

(a) The housing is being:

(i) Newly constructed, converted from nonresidential space, or reconstructed, each unit contains food preparation facilities or sanitary facilities, or both; or

(ii) Acquired or rehabilitated, the building contains at least sanitary facilities for the use of occupants; and

(b) The project's designation as single room occupancy housing is not inconsistent with the building's zoning and building code classification.

(30) "Sponsor" means an eligible recipient under Regulation .06 of this chapter that has applied for funds under the program.

(31) Tenant-Based Rental Assistance.

(a) "Tenant-based rental assistance" means rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance.

(b) "Tenant-based rental assistance" includes security deposits for rental of dwelling units.

(32) "Transitional housing" means housing that:

(a) Provides housing, together with appropriate supportive services, to people, including deinstitutionalized people with disabilities, homeless individuals with disabilities, and homeless households with children; and

(b) Assists individuals and households to live independently within a certain time period.

(33) "Undertaking" means an entire rental housing or homeownership development, which may be a scattered site development, being acquired, constructed, or rehabilitated by an eligible recipient and being financed as a single development, but in which development only a portion of the rental housing units or homes is assisted with HOME funds. In this case, the project being assisted with HOME funds shall have fewer rental housing units or homes than the undertaking in accordance with the formula set forth in Regulation .13 of this chapter.

Md. Code Regs. 05.12.01.03

Regulation .03B amended effective September 25, 1995 (22:19 Md. R. 1471)
Regulation .03 amended effective 41:25 Md. R. 1476, eff.12/22/2014