Maryland Administrative Code

.01 General. These regulations prescribe the policies, procedures, and authorizations for making construction, preconstruction, and land bank loans to nonprofit organizations and local governments.

.02 Objective. The basic objectives of the program are to provide: A. Construction-only financing to sponsors to acquire, construct, or rehabilitate adequate, safe, and sanitary single family and rental properties for occupancy by families of limited income, when permanent financ…

.03 Definitions. A. The terms appearing in the Act have the meanings defined there and, in addition, the meanings used in these regulations. B. Terms Defined. (1) “Act” means Housing and Community Development Article, Title 4, Subtitle 2, inclusive, Annotated Code of Maryland, as…

.04 Eligible Sponsors. Sponsors shall meet the following requirements to qualify for a loan: A. Be a nonprofit organization, local government, individual, corporation, or partnership, except that only a local government is eligible for a land bank loan. B. If a nonprofit organiza…

.05 Eligible Property. A. Projects shall be properly zoned for the proposed use. B. Projects other than land banking projects shall meet these additional requirements: (1) Have available a safe, sanitary, and adequate water supply and sewage system; (2) Be rehabilitated or constr…

.06 Loan Terms and Requirements. A. Interest Rate. The interest rate to be paid on loans may not exceed 8 percent annual interest. The Administration may establish a lower interest rate if the Administration determines that a lower interest rate is required for the feasibility of…

.07 Contractor Requirements. A. Contractors and subcontractors shall meet the following requirements: (1) Meet all applicable State and local licensing requirements. (2) Provide insurance coverage for comprehensive public liability, property damage liability, and workers' compens…

.08 Application and Processing Procedures. A. Loan Application. (1) A loan application shall be made upon standard forms prescribed by the Administration. (2) Each application shall be fully completed and properly executed and be accompanied by the following items: (a) A copy of …

.09 Nondiscrimination; Drug and Alcohol Free Workplace. A. A sponsor, developer or contractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as …

.10 Program Administration. A. Program Handbook. The Administration may establish from time to time operational handbooks or manuals containing internal underwriting standards and loan processing requirements which do not directly affect the rights of the public or the procedures…

.11 False Statements. A sponsor who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department's action, shall be subject to immediate accelerati…

.12 Severability. The provisions of these regulations are severable. A judgment by any court of competent jurisdiction finding or declaring that any provision of these regulations or the application of any provision to any person or circumstance is invalid does not affect the val…

.01 Scope. A. This chapter describes the policies and procedures for lead hazard reduction grants and loans to be funded through a federal grant to the Department from the United States Department of Housing and Urban Development. B. The regulations set forth in COMAR 05.04.06 de…

.02 Objective. The purpose of the Program is to make grants and loans to owner-occupants and sponsors of privately owned, owner-occupied, and rental housing property to fund certain lead hazard reduction activities. The Program will emphasize evaluating cost-effective and innovat…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Abatement. (a) “Abatement” means a set of measures designed to eliminate lead-based paint hazards in accordance with standards established by the Department. (b) “Abatement…

.04 Eligible Housing. A. Eligible housing shall be target housing, which is housing that meets the following criteria: (1) Was constructed before 1950, except that housing constructed after that but before 1978 may be approved if the Program Director determines that a lead-based …

.05 Eligible Owner-Occupants and Sponsors. Owner-occupants and sponsors shall meet all of the following requirements to qualify for Program financing: A. Either own the eligible housing, and be current for all mortgage and property tax and assessment payments, or have an agreemen…

.06 Ineligible Projects. A. If any of the following federal funding sources were or may be used in a residential dwelling unit, Program funding may not be used for that unit: (1) Shelter Plus Care; (2) Emergency Shelter Grants Program; (3) Surplus Property for Use to Assist the H…

.07 Eligible Lead Abatement Treatment. A. The Program shall determine the level of lead abatement treatment for each residential dwelling unit, and the type of work to be done. B. The four levels of treatment are: (1) Level I, which includes: (a) Installing caps of vinyl, aluminu…

.08 Program Testing. A. Biological Testing. (1) For every unit to be assisted with Program funds, the sponsor shall make a good faith effort to ensure that each child younger than 6 years old receives a blood lead test within the 3-month period before the beginning of lead abatem…

.09 Eligible Costs. A. Program funds may be used to pay the cost of the lead abatement treatment required by the Program, as described in Regulation .07 of this chapter, to the extent permitted under Regulation .11B of this chapter. B. Program funds may also be used to pay all or…

.10 Allocation of Funds. A. The Department may reserve a portion of Program funding for projects that are also receiving funding through the Department's Housing Development Programs. B. Program funds may not be used in jurisdictions that receive HUD funds to operate a lead abate…

.11 Terms and Conditions of Financing. A. Form of Financing. The Department may offer grants and loans. B. Maximum Amount of Program Financing. (1) Except as provided in §B(2) of this regulation, Program financing may not exceed: (a) $2,000 per dwelling unit for Level I treatment…

.12 Terms and Conditions—Property Standards and Insurance Requirements. A. Property Standards. All housing assisted with Program funds shall: (1) Meet the minimum livability code set forth in COMAR 05.02.03, as adopted by the jurisdiction; or (2) Be property for which the owner-o…

.13 Income, Occupancy, and Rental Housing Requirements. A. In order to qualify for Program funds, a rental housing project shall meet the requirements of this regulation. B. Income Requirements for Tenants. (1) At least 50 percent of the project units shall be occupied by househo…

.14 Application Procedures. A. Housing Programs Application. If the applicant is also applying for funding through a housing program described in Regulation .03B of this chapter, the applicant shall supply the information and supporting documentation specified on the application …

.15 Loan and Grant Approval. A. Initial Eligibility Determination. (1) An application may be submitted to the local administrator for an initial review to make a preliminary determination of the eligibility of the applicant and the project. (2) If an applicant is determined preli…

.16 Loan and Grant Disbursements. A. Monitoring. (1) The local administrator shall monitor loan and grant disbursements during lead hazard reduction work to assist the Program funding recipient and to ensure that loan funds are properly used. (2) The local administrator shall mak…

.17 Accreditation and Training Requirements. All individuals involved in lead paint abatement services for the lead hazard reduction activity shall be fully trained and accredited in accordance with the MDE State certification program outlined in COMAR 26.16.01. Cross References …

.18 Nondiscrimination; Drug and Alcohol Free Workplace. A. Recipients of Program funds, contractors, local administrators, and subcontractors may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual or…

.19 Program Administration. A. Except for a waiver under §E of this regulation, any action or decision required or permitted to be taken or made by the Department under these regulations may be taken or made by the Director, Division of Development Finance, or the Director's desi…

.20 Fees. A. The Program may charge fees such as application fees, commitment fees, loan processing fees, and financing fees. B. The fees for sponsors may not be included in Program financing. C. Fees for owner-occupants may be included in Program financing.

.21 False Statements. A person may not knowingly make or cause to be made any false statement or report in any documents required to be furnished to the Department or the local administrator by any agreement relating to the Program.

.01 Purpose. The Maryland Weatherization Program, subject to the availability of funds, provides assistance as part of a national energy conservation effort through an agency in a political subdivision of the State, for installation of heat-conserving materials in residential bui…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Agency” means a local administering agency, including a governmental unit, community action agency, Office on Aging, or other nonprofit agency. (2) “Applicant” means a rep…

.03 Program Agency Selection. A. A local governmental unit qualifies as a local administering agency for the Program without participating in the selection process. B. Under 10 CFR §440.15, an administering agency shall be a private or public nonprofit entity as recognized by fed…

.04 Eligibility. A. A dwelling unit is eligible when occupied by a family unit which: (1) Is resident in Maryland, has an income within the maximum income limits set in Regulation .12 of this chapter, and provides proof of ownership or a signed landlord-tenant agreement; or (2) C…

.05 Application Process. A. The applicant shall apply at the Agency. If the applicant is unable to come to the Agency, the Agency shall send a representative to take the application. B. A completed application includes: (1) A completed application form provided by the Agency; (2)…

.06 Agency Response to Application. A. The Agency shall receive the application. B. Incomplete Application. If the application is not complete, the agency shall notify the applicant within 5 working days as to information needed and that the application will be denied if the info…

.07 Delivery of Services. A. The Agency shall contact the applicant to arrange the specific date for installation of the materials. B. Final Inspection. (1) The Agency shall contact the applicant to arrange the date for final inspection. (2) If the inspector finds that the instal…

.08 Limitations on Service. A. The Agency may not authorize an expenditure for full weatherization in which the total cost exceeds $1,800 unless the Agency has been granted a waiver by the Department based on established criteria and sufficient documentation. B. The Agency may no…

.09 Termination. The Agency shall notify the applicant that the case is closed when the: A. Installation is complete and the final inspection form is signed; B. Applicant moves or the dwelling becomes unoccupied before the weatherization materials are installed; C. Dwelling unit …

.10 Appeals Process. A. The Agency shall have a grievance procedure and shall attempt to resolve a grievance at the local level. B. An applicant may appeal to the Department for a fair hearing in the following situations: (1) The applicant's complaint is not resolved by the Agenc…

.11 Fair Hearings Process. A. The applicant has 15 working days from the date that the notice of a right to a fair hearing was sent by the Agency to file a request. B. The Agency shall establish a process by which the request forwarded to the Department contains the following bas…

.12 Income Guidelines. The income guidelines to be used by each agency for certifying applicant eligibility are the federal poverty income guidelines that are published annually in the Federal Register. Cross References 05.04.14.04A(1)

.01 General. These regulations prescribe the policies, procedures, and authorizations for making grants to elderly homeowners to finance accessibility-related modifications to make the owner’s dwelling unit more accessible to or functional for the elderly.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland, as amended. (2) “Annual income” means total household income from al…