Maryland Administrative Code

.04 Eligible Projects. A. To qualify as an eligible project for a loan, the project shall meet the following requirements: (1) The project shall provide rental units used primarily for year-round residential use; (2) If the project is a: (a) Community development or home improvem…

.05 Eligible Uses and Costs. A. The Administration may make loans as follows: (1) Construction loans; (2) Rehabilitation loans; (3) Acquisition and rehabilitation loans; (4) Home improvement project loans; and (5) Permanent or refinancing loans. B. The Administration may particip…

.06 Loan Terms and Requirements — General. A. Amount. The Administration may lend up to 100 percent of the approved replacement cost of any project. “Replacement cost” for this purpose means development costs including those costs of construction, carrying charges, financing cost…

.07 Loan Terms — Restrictions on Ownership. A. Change of Ownership. The sponsor may not sell, cease to own, assign, transfer, or dispose of all or any part of the property, or the sponsor's interest in the property, except for leases of less than 3 years to tenants, during the lo…

.08 Application Processing Procedures. A. Application. Applications for loans are to be made on forms prescribed by the Administration, and shall include all supporting documentation required by the Administration. B. Review of Applications. Each application shall be subject to a…

.09 Loan Procedures. A. Early Start. In certain circumstances and upon the request of a sponsor who has applied for a loan which has been recommended for approval by the Housing Finance Review Committee and approved by the Secretary, the Administration may approve the beginning o…

.10 Distressed Area Designation. A. Request for Designation. A municipality or county may request in writing at any time that a geographically defined area of the municipality or county be designated by the Secretary as a distressed area. The request may be made before or in conj…

.11 Fees; Program Guide. A. Amounts and time of payment of application fees, construction financing fees, permanent loan commitment fees, nonusage bond issuance fees, and other fees as may be required by the Administration shall be as provided in a fee schedule set forth in the P…

.12 Books and Accounts. Sponsors, contractors, and subcontractors shall: A. Maintain such books, accounts, and records and file with the Administration such financial and other reports as the Administration may from time to time require; B. Ensure all of these books, accounts, an…

.13 Certification of Income. A. The sponsor shall obtain signed certificates of annual income from all persons who apply to occupy a project unit, on a form furnished or approved by the Administration. For projects where existing tenants will continue in occupancy during rehabili…

.14 Nondiscrimination; Drug Free and Alcohol Free Workplace. A. A sponsor 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 permit…

.15 Signs. If required by the Administration, each sponsor shall install a sign identifying the Administration as a lender on the project. The sign, at the discretion of the Administration, may be supplied by the Administration, but in any case shall comply with the design specif…

.16 General Provisions. A. Issuance of Bonds and Notes. (1) Timing. The Administration may obtain funds for loans to finance projects from any source authorized by law, particularly by issuing bonds or notes to be repaid from revenues of the project, federal subsidies made in con…

.17 Affirmative Fair Housing Marketing Plan. Each project shall submit for review and approval by the Administration an affirmative fair housing marketing plan in accordance with the requirements of the Program Guide. The Administration shall monitor the project’s compliance with…

.01 General. This chapter prescribes the policies, procedures, and authorizations for providing capital assistance from the Partnership Rental Housing Fund and administering the Partnership Rental Housing Program.

.02 Objective. A. The objective of the Program is to provide financing for all or a portion of the development costs of rental housing that will be occupied by households of lower income and is either: (1) Owned, or to be owned, by local governments, or local government entities,…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Housing and Community Development Article, Annotated Code of Maryland. (2) “Administration” means the Community Development Administration, a unit of the Divisi…

.04 Eligible Borrowers — Local Governments and Local Government Entities. A. A local government or local government entity shall meet the requirements in §§B—F of this regulation to qualify for capital assistance. B. The local government shall provide a local contribution that me…

.05 Eligible Borrowers — Private Sector Entities. A. If a project is owned by a private sector entity, the entity shall meet the following requirements to qualify for capital assistance: (1) Be in good standing and qualified to do business in Maryland; (2) Have the legal capacity…

.06 Management. A. The sponsor shall directly manage or contract with a qualified for-profit or nonprofit management agent for the management of the operation of a project. B. The management contract: (1) Shall be acceptable to the Department and its counsel; (2) If the capital a…

.07 Eligible Uses. A. Program funds may be used to provide capital assistance for financing development costs, including: (1) Acquisition of buildings and land, provided, if the sponsor is a local government or local government entity, it has met the local contribution requiremen…

.08 Project Eligibility. A. General Requirements. Buildings and improvements comprising a project shall meet the following requirements: (1) Be located within the State; (2) When the project is complete, be in compliance with applicable codes and standards; (3) Be owned by an eli…

.09 Special Projects—Assistance to Private Sector Entities for Sale to Local Governments. A. Capital assistance may be provided to private sector entities to construct, acquire, reconstruct, or rehabilitate projects that are, upon completion, to be sold to a local government or l…

.10 Special Projects—MPDUs. A. MPDU projects that are constructed or rehabilitated by third parties and then sold to a local government or local government entity under a local regulatory land use program shall be eligible for financing under the Program, provided that the follow…

.11 Special Projects—Other. A. Projects with Commercial or Other Nonresidential Space. The Department, in its discretion, may allow capital assistance for projects that are located on sites with improvements that are not eligible for financing under the Program in that the improv…

.12 Terms and Conditions — Repayment. A. Conditional Repayment Obligation. Except as provided in §B of this regulation, a repayment of principal or interest on the capital assistance is not required unless the project ceases to be owned by the sponsor or operated in accordance wi…

.13 Terms and Conditions — General. A. Project Income. (1) A sponsor shall charge rents in amounts sufficient to pay all project expenses and fund project accounts as provided in the capital assistance documents and in this chapter. (2) Project revenues, including all income from…

.14 Terms and Conditions — Property, Liability, and Other Insurance. A. At or before closing of a loan, and at such other times as required by the Department, the sponsor shall provide evidence that the sponsor, contractor and other parties, have obtained and maintained the follo…

.15 Terms and Conditions—Construction. A. Construction Standards. Construction, reconstruction, and rehabilitation funded with capital assistance shall comply with applicable codes and standards. B. Construction Wages. The wages paid for construction, reconstruction, or rehabilit…

.16 Capital Assistance Documents. The Department shall prescribe or approve the form and content of all documents, which may include a note, deed of trust, regulatory agreement, and other instruments that the Department may require to evidence or secure the capital assistance or …

.17 Local Contribution. A. For each project undertaken by a local government or local government entity, the local government shall contribute from non-State sources: (1) All or a portion of the land for the project; (2) Funds equal to the proportion of the acquisition cost of th…

.18 Tenant Participation. A. Except as provided in §C of this regulation, as a condition of capital assistance, a sponsor shall provide a plan, acceptable to the Department, to ensure that households residing in partnership units contribute services to enhance or maintain the pro…

.19 Making an Application. Applications for capital assistance shall be made upon standard forms prescribed by the Department and shall include the information and documentation required by the Department to assess whether the project meets the requirements of the Act and this ch…

.20 Application Processing Procedures. A. Approval. (1) After considering the application and the availability of resources, the Program staff shall select projects for review and recommendation for funding by the Housing Finance Review Committee. (2) The Housing Finance Review C…

.21 Allocation of Funds. A. It is the intent of the Department that Program funds be made available Statewide. B. Funds generally shall be available on a first-come, first-served basis and be based upon the readiness of projects to initiate construction or rehabilitation. If a pr…

.22 Fund Administration. Funds shall be maintained in the State Treasurer's collection account and may be withdrawn by the Department upon the request of the Director of Multifamily Housing or the Director's designee to reimburse or pay for development costs. Sponsors shall requi…

.23 Program Administration. A. Guidelines. The Program may establish from time to time detailed Program guidelines containing underwriting standards, processing requirements, and other requirements or matters relating to providing capital assistance. B. Delegation. The Secretary …

.24 Nondiscrimination; Drug Free and Alcohol Free Workplace. A. A sponsor 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 permit…

.25 Signs. If requested by the Department, each sponsor shall install a sign identifying the Department as a lender on the project. The sign, at the discretion of the Department, may be supplied by the Department, but in any case shall comply with the design specifications of the…

.26 Books and Accounts. A. Sponsors, contractors, and subcontractors shall maintain books, accounts, and records and shall file with the Department financial and other reports as the Department may require. All of these books, accounts, and records shall be open to the inspection…

.27 Certification of Income. A. The sponsor shall obtain signed certificates of annual income from all tenants occupying a partnership unit and shall certify the annual incomes to the Department. The Department requires annual recertifications of income as well as periodic occupa…

.28 Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is consistent with the legal authorizations for the Program, if: A. In the written determination of the Secretary, the application of a regulation in a specific ca…

.29 False Statements. A sponsor that 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, is subject to immediate acceleration of…

.01 General. These regulations prescribe the policies, procedures, and authorizations for allocating federal low-income housing tax credits to eligible housing projects. The credits are created by the federal Tax Reform Act of 1986 and are allocated to each state on a per capita …

.02 Objective. The objective of the Program is to administer and make reservations and allocations of tax credits to eligible housing projects in order to promote the development of housing for low-income families.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. Any terms also appearing in the Internal Revenue Code have the meanings defined there as well. B. Terms Defined. (1) “Administration” means the Community Development Administration, an agency in…

.04 Program Administration. A. The Administration shall administer the Program according to the Plan. B. At intervals to be determined by the Secretary, the Administration shall revise the Plan according to the procedures in the Plan and as required by the Internal Revenue Code. …

.05 Subsidy Layering Review. All projects receiving an allocation of tax credits and federal financial assistance shall be reviewed by the Administration for consistency with federal subsidy layering requirements. The review shall be conducted as set forth in the Plan.

.06 Disclaimer of Liability. A. The Department and the Administration make no representations as to any tax or other consequences to a sponsor or related entities resulting from any notice of reservation of tax credits to a sponsor. B. The Department and the Administration accept…

.07 Discretionary Decisions and Actions. The Administration has sole and complete discretion to make any decision or take any action for which discretion has been granted to the Administration by the Plan or this chapter.