Maryland Administrative Code

.08 False Statements. A sponsor or recipient who knowingly makes or causes to be made a false statement or report is subject to withdrawal of its reservation of a credit, or cancellation of its allocation of a credit, by the Secretary, in addition to the criminal penalties author…

.01 General. This chapter describes the policies, procedures, and authorizations for providing capital grants funded with State moneys for shelter, transitional, or other housing facilities for homeless households, and administering the Shelter and Transitional Housing Facilities…

.02 Objective. The objective of the Program is to provide capital financing for local governments and nonprofit organizations to develop shelter, transitional, or other housing facilities for homeless individuals and families.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicable codes and standards” means the zoning, construction, health, safety, fire, occupancy, and other codes and standards applicable to the project in the political s…

.04 Eligible Sponsors. A. Nonprofit sponsors and local governments are eligible to receive capital assistance for shelter, transitional, or other housing facilities for homeless households. B. Each nonprofit sponsor or local government shall meet all of the following requirements…

.05 Eligible Uses. A. Program funds may be used for: (1) The cost of acquiring land and buildings; (2) Necessary studies, surveys, plans, specifications, appraisals, compaction tests, test borings, construction cost estimates, and environmental impact reports; (3) Site preparatio…

.06 Eligible Projects. A. To qualify as an eligible project for capital assistance, the project shall meet the following requirements: (1) Be located within the State; (2) When the project is complete: (a) Be in compliance with zoning requirements and applicable codes and standar…

.07 Terms and Conditions — Repayment. A. Conditional Repayment Obligation. Repayment of capital assistance may not be required unless the project ceases to be owned by a sponsor or operated in accordance with the requirements of this chapter and the terms and conditions of the ca…

.08 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 foll…

.09 Terms and Conditions — Amount of Capital Assistance. A. General Rule. Except as provided in §B of this regulation, total capital assistance to a project may not exceed 50 percent of the total development costs of the shelter, transitional, or other housing facility for homele…

.10 Capital Assistance Documents. A. The Department shall provide the sponsor with copies of standard form capital assistance documents. B. The capital assistance documents may include the following: (1) A conditional financing agreement with conditions for repayment; (2) A notic…

.11 Making an Application. A. Applications for capital assistance shall be made upon standard forms required by the Department. B. Each application shall include the following information or items: (1) A site map that identifies the location of the property; (2) Evidence that the…

.12 Application Processing Procedures. A. Local Governments. (1) For each project for which an application is received under this chapter, the Department shall provide written notice and reasonable opportunity to comment on the project to the chief executive officer or the equiva…

.13 Allocation of Funds. A. Priority. (1) It is the intent of the Department that Program funds be made available throughout the State. (2) Funds generally shall be available on a first-come, first-served basis based upon the readiness of projects to initiate acquisition, constru…

.14 Fund Administration. A. Funds shall be maintained in the State Treasurer's 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. B. Sponsors shall requisitio…

.15 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 …

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

.17 Books and Accounts. A. Sponsors, developers, contractors, and subcontractors shall maintain such books, accounts, and records and shall file with the Department such financial and other reports as the Department may from time to time require. B. The books, accounts, and recor…

.18 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…

.01 General. A. This chapter prescribes the policies, procedures, and authorizations for administering the Maryland Appalachian Housing Program and the Maryland Appalachian Housing Fund. B. Under the provisions of Housing and Community Development Article, Title 11, Annotated Cod…

.02 Objectives. The objectives of the program are to provide assistance to Maryland Appalachian counties in the following areas: A. The stimulation of production of housing for low and moderate income families; and B. The preservation of existing housing for low and moderate inco…

.03 Definitions. A. The terms appearing in the Act and the Code shall have the meanings defined there and, in addition, the meanings used in this chapter. B. Terms Defined. (1) “Act” means the Appalachian Regional Development Act of 1965, 40 U.S.C. App. §§101—405, as amended, and…

.04 Eligible Forms of Financial Assistance. Grants, including grants with conditional repayment provisions, are the eligible form of financial assistance under the Program, unless the Department is otherwise directed by the ARC.

.05 Eligible Uses. A. The Department may provide the following types of financial assistance from the Fund to an eligible sponsor: (1) Planning; (2) Site development; and (3) Demonstration. B. Planning Assistance. (1) Planning assistance may be used to pay for predevelopment cost…

.06 Eligible Sponsors. A. The following entities are eligible to apply for financial assistance under the Program: (1) Nonprofit organizations; (2) Limited dividend organizations; (3) Local jurisdictions eligible or potentially eligible to sponsor projects; and (4) Public housing…

.07 Eligible Projects. In order to be eligible for financial assistance under the Program, a project shall demonstrate that it: A. Is located in a Maryland Appalachian county; B. Will provide housing for low and moderate income families; C. Is eligible for financial assistance fr…

.08 Terms and Conditions of Financial Assistance. A. Amount of Financial Assistance. The maximum amount of financial assistance under the Program shall be as follows: (1) Planning assistance may not exceed 50 percent of the total predevelopment costs of a project or such other pe…

.09 Applications and Processing. A. An application for financial assistance shall be submitted to the Department and shall be made upon standard forms prescribed by the Department. Each application shall contain sufficient information and documentation to determine: (1) Whether t…

.10 Books and Accounts. A. Sponsors, contractors, and subcontractors shall maintain such books, accounts, and records and shall file with the Department such financial and other reports as the Department may from time to time require. B. The books, accounts, and records in §A of …

.11 Fees and Charges. A. The Department may charge a sponsor an application and administrative fee to cover the costs to the Department involved in processing the financial assistance. B. A sponsor may withdraw an application at any time before an award of financial assistance by…

.12 Nondiscrimination; Drug 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 permitted u…

.13 Drug and Alcohol Policy. As a condition of receipt of financial assistance from the Program, the Department may require the sponsor to: A. Adopt and administer a program to promote a drug and alcohol free workplace; B. Make a good faith effort to ensure that any project it ow…

.14 Waiver. The Secretary may waive or vary provisions of these regulations to the extent that the waiver or variance is consistent with the Act and the Code and if, in the written determination of the Secretary, the application of the regulation in a specific case or in an emerg…

.01 Purpose. A. It is the purpose of the Fund to use creatively its authority to insure mortgages so as to increase the housing opportunities of the residents of the State. B. More particularly, the Fund promotes the construction and rehabilitation of housing by insuring mortgage…

.02 Scope. A. Mortgage loans secured by residential multifamily real property may be insured by the Maryland Housing Fund under its Multifamily Insurance Reserve and these regulations. B. The Multifamily Insurance Reserve is governed by the Multifamily Insurance Agreement, as may…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Housing and Community Development Article, Title 3, Subtitle 2, Annotated Code of Maryland. (2) “Appraised value” means the value of a property, as determined b…

.04 Reserves. A. Types of Reserves. Insurance issued by the Fund is backed by an insurance reserve. There currently exist seven separate reserves, one for multifamily insurance, three for single family insurance, one for general use, one for business insurance, and an unallocated…

.05 Eligible Projects. A. General. A multifamily project is eligible for Fund insurance if it: (1) Is located in Maryland; (2) When complete, conforms to all applicable federal, State, and local building, health, environmental, historic preservation, and housing codes or regulati…

.06 Eligible Lenders. A. General Criteria. Any for-profit or nonprofit entity or public agency may qualify as an eligible lender if, in the determination of the Fund, it: (1) Makes loans as a substantial function of its operations; (2) Provides evidence of responsibility, permane…

.07 Eligible Borrowers. A limited partnership, corporation, or public agency may qualify as an eligible borrower if, in the determination of the Fund, it: A. Owns, at the closing of the loan, the property in fee simple or controls the property under a leasehold interest under a g…

.08 Eligible Loans—Generally. A. To qualify as an eligible loan for a project, a loan shall meet the general terms in §§B—J of this regulation. B. Eligible Lender. The loan shall be originated by a lender who has been determined eligible under Regulation .06 of this chapter. C. F…

.09 Eligible Loans—Maximum Insured Loan. A. The maximum insurable loan amount that the Fund can insure is 25 percent of the multifamily insurance reserve, unless: (1) Additional collateral is deposited with the Fund in accordance with §B of this regulation; or (2) For projects in…

.10 Environmental and Insurance Requirements. A. Environmental Review. (1) Each loan to be insured by the Fund shall comply with applicable local, State, and federal environmental laws and regulations. (2) A lender may be required, at the discretion of the Fund, to have a borrowe…

.11 Valuation. A. Appraisal Requirement. (1) The Fund shall, at its option, either obtain, or have the lender obtain, an independent appraisal of any project for which insurance is sought, or require the borrower to submit an appraisal. (2) Appraisal Report. (a) The appraisal rep…

.12 Special Criteria for Construction Advances. A. This regulation is applicable to any construction advances under a mortgage insured by the Fund. This regulation applies to all construction advances, and in the case of a conflict between the provisions of this regulation and Re…

.13 Insurance Coverage Ratios. A. Public Agency Lenders. For loans made by public agency lenders to a borrower, the Fund may insure up to 100 percent of the loan amount for an initial premium of 1 percent of the insured loan amount for 12-month coverage. The premium and fee sched…

.14 Fees and Premiums. A. Application Fee. (1) The sponsor shall pay an application fee equal to the greater of: (a) 1/10 of 1 percent (0.1 percent) of the loan amount for which insurance is requested; or (b) $1,000. (2) The application fee shall be paid to the Fund at the time t…

.15 Reinsurance, Coinsurance, and Shared Insurance. A. Loans insured by the Fund may be reinsured or coinsured, or insurance may be shared by and with public or private mortgage insurers, or through federal guarantees, when available. Portions of risk on any loan insured by the F…

.16 Property Improvement and Energy Loans. A. Property improvement loans or energy loans made or purchased by the Community Development Administration under its Home and Energy Loan Program, or by any other public agency mortgagee operating a similar program, the proceeds of whic…

.17 Special Programs under Multifamily Reserves. A. Community Development Single-Family Projects Insured Under Multifamily Reserves. (1) The Secretary has authorized an additional plan for community development projects, financed by the Community Development Administration, consi…