Maryland Administrative Code

.12 Monitoring. A. The Administration shall pay the proceeds of the loan to the local government based upon a schedule of draws acceptable to the Administration. B. The local government shall be solely responsible for: (1) Ensuring the adequacy and sufficiency of the design and c…

.13 Issuance of Indentures and Notes. A. Timing. The Administration may obtain funds for loans to finance projects from any source authorized by law, and in particular may issue bonds, notes, or other obligations pursuant to an indenture payable from payments on the loans. The ti…

.14 Minority Contracting. The local government shall ensure compliance with the Department's Minority Business Enterprise Program or with the local government's own program, not substantially dissimilar from the Department's program for including minority contractors in the const…

.15 Nondiscrimination; Drug and Alcohol Free Workplace. A. A local government 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 under …

.16 False Statements. A local government which knowingly makes or causes to be made a false statement or report may be subject to exclusion from the Program and to immediate acceleration of the loan, and its officials shall be subject to the criminal penalties authorized by Housi…

.17 Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act or contrary to the provisions of any applicable indenture if: A. Adherence to the requirements of any federal, State, or local pro…

.18 Delegation. The Secretary may delegate to the Director of the Administration, the Director of the Program, or to any other official or employee of the Department or Administration the authority to execute or approve any Program documents or loan documents, including loan comm…

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

.01 General. A. These regulations are intended to supplement and clarify the provisions of the Assisted Housing Preservation Act, Housing and Community Development Article, Title 7, Annotated Code of Maryland. These regulations should be read in conjunction with the Act. B. These…

.02 Definitions. A. In this chapter, the following terms shall have the meanings indicated and as defined in the Act. B. Terms Defined. (1) “Act” means the Assisted Housing Preservation Act, Housing and Community Development Article, §§7-101—7-501, Annotated Code of Maryland. (2)…

.01 Federal Preemption. A. These regulations and the Act shall be read in conjunction with the federal Low Income Housing Preservation and Resident Homeownership Act of 1990, 12 U.S.C. §§4101—4125 (“LIHPRHA”). To the extent that §232(a)(1) of LIHPRHA, 12 U.S.C. §4122(a)(1), expre…

.02 Authorized Exemptions. The Secretary, by written determination, may grant exemptions from the following requirements: A. The right of first purchase under §§7-204—7-211 of the Act; B. Tenant relocation assistance under §7-212(b)(1) and (2) of the Act; C. One-year lease extens…

.03 Standards for Exemptions. A. The Secretary may grant exemptions under Regulation .02 of this chapter to: (1) Diminish the burdens on a project owner of complying with similar requirements in federal law and in the Act when compliance with both sets of requirements would not p…

.04 Exemption Application Procedures. A. Requests for secretarial exemptions under this regulation shall include: (1) A letter requesting the exemption and outlining the reasons why the property owner believes the exemption is appropriate under the Act and these regulations; (2) …

.05 Review and Determination of Exemption Requests. A. The Director or the Director’s designee shall review each request to determine if the request conforms to the standards for exemption. When reviewing the request, the Director or the Director’s designee shall consider the fac…

.01 General. A. Each property owner who takes or intends to take a protected action shall send written notices of intent that comply with the requirements of §§7-201 and 7-202 of the Act and these regulations. B. The purpose of providing notices of intent is to: (1) Inform approp…

.02 Requirement to Submit Notices to the State. The notices of intent required under the Act and Regulations .03 and .04 of this chapter shall be submitted to the Department and the other required parties in addition to any other notification requirements imposed by the federal g…

.03 Notice Requirements. In addition to any requirements specified in the Act, the notice of intent to the chief executive officers, public housing authority, tenant association, and Secretary shall be sent by certified mail, return receipt requested and include the following inf…

.04 Form of Notice of Intent to Assisted Households. A. In addition to the notices of intent sent under Regulation .03 of this chapter, the owner shall send a notice of intent to each assisted household in accordance with §7-202(b) of the Act and this regulation. B. The owner sha…

.05 Notices of Intent to Tenants — Delivery. A. The property owner shall send a notice of intent that complies with the requirements of Regulation .04 of this chapter to each assisted household by U.S. mail, postage prepaid. B. Simultaneously with the notice of intent, the owner …

.06 Time Frames. The notice periods and corresponding lease extension periods may not commence until a notice of intent, which accurately and completely provides all the information required by the Act and these regulations, is served. If the notice of intent fails to provide all…

.01 Registration. A. The following entities may register with the Secretary at any time, including after a notice of intent and owner’s offer of right of first purchase have been sent to the Secretary, to receive owners’ offers of first purchase by sending a written request to th…

.02 Acceptance of Owner’s Offer of Right of First Purchase. A. The acceptance of an owner’s offer of a right of first purchase is governed by §§7-204—7-211 of the Act and this regulation. B. In determining which party’s acceptance will most benefit the assisted households, the Se…

.03 Withdrawal of an Acceptance. A. The original party which accepts or is authorized to accept an offer of the right of first purchase by the Secretary may withdraw its acceptance by a written notice to the owner, with a copy to the Department. B. The party withdrawing its accep…

.01 General. A tenant is entitled to tenant protection assistance, including relocation expenses and lease extensions, in accordance with §§7-212—7-219 of the Act.

.02 Relocation Expenses. A. To receive the additional $475 for relocation expenses authorized in the Act, the tenant shall submit reasonable documentation of actual and reasonable relocation expenses to the owner within 60 days after the tenant vacates the unit. B. The owner shal…

.03 Lease Extensions. A. The owner shall offer a lease extension for a period of at least 1 year from the date of the notice of intent to each assisted household that has not committed a material violation of the lease. B. The owner shall include in each extended lease the criter…

.04 Designated Households. A. Designated households that do not receive an extended tenancy under the Act may be eligible for rental equivalent payments and relocation expense payments under §7-219(e) of the Act. B. All designated households are eligible upon vacating their assis…

.05 Designated Household Assistance — Records. A. The owner shall create and maintain accurate records that set forth: (1) The relocation and reimbursement expenses paid to each assisted household; (2) The rates of rent charged for the assisted units; and (3) Any other informatio…

.01 Due Diligence. A. Settlement agents conducting real estate settlements involving the sale of residential rental projects, or the release of federally-assisted mortgages or related documents encumbering the projects, shall make inquiries of the owner as to the nature of the pr…

.02 Waiver. The Secretary may, by written determination, waive or vary particular provisions of these regulations, provided that: A. The waiver is not inconsistent with the Act; and B. In the written determination of the Secretary, the application of the regulations in a specific…

.01 General. These regulations describe the policies and procedures for making: A. Operating assistance grants to nonprofit organizations to promote the development and improvement of low income housing; B. Operating assistance grants to increase the capacity of nonprofit organiz…

.02 Objective. The objectives of the program are to: A. Make operating assistance grants to nonprofit organizations to: (1) Encourage experienced nonprofit organizations to develop housing for low income persons and households, (2) Encourage nonprofit organizations to assist indi…

.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 Maryl…

.04 Eligible Grantees. A. Production Grants. Nonprofit organizations shall meet the following requirements to qualify for a production grant: (1) Have the legal capacity to enter into a grant agreement; (2) Satisfy all legal requirements to operate in the State; (3) Meet the perf…

.05 Eligible Use of Grant Funds. A. Production Grants. Production grants may be used for any purpose for which the grantee is legally authorized to expend funds, including: (1) General operating costs, salaries, benefits, organizational costs, rent, and utilities; (2) Costs assoc…

.06 Grant Allocation and Criteria. A. Allocations. (1) The amount of funds available in the fiscal year for operating assistance grants for each of the housing programs and for technical assistance grants shall be determined as of July 1 of each fiscal year. (2) Initial determina…

.07 Grant Terms and Conditions. A. Production Grant Amounts. Production grants may be made in the following amounts: (1) For projects which produce rental housing, grants may not exceed an amount equal to 1 percent of the amount of the reservation or commitment of funds the appli…

.08 Application and Processing Procedures. A. Production Grant Applications. (1) Applications for production grants shall be on the form approved by the Department, including the following supporting documentation: (a) Organizational documents of the applicant; (b) Evidence of th…

.09 Administration of Grants. A. Recipients of capacity building grants and technical assistance grants shall maintain accurate financial records, in a form acceptable to the Department, of all transactions which relate to the grant, and make these records available to the Depart…

.10 Nondiscrimination; Drug and Alcohol Free Workplace. A. Grantees 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 under the federal …

.11 Program Administration. A. Except for waivers under §D 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 desig…

.12 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 by any agreement relating to the Program.

.01 Purpose. The purpose of the Radium Pilot Grant Program is to provide financial assistance, together with a participating county, to eligible residential well owners who incur the cost of adding a water treatment system to remove radium or gross alpha from well water.

.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 13, Annotated Code of Maryland, as amended. (2) “Agency” means a local administering agency, includ…

.03 Participating Counties. Any county may participate in the Program after it has entered into a memorandum of understanding with the Department on a form provided by the Department which shall provide, without limitation, that the county shall: A. Process grant applications fro…

.04 Eligible Residents. To be eligible for a grant under the Program, a resident shall: A. Reside on and own property in a participating county on which a well is situated; B. Have test results acceptable to the Agency indicating radium or gross alpha levels above the EPA thresho…

.05 Application Process. A. An agency shall provide prospective well owners with information on the Program and application forms. An applicant shall submit a completed application to the agency in accordance with the agency's procedures. B. A completed application shall include:…

.06 Agency Response to Application. A. If the application is not complete, the agency shall promptly notify the applicant. The notice shall inform the applicant: (1) Of what items are required to complete the application; and (2) That the application will be denied if the require…

.07 Request for Reconsideration. A. An applicant that is determined to be ineligible for a grant may make a written request for reconsideration. B. The request shall be: (1) Made within 30 days of the date of the notice of ineligibility from the agency; and (2) Delivered to the a…