Maryland Administrative Code

.11 Waiver. The Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is consistent with the Act, if, in the determination of the Secretary, the application of a regulation in a specific case, or in an emergency situation, would be inequi…

.12 General Provisions. A. The Department or an agency may establish detailed Program guidelines or procedures. Copies of these guidelines or procedures, if any, shall be available for examination at the Department or the agency's principal office, as applicable. The Department a…

.13 Expiration. This chapter expires and is void when the Act expires.

.01 General. These regulations describe the policies and procedures the Department will use in the administration of the federal HOME Investment Partnerships Program to provide financial assistance to individuals, local governments, developers, and nonprofit organizations to prom…

.02 Objectives. The objectives of the Maryland HOME Program are to: A. Finance affordable housing in conjunction with the housing loan programs administered by the Department by awarding funds to local governments, nonprofit sponsors and developers, and for-profit sponsors and de…

.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 t…

.04 Eligible Projects and Activities — Federal Criteria. A. All projects and activities funded with HOME funds shall meet the general eligibility criteria in 24 CFR Part 92, which is incorporated by reference. B. The housing shall be: (1) Of one of the following two types: (a) Re…

.05 Eligible Projects and Activities — State Criteria. A. General. An allocation of HOME funds can be applied for through either DHCD housing programs or the Maryland HOME Initiatives Program Fund. B. DHCD Housing Programs. To be eligible for a HOME allocation through the DHCD ho…

.06 Eligible Recipients. A. Eligible recipients shall include: (1) The Department; (2) The Administration; (3) Other State agencies; (4) Local governments; (5) Public housing authorities; (6) Nonprofit organizations; (7) Community housing development organizations; (8) Corporatio…

.07 Eligible Costs. HOME funds may be used to pay any costs permitted by 24 CFR Part 92. HOME funds generally may be used to pay for the following costs: A. The actual hard costs of new construction, including the costs of complying with Regulation .14 of this chapter; B. Rehabil…

.08 Allocation of Funds—Generally. A. Initial Allocations. Upon receipt of a notification from HUD as to the availability and amount of HOME funding for administration by the State, the Department shall make recommendations on the amounts of HOME funds to be initially allocated t…

.09 Allocation of Funds — Community Housing Development Organizations. A. Eligible Organizations. Community housing development organizations are eligible if they meet the criteria set forth in 24 CFR §92.2. B. CHDO Set Asides. (1) Fifteen percent of the total allocation to the H…

.10 Terms and Conditions of Financial Assistance — General. A. Form of Financial Assistance. (1) The Department may offer HOME financial assistance in any of the following five forms: (a) Interest-bearing and non-interest-bearing loans; (b) Interest subsidies; (c) Deferred paymen…

.11 Terms and Conditions — Distribution of Sales Proceeds/Equity Sharing. A. As a condition to receipt of HOME funds disbursed as loans, a homeowner who receives HOME funds for house acquisition is required to enter into an agreement concerning the distribution of net proceeds up…

.12 HOME Grants. A. The Department may offer HOME financial assistance as grants for the following purposes: (1) Maryland HOME Initiatives Program Fund projects sponsored by nonprofit organizations, local governments, or State agencies, except that the Department reserves the rig…

.13 Advance Payment Loans. The Department may make advance payment loans under the following conditions: A. The recipient shall be a nonprofit entity, which is not a CHDO; B. The nonprofit recipient shall demonstrate the intention and capacity to complete the project; C. Repaymen…

.14 Property Standards. A. Applicable Standards for Projects to Which Funds Are Committed Prior to January 24, 2015. (1) All housing assisted with HOME funds shall meet the housing quality standards set forth in 24 CFR §982.401. (2) Newly constructed or rehabilitated housing shal…

.15 Affordable Rental Housing Requirements — Rent and Occupancy Restrictions. A. General. In order to quality for HOME funds, a rental housing development project shall meet the additional requirements of Regulations .15 and .16 of this chapter. B. Rent Limits. (1) The rent limit…

.16 Rental Housing Requirements — Landlord Obligations. A. Nondiscrimination. Households having vouchers under the Section 8 Tenant-Based Assistance: Housing Choice Voucher Program (24 CFR Part 982) or other tenant-based rental assistance, including the HOME tenant-based rental a…

.17 Affordable Homeownership Requirements. A. General. In order to qualify for HOME funds, a homeownership project shall meet the requirements of §D of this regulation and either §B or C of this regulation, as applicable. B. Acquisition of a House. (1) A single family house or on…

.18 Tenant-Based Rental Assistance Requirements. A. General. In order to qualify for tenant-based rental assistance, a tenant-based rental assistance project or program shall meet the applicable requirements of this regulation. B. Tenant-Based Rental Assistance — General Conditio…

.19 Application Procedures. A. Housing Program Applications. Applications for HOME funds for a project under one of the DHCD housing programs shall be part of the DHCD loan application and shall include the information and supporting documentation specified on the application for…

.20 Processing Procedures. A. Home applications through the Single Family Programs or for a homeownership project will be processed in accordance with the published processing procedures for the appropriate Single Family Program. B. Maryland HOME Initiatives Program Fund Processi…

.21 Nondiscrimination and Drug-Free and Alcohol-Free Workplace. A. A sponsor or other recipient of HOME funds 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,…

.22 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 or the Director's designee. B. The Department may termina…

.23 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 General. A. This chapter describes the policies and procedures the Community Development Administration will use to administer financing adjustment factor funds granted to the State under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, P.L. 100-628, as ame…

.02 Objectives. The objectives of the Administration in its use of Financing Adjustment Factor Funds are to: A. Finance affordable housing in conjunction with housing loan programs administered by the Department by awarding funds to local governments, nonprofit sponsors, and deve…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Community Development Administration. (2) “Community development project” has the meaning stated in Housing and Community Development Article, §4…

.04 Eligible Projects. A. The Administration may use FAF funds to finance the following: (1) Rental housing; (2) Homeownership; (3) Housing for persons with special housing needs; or (4) Accessory, shared, or sheltered housing facilities. B. The housing financed with FAF funds sh…

.05 Eligible Activities. FAF funds may be used for the following: A. Activities identified in 24 CFR §811.110, as amended; B. Interest rate subsidies; C. Direct rental subsidies; D. Grants or loans for housing very low-income households, including housing in mixed income or mixed…

.06 Eligible Costs. A. FAF funds may be used only to pay the development costs of dwelling units to the extent they are or would be chargeable for federal income tax purposes to the project's capital account with a proper election by a taxpayer. B. FAF funds may be used toward th…

.07 Terms and Conditions of Financial Assistance. A. Occupancy Requirements and Income Restrictions. (1) For residential rental projects, all of the residential rental units financed with FAF funds shall be rented only to very low-income households. (2) For homeownership projects…

.08 Use of FAF Funds by the Administration. A. The Administration, in its discretion, may use FAF funds in connection with a project financed under a single family program, multifamily program, community legacy program, or Maryland HOME program if the project complies with this c…

.09 Waiver. The Secretary may waive or vary particular provisions of this chapter if: A. The waiver is consistent with the Act; B. Any necessary approvals from HUD are obtained; and C. The Secretary determines that: (1) An emergency exists; or (2) The application of a regulation …

.01 General. This chapter prescribes the policies, procedures, and authorizations for providing financial assistance to eligible small businesses, nonprofit organizations, and microenterprises from the Neighborhood Business Development Fund and for administering the Business Deve…

.02 Objectives. The purposes of the Program as set forth in the Act are: A. In priority funding areas or eligible opportunity zones, to: (1) Help develop, redevelop, or expand small businesses and microenterprises; (2) Stimulate investment by the private sector; (3) Invest in rev…

.03 Definitions. A. In this chapter, the following words have the meanings indicated and as defined in the Act. B. Terms Defined. (1) “Act” means Housing and Community Development Article, Title 6, Subtitle 3, Annotated Code of Maryland. (2) “Business” means a commercial or indus…

.04 Eligible Applicants. Applicants shall meet the following minimum requirements to be eligible to apply for financial assistance under the Program: A. Be in good standing and qualified to do business in Maryland; B. Be a small business, nonprofit organization, or microenterpris…

.05 Eligible Uses. A. Financial assistance may be used for: (1) Loans or grants for project development costs including, but not limited to: (a) The acquisition of: (i) Land; (ii) Structures; (iii) Equipment; or (iv) Furnishings which are or will be a part of a project; (b) Const…

.06 Eligible Projects. In order to be eligible for financial assistance, a project shall satisfy the following requirements: A. The project is located within the State; B. The project is located in a priority funding area or eligible opportunity zone; C. As determined by the Depa…

.07 Terms and Conditions of Financial Assistance. A. The financial assistance from the Program shall be on such terms as the Department considers necessary to make the project financially feasible. B. The Department may require an approved applicant to make a cash contribution or…

.08 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: (1) Be submitted by an eligible applicant as described in Regulation .04 of…

.09 Books and Accounts. A. Applicants, 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. All of these books, accounts, and record…

.10 Program Administration. A. The Program may establish from time to time detailed Program guidelines containing underwriting standards, processing requirements, and other requirements or matters relating to providing financial assistance. B. The Program shall make a reasonable,…

.11 Approved Entities. A. General. The Department may approve an entity to originate and administer financial assistance in accordance with this chapter. B. To be eligible to administer a financial assistance program, the entity shall submit an application to the Department and m…

.12 Nondiscrimination and Drug-Free and Alcohol-Free Workplace. A. An applicant 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 …