Maryland Administrative Code

.08 Compliance. A. The Department may monitor a project for compliance and require reports from the applicant demonstrating compliance with this chapter, the Act and any agreement with the Department. B. The Comptroller or the Secretary may not recapture a State tax credit author…

.09 Administration. A. Guidelines and Manuals. The Department may adopt guidelines and manuals related to the administration of this chapter and the Act. B. The Department shall ensure that the application forms, guidelines and manuals are publicly available on its website and at…

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

.11 False Statements. A person may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Department or in any agreement relating to the tax credits.

.12 Tax Credit Availability. Except as provided in Regulation .08 of this chapter, the Secretary may not: A. Accept applications and award an initial credit certificate for more than one catalytic revitalization project within a 2-year period; or B. Issue tax credit certificates …

.01 Purpose. The purpose of this chapter is to prescribe the policies and procedures for providing grants for administering the Homelessness Solutions Programs, including: A. The Rental Allowance Program, as set forth in Housing and Community Development Article, §4-1401 et seq.,…

.02 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) “Application” means an application by a prospective recipient of services. (3) “At ri…

.03 Eligible Grant Applicants. A. A grantee shall meet the following minimum requirements: (1) Not be currently barred or suspended from any of the Department’s programs; (2) Have the legal capacity and all necessary legal authority to incur the obligations involved in the grant;…

.04 Eligible Recipients and Requirements. A. Rental Allowance Program. (1) Eligible recipients are: (a) Households with an annual income below 30 percent of the area median income and are homeless; and (b) Households who are at risk of homelessness. (2) Funds provided under this …

.05 Grant Applications. A. Grant applications shall be accepted in one or more rounds to be announced by the Department. B. A grant application submitted to the Department shall: (1) Be on standard forms prescribed by the Department; (2) Be submitted by an eligible applicant; (3)…

.06 Program Administration. A. The Department may establish from time to time detailed program guidelines or manuals containing application schedules, procedures, processing requirements, and other requirements or matters relating to the Programs. B. The Department shall ensure t…

.07 Delivery of Services. A. The provider shall use an application document substantially similar to application documents used for other clients of the provider. B. The provider shall assess the application document and determine eligibility. C. The provider or grantee shall cre…

.08 Books and Accounts. A. A grantee and its contractors and subcontractors shall maintain books, accounts, and records and shall file with the Department financial and other reports as the Department may from time to time require. B. All of these books, accounts, and records sha…

.09 Reports and Forms. A. The Department shall provide to the grantee all instructions, data elements, and other components necessary to carry out program requirements. B. The grantee shall transmit to providers the forms that are applicable to the providers. C. The grantee shall…

.10 Grievance Procedures. A. This section applies to grantees and providers identified under Regulation .04E of this chapter. B. Written Grievance Procedures. (1) Grantees and providers shall maintain written grievance procedures for termination and denial of benefits. (2) The wr…

.11 Nondiscrimination; Drug and Alcohol Free Workplace. A. An applicant may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, gender identity, or age, except with regard to age as permi…

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

.13 False Statements. A. An individual may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Secretary or the Department by an agreement relating to the grant. B. An individual applying for or benefiting from a gran…

.14 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 Purpose. The purpose of this chapter is to prescribe the policies and procedures relating to the tenant’s exclusive negotiation period and right of first refusal as outlined in Real Property Article, §8-119, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commercially reasonable” means terms and pricing that are reasonably consistent with what an experienced real estate professional would expect to see in similar transactio…

.03 Notice Requirements in Tenant’s Exclusive Negotiation Period. A. Before a residential rental property may be offered for sale to the public or a third party, including through a listing for sale, the owner of the property shall send each tenant of the property a written notic…

.04 Form of Notice and Counteroffer. A. The notice delivered to tenants at the commencement of the tenant’s exclusive negotiation period shall contain, at minimum, the following information: (1) The material terms that the owner would agree to incorporate into a contract of sale …

.05 Notice Requirements for Tenant’s Right of First Refusal. A. Before accepting an offer to purchase a residential rental property from a third party, the owner of the property shall provide written notice to any tenants of the property of the tenants’ right of first refusal, an…

.06 Form of Notice of Right of First Refusal. A. The notice delivered to tenants under this chapter shall contain, at minimum, the following information: (1) The sales price proposed in the third-party offer to purchase; (2) A conspicuous statement that the notice is a solicitati…

.07 Information Provided to Department. Upon entry into a contract of sale with a tenant to purchase a residential rental property, the termination of a tenant’s exclusive negotiation period, or the termination of a tenant’s right of first refusal as provided in Real Property Art…

.01 Purpose. The purpose of this chapter is to prescribe the policies and procedures relating to public health impact statements as required by Land Use Article, §7-509, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Area median income” means the median household income for the area adjusted for household size as calculated annually by the United States Department of Housing and Urban …

.03 Public Health Impact Assessment Required. A. Before a qualified project is authorized to exceed the density in an area zoned for nonresidential use under Land Use Article Title 7, Subtitle 5, Annotated Code of Maryland, the entity responsible for the qualified project shall: …

.04 Evaluation of Public Health Impact Assessment by Department. A. Upon receipt of a public health impact assessment under this chapter, the Department shall: (1) Review the public health impact assessment, including any relevant information submitted by an entity responsible fo…

.01 Purpose. The purpose of this chapter is to provide requirements relating to leased or rented residences benefitting from weatherization assistance performed by the Department of Housing and Community Development pursuant to Public Utilities Article, §7-224(e), Annotated Code …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Building owner” means an owner of a low-income residential property, including the owner’s agents and assignees. (2) “Department” means the Department of Housing and Commu…

.03 Applicability. The regulations in this chapter apply to building owners who lease low-income residential properties to tenants and who obtain weatherization assistance through the low-income programs for those properties.

.04 Requirements Applicable to Building Owners. A. When a building owner obtains weatherization assistance for a low-income residential property, the benefits thereof, including utility bill reduction and preservation of affordable housing stock, must accrue primarily to tenants.…

.01 Secretary of the Department. A. The Secretary of Human Services is responsible for promulgating the regulations of the Department. B. For all agencies within the jurisdiction of the Department, the Secretary shall: (1) Review all proposed new regulations and amendments to reg…

.02 Adoption of Regulations. The Secretary shall propose and adopt all new, amended, and repealed regulations for regular promulgation and emergency action as prescribed in the Administrative Procedure Act, Annotated Code of Maryland.

.03 Waivers of Regulations. The Secretary may waive any regulation in this title for: A. Purposes of a pilot or demonstration program; and B. A maximum of 3 years from the date of the program implementation at which time the Secretary shall instruct the agency responsible for the…

.04 Petition for the Adoption or Waiver of Regulations. A. Who May File. (1) An interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of a regulation. (2) A subdivision within the jurisdiction of the Department, as specified in…

.05 Petition for Declaratory Rulings. A. Who May File. Any person may file with the Secretary a petition for a declaratory ruling regarding the applicability of a statute or regulation pertaining to the Department to any: (1) Person; (2) Property; or (3) State of facts. B. Form. …

.01 Scope. This chapter establishes procedures for requesting and gaining access to records and information of the Department of Human Services and the local departments of social services.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Public Information Act, State Government Article, §10-611 et seq., Annotated Code of Maryland. (2) “Administration” means any of the following administratio…

.03 Requestor's Procedure for Requesting Disclosure or Personal Review of a Record. A. A request for information from, or an opportunity to review, a record of the Department, an administration, or a local department shall be made to the custodian of the record. B. Requests to pe…

.04 Department's Procedures for Responding to a Request for Disclosure or Personal Review of a Record. A. Oral Requests for Information. (1) If the individual who receives a request is not the custodian of the record, the individual shall immediately provide the requestor with re…

.05 Court-Ordered Denial of Disclosure. If the official custodian believes that disclosure of a record would cause substantial injury to the public interest, but no other regulation or law permits denial of the request, the custodian may: A. Temporarily deny disclosure of the rec…

.06 Response to a Subpoena. A. If, under a subpoena, a custodian is required to produce or testify about a record, disclosure of which is not permitted by this chapter, the custodian shall: (1) Call the court's attention to this chapter and any other relevant confidentiality law,…

.07 Administrative and Judicial Review of Denial. A. If the custodian denies a written request for inspection for a reason other than because the official custodian has obtained a court order under Regulation .05 of this chapter, the requestor may: (1) Within 30 days of receipt o…

.08 Time and Place of Inspection. If the custodian grants a request to review a record, the requestor may inspect the record at the agency at which the public record is located, during the agency's normal working hours, or at a more suitable and convenient place for inspection re…

.09 Copies. A requestor who is authorized to review a record is entitled to receive a copy of that record.

.10 Fees. A. The custodian may charge the requestor the fee set forth in §B of this regulation for the search for, and preparation, reproduction, and delivery of, a record authorized to be disclosed. B. Unless provided otherwise by other statute or regulation, the duplication fee…

.11 Criminal Penalty. A court may find a willful or knowing violation of this chapter to be a criminal misdemeanor punishable by a fine not exceeding $1,000.