Montana Administrative Code

8.111.501 PURPOSE OF REGULATIONS These rules are adopted by the board to provide explanation and guidance for loans from the Housing Montana Fund loan account authorized by Title 90, chapter 6, part 1, MCA. These rules implement the requirements of the Montana Housing Trust withi…

8.111.502 DEFINITIONS When used in these rules, unless the context clearly requires a different meaning: "Application" means the board loan application made available by the board, details of which may be obtained by contacting the board by mail at P.O. Box 200528, Helena, Montan…

8.111.503 HMF AND MHT-HMF LOAN ELIGIBLE LOAN ACTIVITIES The board may make a HMF or MHT-HMF loan for the following purposes: matching funds for public or private funds available from other sources for the development of housing for low-income or moderate income households; bridge…

8.111.504 HMF AND MHT-HMF LOAN APPLICANT ELIGIBILITY Organizations eligible for HMF or MHT-HMF loans are agencies or programs of state government, local governments, tribal governments, local housing authorities, nonprofit community or neighborhood based organizations, regional o…

8.111.505 HMF AND MHT-HMF LOAN APPLICATION PROCEDURES An application must be submitted using the board's approved application process. At the time the application is submitted, an applicant must also submit: a description of the efforts made by the applicant to coordinate the loa…

8.111.506 HMF AND MHT-HMF LOAN TERMS AND CONDITIONS A HMF or MHT-HMF loan made pursuant to ARM 8.111.503(1)(a) and (c) shall: provide for complete amortization at maturity through substantially equal monthly payments of principal and interest; have an amortization period not to e…

8.111.507 CRITERIA FOR APPROVAL OF HMF OR MHT-HMF LOAN The board will review the following criteria when considering an application for a HMF or MHT-HMF loan: the applicant's experience in managing or developing housing for low and/or moderate income households; the percentage of…

8.111.508 TANF ALLOCATION ELIGIBLE PURPOSES (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.

8.111.509 TANF ALLOCATION ELIGIBILITY (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.

8.111.510 TANF ALLOCATION APPLICATION PROCEDURE (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.

8.111.511 TANF LINE OF CREDIT TERMS AND CONDITIONS is hereby repealed. Authorizing statute(s): Sec. 90-6-136, MCA Implementing statute(s): Sec. 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; REP, 2004 MAR p. 1142, Eff. 5/7/04.

8.111.512 TANF LOAN ELIGIBILITY (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.

8.111.513 TANF LOAN TERMS AND CONDITIONS (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-133, 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2002 MAR p. 2432, Eff. 9/13/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, E…

8.111.514 TANF LOAN APPLICATION PROCEDURES (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.

8.111.515 RESPONSIBILITIES OF TANF LOAN HOUSING ASSISTANCE ORGANIZATION (REPEALED) Authorizing statute(s): 90-6-136, MCA Implementing statute(s): 90-6-134, MCA History: NEW, 2002 MAR p. 75, Eff. 1/18/02; AMD, 2004 MAR p. 1142, Eff. 5/7/04; REP, 2023 MAR p. 1405, Eff. 10/21/23.…

8.111.601 PURPOSE OF REGULATIONS These rules are enacted by the Board of Housing to provide explanation and guidance for the allocation of low income housing tax credits under Section 42 of the Internal Revenue Code of the United States (26 U.S.C. 42). The board has been designat…

8.111.602 DEFINITIONS When used in these rules, unless the context clearly requires a different meaning: "Board" means the Montana Board of Housing created by 2-15-1814, MCA. "Project" means the low income residential rental building, or buildings, that are the subject of an appl…

8.111.603 HOUSING CREDIT ALLOCATION PROCEDURE The board's processes, criteria, and related procedures and requirements applicable to application, evaluation, and selection of projects for allocation of housing credits and for housing credit compliance are set forth in the QAP. Co…

8.111.701 PURPOSE AND OBJECTIVE These rules are adopted by the board to provide explanation and guidance for the Veterans’ Home Loan Program, authorized by the Montana Veterans' Home Loan Act, Title 90, chapter 6, part 6, MCA. These rules are further adopted by the board to imple…

8.111.702 DEFINITIONS The definitions contained in ARM 8.111.502 are incorporated and apply to the rules in this subchapter. As used in this subchapter, the following terms have the following meanings: "Act" means the Montana Veterans' Home Loan Act, Title 90, chapter 6, part 6, …

8.111.703 APPLICANT ELIGIBILITY REQUIREMENTS To qualify for a VHLP loan, an applicant must: be a Montana resident; be an eligible veteran or a deceased eligible veteran's surviving spouse who is not and has not remarried since the death of the deceased eligible veteran; be a firs…

8.111.704 APPLICATION PROCEDURES Application for a VHLP loan must be made using the same process established by the board for regular bond program loans, as specified in the guide. In addition to other documents required by the guide, the application materials submitted to the pa…

8.111.705 LENDER AND SERVICER REQUIREMENTS AND LIMITS The program will be governed by and subject to the Act and the rules in this subchapter. VHLP loans shall be originated and serviced using the processes established for the board's regular bond program loans, as specified in t…

8.111.706 QUALIFYING PROPERTY The property to be purchased with a VHLP loan must be: located in the state of Montana; and occupied by the borrower as the borrower's primary residence. Depending on the type of property, the following conditions must be met: if manufacturing housin…

8.111.707 LOAN TERMS AND CONDITIONS The amount of a loan may not exceed 95% of the value of the statewide allowable purchase price determined by the board. The borrower must contribute a minimum of $2,500 of the borrower's own funds toward the down payment for the purchase of the…

8.111.801 PURPOSE OF REGULATIONS These rules are adopted by the board to provide explanation and guidance for loans from the Montana Housing Trust within the Montana Growth and Opportunity Trust authorized by 90-6-150, MCA, and Title 90, chapter 6, part 1, MCA, pursuant to the cr…

8.111.802 DEFINITIONS The definitions contained in ARM 8.111.502 are incorporated and apply to the rules in this subchapter. When used in this subchapter, the following terms have the following meanings: "Low-income" means households whose incomes do not exceed 80% of the median …

8.111.803 MHT-MFHP LOAN ELIGIBLE LOAN ACTIVITIES The board may make a MHT-MFHP loanfor the development and preservation of multifamily rental housing projects that provide housing forlow-income or moderate-income households and for the following purposes: development and construc…

8.111.804 MHT-MFHP LOAN APPLICANT ELIGIBILITY Organizations eligible for MHT-MFHP loans are agencies or programs of state government, local governments, tribal governments, local housing authorities, nonprofit community or neighborhood based organizations, regional or statewide n…

8.111.805 MHT-MFHP LOAN APPLICATION PROCEDURES An application must be submitted. At the time the application is submitted, an applicant must also submit: a description of the efforts made by the applicant to coordinate the loan with other housing assistance programs administered …

8.111.806 MHT-MFHP LOAN TERMS AND CONDITIONS A MHT-MFHP loan shall: provide for complete amortization at maturity through substantially equal monthly payments of principal and interest; have an amortization period not to exceed 40 years and a term not to exceed 30 years, both as …

8.111.807 CRITERIA FOR APPROVAL OF MHT-MFHP LOAN The board will review the following criteria when considering an application for a MHT-MFHP loan: the applicant's experience in managing or developing housing for low-income and/or moderate-income households; the percentage of the …

8.111.901 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE EMERGENCY SHELTER FACILITY GRANT (ESFG) PROGRAM The Department of Commerce adopts and incorporates by reference the Application Guidelines for the Emergency Shelter Facility Grant (ESFG) Program. The rule…

8.112.101 DEFINITIONS The following definitions shall be used in these rules, unless context clearly indicates otherwise. "Acquisition" means the purchase by the commission, or any other conveyance, transfer, assignment, gift or devise to the commission of a fee title interest in…

8.112.102 ACQUISITION PROCEDURE With respect to each acquisition, the commission must consider: whether the property represents the state's culture and history; whether the property can become self-supporting; whether the property can contribute to the economic and social enrichm…

8.112.105 UNCONDITIONAL CONVEYANCE All acquisitions conveyed, sold, granted or devised must be made unconditionally to the commission. Authorizing statute(s): 22-3-1003, MCA Implementing statute(s): 22-3-1003, MCA History: NEW, 2000 MAR p. 966, Eff. 4/14/00; TRANS, from Dept. of …

8.112.106 HISTORIC AND CULTURAL CONSIDERATIONS In assessing whether the property represents the state's culture and history, and whether the property lends itself to programs to interpret Montana history, the commission may consider the quality of the significance of the property…

8.112.109 THE PROPERTY AS SELF-SUPPORTING In assessing whether the property is self-supporting, the commission may consider: the location of the property and its proximity to population centers, to other areas of historical and popular interest, and to standard tourist routes; th…

8.112.110 EDUCATIONAL RESOURCE The commission may consider whether the property is an educational resource for the study and interpretation of Montana history. Authorizing statute(s): 22-3-1003, MCA Implementing statute(s): 22-3-1003, MCA History: NEW, 2000 MAR p. 966, Eff. 4/14/…

8.112.113 NONHISTORIC PROPERTIES These rules do not apply to non-historic properties or property interests sold, leased, granted or otherwise transferred or conveyed to the commission. Property excluded from the procedures in these rules includes real or personal property that is…

8.112.201 DEFINITIONS The following definitions shall be used in these rules, unless context clearly indicates otherwise: "Commission" means the Montana Heritage Preservation and Development Commission as created by 22-3-1001, et seq., MCA. "Covenant" means a restriction on the u…

8.112.202 SALE CRITERIA The following criteria shall receive careful consideration by the commission in evaluating property for proposed sale: whether the property represents the state's culture and history; whether the property can become self-supporting; whether the property ca…

8.112.205 PUBLIC NOTICE PRIOR TO DECISION TO SELL PROPERTY For those properties approved to proceed to the commission for consideration in accordance with these rules, an opportunity will be provided for the public to comment. A date, time, and location will be established for a …

8.112.206 SALE PROCEDURES - REAL PROPERTY The commission shall prepare a report that addresses the criteria established in ARM 8.112.202. Following review of the information in the report, the commission may vote to proceed to a public hearing for additional comment on the propos…

8.112.209 SALE PROCEDURES - PERSONAL PROPERTY Recommendations to sell personal property: The Personal Property Sales Committee shall review and recommend the sale of personal property. Such review must consider the criteria in ARM 8.112.202. The Personal Property Sales Committee …

8.112.210 SALE OF PERSONAL PROPERTY AFTER COMMISSION APPROVAL The commission is not required to sell any personal property proposed for sale through the procedures described in these rules through the Property and Supply Bureau's Surplus Program, nor is it subject to the bureau's…

8.112.213 EXCLUSION OF NONHISTORIC PROPERTY These rules do not apply to the sale of nonhistoric property acquired or managed by the commission. Property excluded from these rules, and subject to all normal state procurement and surplus requirements, includes real or personal prop…

8.115.301 DEFINITIONS is hereby repealed. Authorizing statute(s): Sec. 2-15-133, 37-71-103, MCA Implementing statute(s): Sec. 37-71-101, MCA History: NEW, 1983 MAR p. 1535, Eff. 10/28/83; REP, 1995 MAR p. 2794, Eff. 12/22/95.

8.115.304 APPLICABILITY is hereby repealed. Authorizing statute(s): Sec. 15-50-103, MCA Implementing statute(s): Sec. 15-50-101, MCA History: Eff. 12/31/72; AMD, Eff. 5/5/75; TRANS, from Dept. of Revenue, C. 240, L. 1983, Eff. 10/1/83; REP, 1995 MAR p. 2794, Eff. 12/22/95.

8.115.305 FEDERAL PROJECTS is hereby repealed. Authorizing statute(s): Sec. 15-50-103, MCA Implementing statute(s): Sec. 15-50-203, MCA, and Title 15, chapter 50, MCA History: Eff. 12/31/72; AMD, Eff. 5/5/75; TRANS, from Dept. of Revenue, C. 240, L. 1983, Eff. 10/1/83; REP, 1995 …