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<unit kind="division" number="19" name="Housing Investment Trust Fund" slug="division-19" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU">
  <section number="10-294" name="Fund established" law="code" slug="sec-10-294" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-294FUES">
    <text>There is a non-lapsing Housing Investment Trust Fund ("HIT Fund" or "Fund").</text>
  </section>
  <section number="10-295" name="Purposes and uses" law="code" slug="sec-10-295" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-295PUUS">
    <level label="a">
      <text>In general. The purposes of the Fund are to:</text>
      <level label="1">
        <text>develop effective strategies to strengthen County neighborhoods impacted by foreclosures consistent with the adopted Prince George's County Five-Year Consolidated Housing and Community Development Plan;</text>
      </level>
      <level label="2">
        <text>provide for gap financing to enable the County to support the development of new construction and preservation of existing workforce and affordable housing;</text>
      </level>
      <level label="3">
        <text>provide for housing counseling, rental, down payment, closing cost, and other financial assistance for:</text>
        <level label="A">
          <text>eligible persons to retain or purchase vacant, abandoned, and foreclosed properties; and</text>
        </level>
        <level label="B">
          <text>critical public service workers to ensure that these workers are able to live in the communities that they serve;</text>
        </level>
      </level>
      <level label="4">
        <text>acquire, rehabilitate, resell or lease-purchase of all for sale properties in Prince George's County to include: vacant, abandoned and foreclosed properties to eligible persons, not-for-profit organizations and for-profit affordable housing providers;</text>
      </level>
      <level label="5">
        <text>provide for land banking of vacant, abandoned and foreclosed properties in the County; and</text>
      </level>
      <level label="6">
        <text>to otherwise reduce and minimize the occurrence of foreclosures by coordination and use of County, State and Federal resources and programs; and</text>
      </level>
      <level label="7">
        <text>to increase and preserve the supply of safe and affordable homeownership opportunities for the purpose of growing the County's tax base revenue.</text>
      </level>
    </level>
    <level label="b">
      <text>Financial assistance.</text>
      <level label="1">
        <text>The Fund may provide financial assistance in the form of loans and grants to finance programs to meet the goals of this Division for the benefit of existing and potential homeowners or renters, not-for-profit organizations and for-profit affordable housing providers in Prince George's County.</text>
      </level>
    </level>
    <level label="c">
      <text>Homeownership Equity Program; establishment, funding, administration.</text>
      <level label="1">
        <text>The purpose of the Homeownership Equity Program is to finance the costs to increase access to affordable homeownership among County residents who are moderate-income buyers located within designated ZIP codes or neighborhoods inside I-495 the Capital Beltway.</text>
      </level>
      <level label="2">
        <text>Funding for the Homeownership Equity Program shall be financed pursuant to Section 10-296 of this Division.</text>
      </level>
      <level label="3">
        <text>The Homeowner Equity Program shall be administered by the Prince George's County Department of Housing and Community Development in partnership with the County Council and certified nonprofit housing counseling agencies.</text>
      </level>
      <level label="4">
        <text>Eligibility, terms, funding, property requirements.</text>
        <level label="A">
          <text>Subject to funding, moderate-income buyers who are County residents shall be offered zero percent (0%) interest, forgivable down payment assistance loans. They shall be deferred payment second mortgage loans. The loan amount shall be up to $30,000 per qualifying buyer. The term shall be deferred for 5 years and shall be forgiven at 20% per year (fully forgiven after 5 years if owner-occupied). Eligible properties shall be single-family homes, townhomes, or condominiums located inside the I-495 Capital Beltway. The buyer's income shall be ≤ 120% Area Median Income (AMI). The minimum buyer contribution shall be $1,000 and the buyer shall complete an eight-hour buyer education course. The buyer shall use the home as a primary residence.</text>
        </level>
        <level label="B">
          <text>The initial funding for the Program shall be Two Million ($2,000,000).</text>
        </level>
        <level label="C">
          <text>The property shall be an owner-occupied single-family home, townhouse, or condominium located within designated ZIP codes or neighborhoods inside the Capital Beltway I-495, and shall pass a standard home inspection.</text>
        </level>
      </level>
      <level label="5">
        <text>Select groups. Moderate-income is a requirement for this loan. First-time buyers shall be eligible for this loan. Buyers that are County residents are eligible for this loan, as well as County residents that are public sector workers, former renters in the Capital Beltway I-495, and households with multigenerational caregivers are eligible for this loan.</text>
      </level>
      <level label="6">
        <text>Application intake; underwriting; closing support; post-purchase follow-up. Application intake shall be coordinated by the Department of Housing and Community Development through certified nonprofit housing counseling agencies and lenders. The Department of Housing and Community Development shall verify income, eligibility, and home inspection. Funds provided at closing shall be recorded as a second mortgage lien. The Department of Housing and Community Development shall receive verification by the buyer that the property remains owner-occupied.</text>
      </level>
      <level label="7">
        <text>Approval of administrative rules and program guidelines. The Department of Housing and Community Development shall provide administrative rules and Homeownership Equity Program guidelines to be approved by the County Council.</text>
      </level>
    </level>
  </section>
  <section number="10-296" name="Financing the Fund" law="code" slug="sec-10-296" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-296FIFU">
    <level label="a">
      <text>Sources. The Fund shall be financed from:</text>
      <level label="1">
        <text>current expense funds;</text>
      </level>
      <level label="2">
        <text>any contributions, donations, or appropriations by the United States, the State of Maryland, any other political jurisdiction, or any private entity;</text>
      </level>
      <level label="3">
        <text>interest income;</text>
      </level>
      <level label="4">
        <text>fees or other charges levied on loan or grant recipients;</text>
      </level>
      <level label="5">
        <text>20% of the recordation tax collected or no less than $10 million; and</text>
      </level>
      <level label="6">
        <text>any other funds designated and provided by the County.</text>
      </level>
    </level>
    <level label="b">
      <text>Treatment. Monies provided by the County to the Fund under Subsection (a) of this Section shall be treated as a transfer to the Fund.</text>
    </level>
    <level label="c">
      <text>Repayments and Recapitalization of the Fund. The Director of Finance, subject to the written agreement or contract under Section 10-304(f), shall deposit in the Fund all program income collected for principal and interest on the loans and any authorized loan charges and fees on transactions authorized under this Division.</text>
    </level>
    <level label="d">
      <text>Non-lapsing. The Fund shall continue from year to year.</text>
    </level>
    <level label="e">
      <text>Recordation Tax Contribution. The County Council may decrease the 20% amount from the recordation tax collected when there is a national recession declared by the federal government.</text>
    </level>
    <level label="f">
      <text>Annual Report. The Director of the Department of Housing and Community Development ("Director"), or designee, shall prepare and provide an annual status report for presentation to the County Council by January 1 st of each year.</text>
    </level>
  </section>
  <section number="10-297" name="Administration of the Fund" law="code" slug="sec-10-297" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-297ADFU">
    <level label="a">
      <text>Administration. The Director of the Department of Housing and Community Development ("Director"), or his designee, shall administer the Fund according to accepted principles of sound accounting, underwriting guidelines, and fiscal management. The Director:</text>
      <level label="1">
        <text>may utilize up to fifteen (15%) of the Fund to administer the programs funded;</text>
      </level>
      <level label="2">
        <text>shall develop criteria to designate specific target areas within the County for focus of the Fund assistance, including but not limited to:</text>
        <level label="A">
          <text>areas identified with high rates of foreclosure, vacant or abandoned properties in the County;</text>
        </level>
        <level label="B">
          <text>percentage of low and moderate income populations;</text>
        </level>
        <level label="C">
          <text>the strength of the residential market;</text>
        </level>
        <level label="D">
          <text>proximity to a planned economic development and revitalization areas.</text>
        </level>
      </level>
      <level label="3">
        <text>shall develop such criteria, rules and regulations to administer the Fund programs.</text>
      </level>
    </level>
    <level label="b">
      <text>Coordination. The Director shall work with County, State and Federal agencies and departments, including the Prince George's County Redevelopment and Revenue Authority, to coordinate use of the Fund and may utilize the Fund to supplement existing County, State or Federal programs and policies that meet the goals of this Division.</text>
    </level>
    <level label="c">
      <text>Determination of accounting methods. The Director, or his designee, shall work with the Director of Finance to determine the terms of and the method and procedures for accounting for:</text>
      <level label="1">
        <text>financial assistance from the Fund;</text>
      </level>
      <level label="2">
        <text>payments by or charges against the Fund;</text>
      </level>
      <level label="3">
        <text>repayments on accounts, subject to the terms and conditions contained in the financial assistance agreements; and</text>
      </level>
      <level label="4">
        <text>maintenance of records in accordance with generally accepted accounting principals.</text>
      </level>
    </level>
    <level label="d">
      <text>The Director, or his designee, shall develop and provide established loan servicing guidelines for evaluating compliance with loan terms and conditions.</text>
    </level>
    <level label="e">
      <text>The Office of Management and Budget shall regularly review the performance of financial assistance awards and grants from the Fund for compliance with the terms and conditions negotiated by the Director.</text>
    </level>
  </section>
  <section number="10-298" name="Loans and Grants - Application, Requirements and Approval" law="code" slug="sec-10-298" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-298LOGRPPREAP">
    <level label="a">
      <text>Application. An applicant for loans or grants shall apply on an application form required by the Director of the Department of Housing and Community Development, or his designee.</text>
    </level>
    <level label="b">
      <text>Application Information Required. The loan or grant application form shall require an applicant to supply information necessary to evaluate the requested financial assistance including:</text>
      <level label="1">
        <text>a full description of the program, including staffing, outreach, budget, goals and past history of experience and performance;</text>
      </level>
      <level label="2">
        <text>financial ability of the applicant to successfully operate a program to meet the goals of this Division;</text>
      </level>
      <level label="3">
        <text>any County, State or Federal certifications and authorizations; and</text>
      </level>
      <level label="4">
        <text>any other information that may be appropriate or useful in evaluating the application.</text>
      </level>
    </level>
    <level label="c">
      <text>Process. The Director shall utilize a public and competitive bidding process for grants to not-for-profit organizations.</text>
    </level>
    <level label="d">
      <text>Approval criteria. The criteria for approval of loan or grant from the Fund shall include, but not be limited to, the following:</text>
      <level label="1">
        <text>the expected benefit to, or impact on, the County's housing conditions;</text>
      </level>
      <level label="2">
        <text>the estimated number of County residents to be served;</text>
      </level>
      <level label="3">
        <text>the ability to serve designated target areas established under this Division:</text>
      </level>
      <level label="4">
        <text>previous performance of the applicant; and</text>
      </level>
      <level label="5">
        <text>the ability of the prospective applicant to leverage financial assistance with other funds.</text>
      </level>
    </level>
    <level label="e">
      <text>Review and approval by the Director. The Director or his designee shall review loan or grant applications for completeness, need, financial ability of the applicant to meet established underwriting guidelines and goals of this Division.</text>
    </level>
    <level label="f">
      <text>Notifications, awards and contracts. The Director shall:</text>
      <level label="1">
        <text>provide written notice to all applicants upon a determination on the application;</text>
      </level>
      <level label="2">
        <text>provide written notice to an applicant approved for a loan and grant; and</text>
      </level>
      <level label="3">
        <text>enter into a written contract or agreement with an approved applicant for a grant or</text>
      </level>
      <level label="4">
        <text>enter into a written contract or agreement with an approved applicant for a loan, with terms and conditions for repayment of the loan into the Fund.</text>
      </level>
    </level>
  </section>
  <section number="10-299" name="Down payment and Closing Cost Assistance - Application, Requirements and Approval" law="code" slug="sec-10-299" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-299DOPACLCOASPPREAP">
    <level label="a">
      <text>Application. An applicant for down payment and closing cost assistance shall apply for the program on an application form required by the Director of the Department of Housing and Community Development, or his designee.</text>
    </level>
    <level label="b">
      <text>Application Information Required. The down payment and closing cost assistance application form shall require an applicant to supply information necessary to evaluate the requested financial assistance including:</text>
      <level label="1">
        <text>financial need and income of the applicant up to 120% of the area median income in the Washington, D.C. region;</text>
      </level>
      <level label="2">
        <text>financial ability of applicant to retain or purchase all for sale properties in Prince George's County including: vacant, abandoned and foreclosed properties in the targeted areas of the County;</text>
      </level>
      <level label="3">
        <text>documentation that the applicant has completed housing counseling service, training or classes; and</text>
      </level>
      <level label="4">
        <text>any other information that may be appropriate or useful in evaluating the application.</text>
      </level>
    </level>
    <level label="c">
      <text>Review and approval by the Director. The Director or his designee shall review down payment and closing cost assistance applications for completeness, need, financial ability of the applicant and such other eligibility criteria established under this Division.</text>
    </level>
  </section>
  <section number="10-299.01" name="Critical Workforce Homebuying Assistance Program" law="code" slug="sec-10-299.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-299.01CRWOHOASPR">
    <level label="a">
      <text>Program established. There is within the Housing Investment Trust Fund a Critical Workforce Homebuying Assistance Program to ensure that County workers critical to the education and safety of County residents are able to purchase homes in the communities that they serve.</text>
    </level>
    <level label="b">
      <text>Eligibility. A participant in the Program must:</text>
      <level label="1">
        <text>be employed as:</text>
        <level label="A">
          <text>a teacher employed full-time by Prince George's County Public Schools;</text>
        </level>
        <level label="B">
          <text>a nurse employed full-time in a medical office or hospital located in Prince George's County; or</text>
        </level>
        <level label="C">
          <text>a firefighter, emergency medical technician, correctional officer, police officer, public safety dispatcher, or deputy sheriff employed full-time by a public safety agency of Prince George's County Government; and</text>
        </level>
      </level>
      <level label="2">
        <text>have a household income not exceeding 120 percent of the median income for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Statistical Area.</text>
      </level>
    </level>
    <level label="c">
      <text>Assistance. Assistance under the Program shall consist of zero percent or interest-deferred loans, subject to the following conditions:</text>
      <level label="1">
        <text>Maximum loan amount shall not exceed $50,000, or 25% of the purchase price, whichever is less;</text>
      </level>
      <level label="2">
        <text>Homes must be located in Prince George's County;</text>
      </level>
      <level label="3">
        <text>Homes must be the applicant's primary residence and only property in Prince George's County to remain eligible for the Program;</text>
      </level>
      <level label="4">
        <text>Loans will be secured by a second mortgage on the property;</text>
      </level>
      <level label="5">
        <text>Loans may be paid off or payments made toward principal with no penalty; and</text>
      </level>
      <level label="6">
        <text>Any other conditions set forth in regulations adopted paragraph (d)(3) of this section.</text>
      </level>
    </level>
    <level label="d">
      <text>Administration. The Program shall be administered by the Director of the Department of Housing and Community Development, or their designee.</text>
      <level label="1">
        <text>An applicant for assistance under the Program shall apply on an application form required by the Director of the Department of Housing and Community Development, or their designee.</text>
      </level>
      <level label="2">
        <text>The Director or their designee shall review applications for assistance submitted pursuant to this subsection and provide assistance to eligible applicants subject to the availability of Program funds.</text>
      </level>
      <level label="3">
        <text>The Director of the Department of Housing and Community Development may adopt such regulations as may be necessary for the administration of the Program.</text>
      </level>
    </level>
    <level label="e">
      <text>Funding. The County Council may provide additional funding for the Program to be used in accordance with parameters established by the County Council.</text>
    </level>
  </section>
  <section number="10-300" name="Reporting" law="code" slug="sec-10-300" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV19HOINTRFU_S10-300RE">
    <level label="a">
      <text>Report to Council.</text>
      <level label="1">
        <text>The Director or his designee, shall provide each member of the County Council with a semi-annual report that outlines the financial assistance, loans and grants that have been provided and the overall performance of the Fund.</text>
      </level>
      <level label="2">
        <text>The report prepared by the Director shall include information about the compliance of the award recipient with the terms and conditions of the Fund and the provisions of this Division.</text>
      </level>
    </level>
    <level label="b">
      <text>County Auditor Reviews for Compliance. The County Auditor may regularly review the performance of financial assistance awards from the Fund for compliance with the terms and conditions negotiated by the Director.</text>
    </level>
  </section>
</unit>
