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<regulation prefix="Regulation" num=".03" citation="COMAR 05.03.01.03" title_num="05" subtitle_num="03" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Act” means Housing and Community Development Article, Title 4, Subtitle 8, Annotated Code of Maryland, as amended.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Adjusted Annual Income.</text>
      <paragraph num="(a)">
        <text>“Adjusted annual income” means 100 percent of the projected annual gross income, based on income from all members of the household 18 years old or older, who intend to reside in the eligible residence as their primary residence, except for a full-time high school or undergraduate student who is not a borrower.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Adjusted annual income” includes social security, retirement income, pensions, wages, overtime, bonuses, commissions, investment and interest income, rental income, disability or unemployment insurance, alimony and support payments, and all other income from any source, less:</text>
        <paragraph num="(i)">
          <text>Abnormal expenses of a long-term unusual nature such as extraordinary unreimburseable medical, rehabilitation, or special education expenses;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Unusual or temporary one-time income items, such as judgments or gifts, as determined by the Program; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Other income items as may be permitted by the Program.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Applicable codes and standards” means construction, health, safety, fire, occupancy, planning, zoning, and other codes and standards applicable in the State and the political subdivision where the property is located, and similar standards as may be established by the Program.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Borrower” means an applicant who receives a loan through the Program.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Closing Costs.</text>
      <paragraph num="(a)">
        <text>“Closing costs” means costs incurred in connection with purchasing or purchasing and rehabilitating an eligible residence, as approved by the Program.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Closing costs” includes:</text>
        <paragraph num="(i)">
          <text>Credit report fee;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Appraisal fee;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Home inspection fee;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Survey fee;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Title examination fee;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Title insurance fee;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Application fee;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Required escrow payments;</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Attorney's fee;</text>
        </paragraph>
        <paragraph num="(x)">
          <text>Document preparation fee;</text>
        </paragraph>
        <paragraph num="(xi)">
          <text>Recording fee; and</text>
        </paragraph>
        <paragraph num="(xii)">
          <text>State and local transfer tax and recordation tax.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>If the loan refinances existing mortgage debt, closing costs may include, in the discretion of the Program, costs such as payments owed at the time of the loan closing for:</text>
        <paragraph num="(i)">
          <text>Property taxes;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Hazard insurance premiums; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Ground rent.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“DDF” means the Division of Development Finance, a division of the Department.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Department” means the Department of Housing and Community Development, a principal department of the State.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Eligible residence” means residential property that meets the requirements of Regulation .04.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Household” means the individual or individuals who occupy or intend to occupy:</text>
      <paragraph num="(a)">
        <text>The eligible residence, in the case of a one unit residence; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>One of the units in the eligible residence, in the case of a two to four unit residence.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Household of limited income” means a household for which the adjusted annual income does not exceed the upper income limit or limits established by the Secretary in accordance with Housing and Community Development Article, §4-806(a)(2), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Loan” means a loan made by the Department to a borrower through the Program, and secured by a lien on an eligible residence.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Lot consolidation” means acquisition of real property adjacent to and in connection with a residence financed by the Program for purposes of including the real property as part of the residence.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Manufactured home” means a structure designed to be used as a dwelling, which:</text>
      <paragraph num="(a)">
        <text>Is a multisectional structure which has a single HUD certification, and was fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When installed on the site, meets a minimum floor area, depth, and length as required by the Program, in its sole discretion;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is installed permanently on an engineered foundation in conformance with the National Building Code published by the Building Officials and Code Administration International, Inc. which is incorporated by reference under COMAR 05.02.01, or the standards set by the American National Standards Institute, Inc. which are incorporated by reference under COMAR 05.02.02, and is not independently capable of movement;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Has brick, wood, aluminum, or cosmetically equivalent exterior siding and a pitched composition shingle or wood shake roof;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Is certified by:</text>
        <paragraph num="(i)">
          <text>The United States Department of Housing and Urban Development as a manufactured home in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Department as an industrialized building in accordance with Public Safety Article, §12-308, Annotated Code of Maryland;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Complies with all requirements set forth in COMAR 05.02.04;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Is installed on real property the borrower owns in fee simple or under a freely transferable ground rent lease, and the legal title to the improvements runs with the real property;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Meets all applicable zoning requirements as to number of dwelling units, lot size, and building setbacks; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Is reasonably expected to have an economic life equal to or greater than the term of the mortgage.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Mortgage” means a mortgage or deed of trust.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Nonprofit organization” means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in that entity.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Program.</text>
      <paragraph num="(a)">
        <text>“Program” means the Preferred Interest Rate Loan Program.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Program” may include staff administering the Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(17)">
      <text>“Purchase” means the acquisition of a:</text>
      <paragraph num="(a)">
        <text>Lot improved by a residential structure; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Newly constructed residential structure on a lot already owned by the borrower.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“Rehabilitation costs” means the costs for repairs and other rehabilitation work for an eligible residence as described in Regulations .06B and .07B of this chapter.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Secretary” means the Secretary of the Department of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Work write-up” means a description of the structural, mechanical, electrical, and other work items needed for the rehabilitation of an eligible residence.</text>
    </paragraph>
  </paragraph>
</regulation>