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<regulation prefix="Regulation" num=".17" citation="COMAR 05.03.02.17" title_num="05" subtitle_num="03" chapter_num="02" heading="Project Development—Eligible Projects.">
  <paragraph num="A.">
    <text>Developments of eligible residences or portions of the developments may be approved as eligible projects. The Administration may limit the number of eligible residences it will finance in any development of which the project is a part. If a development consists of more than one section, this limitation may be applicable to each section separately, as well as to the development as a whole.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Project Units.</text>
    <paragraph num="(1)">
      <text>A project may be a scattered site project of units that are not located on contiguous properties.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A project shall consist of at least two units.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the sole discretion of the Administration, cooperative units may be project units if the:</text>
      <paragraph num="(a)">
        <text>Project consists of all of the cooperative units in the building or buildings owned by the cooperative housing corporation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cooperative is in compliance with Corporations and Associations Code, Title 5, Subtitle 6B, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Cooperative project is determined by the Secretary to be a community development project under the Act;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Loans have such terms, and are secured, as required by the Administration and the mortgage insurer; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Administration, in its sole discretion, determines that the loans are permitted to be financed under the applicable bond documents.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Projects involving rehabilitation are eligible for a commitment if:</text>
    <paragraph num="(1)">
      <text>The proposed rehabilitation will correct all code violations and bring the property to a standard acceptable to the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The structures to be rehabilitated are unoccupied at the time of commitment, except in cases of:</text>
      <paragraph num="(a)">
        <text>Occupancy by tenants who are to become homeowners, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Adoption of a relocation plan acceptable to the Department; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Except in cases of tenant conversion to homeownership, the buildings to be rehabilitated are owned or to be owned by the developer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If a project involves new construction or will change the type of use or increase the intensity of the existing use of the property, the project is eligible for a forward commitment only if the:</text>
    <paragraph num="(1)">
      <text>Department has complied with COMAR 05.01.06.06; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Secretary has issued the written determination required under COMAR 05.01.06.07.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Regulations .03—.10 of this chapter apply to mortgage loans to finance acquisition of eligible residences located in eligible projects whether the mortgage loans are made directly by the Administration or purchased by the Administration from participating lenders.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If the project consists of newly constructed homes, then the project shall be located within a priority funding area identified under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Section F of this regulation does not apply to loans financed solely with the proceeds of revenue bonds issued under a transfer by a county to the Administration of the Maryland State ceiling under Financial Institutions Article, Title 13, Subtitle 8, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>