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<regulation prefix="Regulation" num=".03" citation="COMAR 05.04.01.03" title_num="05" subtitle_num="04" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>The terms appearing in Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland, have the meanings defined there and, in addition, the meanings used in these regulations.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Accessory dwelling unit” means a dwelling unit which is:</text>
      <paragraph num="(a)">
        <text>Within, attached to, or on the same parcel as, and subordinate to but under the same ownership as, a single family, owner-occupied dwelling; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Intended for use as a complete, independent living facility, including permanent provisions for living, sleeping, cooking, and sanitation by one household within limits established by local codes, if any, pertaining to health, building, or other relevant provisions of the law.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Act” means Housing and Community Development Article, Title 4, Subtitle 9, Annotated Code of Maryland, as amended.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Allocation” means the share of the monies appropriated annually for the Program which is reserved for each county based on an allocation formula devised by the Department, in accordance with Regulation .17 of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Amortizing Loans.</text>
      <paragraph num="(a)">
        <text>“Amortizing loans” means loans with equal payments of principal and interest over the term of the loan such that the payments retire the loan by the end of the term.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Amortizing loans” includes loans with zero interest when the principal is repaid in equal monthly installments over the term.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Annual income” means total household income from all sources, including wages, investment income, Social Security, retirement, disability, and unemployment benefits less:</text>
      <paragraph num="(a)">
        <text>Unusual or temporary income items as determined by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Abnormal expenses of a long-term nature, such as extraordinary medical, rehabilitation, or special education expenses.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Applicable codes and rehabilitation standards” means the construction, health, safety, fire, occupancy, livability, and other codes and standards in force in the political subdivision in which an eligible building is located and applicable to that building.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Applicant” means any person or entity applying for a loan under the Program.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Borrower” means a single family owner-occupant, nonprofit sponsor, or sponsor who receives a loan to rehabilitate an eligible building.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Closing costs” means the total of all settlement costs and fees and, when applicable, initial payments for taxes, property insurance, title examination, percolation tests, or other expense items as determined by the Department.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Contract” means the agreements between a borrower and a licensed general contractor or licensed home improvement contractor accepted by the Department setting forth the terms of performance of work to be financed by a loan made under the Program.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“County” means any of the 23 counties in the State and the City of Baltimore.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Deferred payment loans” means loans which have no current payment of principal and interest, and the principal and any interest are repaid in full upon loan maturity or sale or transfer of the property.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Department” means the Department of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Director” means the Director of Single Family Housing Programs of the Department.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Elderly” means the age limit specified by the Secretary that is 55 years old or older.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Family of Limited Income.</text>
      <paragraph num="(a)">
        <text>“Family of limited income” means one or more individuals permanently residing as a household in a dwelling unit in an eligible building whose combined annual income does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-915, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Family of limited income” includes a trust described in 42 U.S.C. §1396P(D)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:</text>
        <paragraph num="(i)">
          <text>The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-915, Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The beneficiary of the trust is an individual who resides in the residential building owned by the trust.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(17)">
      <text>Family of Lower Income.</text>
      <paragraph num="(a)">
        <text>“Family of lower income” means one or more individuals residing as a household in a dwelling unit in an eligible building, whose combined annual income does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-916(b), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Family of lower income” includes a trust described in 42 U.S.C §1396P(D)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:</text>
        <paragraph num="(i)">
          <text>The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-916(b), Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The beneficiary of the trust is an individual who resides in the residential building owned by the trust.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>Family of Very Low Income.</text>
      <paragraph num="(a)">
        <text>“Family of very low income” means one or more individuals residing as a household in a dwelling unit, whose combined total income does not exceed an amount determined by the Secretary in accordance with Housing and Community Development Article, §4-916(b), Annotated Code of Maryland, which income limits shall be lower than those established for families of lower income.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Family of very low income” includes a trust described in 42 U.S.C §1396P(D)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:</text>
        <paragraph num="(i)">
          <text>The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-916(b), Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The beneficiary of the trust is an individual who resides in the residential building owned by the trust.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(19)">
      <text>“General property improvements” mean nonessential improvements that enhance the comfort, convenience, and appearance of a property, but are not necessary to remove unsanitary conditions or eliminate hazards to health and safety.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Household” means an individual or a group of individuals who occupy a dwelling unit as their permanent residence.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Level I local administrator” means a political subdivision certified by the Department under Regulation .16 of this chapter.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Level II local administrator” means a political subdivision certified by the Department under Regulation .16C of this chapter.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Local administrator” means a level I or level II local administrator.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Nonprofit organization” means a political subdivision, 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 the entity.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Nonprofit sponsor” means either a:</text>
      <paragraph num="(a)">
        <text>Nonprofit organization; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Limited partnership formed for the purpose of undertaking a rehabilitation project which is eligible in whole or part for federal programs or incentives, including low-income housing tax credits, if each of the general partners qualifies as a nonprofit organization, or the following two requirements are satisfied:</text>
        <paragraph num="(i)">
          <text>A general partner of the limited partnership is a wholly owned subsidiary of a nonprofit organization, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A nonprofit organization either manages the rehabilitation project, or will be the recipient of net cash flow or the residual sale proceeds upon sale of the rehabilitation project.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(26)">
      <text>“Partially deferred loans” means loans for which there is periodic payment of a portion of the principal or interest, or both, due during the term of the loan with unpaid amounts accrued and repaid upon maturity of the loan or sale or transfer of the property.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Political subdivision” means any municipal corporation in Maryland subject to the provisions of Article XI-E of the Constitution, the Mayor and City Council of Baltimore, and any of the 23 counties in Maryland.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Program” means the Regular Rehabilitation Program of the Maryland Housing Rehabilitation Program.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Program Director” means the Assistant Director of Special Loan Programs in the Division of Development Finance of the Department.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>Repealed.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Secretary” means the Secretary of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Shared living unit facility” means a dwelling which will accommodate two or more households when some or all of the living, dining, kitchen, or sanitary facilities are shared by the households.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>Single Family Owner-Occupant.</text>
      <paragraph num="(a)">
        <text>“Single family owner-occupant” means an eligible borrower residing or intending to reside in an eligible building which contains one residential unit and which may contain one accessory dwelling unit financed under the Program, but which contains no other units, either commercial or residential.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Single family owner-occupant” includes a trust described in 42 U.S.C §1396P(D)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with the assets that were never owned or controlled by the beneficiary, if:</text>
        <paragraph num="(i)">
          <text>The income of the trust does not exceed an amount established by the Secretary in accordance with Housing and Community Development Article, §4-916(b), Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The beneficiary of the trust is an individual who resides in the residential building owned by the trust.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(34)">
      <text>“Special Loan Programs Fund” means the special fund created under Housing and Community Development Article, §4-501(a)(1), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(35)">
      <text>“Sponsor” means an owner who receives a loan to rehabilitate a building with four or fewer units used for residential rental purposes.</text>
    </paragraph>
    <paragraph num="(36)">
      <text>“Structurally sound” means not having any physical conditions serious enough to endanger the life, property, or safety of the occupants or their invitees, whether or not the building is in compliance with applicable codes and rehabilitation standards.</text>
    </paragraph>
    <paragraph num="(37)">
      <text>“Subcontractor” means an entity authorized by the Department to carry out the duties and responsibilities of a local administrator under Regulation .16D(1) of this chapter and to hold and disburse funds under Regulation .16D(2) of this chapter.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“Work write-up” means a description of the structural, mechanical, electrical, and other work items needed for the rehabilitation of an eligible building.</text>
    </paragraph>
  </paragraph>
</regulation>