<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 05.04.01.04" title_num="05" subtitle_num="04" chapter_num="01" heading="Eligible Borrowers.">
  <paragraph num="A.">
    <text>To qualify as an eligible borrower under the Program, the requirements set forth in §§B and C of this regulation shall be met jointly and separately if more than one individual is applying for a loan.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Single family owner-occupants shall:</text>
    <paragraph num="(1)">
      <text>Be a “family of limited income” as defined in Regulation .03B(15) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Intend to reside in the property to be rehabilitated;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Own the eligible property in fee simple or under a freely transferable ground rent lease;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Have the legal capacity to incur the obligations of the loan;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Demonstrate credit worthiness and repayment ability acceptable to the Department; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Have income at a level that the Secretary has determined will render the applicant unable to afford or secure private financing to rehabilitate the property.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Sponsors and nonprofit sponsors shall:</text>
    <paragraph num="(1)">
      <text>If a business, be in good standing and be qualified to do business in Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Own the eligible property in fee simple or under a ground rent;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have the legal capacity and all necessary legal and corporate authorizations to incur the obligations of the loan;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Demonstrate credit worthiness and repayment ability acceptable to the Department;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>In the estimation of the Department be unable to afford or secure a loan from a private lending institution for the full amount required for rehabilitation and agree to use, to the extent determined by the Department, the maximum amount of private financing which the project can support consistent with the Program's purposes, without impairing the feasibility of the project;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Agree in writing that all of the dwelling units rehabilitated with the proceeds of a loan shall be occupied by families of limited income until the later of:</text>
      <paragraph num="(a)">
        <text>The date on which all principal or interest due on the loan is paid; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>15 years after completion of the rehabilitation;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Agree to abide by the requirements of Titles VI and VII of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Agree to abide by all provisions of the Governor's Code of Fair Practices, COMAR 01.01.1987.20 and COMAR 01.01.1988.05, as amended from time to time;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Provide satisfactory assurances that the borrower did not, within 12 months before making application for a loan under these regulations, cause a residential tenant to leave the building to be rehabilitated, except upon good cause;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Agree in writing to assist with relocation of tenants to the extent required by the Department; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Agree to abide by any regulations promulgated by the Department implementing the Governor's Executive Order 01.01.1989.18, as amended from time to time, requiring recipients of State funds to maintain a workplace free of drug and alcohol abuse.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Borrowers shall be in good standing and may not be under suspension or debarment from any of the Department's programs pursuant to any action under COMAR 05.01.05.</text>
  </paragraph>
</regulation>