These regulations prescribe the policies, procedures, and authorizations for making construction, preconstruction, and land bank loans to nonprofit organizations and local governments. The basic objectives of the program are to provide: Construction-only financing to sponsors to acquire, construct, or rehabilitate adequate, safe, and sanitary single family and rental properties for occupancy by families of limited income, when permanent financing is assured; Financing to sponsors for preconstruction costs for the development of housing for occupancy by families of limited income, to eligible properties where construction and permanent financing is assured; and Land bank financing to local governments for the acquisition of land or interests in land to be held for future development of housing for occupancy by families of limited income. The terms appearing in the Act have the meanings defined there and, in addition, the meanings used in these regulations. Terms Defined. “Act” means Housing and Community Development Article, Title 4, Subtitle 2, inclusive, Annotated Code of Maryland, as amended. “Administration” means the Community Development Administration, an agency in the Division of Development Finance of the Department of Housing and Community Development. “Applicable codes and standards” means construction, health, safety, fire, occupancy, and other codes and standards in force in the political subdivision in which an eligible building is located and which are applicable to that building or to the construction of that building. If these codes and standards do not exist or are deemed by the Secretary to be insufficient to promote the purpose of the program, then the codes and standards prescribed in COMAR 05.04.02 shall apply to rehabilitation projects and the Model Performance Code set forth in COMAR 05.02.01.03 shall apply to new construction projects. “Closing costs” means: Financing costs such as the credit report fee, survey fee, title examination, loan origination fee, title insurance fee, and application fee; Title fees such as the attorney's fee, documentation and preparation fee, recording fee, State and local transfer tax, and documentary stamps; and Prepaid expenses such as taxes, ground rent, hazard insurance, and any mortgage insurance premiums to be paid at closing. “Contract” means the written agreement between the sponsor and a licensed general contractor for the performance of work to be financed in whole or in part by the loan. “Department” means the Department of Housing and Community Development, a principal department of the State of Maryland. “Director” means the Director of the Administration. “Family of limited income” means an individual or family whose income does not exceed the income limits established by the Secretary for the program from time to time in accordance with Housing and Community Development Article, §4-218, Annotated Code of Maryland. “Family of very limited income” means an individual or family whose income does not exceed the income limits established by the Secretary for the program from time to time in accordance with Housing and Community Development Article, §4-218, Annotated Code of Maryland. “Homeownership property” means any residential property containing one self-contained unit which is the principal year-round residence of the owner and which may be a condominium, townhouse, or single family residence. “Housing Finance Review Committee” means the Housing Finance Review Committee established pursuant to Housing and Community Development Article, §4-208, Annotated Code of Maryland. “Land bank” means land or interests in land which have been or are to be acquired by a local government and which are being or will be held for future development of housing for families of limited and very limited incomes. “Local government” 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. “Local government” may include any board, commission, agency, department, or authority of any municipal corporation or county designated by its chief executive officer to carry out the rehabilitation or construction of housing. “Modular or manufactured home” means a structure transportable in one or more sections which: In the traveling mode is 8 body feet or more in width and 40 body feet or more in length and, when erected on site, is 320 or more square feet; Is built on a permanent chassis which is permanently fixed to real property, or will be permanently fixed upon completion of the work financed by the loan; Is designed to be used as a dwelling; and Includes self-contained plumbing, heating, air conditioning, and electrical systems. “Mortgage” means a written instrument including a deed of trust evidencing or creating a lien against real property for the purpose of providing collateral to secure the repayment of a debt. “Nonprofit organization” means a corporation, partnership, joint venture, foundation, or other legal entity, a part of the net earnings of which does not inure to the benefit of any private shareholder or individual holding any form of interest in the entity. “Plans and specifications” means the drawings and written listing of all materials used in, or a detailed work write-up which describes, the structural, mechanical, electrical, and other work items for the construction or rehabilitation of a project. “Preconstruction costs” means all development costs, other than the cost of acquiring the property, incurred before the start of construction, reconstruction, or rehabilitation. “Program” means the Construction Loan Program. “Program Director” means the Director of the Program as assigned by the Administration. “Project” means any undertaking or project, or portion of it, including land, buildings, and improvements, and which otherwise constitutes a community development project as defined in the Act. “Project” includes a scattered site project. “Rental property” means any residential property containing one or more dwelling units which are occupied by families other than the owner. “Secretary” means the Secretary of Housing and Community Development. “Sponsor” means a nonprofit organization, local government, individual, corporation, or partnership which receives a loan to acquire, rehabilitate, or construct a project. Sponsors shall meet the following requirements to qualify for a loan: Be a nonprofit organization, local government, individual, corporation, or partnership, except that only a local government is eligible for a land bank loan. If a nonprofit organization, corporation, or partnership, be in good standing and qualified to do business in Maryland. Have the legal capacity and all necessary authorization to incur the obligations of the loan. Own the project, have a valid sales contract to purchase the project, or have an option on or agreement of understanding acceptable to the Administration to purchase the project. In the determination of the Administration, be unable to secure a construction, preconstruction, or land bank loan from a private lending institution without impairing the feasibility of the project's serving the income levels of the proposed future occupants, or be ineligible for land bank financing or for combination construction and permanent financing through other public lending programs or programs of the Administration or Department. If the loan is for a rental property project, agree in writing that 100 percent of the dwelling units will be occupied upon completion of the project by families of limited income, and that best efforts will be undertaken to ensure that 50 percent of the dwelling units are occupied by families of very limited income. If the loan is for homeownership properties, agree in writing that all the residences will be sold initially to families of limited or very limited income who will occupy them as their principal residence. Except for land bank loans, have a commitment in a form acceptable to the Administration for permanent mortgage financing or have a letter of intent, from a lender or public program, acceptable to the Administration, to provide permanent financing upon completion of construction or rehabilitation of the project. Agree in writing to abide by all requirements of: Title VI and VII of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; The provisions of the Governor's Code of Fair Practices, as amended; The Department's Minority Business Enterprise Program, as amended. Agree in writing to provide and abide by a relocation assistance plan acceptable to the Department if occupants will be temporarily displaced during rehabilitation. Agree in a recordable document that a rental property project will be rented to families of limited income until the last to occur of: Repayment of the loan in full; Recordation of a document, recorded for the benefit of a permanent lender, with equivalent or more restrictive low income occupancy requirements, as determined by the Administration. Projects shall be properly zoned for the proposed use. Projects other than land banking projects shall meet these additional requirements: Have available a safe, sanitary, and adequate water supply and sewage system; Be rehabilitated or constructed in accordance with the applicable codes and standards; and Provide homeownership or rental property to families of limited or very limited income. Condominiums and cooperatives may be eligible projects. Modular or manufactured homes conforming with Regulation .03B(13) of this chapter may be eligible projects. Conversions of existing buildings to change the use to residential or to increase the number of residential units may be eligible projects. If a project is new construction, the project is eligible only if the: Department has complied with COMAR 05.01.06.06; and Secretary has issued the written determination required under COMAR 05.01.06.07. Interest Rate. The interest rate to be paid on loans may not exceed 8 percent annual interest. The Administration may establish a lower interest rate if the Administration determines that a lower interest rate is required for the feasibility of the project to serve occupants of a specified income level. Term. The term of each loan generally may not exceed 2 years. The Administration may permit a loan term of greater than 2 years depending upon the size and nature of the project. Maximum Loan Amount. The maximum loan may not exceed the lesser of the: Amount of permanent financing approved for the project; or Total development costs, meaning the total costs as approved by the Administration, incurred in carrying out all works and undertakings which the Administration deems reasonable and necessary for the acquisition, construction, or rehabilitation of a project, including but not limited to the costs of: Acquisition of land and any buildings on it, Acquisition closing costs, Necessary studies, surveys, plans, and specifications, Architectural, engineering, or special services, Site preparation and development, Labor and materials for construction, reconstruction, or rehabilitation, Acquisition, repair, or improvement of such machinery, equipment, and furnishings as may be deemed necessary by the Administration, Expenses incurred in connection with initial occupancy or operation of the project as deemed necessary by the Administration, Fees incurred in connection with financing the project, Construction period interest on the loan, Indemnity and surety bonds, Premiums on insurance, Relocation costs, Contingency allowance deemed necessary by the Administration, if the loan is for a rehabilitation project, in an amount not to exceed 10 percent of the total cost of development, and Other costs the Administration deems reasonable and necessary. Preconstruction Loans. The Administration may make a loan for preconstruction costs alone if: There is a commitment in place from the Administration, or other lender acceptable to the Administration, to finance the rehabilitation or construction of the project; or The sponsor has received a written assurance that a commitment will be issued for construction and permanent financing through the: Farmers Home Administration Section 502 Rural Homeownership Loan Program, Farmers Home Administration Section 515 Rural Rental Housing Loan Program, or Other public loan program acceptable to the Administration. In either case, the loan shall be evidenced by a promissory note and, if the sponsor has title to the project, be secured by a mortgage. Land Bank Loans. The Administration may make a loan for acquisition only of land, and improvements if any, if: The sponsor is a local government; The sponsor agrees that within 2 years of the date of acquisition of the property it will: Submit to the Administration a detailed plan for the development of the acquired land, and Prepare and submit an application for construction and permanent financing to a governmental or private financial institution; The loan is evidenced by a note and secured by a mortgage on the property. If the sponsor is unable to submit a plan within the required 2-year period, the Administration may grant an extension if it determines that an extension is in the best interest of the State. The maximum amount of a land bank loan may not exceed the fair market value of the property plus reasonable closing costs. Repayment. The loan shall be repaid at the earliest of the stated loan maturity date, 90 days after the date the project is completed, or the closing of the permanent mortgage financing. For homeownership properties, loan repayment may be staged to coincide with the sale of individual units to families of limited or very limited income. Security for Loans. Loans shall be secured by a mortgage, except as otherwise provided in §D. All mortgages shall be in the form required by the Administration and shall be recorded in the land records of the county in which the project is located. Disbursement. Loan funds shall be held by the Administration and disbursed in accordance with a draw schedule approved by the Administration. Change of Ownership. The sponsor shall agree not to sell, cease to own, assign, transfer, or dispose of all or any part of the project or the sponsor's interest in it, during the loan term, without the prior written consent of the Administration. Insurance. Multi-Peril Insurance. The sponsor shall maintain fire and extended coverage insurance on the buildings comprising a project both during and after construction, which shall include such endorsements as the Administration may require, such as: Collapse; Explosion; Loss of rents; Vandalism. Liability Insurance. The sponsor shall maintain comprehensive general liability insurance with such endorsements as the Administration may require, both during construction and upon occupancy of a project. Flood Insurance. If the project is located on real property which is in the 100-year flood plain, as designated by the United States Department of Housing and Urban Development, the project shall be covered by a flood plain insurance policy. Before loan closing, permits shall be secured from the Maryland Department of Natural Resources and the political subdivision in which the project is located. Other Insurance. The sponsor shall provide at loan closing such other insurance, including builders' risk, boiler insurance, comprehensive automobile liability, and broad form workers' compensation as may be required by the Department. Title Insurance. For all secured loans the sponsor shall provide a standard American Land Title Association (ALTA) Loan policy or other form of title policy approved by the Administration and the Office of the Attorney General for an amount equal to the maximum principal amount of the loan, insuring the Administration, evidencing that title to the project on the date of closing is vested in the sponsor, and containing only standard exceptions and encumbrances approved by the Administration and the Office of the Attorney General. Terms and Conditions. Each insurance policy shall meet the following minimum requirements: Be written by companies acceptable to the Administration; Be written by companies which are reputable and financially sound, as determined by the Administration; Be in force at the time of loan closing; Name the Administration as loss payee and additional insured as its interest may appear in a standard mortgagee endorsement attached to or printed in the policy; Not be terminable without prior notification to the Administration; and Contain terms and coverage satisfactory to the Administration. Loan Documents. The Administration shall provide the sponsor with copies of relevant standard form loan documents which may include: A promissory note or deed of trust note; A deed of trust and security agreement; A loan agreement; An agreement and declaration of covenants and restrictions; A building loan agreement; A guaranty of completion or loan payments, or both; A completion assurance agreement; An assignment of the construction contract; An opinion of sponsor's counsel for nonprofit organizations; An opinion of contractor's counsel; A contractor's letter and certification; An assurance of compliance with civil rights requirements; A fair practices certification; and Such other documents as the Administration may find it desirable or necessary to require. Taxes. Taxes and assessments against the property which are due and payable shall be paid at or before closing. Contractors and subcontractors shall meet the following requirements: Meet all applicable State and local licensing requirements. Provide insurance coverage for comprehensive public liability, property damage liability, and workers' compensation in form and amounts required by the Administration. Perform all work in a competent, workmanlike manner equal to the standards of the industry in conformance with the contract and applicable codes and standards. Comply with all applicable laws, ordinances and regulations relating to the protection and safety of persons and property. Furnish all labor, materials, and equipment, and obtain and pay for all licenses and permits required to rehabilitate or construct the project in accordance with the contract and the plans and specifications. Not assign the contract without the prior written consent of the sponsor and the Administration. In addition to all remedies and guarantees provided by law, make at its sole cost and expense all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or nonstructural, as shall become necessary by reason of faulty workmanship or material, which appear within a period of 1 year from the date that a certificate of completion, on the Administration's approved form, is filed with the Administration. However, if any longer guarantee period is specified for any particular materials or workmanship under plans and specifications, or under any subcontract, in connection with any manufactured unit which is installed at the project, or under the laws of the State, the longer period shall govern. Agree to complete all work specified in the construction contract or plans and specifications, as the case may be, by the date required. Indemnify and hold the Administration harmless from all liability and loss because of injury to or death of any person or damage to any property which may occur or be alleged to have occurred during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractor, or their agents and employees. The contractor shall defend all suits or claims at its sole cost and expense. Sponsors may act as general contractors only with the prior written approval of the Administration. The Administration's approval will be granted only if, in the opinion of the Administration, the sponsor has the capacity and expertise to perform as general contractor as evidenced by prior completion of projects of comparable or greater size and type. General contractors shall provide: Performance and payment bonds, each in an amount equal to 100 percent of the contract price; An irrevocable letter of credit equal to 25 percent of the contract price on assurance of completion agreement; or Other assurances as may be acceptable to the Administration. Loan Application. A loan application shall be made upon standard forms prescribed by the Administration. Each application shall be fully completed and properly executed and be accompanied by the following items: A copy of the articles of incorporation, bylaws, and most recent financial statements of the sponsor, if the sponsor is a nonprofit organization, or a letter of designation from the chief executive officer of the locality to carry out the project, if the sponsor is a local government; A copy of: The deed to the property, A contract or option agreement to purchase the property, or An agreement of understanding or letter of intent to purchase the property; Photographs of the site and any existing buildings; and Sufficient information and documentation to determine the extent, if any, to which the project will change the type of use or increase the intensity of the existing use of the property. In the case of a land bank loan, the sponsor shall furnish the following: A preliminary description of the sponsor's plans for the development of the land; An explanation of the sponsor's housing development experience and current activity which demonstrates the sponsor's capacity to develop the land for occupancy by families of limited or very limited income; and Identification of how the land is presently zoned. Feasibility Notification. Upon receipt of all documentation necessary to determine the feasibility of a project and the primary loan structure and terms, the Administration shall issue a written notification letter to the sponsor. The feasibility notification letter shall outline anticipated loan terms and shall specify any additional documentation which shall be provided or other conditions which shall be met in order for the Administration to recommend a loan for commitment, including: Plans and specifications or a detailed scope of work for the rehabilitation or construction of the project. The Administration shall review the plans and specifications or a detailed scope of work to ensure compliance with applicable codes and standards. A copy of the contract for the work. The Administration shall review the contract to determine if the contract and the licensed contractor are acceptable to the Administration. Evidence of zoning compliance. A resolution from the local government authorizing the construction or rehabilitation of the project. If the project is to be newly constructed, a soil test of the land upon which the project is to be constructed. A copy of a commitment or letter of intent to provide permanent financing which, at a minimum, shall state the amount, rate, and terms of the permanent financing. A schedule of proposed sales prices or rents. A plan to market the units to families of limited income and, if applicable, to families of very limited income. A relocation plan, if the loan is for rehabilitation of occupied residential units. Approval. Upon satisfaction of all the requirements and conditions of the feasibility notification letter, the Administration shall undertake an analysis of each application as to the final recommended loan amount, structure, and terms. Except in the case of an emergency when urgent action is required, all loans above a minimum amount, determined by the Housing Finance Review Committee established pursuant to Housing and Community Development Article, §4-208, Annotated Code of Maryland, shall be submitted by the Administration to the Committee for review and recommendation to the Secretary for approval or disapproval of a loan and the terms of the loan. At the discretion of the Director, loans in an amount below the minimum amount established by the Housing Finance Review Committee need not be submitted to the Committee for review and recommendation. The Secretary, in accordance with Regulation .11B, may delegate the review and approval of these loans. Before the issuance of any commitment letter obligating the Administration to provide a loan, regardless of the loan amount, the Secretary shall execute a determination that the loan is a community development project authorized by the Act. The execution of a determination by the Secretary shall constitute an approval of the loan and authorize the issuance of a commitment letter obligating the Administration to provide the loan. In an emergency when urgent action is required, the Secretary may execute a determination approving a loan for a project without the recommendation of the Housing Finance Review Committee. Commitment Letter. Upon the issuance of a Secretarial determination approving a loan, the Director or Program Director is authorized to issue a commitment letter setting forth the amount of the loan, the interest rate on the loan, and the other terms and conditions under which it will be made. Expiration of Commitment. For any loan approved by the Secretary, the Administration shall specify in the commitment letter a time limit within which the sponsor shall execute the documents evidencing the loan, which time limit may be extended in the Administration's sole discretion. If execution of the documentation by the sponsor does not occur within the time limit specified by the Administration, the commitment shall expire and the Administration may withdraw the moneys encumbered for the project and use them for any other project authorized by the Act. Rejection of Applications. If the Administration determines that a project or sponsor is not eligible for a loan, the Administration shall issue a written notice of the determination of ineligibility. The Administration shall provide the Housing Finance Review Committee with a report listing all loan applications rejected during the month preceding each Housing Finance Review Committee meeting. Reconsideration. Sponsors may request reconsideration of a rejection in accordance with the procedures contained in the program guidelines. An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01. Loan Closing. The loan closing shall be scheduled at a time acceptable to the sponsor, the Administration and the office of the Assistant Attorney General, or its designee. Release. Upon repayment in full of the loan, the Administration shall release its mortgage. Partial releases shall be made for single family properties as units are sold and proportionate amounts of the loan repaid. A sponsor, developer or contractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in selling, leasing, or otherwise providing dwelling accommodations or in any other aspect of the development, administration, or operation of any project or undertaking financed or assisted under the program, or in any aspect of employment by any sponsor, developer or contractor in the construction, repair, or maintenance of any property financed or assisted in whole or in part under the program. A sponsor, developer or contractor shall comply with all applicable federal, State, and local laws, and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices and drug and alcohol free workplaces, including: Titles VI and VII of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; The Fair Housing Amendments Act of 1988, as amended; The Department’s Minority Business Enterprise Program, as amended; The Americans with Disabilities Act of 1990, as amended; State Government Article, Title 20, Annotated Code of Maryland, as amended; and Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order. Covenants implementing these requirements, including affirmative action measures, shall be included in appropriate agreements between the Administration and other parties. Program Handbook. The Administration may establish from time to time operational handbooks or manuals containing internal underwriting standards and loan processing requirements which do not directly affect the rights of the public or the procedures available to the public. Copies of these handbooks shall be available for examination at the Administration's principal office. The Administration, upon request, may make copies available to the public at a reasonable charge. Delegation. The Secretary may delegate to the Director of the Administration or to any other official or employee of the Department or Administration the authority to execute or approve any program documents or contract documents. Waiver. The Secretary may waive or vary particular provisions of these regulations in writing to the extent that the waiver is not inconsistent with the Act if: Conformance to the requirements of any federal, State, or local programs in connection with providing financing to the project necessitates waiver or variance of a regulation; or In the determination of the Secretary, the application of a regulation in a specific case or in any emergency situation would be inequitable or contrary to the purposes of the Act. A sponsor who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department's action, shall be subject to immediate acceleration of the loan, in addition to the criminal penalties authorized by Housing and Community Development Article, §4-255, Annotated Code of Maryland. The provisions of these regulations are severable. A judgment by any court of competent jurisdiction finding or declaring that any provision of these regulations or the application of any provision to any person or circumstance is invalid does not affect the validity of the remaining provisions of the regulations, and the remaining regulations shall have full force and effect as if no judgment had been entered. Housing and Community Development Article, §§4-225 and 4-226, Annotated Code of Maryland;Executive Order 01.01.1992.27C Effective date: February 20, 1989 (16:3 Md. R. 340) Regulation .02A, B amended effective April 15, 1991 (18:7 Md. R. 771) Regulation .03B amended effective April 15, 1991 (18:7 Md. R. 771); November 29, 1999 (26:24 Md. R. 1856) Regulation .04A, B amended effective April 15, 1991 (18:7 Md. R. 771) Regulation .05F adopted effective January 2, 1994 (20:25 Md. R. 1942) Regulation .05F amended effective April 5, 1999 (26:7 Md. R. 538) Regulation .06J amended effective November 29, 1999 (26:24 Md. R. 1856) Regulation .08A amended effective January 2, 1994 (20:25 Md. R. 1942) Regulation .09 amended effective March 16, 2015 (42:5 Md. R. 485)