<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 05.04.13.13" title_num="05" subtitle_num="04" chapter_num="13" heading="Income, Occupancy, and Rental Housing Requirements.">
  <paragraph num="A.">
    <text>In order to qualify for Program funds, a rental housing project shall meet the requirements of this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Income Requirements for Tenants.</text>
    <paragraph num="(1)">
      <text>At least 50 percent of the project units shall be occupied by households whose annual income does not exceed 50 percent of the HUD area median income adjusted for household size.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The remaining project units shall be occupied by households whose annual income does not exceed 80 percent of the HUD area median income adjusted for household size.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notwithstanding the requirements set forth in §B(2) of this regulation, for buildings with five or more units, 20 percent of the project units may be occupied without regard to household income level.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In renting a project unit, the landlord shall give priority to households with children younger than 6 years old.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Each project is subject to the requirements set forth in §§B and C of this regulation for a period of at least 3 years, under covenants and restrictions in the form required by the Department.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Annual Review.</text>
    <paragraph num="(1)">
      <text>Owners shall examine the income of each tenant household annually for 3 years. The Program may require owners to report the results.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If noncompliance with the occupancy requirements is caused by an increase in tenant income, all vacancies shall be filled with income eligible households until the noncompliance is corrected.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Income Requirements for Owner-Occupants. All owner-occupied units shall be the principal residence of families whose annual income does not exceed 80 percent of the HUD area median income adjusted for household size.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Not less than 90 percent of owner-occupied units shall be occupied by a child younger than 6 years old or shall be units where a child younger than 6 years old spends a significant amount of time visiting.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Property Maintenance. The owner shall maintain the premises in compliance with all applicable local requirements.</text>
  </paragraph>
</regulation>