Chapter 14. Weatherization Program

“Agency” means a local administering agency, including a governmental unit, community action agency, Office on Aging, or other nonprofit agency.

“Applicant” means a representative member of the family unit in the dwelling unit, the owner, or designated agent of the owner, of a dwelling unit.

“Benefit” means the amount of assistance that is provided to an eligible applicant.

“Department” means the Department of Housing and Community Development.

“Dwelling unit” means any of the following:

“Fair hearing” means a procedure established to provide the applicant with the opportunity to have a dispute reviewed by a hearing officer.

“Family unit” means an individual or group of individuals who are living together as one economic unit.

“Hearing officer” means a person designated by the Department to preside at a fair hearing.

“Landlord-tenant agreement” means a document signed by the agency, the owner as landlord, and the applicant when the applicant is a tenant, specifying consent to provide access to the premises, and an agreement by the owner not to increase the rent of the premises on account of the weatherization improvements.

“Material vendor” means a supplier of weatherization material.

“Owner” means the person or persons listed in the land records of the State who holds title to the property, or the governmental agency that owns the dwelling unit.

“Program” means the Maryland Weatherization Program.

“Public housing” means a dwelling unit owned and operated by a municipality or governmental agency.

“Subsidized housing” means a privately owned dwelling unit where rental fees are subsidized by local or federal funds.

“Weatherization material” means any energy-conserving device or technology used in a dwelling unit.

The Department shall rate and rank an agency that is not a local governmental unit based on the:

In the agency rating and ranking process, the Department may give preference to an agency that has, or is currently administering, a weatherization assistance program.

Is resident in Maryland, has an income within the maximum income limits set in Regulation .12 of this chapter, and provides proof of ownership or a signed landlord-tenant agreement; or

Contains a member who has received cash assistance payments under TPA, SSI, GPA-E, GPA-PW, food stamps, or veteran benefits during the 12-month period preceding the determination of eligibility.

Has been previously weatherized under this Program unless the dwelling unit has been damaged by fire, flood, or other disaster and repair of damage to weatherization materials is not paid for by insurance;

Within 12 months of the completion of weatherization, would be acquired by a federal, State, or local program for acquisition or clearance;

Is in a designated special flood hazard area unless it complies with flood insurance purchase requirements;

Would be adversely affected by weatherization activity and defeat the purpose of any historic federal or State conservation or restoration activity;

Is unoccupied, except as provided in §C of this regulation; or

Is in a state of disrepair that without more than $150 of repairs, the installation of weatherization materials would not achieve the purpose of the Program to conserve energy.

Is being or will be rehabilitated through a federal, State, or locally funded program; and

Will be occupied by an eligible family unit.

A completed application form provided by the Agency;

Verification of countable income;

Proof of ownership or a landlord-tenant agreement; and

Household data sheet.

Money wages;

Net income from self-employment;

Social Security or Supplemental Social Security Income (SSI) or both;

Dividends, interest received, estate or trust income, rental income, or royalties;

Public assistance or welfare;

Pension and annuities including veterans' or railroad retirement;

Workers' Compensation Insurance payments;

Alimony or child support;

Compensation payments including unemployment and Criminal Injuries Compensation Board awards; and

Armed forces support payments.

Third party payments for rent or other purposes over which the household has no control;

In-kind contributions, such as food, furniture, clothing, and service from persons in the community;

Money wages of the children under 18 years old, or persons who are students and are not employed full time;

Grants and loans to undergraduate students made or insured by the Commissioner of Education under the Higher Education Assistance Act, 20 U.S.C.S. §§1070—1098, such as Basic Education Opportunity Grants and guaranteed student loans, and under the National Defense Education Act, 20 U.S.C.S. §401 et seq., as well as veterans' educational benefits;

Payments under the Federal Action Program made to participants in the Retired Senior Volunteer Program, Foster Grandparents and Senior Companion Program;

Job Training Partnership Act Program;

Maryland Service Corps; or

The value of any food stamp allotment.

If the application is complete, the Agency shall decide within 5 working days if the applicant is eligible. The Agency shall use the income guideline that corresponds to the requirements of the source of funds used.

If the Agency decides the applicant is eligible, the Agency shall notify the applicant within 5 working days of the decision. The notice shall include the:

Estimation of Cost and Determination of Type and Amount of Weatherization.

If the Agency decides to deny the application because the applicant or the dwelling unit is ineligible, the Agency shall notify the applicant within 5 working days of the decision. The notification shall include the:

The Agency shall contact the applicant to arrange the date for final inspection.

If the inspector finds that the installation is incomplete, the inspector shall return to the Agency and arrange for the job to be completed.

If the installation is complete, the inspector shall request the applicant to sign the final inspection form.

Considered the job incomplete or improperly done, the Agency shall decide within 7 working days whether the applicant is correct. If the Agency decides that the:

Complained of the behavioral problems of the installers or damage to a person or to property, the Agency shall decide whether the applicant is correct. If the Agency decides that the:

Was not available, the Agency shall contact the applicant within 7 working days of the receipt of the unsigned final inspection form and attempt to obtain the signature.

Full Weatherization. The amount of benefit depends on the type and amount of the weatherization provided up to a maximum of $1,800 for labor and program support.

Low-Cost/No-Cost Weatherization.

A dwelling unit has been previously fully weatherized;

A dwelling unit is determined to be ineligible; or

An applicant refuses weatherization services.

The applicant's complaint is not resolved by the Agency's grievance settlement procedures;

The applicant is denied assistance;

The applicant is neither certified nor denied assistance within 5 days from the date that the required documentation is presented according to Regulation .06C of this chapter;

The applicant disagrees with the Agency decision that the work is incomplete or improperly installed;

The applicant disagrees with the Agency decision regarding behavioral problems of installers or damage to person or property; or

The applicant disagrees with type or amount of weatherization provided or to be provided.

Date of request;

Name and address of the applicant making the request;

The reason for making the request; and

The date of the action or decision being appealed or the date the notice of the action or decision was mailed to the applicant.

Applicant may be represented at the hearing by a lawyer, a relative, a friend, or other person;

Department shall provide an interpreter if the applicant does not speak English or is hearing impaired;

Applicant may present witnesses, documentary evidence, and oral argument, and cross-examine any employee required to be present. The applicant may examine any documents introduced in the hearing by any party to the hearing.

Sole issue is one of either State or federal law or policy and the issue is not one of incorrect determination of ineligibility or computation;

Request has not been filed within the required time limits; or

Issue is not one of those allowed in Regulation .09B of this chapter.

Withdraws the request in writing;

Dies; or

Without good cause, does not appear at the hearing.

A summary of the regulations governing the fair hearings process, including the legal authority and jurisdiction under which the hearing is to be held;

A reference to the particular statute or rule, including a rule of procedure, involved;

A short and simple statement of the matters asserted;

The right of the applicant to be represented by a lawyer or other person at the hearing;

The availability of free legal services;

The right of the applicant to present documents and witnesses to support the case at the hearing;

The right of the applicant to examine the case record in the preparation for the hearing;

The name and phone number of the person to call if the applicant cannot attend the hearing or wishes to change the time and place of the hearing; and

The fact that the hearing will be dismissed if the applicant fails, without good cause, to attend the hearing.