<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 05.05.05.13" title_num="05" subtitle_num="05" chapter_num="05" heading="Terms and Conditions — General.">
  <paragraph num="A.">
    <text>Project Income.</text>
    <paragraph num="(1)">
      <text>A sponsor shall charge rents in amounts sufficient to pay all project expenses and fund project accounts as provided in the capital assistance documents and in this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Project revenues, including all income from the rental of dwelling units, parking, and laundry, shall be placed in project accounts as provided in §B of this regulation and may not be withdrawn except to pay project expenses.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the total amount in the accounts in §B of this regulation reaches a level that the Secretary and the sponsor agree exceeds the reasonable foreseeable needs of a project, the sponsor and the Secretary may enter into an agreement to use the excess moneys for the housing needs of low-income and moderate-income individuals who need not reside in the project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Project Accounts.</text>
    <paragraph num="(1)">
      <text>The sponsor shall establish and maintain accounts for a project in a manner satisfactory to the Department and as required by the capital assistance documents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The accounts may include funds for:</text>
      <paragraph num="(a)">
        <text>Tenant security deposits;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Operating costs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Insurance;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Taxes or payment in lieu of taxes;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Reserves for maintenance, renovation, and improvements in amounts satisfactory to the Department; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A residual receipts account containing all project revenues in excess of allowable project expenses.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The sponsor shall file periodic reports with the Department regarding those accounts required by the capital assistance documents.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Tenant Selection Procedures.</text>
    <paragraph num="(1)">
      <text>The sponsor may establish tenant selection preferences for applicants living or working in the area.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Tenant selection preferences may not be based upon the length of time the applicant has lived or worked in the area.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Local residency requirements are prohibited.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Security Deposits. The sponsor may collect security deposits as permitted by Maryland law.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Rental Period. For the entire period during which the capital assistance, or any part of it, is outstanding, the partnership units shall be maintained:</text>
    <paragraph num="(1)">
      <text>If the project is owned by a local government or local government entity, as rental housing for households of lower income; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the project is owned by a private sector entity, as housing for households of lower income that include one or more individuals with disabilities or special needs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Payments in Lieu of Taxes. A project owned by a local government as a governmentally owned facility is not subject to property taxes and may only be charged a payment in lieu of taxes if there is a preexisting agreement between the sponsor and the local government providing for payments instead of taxes.</text>
  </paragraph>
</regulation>