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<chapter num="03" heading="Notice of Intent to Take Protected Action" title_num="05" subtitle_num="10">
  <regulation prefix="Regulation" num=".01" heading="General.">
    <paragraph num="A.">
      <text>Each property owner who takes or intends to take a protected action shall send written notices of intent that comply with the requirements of §§7-201 and 7-202 of the Act and these regulations.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The purpose of providing notices of intent is to:</text>
      <paragraph num="(1)">
        <text>Inform appropriate government agencies of the proposed action, and its possible impact on the tenants, and the local stock of affordable housing;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Provide the Department with information to determine if the proposed action is legally permissible;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Inform assisted households of the proposed actions and their rights in the event federal assistance is discontinued; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>If the project is to be sold, afford other parties the opportunity to exercise a right of first purchase in accordance with §§7-204—7-211 of the Act.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Requirement to Submit Notices to the State.">
    <text>The notices of intent required under the Act and Regulations .03 and .04 of this chapter shall be submitted to the Department and the other required parties in addition to any other notification requirements imposed by the federal government. Submission of a notice to the applicable federal agency only by the owner or any other party does not constitute compliance with the Act and these regulations.</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Notice Requirements.">
    <text>In addition to any requirements specified in the Act, the notice of intent to the chief executive officers, public housing authority, tenant association, and Secretary shall be sent by certified mail, return receipt requested and include the following information or material:</text>
    <paragraph num="A.">
      <text>The nature of the proposed protected action;</text>
    </paragraph>
    <paragraph num="B.">
      <text>A list of the federal program or programs that govern the federally-assisted mortgage or any project-based assistance;</text>
    </paragraph>
    <paragraph num="C.">
      <text>For assisted projects that are subject to federally-assisted mortgages:</text>
      <paragraph num="(1)">
        <text>A copy of the assisted mortgage, the secured note, and any regulatory agreement and other related mortgage documents; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A statement setting forth the:</text>
        <paragraph num="(a)">
          <text>Maturity date of the mortgage;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Original and current principal balance of the mortgage;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Name and address of the mortgagee; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Number of assisted units regulated by the mortgage;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>For assisted projects that have units subsidized by project based assistance:</text>
      <paragraph num="(1)">
        <text>A copy of the federal agreement to enter into a household assistance payments contract (AHAP);</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A copy of the federal housing assistance payments contract (HAP) evidencing the Section 8 agreement and a statement setting forth the expiration date of the Section 8 agreement, including all extensions or renewal options;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The name and address of the agency responsible for administering the Section 8 agreement; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>The number of units for which assistance is provided;</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>A statement as to the expected impact of the proposed protected action on rents and the continued occupancy by existing assisted households for 3 years following the date of the protected action, including:</text>
      <paragraph num="(1)">
        <text>Any proposed rent increases over such period; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The size of any tenant waiting list on the project;</text>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>For projects that receive project-based assistance for less than 100 percent of the units:</text>
      <paragraph num="(1)">
        <text>The number of unsubsidized units;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The current rents for unsubsidized units; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Any planned or projected rent increases for the unsubsidized units for 3 years following the date of the protected action;</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>Financial statements:</text>
      <paragraph num="(1)">
        <text>For projects encumbered by a federally assisted mortgage, copies of financial statements submitted to HUD or the United States Department of Agriculture or the Department; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>For projects receiving project based assistance, audited financial statements, if available, or instead of these, compiled financial statements or certified copies of federal income tax returns;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>All financial statements or federal income tax returns shall be for the 3 fiscal years immediately preceding the date of the notice of intent;</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>A statement under penalty of perjury certifying that the owner has not taken any of the following actions, or any other action before the date of the notice of intent to avoid the owner’s obligations in conjunction with the protected action:</text>
      <paragraph num="(1)">
        <text>Termination without cause of the lease of any tenant occupying an assisted unit;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Alteration of any of the terms and conditions of executed leases of existing tenants;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Interference with any existing rights of tenants to occupy their units in the assisted project under existing leases or under any applicable federal, state, or local law;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Interference with the rights of applicants or eligible prospective tenants to obtain housing in the assisted project in accordance with federal admission preferences, and other applicable federal, state, or local law governing admissions to subsidized housing or the allocation of housing subsidies;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Interference with the efforts of individual tenants to obtain housing subsidies or other public assistance;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Discrimination in the leasing of units in the project based on source of income or receipt of housing subsidies provided by governmental or other sources; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>Any other supporting documentation required by the Director.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Form of Notice of Intent to Assisted Households.">
    <paragraph num="A.">
      <text>In addition to the notices of intent sent under Regulation .03 of this chapter, the owner shall send a notice of intent to each assisted household in accordance with §7-202(b) of the Act and this regulation.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The owner shall submit a proposed notice of intent, application for extended tenancy, and extended tenancy lease to the Director for comment and approval at least 15 days before delivery to the assisted households. The notices, applications and leases shall be in a form approved by the Department.</text>
    </paragraph>
    <paragraph num="C.">
      <text>The Director shall develop and make available to an owner on request, samples of a notice of intent, application for extended tenancy, and extended tenancy lease.</text>
    </paragraph>
    <paragraph num="D.">
      <text>The Director will review a notice of intent and other forms received from an owner to determine whether:</text>
      <paragraph num="(1)">
        <text>The notice of intent meets the requirements of the Act and these regulations;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The owner is permitted to take the protected action in accordance with these regulations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>The Director will complete the review and notify the owner of the results within 30 days of receipt of the notice.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Notices of Intent to Tenants — Delivery.">
    <paragraph num="A.">
      <text>The property owner shall send a notice of intent that complies with the requirements of Regulation .04 of this chapter to each assisted household by U.S. mail, postage prepaid.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Simultaneously with the notice of intent, the owner shall send applications for extended tenancy and extended tenant leases to all assisted households that qualify as designated households.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Within 5 days of sending the required notices and forms to the assisted households, the owner shall send the Department by certified mail, return receipt requested, an affidavit signed by the property owner or property manager certifying:</text>
      <paragraph num="(1)">
        <text>That the notice of intent complied with the requirements of the Act and these regulations; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The names and addresses of each assisted household to whom a notice of intent was sent.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Time Frames.">
    <text>The notice periods and corresponding lease extension periods may not commence until a notice of intent, which accurately and completely provides all the information required by the Act and these regulations, is served. If the notice of intent fails to provide all required information, it does not become effective until that information is provided.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">Housing and Community Development Article, §§7-101—7-501, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: April 18, 2011 (38:8 Md. R. 505)</annotation>
  </annotations>
</chapter>