<?xml version='1.0' encoding='utf-8'?>
<chapter num="04" heading="Owner's Offer of Right of First Purchase" title_num="05" subtitle_num="10">
  <regulation prefix="Regulation" num=".01" heading="Registration.">
    <paragraph num="A.">
      <text>The following entities may register with the Secretary at any time, including after a notice of intent and owner’s offer of right of first purchase have been sent to the Secretary, to receive owners’ offers of first purchase by sending a written request to the Secretary:</text>
      <paragraph num="(1)">
        <text>Any legally organized tenant association or other group representing any of the tenants at any assisted project;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Any nonprofit developer; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Any other developer unrelated to the owner and experienced in the ownership or operation of low income housing projects.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>On receipt of an owner’s offer of right of first purchase, the Director shall provide the owner with a list of all entities registered under this regulation.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Not later than 10 days after the owner receives the list of entities registered to receive a copy of the offer, the owner shall send by certified mail, return receipt requested, the owner’s offer to any person or entity on the registration list.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Acceptance of Owner’s Offer of Right of First Purchase.">
    <paragraph num="A.">
      <text>The acceptance of an owner’s offer of a right of first purchase is governed by §§7-204—7-211 of the Act and this regulation.</text>
    </paragraph>
    <paragraph num="B.">
      <text>In determining which party’s acceptance will most benefit the assisted households, the Secretary shall consider the following factors as applicable to each prospective purchaser:</text>
      <paragraph num="(1)">
        <text>The duration of the low income rental restrictions for the project following the purchase;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The number of units to receive or continue to receive, project-based rental assistance or other subsidies, under the prospective purchaser’s ownership of the project;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Projected tenant rents for a period of at least 5 years under the prospective purchaser’s ownership;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Tenant ownership and operation or ownership and operation by a nonprofit developer, local government, or local housing authority;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>The experience and expertise of the purchasers in the ownership and operation of low income residential rental property;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>The economic feasibility of the project following purchase;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>The type, nature, and extent of any proposed physical improvements to the project;</text>
      </paragraph>
      <paragraph num="(8)">
        <text>The extent of any tenant services proposed by the prospective purchaser;</text>
      </paragraph>
      <paragraph num="(9)">
        <text>The extent to which the proposed ownership would minimize financial hardship and displacement to the tenants; or</text>
      </paragraph>
      <paragraph num="(10)">
        <text>Any other relevant factor, including the preferences of the tenants, as determined by the Secretary.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Withdrawal of an Acceptance.">
    <paragraph num="A.">
      <text>The original party which accepts or is authorized to accept an offer of the right of first purchase by the Secretary may withdraw its acceptance by a written notice to the owner, with a copy to the Department.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The party withdrawing its acceptance will forfeit the first $10,000 of its deposit, unless any remaining party submits an acceptance of the owner’s offer.</text>
    </paragraph>
    <paragraph num="C.">
      <text>In the event of a withdrawal, the owner, within 3 days of receipt of the notice of withdrawal shall notify in writing:</text>
      <paragraph num="(1)">
        <text>All other parties who received a notice of a right of first purchase;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>All parties who submitted an acceptance; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>The withdrawal notice shall specify the terms of the owner’s offer and the rights of the parties receiving notice to submit an acceptance in accordance with the timeframes in the Act.</text>
    </paragraph>
  </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>