<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 05.11.01.04" title_num="05" subtitle_num="11" chapter_num="01" heading="Eligible Grantees.">
  <paragraph num="A.">
    <text>Production Grants. Nonprofit organizations shall meet the following requirements to qualify for a production grant:</text>
    <paragraph num="(1)">
      <text>Have the legal capacity to enter into a grant agreement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Satisfy all legal requirements to operate in the State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Meet the performance standards of the Department, as follows:</text>
      <paragraph num="(a)">
        <text>Not have defaulted on a prior loan from the Department;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not be currently barred or suspended from any of the Department's programs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Not have previously received a production grant and failed to complete the project in a timely manner; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Satisfy one of the following criteria:</text>
      <paragraph num="(a)">
        <text>Have received a reservation or commitment of funds from the Department, or other source satisfactory to the Department, to finance the acquisition, construction, or rehabilitation of:</text>
        <paragraph num="(i)">
          <text>Rental housing of the type which is eligible for financing through the rental housing programs or special loan programs,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A group home which is eligible for financing through the Group Home Financing Program of the special loan programs, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Single family for-sale housing or an advance reservation of mortgage funds for income eligible households to purchase housing developed by the nonprofit organization which are eligible activities through the homeownership programs; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Assist a third party applicant by having provided:</text>
        <paragraph num="(i)">
          <text>Technical assistance in applying for a loan under the special loan programs to individuals who reside in a dwelling located in a noncertified jurisdiction, or providing lead paint testing or assessment services to homeowners and landlords who have applied for a loan through the Lead Hazard Reduction Grant and Loan Program which is one of the special loan programs, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Department's certification that the organization's efforts were responsible for originating the application and that the application was not processed by a local government certified as a local administrator by the special loan programs.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Capacity Building Grants. A nonprofit organization shall meet the following requirements to qualify for a capacity building grant:</text>
    <paragraph num="(1)">
      <text>Have the legal capacity to enter into the grant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Satisfy all legal requirements to operate in the State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Not have received a prior capacity building grant;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Except as set forth in §C of this regulation, not have participated, within the 2 years before making application for a capacity building grant, in any projects or activities financed by the housing programs for which it is applying to develop capacity; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Meet the performance standards of the Department, as follows:</text>
      <paragraph num="(a)">
        <text>Not have defaulted on a prior loan from the Department, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not be currently barred or suspended from any of the Department's programs.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A nonprofit organization may be eligible for a capacity building grant if the nonprofit organization has undertaken projects or activities with a housing program within the 2 years before making application for a capacity building grant for the same program, but has insufficient experience and expertise to undertake additional housing development, as determined in the sole discretion of the Department, based on:</text>
    <paragraph num="(1)">
      <text>The frequency, scope, size, and complexity of the prior activity or project;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The staffing, resources, and expertise of the nonprofit organization; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Other factors considered relevant by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Joint Applications. Two or more nonprofit organizations may apply jointly for a capacity building grant provided each applicant qualifies as an eligible grantee. For example, a nonprofit organization with experience developing rental housing and a nonprofit organization with experience developing homeownership housing may apply jointly for a capacity building grant to increase the capacity of the former nonprofit organization to undertake homeownership development and the latter to undertake rental housing development.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Nonprofit Status. Nonprofit organizations which are affiliated with or controlled by a for-profit organization shall not be eligible for operating assistance grants.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Technical Assistance Grants. A nonprofit organization, local development agency, local government, or local development corporation shall meet the following requirements to qualify for a technical assistance grant:</text>
    <paragraph num="(1)">
      <text>Have the legal capacity to enter into the grant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Satisfy all legal requirements to operate in the State; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Meet the performance standards of the Department, as follows:</text>
      <paragraph num="(a)">
        <text>Not have defaulted on a prior loan from the Department, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not be currently barred or suspended from any of the Department's programs.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>