<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".17" citation="COMAR 05.12.01.17" title_num="05" subtitle_num="12" chapter_num="01" heading="Affordable Homeownership Requirements.">
  <paragraph num="A.">
    <text>General. In order to qualify for HOME funds, a homeownership project shall meet the requirements of §D of this regulation and either §B or C of this regulation, as applicable.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Acquisition of a House.</text>
    <paragraph num="(1)">
      <text>A single family house or one-to-four family residence, the purchase of which is to be assisted with HOME funds, shall meet the criteria set forth in §§B(2)—B-1 of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The purchase price of a single family home or one-to-four family residence may not exceed the lesser of:</text>
      <paragraph num="(a)">
        <text>The upper house prices set by the Secretary for the Maryland Mortgage Program from time to time; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>95 percent of the median purchase price for the type of house in the State, as determined by HUD.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The estimated appraised value at acquisition or after any repairs required to meet the standards of Regulation .14 of this chapter may not exceed the limit described in §B(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The house is expected to be the principal residence of an income eligible household at the time of purchase.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B-1.">
    <text>Resale of Houses.</text>
    <paragraph num="(1)">
      <text>The calculations as stated in §B-1(2)—(6) of this regulation shall be used to determine the amount of HOME funds due, if any, upon the sale of a house assisted with HOME funds.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall determine initially whether the loan of HOME funds has been forgiven because the homeowner has owned and occupied the house for a required minimum period of 5, 10, or 15 years in accordance with Regulation .17D(2) of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the Department has not forgiven the loan, then the calculations as stated in §B-1(4)—(6) of this regulation shall be used to determine the amount of HOME funds due.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Repay HOME Loan.</text>
      <paragraph num="(a)">
        <text>The HOME loan shall be repaid in full out of net proceeds from the sale of the house if the net proceeds are greater than or equal to the sum of:</text>
        <paragraph num="(i)">
          <text>The original principal amount of the HOME loan made to a homeowner; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The homeowner payments as defined in §B-1(7) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Net proceeds” means the proceeds from the sale of the house less the unpaid principal balance of any superior and subordinate nongovernmental or private loans to the HOME loan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Forgive HOME Loan.</text>
      <paragraph num="(a)">
        <text>The Department shall forgive a portion of the HOME loan if the net proceeds are less than the sum of:</text>
        <paragraph num="(i)">
          <text>The original principal amount of the HOME loan made to a homeowner; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The homeowner payments as defined in §B-1(7) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The portion of the HOME loan to be forgiven shall equal the original principal amount of the HOME loan made to the homeowner multiplied by the number of years the homeowner owned and occupied the house multiplied by the applicable fraction based on the following chart:</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The amount of the HOME loan to be forgiven may not exceed the original principal amount of the HOME loan.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>For purposes of §B-1(4) and (5) of this regulation, “homeowner payments” means, with respect to loans made with HOME funds to home buyers, the:</text>
      <paragraph num="(a)">
        <text>Amount of the down payment made by the homeowner on the house;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Amount of any payments or prepayments of principal on any loan secured by the property; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Cost of all capital improvements to the house made by the homeowner.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Rehabilitation of Existing Houses.</text>
    <paragraph num="(1)">
      <text>An existing house, the rehabilitation of which is to be assisted with HOME funds, shall meet the criteria of this section.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The value of the currently owned single family house or one-to-four family residence after rehabilitation may not exceed  95 percent of the median purchase price for the type of house in the State as determined by HUD.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The house shall be the principal residence of an owner whose family is an income eligible household at the time HOME funds are committed.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Income Eligibility.</text>
      <paragraph num="(a)">
        <text>In determining whether a household is an income eligible household for the purposes of this section, the Department shall use its best efforts to require that the household meets the State requirement of 55 percent of State median income as identified in Regulation .03B(16)(a) of this chapter.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notwithstanding §C(4)(a) of this regulation, if, in the determination of the Program, the financial viability of a homeownership project or activity so requires, a household may meet the federal requirement of 80 percent of area median income as identified in Regulation .03B(16)(b) of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Loan Terms.</text>
    <paragraph num="(1)">
      <text>In addition to other forms of HOME assistance authorized under Regulation .10A of this chapter, repayment of HOME funds lent in connection with a homeownership project may be secured by a subordinated mortgage or deed of trust.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A loan of HOME funds made to assist a home buyer may be forgiven by the Department, after a minimum period of 5, 10, or 15 years, if the homeowner owns and occupies the house for:</text>
      <paragraph num="(a)">
        <text>5 years if the HOME loan is under $15,000;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>10 years if the HOME loan is $15,000 to $40,000; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>15 years if the HOME loan is over $40,000.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>