Plain Text Law

Title 18 — Subtitle 18. Homeowner Protection Program

Chapter 01. General

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Affidavit” means a sworn statement in writing on a form furnished by the Department and containing an oath or affirmation set forth in Maryland Rule 1-304, Annotated Code of Maryland.
(2)
“Applicant” means a person applying for enrollment in the Homeowner Protection Program as defined in Tax-Property Article, §14-883, Annotated Code of Maryland.
(3)
“Combined income” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(4)
“Dependent” has the meaning stated in 26 U.S.C.A. §152, United States Annotated Code.
(5)
“Dwelling” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(6)
“Enrollee” means an applicant enrolled in the Homeowner Protection Program.
(7)
“Homeowner” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(8)
“Ombudsman” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(9)
“Program” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.
(10)
“Total outstanding tax debt” means the full amount of any property tax lien, any amount paid to the holder of a property tax sale certificate, or any other charge paid by the Department on behalf of a Program enrollee under Tax-Property Article, §14-801, Annotated Code of Maryland, including any interest as determined by the Department.

Regulation .02 Application Procedures.Copy Citation

A.
The Department has established procedures to apply for the Program.
B.
Application Procedures.
(1)
An applicant shall report the combined income corresponding to the dwelling for which application is made.
(2)
An applicant may be required to submit copies of corresponding federal income tax returns and accompanying schedules and forms, along with other proof of combined income, as requested by the Ombudsman.
(3)
An applicant having a substantial ownership interest in a business or partnership shall submit a complete copy of the federal tax return filed for that business or partnership.
(4)
An applicant may be requested to complete an affidavit to substantiate any information reported on the application.
(5)
An applicant seeking to exclude the income of a spouse on the basis of a marital separation shall submit a legal separation agreement or, if none exists, an affidavit stating the date of separation and whether their estranged spouse is likely to return to the dwelling house.
(6)
An applicant claiming a person is a dependent who does not file a federal income tax return shall submit verification of the dependency status to the Ombudsman in an affidavit.
(7)
An applicant failing or refusing to submit any information requested by the Ombudsman shall be denied enrollment for failure to substantiate the information reported.
C.
The Department may establish application procedures in addition to those set forth above if not inconsistent with these regulations.

Regulation .03 Additional Eligibility Criteria.Copy Citation

A.
The Department has established additional eligibility criteria for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.
B.
Additional Eligibility Criteria.
(1)
Enrollment From Every County. The maximum number of homeowners who may be enrolled in the Program in a given fiscal year will be proportionately divided among the 23 counties and Baltimore City based on the percentage of Statewide property tax sales occurring within each jurisdiction, as determined by the Ombudsman.
(2)
Limit on Total Outstanding Tax Debt. To ensure that homeowners are enrolled in the Program who reside in each jurisdiction in a given fiscal year, the Ombudsman may set a maximum amount of total outstanding tax debt that the Department will incur on behalf of any one dwelling.
(3)
Affordability Requirement. The total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, may not exceed an amount that may reasonably be expected to be repaid by the enrollee within a three-year period. Consideration will be given to the homeowner’s income, expenses other than total outstanding tax debt, and the likelihood of receiving tax credits, grants, and other benefits.
(4)
Long-term homeowner enrollment preference. Applications from homeowners whose dwelling has been their principal residence for at least 10 years as of the date of application will be given enrollment preference over other applicants from the same jurisdiction.

Regulation .04 Priorities.Copy Citation

A.
The Department has established enrollment priorities for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.
B.
Enrollment Priorities.
(1)
Priority for Applicants Age 60 and Over. Applications from homeowners who are at least 60 years of age as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are under 60.
(2)
Priority for Applicants on Disability. Applications from homeowners who are receiving disability benefits from the federal Social Security Disability Insurance program or the federal Supplemental Security Income program as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are not receiving such benefits.

Regulation .05 Maintaining Enrollment.Copy Citation

A.
The Department has established requirements to maintain enrollment in the Program.
B.
Maintaining Enrollment.
(1)
Regular Communication. An enrollee shall respond to communications from the Ombudsman within a reasonable time period as required by the Department. If an enrollee’s contact information changes, the updated contact information must be shared seasonably with the Ombudsman.
(2)
Assistance Agreement. An enrollee must follow any assistance plan created for them by the Ombudsman. The assistance plan may include an obligation to:
(a)
Apply for tax credits, grants, or other public benefits as recommended by the Ombudsman;
(b)
Meet with housing and financial counselors and legal service providers; and
(c)
Take advantage of other assistance strategies recommended by the Ombudsman to help an enrollee pay their total outstanding tax debt and improve their financial situation.
(3)
Financial Information. When requested by the Ombudsman, an enrollee shall provide detailed and complete information about their financial situation to aid in developing an appropriate assistance strategy. An enrollee shall immediately report to the Ombudsman any significant changes to their financial circumstances as they occur.
(4)
Repayment Requirement. For any total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, the enrollee shall repay the Department in monthly installments based on a plan agreed upon during the enrollment process.

Regulation .06 Collection ProceduresCopy Citation

A.
The Ombudsman may charge less interest under Tax-Property Article, §14-889, Annotated Code of Maryland, to enrollees who repay the Department using automatic electronic payments.
B.
The total outstanding tax debt owed by an enrollee to the Department will be recorded in land records as a lien attached to the enrollee’s dwelling until it is repaid.