As used in this chapter:

1. (1) the payment by the United States or any duly authorized agency of the United States of assistance payments, interest payments, or mortgage reduction payments with respect to such loan; or

2. (2) the provision of insurance, guaranty, security, collateral, subsidies, or other forms of assistance or aid acceptable to the authority for the making, holding, or selling of a loan from the United States, any duly authorized agency of the United States, or any entity or corporation acceptable to the authority, other than the sponsor.

   "Authority" means the Indiana housing and community development authority created by section 3 of this chapter.

   "Bonds" or "notes" means the bonds or notes authorized to be issued by the authority under this chapter.

   "Community based residential programs" refers to programs developed by the division of mental health and addiction under IC 12-22-2-3.5 .

   "Development costs" means the costs approved by the authority as appropriate expenditures and credits which may be incurred by sponsors, builders, and developers of residential housing prior to commitment and initial advance of the proceeds of a construction loan or of a mortgage, including but not limited to:

3. (1) payments for options to purchase properties on the proposed residential housing site, deposits on contracts of purchase, or, with prior approval of the authority, payments for the purchase of such properties;
4. (2) legal, organizational, and marketing expenses, including payments of attorney's fees, project manager, clerical, and other incidental expenses;
5. (3) payment of fees for preliminary feasibility studies and advances for planning, engineering, and architectural work;
6. (4) expenses for surveys as to need and market analyses;
7. (5) necessary application and other fees;
8. (6) credits allowed by the authority to recognize the value of service provided at no cost by the sponsors, builders, or developers; and

9. (7) such other expenses as the authority deems appropriate for the purposes of this chapter.

   "Governmental agency" means any department, division, public agency, political subdivision, or other public instrumentality of the state of Indiana, the federal government, any other state or public agency, or any two (2) or more thereof.

   "Construction loan" means a loan to provide interim financing for the acquisition or construction of single family residential housing, including land development.

   "Mortgage" or "mortgage loan" means a loan to provide permanent financing for:

10. (1) the rehabilitation, acquisition, or construction of single family residential housing, including land development; or

11. (2) the weatherization of single family residences.

    "Mortgage lender" means a bank, trust company, savings bank, savings association, credit union, national banking association, federal savings association or federal credit union maintaining an office in this state, a public utility (as defined in IC 8-1-2-1 ), a gas utility system organized under IC 8-1-11.1 , an insurance company authorized to do business in this state, or any mortgage banking firm or mortgagee authorized to do business in this state and approved by either the authority or the Department of Housing and Urban Development.

    "Land development" means the process of acquiring land primarily for residential housing construction for persons and families of low and moderate income and making, installing, or constructing nonresidential housing improvements, including water, sewer, and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or works, whether on or off the site, which the authority deems necessary or desirable to prepare such land primarily for residential housing construction.

    "Obligations" means any bonds or notes authorized to be issued by the authority under this chapter.

    "Persons and families of low and moderate income" means persons and families of insufficient personal or family income to afford adequate housing as determined by the standards established by the authority, and in determining such standards the authority shall take into account the following:

12. (1) The amount of total income of such persons and families available for housing needs.
13. (2) The size of the family.
14. (3) The cost and condition of housing facilities available in the different geographic areas of the state.

15. (4) The ability of such persons and families to compete successfully in the private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing.

    The standards shall, however, comply with the applicable limitations of section 4(b) of this chapter.

    "Residential facility for children" means a facility:

16. (1) that provides residential services to individuals who are:

    1. (A) under twenty-one (21) years of age; and
    2. (B) adjudicated to be children in need of services under IC 31-34 (or IC 31-6-4 before its repeal) or delinquent children under IC 31-37 (or IC 31-6-4 before its repeal); and

17. (2) that is:

    1. (A) a child caring institution that is or will be licensed under IC 31-27 ;
    2. (B) a residential facility that is or will be licensed under IC 12-28-5 ; or

    3. (C) a facility that is or will be certified by the division of mental health and addiction under IC 12-23 .

       "Residential facility for persons with a developmental disability" means a facility that is approved for use in a community residential program for the developmentally disabled under IC 12-11-1.1 .

       "Residential housing" means a specific work or improvement undertaken primarily to provide single or multiple family housing for rental or sale to persons and families of low and moderate income, including the acquisition, construction, or rehabilitation of lands, buildings, and improvements to the housing, and such other nonhousing facilities as may be incidental or appurtenant to the housing.

       "Sponsors", "builders", or "developers" means corporations, associations, partnerships, limited liability companies, or other entities and consumer housing cooperatives organized pursuant to law for the primary purpose of providing housing to low and moderate income persons and families.

       "State" means the state of Indiana.

       "Tenant programs and services" means services and activities for persons and families living in residential housing, including the following:

    4. (1) Counseling on household management, housekeeping, budgeting, and money management.
    5. (2) Child care and similar matters.
    6. (3) Access to available community services related to job training and placement, education, health, welfare, and other community services.
    7. (4) Guard and other matters related to the physical security of the housing residents.
    8. (5) Effective management-tenant relations, including tenant participation in all aspects of housing administration, management, and maintenance.
    9. (6) Physical improvements of the housing, including buildings, recreational and community facilities, safety measures, and removal of code violations.
    10. (7) Advisory services for tenants in the creation of tenant organizations which will assume a meaningful and responsible role in the planning and carrying out of housing affairs.

    11. (8) Procedures whereby tenants, either individually or in a group, may be given a hearing on questions relating to management policies and practices either in general or in relation to an individual or family.

        As added by Acts 1978, P.L.28, SEC.1. Amended by P.L.60-1983, SEC.1; P.L.39-1984, SEC.1; P.L.40-1984, SEC.1; P.L.28-1985, SEC.3; P.L.2-1992, SEC.54; P.L.81-1992, SEC.3; P.L.1-1993, SEC.26; P.L.8-1993, SEC.72; P.L.61-1993, SEC.1; P.L.62-1993, SEC.1; P.L.1-1994, SEC.22; P.L.1-1997, SEC.36; P.L.79-1998, SEC.10; P.L.272-1999, SEC.4; P.L.215-2001, SEC.8; P.L.1-2006, SEC.105; P.L.145-2006, SEC.11; P.L.181-2006, SEC.17; P.L.99-2007, SEC.19; P.L.143-2011, SEC.1.

"Assisted" means, with respect to a loan: