1. A. Land and Improvements.

   1. (1) Land and improvements comprising a project shall meet the following minimum requirements:

      1. (a) Be located within the State;
      2. (b) When the project is complete, be in compliance with zoning requirements and applicable codes and standards;
      3. (c) Be owned by the Department or a sponsor in fee simple or a leasehold estate, with title acceptable to the Department;
      4. (d) If the project is contained within a larger undertaking, provide equal access to tenants of the project to any amenities and common areas within the larger undertaking;

      5. (e) Provide:

         1. (i) Five or more traditional rental housing units;
         2. (ii) Two or more units in a shared living unit facility; or
         3. (iii) Emergency or temporary shelter to multiple persons.
   2. (2) Land and improvements comprising a project may be a scattered site development.

2. B. A project is eligible only if:

   1. (1) The Department has complied with COMAR 05.01.06.06; and
   2. (2) The Secretary has issued the written determination required under COMAR 05.01.06.07.

3. C. Loans for office and commercial space conversion projects shall meet the requirements of §§A and B of this regulation and the following additional requirements:

   1. (1) The sponsor shall have a commitment of funds for the project from private, local, or federal sources so that upon receipt of financial assistance from the Program there will be adequate funding to assure completion of the project;
   2. (2) Sufficient funds to complete the project would not be available to the sponsor without the financial assistance from the Program;
   3. (3) The financial assistance requested from the Program is the least amount of money necessary to complete the project as determined by the Department;
   4. (4) The project shall be ready to proceed upon receipt of financial assistance from the Program;
   5. (5) The project will provide substantial economic development to a sustainable community as defined in Housing and Community Development Article, §§6-301(b) and 6-305, Annotated Code of Maryland; and
   6. (6) The amount of the loan does not exceed the maximum loan amount in Regulation .14C of this chapter.
4. D. An income-restricted project may include structures suitable for use by households of limited income residing in the project or in surrounding communities such as cafeterias or dining halls, community rooms or buildings, and workshops or other essential services facilities.

5. E. A project may not be:

   1. (1) A nursing home;
   2. (2) A hospital;
   3. (3) A sanitarium;
   4. (4) A life care facility;
   5. (5) A retirement home providing significant services other than housing unless licensed under Maryland law as an assisted living facility;
   6. (6) A dormitory;
   7. (7) Housing solely for members of a social organization, such as a fraternity or sorority house;
   8. (8) Housing provided by an employer solely for its employees; or
   9. (9) A trailer park.
6. F. The project shall meet all threshold criteria under Regulation .22 of this chapter.

Authority: Housing and Community Development Article, §§4-401—4-411, Annotated Code of Maryland

Effective date: November 19, 1984 (11:23 Md. R. 1991)

Chapter recodified from COMAR 05.01.17 to COMAR 05.05.01

Regulations .01—.13 repealed and new Regulations .01—.29 adopted effective March 4, 1991 (18:4 Md. R. 446)

Regulation .06 amended effective January 2, 1994 (20:25 Md. R. 1942); April 5, 1999 (26:7 Md. R. 538); January 21, 2002 (29:1 Md. R. 20)

Regulation .09E amended effective January 2, 1994 (20:25 Md. R. 1942)

Regulation .10 repealed and Regulation .11 amended and recodified to Regulation .10 as an emergency provision effective August 24, 1995 (22:19 Md. R. 1456); emergency status extended at 23:7 Md. R. 547)

Regulation .10 repealed effective August 26, 1996 (23:17 Md. R. 1246)

Regulation .11 amended effective August 26, 1996 (23:17 Md. R. 1246)

Regulation .16C amended effective May 31, 1999 (26:11 Md. R. 853)

Regulation .18D amended effective November 7, 1994 (21:22 Md. R. 1873)

Regulation .20 amended effective August 26, 1996 (23:17 Md. R. 1246)

Regulations .01—.23 Rental Housing Program repealed and new Regulations .01—.32 Multifamily Rental Financing Program adopted effective March 13, 2006 (33:5 Md. R. 518)

Regulation .15B amended effective April 19, 2010 (37:8 Md. R. 614)

Regulations .01—.32 Multifamily Rental Financing Program repealed and new Regulations .01—.34 Rental Housing Program adopted effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .13 amended effective October 8, 2018 (45:20 Md. R. 917)