Sec. 05.04.05.04. Eligible Borrowers

A. Owner-occupants shall meet the following requirements which shall be met jointly and separately by all applicants if there is more than one applicant:

(1) Be a family of limited income;

(2) Reside, or intend to reside, in the building;

(3) Hold title to the building for which the loan is made in fee simple or under a freely transferable ground rent lease;

(4) Demonstrate repayment ability, in the estimation of the Department; and

(5) Have income at a level that the Secretary has determined renders the applicant unable to afford or secure private financing to rehabilitate the property.

B. Owner-landlords shall meet the following requirements, which shall be met jointly and separately if there is more than one applicant:

(1) If a business entity, be in good standing and qualified to do business in Maryland;

(2) Hold title to the building in fee simple or under a freely transferable ground rent lease;

(3) Have the legal capacity, and all necessary legal and corporate authorizations, to incur the obligations of the loan;

(4) Demonstrate credit worthiness and repayment ability in the estimation of the Department;

(5) In the estimation of the Department, be unable to afford or secure a loan from a private lending institution to finance the improvements;

(6) Agree in writing that all of the dwelling units improved with the loan proceeds shall be occupied by and rented to either:

(a) Families of limited income until the later of the following, after completion of the improvements:

(i) The end of the loan term;

(ii) The date on which all principal and interest and other sums due on the loan are fully paid;

(iii) 15 years; or

(iv) Such longer period as the Department or the local administrator may require; or

(b) Families of lower income until the later of the following, after completion of the improvements:

(i) The end of the loan term;

(ii) The date on which all principal and interest and other sums due on the loan are fully paid;

(iii) 15 years; or

(iv) Such longer period as the Department or the local administrator may require;

(7) If the number of units improved with the loan proceeds is less than 2/3 of the total number of units, agree in writing to rent at least 2/3 of all units in the building to families of limited income;

(8) Agree to abide by all requirements of Titles VI and VII of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968;

(9) Agree to abide by the provisions of the Governor's Code of Fair Practices, COMAR 01.01.1987.20 and COMAR 01.01.1988.05;

(10) Agree to abide by any regulations promulgated by the Department implementing the Governor's Executive Order 01.01.1989.18 requiring recipients of State funds to maintain a workplace free of any drug and alcohol abuse;

(11) Provide satisfactory assurances to the Department that in the 12 months preceding application for a Program loan, the borrower did not cause a residential tenant to leave the building except upon good cause; and

(12) Agree in writing to assist with relocation of tenants to the extent required by the Department.

C. Both owner-occupants and owner-landlords shall submit to the Department a proposal for the installation of the proposed improvements which complies with the requirements of MDE and other governmental entities with jurisdiction.

D. An applicant who is suspended or debarred from the Department's programs pursuant to any action under COMAR 05.01.05 is not eligible to participate in the Program.

E. If title to the property to be rehabilitated is held by more than one person in any form of joint tenancy, each person having an interest in the property is considered to be an applicant for purposes of these regulations.

F. For the purposes of determining annual income, only the income of persons who permanently reside in the unit shall be used.