Sec. 05.04.08.08. Loan Terms and Requirements-----Deferred Loans

A. In addition to the conditions and requirements of Regulation .07 of this chapter, deferred loans shall meet the following additional requirements in B-----E of this regulation.

B. Eligibility. The following borrowers may be eligible for loans which defer payment of principal or interest or both:

(1) An owner-occupant who is a family of very low income and whose accessory housing unit tenant is a family of very low income;

(2) An owner-occupant who is a family of very low income and whose shared housing facility tenant or tenants are families of very low income; and

(3) Sheltered housing sponsors of properties occupied entirely by tenants who are families of very low income.

C. Amount of Deferred Payments. The Department may defer payments of principal or interest or both principal and interest to the minimum extent required based on the borrower's capacity to repay.

D. Repayment.

(1) The loan documents shall provide for repayment of deferred amounts:

(a) At the maturity date or at any earlier date established by the Department or the local administrator; or

(b) Upon any sale or other transfer of the property or any interest in the property other than a residential lease of:

(i) The owner-occupied unit for less than 3 years duration, or

(ii) Any other portion of the property.

(2) The Department may, but need not, charge interest on the deferred interest.

E. Limitations.

(1) The Department, from time to time, may establish limitations on percentage or amount of funding which may be used for deferred loans.

(2) Deferred loans in amounts greater than $25,000 may not exceed an amount which, when added to any prior debts secured by or relating to the eligible building or property, or both, would equal 85 percent of the market value of the eligible building and property after rehabilitation as determined by the Department.