Sec. 05.04.10.05. Eligible Properties

A. All properties for which a borrower receives a loan under the program shall meet the following requirements:

(1) The property shall be located in Maryland;

(2) The property shall be a permanent structure used primarily for year-round residential use;

(3) The property shall need property improvements or shall benefit from energy conservation measures in order to improve its habitability, livability, and energy efficiency;

(4) The property shall be owned by an eligible borrower who shall provide assurance of title or evidence of ownership acceptable to the program; and

(5) In the case of a multifamily property containing two to four dwelling units, one unit of which is occupied by the owner, all units shall have been used exclusively for residential purposes at least 5 years before the execution of the loan.

B. Condominiums and cooperatives may be eligible if the requirements of §A of this regulation are met.

C. Improvements to a multifamily property, except an owner-occupied multifamily property of two to four units, may not be financed by a loan unless the improvements to the property comply with the notice, public hearing, and public approval requirements of §103 of the Code.

D. Improvements to multifamily properties may not be financed by loans unless the:

(1) Secretary has issued a determination that the improvements constitute a community development project within the meaning of the Act.

(2) Administration has received a certified copy of an approving ordinance or resolution duly adopted by the legislative body of the municipal corporation or county, or Board of Estimates in Baltimore City, in which the properties are located, and approving the making of loans under the program. The chief executive officer of the municipal corporation or county, except when the officer is a member of the legislative body, shall approve the ordinance or resolution.