Md. Code Regs. 05.10.01.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.10.01.02 - Definitions

A. In this chapter, the following terms shall have the meanings indicated and as defined in the Act.

B. Terms Defined.

(1) "Act" means the Assisted Housing Preservation Act, Housing and Community Development Article, §§ 7101 "7501, Annotated Code of Maryland.

(2) "Department" means the Department of Housing and Community Development.

(3) "Designated households" means the portion of assisted households described in § 7213 of the Act.

(4) "Designated household assistance" means the 3year lease extensions and other special assistance available to certain designated households in accordance with §§ 7214 "7219 of the Act.

(5) "Developer" means any individual, partnership, corporation, or other legal entity with experience in the ownership or operation of low-income housing developments.

(6) "Director" means the Director of the Division of Credit Assurance of the Department.

(7) "Federally-assisted mortgage" means a mortgage securing a loan made, insured, or receiving assistance or subsidies under the federal assistance programs described under §7-102(a)(1) of the Act, or held by HUD and formerly assisted under these federal programs.

(8) "HUD" means the United States Department of Housing and Urban Development.

(9) "Individual with disability" means a person within the definition of "person with disabilities" in § 3(b)(3)(E) of the United States Housing Act of 1937, 42 U.S.C. §§ 1437a(b)(3)(E), which is incorporated herein by reference.

(10) "Material violation of a lease" means a violation of the lease for which the landlord has repossessed the unit by execution of a warrant of restitution:

(a) In an action under Real Property Article, § 8-401, Annotated Code of Maryland, for failure to pay rent; or

(b) Following a final judicial determination under Real Property Article, § 8-402.1, Annotated Code of Maryland, finding a substantial violation of the lease, violation of obligations under state or local landlord-tenant law, or other good cause warranting an eviction.

(11) "Minor" means a person younger than 18 years old on the date that a notice of intent is given, including unborn children of a member of an assisted household.

(12) "Nonprofit developer" means any developer that is exempt from taxation under § 501(a) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(a), or the corresponding provision of any succeeding internal revenue law.

(13) "Public housing authority" means any housing authority authorized under the Housing Authorities Law, Housing and Community Development Article, Division II, Annotated Code of Maryland.

(14) "Reasonable relocation expenses" means the costs incurred by an assisted tenant who vacates an assisted unit under a protected action including costs to:

(a) Transport personal property;

(b) Pack and unpack personal property;

(c) Disconnect and reconnect utilities;

(d) Disconnect and install personal property;

(e) Insure personal property to be moved;

(f) File rental application; and

(g) Obtain new rental housing, including security deposits.

(15) "Secretary" means the Secretary of Housing and Community Development.

(16) "Section 8 agreement" means any contract or agreement providing for project-based rental assistance under § 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.

(17) "Senior citizen" means a person who is 62 years old or older on the date that a notice of intent is given.

(18) "Tenant association" means a group of tenants who reside in an assisted project organized for the purpose of protecting or advocating the rights of tenants in the project.

Md. Code Regs. 05.10.01.02