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Statutes Text

Article - Housing and Community Development




§4–201.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Business project” means a project that qualifies under § 4–223 of this subtitle.

    (c)    “Commercial building” means any building that:

        (1)    is used primarily to carry on a business whether or not for profit;

        (2)    is not a residential building; and

        (3)    is not used primarily to manufacture or produce raw materials, products, or agricultural commodities.

    (d)    “Commercial energy audit” means:

        (1)    an energy audit performed for purposes of Title VII of the National Energy Conservation Policy Act, 42 U.S.C. §§ 6201 through 6422; or

        (2)    an onsite inspection of a commercial building that includes a determination of, and provides information on:

            (i)    the type, quantity, and rate of energy consumption of the building;

            (ii)    the maintenance and operation procedures to reduce the energy consumption of the building; and

            (iii)    the cost of implementing an appropriate energy conservation project, a solar energy project, or both, and the savings in energy costs likely to result from the project.

    (e)    “Community development project” means a project that qualifies under § 4–217 of this subtitle.

    (f)    (1)    “Development costs” means the costs that the Department considers reasonable and necessary to carry out:

            (i)    a community development project;

            (ii)    an energy conservation project;

            (iii)    a home improvement project;

            (iv)    an infrastructure project;

            (v)    a public purpose project;

            (vi)    a solar energy project;

            (vii)    a special housing facility; or

            (viii)    a business project.

        (2)    “Development costs” includes:

            (i)    the costs of:

                1.    studies, surveys, plans and specifications, and architectural, engineering, or other special services;

                2.    acquisition of land and any buildings on the land;

                3.    site preparation and development, construction, reconstruction, rehabilitation, and improvement; and

                4.    acquisition of machinery, equipment, and furnishings;

            (ii)    expenses incurred in connection with initial occupancy or operation of the project;

            (iii)    an allocable portion of the administrative and operating expenses of the Department;

            (iv)    the cost of financing the project, including interest on bonds and notes issued to finance the project from the date issued to the date the Department determines that the project is substantially occupied or substantially in operation;

            (v)    the cost of other items, including indemnity and surety bonds, premiums on insurance, fees, relocation costs, and charges and expenses of trustees, depositories, and paying agents for bonds and notes issued; and

            (vi)    operating and expansion costs for business projects.

    (g)    “Director” means the Director of the Administration.

    (h)    “Energy conservation project” means a project that qualifies under § 4–218 of this subtitle.

    (i)    “Family of limited income” means a family or individual whose income does not exceed the upper income limits established by the Secretary under § 4–212 of this subtitle.

    (j)    “Home improvement project” means a project that qualifies under § 4–219 of this subtitle.

    (k)    “Infrastructure project” means a project that qualifies under § 4–220 of this subtitle.

    (l)    “Limited dividend corporation” means a corporation that:

        (1)    qualifies as a limited dividend corporation under the Moderate–Income Rental Program of the National Housing Act, Title 12, Chapter 13 of the United States Code; and

        (2)    is operated only to further a community development project.

    (m)    “Local development agency” means the governmental unit of a political subdivision that the chief executive officer of the political subdivision designates to carry out community development under this subtitle.

    (n)    “Local development entity” means a corporation or foundation, no part of the net earnings of which inures to the benefit of a private shareholder or individual, that is organized and operated primarily to foster, encourage, and assist community development in the State.

    (o)    “Local obligation” means a bond, note, or other obligation of a political subdivision or a governmental unit of a political subdivision.

    (p)    “Public purpose project” means a project that qualifies under § 4–221 of this subtitle.

    (q)    “Residential building” means a single family or multifamily structure that is used primarily for human dwelling and that has a system for heating, cooling, or both.

    (r)    “Residential energy audit” means:

        (1)    an inspection or energy audit of a residential building or a dwelling unit in a residential building performed for purposes of Title II or Title VII of the National Energy Conservation Policy Act, Title 42, Chapter 91 of the United States Code; or

        (2)    an onsite inspection of a residential building or a dwelling unit in a residential building that includes a determination of and provides information on:

            (i)    the type, quantity, and rate of energy consumption of the building or dwelling unit;

            (ii)    maintenance and operating procedures to reduce the energy consumption of the residential building or dwelling unit; and

            (iii)    the cost of implementing an appropriate energy conservation project, solar energy project, or both, and the savings in energy costs that are likely to result from the project.

    (s)    “Residential mortgage loan” means a loan, including a temporary loan or advance, that is secured by a mortgage of real property in the State that is:

        (1)    improved by a residential building; or

        (2)    unimproved, if the loan proceeds are to be used to construct a residential building.

    (t)    “Solar energy project” means a project that qualifies under § 4–222 of this subtitle.

    (u)    “Special housing facility” means a project or undertaking for the refinancing, acquisition, rehabilitation, improvement, renovation, or construction of a building that:

        (1)    will be occupied in substantial part by families of limited income;

        (2)    will provide common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities;

        (3)    may include supportive services or supervisory live–in personnel for individuals with specialized housing needs;

        (4)    may include nonresidential facilities to serve individuals with special needs who need not be residents of the project or undertaking; and

        (5)    is not subject to § 4–213(b) of this subtitle.

    (v)    “Sustainable community” has the meaning stated in § 6–201 of this article.



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