§ 4-901. Definitions

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

** REVISOR'S NOTE
 
   This subsection formerly was Art. 83B, § 2-302(a).

** REVISOR'S NOTE
 
   The only changes are in style.

(b) Cooperative housing corporation. -- "Cooperative housing corporation" has the meaning stated in § 5-6B-01 of the Corporations and Associations Article.

(c) Cooperative interest. -- "Cooperative interest" has the meaning stated in § 5-6B-01 of the Corporations and Associations Article.

(d) Family of limited income. --

   (1) "Family of limited income" means a family or individual whose income does not exceed the limits that the Secretary establishes under § 4-915 of this subtitle.

   (2) "Family of limited income" includes a trust described in 42 U.S.C. § 1396p(d)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with assets that were never owned or controlled by the beneficiary, if:

      (i) the income of the trust does not exceed the upper income limits established by the Secretary under § 4-915 of this subtitle; and

      (ii) the beneficiary of the trust is an individual who resides in the residential building owned by the trust.

** SPECIAL REVISOR'S NOTE
 
   As enacted by Ch. 26, Acts of 2005, this subsection was new language derived without substantive change from the first sentence of former Art. 83B, § 2-302(e), as it defined "famil[ies] of limited income". However, Chapter 470, Acts of 2006, amended this subsection.

** SPECIAL REVISOR'S NOTE
 
   The former reference to "those defined as 'elderly' in federal housing legislation" was deleted as surplusage.

** SPECIAL REVISOR'S NOTE
 
   As for the balance of former Art. 83B, § 2-302(e), see § 4-915 of this subtitle.

** DEFINED TERM:
 

   "Secretary"                                                          § 1-101

**

(e) Local rehabilitation program. -- "Local rehabilitation program" means a rehabilitation program that uses Program loans and is administered by a political subdivision.

REVISOR'S NOTE
 
   This subsection is new language added to provide a convenient reference to a rehabilitation program using Program loans that a political subdivision administers.

DEFINED TERMS:
 

   "Political subdivision"                                              § 1-101
 
   DEFINED TERMS:
 
   "Program loan"                                                       § 4-901

**

(f) Member. -- "Member" has the meaning stated in § 5-6B-01 of the Corporations and Associations Article. **

(g) Minimum livability code. -- "Minimum livability code" means a regulation, statute, or ordinance that establishes minimum property maintenance standards that the State or a political subdivision adopts under § 12-203 of the Public Safety Article.

REVISOR'S NOTE
 
   This subsection formerly appeared as Art. 83B, § 2-302(j).

REVISOR'S NOTE
 
   The only changes are in style.

DEFINED TERM:
 

   "Political subdivision"                                              § 1-101

**

(h) Nonprofit sponsor. -- "Nonprofit sponsor" means: **

   (1) a nonprofit organization; **

   (2) a political subdivision; or **

   (3) a limited partnership formed to undertake a rehabilitation project that is eligible wholly or partly for federal programs or incentives, including low-income housing tax credits, if: **

      (i) each general partner is a nonprofit organization or a political subdivision; or **

      (ii) 1. each general partner is a wholly owned subsidiary of a nonprofit organization or political subdivision; and **

         2. a nonprofit organization or political subdivision manages the rehabilitation project or will receive net cash flow or the residual sale proceeds on the sale of the rehabilitation project.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 83B, § 2-302(k) and (l).

REVISOR'S NOTE
 
   The defined terms "political subdivision" and "nonprofit organization" are substituted for former Art. 83B, § 2-302(k), which defined "nonprofit organization" to the same effect, for brevity. See § 1-101 of this article.

REVISOR'S NOTE
 
   The Housing and Community Development Article Review Committee notes, for consideration by the General Assembly, that in item (3)(ii)1 of this subsection, the reference to "each general partner" is substituted for the former reference to a "limited partnership" to avoid the erroneous implication that a limited partnership may be a wholly owned subsidiary.

DEFINED TERMS:
 

   "Nonprofit organization"                                             § 1-101
 
   DEFINED TERMS:
 
   "Nonprofit sponsor"                                                  § 4-101
 
   DEFINED TERMS:
 
   "Political subdivision"                                              § 1-101
 
   DEFINED TERMS:
 
   "Rehabilitation project"                                             § 4-901

**

(i) Program. -- "Program" means the Maryland Housing Rehabilitation Program.

REVISOR'S NOTE
 
   This subsection is new language added to provide a convenient reference to the Maryland Housing Rehabilitation Program. **

(j) Program loan. -- "Program loan" means a loan or grant under the Maryland Housing Rehabilitation Program or a special loan program.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 83B, § 2-302(f).

REVISOR'S NOTE
 
   The reference to a "Program" loan is added for clarity.

DEFINED TERM:
 

   "Program"                                                            § 4-901

**

(k) Rehabilitation project. -- **

   (1) "Rehabilitation project" means a project to repair, reconstruct, renovate, redevelop, improve, modify, or add to a building for a purpose listed in § 4-923 of this subtitle. **

   (2) "Rehabilitation project" includes providing utility submetering for dwellings in a residential rental building.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 83B, § 2-302(o)(3) and the introductory language of (1).

REVISOR'S NOTE
 
   As for the balance of former Art. 83B, § 2-302(o), see § 4-923 of this subtitle. **

(l) Special loan program. -- "Special loan program" means: **

   (1) the Accessory, Shared, and Sheltered Housing Program; **

   (2) the Indoor Plumbing Program; **

   (3) the Lead Paint Abatement Program; **

   (4) the Migratory Worker Housing Program; **

   (5) the Radon and Asbestos Abatement Pilot Program; and **

   (6) the Accessible Homes for Senior Homeowners Grant Program.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 83B, § 2-302(s).

REVISOR'S NOTE
 
   In item (4) of this subsection, the reference to the "Migratory Worker Housing Program" is substituted for the former reference to the "Migratory Worker Housing Facilities Program" for brevity.

REVISOR'S NOTE
 
   In item (5) of this subsection, the former reference to Radon "Gas" is deleted as surplusage. **

(m) Sponsor. -- "Sponsor" means an owner who receives a loan to rehabilitate a building for residential rental purposes or nonresidential purposes.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 83B, § 2-302(u).

REVISOR'S NOTE
 
   The former phrase "or for both" is deleted as implicit in the use of the conjunction "or".

HISTORY: An. Code 1957, art. 83B, § 2-302(a), (e), (f), (j)-(l), (o)(1), (3), (s), (u); 2005, ch. 26, § 2; ch. 561, § 2; 2006, ch. 470; 2008, ch. 485; 2013, ch. 657.