Under certain circumstances, federal, state, or local government affordable rental housing programs may be used to fulfill the MPDU requirements. When these affordable rental housing programs are used to comply with the requirements of this chapter, the following conditions must be met:
(A) Rental rates must be affordable to moderate income households. Maximum household income for affordable rental units built under this section may not exceed 60% of the AMI as determined by HUD.
(B) The Director must determine that:
(1) the controls on the rental rates will contribute to the long term availability of moderately priced dwelling units in the county; and
(2) recorded covenants on the rental units will require a control period of 40 years.
(C) If a rental development is financed, in whole or in part, through the awarding of tax credits from the Maryland Department of Housing & Community Development's Low Income Housing Tax Credit (LIHTC) Program, then compliance with the requirements of the LIHTC Program, including eligibility, income limits, rental rates, and rules for operations, will be deemed to satisfy the eligibility, income and rental rate provisions of this chapter and the county's eligibility, rental rate and income regulations, except that the control period for the rental units subject to the LIHTC program shall be extended to 40 years to ensure long term affordability. In addition, if the rental development is financed as provided in this subsection (C), an MPDU confirmation sheet, signed by the applicant and the Director, may be used in place of an MPDU agreement.
(D) Subject to the approval of the Director, other federal, state or local government affordable rental housing programs may be used to satisfy the eligibility, income and rental rate provisions of this chapter and the county's eligibility, rental rate and income regulations, provided that the control period for the rental units subject to the program shall be extended to 40 years to ensure long term affordability.
(Bill No. 05-06, 7-7-15; Bill No. 22-27, 10-18-2022)