Article I. In General.
§ 56-1. Rehabilitation loan fund.
§ 56-1A. Demolition Loan Program.
Article II. Homeowners' Replacement Loan Fund.
§ 56-2. Definitions.
§ 56-2A. Authority to establish.
§ 56-3. General eligibility requirements.
§ 56-4. Replacement requirements.
§ 56-5. Financing requirements.
§ 56-6. Administration.
Article III. Urban Renewal.
§ 56-7. Short title.
§ 56-8. Findings and declaration of public purpose.
§ 56-9. Definitions.
§ 56-10. Powers and authority of council generally.
§ 56-11. Initiation and approval of project-Resolution initiating project.
§ 56-12. Same-Review of plan by planning board; notice and public hearing; modifications of plan; resolution approving plan.
§ 56-13. Bonds to finance, etc., project, etc.-General obligation bonds; powers of council.
§ 56-14. Same--Revenue bonds-Generally.
§ 56-15. Same-Same-Tax exempt; security.
§ 56-16. Same-Authorization and issuance; terms and conditions.
§ 56-17. Same-Sale.
§ 56-18. Same-Signatures of public officials.
§ 56-19. Same-Validity.
§ 56-20. Same-Legal investments.
Article IV. Urban Renewal Grants or Loans to Municipalities.
§ 56-21. Legislative findings.
§ 56-22. Authority to make grants or loans.
§ 56-23. Procedure for approval of applications.
§ 56-24. Bonds to finance project.
Article V. Property Acquisition Through the Housing Site Acquisition Fund.
§ 56-25. Declaration of policy.
§ 56-26. "Persons of eligible income" defined.
§ 56-27. Powers and authority of county.
Article VI. Housing Opportunity Act.
§ 56-28. Legislative findings.
§ 56-29. Definitions.
§ 56-30. Powers and authority of county.
§ 56-31. Housing authority; corporation to carry out opportunity housing projects.
§ 56-32. Additional powers and restrictions.
Article VII. Tenant Displacement Aid Fund.
§ 56-33. Findings and declaration of public purpose.
§ 56-34. Financial assistance.
Notes
| [Note] | *Cross reference-Special requirements for community redevelopment areas, § . State constitution reference-Slum clearance, art. III, § 61. |
(a) The county council is hereby empowered and authorized by resolution to establish and thereafter to maintain a special fund to be known as the "rehabilitation loan fund" for the purpose of making loans to:
(1) Homeowners of low income to finance rehabilitation required to make their homes or mobile homes conform to applicable County Code requirements, provided such loans are not available on reasonable terms and conditions from other sources; and
(2) Any organization, if the loan is recommended by the Montgomery County Historic Preservation Commission, to rehabilitate or refurbish any historic structure and property that is:
(i) Located in this county; and
(ii) Owned or operated by the organization.
(b) The county executive shall prescribe from time to time such regulations, adopted under method (2) of section 2A-15 of this Code, deemed appropriate for the making of such loans and the administration of the fund, including the right to contract with private organizations for the administration of such fund. (1969 L.M.C., ch. 1, § 1; 1974 L.M.C., ch. 54, § 1; 1979 L.M.C., ch. 9, § 1; 1984 L.M.C., ch. 24, § 54; 1985 L.M.C., ch. 2, § 1.)
(a) Subject to appropriation, the Director of the Department of Housing and Community Affairs (in this Section, the Department) may create and administer a Demolition Loan Program. The purpose of the Program is to assist owners of commercial buildings which are:
(1) located in an urban renewal area, enterprise zone, commercial revitalization area, or other commercial area that the Director finds is blighted or threatened with blight;
(2) vacant or severely underutilized; and
(3) uneconomical to rehabilitate to meet current market demands or to maintain properly.
(b) Under lending guidelines and procedures and repayment terms approved by the Director of Finance, the Department may loan from the Economic Development Fund created under Section 20-73 to an owner of a commercial building which meets the standards of subsection (a) all or part of the cost of demolishing the building and clearing the land on which it is located. The repayment terms for any loan made under this program may allow partial or full forgiveness of the loan when the Director finds that forgiveness would best accomplish the purposes of this program.
(c) Any loan greater than an amount set by Regulation must be approved by a lending committee composed of the Director of Finance, Economic Development, and Housing and Community Affairs. Any loan greater than an amount set by Regulation must not be approved until the County Council has received notice of the loan and a reasonable opportunity to comment.
(d) The County Executive must adopt Regulations under method (2) to administer this program. (1998 L.M.C., ch. 26, § 1.)
The following terms, wherever used or referred to in this article, shall have the following meanings, unless a different meaning is clearly indicated by the context:
(a) Home: Both "one-family dwelling" and "mobile home," as those terms are defined in section 59-1.
(b) Homeowner: A person who owns and lives in his or her own home.
(c) Replacement: Removal of any existing substandard home and substitution therefor, by construction or purchase and placement on the property, of a home that will comply with all applicable state and county statutes, codes and ordinances. (1979 L.M.C., ch. 10, § 1.)
The county council is hereby empowered and authorized by resolution to establish and thereafter to maintain a special fund to be known as the "homeowners’ replacement loan fund" for the purpose of making direct loans to homeowners of low income, whose present homes cannot be rehabilitated to conform with applicable county code requirements, to finance new homes, including prefabricated and mobile homes and to finance the purchase of land upon which a home is situated; provided, that such loans are not available on reasonable terms and conditions from other sources. The county executive shall adopt under method (2) of section 2A-15 of this Code, from time to time such regulations as he or she shall deem appropriate for the making of such loans and the administration of the fund, including the right to contract with private organizations for the administration of such fund; provided, that the loans available under this fund shall be limited to those individuals whose income and net worth preclude home financing through normal banking or other financial channels. In determining the availability to the property owner of adequate commercial financing, the following shall be taken into consideration:
(a) The present condition and value of the property.
(b) Real estate owned by the borrower that would be a source of funds either by sale or a commercial loan.
(c) Total net income of the borrower and members of his or her family. No loan shall be made to any owner-occupied home where the resources of (a) and (b) above are adequate for obtaining financing of the home from other sources. (1979 L.M.C., ch. 10, § 1; 1984 L.M.C., ch. 24, § 54.)
To be eligible for assistance under the homeowners' replacement loan fund, properties shall comply with the following eligibility requirements:
(a) Properties or homes shall be single-family, owner-occupied homes which are found to be in violation of one or more of the provisions of the state and county statutes, codes and ordinances relating to the use, maintenance, facilities and occupancy of existing property.
(b) Properties or homes shall be situated in locations where they will not be in conflict with the following types of governmental projects:
1. Federally assisted urban renewal and concentrated code enforcement projects.
2. Projects for the construction or development of public schools, parks, streets, highways, utilities and other public works.
This requirement is not to preclude loans on properties located within urban renewal and code enforcement projects which are not federally assisted.
(c) Properties or homes shall be in locations where safe, sanitary and adequate water supply and sewage disposal are available or will be provided as a result of application of the loan proceeds.
(d) Properties or homes must not be feasibly capable of being brought into compliance with the applicable county codes and ordinances by use of the rehabilitation loan fund for the county or any other type of rehabilitation loan made available by any other governmental agency because the expense required to achieve rehabilitation would be excessive in relation to the resulting benefit to the property. (1979 L.M.C., ch. 10, § 1.)
The purpose of replacement homes (conventional construction, modular or mobile) is to eliminate existing conditions of deterioration or obsolescence and to prevent their recurrence.
(a) Home replacement to be carried out under this program shall be only that necessary to bring the property into full compliance with all applicable state and county statutes, codes and ordinances. Replacement shall be limited to facilities reasonably necessary to accommodate the present occupancy and usage.
(b) The purpose of replacement is to eliminate existing conditions of deterioration or obsolescence and to prevent their recurrence. All construction shall be carried out in a workmanlike manner and be of such quality as to be durable and long lasting and in compliance with applicable state and county statutes, codes and ordinances. (1979 L.M.C., ch. 10, § 1.)
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