Skip to code content (skip section selection)
Compare to:
Montgomery County Overview
Montgomery County Code
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
Loading...
Loading...
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Loading...
02.42A.06.12 Legal Challenge
If an applicant or client is aggrieved by a final decision of the department in an administrative review hearing, that applicant or client may file an original complaint in the Circuit Court for Montgomery County, Maryland.
(Administrative History: Reg. No. 16-03AMII, corrected copy of Reg. No. 16-03, (Method 2); Orig. Dept. Health and Human Services)
COMCOR 02.42A.07 Requirements for the Supportive Housing Rental Assistance Program
02.42A.07.01 Definitions
   1.1      Definitions
         Unless more specifically defined, the following words have the meanings stated:
         A.   Applicant means a person who applies for the Program, but is not yet a recipient of benefit payments.
         B.   Adjusted monthly income means the combined monthly gross income of all of the members of the household, less allowable deductions as defined in 02.42A.07.01, 1.1 (M).*
*Editor’s note—Montgomery County Executive Regulation No. 7-17, COMCOR No. 02.42A.07, re-lettered many of the definitions in this Section. What was 02.42A.07.01, 1.1(M) should now be 02.42A.07.01, 1.1(N).
         C.   Asset means all accumulated personal wealth, property or interest in property, over which a person has the authority or power to liquidate an interest.
            1.   An asset includes, but is not limited to:
               a.   cash;
               b.   time or demand deposits in a financial institution such as checking accounts, savings accounts, certificates of deposit, or money market funds;
               c.   stock;
               d.   bonds;
               e.   shares in a mutual fund;
               f.   trusts; or
               g.   real estate.
            2.   An asset does not include:
               a.   furniture and furnishings used in the rental unit;
               b.   clothing; or
               c.   one automobile for each member of the household who is a licensed driver.
         D.   Benefit payment means the monthly payment made by the Department to the landlord for a recipient’s contract rent.
         E.   Co-occurring disability means the simultaneous existence of chronic substance abuse and a mental disorder.
         F.   Continuum of Care is a regional or local planning body that coordinates housing and services funding for homeless families and individuals.
         G.   Coordinated Entry System is a client-centered process required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 that streamlines access to housing interventions for each individual or family experiencing homelessness. Within a Coordinated Entry System persons are prioritized for housing based on vulnerability using a data-driven, real time process.
         H.   Contract rent means the monthly rent agreed to by a written lease agreement between the applicant household and the landlord, regardless of any furnishings, fees, meals, or services.
         I.   Department means the Montgomery County Department of Health and Human Services.
         J.   Director means the Director of the Montgomery County Department of Health and Human Services or the Director’s designee.
         K.   Developmental disability means a severe chronic disability of an individual that:
            1.   Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributable to a combination of mental and physical impairments;
            2.   Is likely to continue indefinitely;
            3.   Is manifested in an individual before the age of 22;
            4.   Results in an inability to live independently without external support or continuing and regular assistance; and
            5.   Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.
         L.   Elderly means a person at least 62 years old.
         M.   Fair Market Rent means the rent, including the cost of utilities (except telephone), as most recently published by the United States Department of Housing and Urban Development, for units of varying sizes (by number of bedrooms) that must be paid in the Washington Metropolitan Area housing market to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities.
         N.   Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return.
            1.   Gross income includes, but is not limited to:
               a.   wages and tips received as compensation for employment or services rendered, before taxes and other deductions;
               b.   interest and dividends from all financial accounts;
               c.   benefits under the Social Security Act or the Railroad Retirement Act;
               d.   bequests and inheritances;
               e.   child or spousal support payments;
               f.   recurring monetary gifts and loans (excluding student loans) made to the household by other persons not living in the household to assist with rent or other living expenses;
               g.   strike benefits where there is no employee contribution;
               h.   Temporary Cash Assistance (TCA), Refugee Assistance, and Temporary Disability Assistance Program (TDAP) benefits;
               i.   pensions and annuity benefits, including veterans, railroad and mine worker benefits;
               j.   unemployment compensation benefits;
               k.   trust fund disbursements;
               l.   capital gains;
               m.   net profits from business and property rentals;
               n.   worker’s compensation benefits;
               o.   stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees;
               p.   foster care benefits; and
               q.   net income from self-employment.
            2.   Gross income does not include:
               a.   losses from businesses, rental, or capital transactions;
               b.   third-party payments made by someone outside of the household for living expenses;
               c.   payments given directly to a service provider for which the applicant has no discretion over the use of the funds;
               d.   employment income of household members under 18 years old, unless emancipated;
               e.   employment income of full-time students 18 years of age or older, unless that person is the applicant, or the spouse of the applicant.
               f.   student financial assistance in the form of grants, loans or work study aid provided under the Higher Education Act, under a State program, or by an institution of higher education and including Pell Grants, Supplemental Educational Opportunity Grants, Federal Family Education Loans, Ford Direct Loans, Perkins Loans, State Student Incentive Grant, College Work Study, Civic and Fraternal Scholarships, Private Company Scholarships;
               g.   Medicare payments deducted from Social Security benefits; and
               h.   Nazi Restitution payments to victims of Nazi persecution.
            3.   A deduction from monthly household gross income may be granted by the Department when determining eligibility for the Program, if documentation is provided by the applicant that demonstrates the household makes regular out-of-pocket payments for any of the following:
               a.   child care expenses up to the Montgomery County average cost of child care, by type of care, as determined by the Montgomery County Working Parents Assistance Program;
               b.   medical expenses for doctor and dental fees, prescription drugs and prescribed medical procedures that are not reimbursed by insurance or other sources;
               c.   over-the-counter medical products, if ordered by a doctor to treat an ongoing medical condition; or
               d.   medical insurance premiums.
         O.   Homeless means individuals and families who are defined consistent with the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 as individuals, adults and children who lack a fixed, regular, and adequate nighttime residence. This includes individuals and families who:
            1.   Are sleeping in a place not designed or ordinarily used as a regular sleeping accommodation including a car, park, abandoned building, bus or train station, airport, or camping ground;
            2.   Live in emergency or transitional shelter (including congregate shelters, transitional housing, as well as hotels/motels and community placements paid for with public funds to prevent homelessness).
            3.   Are exiting an institution where the person has resided for 90 days or less and was homeless prior to entering the institution.
         P.   Household means a single individual or two or more persons, whether or not related, who live together in a rental unit.
         Q.   Housing Locator means the person from the Department, or an agency contracted by the Department, who is designated to assist an applicant approved to receive program benefits with identifying and locating rental housing in Montgomery County.
         R.   Legal resident means a person who is either a citizen of the United States or a person who is a non-citizen who has been granted eligible immigration status in the United States by the United States Citizenship and Immigration Services.
         S.   Mental disorder means a behavioral or emotional illness that results from a psychiatric or neurological disorder. A mental disorder also includes a mental illness that substantially impairs the mental or emotional functioning of an individual and makes care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. Mental disorder does not include a developmental disability.
         T.   Mixed household means any household that includes persons who are legal residents and persons who are not legal residents.
         U.   Program means the Housing Initiative Program.
         V.   Recipient means a person who currently receives a benefit payment. An applicant becomes a recipient on the effective date of the first benefit payment to the landlord. A recipient includes a person who reapplies for Program eligibility before the end of a current eligibility period.
         W.   Relative means a parent, step-parent, grandparent, child, step-child, sibling, father-in-law, mother-in-law, son-in-law, daughter-in-law or spouse.
         X.   Rental unit means a unit in Montgomery County that is licensed in accordance with Chapter 29 of the Montgomery County Code.
            1.   A rental unit cannot be occupied by more than one household and includes, but is not limited to:
               a.   a detached or attached single family home or town home;
               b.   an apartment in a multi-family facility;
               c.   a condominium or cooperative unit in a multi-family facility;
               d.   a rental mobile home in a licensed mobile home park; or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park;
               e.   a room or group of rooms in an attached or detached single family home or town home, apartment condominium or cooperative;
               f.   a personal living quarters; or
               g.   an accessory apartment.
            2.   A rental unit owned by a relative of any member of the applicant household is eligible only if the Department determines that approving the rental unit would provide reasonable accommodation for the recipient or for a household member.
         Y.   Service coordinator means the person from the Department, or an agency contracted by the Department, designated to provide on-going outreach to a recipient to engage them in services and ensure residential stability.
         Z.   Service provider agency means the Montgomery County public or private agency that refers an applicant to the Program.
         AA.   Special populations means:
            1.   a person with a sensory, cognitive or mobility impairment;
            2.   a person with a developmental disability;
            3.   a person with a chronic mental disorder;
            4.   a person with a co-occurring disability;
            5.   a person with chronic substance abuse;
            6.   a person who is elderly and in need of independent or supportive housing;
            7.   a person who is homeless; or
            8.   a youth transitioning from systems of public custodial care such as foster care and juvenile justice.
         BB.   Substance abuse means a disease which is characterized by the pathological use of a drug or alcohol with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial.
         CC.   Suitably sized unit means the standard for the appropriate number of bedrooms needed for households of different sizes and compositions as most recently publishing by the Montgomery County Housing Opportunities Commission for the Housing Choice Voucher Program.
         DD.   Tenant rent responsibility means the monthly amount owed by the recipient household to the landlord. The tenant rent will be equal to 30% of the recipient household’s gross adjusted monthly income, less any monthly utility allowance.
Loading...