1.1 “Alternative Compliance Measure” means a method of providing WFH Units other than under the standard requirement by building the WFH Units at an alternative location within the same planning policy area, building or converting the required number of units from non-residential uses, or buying WFH Units for which the rental or for sale control period has expired.
1.2 “Capital Improvement” means permanently affixed improvements, excluding luxury and cosmetic items such as painting, interior decorating, temporary improvements, and non- fixed improvements.
1.3 “Certificate of Eligibility” means a non-transferable certificate which is effective for a specified period of time, and which is issued by the Department to persons meeting the Program’s minimum eligibility criteria.
1.4 “Certified Household” means a household that has a Certificate of Eligibility to purchase or rent a WFH Unit.
1.5 “Change in Type of Building Construction” means a change in the type, method and materials of construction from a Garden Style building to a High Rise building:
(a) “Garden Style Building” means a multi-family dwelling unit structure that is four (4) stories or fewer in height, and is constructed primarily of wood and/or metal frame materials and associated methods.
(b) “High Rise Building” means any multi-family residential or mixed use (residential and commercial) building that is higher than four (4) stories, and is constructed primarily of steel reinforced concrete materials and associated methods.
1.6 “Commission” refers to the Montgomery County Housing Opportunities Commission, or its successor agency.
1.7 “Consumer Price Index” means the latest published version of the Consumer Price Index for All Urban Consumers (CPI-U) of the U.S. Department of Labor, or any similar index designated by regulation.
1.8 “Control period” means the time a WFH Unit is subject to either resale price controls and owner occupancy requirements or maximum rental limits as provided herein. For a WFH Unit originally offered for sale or rent after December 1, 2006, the control period for sale WFH Units is 20 years from the Date of Original Sale; for rental WFH Units the control period is 99 years from the Date of Original Rental. For sale WFH Units, such control period is reinitiated upon each sale that occurs within the initial or subsequent control periods.
1.9 “Date of Original Rental” means the date that the first lease of a WFH Unit takes effect.
1.10 “Date of Original Sale” means the date of settlement for purchase of a WFH Unit.
1.11 “Department” means the Department of Housing and Community Affairs.
1.12 “Developer” means a person or other legal entity that seeks to develop a housing project.
1.13 “Development Application” means submitting an original application for a development approval to the Planning Board (including, but not limited to, a preliminary plan of subdivision, site plan, development plan, or project plan), or applying to DPS for a building permit when there is no site plan, whichever is applicable.
1.14 “Director” means the Director of the Department or the Director’s designee.
1.15 “Disabled Individual” means an individual who has a physical or mental impairment that substantially limits one or more major life activity.
1.16 “Eligibility List” means a list of Interested Households maintained by the Department.
1.17 “Fair Market Value of Capital Improvements” is defined as the actual and reasonable costs of materials, professional fees, contractor’s costs, and permit fees associated with furnishing and installing Capital Improvements.
1.18 “Housing Initiative Fund” means the fund established under Section 25B-9.
1.19 “Interested Households” means households who have completed and submitted an application, including a self-certification form, to the Department, in order to be placed on the Eligibility List to purchase a WFH Unit.
1.20 “Moderately Priced Dwelling Unit,” or “MPDU,” means a dwelling unit produced in accordance with Chapter 25A of the Montgomery County Code, 2004, as amended.
1.21 “Median Income” means the area-wide median income for the Washington, DC Primary Metropolitan Statistical Area (PMSA) as published annually by the U.S. Department of Housing and Urban Development (HUD).
1.22 “Offering Agreement” means a written agreement prepared by the Developer and submitted to the Department, and which is subject to the review and approval of the Department, in which the Developer makes WFH Units available to Certified Households.
1.23 “Planning Board” means the Montgomery County Planning Board, or its successor agency.
1.24 “Planning Policy Area” means a geographic area defined in the County’s Annual Growth Policy.
1.25 “Primary Residence” means the place where a person spends 51% or more of their time and, at a minimum, the address at which a person is registered to vote, and the address indicated on their drivers license and vehicle registration.
1.26 “Priority Marketing Period” means a period of no more than 90 days during which time the WFH Unit must be available exclusively for sale or rent to Certified Households.
1.27 “Program” means the Workforce Housing Program.
1.28 “Purchaser’s or Renter’s Agreement” means a form issued by the Department and signed by the purchaser and/or renter of a WFH Unit in which the purchaser and/or renter agrees that they must occupy the unit as their primary residence and otherwise comply with the provisions of Chapter 25B.
1.29 “Title 11" means Title 11, Maryland Condominium Act, Real Property Article, Annotated Code of Maryland.
1.30 “Workforce Housing Law” means Chapter 25B of the Montgomery County Code, 2004, as amended.
1.31 “Workforce Housing Unit (WFH Unit)” means a dwelling unit in a workforce housing project that is subject to rent limits or sales controls under Chapter 25B of the Montgomery County Code, 2004, as amended.