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SEC. 41A-5 RENTAL ASSISTANCE BENEFITS — REGULATIONS
41A.05.01.01 Definitions
1.1 Definitions
In this regulation, unless more specifically defined, the following words have the meanings stated:
a. Applicant means a person, other than a recipient, who applies for benefits on behalf of a household. An applicant must be at least 18 years old, reside at the application rental unit and be a member of the household.
b. 1. Asset means any property or interest in property, including:
A. cash;
B. time or demand deposits in a financial institution or money market fund;
C. stock;
D. bonds;
E. shares in a mutual fund;
F. trusts; or
G. real estate.
2. 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.
c. Coordinated Entry means the list of names that is managed by the Montgomery County Department of Health and Human Services of Montgomery County residents experiencing homelessness.
d. Department means the Montgomery County Department of Health and Human Services.
e. Director means the Director of the Department or the Director’s designee.
f. Eligible rental unit means a rental unit in Montgomery County:
1. for which the household has a written rental agreement; and
2. that maintains all licenses and permits as required by Chapter 29.
3. Eligible rental units include, but are not limited to:
A. a detached or attached single-family home or townhouse;
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; and
E. a room or group of rooms in an attached or detached single-family home or townhouse, apartment, condominium or cooperative.
g. 1. Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return, including, but 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 Supplemental Security, the Social Security Act, or 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, groceries and other living expenses;
G. strike benefits where there is no employee contribution;
H. Temporary Cash Assistance, Refugee Assistance and Temporary Emergency Medical and Housing Assistance 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 excluded from eligibility determination includes:
A. losses from business, rental, or capital transactions;
B. third-party payments from someone outside of the household for rent or other expenses. Payments for which the applicant has no discretion over the use of the funds that are given directly to the landlord or other provider;
C. employment income of household members under 18 years old, unless emancipated;
D. Pell Grants, Supplemental Educational Opportunity Grants, National Direct Student Loan, State Student Incentive Grant, Guaranteed Student Loans, College Work Study, State, Local and Federal Loans, Grants and Scholarships, Civic and Fraternal Scholarships, Private Company Scholarships, loans with established repayment plans;
E. Medicare payments deducted from Social Security benefits; and
F. Nazi Restitution payments to victims of Nazi persecution.
3. Allowable Deductions from Gross Income
For the purposes of determining benefit amount, the Department may deduct medical and childcare expenses from household gross income. A deduction may only be granted if the applicant provides documentation that the household makes regular out- of-pocket payments for the following:
A. childcare expenses up to the Montgomery County average cost of childcare, by type of care, as determined by the 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 prescribed by a doctor to treat a medical condition; and
D. medical insurance premiums for individuals with a documented disability or who are 55 years of age or older.
h. Household means:
1. an individual, or two or more persons, whether or not related, who live together and are subject to the same rental agreement and one member meets at least one of the following criteria:
A. is a person with a documented disability; or
B. is a person 55 years of age or older; or
C. a person who is a participant designated by the Director as eligible for participation.
i. Person with a documented disability means a person who:
1. receives disability benefits under the Social Security Act or the Railroad Retirement Act, or from a federal, state, or local government disability retirement system; or
2. has a physical, mental, or emotional impairment that substantially limits one or more major life activities of the individual as the Department determines after the individual submits a statement of condition of disability from the individual’s physician.
j. Recipient means a person who is currently receiving benefits on behalf of a household. A recipient includes a person who reapplies for benefits before the end of the person’s eligibility period.
k. Relative means a parent/step-parent, grandparent, child/step-child, sibling, father-in-law, mother-in-law, son-in-law or daughter-in-law, or spouse.
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