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99-346
Maine State Housing Authority

2004-2005 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 99-346
AGENCY NAME: Maine State Housing Authority

CONTACT PERSON: Linda Sears Uhl, Chief Counsel, 353 Water Street, Augusta, Maine 04330. Tel: (207) 626-4600. luhl@mainehousing.org

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

RULES MAY PROPOSE BEFORE OCTOBER 2005:

CHAPTER 1: Home Mortgage Program Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule sets forth the basic criteria for determining eligible borrowers and the terms governing the Maine State Housing Authority's purchase and servicing of loans to eligible borrowers generated by participating lenders.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Lenders and homebuyers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 2: Cooperation with Local Governments
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule sets forth the procedures for cooperation with local governments, and establishes the Maine State Housing Authority's preference for local consent resolutions following generally the statutory form.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Local governments and housing authorities
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 5: Energy Cost and Utility Allowance Determinations
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule outlines the procedures that the Maine State Housing Authority will utilize to determine energy costs and utility allowances for tenants of multi-unit housing projects whose rents are subsidized under Section 8 of the U. S. Housing Act of 1937.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Tenants and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 7: Indian Housing Mortgage Insurance Program Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), 4936
PURPOSE: The Rule sets forth eligibility standards and application, closing, default, and insurance claim procedures.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Indians residing on reservations and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 12: Residential Property Municipal Securities Approval Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), 4722(1)(T)
PURPOSE: This rule sets forth standards pursuant to which the Authority may issue certificates of approval under the Municipal Securities Approval Program for issuances of revenue obligation securities to provide financing for projects consisting of multi-family or single family residential property.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Developers and municipalities.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 13: Allocation of State Ceiling for Housing Related Bonds
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), (13)
PURPOSE: This rule revises the Federal formula for allocating that portion of the state ceiling allocated to the Authority pursuant to applicable law or Executive Order for housing-related bonds and establishes policies and procedures with respect to allocation and carry-forward designations.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Developers, homebuyers and other issuers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 16: Allocation of State Ceiling for Low-income Housing Tax Credit
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), (14); Internal Revenue Code §42
PURPOSE: This rule establishes the policies and procedures for the allocation of low income housing tax credits.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Developers and accountants.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 17: Natural Disaster Home Assistance Program
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), 4922(5)
PURPOSE: This rule established terms of the Natural Disaster Home Assistance Program for the provision of assistance to homeowners and landlords who are victims of natural disasters.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Homeowners and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 19: Homeless Programs Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule sets forth the basic criteria for determining eligible recipients and the terms governing the grants.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Persons who are homeless and shelter operators.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 21: Land Acquisition/Improvement and Housing Opportunity Zones Program
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), 5013, 5024, 5052
PURPOSE: This rule establishes the procedures and selection criteria for the use of funds to finance the acquisition and improvement of land to be used in the development of affordable housing and the designation of housing opportunity zones.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Potential homeowners, municipalities and nonprofit housing corporations.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 24: Home Energy Assistance Program Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1) and (15), 4722(1)(W), 4992
PURPOSE: The rule establishes the Home Energy Assistance Program (HEAP) for the State of Maine as administered by the Maine State Housing Authority. The rule also incorporates standards for the Weatherization component of HEAP and the Central Heating Improvement Program (CHIP).
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Community action program agencies, tenants, homebuyers, oil dealers and public utility companies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 25: Weatherization Program Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1) and (15), 4722(1)(W)
PURPOSE: The rule establishes the Weatherization Program for the State of Maine as administered by the Maine State Housing Authority. The Weatherization Program provides weatherization assistance to low-income households.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Community action program agencies, technical colleges, homeowners and tenants.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 27: Ownership Transfers
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule provides guidelines for the transfer of ownership of certain multi-family and supportive housing developments for which the Maine State Housing Authority is a mortgagee, and where the current owner and prospective new owner would like the Authority's financing to be retained after the ownership transfer.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Developers, nonprofit housing corporations and social service providers, including state agencies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 28: Temporary Housing Assistance Program Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §4762
PURPOSE: This rule sets forth the basic criteria for determining eligible sub-grantees and the terms governing the provision of assistance under the Temporary Housing Assistance Program.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Community action program agencies, homeless shelter operators, social service providers and advocates such as Maine Equal Justice and Pine Tree Legal Assistance.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 29: Multi-family Development and Supportive Housing Loans and Grants
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4832(2), 4741(1) and 4722(1)
PURPOSE: This rule governs MSHA's allocation of resources for loan and grant programs for the acquisition, construction, rehabilitation, and preservation of residential rental housing for low income persons and for housing for low income persons with supportive service needs, the publication and distribution of program guides, eligibility standards, loan and grant standards, construction and rehabilitation requirements, management requirements, and potential selection criteria in connection with such programs.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Tenants, landlords, developers, local housing authorities, lenders, contractors, architects, municipal community development offices, homeowners, Department of Mental Health and Mental Retardation, and mental health service providers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 30: Single Family Home Improvement Loan Program
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4722(1), 4741(1)
PURPOSE: This rule will govern program design, eligibility standards, mortgage standards, and construction standards for mortgage financing of improvements to single-family homes.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Homeowners, contractors, community action program agencies, housing organizations, lenders, and State and federal agencies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 31: Affordable Housing Development District - Recovery of Public Revenue Rule
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1), 5250-E.2
PURPOSE: This rule provides for the recovery from the municipality of public revenue resulting from beneficial tax shifts resulting from the creation of the affordable housing development district in the event that an affordable housing development district fails to continue satisfying the conditions of its creation.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Municipalities, developers, counties, State
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

NEW RULE: Rule governing the Lead Hazard Control Program
STATUTORY AUTHORITY: 30-A M.R.S.A. §4741(1)
PURPOSE: This rule will establish policy and guidelines governing MSHA's Lead Hazard Control Program.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Community action program agencies, homeowners, tenants, landlords, and contractors
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

NEW RULE: Rule governing municipal affordable housing development district tax increment financing program.
STATUTORY AUTHORITY: 30-A M.R.S.A. §§4741(1) 5250-B
PURPOSE: This rule will allow MSHA to carry out its duties imposed by the law establishing a municipal affordable housing development district tax increment financing program and to ensure municipal compliance following designation of an affordable housing development district.
ANTICIPATED SCHEDULE: Prior to October 2005, as necessary.
AFFECTED PARTIES: Municipalities, developers, counties, State
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No


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