Attention: Thomas P. Carbo, Deputy Director:

The League of Women Voters of Howard County appreciates the opportunity to comment on the proposed Rule amendments to the Howard County Department of Housing and Community Development Moderate Income Housing Unit Program (Section 13.400: 01-05).

The proposed Rule amendments provide opportunities for individuals to achieve certificates of eligibility for moderate income housing units either ownership or rental, or ownership or rental in a senior community or age-restricted adult housing development. The League supports the major components of the proposed Rule amendments and finds them to provide public notice and application selection criteria. The League supports the proposed quarterly enrollment period and General Waiting List. The Criteria Priorities for Purchase establish a numerical score for each applicant based on Howard County Housing and Community Development Regulations Section 13.406. The existing rules contain limited priorities for applicants' purchase of housing units and no priority criteria for rental units. The existing rules have no specified enrollment period or waiting list provisions.

The League urges favorable adoption of the proposed amended rules but asks that the League's specific comments be considered.

Specific comments:

03.A.1 Reference to a 501(C )(4) nonprofit corporation. The League questions the sustainability and strength of such organizations. How will the credentials of such entities be vetted?

03.A.1.6 Monitor Program compliance on a long-term basis. The League suggests that long-term basis is vague in the context of housing programs. A specific minimum designation of 5 plus years should be stated.

04.C.2 General Waiting List. If a deficiency is found in the application, the rule currently states that the Department will notify the applicant in writing and that the applicant will be given 5 working days to remedy the deficiency. The proposed rules do not mention how the applicant will be notified and 5 days are not defined as working days. The League supports written notification and 5 working days.

04.D.2 (A) A priority point will be assigned to an applicant with the lowest income who qualifies for mortgage financing. This statement needs to be clarified. Once this priority point is assigned does it remain with the applicant even if the applicant is put on the waiting list? Can a lowest income priority point be assigned to another applicant if they qualify in a subsequent quarterly enrollment period?

04.D.2 (A) (3) Eligible to purchase a single family detached or proffered unit only. The League questions this restricted limitation? Why is the applicant not allowed to purchase a condominium apartment, attached or semi detached townhome?

04.D.2 (D) A priority point will be assigned to an applicant who works in Howard County at the time of receipt of the application. The League is concerned that once this priority point is assigned the priority point remains with that applicant even if the applicant's employment with the County deceases prior to the time the applicant becomes eligible to purchase or rent a moderate price unit. Is this priority point reviewed and awarded each enrollment period? Is the priority point reassigned?

04.F.2 (B) Agree to (1) occupy the moderate-income housing unit. The rule language does not indicate a timeframe for the agreement to occupy. However, Howard County Code Section 13.406(d) states that an individual notified by the Department of the availability of a moderate income housing unit shall contact the Department within 10 days to indicate that the individual is ready and willing to buy the moderate income housing unit. The League requests that the 10-day time frame be inserted into this section of the proposed rules.

04.F.2 (C) and 04.D.2 (D) Update the information ... whether the applicant continues to qualify for the priorities for selection listed. The League asks for clarification of an apparent conflict between these two sections of the proposed rules. A priority point will be awarded at the time of application for applicants who work in Howard County (04.D.2 (D)) but 04.F.2(C) infers that the priority for Howard County work needs to be verified. The question is does the priority point remain once it is awarded and the issue of continuation of Howard County work is moot? For qualified applicants are their qualifications reviewed and priority points changed each enrollment period?

04.F.4 (C)(3) The applicant's credit service rating. The proposed rules state that the applicant's credit service rating may not exceed the minimum threshold credit rating required by major mortgage lenders. The League asks why would an applicant be penalized if they have acted responsibly regarding their credit and financial matters? The League urges the deletion of this proposed rule provision.

04.G.1 Lottery. The lottery drawing method should be random and should first select first all eligible purchasers for however many available housing type units are available followed by the selection of a like number of alternates. Alternates would be selected as first alternate, second alternate and so on. If one of the selected eligible purchasers fails to respond, is not qualified or declines then the first alternate is considered for that unit. The League thinks this would provide the Department with more flexibility and creates a better opportunity for alternates to secure a unit than the methodology proposed.

04.H.2 and 04.J.2 Priority Period. The League could not find a definition for the term priority period. The League believes this is a set amount of time for a contract between the seller and the selected applicant purchaser or renter. The League suggests the priority period should be defined in the proposed rules.

04.I.4 (B)(3) Applicants' credit service rating may not exceed the minimum threshold credit. Similar to the League's comments on 04.F.4(C)(3) the League considers this penalizing to rental applicants who have acted financially responsible regarding credit use and payment of debt.

The League also has a general question. The geographical location of a housing unit (probably more specifically a rental unit) might be an eligible applicant's major consideration in acceptance of that unit. If an eligible applicant declines accepting a housing unit because of the unit's geographic location does the eligible applicant forfeit their eligibility position?

The League thanks you for the opportunity to comment on the proposed Rule amendments.

Sincerely,

Grace Kubofcik,
Co-President
Howard County League of Women Voters
Cc; Barbara Russell, Co-president