Section R. 125.191 - DefinitionsRule 191. Definitions provided for in part 1 of the authority's rules, R 125.101 to R 125.103, apply to the provisions of this part, unless superseded in this rule as follows:
(a) "Allocation plan" means the plan referred to in and required by section 58 b of the act, MCL 125.1458b(3).(b) "Annual report" means the annual report required under section 58 b of the act, MCL 125.1458b.(c) "Applicant" means a person who has submitted an application, proposal, or other documentation related to a request for an award of housing and community development fund money meeting the requirements contained in the applicable NOFA or RFP related to the applicable application year.(d) "Biennial plan" means the allocation plan as defined in subrule (a) of this rule.(e) "Chief Executive Officer" or "CEO" means the senior manager or person acting within this capacity responsible for overseeing the activities of the entire company or organization. The CEO usually holds a position on the board of directors of the company or organization and may also hold the title of president.(f) "Chief Financial Officer" or "CFO" means the company's or organization's top managerial and financial accountant and the individual in charge of the company's or organization's financial matters or the person acting within this capacity.(g) "Community development" means a process involving the conception, planning, and implementation of projects or activities that create improvements in, or reduce the extent of declines in, the living standards of people in a particular community.(h) "Controlling interest" means the holding by 1 person or group of persons of a majority of the stock or other indicia of ownership of a business entity, giving the holder or holders a means of exercising control over the actions of the entity.(i) "Development costs" means the sum total of all costs incurred by eligible applicants for the purpose of developing and coordinating public and private resources to meet the housing needs of low-income, very low-income, and extremely low-income households or to finance projects, as that term is defined in section 58 of the act, MCL 125.1458, located in a downtown or adjacent neighborhood in this state.(j) "Formula" means the standard procedure for distributing the Michigan housing and community development program funds throughout the state based on the number of persons experiencing poverty, economic, and housing distress as specified in section 58 b of the act, MCL 125.1458b.(k) "For-profit corporation" means an entity that exists primarily to generate more income than it spends.(l) "Homelessness" means lacking a fixed, regular, and adequate nighttime residence with priority given to those living in any of the following:(i) A publicly or privately operated shelter or transitional facility designed to provide temporary living accommodations.(ii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for humans.(iii) An institution that provides temporary residence for individuals intended to be institutionalized.(m) "Housing development" means single-family homes, rental developments, elderly developments, affordable assisted living developments, supportive housing developments, and any work or undertaking financed in whole or in part under this part for the primary purpose of acquiring, constructing, or rehabilitating housing for low, very low, or extremely low-income households in need of housing. An undertaking may include any buildings, land, equipment, facilities, or other real or personal property that is necessary, convenient, or desirable in connection with a development, including but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and other non-housing facilities determined to be necessary, convenient, or desirable.(n) "HUD" means the United States Department of Housing and Urban Development, the federal department responsible for the major housing programs in the United States.(o) "Lookback" means the process of reviewing an intended proposed distribution of Michigan housing and community development program funds in a program year to ensure compliance with the earmark requirements provided in the act and these rules.(p) "Michigan housing and community development fund" means the fund created in section 58 a of the act, MCL 125.1458a.(q) "Michigan housing and community development program fund advisory committee" means the advisory committee created in section 58 e of the act, MCL 125.1458e.(r) "Michigan housing and community development program" means the program created in section 58 b of the act, MCL 125.1458b.(s) "NOFA" means a notice of funding availability issued pursuant to this rule and the applicable statutory law governing the program.(t) "Not-for-profit corporation" means a public or private corporation that meets all of the following: (i) Is organized under state or local laws.(ii) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual.(iii) Has a current tax exemption ruling from the Internal Revenue Service (IRS) under section 501(c)(3), a charitable, nonprofit corporation, or section 501(c)(4), a community or civic organization, of the internal revenue code, 26 USC 501(c)(3) or 26 USC 501(c)(4), as evidenced by a certificate from the IRS that is dated 1986 or later. The exemption ruling must be effective on the date of the application and must continue to be effective throughout the length of any contract or grant agreements; or classification as a subordinate of a central organization non-profit under the internal revenue code, as evidenced by a current group exemption letter, dated 1986 or later from the IRS, that includes the applicant. The group exemption letter must specifically identify and list the applicant.(iv) A private nonprofit organization's pending application for section 501(c)(3) or section 501(c)(4) of the internal revenue code, 26 USC 501(c)(3) or 26 USC 501(c)(4), status does not comply with the tax status requirement.(u) "Predevelopment costs" means reimbursable costs, related to a specific eligible housing, downtown, or adjacent neighborhood project, that meet all of the following: (i) Predevelopment project costs that are determined to be customary and reasonable by the authority, including, but not limited to, consulting fees, architectural fees, engineering fees, and costs related to the engagement of a development team, costs related to establishing site control, and costs related to title clearance.(ii) Pre-construction project costs that are determined to be customary and reasonable by the authority, including, but not limited to, the costs of obtaining architectural plans and specifications, zoning approvals, engineering studies, and legal fees.(iii) Predevelopment costs do not include general operational or administrative costs.(v) "Program funds" means the money in the Michigan housing and community development fund.(w) "Recipient" means an eligible applicant receiving funds or other assistance under the program. Recipient includes a subrecipient and any requirement applying to a recipient applies to a subrecipient.(x) "Rental housing project" means a housing development consisting of 1 or more dwelling units that will be rented to individuals or families meeting applicable occupancy and income requirements related to the nature of the housing unit or development.(y) "Request for proposals" or "RFP" means an announcement of a willingness to consider proposals requesting the awarding of program funds for a particular use or uses related to the fund or program.(z) "State" means the state of Michigan and any state level component units thereof.Mich. Admin. Code R. 125.191
2008 AACS; 2009 AACS; 2023 MR 6, Eff. 3/21/2023