Sec.8-79a-1. Definitions

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Connecticut Department of Housing.

(c) "Eligible developer or developer" means

(1) A non-profit corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the commissioner in accordance with section 8-79a-3;

(2) Any business corporation incorporated pursuant to chapter 599 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the commissioner in accordance with section 8-79a-3;

(3) Any partnership, limited partnership, joint venture, trust or association having basic documents of organization approved by the commissioner in accordance with section 8-79a-3, and having as one of its purposes the construction, rehabilitation, ownership, or operation of housing;

(4) A housing authority;

(5) A family or person approved by the commissioner as qualified to own, construct, rehabilitate, manage, and maintain housing under a mortgage loan made or insured under an agreement entered into pursuant to the provisions of Chapter 128 of the Connecticut General Statutes and these regulations.

(d) "Family" means a household consisting of one or more persons, (section 8-39 (t) Connecticut General Statutes).

(e) "Housing authority" means a public body corporate and politic created in accordance with section 8-40 of the Connecticut General Statutes and the commissioner of housing, when exercising the powers of a housing authority pursuant to chapter 129, of the Connecticut General Statutes.

(f) "Housing project" means:

(1) To demolish, clear or remove buildings for any slum area, which work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes or

(2) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for families of low or moderate income, which work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, recreational, commercial or welfare purposes and may include the acquisition and rehabilitation of existing dwelling units or structures to be used for moderate or low rental units, or

(3) To accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the reconstruction, rehabilitation, alteration, or major repair of existing buildings or improvements.

(g) "HUD" means the United States Department of Housing and Urban Development.

(h) "Interim loan" means a loan from the commissioner which provides a developer with the funds necessary to develop and construct, acquire or rehabilitate a moderate rental housing project and which is due and payable following cost certification of the project.

(i) "Low and moderate income family" means any family as defined in these regulations which meets the income limits established in accordance with these regulations, and consistent with sections 8-39 (e) and (f) of the Connecticut General Statutes.

(j) "Moderate rental" means a rental which, as determined by an eligible developer with the concurrence of the commissioner of housing, is below the level at which private enterprise is currently building a needed volume of safe and sanitary dwellings for rental in the locality involved; and "moderate rental housing project" means a housing project, receiving state aid in the form of loans, or grants, for families unable to pay more than moderate rental. Such project may include the reconstruction, rehabilitation, alteration, or major repair of existing buildings or improvements.

(k) "Mortgage" means a mortgage deed, deed of trust, or other instrument which shall constitute a lien, whether first or second, on real estate or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, which does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is equal to the number of years remaining until the maturity date of such obligation.

(l) "Permanent loan" means a loan from the commissioner for a term not to exceed 50 years, in an amount which does not exceed the certified development cost of a moderate rental housing project and at an interest rate determined from time to time by the state bond commission.

(m) "Adjusted net family income" means the amount of income remaining after all allowable deductions and the 10% income adjustment are subtracted from the gross income.

(n) "Gross income" means the total entire income of all family members from all sources whatsoever before any deductions.

(o) A "Dependent" means a person who resides with the family and derives more than half of his or her total support for the calendar year from the tenant.

(Effective April 21, 1986)