5349
MONTGOMERY COUNTY

OCCURS FIRST, THE APPLICANT SHALL NOTIFY THE COUNTY
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE
PROPOSED OFFERING AND THE DATE ON WHICH THE OFFERING WILL
BE MADE TO THE GENERAL PUBLIC. THE DEPARTMENT SHALL
MAINTAIN A LIST OF ELIGIBLE PERSONS OF MODERATE INCOME
AND SHALL, IN ACCORDANCE WITH PROCEDURES TO BE
ESTABLISHED BY THE COUNTY EXECUTIVE, NOTIFY ELIGIBLE
PERSONS OF THE OFFERING. FOR THE PURPOSE OF THIS
SUBSECTION, LEVELS OF GROSS MODERATE INCOME SHALL NOT
EXCEED TWO HUNDRED PERCENT (200%) OF THE LEVELS OF NET
LOW INCOME FOR CONTINUED OCCUPANCY OF PUBLIC HOUSING
ESTABLISHED BY THE MONTGOMERY COUNTY HOUSING AUTHORITY.
IN ESTABLISHING NOTIFICATION PROCEDURES, THE COUNTY
EXECUTIVE SHALL TAKE INTO CONSIDERATION FAMILY SIZE SO
THAT FAMILIES ARE NOTIFIED OF THE AVAILABILITY OF
MODERATELY PRICED DWELLING UNITS ADEQUATE TO MEET THEIR
HOUSING NEEDS. THE DEPARTMENT SHALL PROVIDE PERSONS TO
BE NOTIFIED WITH INFORMATION AS TO THE PROPOSED OFFERING
AND SHALL FURNISH SUCH OTHER ASSISTANCE AS MAY BE
APPROPRIATE. PERSONS SO NOTIFIED SHALL HAVE AN EXCLUSIVE
RIGHT UNTIL TEN (10) DAYS PRIOR TO THE PROPOSED DATE OF
PUBLIC OFFERING IN WHICH TO CONTRACT WITH THE APPLICANT
TO PURCHASE OR RENT THE AVAILABLE MODERATELY PRICED
DWELLING UNITS.

EVERY PURCHASER OR RENTER OF A MODERATELY PRICED
DWELLING UNIT SHALL CERTIFY ON A FORM PRESCRIBED BY THE
DIRECTOR OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT THAT HE 01 SHE IS ACQUIRING OR LEASING SAID
UNIT FOR HIS OR HER OWN, OR FAMILY'S, PRIMARY PLACE OF
RESIDENCE AND THAT THE MODERATELY PRICED DWELLING UNIT IS
NOT BEING PURCHASED OR RENTED FOR PURPOSES OF
SPECULATION. NO APPLICANT SHALL SELL OR LEASE ANY UNIT
WITHOUT FIRST OBTAINING SUCH CERTIFICATE FROM THE
PURCHASER OR LESSEE. COPIES OF CERTIFICATES TO
APPLICANTS FROM PURCHASERS OR LESSEES SHALL BE FURNISHED
TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
AND SHALL BE MAINTAINED ON FILE WITH THE DEPARTMENT IN
SUCH MANNER AS THE DEPARTMENT SHALL PROVIDE. PRIOR TO
THE SALE BY AN APPLICANT TO ANY PURCHASER OF ANY
MODERATELY PRICED DWELLING UNIT CONSTRUCTED UNDER THIS
CHAPTER, THE APPLICANT SHALL REQUEST A DETERMINATION BY
THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FROM
THE CERTIFICATES ON FILE WHETHER OR NOT SUCH PROPOSED
PURCHASER WAS A PREVIOUS PURCHASER OF A MODERATELY PRICED
DWELLING UNIT. PREVIOUS PURCHASERS SHALL NOT BE
PERMITTED TO PURCHASE A SECOND MODERATELY PRICED DWELLING
UNIT UNLESS THERE ARE NO OTHER FIRST-TIME PURCHASERS
QUALIFIED TO MAKE SUCH PURCHASE, PROVIDED THAT THE
DIRECTOR OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT MAY WAIVE THIS RESTRICTION FOR GOOD CAUSE.

(B) HOUSING AUTHORITY OR OTHER DESIGNATED HOUSING
DEVELOPMENT AGENCY OF CORPORATION. IN VIEW OF THE