§ 5-20-1-2 — Definitions

As used in this chapter:
"Assisted" means, with respect to a loan:
(1) the payment by the United States or any duly authorized
agency of the United States of assistance payments, interest
payments, or mortgage reduction payments with respect to such
loan; or
(2) the provision of insurance, guaranty, security, collateral,
subsidies, or other forms of assistance or aid acceptable to the
authority for the making, holding, or selling of a loan from the
United States, any duly authorized agency of the United States, or
any entity or corporation acceptable to the authority, other than
the sponsor.
"Authority" means the Indiana housing and community development
authority created by section 3 of this chapter.
"Bonds" or "notes" means the bonds or notes authorized to be issued
by the authority under this chapter.
"Community based residential programs" refers to programs
developed by the division of mental health and addiction under IC 12-22-2-3.5.
"Development costs" means the costs approved by the authority as
appropriate expenditures and credits which may be incurred by
sponsors, builders, and developers of residential housing prior to
commitment and initial advance of the proceeds of a construction loan
or of a mortgage, including but not limited to:
(1) payments for options to purchase properties on the proposed
residential housing site, deposits on contracts of purchase, or,
with prior approval of the authority, payments for the purchase of
such properties;
(2) legal, organizational, and marketing expenses, including
payments of attorney's fees, project manager, clerical, and other
incidental expenses;
(3) payment of fees for preliminary feasibility studies and
advances for planning, engineering, and architectural work;
(4) expenses for surveys as to need and market analyses;
(5) necessary application and other fees;
(6) credits allowed by the authority to recognize the value of
service provided at no cost by the sponsors, builders, or
developers; and
(7) such other expenses as the authority deems appropriate for the
purposes of this chapter.
"Governmental agency" means any department, division, public
agency, political subdivision, or other public instrumentality of the
state of Indiana, the federal government, any other state or public
agency, or any two (2) or more thereof.
"Construction loan" means a loan to provide interim financing for
the acquisition or construction of single family residential housing,
including land development.
"Mortgage" or "mortgage loan" means a loan to provide permanent
financing for:
(1) the rehabilitation, acquisition, or construction of single family
residential housing, including land development; or
(2) the weatherization of single family residences.
"Mortgage lender" means a bank, trust company, savings bank,
savings association, credit union, national banking association, federal
savings association or federal credit union maintaining an office in this
state, a public utility (as defined in IC 8-1-2-1), a gas utility system
organized under IC 8-1-11.1, an insurance company authorized to do
business in this state, or any mortgage banking firm or mortgagee
authorized to do business in this state and approved by either the
authority or the Department of Housing and Urban Development.
"Land development" means the process of acquiring land primarily
for residential housing construction for persons and families of low and
moderate income and making, installing, or constructing nonresidential
housing improvements, including water, sewer, and other utilities,
roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and
other installations or works, whether on or off the site, which the
authority deems necessary or desirable to prepare such land primarily
for residential housing construction.
"Obligations" means any bonds or notes authorized to be issued by
the authority under this chapter.
"Persons and families of low and moderate income" means persons
and families of insufficient personal or family income to afford
adequate housing as determined by the standards established by the
authority, and in determining such standards the authority shall take
into account the following:
(1) The amount of total income of such persons and families
available for housing needs.
(2) The size of the family.
(3) The cost and condition of housing facilities available in the
different geographic areas of the state.
(4) The ability of such persons and families to compete
successfully in the private housing market and to pay the amounts
at which private enterprise is providing sanitary, decent, and safe
housing.
The standards shall, however, comply with the applicable limitations
of section 4(b) of this chapter.
"Residential facility for children" means a facility:
(1) that provides residential services to individuals who are:
(A) under twenty-one (21) years of age; and
(B) adjudicated to be children in need of services under IC 31-34 (or IC 31-6-4 before its repeal) or delinquent children
under IC 31-37 (or IC 31-6-4 before its repeal); and
(2) that is:
(A) a child caring institution that is or will be licensed under IC 31-27;
(B) a residential facility that is or will be licensed under IC 12-28-5; or
(C) a facility that is or will be certified by the division of mental
health and addiction under IC 12-23.
"Residential facility for persons with a developmental disability"
means a facility that is approved for use in a community residential
program for the developmentally disabled under IC 12-11-1.1.
"Residential housing" means a specific work or improvement
undertaken primarily to provide single or multiple family housing for
rental or sale to persons and families of low and moderate income,
including the acquisition, construction, or rehabilitation of lands,
buildings, and improvements to the housing, and such other
nonhousing facilities as may be incidental or appurtenant to the
housing.
"Sponsors", "builders", or "developers" means corporations,
associations, partnerships, limited liability companies, or other entities
and consumer housing cooperatives organized pursuant to law for the
primary purpose of providing housing to low and moderate income
persons and families.
"State" means the state of Indiana.
"Tenant programs and services" means services and activities for
persons and families living in residential housing, including the
following:
(1) Counseling on household management, housekeeping,
budgeting, and money management.
(2) Child care and similar matters.
(3) Access to available community services related to job training
and placement, education, health, welfare, and other community
services.
(4) Guard and other matters related to the physical security of the
housing residents.
(5) Effective management-tenant relations, including tenant
participation in all aspects of housing administration,
management, and maintenance.
(6) Physical improvements of the housing, including buildings,
recreational and community facilities, safety measures, and
removal of code violations.
(7) Advisory services for tenants in the creation of tenant
organizations which will assume a meaningful and responsible
role in the planning and carrying out of housing affairs.
(8) Procedures whereby tenants, either individually or in a group,
may be given a hearing on questions relating to management
policies and practices either in general or in relation to an
individual or family.
As added by Acts 1978, P.L.28, SEC.1. Amended by
P.L.60-1983, SEC.1; P.L.39-1984, SEC.1; P.L.40-1984, SEC.1;
P.L.28-1985, SEC.3; P.L.2-1992, SEC.54; P.L.81-1992, SEC.3;
P.L.1-1993, SEC.26; P.L.8-1993, SEC.72; P.L.61-1993, SEC.1;
P.L.62-1993, SEC.1; P.L.1-1994, SEC.22; P.L.1-1997, SEC.36;
P.L.79-1998, SEC.10; P.L.272-1999, SEC.4; P.L.215-2001, SEC.8;
P.L.1-2006, SEC.105; P.L.145-2006, SEC.11; P.L.181-2006, SEC.17;
P.L.99-2007, SEC.19; P.L.143-2011, SEC.1.