reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3 - Agency and Department Responsibilities › Section 50153.

50153. To further the goals of this division and to enable the success of a statewide housing program, it is essential, and the Legislature intends, that the agency and the department shall closely coordinate their activities to assure that the goals and purposes of this division are realized. To this end, the Secretary of Business, Consumer Services and Housing and the director of the department have been given a role on the board which administers the agency and approves major contractual agreements, and a veto power over agency regulations in certain policy areas as specified in Section 50462, and the agency is required to coordinate its activities with the department. Subject to these restrictions, however, and when carrying out its own unique responsibilities, the agency is relatively free of regulation by other agencies of state government.
(Amended by Stats. 2013, Ch. 352, Sec. 374. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3 - Agency and Department Responsibilities › Section 50154.

50154. The California Housing Finance Agency, within the Business, Consumer Services and Housing Agency, is a primary agency in the implementation of state housing policy. The agency’s role is to make financing opportunities available for the construction, rehabilitation, and purchase of housing for persons and families of low or moderate income by (a) borrowing in the securities markets and relending to housing sponsors, developers, and homeowners and (b) insuring loans made by the agency or by others for the same purposes. In general, the agency pays for its operations out of the excess of its interest revenue from loan repayments over the cost of the money it borrows or, in the case of insurance, by the excess of fees charged for the provision of insurance over the value of claims paid. The agency shall seek to implement the goals, policies, and objectives of the California Statewide Housing Plan and shall annually report on its progress toward compliance with priorities in the California Statewide Housing Plan.
(Amended by Stats. 2013, Ch. 352, Sec. 375. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3 - Agency and Department Responsibilities › Section 50156.

50156. The California Housing Finance Agency shall provide to the Legislature and the Legislative Analyst, in each annual report required by Section 51005, information concerning all units produced, assisted, or insured using agency funds. This information shall include, but shall not be limited to, the sales prices of these units, the number of units within various price ranges or price classifications, the rents being charged for the units, the number of rental units within each price range, the number of households by income level purchasing the units, and the number by household income occupying the rental units.
(Added by renumbering Section 50154 (as added by Stats. 1983, Ch. 323) by Stats. 1987, Ch. 904, Sec. 1. Effective September 21, 1987.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 1 - Definitions and General Provisions › Section 50172.

50172. As used in this chapter, the following terms have the following meanings:
(a)  “Certificate credit rate” means the rate of the credit allowed by this chapter which is specified in the mortgage credit certificate.
(b)  “Certified indebtedness amount” means the amount of indebtedness which meets both of the following criteria:
(1)  Is incurred by the taxpayer for any of the following purposes:
(A)  To acquire the principal residence of the taxpayer.
(B)  As a qualified home improvement loan, as defined by Section 103A( l)(6) of Title 26 of the United States Code, on that residence.
(C)  As a qualified rehabilitation loan, as defined by Section 103A( l)(7) of Title 26 of the United States Code.
(2)  Is specified in the mortgage credit certificate.
(c)  “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 50199.8.
(d)  “Federal act” means, for purposes of mortgage credit certificates, Section 612 of the Tax Reform Act of 1984 (Public Law 98-369).
(e)  “Issuer” means a state agency or local agency and includes a redevelopment agency, housing authority or other local entity, authorized by state law to issue qualified mortgage bonds, to which the committee has assigned an allocation under this chapter.
(f)  “Mortgage credit certificate” means any certificate which does all of the following:
(1)  Is issued under a qualified mortgage credit certificate program by a state or local agency that has authority to issue qualified mortgage bonds to provide financing on the principal residence of a taxpayer.
(2)  Is issued to a taxpayer by a state or local agency in connection with the acquisition, qualified rehabilitation, or qualified home improvement of the taxpayer’s principal residence.
(3)  Specifies the certificate credit rate and the certified indebtedness amount.
(g)  “Mortgage credit certificate program” means any program established by the state or a local agency for any calendar year in which the state or a local agency is authorized to issue qualified mortgage bonds and under which the issuing agency elects not to issue an amount of qualified mortgage bonds it may otherwise issue during the calendar year.
(Added by renumbering Section 50176 by Stats. 1994, Ch. 1164, Sec. 3. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 1 - Definitions and General Provisions › Section 50175.

50175. This chapter is enacted in implementation of the Mortgage Subsidy Bond Tax Act of 1980 (Title XI, Public Law 96-499) and Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). Accordingly, the definitions contained in this article and the provisions of this chapter shall be construed to be consistent with the purposes and provisions of those federal acts and in its implementation. This chapter does not apply to any issuance of bonds which is excepted from, or otherwise not affected by, the federal acts.
To the extent that any provision of this chapter is held to be inconsistent with or repugnant to the federal acts, the provision shall be given effect in accordance with its terms to the greatest extent possible and consistent with the federal acts, and the inconsistency shall have no effect on the remaining provisions of this chapter.
(Amended by Stats. 1985, Ch. 1399, Sec. 4. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50197.1.

50197.1. An issuer may establish a mortgage credit certificate program pursuant to this article.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50197.2.

50197.2. (a)  An issuer shall notify the committee if the issuer elects to exchange all or part of the issuer’s authority to issue qualified mortgage bonds for authority to issue mortgage credit certificates. The notification shall include a statement which does both of the following:
(1)  Specifies the amount of the qualified mortgage bond authority that the issuer will not be issuing in order to issue mortgage credit certificates.
(2)  Explains how the issuer shall assure that the dollar amount of mortgage credit certificate authority will not be exceeded.
(b)  An issuer may revoke the election if the issuer notifies the committee that it cannot successfully carry out that exchange.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50197.3.

50197.3. A mortgage credit certificate may be issued under a mortgage credit certificate program by a local agency pursuant to this chapter and the federal act, as defined by paragraph (2) of subdivision (f) of Section 50176.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50197.5.

50197.5. Any local agency may, upon the approval of the California Debt Limit Allocation Committee pursuant to subdivision (d) of Section 8869.85 of the Government Code, by written agreement assign to any other issuer having the authority to issue qualified mortgage bonds under the laws of this state all or any part of the local agency’s allocation pursuant to Sections 50189, 50190, and 50191 for the calendar year. Under the assignment, the issuer shall agree to issue mortgage credit certificates to qualifying homeowners of property located within the territory of the assigning local agency, provided however that if, after a reasonable attempt and for reasons beyond the control of the issuer, the issuer is unable to issue all of the assigned certificates to homeowners of property located within the territory of the assigning local agency, any remaining certificates may be issued to qualifying homeowners of property located within the county within which the assigning local agency is located.
(Added by Stats. 1989, Ch. 1069, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50197.7.

50197.7. If an issuer elects to exchange all or part of a supplementary allocation of qualified mortgage bonds for authority to issue mortgage credit certificates, the issuance of those mortgage credit certificates shall be subject to the restriction imposed by subdivision (b) of Section 50189.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50198.

50198. The requirement that public notice be given that mortgage credit certificates will be issued, prescribed by Section 25(e)(5) of Title 25 of the United States Code, may be satisfied by the issuer or its lenders advertising their issuance at least 90 days prior to the issuance of any mortgage credit certificate. If an issuer is required to file an application with the committee for a qualified mortgage bond allocation, it may commence advertising for the issuance of a mortgage credit certificate on the day it files its application with the committee.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50198.5.

50198.5. An issuer shall develop and maintain a list of lenders that have entered into an agreement with the issuer who will make loans to qualified holders of mortgage credit certificates, as provided by the federal act, as defined by paragraph (2) of subdivision (g) of Section 50176.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50199.

50199. Notwithstanding any other provision of law, after a list of lenders has been completed by an issuer, after the qualified mortgage bond allocation has been approved by the committee, and after the issuer has made the election to exchange all or part of the issuer’s authority to issue qualified mortgage bonds for authority to issue mortgage credit certificates, the issuer and its lenders shall have 90 days after the allocation is granted by the committee to establish, and file with the committee, a mortgage credit certificate program.
(Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.5 - Qualified Mortgage Bonds And Mortgage Credit Certificates › ARTICLE 2 - Mortgage Credit Certificates › Section 50199.2.

50199.2. Any issuer that establishes a mortgage credit certificate program may charge a fee which is reasonably sufficient to cover the costs of administering that program.
(Added by renumbering Section 50199.5 by Stats. 1994, Ch. 1164, Sec. 23. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.4.

50199.4. The Legislature hereby finds and declares all of the following:
(a)  The federal Tax Reform Act of 1986 (Public Law 99-514) and subsequent amendments to the Internal Revenue Code, including, but not limited to, the federal Revenue Reconciliation Act of 1989, establishes a low-income housing tax credit to stimulate the production and rehabilitation of shelter for lower income individuals and families.
(b)  The federal law allows credit of approximately 9 percent each year over a 10-year or 15-year period for expenses for new construction and rehabilitation of each qualifying low-income unit. A credit of approximately 4 percent each year over a 10-year or 15-year period is provided for the expenses of the acquisition of an existing building generally not placed in service within the last 10 years, and the construction and rehabilitation of each qualifying low-income unit financed with tax-exempt bonds or certain other federal subsidies.
(c)  The federal law limits the low-income housing tax credits that can be annually allocated by each state. This credit authorization is to be allocated by the state housing credit agency. Not less than 10 percent of that amount is required to be set aside for projects involving nonprofit organizations.
(d)  Federal law requires a plan for allocation of credit among projects, including selection criteria to be used to determine housing priorities that are appropriate to local conditions.
(e)  Federal law requires that the credit dollar amount allocated to a project not exceed the amount necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the credit period. This analysis shall include a determination of the reasonableness of developmental and operational costs.
(f)  The credit agency is required to perform certain other functions under federal tax law to ensure the availability of the credits and to ensure compliance with federal tax law.
(g)  It is necessary to designate the state housing credit agency and to establish an allocation system for the low-income housing credit.
(Added by renumbering Section 50199.6 by Stats. 1994, Ch. 1164, Sec. 24. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.5.

50199.5. The Legislature hereby finds and declares all of the following:
(a)  Section 42 of the Internal Revenue Code has been modified by the federal Revenue Reconciliation Act of 1989 to require that the housing credit agency establish a qualified allocation plan which sets forth selection criteria to be used to determine housing priorities that are appropriate to local conditions, and which gives preference in allocating housing credit dollar amounts to projects serving the lowest income tenants and projects obligated to serve low-income tenants for the longest periods.
(b)  The qualified allocation plan shall encompass and incorporate the criteria and requirements set forth in Section 50199.14.
(c)  Certain provisions of the California Tax Credit should be modified to conform to the changes to the federal low-income housing tax credit.
(d)  The Tax Credit Allocation Committee should, to the extent possible, allocate the California low-income housing tax credit using the same criteria and requirements used in allocating the federal tax credit.
(e)  The public interest is best served by the dissemination of information regarding the low-income housing tax credit program to all areas of the state, with special efforts in rural areas, to ensure greater knowledge and participation in the program.
(Added by renumbering Section 50199.7 by Stats. 1994, Ch. 1164, Sec. 25. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.6.

50199.6. (a)  This chapter is enacted to implement the low-income housing tax credit established by Section 42 of the Internal Revenue Code (26 U.S.C. Sec. 42) as it may be amended from time to time.
(b)  To the extent that any provision of this chapter is held to be inconsistent with, or repugnant to, federal law, the provision shall be given effect in accordance with its terms to the greatest extent possible and consistent with the federal law and inconsistency shall have no effect on the remaining provisions of this chapter.
(Added by renumbering Section 50199.8 by Stats. 1994, Ch. 1164, Sec. 26. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.7.

50199.7. As used in this chapter:
(a) “Committee” means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. All references to “committee” shall mean the California Tax Credit Allocation Committee.
(b) “Household” has the same meaning as defined in Section 7602 of Title 25 of the California Code of Regulations.
(c) “Housing credit” means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U.S.C. Sec. 42).
(d) “Housing credit applicant” means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:
(1) An allocation of a portion of the current state housing credit ceiling.
(2) A reservation of a portion of the anticipated state housing credit ceiling of a subsequent year.
(e) “Housing credit ceiling” means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)(3)(C)).
(f) “Qualified low-income building” or “project” has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(c)(2)).
(g) “Agricultural worker” or “farmworker” shall have the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code.
(h) (1) Before January 1, 2018, “farmworker housing” means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.
(2) On and after January 1, 2018, “farmworker housing” means housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.
(Amended by Stats. 2017, Ch. 372, Sec. 2. (AB 571) Effective September 29, 2017. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.8.

50199.8. The committee is composed of the Governor, or in the Governor’s absence, the Director of Finance, the Controller, the Treasurer, the Director of Housing and Community Development, and the Executive Director of the California Housing Finance Agency. Two representatives of local government, one representative of the counties appointed by the Senate Rules Committee, and one representative of the cities appointed by the Speaker of the Assembly shall serve as ex officio, nonvoting members. The Treasurer shall be the chairperson of the committee. The members of the committee shall serve without compensation. A majority of voting members shall be empowered to act for the committee. The committee may employ an executive director to carry out its duties under this chapter. The committee may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the committee any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the committee.
(Amended by Stats. 2019, Ch. 159, Sec. 9. (AB 101) Effective July 31, 2019. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.9.

50199.9. (a) The committee shall establish and charge fees which it determines are reasonably sufficient to cover all of the costs of the committee in carrying out its responsibilities under this chapter. The Tax Credit Allocation Fee Account is hereby established in the State Treasury. The fees shall be deposited by the committee in the Tax Credit Allocation Fee Account and shall be available, upon appropriation by the Legislature, to the committee for the purpose of covering all of those costs, except that fees may be shared, in an amount determined by the committee, with any state or local agency that assists the committee in performing its duties.
(b) Funds deposited in the Tax Credit Allocation Fee Account are continuously appropriated without regard to fiscal year for purposes of sharing with state and local agencies pursuant to subdivision (a).
(c) Until the time that sufficient fee revenue is received by the committee, the committee may borrow any money as may be required for the purpose of meeting necessary expenses of the operation of the committee, not to exceed the amount appropriated. Any loan made to the committee pursuant to this subdivision shall be repayable solely from moneys appropriated to the committee from the Tax Credit Allocation Fee Account and shall not constitute a general obligation for which the faith and credit of the state are pledged.
(d) There shall be established a subaccount within the Tax Credit Allocation Fee Account named the Occupancy Compliance Monitoring Account.
(e) Fees collected for the purpose of paying the costs of monitoring projects with allocations of tax credits for compliance with federal and state law, as required by Section 42(m) of the federal Internal Revenue Code, and Section 50199.15, shall be deposited in the Occupancy Compliance Monitoring Account to be used solely for this purpose. Any performance deposits forfeited to the committee shall be deposited in the Occupancy Compliance Monitoring Account.
(f) Notwithstanding any other law, the Controller may use the fees deposited in the accounts established by this section for daily cash flow loans to the General Fund or the General Cash Revolving Fund, as provided in Sections 16310 and 16381 of the Government Code.
(Amended by Stats. 2010, Ch. 719, Sec. 45. (SB 856) Effective October 19, 2010. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.11.

50199.11. The committee may also contract with other entities, including the department and the agency, to aid in the processing and review of applications.
(Repealed and added by Stats. 1990, Ch. 166, Sec. 7. Effective June 22, 1990. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.12.

50199.12. The committee shall adopt and supply forms for eliciting information for purposes of this chapter from housing credit applicants. Housing credit applicants shall provide the committee with any information requested by the committee in performing its duties and responsibilities under this chapter.
(Amended by Stats. 1994, Ch. 1164, Sec. 29. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.13.

50199.13. Except as specified in the application and as approved by the committee at initial reservation, no allocation or reservation of the housing credit ceiling under this chapter may be transferred by the housing credit applicant, unless the specific, written approval of the committee is obtained prior to the proposed transfer. Any transfer of an allocation or reservation shall be in writing and shall be subject to terms and conditions established by the committee.
(Amended by Stats. 1994, Ch. 1164, Sec. 30. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.15.

50199.15. (a) The committee shall annually submit to the Legislature by April 1 of each year a report specifying, with respect to its activities under this chapter during the previous calendar year, (1) the total amount of low-income housing credits allocated by the committee, (2) the total number of units assisted by the credit that are, or are to be, occupied by households whose income is 60 percent or less of area median gross income, (3) the amount of the credit allocated to each project, the other financing available to the project, and the number of units that are, or are to be, therein occupied by households whose income is 60 percent or less of area median gross income, and (4) sufficient information to identify the project.
(b) The committee shall also include in its annual report to the Legislature, an aggregation of the information which shall be submitted annually by housing sponsors for all projects which have received an allocation in previous years, specifying all of the following:
(1) Information sufficient to identify the project.
(2) The total number of units in the project.
(3) The total number of units assisted by the credit that are required to be occupied by households whose income is 60 percent or less of the area median gross income as a condition of receiving a tax credit.
(4) The total number of units assisted by the credit that are occupied by households whose income is 60 percent or less of the area median gross income.
(c) The committee shall also include in its annual report to the Legislature, any recommendations for improvement in the low-income housing tax credit.
(d) Commencing in the 2025 calendar year, the committee shall include in its annual report to the Legislature an aggregation of the information submitted by housing sponsors for all projects that have received an allocation on or after January 1, 2024, pursuant to the requirements of Section 50199.23.
(Amended by Stats. 2022, Ch. 316, Sec. 2. (AB 2873) Effective January 1, 2023. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.16.

50199.16. All acts and proceedings taken by the committee prior to the effective date of this chapter to allocate the housing credit ceiling for 1987 under the Governor’s proclamation dated February 27, 1987, are hereby confirmed, validated, and declared legally effective.
(Added by Stats. 1987, Ch. 658, Sec. 3. Effective September 15, 1987. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.17.

50199.17. (a)  The committee may adopt, amend, or repeal rules and regulations for the allocation of housing credits pursuant to this chapter and Sections 12206, 17053.14, 17058, 23608.2, 23608.3, and 23610.5 of the Revenue and Taxation Code without complying with the procedural requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as described in subdivision (b).
(b)  The committee shall provide a notice of proposed action as described in Section 11346.5 of the Government Code. The notice of proposed action shall be provided to the public at least 21 days before the close of the public comment period, and the committee shall schedule at least one public hearing as described in Section 11346.8 of the Government Code before the close of the public comment period. The committee shall maintain a rulemaking file as described in Section 11347.3 of the Government Code. The final version of the regulations shall be accompanied by a final statement of reasons as described in subdivision (a) of Section 11346.9 of the Government Code.
(c)  These rules and regulations shall be effective immediately upon adoption by the committee.
(d)  The committee may also adopt, amend, or repeal emergency rules and regulations pursuant to this chapter and pursuant to Sections 12206, 17053.14, 17058, 23608.2, 23608.3, and 23610.5 of the Revenue and Taxation Code. The adoption, amendment, or repeal of these regulations shall be conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning or purposes of Section 11346.1 of the Government Code.
(Amended by Stats. 2000, Ch. 311, Sec. 1. Effective September 7, 2000. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.18.

50199.18. This chapter shall remain in effect as long as Section 42 of the Internal Revenue Code, relating to low-income housing credits, remains in effect. However, repeal of this chapter shall not invalidate or in any way affect the duration of any previously allocated low-income tax credits.
(Amended by Stats. 1999, Ch. 893, Sec. 1. Effective January 1, 2000. Note: Temination provision applies to Chapter 3.6, comprising Sections 50199.4 to 50199.23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.20.

50199.20. (a) Not less than 20 percent of the federal ceiling on low-income housing tax credits shall be set aside for allocation to rural areas as defined in Section 50199.21. Any amount of credit set aside for rural areas remaining after the ranking of credits in the final cycle of any calendar year shall be available for allocation to any eligible project.
(b)  Up to 2 percent of the low-income housing tax credit available under this chapter and Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code may be set aside for small developments as determined by the committee. Any amount of credit set aside for small developments remaining after the ranking of projects in the final cycle of any calendar year shall be available for allocation to any eligible project.
(c) Not less than the amounts specified in clause (v) of subparagraph (B) of paragraph (1) and paragraph (4) of subdivision (g) of Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code shall be set aside to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 638, Sec. 1. (AB 1654) Effective January 1, 2023. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.21.

50199.21. (a) “Rural area” for the purpose of this chapter and Sections 17058 and 23610.5 of the Revenue and Taxation Code, means an area, which, on January 1 of any calendar year satisfies any of the following criteria:
(1) The area is eligible for financing under a multifamily housing program pursuant to Section 3560.1(a)(1) of Title 7 of the Code of Federal Regulations as it read on January 1, 2023, or successor program, of the United States Department of Agriculture Rural Development.
(2) The area is located in a nonmetropolitan area as defined in Section 50090.
(3) The area is any of the following:
(A) An incorporated city having a population of 40,000 or less as identified in the most recent Report E-1 published by the Demographic Research Unit of the Department of Finance.
(B) An unincorporated area that adjoins a city having a population of 40,000 or less, provided that the adjoining unincorporated area is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census.
(C) An unincorporated area that does not adjoin a city and is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census.
(b) The department shall assist in determinations of eligibility pursuant to paragraph (3) of subdivision (a) upon request. With respect to areas eligible under paragraphs (2) and (3) of subdivision (a), the committee may rely upon the recommendations made by the department. Any inconsistencies between areas eligible under subdivision (a) shall be resolved in favor of considering the area a rural area. Eligible and ineligible areas need not be established by regulation.
(Amended by Stats. 2023, Ch. 40, Sec. 12. (AB 129) Effective July 10, 2023. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 3.6 - Low-Income Housing Credit › Section 50199.22.

50199.22. (a)  Upon being informed that information, supplied by a housing credit applicant, or any person acting on behalf of a housing credit applicant, pursuant to this chapter or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, is false or is no longer true, upon finding that false information has been submitted or the information submitted is no longer true.
(b)  Appropriate action, which the committee may pursue upon finding that false information or information that is no longer true is submitted in connection with a housing credit application, includes the following:
(1)  Requiring the submission of certified, notarized, or third-party documents in support of the application.
(2)  Rejecting the application.
(3)  Cancelling a reservation of housing credits.
(4)  Bringing a judicial action to enjoin the use of the federal housing credit and the state tax credit authorized by Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code.
(5)  Disqualifying the housing credit applicant, its principals, and any person acting on behalf of the housing credit applicant from filing applications with the committee for a one-year period.
(6)  Reporting promptly, in writing, to the Internal Revenue Service and the Franchise Tax Board, any noncompliance with federal and state requirements or misrepresentations the committee finds were made by the housing credit applicant or any person acting on behalf of a housing credit applicant, pursuant to subdivision (a).
(Amended by Stats. 1994, Ch. 1164, Sec. 36. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 4 - General Provisions › Section 50200.

50200. The exercise of powers specified in this division will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions. Therefore, this division shall be liberally construed to effect its purposes. In the event of conflict between this division and any other provision of law, the provisions of this division shall be deemed controlling. If any clause, sentence, paragraph, or section of this division is held invalid by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining provisions.
(Added by Stats. 1979, Ch. 97.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 4 - General Provisions › Section 50201.

50201. Nothing in this division shall preclude the establishment of direct relationships between the federal government and local public entities or shall in any way alter the authority of local public entities to directly receive federal funds, nor shall anything in this division be construed to supersede or affect any other provision of law relating to the control of funds by local public entities. Further, nothing in this division shall affect the authority or reduce the obligations specified in Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code with respect to payment of relocation assistance or prevent the receipt or disbursement of federal funds made available to any governmental agency for such purpose.
(Amended by Stats. 1982, Ch. 466, Sec. 74.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 4 - General Provisions › Section 50202.

50202. Nothing in this division shall authorize the imposition of rent regulations or controls except by a regulatory contract between the agency or the department, as the case may be, and its housing sponsor or developer, for housing units financed, insured, coinsured or otherwise assisted by the agency or by the department, as the case may be. Except for the federal government, the right to control rent on such units shall reside exclusively in the agency or the department, as the case may be, and the housing sponsor or developer so regulated shall not otherwise be subject to controls on rent imposed by any state or local agency or other local public entity.
(Amended by Stats. 1982, Ch. 1447, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 4 - General Provisions › Section 50203.

50203. Nothing in this division shall be construed to authorize the creation of a debt or liability of the state within the meaning of Section 1 of Article XVI of the State Constitution.
(Added by Stats. 1979, Ch. 97.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 4 - General Provisions › Section 50204.

50204. State assistance shall not be awarded to, or otherwise available to or utilized in, any housing development that is subject to a requirement as a threshold or condition to apply or be eligible for the award of any funding that the development proponent receive a letter of acknowledgment, letter of approval, or similar document from the legislative body of a local agency or from a member of a local legislative body. For purposes of this section, “state assistance” includes any state funds, a state tax credit, or a federal tax credit administered by the state.
(Added by Stats. 2018, Ch. 800, Sec. 1. (AB 829) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 5 - Homeless Emergency Aid Program › Section 50210.

50210. For purposes of this chapter, the following definitions shall apply:
(a) “Administrative entity” means a unit of general purpose local government or a nonprofit organization that has previously administered federal Department of Housing and Urban Development Continuum of Care funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations that has been designated by the continuum of care to administer program funds.
(b) “Agency” means the Business, Consumer Services and Housing Agency.
(c) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(d) “County” includes, but is not limited to, a city and county.
(e) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2018.
(f) “Homeless point-in-time count” means the 2017 homeless point-in-time counts pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(g) “Program” means the Homeless Emergency Aid program established pursuant to this chapter.
(Amended by Stats. 2021, Ch. 398, Sec. 1. (AB 1220) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 5 - Homeless Emergency Aid Program › Section 50211.

50211. (a) The Homeless Emergency Aid program is hereby established for the purpose of providing localities with one-time flexible block grant funds to address their immediate homelessness challenges.
(b) The agency, in consultation with the council, shall administer the program, which shall provide block grant funds.
(c) The agency’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final.
(d) The agency shall maintain records of the following:
(1) The number of applications for program funding received by the agency.
(2) The number of applications for program funding denied by the agency.
(3) The name of each recipient of program funds.
(e) In administering this chapter, the agency shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2018, Ch. 48, Sec. 2. (SB 850) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 5 - Homeless Emergency Aid Program › Section 50212.

50212. (a) In order to be eligible for program funds, an administrative entity shall demonstrate the following:
(1) Except as otherwise provided in subdivision (b), the jurisdiction or jurisdictions that the administrative entity represents for which funding is requested have, at the time of the award, declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code.
(2) The applicants within the administrative entity have collaborated in its application, and have committed to future collaboration, with other city, county, or nonprofit partners. Recipients may submit a regional plan.
(b) Notwithstanding subdivision (a), an administrative entity representing cities and counties included in the three groupings with the lowest three homeless point-in-time count thresholds pursuant to Section 50213 may submit a waiver for the requirement for a declaration of a shelter crisis, as required by paragraph (1) of subdivision (a). Upon approval by the agency during a given round of awards, a city, county, or city that is also a county shall be eligible to receive program funds through the administrative entity.
(Added by Stats. 2018, Ch. 48, Sec. 2. (SB 850) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 31 - HOUSING AND HOME FINANCE › PART 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS › CHAPTER 5 - Homeless Emergency Aid Program › Section 50214.

50214. (a) Program funds shall be expended on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid.
(b) No more than 5 percent of programs funds may be used for administrative costs related to the execution of eligible activities. For purposes of this subdivision, “administrative costs” does not include staff costs directly related to carrying out the eligible activities pursuant to subdivision (a). Program funds shall not be used for overhead or planning activities.
(c) An administrative entity shall use no less than 5 percent of its total allocation to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness.
(Amended by Stats. 2019, Ch. 497, Sec. 168. (AB 991) Effective January 1, 2020.)