reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 3 - Alternative Revenues › Section 61124.

61124. (a) A district may charge standby charges for water, sewer, or water and sewer services pursuant to the Uniform Standby Charge Procedures Act, Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5.
(b) If the procedures set forth in the former Chapter 1 (commencing with Section 61750) of the former Part 6 of the former Division 1 as it read at the time a standby charge was established were followed, the district may, by resolution, continue to collect the charge in successive years at the same rate from parcels within the district to which water or sewers are made available for any purpose by the district, whether the water or sewers are actually used or not. If new, increased, or extended assessments are proposed, the district shall comply with the notice, protest, and hearing procedures in Section 53753.
(Amended by Stats. 2007, Ch. 27, Sec. 10. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61125.

61125. Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to acquire, construct, improve, rehabilitate, or replace the facilities authorized by this division, or for funding or refunding any outstanding indebtedness, the board of directors may incur debt and raise revenues pursuant to this chapter or any other provision of law.
(Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61126.

61126. (a) Whenever a board of directors determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real property, the board of directors may proceed pursuant to Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code.
(b) Notwithstanding subdivision (a), a district shall not incur bonded indebtedness pursuant to this section that exceeds 15 percent of the assessed value of all taxable property in the district at the time that the bonds are issued.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61127.

61127. A board of directors may finance any enterprise and issue revenue bonds pursuant to the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61128.

61128. A district may finance facilities and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61129.

61129. A district may levy benefit assessments to finance facilities consistent with the requirements of Article XIII D of the California Constitution, including, but not limited to, benefit assessments levied pursuant to any of the following:
(a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code.
(b) The Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code.
(c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code.
(d) The Landscaping and Lighting Assessment Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, notwithstanding Section 22501 of the Streets and Highways Code.
(e) Any other statutory authorization enacted on or after January 1, 2006.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61130.

61130. A district may acquire and improve land, facilities, or equipment and issue securitized limited obligation notes pursuant to Article 7.4 (commencing with Section 53835) of Chapter 4 of Part 1 of Division 2 of Title 5.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 4 - Capital Financing › Section 61131.

61131. (a) A district may issue promissory notes to borrow money and incur indebtedness for any lawful purpose, including, but not limited to, the payment of current expenses, pursuant to this section.
(b) The total amount of indebtedness incurred pursuant to this section outstanding at any one time shall not exceed 5 percent of the district’s total enterprise and nonenterprise revenues in the preceding fiscal year. Any indebtedness incurred pursuant to this section shall be repaid within five years from the date on which it is incurred. Any indebtedness incurred pursuant to this section shall bear interest at a rate which shall not exceed the rate permitted under Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5.
(c) Each indebtedness incurred pursuant to this section shall be authorized by resolution adopted by a four-fifths vote of the total membership of the board of directors and shall be evidenced by a promissory note signed by the president of the board of directors and the general manager.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61140.

61140. (a) Whenever a board of directors determines that it is in the public interest to provide different services, provide different levels of service, provide different facilities, or raise additional revenues within specific areas of the district, it may form one or more zones pursuant to this chapter.
(b) The board of directors shall initiate proceedings for the formation of a new zone by adopting a resolution that does all of the following:
(1) States that the proposal is made pursuant to this chapter.
(2) Sets forth a description of the boundaries of the territory to be included in the zone.
(3) States the reasons for forming the zone.
(4) States the different services, different levels of service, different facilities, or additional revenues that the zone will provide.
(5)  Sets forth the methods by which those services, levels of service, or facilities will be financed.
(6) Proposes a name or number for the zone.
(c)  A proposal to form a new zone may also be initiated by a petition signed by not less than 10 percent of the registered voters residing within the proposed zone. The petition shall contain all of the matters required by subdivision (b).
(d) Upon the adoption of a resolution or the receipt of a valid petition, the board of directors shall fix the date, time, and place for the public hearing on the formation of the zone. The board of directors shall publish notice of the hearing, including the information required by subdivision (b), pursuant to Section 6061 in one or more newspapers of general circulation in the district. The board of directors shall mail the notice at least 20 days before the date of the hearing to all owners of property within the proposed zone. The board of directors shall post the notice in at least three public places within the territory of the proposed zone.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61141.

61141. (a) At the hearing, the board of directors shall hear and consider any protests to the formation of the zone. If, at the conclusion of the hearing, the board of directors determines either that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, or that property owners who own more than 50 percent of the assessed value of all taxable property in the proposed zone have filed written objections to the formation, then the board of directors shall terminate the proceedings. If the board of directors determines that the written objections have been filed by 50 percent or less of those voters or property owners who own 50 percent or less than the assessed value of all taxable property, then the board of directors may proceed to form the zone.
(b) If the resolution or petition proposes that the zone use special taxes, benefit assessments, fees, standby charges, bonds, or notes to finance its purposes, the board of directors shall proceed according to law. If the voters or property owners do not approve those funding methods, the zone shall not be formed.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61142.

61142. A board of directors may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 61140 and 61141.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61143.

61143. A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the boundaries of a zone, or a proposal to dissolve a zone.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61144.

61144. (a) As determined by the board of directors, a district may provide any service, any level of service, or any facility within a zone that the district may provide in the district as a whole.
(b) As determined by the board of directors and pursuant to the requirements of this division, a district may exercise any fiscal powers within a zone that the district may exercise in the district as a whole.
(c) Any special taxes, benefit assessments, rates, fees, charges, standby charges, bonds, or notes which are intended solely for the support of services or facilities within a zone, shall be levied, assessed, and charged within the boundaries of the zone.
(d) A district shall not incur a general obligation bonded indebtedness for the benefit of a zone pursuant to this section that exceeds 5 percent of the assessed value of all taxable property in the zone at the time that the bonds are issued. In computing this limit, the 5 percent shall include any other general obligation bonded indebtedness applicable to that zone.
(e) A district shall not issue promissory notes for the benefit of a zone pursuant to Section 61131 that exceed 5 percent of the zone’s total enterprise and nonenterprise revenues in the preceding fiscal year. In computing this limit, the 5 percent shall include any other promissory notes applicable to that zone.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 3 - COMMUNITY SERVICES DISTRICTS › PART 3 - PURPOSES, SERVICES, AND FACILITIES › CHAPTER 5 - Zones › Section 61226.5.

61226.5. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6.
(Added by Stats. 2005, Ch. 158, Sec. 10. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 1 - General Provisions › Section 62000.

62000. As used in this division, the following terms have the following meanings:
(a) “Authority” means the Community Revitalization and Investment Authority created pursuant to this division.
(b) “Plan” means a community revitalization and investment plan and shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution.
(c) “Plan area” means territory included within a community revitalization and investment area.
(d) “Revitalization project” means a physical improvement to real property funded by the authority.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 1 - General Provisions › Section 62007.

62007. (a) Every five years, beginning in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in tax increment revenues, including any proceeds of a debt issuance, for the purposes of subdivision (c) of Section 62003, the authority shall contract for an independent audit to determine compliance with the affordable housing requirements of Chapter 1 (commencing with Section 62100) and Chapter 2 (commencing with Section 62115) of Part 2, including provisions to ensure that the requirements are met within each five-year period covered by the audit and completed no later than the time limit established pursuant to subdivision (g) of Section 62003. The audit shall be conducted according to guidelines established by the Controller, which shall be established on or before December 31, 2021. A copy of the completed audit shall be provided to the Controller. The Controller shall not be required to review and approve the completed audits.
(b) Where the audit demonstrates a failure to comply with the requirements of Chapter 1 (commencing with Section 62100) and Chapter 2 (commencing with Section 62115) of Part 2, the authority shall adopt and submit to the Controller, as part of the audit, a plan to achieve compliance with those provisions as soon as feasible, but in not less than two years following the audit findings. The Controller shall review and approve the compliance plan, and require the compliance plan to stay in effect until compliance is achieved. The Controller shall ensure that the compliance plan includes one or more of the following means of achieving compliance:
(1) The expenditure of an additional 10 percent of gross tax increment revenue on increasing, preserving, and improving the supply of low-income housing.
(2) An increase in the production, by an additional 10 percent, of housing for very low income households as required by paragraph (2) of subdivision (b) of Section 62120.
(3) The targeting of expenditures pursuant to Section 62100 exclusively to rental housing affordable to, and occupied by, persons of very low and extremely low income.
(c) If an authority is required to conduct an audit pursuant to subdivision (a) in advance of the issuance of the Controller’s guidelines, then it shall prepare an updated audit pursuant to the Controller’s guidelines on or before January 1, 2023.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 1 - General Provisions › Section 62008.

62008. (a) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days following receipt of a written notice of the failure from the Controller, the authority shall forfeit to the state:
(1) Two thousand five hundred dollars ($2,500) in the case of an authority with a total revenue, in the prior year, of less than one hundred thousand dollars ($100,000), as reported in the Controller’s annual financial reports.
(2) Five thousand five hundred dollars ($5,500) in the case of an authority with a total revenue, in the prior year, of at least one hundred thousand dollars ($100,000) but less than two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports.
(3) Ten thousand dollars ($10,000) in the case of an authority with a total revenue, in the prior year, of at least two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports.
(b) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days after receipt of a written notice pursuant to subdivision (a) for two consecutive years, the authority shall forfeit an amount that is double the amount of the forfeiture assessed pursuant to subdivision (a).
(c) (1) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days after receipt of a written notice pursuant to subdivision (a) for three or more consecutive years, the authority shall forfeit an amount that is triple the amount of the forfeiture assessed pursuant to subdivision (a).
(2) The Controller shall conduct, or cause to be conducted, an independent financial audit report.
(3) The authority shall reimburse the Controller for the cost of complying with this subdivision.
(d) Upon the request of the Controller, the Attorney General shall bring an action for the forfeiture in the name of the people of the State of California. If the Attorney General fails to respond to the request within 90 days of its receipt, then any other available remedies may be exercised. An action filed pursuant to this section to compel an agency to comply with this section is in addition to any other remedy and is not an exclusive means to compel compliance.
(e) Upon satisfactory showing of good cause, the Controller shall waive the forfeiture requirements of this section.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62102.

62102. (a) Except as specified in subdivision (d), each authority shall expend over each 10-year period of the community revitalization plan the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low income and housing for persons of very low income in at least the same proportion as the total number of housing units needed that each of those income groups bears to the total number of units needed for persons of moderate, low, and very low income within the community, as those needs have been determined for the community pursuant to Section 65584. In determining compliance with this obligation, the authority may adjust the proportion by subtracting from the need identified for each income category, the number of units for persons of that income category that are newly constructed over the duration of the implementation plan with other locally controlled government assistance and without agency assistance and that are required to be affordable to, and occupied by, persons of the income category for at least 55 years for rental housing and 45 years for ownership housing, except that in making an adjustment the agency may not subtract units developed pursuant to a replacement housing obligation under state or federal law.
(b) Each authority shall expend over the duration of each plan, the moneys in the Low and Moderate Income Housing Fund to assist housing that is available to all persons regardless of age in at least the same proportion as the number of low-income households with a member under 65 years of age bears to the total number of low-income households of the community as reported in the most recent census of the United States Census Bureau.
(c) An authority that has deposited in the Low and Moderate Income Housing Fund over the first five years of the period of a plan an aggregate that is less than two million dollars ($2,000,000) shall have an extra five years to meet the requirements of this section.
(d) For the purposes of this section, “locally controlled” means government assistance where the city or county that created the authority or other local government entity has the discretion and the authority to determine the recipient and the amount of the assistance, whether or not the source of the funds or other assistance is from the state or federal government. Examples of locally controlled government assistance include, but are not limited to, the Community Development Block Grant Program (42 U.S.C. Sec. 5301 et seq.) funds allocated to a city or county, the Home Investment Partnership Program (42 U.S.C. Sec. 12721 et seq.) funds allocated to a city or county, fees or funds received by a city or county pursuant to a city or county authorized program, and the waiver or deferral of city or other charges.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62103.

62103. Every community revitalization plan shall contain both of the following:
(a) A provision that requires, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a revitalization project, the authority to, within two years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs, as defined by Section 50052.5 of the Health and Safety Code, within the territorial jurisdiction of the authority, in accordance with all of the provisions of Sections 62120 and 62120.5.
(b) A provision that prohibits the number of housing units occupied by extremely low, very low-, and low-income households, including the number of bedrooms in those units, at the time the plan is adopted, from being reduced in the plan area during the effective period of the plan.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62104.

62104. Programs to assist or develop low- and moderate-income housing pursuant to this part shall be entitled to priority consideration after a program implemented by a housing successor pursuant to Section 34176.1 of the Health and Safety Code for assistance in housing programs administered by the California Housing Finance Agency, the Department of Housing and Community Development, and other state agencies and departments, if those agencies or departments determine that the housing is otherwise eligible for assistance under a particular program.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62105.

62105. The same notice requirements as specified in Section 65863.10 shall apply to multifamily rental housing that receives financial assistance pursuant to Sections 62100 and 62101.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62106.

62106. Notwithstanding Sections 62100 and 62101, assistance provided by an authority to preserve the availability to lower income households of affordable housing units within the plan area which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates may be credited and offset against an agency’s obligations under Section 62100.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62107.

62107. (a) Except as otherwise provided in this subdivision, not later than six months following the close of any fiscal year of an authority in which excess surplus accumulates in the authority’s Low and Moderate Income Housing Fund, the authority may adopt a plan pursuant to this section for expenditure of all moneys in the Low and Moderate Income Housing Fund within five years from the end of that fiscal year. The plan may be general and need not be site-specific, but shall include objectives respecting the number and type of housing to be assisted, identification of the entities, which will administer the plan, alternative means of ensuring the affordability of housing units for the longest feasible time, as specified in subdivision (e) of Section 62101 the income groups to be assisted, and a schedule by fiscal year for expenditure of the excess surplus.
(b) The authority shall separately account for any excess surplus accumulated each year either as part of or in addition to a Low and Moderate Income Housing Fund.
(c) If the authority develops a plan for expenditure of excess surplus or other moneys in the Low and Moderate Income Housing Fund, a copy of that plan and any amendments to that plan shall be included in the authority’s annual report pursuant to Section 62006.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62109.

62109. (a) Notwithstanding Sections 50079.5, 50093, and 50105 of the Health and Safety Code, for purposes of providing assistance to mortgagors participating in a homeownership residential mortgage revenue bond program pursuant to Section 33750 of the Health and Safety Code, or a home financing program pursuant to Section 52020 of the Health and Safety Code, or a California Housing Finance Agency home financing program, “area median income” means the highest of the following:
(1) Statewide median household income.
(2) Countywide median household income.
(3) Median family income for the area, as determined by the United States Department of Housing and Urban Development with respect to either a standard metropolitan statistical area or an area outside of a standard metropolitan statistical area.
(b) To the extent that any portion of the Low and Moderate Income Housing Fund is expended to provide assistance to mortgagors participating in programs whose income exceeds that of persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, the authority shall, within two years, expend or enter into a legally enforceable agreement to expend twice that sum exclusively to increase and improve the community’s supply of housing available at an affordable housing cost, as defined in Section 50052.5, to lower income households, as defined in Section 50079.5 of the Health and Safety Code, of which at least 50 percent shall be very low income households, as defined in Section 50105 of the Health and Safety Code.
(c) In addition to the requirements of subdivision (c) of Section 33413 of the Health and Safety Code, the authority shall require that the lower and very low income dwelling units developed pursuant to this subdivision remain available at an affordable housing cost to lower and very low income households for at least 45 years, except as to dwelling units developed with the assistance of federal or state subsidy programs which terminate in a shorter period and cannot be extended or renewed.
(d) The authority shall include within the report required by Section 62008 information with respect to compliance by the agency with the requirements of this subdivision.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62110.

62110. The covenants or restrictions imposed by the authority pursuant to subdivision (f) of Section 62101 may be subordinated under any of the following alternatives:
(a) To a lien, encumbrance, or regulatory agreement under a federal or state program when a federal or state agency is providing financing, refinancing, or other assistance to the housing units or parcels, if the federal or state agency refuses to consent to the seniority of the authority’s covenant or restriction on the basis that it is required to maintain its lien, encumbrance, or regulatory agreement or restrictions due to statutory or regulatory requirements, adopted or approved policies, or other guidelines pertaining to the financing, refinancing, or other assistance of the housing units or parcels.
(b) To a lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of owner-occupied units or parcels where the authority makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available.
(c) To an existing lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of rental units, where the agency’s funds are utilized for rehabilitation of the rental units.
(d) To a lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of rental units or parcels where the authority makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available, and where the authority obtains written commitments reasonably designed to protect the authority’s investment in the event of default, including, but not limited to, any of the following:
(1) A right of the authority to cure a default on the loan.
(2) A right of the authority to negotiate with the lender after notice of default from the lender.
(3) An agreement that if prior to foreclosure of the loan, the authority takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the authority.
(4) A right of the authority to purchase property from the owner at any time after a default on the loan.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62111.

62111. Subsidies provided pursuant to subdivision (e) of Section 62100 may include payment of a portion of the principal and interest on bonds issued by a public agency to finance housing for persons and families specified in that paragraph if the authority ensures by contract that the benefit of the subsidy will be passed on to those persons and families in the form of lower housing costs.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 1 - Housing for Persons of Low and Moderate Income › Section 62112.

62112. For each interest in real property acquired using moneys from the Low and Moderate Income Housing Fund, the authority shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose. These activities may include, but are not limited to, zoning changes or agreements entered into for the development and disposition of the property. If these activities have not been initiated within this period, the city or county that created the authority may, by resolution, extend the period during which the authority may retain the property for one additional period not to exceed five years. The resolution of extension shall affirm the intention of the city or county that the property be used for the development of housing affordable to persons and families of low and moderate income. In the event that physical development of the property for this purpose has not begun by the end of the extended period, or if the authority does not comply with this requirement, the property shall be sold and the moneys from the sale, less reimbursement to the agency for the cost of the sale, shall be deposited in the authority’s Low and Moderate Income Housing Fund.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62115.

62115. The authority shall prepare a feasible method or plan for relocation of all of the following:
(a) Families and persons to be temporarily or permanently displaced from housing facilities in the plan area.
(b) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area.
(c) The relocation plan required by this section shall comply with the relocation plan and assistance requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62116.

62116. The city, county, or city and county that created the authority shall insure that the method or plan of the authority for the relocation of families or single persons to be displaced by a revitalization project shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement and that all other requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code are met. The housing units shall be suitable to the needs of those displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The authority shall not displace the person or family until the housing units are available and ready for occupancy.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62117.

62117. Whenever all or any portion of a revitalization plan area is developed with low- or moderate-income housing units and whenever any low- or moderate-income housing units are developed with any authority assistance or pursuant to Section 62120, the authority shall require in the recorded covenants for those units that the housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the revitalization project. Those persons and families shall be given priority in renting or buying that in advance of marketing the units to the general public. Failure to give that priority shall not affect the validity of title to real property; however, a unit may not be counted as a replacement or production unit in the event of noncompliance with this provision. The authority shall keep a list of persons and families of low and moderate income displaced by the revitalization project who are to be given priority, and may establish reasonable rules for determining the order or priority on the list. The list shall be provided to the owner of those properties at or before any certificate of occupancy is issued.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62118.

62118. If insufficient suitable housing units are available in the plan area for low- and moderate-income persons and families to be displaced from a community revitalization area, the city council or board of supervisors that created the authority shall assure that sufficient land be made available within its territorial jurisdiction for suitable housing for rental or purchase by low- and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by persons and families of low and moderate income displaced by the revitalization project, the authority may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the community, both inside and outside of revitalization plan areas.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62119.

62119. Permanent housing facilities shall be made available within two years from the time occupants are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to the units from which the displaced occupants were displaced.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62120.5.

62120.5. (a) Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate-income housing market, the authority shall adopt by resolution a replacement housing plan. Not less than 30 days prior to adopting a replacement housing plan by resolution, the authority shall make available a draft of the proposed replacement housing plan for review and comment by property owners and residents within the plan area, any persons who have requested notice of that replacement housing plan, other public agencies, and the general public.
The replacement housing plan shall include all of the following:
(1) A description of the housing to be destroyed or removed, including the address, parcel number, number and size of units, whether the units are occupied, and if so, the income categories of the occupants, if that information is available, whether the units are rental or ownership, the rent levels or sale price of the units, and if the units have existing affordable covenants, the nature and source of the subsidy and duration of the covenants.
(2) A description of the housing to be rehabilitated, developed, or constructed pursuant to Section 62120 to replace the units described in paragraph (1), including the general location of the replacement units, the number and size of the replacement units, the affordability levels of the replacement units, whether the replacement units will be rental or ownership, and duration of the affordability covenants applicable to the units.
(3) An analysis of the cost of producing the replacement units and a description of the source and adequacy of funds or financing, or both, available for the rehabilitation, development, or construction.
(4) A finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained.
(5) The timetable for meeting the plan’s relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by Section 62120 but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the low- and moderate-income housing market until the agency has by resolution adopted a replacement housing plan.
(b) Nothing in this section shall prevent an authority from destroying or removing from the low- and moderate-income housing market a dwelling unit which the authority owns and which is an immediate danger to health and safety. The authority shall, as soon as practicable, adopt by resolution a replacement housing plan with respect to that dwelling unit pursuant to this part.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62120.7.

62120.7. An authority causing the rehabilitation, development, or construction of replacement dwelling units, other than single-family residences, pursuant to Section 62120, or pursuant to a replacement housing plan as required by Section 62120.5, or pursuant to provisions of a revitalization plan required by Section 62103, primarily for persons of low income, as defined in Section 50093 of the Health and Safety Code, shall give preference to those developments that are proposed to be organized as limited-equity housing cooperatives, when so requested as part of the public review, provided the project is achievable in an efficient and timely manner.
The limited-equity housing cooperatives shall, in addition to the provisions of Section 817 of the Civil Code, be organized so that the consideration paid for memberships or shares by the first occupants following construction or acquisition by the corporation, including the principal amount of obligations incurred to finance the share or membership purchase, does not exceed 3 percent of the development cost or acquisition cost, or of the fair market value appraisal by the permanent lender, whichever is greater.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62121.

62121. An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, including the making of those payments financed by the federal government.
This section shall not be construed to limit any other authority which an authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for that payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 2 - Housing › CHAPTER 2 - Replacement and Location › Section 62122.

62122. In order to facilitate the rehousing of families and single persons displaced by any governmental action, an authority, at the request of the city council or board of supervisors that created the authority, may dispose of the real property acquired under the provisions of subdivision (b) of section 62201, by sale or long-term lease, for use as, or development of, housing for those displaced persons.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62200.

62200. “Real property” means any of the following:
(a) Land, including land under water and waterfront property.
(b) Buildings, structures, fixtures, and improvements on the land.
(c) Any property appurtenant to or used in connection with the land.
(d) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by those liens.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)