reglab/statecodes huggingface dataset:
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8212.1 - Allocation by Type of Activity and Rural Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) HOME funds will be divided into three
					 separate allocations, one for rental projects, one for programs, and one for
					 first-time homebuyer projects, with the percentage of each allocation based on
					 the actual application demand expressed as a dollar amount requested in
					 response to the initial NOFA of a funding cycle. However, under the initial
					 NOFA, in no event shall the allocation for rental projects or the allocation
					 for programs decline below 40 percent of the total funds available, and in no
					 event shall the allocation for first-time homebuyer projects decline below 5
					 percent of the total funds available.
(b) If the minimum allocation is not fully
					 subscribed for applications submitted under the initial NOFA, the remaining
					 funds may be:
(i) transferred to another
					 allocation;
(ii) made available
					 under a subsequent NOFA; or
(iii) a
					 combination of both (i) and (ii). Funds made available under a subsequent NOFA
					 may be:
(A) made available on a first
					 come-first served basis for a maximum of nine months from the application
					 deadline under the initial NOFA, or
(B) for programs, may be divided equally
					 among all eligible applicants requesting funds.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8212.2 - Uniform Multifamily Underwriting and Program Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following sections of title 25,
					 Division 1, Chapter 7, Subchapter 19 are hereby incorporated by reference into
					 this subchapter and shall apply to rental housing developments. State
					 Recipients may request a deviation from these rules on a case by case basis.
					 Such a request will be evaluated to determine its impact on project
					 feasibility. The Department at its sole discretion may or may not approve such
					 a request.
(1) Section 8303. Site Control
					 Requirements;
(2) Section 8304.
					 Unit Standards;
(3) Section 8305.
					 Tenant Selection;
(4) Section 8306.
					 Tenant Recertification and Unit Mix Maintenance;
(5) Section 8307. Rental Agreement and
					 Grievance Procedure;
(6) Section
					 8308. Operating Reserves.
(7)
					 Section 8309. Replacement Reserves.
(8) Section 8310. Underwriting
					 Standards;
(9) Section 8311. Limits
					 on Development Costs;
(10) Section
					 8312. Developer Fee;
(11) Section
					 8313. Reserved.
(12) Section 8314.
					 Use of Operating Cash Flow.
(13)
					 Section 8315. Subordination Policy
(14) Section 8316. Leasehold
					 Security
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8212.3 - Deep Targeting Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For purposes of this section, the term "deep targeting funds" means additional
					 funds awarded to rental projects to provide rents below the 50% of area median
					 income rent level as set forth in the NOFA.
(b) In addition to the maximum award amount
					 set forth in a NOFA, and subject to the provisions of this section, a NOFA may
					 make deep targeting funds available for the purpose of reducing project rents
					 through reduction or elimination of non-public agency debt that requires debt
					 service payments.
(c) The NOFA
					 shall establish the reduced rent levels required in order for a project to be
					 eligible to receive deep targeting funds.
(d) As a result of the reduction in mandatory
					 debt service, all rents shall be maintained at the area median income levels
					 proposed in the HOME application for a minimum of 55 years for cities,
					 counties, Developers and CHDOs and 50 years for projects on Native American
					 Lands as defined in Section 8201 (y)(1), pursuant to a HOME regulatory
					 agreement or a regulatory agreement held by another government financing
					 agency.
(e) The following projects
					 shall not be eligible to receive deep targeting funds.
(i) Projects proposing to use nine percent
					 Low Income Housing Tax Credits.
(ii) Rental rehabilitation projects that are
					 not requesting HOME funds for acquisition.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8215 - Project Set-up and Disbursement of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon notification from the State
					 Recipient, Developer or CHDO that it is ready to set up each project in the
					 federal disbursement and information system:
(1) The State Recipient, Developer or CHDO
					 shall submit to the Department the project set-up report required by 24 CFR
					 Section 92.502 (b), prior to the first disbursement requests.
(2) The Department shall verify that the
					 project is in compliance with the applicable conditions contained in the
					 standard agreement.
(3) Upon
					 verification of subsections (a)(1) and (a)(2), the Department shall set up the
					 project with HUD in the federal disbursement and information
					 system.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8216 - Reporting and Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Reporting Requirements
(1) Upon execution of the standard agreement
					 required by Section 8214, and no later than 10 days following the last day of
					 the month, recipients of project funds shall submit a monthly status report
					 and, for projects currently under construction, a monthly labor compliance
					 certification. The State Recipient, Developer or CHDO shall continue to submit
					 the monthly status report until the final project completion report is accepted
					 in the federal disbursement and information system. The monthly status report
					 shall include the following:
(A) information
					 to determine the progress of efforts to comply with environmental and labor
					 standards requirements;
(B)
					 information to determine the progress of efforts to obtain all necessary
					 project financing;
(C) information
					 to determine the progress of efforts to obtain required local government
					 approvals for the project;
(D)
					 information to determine whether there have been any changes in project site
					 control;
(E) information to
					 determine the timeline for completion of the project;
(F) current contact information for
					 individuals or firms overseeing the development of the
					 project.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8217 - Project Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, the
					 following terms have the following meanings:
(1) "Contract" means the standard agreement
					 required by section 8214. The contract shall designate each activity listed
					 therein as either a "project" or a "program".
(2) "Contractor" means a CHDO or State
					 Recipient or Developer that has executed a contract with the
					 Department.
(3) "Expenditure" means
					 the Department has received a valid disbursement request for the
					 funds.
(4) "Performance points"
					 means those points made available pursuant to Section 8212(d)(1)(A).
(5) "Project" means an activity for which, at
					 the time of application, there is an identified site and an identified
					 borrower. No substitution of the site shall be permitted after the submission
					 of an application to the Department.
(6) "Program" means an activity for which, at
					 the time of application, there is no identified site or no identified
					 borrower.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8217.1 - Identification and Set-up Deadlines for Contracts Numbered Prior to 1999. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-27-99; operative 12-27-99 pursuant to Government Code section
						11343.4(d) (Register 99, No. 53).
2. Change without regulatory
						effect adding section heading filed 7-28-2000 pursuant to section 100, title 1,
						California Code of Regulations (Register 2000, No. 30).
3. Repealer
						filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4
						(Register 2004, No. 37).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR Sections 92.454(a)(2) and 92.500(d);
						  and Sections 50896 and 50896.1, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8218 - Cancellation and Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding allocations to state recipients,
					 Developers and CHDOs shall be canceled or reduced and standard agreements shall
					 be terminated or amended by the department under any one of the following
					 conditions:
(1) State recipients, Developers
					 or CHDOs are not in compliance with the requirements of HOME or the standard
					 agreement;
(2) implementation of
					 the local HOME program is not in compliance with the time frames and goals
					 stated in the state recipient's, Developer's or CHDO's application and standard
					 agreement;
(3) special conditions
					 for funding as stated in the standard agreement have not been fulfilled;
					 or
(4) the department has been
					 notified by HUD of a reduction in or elimination of the department's allocation
					 of HOME funds.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8219 - State Recipient Administration of CHDO Local Programs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section 8219 to new section 8217 and new section filed
						3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d)
						(Register 97, No. 11).
2. Repealer filed 9-9-2004; operative
						9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
						37).
Note: Authority cited: Section 50406, Health and Safety
						  Code. Reference: 24 CFR Sections 92.201 and
						  92.502.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 17 - State Home Investment Partnership Act Program › Article 4 - Program Operations › Section 8220 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section 8220 to new section 8218 filed 3-14-97; operative
						3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No.
						11).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 1 - General › Section 8250 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 part of the Thompson-Maddy-Ducheny-Ashburn Welfare-to-Work Act of 1997, (Ch.
					 270, stats. of 1997, codified at Education Code sections 8277.5 and 8277.6),
					 the Legislature established the Child Care and Development Facilities Loan
					 Guaranty Fund (hereafter, the "Loan Guaranty Fund") and the Child Care and
					 Development Facilities Direct Loan Fund (hereafter, the "Direct Loan Fund")
					 (combined, the "Funds"), and mandated that the Department of Housing and
					 Community Development (the "department") administer the Funds, and establish
					 regulations for implementing and managing the Funds.
(b) The purpose of this subchapter is to
					 implement, interpret, and make specific the legislative provisions establishing
					 and governing the Loan Guaranty Fund and the Direct Loan Fund as set forth in
					 Education Code Part 6, Chapter 2, Article 12, sections 8277.5 and 8277.6 (the
					 "statutes"). These regulations shall be referred to as the "Child Care
					 Facilities Financing Program," or "CCFFP."
(c) This subchapter makes child care facility
					 assistance available through three programs:
(1) a program, to be administered by the
					 department or a department contractor, to guaranty loans;
(2) a direct loan program which may be
					 administered directly by the department or through a department contractor;
					 and
(3) a microenterprise assistance
					 program whereby the department will make assistance available to local
					 microenterprises to assist eligible family child care homes serving more than
					 six (6) children.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 1 - General › Section 8251 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise indicated by the context, the following
						definitions shall apply to this subchapter.
(a) "Amortized" or "amortized loan" means a
					 loan which shall be repaid in regular payments of principal and interest
					 sufficient to pay off the loan at maturity.
(b) "Applicant" means an entity applying for
					 a guaranty, a direct loan, or microenterprise assistance.
(c) "Application" means the information
					 provided by a borrower applying for a guaranty, a direct loan, or
					 microenterprise assistance.
(d)
					 "Borrower" means an applicant who has received a guaranty, a direct loan, or
					 microenterprise assistance, but does not include an "intermediary."
(e) "Child care and development facility"
					 means any residence or building or part thereof in which child care and
					 development services are provided.
(f) "Child care and development services"
					 means those services designed to meet a wide variety of needs of children and
					 their families, while their parents or guardians are working, in training,
					 seeking employment, incapacitated, or in need of respite. These services may
					 include direct care and supervision, instructional activities, resource and
					 referral programs, and alternative payment arrangements.
(g) "Collateral" means real or personal
					 property pledged by a borrower, guarantor or intermediary as security for
					 repayment of a direct loan, microenterprise, guarantied loan or intermediary
					 loan.
(h) "Collection guaranty"
					 means a guaranty of a specified percentage of net loan principal and up to 120
					 days of interest at the same percentage. "Net loan principal" means the amount
					 of loan principal remaining outstanding after the lender has fully complied
					 with the collection procedures described in sections 8261 and 8262 of this
					 subchapter.
(i) "Community Care
					 Licensing Division" means the same as "licensing agency" which means the State
					 Department of Social Services, or its contractor.
(j) "Contractor" means a public or private
					 entity under contract to the department or the department's contractor for the
					 purpose of administering loan guaranties, direct loans or
					 microenterprise.
(k) "Creditworthy"
					 means that with the loan, the borrower will have the ability to, for the
					 reasonably foreseeable future, remain a going concern, and repay the loan on
					 the agreed to terms.
(l) "Default"
					 means:
(1) either a delinquency, or a
					 nonmonetary breach of the lender's loan documents, or
(2) that the borrower is in
					 bankruptcy.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8252 - Eligible Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Eligible applicants for program assistance shall include,
						but are not limited to, sole proprietorships, partnerships, proprietary or
						nonprofit corporations, or local public agencies, that are responsible for
						contracting with or providing licensed child care and development
						services.
1. New
						article 2 (sections 8252-8257) and section filed 4-16-99 as an emergency;
						operative 4-16-99 (Register 99, No. 16). A Certificate of Compliance must be
						transmitted to OAL by 10-13-99 pursuant to Education Code section 8277.6 or
						emergency language will be repealed by operation of law on the following
						day.
2. New article 2 (sections 8252-8257) and section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repeal of article 2 (sections 8252-8257) and section by
						operation of Government Code section 11346.1(g) (Register 2000, No.
						9).
4. New article 2 (sections 8252-8257) and section filed
						2-2-2001; operative 2-2-2001 pursuant to Government Code section 11343.4(c)
						(Register 2001, No. 5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(d)(1), 8277.5(e)(1) and 8277.6(c), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8253 - Eligible Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Facilities eligible for program assistance shall include
						full-day and part-day child care and development facilities, and family child
						care homes serving more than six (6) children.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Section 8277.6(c), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8254 - Eligible Project and Program Priorities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible to receive program
					 assistance, the proposed project shall create new child care and development
					 capacity, or preserve capacity that would otherwise be lost without the program
					 assistance.
(b) To be eligible to
					 receive program assistance, the proposed project or applicant must also meet
					 one of the following program priorities:
(1)
					 More than fifty percent (50%) of the capacity being created or preserved shall
					 be for any combination of:
(A) Infant care for
					 children from birth to three (3) years of age;
(B) After school care for children from five
					 (5) to fourteen (14) years of age;
(C) Non-traditional operating hours care
					 (e.g. during evenings and weekends);
(D) Serve special needs children. "Special
					 needs" means children with professionally diagnosed disabilities which may
					 include physical, mental, and/or medical impairments; or
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8255 - Eligible Use of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Program assistance shall only be used for the following purposes: purchase,
					 development, construction, expansion, acquisition or improvement of child care
					 and development facilities that are, or will be, licensed; related equipment
					 and fixtures; and may be used to refinance existing loans as provided in
					 subsection (b).
(1) Loan proceeds used for
					 improvements shall only be used to fund improvements necessary for any of the
					 following purposes:
(A) to obtain, maintain,
					 renew, expand, or revise a child care license;
(B) to make necessary health and safety
					 improvements;
(C) to make seismic
					 improvements;
(D) to provide access
					 for disabled children.
(E) to
					 expand or preserve existing child care operations
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8256 - Additional Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As a condition of receiving a guaranty or direct loan, a
						successful applicant shall agree in writing to:
(a) provide licensed child care and
					 development services in the facility being assisted with the guaranty or direct
					 loan for a period of twenty (20) years, or the term of the guaranty or direct
					 loan, whichever is shorter; and
(b)
					 waive any claims against, and to indemnify and hold harmless, the State of
					 California, including the department and its contractors from and against any
					 and all claims, costs, and expenses stemming from operation and maintenance of
					 the facility being assisted with program assistance, or the environmental
					 degradation of the site upon which the facility is located.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(d)(4), (d)(5), (e)(3) and 8277.6(h) Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 2 - General Program Requirements › Section 8257 - Availability of Loan Guaranties and Direct Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loan guaranties shall be funded with
					 funds from the Loan Guaranty Fund. Direct loans and microenterprise assistance
					 shall be funded with funds from the Direct Loan Fund. The aggregate amount of
					 all outstanding loan guaranties shall not exceed four (4) times the balance of
					 the Loan Guaranty Fund, and the aggregate amount of all outstanding direct
					 loans and microenterprise assistance shall not exceed the amount in the Direct
					 Loan Fund.
(b) Each application for
					 a guaranty or a direct loan shall be date stamped upon receipt by the
					 department or its contractor. Loan guaranties and direct loans shall be made
					 available to eligible applicants with complete applications by the department
					 or its contractor using an "over-the-counter" process whereby applications will
					 be accepted, processed and evaluated on an on-going basis in the order they are
					 received so long as funds remain available.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(d) and (e), 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 3 - Guaranty Program › Section 8258 - Guaranty Application Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall apply for a guaranty to the department
						or its contractor by providing the department or its contractor with the same
						information provided to the lender that will be the beneficiary of the guaranty
						and by providing all of the information set forth in subsections (a) and (r) of
						section 8269 of this subchapter. The applicant shall also include a lender
						certification with the application and a statement made under penalty of
						perjury that the information submitted is true and correct to the best of the
						applicant's knowledge.
1. New
						article 3 (sections 8258-8263) and section filed 4-16-99 as an emergency;
						operative 4-16-99 (Register 99, No. 16). A Certificate of Compliance must be
						transmitted to OAL by 10-13-99 pursuant to Education Code section 8277.6 or
						emergency language will be repealed by operation of law on the following
						day.
2. New article 3 (sections 8258-8263) and section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repeal of article 3 (sections 8258-8263) and section by
						operation of Government Code section 11346.1(g) (Register 2000, No.
						9).
4. New article 3 (sections 8258-8263) and section filed
						2-2-2001; operative 2-2-2001 pursuant to Government Code section 11343.4(c)
						(Register 2001, No. 5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 3 - Guaranty Program › Section 8259 - Guaranty Application Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department or its contractor shall review and process
						a guaranty application in accordance with the following procedures:
(a) Within thirty (30) working days of
					 receipt of an application for a guaranty, the department or its contractor
					 shall review the application and provide the applicant with written notice as
					 to whether the applicant and proposed project are eligible to receive a
					 guaranty, and whether the application is sufficiently complete to allow further
					 processing. If the applicant or project is ineligible, or if the application is
					 incomplete, the notice shall specify the steps, if any, the applicant may take
					 to correct the identified deficiencies.
(b) Within sixty (60) days of the mailing of
					 notification that an application is eligible for further processing, the
					 department or its contractor shall notify the applicant in writing of the
					 department's or contractor's approval or denial of the guaranty request. If the
					 decision is to approve the application, the applicant shall be notified of any
					 conditions placed on the approval, and the department or its contractor shall
					 issue a commitment to guaranty, and an executed guaranty to the lender. If the
					 decision is to deny the application, the applicant shall be informed of the
					 reasons for the denial.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 3 - Guaranty Program › Section 8261 - Demand Procedures for Guarantees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lender may make a demand upon the
					 department or its contractor for repayment of the unpaid loan principal and
					 interest pursuant to the terms of the guaranty by delivering a demand letter
					 requesting immediate payment of the guarantied portion of loan interest and
					 principal to the department or its contractor. The demand letter shall include
					 proof that the borrower is in default and that the lender has delivered to both
					 the borrower and the department or its contractor the following written
					 notices:
(1) In the case of a monetary
					 default, a minimum of two (2) notices subsequent to the delinquency upon which
					 the default is based, at least thirty (30) days apart, explaining the
					 consequences of failure to remedy the delinquency; or
(2) In the case of a non-monetary breach of
					 the loan documents, a minimum of two (2) notices of the breach, at least thirty
					 (30) days apart, explaining the consequences of failure to remedy the breach;
					 and
(3) Notwithstanding the above
					 provisions of this subsection, the lender shall not be required to deliver any
					 notice of a monetary default or non-monetary breach subsequent to a borrower's
					 filing for bankruptcy.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 3 - Guaranty Program › Section 8262 - Collection Requirements for Collection Guaranties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lender shall not be authorized to file
					 a demand for a collection guaranty unless it has complied with this section,
					 and demand procedures contained in section 8261.
(b) The lender must liquidate all collateral,
					 but shall not be required to file a lawsuit against any borrower or guarantor.
					 "Liquidate" as used in this subsection (b) means that the lender has exhausted
					 all collateral by one or more of the following methods:
(1) Converted the collateral to cash;
					 or
(2) Demonstrated, to the
					 satisfaction of the department or its contractor that the collateral is without
					 sufficient value to convert to cash; or
(3) Demonstrated that the borrower has filed
					 for bankruptcy.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 3 - Guaranty Program › Section 8263 - Termination of Guaranty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 guaranty shall terminate upon full repayment of the guarantied loan.
(b) Except for a guaranty of a loan made to a
					 family child care provider who has submitted a cessation notice declaring the
					 intent to resume child care and development services in accordance with section
					 8260(k)(11), a guaranty shall terminate one hundred twenty (120) days from the
					 lender's receipt of notice that the borrower has either ceased making payments
					 or providing child care and development services in the facility for which the
					 guarantied loan was made, or both, unless the lender has served the borrower
					 with a written notice of default prior to the end of the one hundred twenty
					 (120) day period.
(c) In the event
					 a family child care provider has ceased to provide child care and development
					 services but has retained its license and has notified the lender and
					 department or its contractor of its intent to resume providing child care and
					 development services in accordance with section 8260(k)(11), the guaranty shall
					 terminate one hundred twenty (120) days from the resumption of services date
					 declared in the cessation notice, or any amended resumption of services date
					 declared in an amended cessation notice unless:
(1) the lender receives a written statement
					 from the provider made under penalty of perjury stating that the provider has a
					 current license and has resumed providing child care and development services;
					 or
(2) the lender has served the
					 borrower with a written notice of default prior to the end of the hundred
					 twenty (120) day period after the resumption of services date, or any amended
					 resumption of services date.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8264 - Loan Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the terms and conditions set forth in
						Article 2 of this subchapter, direct loans shall also be subject to all of the
						following conditions:
(a) A direct
					 loan shall not be made in an amount less than twenty-five thousand dollars
					 ($25,000.00), and the total outstanding balance of direct loans to any one
					 borrower, including principal and interest, shall not exceed two million
					 dollars ($2,000,000).
(b) The total
					 amount of a direct loan shall not exceed fifty percent (50%) of the applicant's
					 total investment in the project.
(1)
					 "Investment" means the total cost paid or incurred by the applicant in
					 constructing, renovating, or acquiring a facility, and for related equipment
					 and fixtures
(2) If the applicant
					 is also receiving a guaranty provided pursuant to this subchapter for the same
					 project, the direct loan amount shall not exceed twenty percent (20%) of the
					 investment.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8265 - Loan Term

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term of a direct loan shall be commensurate with the
						type of asset being financed and the borrower's ability to repay, and shall not
						exceed twenty (20) years.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(e)(3), 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8266 - Interest Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The interest rate for a direct loan shall be set at the
						time of application, shall be fixed for the term of the loan, and shall be set
						at a rate equivalent to the Surplus Money Investment Fund rate in effect on
						December 31 of the preceding calendar year.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(e)(3), 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8267 - Repayment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A direct loan shall be amortized to be fully repaid by
						the end of the loan term, except that principal and/or interest payments may be
						deferred during construction and initial project start up period so long as the
						deferral or reduced payment does not result in a balloon payment at the end of
						the loan term. Late charges on principal and interest payments may be charged
						as permitted by law.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(e)(3), 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8268 - Security/Collateral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Repayment of a direct loan shall be secured by reasonably
						available collateral which may include, but shall not be limited to, a deed of
						trust or personal guaranties of any shareholders or partners.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(e)(3), 8277.6(b) and (g), Education
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8270 - Application Processing and Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten (10) working days of receipt
					 of an application for a direct loan, the department or its contractor shall
					 provide the applicant with written notice as to whether the applicant and
					 proposed project are eligible to receive a direct loan, and whether the
					 application is sufficiently complete to allow further processing. If the
					 applicant or project is ineligible, or if the application is incomplete, the
					 notice shall specify the steps, if any, the applicant may take to correct the
					 identified deficiencies
(b) Within
					 sixty (60) working days of notifying an applicant that an application is
					 complete and has been accepted for further processing, the department or its
					 contractor shall render a written decision on the application.
(c) The department or its contractor shall
					 approve a direct loan application when it finds that all of the following
					 requirements have been met:
(1) The applicant
					 and the project are eligible;
(2)
					 All costs to be funded with direct loan proceeds are eligible costs;
(3) The project is in accordance with the
					 threshold and priority criteria set forth in section 8254;
(4) The business to be assisted using direct
					 loan funds is creditworthy;
(5)
					 Repayment of the loan is secured by reasonably available collateral which may
					 include, but shall not be limited to, a deed of trust on the property assisted
					 with the direct loan and the personal guaranties of any shareholders or
					 partners;
(6) The total of all
					 funds available to the project are sufficient to accomplish the project;
					 and
(7) Sufficient funds remain
					 available in the Direct Loan Fund to fully fund the loan.