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 12 - Emergency Housing and Assistance Program › Section 7966 - Capital Development Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A capital development grant includes any
				  single eligible activity or combination of eligible activities described in
				  section 7961(a)(2) and (8), for which these combined costs at a single site
				  exceed $20,000.
(b) Allowable costs
				  for a capital development grant are those identified in subsection 7961(c), and
				  limited to expenditures for approved eligible activities completed within the
				  term of the standard agreement.
(c)
				  The maximum capital development grant shall be $150,000 per site.
(d) Reserved.
(e) Applications for capital development
				  grants must be made separately from applications for operating facilities
				  grants.
(f) For regions where the
				  DLB is authorized to select capital development grant applications, such
				  applications shall be submitted to the DLB for selection pursuant to this
				  subchapter and the approved LESS.
(g) For regions where there is no DLB, or the
				  DLB is not authorized to select capital development grants, capital development
				  grant applications shall be submitted to the Department for determination of
				  eligibility, rating and ranking. These applications shall provide the
				  information necessary for the Department's evaluation pursuant to subsections
				  (i) and 7967(b).
(h) For regions
				  where the DLB is not authorized to select capital development grants, the DLB
				  may elect to preclude applications for capital development grants, provided
				  this determination and the treatment of any capital development grant
				  allocation is identified in the LESS.
(i) A capital development project shall be
				  deemed feasible, where an evaluation by the RTE, as applicable, demonstrates
				  and certifies to all of the following:
(1) The
				  legal status, finances and projected cash-flow, technical feasibility, and the
				  accuracy of the project's schedule demonstrate the probability of a successful
				  completion of the project;
(2) The
				  project's design and materials and the proposed labor needs and costs
				  demonstrate that the project is devoid of non-essential or luxury design or
				  materials;
(3) The current
				  ownership and potential ownership of the real property demonstrate that control
				  of the real property is sufficient to enable the project to be completed and to
				  be operated for at least five years beyond completion, without jeopardizing the
				  Department's security;
(4) The
				  proposed schedule corresponds with the scope of the project and demonstrates
				  that the project shall be completed within the initial term of the standard
				  agreement.
(5) The management team
				  proposed for the project has the experience and ability to efficiently and
				  successfully complete the project as proposed.
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 12 - Emergency Housing and Assistance Program › Section 7967 - Grant Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  grant selection process shall involve eligible applications received by a DLB
				  or the Department in response to the applicable NOFA.
(b) Each of the following selection criteria
				  shall be specified in the Statewide NOFA:
(1)
				  The applicant's capability of achieving the activities and results proposed in
				  the application. An applicant's capability will be evaluated based on such
				  items as its history of providing client housing; organizational structure and
				  staffing; experience of establishing, administering, and successfully
				  completing homeless programs; experience of public and private fundraising and
				  resource development; established financial management systems; financial
				  stability and solvency; and demonstrated ability and readiness for
				  accomplishing its proposed activities.
(2) The impact and effectiveness of the
				  client housing provided and proposed to be provided by the applicant. Impact
				  and effectiveness will be evaluated based on such items as the range and
				  quality of client housing provided, including the self-sufficiency development
				  services provided with transitional housing; how the proposed activity(ies)
				  address community needs; and the demonstrated effectiveness of the applicants'
				  current and proposed programs to move homeless persons into a self-supporting
				  environment.
(3) The
				  cost-efficiency of the proposed use of grant funds for providing client
				  housing. Cost efficiency will be evaluated based on such items as the type and
				  amount of client housing provided compared to the project budget; the
				  demonstrated availability of other financial resources besides EHAP to support
				  achievement of the proposed activity(ies); the need for EHAP funds; leveraging
				  of EHAP with other funds; non-duplication of services; and coordination with
				  other organizations.
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 12 - Emergency Housing and Assistance Program › Section 7968 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any applicant shall be entitled to appeal the grant selection activities or
				  other activities of the DLB for the region it serves and to which it applied,
				  by submitting a written petition for a hearing to the DLB within seven days
				  following the date the DLB makes the final rating and ranking of eligible
				  applications available to the public.
(1) The
				  written petition shall:
(A) Provide the name,
				  address and telephone number of the petitioner;
(B) Clearly describe each activity
				  disputed;
(C) Clearly explain why
				  the activity is disputed; and
(D)
				  State the remedy the petitioner is seeking.
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 12 - Emergency Housing and Assistance Program › Section 7969 - Confirmation Process for Initial Grant Selections of a Designated Local Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All grant selections made by DLBs shall be subject to confirmation by the
				  Director.
(b) The transmittal of
				  initial grant selections by a DLB to the Department shall include all of the
				  following:
(1) An overview of the DLB actions
				  taken on all applications,
(A) Organized into
				  three groups: those applications deemed ineligible, those deemed eligible and
				  selected for funding, and those deemed eligible but not selected for funding;
				  and
(B) Identifying each
				  application by applicant name, grant type, grant amount requested, eligibility,
				  the rate and rank achieved by each eligible application during the selection
				  process, and the DLB's initial funding determination; and
(C) Providing, for each application deemed
				  ineligible, an explanation of the basis for that determination; or
(D) Providing, for each application deemed
				  eligible a summary of the score achieved on each criterion, and the proposed
				  grant amount.
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 12 - Emergency Housing and Assistance Program › Section 7970 - Grantee Contract Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following a grant award by the Director,
				  the Department shall contract directly with the grantee. The contract shall be
				  known as the "standard agreement" and shall include the items specified in this
				  section.
(b) The following
				  information shall appear in each standard agreement:
(1) A clear and accurate identification of
				  the grantee and the Department;
(2)
				  The timeframe for the performance of the approved project activities;
(3) The amount of the grant, clearly
				  expressed as the maximum amount, and the basis upon which payment is to be
				  made; and
(4) A clear and complete
				  statement of the activities and services the grantee will perform and
				  provide.
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 12 - Emergency Housing and Assistance Program › Section 7971 - Procedures and Requirements for Procuring Contracts for Services or Materials Under a Capital Development Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each grantee awarded a capital
				  development grant shall ensure that the requirements of this section are
				  complied with
(1) In all its contracts or
				  subcontracts for services and materials to be paid for with grant proceeds;
				  and
(2) By all its contractors
				  and/or subcontractors providing or contracting for services and/or materials to
				  be paid for with grant proceeds.
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 12 - Emergency Housing and Assistance Program › Section 7972 - Requirements for Construction, Conversion or Rehabilitation Performed by the Grantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  grantee, which chooses to perform all or part of the labor and/or to provide
				  all or part of the materials necessary to construct or rehabilitate the
				  approved project, shall comply with the requirements of this section.
(b) Grant proceeds shall not be used to pay
				  any family member of any person on the board of directors or staff of the
				  grantee.
(c) The grantee shall
				  enter into a written contract with each subcontractor, pursuant to the
				  requirements of section 7971.
1. Repealer
					 and new section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94,
					 No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealer and new section refiled 7-8-94 as an emergency;
					 operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be
					 transmitted to OAL by 11-7-94 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealer and new section
					 refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A
					 Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Repealer and new section refiled 2-15-95 as an emergency;
					 operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be
					 transmitted to OAL by 6-15-95 or emergency language will be repealed by
					 operation of law on the following day.
5. Repealer and new section
					 refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A
					 Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 6-15-95 order transmitted to
					 OAL 6-26-95 and filed 7-12-95 (Register 95, No.
					 28).
Note: Authority cited: Sections 50402, 50801.5 and
						50806.5, Health and Safety Code. Reference: Sections 50802.5 and 50803, 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 12 - Emergency Housing and Assistance Program › Section 7973 - Budget Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After the award is made, the Department may approve changes to a project budget
				  provided the requested budget change complies with either subsection (b) or
				  (c).
(b) The proposed budget
				  change:
(1) Does not substantially change the
				  specific clients served by the approved project activities; and
(2) Continues to meet the priorities and
				  criteria imposed during the respective grant selection process; and
(3) Results in a product, substantially the
				  same as the originally-approved product, that costs the same as or less than
				  the originally proposed product; and
(4) Will be completed by substantially the
				  same date as allowed for the originally proposed product.
(5) In competitive regions, does not affect
				  the list of awarded applications in a manner which would cause any application
				  to be added to or removed from the list.
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 12 - Emergency Housing and Assistance Program › Section 7975 - Monitoring Grant Activities and Closing-Out Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each DLB shall monitor the subsequent
				  activities funded by grants from an allocation to the DLB's region.
(b) The Department shall monitor activities
				  funded by grants selected and awarded by the Department pursuant to a Statewide
				  NOFA or where the DLB's designation has been terminated and it has transferred
				  its records to the Department per section 7953(j) and may monitor grantees in
				  DLB regions pursuant to the terms of the standard agreement.
(c) When a DLB is responsible for monitoring
				  grant performance, the DLB may review and approve each request for disbursement
				  from grant funds prior to submittal to the Department for review, approval, and
				  payment.
(d) A DLB shall report
				  immediately to the Department
(1) Any failure
				  by a grantee to comply with the requirements of the program and/or the standard
				  agreement; and
(2) Any need for the
				  Department to halt the disbursement of grant funds or to halt activities funded
				  by a grant.
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 12 - Emergency Housing and Assistance Program › Section 7976 - Performance Evaluation of a Designated Local Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall evaluate the
				  performance of each DLB on an annual basis.
(b) This process shall involve an evaluation
				  of the degree to which:
(1) Eligible
				  recipients in the region participate in the development of the LESS:
(2) The performance of the DLB conforms to
				  the procedures and requirements of the LESS and the requirements of this
				  subchapter;
(3) The DLB achieves
				  the goals and objectives established in the LESS, as measured by the eligible
				  applications received and selected within the region;
(4) The participation of the DLB resulted in
				  the increased efficient and effective use of program funds allocated to the
				  region; and
(5) Program grant
				  activities within the region are monitored and, consequently, the degree to
				  which grant activities conform to program requirements.
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 12.5 - Homelessness Prevention and Rapid RE-Housing Program › Section 7980 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The purpose of these regulations is to establish policies and procedures for
				  the administration of state contracts (known as "Standard Agreements")
				  previously entered into between the Department of Housing and Community
				  Development (Department) and awardees of federal Homelessness Prevention and
				  Rapid Re-housing Program (HPRP) funds. Standard Agreements were previously
				  entered into pursuant to emergency regulations which were in effect from
				  September 8, 2009 through March 8, 2010.
(b) These regulations apply to all
				  subgrantees that are parties to a Standard Agreement entered into with the
				  Department for receipt and administration of HPRP funds.
1. New
					 subchapter 12.5 (sections 7980-7980.3) and section filed 1-26-2011; operative
					 2-25-2011 (Register 2011, No. 4). For prior history of subchapter 12.5
					 (articles 1-4, sections 7980-7984.2), see Register 2010, No.
					 12.
Note: Authority cited: Sections 50406(h), 50406(i),
						50406(n) and 50407, Health and Safety Code. Reference: Public Law 111-5
						(American Recovery and Reinvestment Act of 2009), Division A, Title
						XII.
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 12.5 - Homelessness Prevention and Rapid RE-Housing Program › Section 7980.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "HUD" means the
				  U.S. Department of Housing and Urban Development.
(b) "HUD Notice" means the "Notice of
				  Allocations, Application Procedures, and Requirements for Homelessness
				  Prevention and Rapid Re-Housing Program Grantees under the American Recovery
				  and Reinvestment Act of 2009" published on March 19, 2009, as Docket No.
				  FR-5307-N-01, which is hereby incorporated by reference; and the "Corrections
				  and Clarifications" published on June 8, 2009, as Docket No. FR-5307-N-02,
				  which is hereby incorporated by reference.
(c) "Subgrantee" means any entity that is a
				  party to a Standard Agreement, other than the Department.
1. New
					 section filed 1-26-2011; operative 2-25-2011 (Register 2011, No.
					 4).
Note: Authority cited: Sections 50406(h), 50406(i),
						50406(n) and 50407, Health and Safety Code. Reference: Public Law 111-5
						(American Recovery and Reinvestment Act of 2009), Division A, Title
						XII.
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 12.5 - Homelessness Prevention and Rapid RE-Housing Program › Section 7980.2 - Drawdown of Funds and Financial Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requests for drawdown of grant amounts
				  shall be made in a format provided by the department requesting the following
				  information:
(1) Subgrantee identification,
				  grant number, and contact information.
(2) List of budget activities, approved
				  budget amount, amounts previously drawn down, and requested draw
				  amount.
(3) Certification by an
				  authorized representative of the subgrantee that the request is in accordance
				  with the terms of the approved Standard Agreement.
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 12.5 - Homelessness Prevention and Rapid RE-Housing Program › Section 7980.3 - Record Keeping and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subgrantees shall abide by all record
				  keeping and reporting requirements of the HUD Notice.
(b) HPRP funds are subject to reporting
				  requirements established by the American Recovery and Reinvestment Act of 2009
				  ("ARRA"), as specified by HUD and the federal Office of Management and Budget
				  (OMB).
(c) Reporting requirements
				  include evaluating and certifying eligibility of program participants for
				  persons receiving medium term rental assistance at least once every three (3)
				  months. "Certification" means a written assertion, based on supporting evidence
				  that must be kept available for inspection by HUD, by the Inspector General of
				  HUD, and by the public.
(d) The
				  lead agency of a multi-agency agreement is responsible for obtaining,
				  consolidating, and reporting all data from partner agencies.
(e) Following are the minimum reporting
				  requirements for subgrantees (the timing of these reports is as established in
				  the Standard Agreement):
(1) Initial
				  performance report.
(2) Quarterly
				  performance reports.
(3) Annual
				  performance reports.
(4)
				  Transparency and accountability requirements for recipients of ARRA
				  funds.
(5) OMB ARRA performance
				  progress report data elements.
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 13 - Mobile Home Park Resident Ownership Program › Article 1 - General › Section 8000 - Scope and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations establish the Mobilehome Park
						Rehabilitation and Purchase Fund and the policies and procedures for the
						allocation and use of financial assistance from the Mobilehome Park Purchase
						Fund consistent with the objectives and requirements of the statutes. The
						department may provide financing from the fund for the following types of
						program loans:
(a) conversion loans,
					 pursuant to Section 8006;
(b)
					 blanket loans, pursuant to Section 8008; and
(c) individual loans, pursuant to Section
					 8010.
1. New
						Subchapter 13 (Sections 8000-8032, not consecutive) filed 11-25-85; effective
						upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No.
						48).
2. Amendment of subchapter heading, section and NOTE filed
						5-11-2001; operative 5-11-2001 pursuant to Government Code section 11343.4
						(Register 2001, No. 19).
3. Change without regulatory effect
						amending section filed 10-13-2015 pursuant to section 100, title 1, California
						Code of Regulations (Register 2015, No. 42).
Note: Authority cited: Sections 50406(n) and 50786(a),
						  Health and Safety Code. Reference: Sections 50406, 50406.2 50780, 50781, 50783
						  and 50784, 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 13 - Mobile Home Park Resident Ownership Program › Article 2 - Program Requirements › Section 8006 - Conversion Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Conversion loans from the fund shall provide short term financing for
					 conversion costs to resident organizations, qualified nonprofit housing
					 sponsors, and local public entities. Conversion loans shall not exceed any of
					 the following:
(1) To the extent possible, 50
					 percent of the conversion costs for the project. However, the loan may be up to
					 95 percent of the approved conversion costs attributable to the percentage of
					 lower income households in the park when approved by the department.
(2) the maximum loan amount established in
					 each request for proposals pursuant to Section 8004(c).
In addition, the total debt secured in a senior position
						to the department's loan plus the department's loan shall not exceed 115% of
						the value of the collateral securing the loan. The amount of any item of
						conversion cost shall be subject to department approval based on its necessity,
						reasonableness, eligibility, and impact on the financial feasibility and
						security of the project. The loans shall have a maximum term of three years.
						Borrowers shall make monthly payments of interest only during the loan term
						unless an alternative repayment term has been approved pursuant to Section
						8004(d) and shall repay the loans upon the recordation of permanent financing
						documents to complete the conversion 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 13 - Mobile Home Park Resident Ownership Program › Article 2 - Program Requirements › Section 8008 - Blanket Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Blanket loans from the fund shall provide long term permanent financing to
					 resident organizations, qualified nonprofit housing sponsors and local public
					 entities for the purpose of achieving affordable housing costs for low-income
					 residents.
The loans shall not exceed any of the following:
(1) To the extent possible, 50 percent of the
					 conversion costs attributable to low-income spaces. The department may approve
					 loan amounts up to 95 percent of the approved conversion costs attributable to
					 the percentage of lower income households in the park. The department may grant
					 the higher loan amounts only if the project applicants demonstrate that no
					 other funds are available and the project would not otherwise be
					 feasible.
(2) the aggregate need
					 for assistance of low-income residents who possess the tenancy rights of
					 Sections 798.12 of the Civil Code. The amount approved for a blanket loan, as a
					 percentage of the total project cost, shall not exceed the percentage of park
					 residents who are low income.
(3)
					 the loan limit established pursuant to Section 8004(c).
Projects receiving blanket loans shall have
						department-approved programs of assistance for low-income residents. A program
						of assistance shall establish the financial mechanism used by a resident
						organization to direct the benefits of a blanket loan to low-income residents,
						which may include, but is not limited to rent skewing and internal loans. The
						amount of any item eligible for funding with a blanket loan shall be subject to
						department approval based on its necessity, reasonableness, eligibility, and
						impact on the financial feasibility and security of the project.
Blanket loans shall not have terms in excess of 40 years.
						The loans shall have monthly payments amortized over the term of the loan
						unless an alternative repayment schedule has been approved pursuant to Section
						8004 (d). In addition, the total debt secured in a senior position to the
						department's loan plus the department's loan shall not exceed 115% of the value
						of the collateral.
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 13 - Mobile Home Park Resident Ownership Program › Article 2 - Program Requirements › Section 8010 - Individual Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Individual loans from the fund shall provide long term
						permanent financing to low-income residents for the purposes of acquiring an
						individual interest and achieving affordable housing costs. In order to be
						eligible for an individual loan, a low-income resident must possess the tenancy
						rights of Section 798.12 of the Civil Code, or have entered into one or more
						agreements to rent and occupy a park space and mobilehome prior to project
						application. The loans shall not exceed any of the following:
(1) To the extent possible, 50 percent of the
					 acquisition cost of the individual interests including nonrecurring closing
					 costs,
(2) the need for assistance
					 or
(3) the maximum loan amount
					 established pursuant to Section 8004(c). However, the loan amount may be
					 approved for up to 95 percent of the approved acquisition costs of the
					 individual interest in the park if the lower income resident can demonstrate
					 that no other funding is available and the purchase would not otherwise be
					 feasible. In addition, borrowers of individual loans shall possess no less than
					 5 percent equity in the collateral securing the loan. For the purposes of this
					 section, equity does not include secured debt junior to the department's loan.
					 The amount of any item eligible for funding with an individual loan shall be
					 subject to departmental approval based on its necessity, reasonableness,
					 eligibility and impact on the financial feasibility and security of the
					 project. Individual loans shall not have terms in excess of 40 years. The loans
					 shall have monthly payments amortized over the term of the loan unless an
					 alternative repayment schedule has been approved pursuant to Section 8004(d).
Where a local public entity acquires a park and applies
						for program assistance for the purchase of individual interests, the program
						may make individual loans when a simple majority of households residing in the
						park actually purchase, or have opened escrow to purchase, interests or spaces
						in the park.
1.
						Amendment of section and NOTE filed 5-11-2001; operative 5-11-2001 pursuant to
						Government Code section 11343.4 (Register 2001, No. 19).
2. Change
						without regulatory effect amending subsection (3) filed 10-13-2015 pursuant to
						section 100, title 1, California Code of Regulations (Register 2015, No.
						42).
Note: Authority cited: Sections 50406(n) and 50786(a),
						  Health and Safety Code. Reference: Sections 50406, 50406.2, 50781, 50784 and
						  50786.5, Health and Safety Code; and Sections 798.12 and 799.45 (b), Civil
						  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 13 - Mobile Home Park Resident Ownership Program › Article 3 - Application and Funding Procedures › Section 8014 - Review and Rating of Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall rate applications
					 and award funds based upon the following criteria:
(1) the extent to which the project achieves
					 the goal of limiting housing costs for low-income residents to 30% of gross
					 monthly income;
(2) the extent to
					 which there will be no involuntary displacement from the project;
(3) the extent to which the project is
					 prepared to convert based upon the speed and ease with which the project can be
					 completed once funds are awarded;
(4) the capacity of the borrower, loan
					 originator, consultants and other parties to complete the project and fulfill
					 the requirements established for the program by this subchapter;
(5) the extent to which the proposed
					 ownership structure provides long-term security of tenure.
(6) the extent to which the project
					 complements local programs or plans to preserve or increase the supply of low
					 and moderate income housing and mobilehome park spaces;
(7) the degree of support provided to the
					 project by the residents, local government and other parties;
(8) the financial feasibility of the whole
					 project, including the rents from all residents and their relationship to
					 reasonable market rents, the total cost of conversion and operation, and other
					 factors which relate to the security of the department's loans;
(9) the extent to which program funds will be
					 used in the most efficient manner to assist the maximum number of low-income
					 residents;
(10) the extent to which
					 the project has the lowest possible costs given program requirements and local
					 market conditions;
(11) the extent
					 to which the project will receive below market financing and other assistance,
					 including the value of administrative functions provided by a local public
					 entity pursuant to Section 8018(c). The department shall take into account the
					 resources which are available to the local public entity when considering this
					 factor;
(12) the allocation of
					 funds throughout the State pursuant to Section 50785 of the Code; and
(13) the awarding of additional points for
					 applications from resident owned parks.
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 13 - Mobile Home Park Resident Ownership Program › Article 3 - Application and Funding Procedures › Section 8016 - Approval of Projects and Commitment of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program staff shall review applications
					 for loan commitments and prepare recommendations based on the above factors.
					 Applicants shall be notified of the staff recommendation and of the date and
					 time that the committee will consider their applications.
(b) The committee shall evaluate applications
					 and make recommendations to the director pursuant to Section 6904 of this
					 Part.
(c) The director shall review
					 the committee recommendations and approve, approve with amendments, or
					 disapprove the applications. The director's decision shall be final. Written
					 notification of the approval of an application shall constitute a conditional
					 loan commitment from the fund.
(d)
					 The department shall inform the applicant in writing of the director's
					 decision. An approval shall set forth the terms and conditions, if any, placed
					 on the approval.
Note: Authority cited: Sections 50406(n) and 50786(a),
						  Health and Safety Code. Reference: Sections 50406, 50406.2 and 50786, 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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8018 - Responsibilities of Local Public Entities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 5-11-2001; operative 5-11-2001 pursuant to Government Code
						section 11343.4 (Register 2001, No. 19).
Note: Authority cited: Sections 50406(n) and 50786(a),
						  Health and Safety Code. Reference: Sections 50406, 50406.2 and 50786, 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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8020 - Displacement and Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The project shall ensure that no resident
					 is involuntarily displaced from the project without proper notice, assistance
					 and compensation. A resident who is offered an opportunity to remain in the
					 park after the conversion through continuation of the tenancy at generally the
					 same terms as existed prior to conversion, shall not be considered
					 involuntarily displaced.
(b) In all
					 situations where a resident may be involuntarily displaced, the following shall
					 apply:
(1) The project shall comply with the
					 Mobilehome Residency Law, Section 798, et. seq., of the Civil Code.
(2) Where the park is converted pursuant to
					 the Subdivision Map Act, Division 2 of Title 7 of the Government Code, the
					 project shall comply with Section 66427.4 and Section 66427.5 of the Government
					 Code. For the purposes of this section, the term preconversion rent as used
					 within Government Code Section 66427.5 shall mean for public entity
					 acquisitions those rents which were in effect at the time of the initiations of
					 the negotiations; or for resident organization or nonprofit entity acquisitions
					 those rents which were in effect at the time of the initial agreement for sale.
					 For the purpose of calculating allowable rent levels which may be charged
					 pursuant to Government Code Section 66427.5(d)(1), project sponsors may achieve
					 market rents over the permissible four-year period through equal annual
					 increases. The amounts of such equal annual increases are to be calculated
					 based on the difference between the pre-conversion rents and market rents at
					 the time of conversion. To the extent that the rent levels at the end of the
					 fourth year lag behind market rents at that time, rents may be raised to
					 current market levels in the fifth year.
(3) Where the park is converted to a
					 limited-equity housing cooperative pursuant to Section 33007.5 of the Code, the
					 project shall comply with Section 65863.7 of the Government Code.
(4) Where applicable, the project shall
					 provide assistance and payments consistent with the requirements of the
					 Relocation Act Section 7260, et. seq., of the Government Code and the
					 relocation guidelines contained in Chapter 6 (commencing with Section 6000) of
					 Part I of this Title.
(5) The
					 project shall comply with all other applicable federal, state and local
					 ordinances, laws or regulations which have requirements in excess of those of
					 this section.
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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8022 - Transaction Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants shall submit all legal
					 documents related to the conversion or operation of the project for department
					 review and approval.
(b) The
					 department shall prepare and execute standard loan agreements with applicants
					 who receive loan commitments pursuant to Section 8016 (c). The standard
					 agreement shall specify the terms and conditions which govern the loans and
					 shall require the subsequent execution of conversion agreements, regulatory
					 agreements, notes, and other instruments securing the department's
					 interest.
(c) The department may
					 enter into conversion agreements with borrowers who receive conversion loans
					 and may required other entities who have a vested interest in the projects to
					 be a party to the agreements. The conversion agreements shall specify the terms
					 and conditions governing the use of conversion loan funds and the funding of
					 blanket and individual loans.
(d)
					 The department shall enter into regulatory agreements with borrowers who
					 receive conversion or blanket loans and may require other entities who have a
					 vested interest in the projects to be a party to the agreements. The regulatory
					 agreements shall specify the terms and conditions governing the management and
					 operations of the project and the program of assistance for low-income
					 residents. For a qualifying nonprofit housing sponsor or local public entity, a
					 regulatory agreement shall include but not be limited to provisions that
					 regulate occupancy, rents, and park operations.
(e) Borrowers shall execute promissory notes
					 and deeds of trust and/or other instruments securing state loans as required by
					 the department. The form and content of these documents shall ensure that the
					 loans are adequately secured.
1.
						Amendment of subsections (b)-(d) filed 5-11-2001; operative 5-11-2001 pursuant
						to Government Code section 11343.4 (Register 2001, No.
						19).
Note: Authority cited: Sections 50406(n) and 50786(a),
						  Health and Safety Code. Reference: Sections 50406, 50406.2 and 50786, 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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8024 - Loan Origination and Servicing Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall require the project
					 applicant to execute loan origination and/or servicing agreements with the loan
					 originator specified by the project applicant and approved by the department.
					 It shall be the responsibility of loan originators or loan servicers, where
					 servicing responsibilities are not performed by the department, to do the
					 following:
(1) accept and review applications
					 for blanket and individual loans and verify information pertaining to the
					 applications;
(2) determine each
					 applicant's eligibility for assistance and his/her credit worthiness and
					 ability to make any required payments;
(3) make recommendations to approve or deny
					 each application, determine the amount of assistance and submit these
					 recommendations to the department for approval;
(4) prepare all loan documents and make
					 necessary arrangements to close the loans;
(5) submit loan packages, all documents
					 determining assistance, including executed loan documents to the department
					 subsequent to the close of escrow;
(6) transmit loan payments to the department
					 according to a schedule established by the department;
(7) notify the department of defaults and
					 delinquencies on program loans and loans which are senior to program loans;
					 and
(8) enforce the terms of the
					 notes and deeds of trust or other instruments securing repayment of the program
					 loans.
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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8026 - Blanket and Individual Loan Origination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Low-income residents who apply for
					 individual loans or the benefit of blanket loans shall use forms and follow
					 instructions approved by the department. Such applications shall include, but
					 not be limited to, the following:
(1)
					 evidence of eligibility for an individual loan or the benefit of a blanket
					 loan;
(2) information on the
					 income, debts and credit worthiness of the applicant;
(3) authorization to investigate and verify
					 the information provided by the applicant;
(4) authorization for the loan originator,
					 local public entity and department to share information in order to make
					 decisions concerning action on the application; and
(5) a certification that the information
					 provided by the applicant is true and accurate.
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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8028 - Disbursement of Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall disburse funds
					 pursuant to the terms and conditions specified in the transaction documents
					 with the departments.
(1) The department
					 shall condition the disbursement of funds on the execution and recordation of
					 those documents necessary to secure its financial and statutory interests,
					 which may include, but are not limited to: promissory notes, deeds of trust, or
					 regulatory agreements.
(2) The
					 department may disburse funds directly to parties other than to signatories to
					 the standard agreement if payments to those parties are specified in the
					 standard agreement.
(3) The
					 department may disburse funds prior to the borrower satisfying all of the
					 conditions of Section 50786(d) of the Code if the funds will be held by a local
					 public entity, mortgage lender or escrow company until conditions are
					 met.
(4) Advance payments not
					 exceeding 25% of the loan amount may be made if the department determines they
					 are necessary to complete the project and if the State's interest and security
					 are met.
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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8030 - Monitoring and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall, directly or through
					 a third party, monitor the activities of borrowers and the progress of projects
					 for the following purposes:
(1) to verify
					 compliance with the terms and conditions of contracts and agreements;
(2) to ensure the success of the project;
					 and
(3) to protect the security of
					 program loans.
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 13 - Mobile Home Park Resident Ownership Program › Article 4 - Program Operations › Section 8032 - Defaults, Workouts and Foreclosures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event of a breach or violation by
					 the borrower of any of the provisions of the standard agreement, the regulatory
					 agreement, the promissory note, or the deed of trust, or any other agreement
					 pertaining or securing the MPROP loan, the department may give written notice
					 to the borrower to cure the breach or violation within a period of not less
					 than 30 days. If the breach or violation is not cured to the satisfaction of
					 the department within the specified time period, the department, at its option,
					 may declare a default under the relevant documents and may seek legal remedies
					 for the default including the following:
(1)
					 The department may accelerate all amounts, including outstanding principal and
					 interest, due under the loan and demand immediate repayment thereof. Upon a
					 failure to repay such accelerated amount in full, the department may proceed
					 with a foreclosure in accordance with the provisions of the deed of trust and
					 state law regarding foreclosures.
(2) The department may seek, in a court of
					 competent jurisdiction, an order for specific performance of the defaulted
					 obligation or the appointment of a receiver to operate the park in accordance
					 with program requirements.
(3) The
					 department may seek such other remedies as may be available under the relevant
					 agreement or any law.