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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8096 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall enter into a
					 Standard Agreement with the sponsor which shall encumber monies from the fund
					 in an amount sufficient to fund the approved loan amount. The Standard
					 Agreement shall contain the following:
(1) A
					 description of the approved project and the permitted uses of program
					 funds;
(2) provisions governing the
					 amount and terms of the loan;
(3)
					 provisions regarding the regulatory restrictions to be applied to the project
					 through the Regulatory Agreement;
(4) provisions governing the construction
					 work and, as applicable, the acquisition of the project site, and the
					 disbursement of loan proceeds;
(5)
					 special conditions imposed as part of department approval of the
					 project;
(6) requirements for the
					 execution and the recordation of the agreements and documents required under
					 the program;
(7) terms and
					 conditions required by federal or state law;
(8) requirements regarding the establishment
					 of escrow accounts for the deposit of documents and the disbursement of loan
					 proceeds;
(9) remedies available to
					 the department in the event of a violation, breach, or default of the Standard
					 Agreement to ensure compliance with program requirements for the full term of
					 the Regulatory Agreement, including repayment of all costs of
					 enforcement;
(10) other provisions
					 necessary to ensure compliance with the requirements of this
					 program.
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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8098 - Sales, Transfers, and Encumbrances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor shall not sell, assign,
					 transfer, or convey the rental housing development, or any interest therein or
					 portion thereof, without the express prior written approval of the department.
					 A sale, transfer or conveyance shall be approved only if all of the following
					 requirements are met:
(1) the existing
					 sponsor is in compliance with the Regulatory Agreement or the sale, transfer or
					 conveyance will result in the cure of any existing violations;
(2) the successor-in-interest to the sponsor
					 agrees to assume all obligations of the existing sponsor pursuant to the
					 Regulatory Agreement and this program;
(3) the successor-in-interest is an eligible
					 sponsor and demonstrates to the department's satisfaction that it can
					 successfully own and operate the rental housing development and comply with all
					 program requirements; and
(4) no
					 terms of the sale, transfer, or conveyance jeopardize either the department's
					 security or the successor's ability to comply with all 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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8099 - Defaults and Loan Cancellations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event of a breach or violation by
					 the sponsor of any of the provisions of the Regulatory Agreement, the Standard
					 Agreement, the Development Agreement, the promissory note, or the deed of
					 trust, or any other agreement pertaining to the project, the department may
					 give written notice to the sponsor to cure the breach or violation within a
					 period of not less than 15 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 document
					 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
					 complete the project or operate the rental housing development in accordance
					 with program requirements.
(3) The
					 department may seek such other remedies as may be available under the relevant
					 agreement or any law.
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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8100 - Management and Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor shall be responsible for all
					 management functions of the rental housing development including selection of
					 the tenants, annual recertification of household income and size, evictions,
					 and collection of rent.
(b) The
					 sponsor is responsible for all repair and maintenance functions of the rental
					 housing development, including ordinary maintenance and replacement of capital
					 items. The sponsor shall maintain residential units, commercial space and
					 common areas in accordance with local health, building, and housing codes and
					 the management plan.
(c) The
					 sponsor, with the prior approval of the department, may contract with a
					 management agent for the performance of the services or duties required in
					 subdivisions (a) and (b). However, such an arrangement does not relieve the
					 sponsor of responsibility for proper performance of these duties. Such contract
					 shall be subject to Department approval and contain a provision allowing the
					 sponsor to terminate the contract upon thirty days' notice. The sponsor shall
					 terminate said contract as directed by the department upon determination that
					 management does not comply with program requirements.
(d) The sponsor shall develop a management
					 plan subject to department approval prior to loan closing. The plan shall be
					 consistent with this subchapter and shall include the following:
(1) the role and responsibility of the
					 sponsor and its delegation of authority, if any, to the managing
					 agent;
(2) personnel policy and
					 staffing arrangements;
(3) plans
					 and procedures for publicizing and achieving early and continued
					 occupancy;
(4) procedures for
					 determining tenant eligibility and for certifying and annually recertifying
					 household income and size;
(5)
					 plans for carrying out an effective maintenance and repair program;
(6) rent collection policies and
					 procedures;
(7) program for
					 maintaining adequate accounting records and handling necessary forms and
					 vouchers;
(8) plans for enhancing
					 tenant-management relations;
(9)
					 management agreement, if any;
(10)
					 description of direct or supportive tenant services, if any;
(11) provisions for periodic update of
					 management plan;
(12) for limited
					 equity housing cooperatives, plans for board and member training and
					 education;
(13) appeal and
					 grievance procedures;
(14) plans
					 for collections for tenant-caused damages;
(15) plans for processing evictions and
					 termination; and
(16) equal
					 opportunity provisions that apply to hiring and renting.
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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8101 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No later than
					 90 days after the end of each fiscal year, the sponsor shall report to the
					 department on form HCD 820, "RHCP Annual Sponsor Certification," 12/89, as set
					 forth in subsection (c). This form is provided by the department.
(b) As part of the annual report, the sponsor
					 shall submit an audit of the rental housing development prepared in accordance
					 with generally accepted auditing standards by a certified public accountant.
					 Upon a determination that the cost of meeting this requirement exceeds the
					 potential benefits from it to the department and to the tenants of the rental
					 housing development, the department shall:
(1)
					 reduce the required frequency of the audit;
(2) accept an audited financial statement in
					 lieu of the audit; or
(3) waive
					 this requirement completely.
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 15 - Rental Housing Construction Program-Proposition 84 › Article 4 - Program Operations › Section 8102 - Operating Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to loan closing, the sponsor shall provide the department an initial
					 operating budget for its approval. Such budget shall show all anticipated
					 income, expenses for management, operations, and maintenance, debt service and
					 reserve deposits for the initial operating year.
(b) Sixty days prior to the end of each
					 fiscal year, the sponsor shall submit to the department a proposed operating
					 budget for its approval. The proposed operating budget shall set forth the
					 sponsor's estimate of the project's operating income, operating expenses, debt
					 service for the upcoming year, and any proposed rent increases pursuant to
					 section 8088.
(c) The initial and
					 subsequent proposed operating budgets shall be subject to the approval of the
					 department based on its determination that the budget line items are reasonable
					 and necessary in light of costs for comparable rental housing developments and
					 prior year budgets. Actual expenditures in excess of the approved budget amount
					 shall be subject to department approval.
(d) The initial operating budget and
					 subsequent proposed operating budgets shall include periodic deposits to:
(1) A replacement reserve account for capital
					 improvements such as replacing structural elements, furniture, fixtures, or
					 equipment of the rental housing development which are reasonably required to
					 preserve the project; and
(2) an
					 operating reserve account in an amount sufficient to offset potential operating
					 shortfalls.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 1 - General › Section 8110 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This subchapter establishes the Proposition 84 Family Housing Demonstration
					 Program and implements and interprets Chapter 15 (commencing with section
					 50880) of Part 2 of Division 31, Health and Safety Code, added by Chapter 30 of
					 the Statutes of 1988, as amended by Chapter 1103 of the Statutes of 1989,
					 Chapter 1311 of the Statutes of 1990 and Chapter 100 of the Statutes of
					 1991.
(b) These regulations
					 establish procedures for the award and disbursement of loans and establish
					 policies and procedures for use of funds allocated to the Family Housing
					 Demonstration Program by section 53130(a)(4) of the Health and Safety
					 Code.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Sections 50880, 50881.5, 50882,
						  50883.5, 50887, 50888.3, 50888.5, 50888.7, 50889.5, 50891, 50891.5, 50893,
						  50893.3, 50893.5, 50893.7, 50893.9, 50894, 50895, 53130 and 53133, Health and
						  Safety Code; Chapter 16 (commencing with section 7260), division 7, title 1,
						  Government 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8112 - Eligible Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
					 be eligible for funding, a proposed project must
(1) involve either of the following:
(A) the development and construction of a new
					 rental housing development, or
(B)
					 the rehabilitation of (which may include seismic improvements to) one or more
					 of the following structures:
1. a substandard
					 rental housing development;
2. a
					 residential structure eligible for seismic rehabilitation improvements pursuant
					 to section 8129;
3. an existing
					 structure that will undergo a conversion; or
4. an existing substandard residential
					 structure that will undergo reconstruction.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8113 - Eligible Sponsor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 sponsor shall be a nonprofit corporation, housing cooperative, local public
					 entity, or any combination thereof including a limited partnership in which the
					 managing general partner is an eligible nonprofit corporation, which is
					 certified by the department as meeting the requirements of subdivision
					 (b).
(b) In order to be certified
					 as an eligible sponsor, an applicant must be able to:
(1) demonstrate ability or experience
					 relevant to owning, developing, constructing or rehabilitating, and operating
					 rental housing through any combination of the following:
(A) prior ownership, development,
					 construction or rehabilitation, or operation of rental housing;
(B) employing staff with demonstrated ability
					 or experience owning, developing, constructing or rehabilitating, or operating
					 rental housing; or
(C) contracting
					 with a consultant or consultants with demonstrated ability or experience
					 assisting with the owning, developing, rehabilitating or constructing, or
					 operating of rental housing; and
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8114 - Eligible Uses of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Funds shall be used only for approved eligible costs that are incurred with
					 respect to the planning and executing of the project as set forth in this
					 section. In addition, the costs must be necessary and must be consistent with
					 the lowest reasonable cost consistent with the project's scope and
					 area.
(b) Eligible categories of
					 costs for projects involving the new construction of a rental housing
					 development include the following:
(1) land
					 acquisition;
(2) acquisition of
					 projects under construction satisfying the requirements of section 8112(c)(1)
					 through (c)(3);
(3) land lease
					 payments;
(4) construction work,
					 including demolition costs satisfying the requirements of section
					 8112(d);
(5) offsite improvements,
					 such as sewers, utilities and streets, related to the rental housing
					 development;
(6) onsite
					 improvements related to the rental housing development;
(7) architectural, appraisal, engineering,
					 legal, accounting and other consulting costs and fees, which are directly
					 related to the planning and execution of the project and which are incurred
					 through third-party contracts;
(8)
					 administrative expenses pursuant to section 8119;
(9) rent-up costs;
(10) insurance, construction financing fees
					 and interest, taxes, and any other expenses necessary to hold the property
					 while the rental housing development is under construction.
(11) building permits and state and local
					 fees;
(12) initial operating and
					 replacement reserve balances required pursuant to section 8139;
(13) escrow, title insurance, recording and
					 other costs related to the financing of the project;
(14) costs required to assure the completion
					 of construction, such as contractor bond premiums; and
(15) environmental hazard reports, surveys,
					 and investigations.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8115 - Type and Term of Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Sponsors shall elect to receive program financing as either combination
					 construction and permanent loans or permanent loans only.
(b) For projects involving new construction,
					 the initial term of the loan shall be not less than 40 years, commencing on the
					 date of initial occupancy of an assisted unit. For projects involving
					 rehabilitation and either acquisition or refinancing, the initial loan term
					 shall be not less than 30 years. For projects involving only rehabilitation,
					 the initial loan term shall be not less than 20 years.
(c) Upon request by the sponsor, the
					 department shall approve a loan term longer than that set forth in subdivision
					 (b) provided that such longer term does not exceed the useful life of the
					 rental housing development as determined by the department utilizing
					 assessments provided by professionals from the construction and real estate
					 industries, such as the conclusions of an appraiser or a structural
					 engineer.
(d) Upon receipt of a
					 request from a sponsor for a ten-year extension of the loan term, the
					 department shall determine whether to approve the request based on the
					 following considerations:
(1) Whether the
					 sponsor is in compliance with the Regulatory Agreement and agrees to continue
					 to comply during the extended term;
(2) Whether the extension is necessary to
					 continue operations consistent with program requirements, and
(3) Whether the extended term does not exceed
					 the useful life of the rental housing development, as determined by the
					 department utilizing assessments provided by professionals from the
					 construction and real estate industries, such as the conclusions of an
					 appraiser or a structural engineer.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8116 - Maximum Loan Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The loan amount is limited to the total amount of
						eligible costs required, when considered with other available financing and
						assistance, in order to achieve all of the following:
(a) to enable the development and
					 construction of the rental housing development;
(b) to ensure that rents for assisted units
					 are in accordance with program requirements;
(c) to operate in compliance with all other
					 program requirements; and
(d) to
					 allow a debt service coverage ratio in an amount sufficient to satisfy the
					 requirements of other lenders providing financing for the rental housing
					 development, but not to exceed 115 percent, except as otherwise required by
					 law.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Sections 50880 and 50893, 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8117 - Interest Rate and Loan Repayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans for development costs shall bear
					 simple interest of three percent per annum on the unpaid principal balance.
					 Loans or advances made pursuant to sections 8140 and 8141 shall be the same
					 interest as calculated annually on the Pooled Money Investment Account created
					 under Government Code section 16480. Interest shall accrue from the date that
					 funds are disbursed by the department to or on behalf of the sponsor.
(b) Accrued interest shall be paid from
					 project cash flow. Such interest, to the extent project cash flow is available,
					 shall be paid to the department commencing on the last day of the initial
					 operating year and continuing on each anniversary thereafter until loan
					 interest and principal is paid full. For purposes of this section, "project
					 cash flow" means operating income remaining after payment of approved operating
					 expenses, regularly scheduled debt service on loans other than the program loan
					 which have been approved by the department and which are to be paid prior to
					 payments on the program loan, deposits into department approved project reserve
					 accounts, and sponsor distributions.
(c) Upon request by the sponsor, at the time
					 of application or any time thereafter, the department shall approve the
					 deferral of accrued interest, due but unpaid because of insufficient project
					 cash flow, for such periods and subject to such conditions as are necessary to
					 enable the sponsor to maintain affordable rents and the fiscal integrity of the
					 project, and pay distributions.
(d)
					 Program loan principal shall be payable annually in accordance with all of the
					 following:
(1) Such payments will not
					 jeopardize the fiscal integrity of the project or the sponsor's ability to
					 maintain rents in accordance with program requirements.
(2) Such payments shall be the lesser of
(A) the amount remaining from project cash
					 flow after paying all current and deferred interest pursuant to subdivision (b)
					 and (c); or
(B) the amount required
					 to fully amortize the loan according to the scheduled term of the
					 loan.
(3) Such payments
					 shall be consistent with a written schedule approved by the department at loan
					 closing or any time thereafter which provides that
(A) for loans involving new construction, the
					 first principal payment shall be due on the thirtieth (30th) anniversary of the
					 loan closing; and
(B) for loans
					 involving rehabilitation, the first principal payment shall be on that date
					 proposed by the sponsor and approved by the department prior to loan
					 closing.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8118 - Appraisal and Market Study Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition of funding, the department
					 shall require an appraisal or market study, or both, where required to achieve
					 the following objectives:
(1) To establish a
					 market value for land and improvements to be purchased or leased as part of the
					 project for purposes of evaluating the reasonableness of the purchase price or
					 lease terms pursuant to section 8114 and determining actual investment pursuant
					 to section 8123;
(2) To assist with
					 establishing reasonable costs for development cost categories pursuant to
					 section 8114; and
(3) To assess
					 fiscal integrity.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8119 - Administrative Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Administrative expenses are those expenses incurred by the sponsor related to
					 the planning and execution of the project prior to initial occupancy. Such
					 expenses include, but are not limited to the following:
(1) salaries, wages, and related costs of the
					 sponsor's staff engaged in the planning and execution of the project, including
					 legal services, accounting and auditing relating to the sponsor's operations
					 and obtaining financing for the project;
(2) travel costs and other general overhead
					 costs which are attributable to the project;
(3) expenses for administrative services
					 performed for the sponsor and paid for under third-party
					 contracts.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8120 - Occupancy Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In each rental housing development
					 assisted by the program, and for the full term of the program loan, the
					 following requirements shall apply:
(1) Not
					 less than thirty percent of all units shall be assisted units.
(2) Not less than two-thirds of the assisted
					 units shall be very low-income units. The department may approve a lesser
					 percentage if it determines that it is not feasible to achieve fiscal integrity
					 with the required percentage.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8122 - Rent Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall establish initial
					 rents for assisted units in each community housing development in accordance
					 with the tables in section 6932 and the following:
(1) At the time of initial occupancy of a
					 unit, monthly rents for very low-income units in a community housing
					 development shall not exceed 30 percent of 35 percent of area median income,
					 divided by 12, adjusted by unit size pursuant to subdivision (a)(3), and with
					 an allowance for utility costs pursuant to subdivision (c). The unit size
					 adjustment in subdivision (a)(3) is selected by identifying the size of the
					 unit for which rent must be determined and reading across to determine the
					 applicable household size for that unit. Area median income is determined by
					 selecting from the tables provided in section 6932 for the county in which the
					 unit is located, the amount of income provided as the very low income standard
					 for the "number of persons in the family," which equates with the "applicable
					 household size" identified in subdivision (a)(3).
(2) At the time of initial occupancy of a
					 unit, monthly rents for lower-income units in a community housing development
					 shall not exceed 30 percent of 60 percent of area median income, divided by 12,
					 adjusted by unit size pursuant to subdivision (a)(3), and with an allowance for
					 utility costs pursuant to subdivision (c). The unit size adjustment in
					 subdivision (a)(3) is selected by identifying the size of the unit for which
					 rent must be determined and reading across to determine the applicable
					 household size for that unit. Area median income is determined by selecting
					 from the tables provided in section 6932 for the county in which the unit is
					 located, the amount of income provided as the lower-income standard for the
					 "number of persons in the family," which equates with the "applicable household
					 size" identified in subdivision (a)(3).
(3) Maximum rent calculated pursuant to
					 (a)(1) and (a)(2) above shall be adjusted by unit size as follows:
Unit
								  Size
Applicable Household Size
								  to Determine Rent Limit
0 bedroom
1 person
1 bedroom
2
								persons
2 bedrooms
3
								persons
3 bedrooms
4
								persons
4 bedrooms
6
								persons
5 bedrooms
8
								persons
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8124 - Syndication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event
					 that the project is syndicated during the term of the program loan, the total
					 amount of syndication proceeds retained by the sponsor, or any affiliates of
					 the sponsor, in the form of fees or payments of any kind, shall not exceed 25
					 percent of net syndication proceeds. Net syndication proceeds shall be
					 calculated by deducting from gross syndication proceeds all reasonable and
					 ordinary costs of syndication, including accounting, printing, financial
					 consultant fees, legal fees, interest and fees on gap financing used to pay
					 development costs approved by the department, syndicator fees, and government
					 fees associated with creating a limited partnership and securing tax credit
					 allocations.
(b) Not less than 75
					 percent of any available net syndication proceeds shall be applied toward
					 project development costs approved by the department, exclusive of any fees or
					 payments retained by the sponsor or its affiliates, and, then, to the extent
					 that funds are available, toward payment or prepayment, as applicable, of
					 program loan interest and principal.
(c) Upon demand by local public agencies that
					 have contributed or loaned funds towards project development costs, net
					 syndication proceeds that would otherwise be applied towards program loan
					 payments may be allocated among these agencies and the department in amounts in
					 direct proportion to the ratio between the amount of their contributions or
					 loans and the amount of the program loan.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Section 50893.7(d), 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8125 - Relocation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For projects involving the new
					 construction of a rental housing development, the following shall apply:
(1) The sponsor of a project resulting in
					 displacement of residential tenants shall be solely responsible for providing
					 the assistance and benefits set forth in this subdivision (a), and shall agree
					 to indemnify and hold harmless the department from any liabilities or claims
					 for relocation related costs.
(2)
					 All tenants in occupancy in a property who are temporarily or permanently
					 displaced as a direct result of the development of the project shall be
					 entitled to relocation benefits and assistance as provided in chapter 16
					 (commencing with section 7260) of Division 7 of Title 1 of the Government Code.
					 Displaced tenants who are not eligible households under this program shall be
					 provided relocation benefits and assistance from funds other than program
					 funds.
(3) The sponsor shall
					 prepare a relocation plan in conformance with the provisions of section 6038(b)
					 of this Title based on the scope of the project and the extent of anticipated
					 temporary or permanent displacement. The relocation plan shall be subject to
					 the review and approval of the department prior to the disbursement of program
					 funds.
(4) All eligible households
					 who are permanently displaced as a direct result of the development of the
					 project shall be entitled, upon initial occupancy of the rental housing
					 development, to occupy assisted units subject to the tenant occupancy standards
					 set forth in section 8121.
(5) All
					 households which are not eligible households who are permanently displaced as a
					 direct result of the development of the project shall be entitled, upon initial
					 occupancy of the rental housing development, to occupy any available
					 nonassisted units.
(6)
					 Notwithstanding the preceding paragraphs, tenants who are notified in writing
					 prior to their occupancy of an existing unit that such unit may be demolished
					 as a result of funding provided under the program shall not be eligible for
					 relocation benefits and assistance under this section. The form of any notices
					 used for this purpose shall be subject to department
					 approval.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8126 - Construction Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall review and
					 underwrite project plans and specifications to ensure the following objectives:
(1) The rental housing development shall have
					 a minimum useful life at least equal to the term of the loan;
(2) Maintenance, repair, and replacement
					 costs shall be minimized during the useful life of the rental housing
					 development through use of durable, low maintenance material and equipment and
					 design features that minimize wear and tear.
(3) Operating costs shall be minimized during
					 the useful life of the rental housing development.
(4) Tenant security shall be facilitated
					 through features such as those designed to prevent or discourage unauthorized
					 access and to allow for ready monitoring of public areas.
(5) Unit sizes, amenities, and general design
					 features shall not exceed the standard for new developments rented at or below
					 the market rent in the area of the project, and unit density shall not be
					 substantially less than the average for new developments with such
					 units.
(6) The ability of
					 households to care for their children shall be facilitated by unit and site
					 design, such as siting or windows to facilitate watching children, and the use
					 of appliances, such as intercom systems.
(7) Elderly and handicapped accessibility
					 shall be facilitated by features and designs which at a minimum, meet the
					 standards of Title VIII of the Civil Rights Act of 1968, as amended by the Fair
					 Housing Amendments Act of 1988 (42 U.S.C. 3601-3619 as amended by Pub. L.
					 100-430, approved September 13, 1988), and the regulations promulgated
					 thereunder, regardless of whether the rental housing development is "for first
					 occupancy after March 13, 1991" as provided in those
					 regulations.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8127 - Supportive Services Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each community housing development shall
					 include the following features:
(1) a child
					 care center which
(A) shall be built in
					 accordance with state law as provided in Chapters 3.4 and 3.5 (commencing with
					 sections 1596.70 and 1596.90 respectively) of Division 2, Health and Safety
					 Code;
(B) shall be operated in
					 compliance with state law as specified in Chapters 3.4 and 3.5 (commencing with
					 sections 1596.70 and 1596.90 respectively) of Division 2, Health and Safety
					 Code, and may be operated either directly by the sponsor or by a separate
					 entity contracting with the sponsor, provided that all contracts or lease
					 agreements for the operation of the child care center shall be subject to
					 department approval;
(C) shall be
					 licensed to care for at least the number of children expected to reside in the
					 rental housing development; this number shall be calculated according to the
					 following:
Unit size
# of
								Children
1 bedroom
0
2 bedroom
1
3 bedroom
2
4 bedroom
3
The sponsor may propose another reasonable method for
						calculating this number, such as the number of children on an existing waiting
						list;
(D) provides care at a
					 rate prior to closing, which is affordable to households residing in assisted
					 units based on the household's gross monthly income and family size, as
					 approved by the department. For purpose of this section, a rate shall be
					 considered affordable if the fee charged to the household does not exceed the
					 amount published in the most recent Family Fee Schedule CD-2600 or such other
					 fee schedule utilized by an agency which provides subsidies to the child care
					 center or to households using the child care center to care for their children;
					 The Family Fee Schedule CD-2600 is established pursuant to section 8263(f),
					 Education Code and is available by written request to the California Department
					 of Education, Child Development Division, P.O. Box 944272, Sacramento CA
					 94244-2720, or by phone (916)322-6233.
(E) gives priority for space in the child
					 care center as follows:
1. first to residents
					 with children in assisted units who require child care because of current or
					 impending employment or to participate in the job training and placement
					 program described in section 8128; and
2. secondly to other residents with children
					 who require child care because of current or impending
					 employments;
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8128 - Job Training and Placement Program Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor shall submit for department
					 approval, as part of the application and again prior to loan closing, a job
					 training and placement program available to eligible households which shall
					 include the following components:
(1) an
					 ongoing effort to assess employment opportunities in the area;
(2) an individual vocational assessment
					 program which will assist a resident in evaluating the types of employment that
					 are available, the types of employment that the resident is interested in
					 pursuing, and the education and skills training appropriate to the employment
					 goals;
(3) training that provides
					 remedial education in English, reading, writing, mathematics, and science, as
					 well as skills development in the types of employment opportunities that are
					 generally available in the area;
(4) training to develop job interview skills,
					 such as resume writing, personal appearance and presentation skills;
(5) a job placement component; and
(6) a detailed timeline indicating full
					 implementation of the program within 18 months of initial occupancy of the
					 first assisted unit in the rental housing development.
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8129 - Seismic Rehabilitation Improvement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be eligible to receive program funds for seismic
						rehabilitation improvements, a project must either:
(a) involve a structure which is identified
					 as a potentially hazardous building by the local agency in which it is located,
					 pursuant to section 8875.1 of the Government Code; or
(b) involve a structure identified as
					 hazardous in accordance with a previously adopted city or county seismic safety
					 ordinance adopted pursuant to section 19163 of the Health and Safety
					 Code.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Section
						  50881.5(f).
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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 3 - Application Procedures › Section 8130 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The department shall issue a Notice of Funding Availability (NOFA) which
					 specifies the schedule for rating and ranking applications, and awarding funds
					 at least once every three months; the amount of funds available in each award
					 cycle; application requirements; the allocation of rating points; and the
					 general terms and conditions of funding commitments. Applications in response
					 to each NOFA will be accepted on a continuous basis.
(b) Within 45 days of the receipt of an
					 application, the department shall provide the applicant with written notice
					 indicating whether the application is complete pursuant to section 8131(c) and
					 eligible for rating and ranking pursuant to section 8132(a).
(1) If the application is not complete, but
					 has not been determined to be ineligible for rating and ranking, the notice
					 shall specify the information or documentation necessary to complete the
					 application. Within 15 days of the receipt of any additional information or
					 documentation from the applicant, the department shall provide the applicant
					 with written notice indicating whether the additional information or
					 documentation is sufficient to determine that the application is
					 complete.
(2) If the application is
					 not eligible for rating and ranking, the notice shall provide an explanation of
					 the reasons for this determination.