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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7341 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this Article, in addition to the
						definitions in Section 7301 and Section 8301, the following definitions shall
						apply:
(a) "Supportive Housing Unit"
					 means a Unit of permanent housing linked to supportive services restricted to
					 occupancy by an Eligible Household and which meets all of the following
					 requirements:
(1) Occupancy is restricted to
					 Eligible Households that are Homeless or At Risk of Homelessness and that
					 include a Disabled Adult.
(2) It is
					 operated as independent housing, in which each tenant:
(A) Holds a lease or rental agreement in his
					 or her own name and is responsible for paying Rent;
(B) Has his or her own room or apartment and
					 is individually responsible for arranging any shared tenancy, to the extent
					 that shared tenancy is allowed under his or her lease; and
(C) May stay as long as he or she pays his or
					 her share of Rent and complies with the terms of his or her
					 lease.
(3) The Unit is
					 subject to applicable state and federal landlord-tenant laws.
(4) The tenant's participation in services or
					 any particular service shall not be required as a condition of
					 tenancy.
(5) At initial occupancy,
					 the tenant household income, to the extent that it can be documented, shall not
					 exceed 30 percent of the greater of State Median Income or Area Median
					 Income.
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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7342 - Eligible Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to be eligible to apply for funding pursuant to
						this Article 6, in addition to the requirements of Section 7302, a proposed
						Project shall:
(a) Contain Supportive
					 Housing Units at least equal to the greater of 5 Units or 35 percent of the
					 total number of Units in the Project;
(b) Restrict Supportive Housing Units for
					 permanent housing for Eligible Households that are Homeless or At-Risk of
					 Homelessness and that include a Disabled Adult;
(c) In the event that the Department utilizes
					 an over-the-counter selection process, meet or exceed the minimum points
					 required by subsection (a) of Section 7346;
(d) Be linked to onsite or offsite services
					 that assist the tenant in retaining the housing, improving his or her health
					 status, and maximizing his or her ability to live and, when possible, work in
					 the community;
(e) Utilize a
					 primary service provider (the entity responsible for overall implementation of
					 the service plan, including coordination between service providers, where there
					 are more than one) with at least 24 months' experience in the provision of the
					 proposed services to the targeted population, and a successful history of
					 securing funds for similar activities;
(f) Utilize a property management agent with
					 at least 24 months' experience in managing a special needs or supportive
					 housing Project that would qualify as a Rental Housing Development pursuant to
					 Section 8301(o), except that if the proposed Project has fewer than 10 Units,
					 the Department may approve a property management agent with experience managing
					 projects that do not qualify as Rental Housing Developments, provided that the
					 agent has at least 24 months' experience managing housing for the specific
					 population targeted by the proposed Project; and
(g) Not be operated as either a health
					 facility, as defined by Section 1250 of the Health and Safety Code, or an
					 alcoholism or drug abuse recovery or treatment facility, as defined by Section
					 11834.02 of the Health and Safety Code.
1. New
						section filed 4-14-2005; operative 5-14-2005 (Register 2005, No.
						15).
Note: Authority cited: Sections 50406(n), 50675.1(c),
						  50675.11, 50675.14(c) and 53533(a)(3), Health and Safety Code. Reference:
						  Sections 50675.2(d), 50675.4, 50675.7, 50675.14(b) and 53533(a)(3), 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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7343 - Eligible Sponsor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to be eligible to apply for funding pursuant to
						this Article 6, in addition to the requirements of Section 7303, a Sponsor
						shall:
(a) Have at least 24 months
					 experience in the ownership or operation of at least one Rental Housing
					 Development with 5 or more Units that includes Units reserved for the disabled
					 or other special needs group; and
(b) If the Department uses an
					 over-the-counter application process, have sufficient experience to score at
					 least 4 points under the development and ownership scoring criteria (pursuant
					 to Section 7320(b)(3)), except that the score shall be based on experience
					 acquired in the prior 10 years.
1. New
						section filed 4-14-2005; operative 5-14-2005 (Register 2005, No.
						15).
Note: Authority cited: Sections 50406(n), 50675.1(c),
						  50675.11, 50675.14(c), and 53533(a)(3), Health and Safety Code. Reference:
						  Sections 50675.7(c)(3), 50675.14(e) and 53533(a)(3), 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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7344 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the application requirements of Article 3,
						applications for funding under this Article shall include all the following
						information:
(a) Information
					 sufficient to ascertain that the requirements of sections 7342 and 7343 have
					 been met, and including at least one reference able to verify the role of the
					 Sponsor in Projects submitted for experience;
(b) A supportive services plan that meets the
					 requirements of Section 7345.
1. New
						section filed 4-14-2005; operative 5-14-2005 (Register 2005, No.
						15).
Note: Authority cited: Sections 50406(n), 50675.1(c),
						  50675.11, 50675.14(c) and 53533(a)(3), Health and Safety Code. Reference:
						  Sections 50675.6, 50675.7, 50675.14 and 53533(a)(3), 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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7345 - Supportive Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A supportive services plan shall be subject to the
						Department's approval and shall contain the following information and address
						the following topics:
(a) A
					 description of the target population to be served including a narrative
					 describing the tenant selection criteria, tenant eligibility verification
					 process, tenant selection process, and expected sources of referrals. The
					 tenant selection criteria and process shall be in accordance with applicable
					 state and federal fair housing laws. The narrative shall also describe any
					 reasonable accommodation policies as they relate to targeting and tenant
					 selection of persons with disabilities.
(b) A description of the service needs of
					 each target population that will be served.
(c) A description of the services that will
					 be provided, where the services will be provided, who the provider will be, the
					 provider's experience, and the provider's relationship to applicant.
(d) Documentation confirming the number of
					 supportive service staff available to the Project and a narrative explaining
					 staffing ratio and experience. Staffing levels must be documented as sufficient
					 to make services available to meet the needs of the target
					 population.
(e) A services
					 line-item budget itemizing all expenses and listing the sources, amounts, and
					 status (i.e., proposed or committed) of supportive service funds. The budget
					 must demonstrate that the level of proposed funding is adequate to the types
					 and levels of services to be provided and that all necessary costs are
					 included.
(f) A narrative
					 description of tenant engagement plan (i.e., plan to elicit voluntary tenant
					 participation in services).
(g)
					 Commitments or letters of intent to provide operational funding for a minimum
					 of 25 percent of the total service budget. This requirement may be waived where
					 the service provider documents a history of securing supportive service funding
					 sufficient for the Department to make a determination that the proposed Project
					 service funding needs will be attainable. (All Sponsors must document
					 commitment of 100 percent of the approved services budget prior to the
					 disbursement of MHP funds.)
(h) An
					 assessment from a public or nonprofit funding or regulatory agency with
					 oversight or monitoring responsibilities for the proposed supportive services
					 for the proposed target population that verifies that:
(1) The proposed services and staffing levels
					 are adequate and appropriate to meet the needs of the target population(s);
					 and
(2) The applicant or proposed
					 service provider is a viable provider of the proposed support
					 services.
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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7346 - Application Point Scoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section 7317(c), the Department has the
						discretion to make funds under this Article 6 available on a competitive or
						over-the-counter basis.
(a) In the
					 event that the Department utilizes an over-the-counter process, the following
					 provisions shall apply, and in order to be considered for funding, an
					 application shall:
(1) Score a minimum of 125
					 points utilizing the criteria set forth in Section 7320, except that
					 Development and Ownership Experience (Section 7320(b)(3)) shall be scored based
					 on experience acquired in the prior 10 years;
(2) Score a minimum of 4 points in the
					 Development and Ownership Experience criterion (Section 7320(b)(3)) based on
					 the Sponsor's experience acquired in the prior 10 years; and
(3) Score a minimum of 5 points in the
					 Project Readiness criterion (Section 7320(b)(6)).
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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7347 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time the Sponsor submits the annual Project audit
						required by Section 7325, the Sponsor shall also submit a supplemental report
						including the following information:
(a) The length of occupancy by each
					 supportive housing tenant.
(b)
					 Changes in each supportive housing tenant's employment status during the
					 previous year.
(c) Changes in each
					 supportive housing tenant's source and amount of income during the previous
					 year.
(d) Data on any measurable
					 outcomes that the Sponsor agreed to collect pursuant to Section 7346(c)(2),
					 along with an evaluation of the Project based on this data.
1. New
						section filed 4-14-2005; operative 5-14-2005 (Register 2005, No.
						15).
Note: Authority cited: Sections 50406(n), 50675.1(c),
						  50675.11, 50675.14(c) and 53533(a)(3), Health and Safety Code. Reference:
						  Sections 50675.1, 50675.8 and 50675.14, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7400 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations set forth the policies and procedures
					 governing the management and use of the Deferred-Payment Rehabilitation Loan
					 Fund established by Sections 50660-50670 of the California Health and Safety
					 Code.
1. New
					 Subchapter 5 (Sections 7400-7436, not consecutive) filed 2-28-79 as an
					 emergency; effective upon filing. Certificate of Compliance included (Register
					 79, No. 9).
2. Certificate of Compliance filed 6-12-79; transmitted
					 to OAH 6-8-79 (Register 79, No. 24).
3. Repealer of Subchapter 5
					 (Sections 7400-7436, not consecutive) and new Subchapter 5 (Sections 7400-7436
					 not consecutive) filed 5-2-80; effective thirtieth day thereafter (Register 80,
					 No. 18).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50660-50668, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7404 - Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The local entity shall have available, and commit to the extent feasible, CHFA
				  funds, CDBG grants and BMIR loans, HUD 312 loans, Marks-Foran rehabilitation
				  and refinancing funds, FmHA loans or other funds to be used in combination with
				  commitments from the Fund in designated areas. Local entities that are
				  operating or will operate one or more of the following rehabilitation programs
				  in conjunction with this program are eligible to apply for Fund commitments
				  from the Department pursuant to the provisions of this subchapter.
(1) A rehabilitation loan program conducted
				  in a CHFA Concentrated Rehabilitation Area designated pursuant to Section 51302
				  of the Health and Safety Code.
(2)
				  A residential rehabilitation financing program conducted pursuant to the
				  Marks-Foran Program commencing with Section 37910 of the Health and Safety
				  Code.
(3) A city-wide or
				  county-wide systematic enforcement program pursuant to which the CHFA has
				  allocated sufficient funds for improvement loans for rehabilitation of housing
				  pursuant to Section 51311 of the Health and Safety Code.
(4) A code enforcement agency repairing
				  substandard structures following the owner's failure to commence work following
				  a final notice or order from the enforcement agency.
(5) A program conducted by the CHFA in a
				  mortgage assistance area as defined in Section 50085, Health and Safety Code,
				  provided such area is located in a rural area.
(6) A rehabilitation or code enforcement
				  program being undertaken by a local entity in an area in which federal funds
				  are being used or will be used in conjunction with the Deferred Payment
				  Rehabilitation Loan 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 5 - Deferred-Payment Rehabilitation Loans › Section 7406 - Loan Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following limitations shall apply to all Fund
					 commitments or deferred payment loans made by local entities:
(a) The Loan Committee shall authorize no
				  more than 10 percent of the appropriation to the Fund for rehabilitation
				  activities of code enforcement agencies pursuant to Section 7404(a)(4). Not
				  less than 20 percent of the appropriations to the Fund on or after January 1,
				  1980 shall be expended in rural areas.
(b) Loans for direct rehabilitation and
				  repairs by code enforcement agencies.
(1) The
				  maximum amount of funds loaned to a local entity shall be $10,000 per
				  unit.
(2) Funds received pursuant
				  to this subsection shall be applied to the total permitted by subsection (a) of
				  this section.
(3) The maximum loan
				  from the Fund plus other indebtedness against the property shall not exceed 90
				  percent of the anticipated after-rehabilitation value of the
				  property.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7408 - Rates and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following rates and terms apply to all commitments and
					 loans from the Fund.
(a) Commitments
				  of funds to local entities for borrowers.
(1)
				  All funds committed from the Fund to local entities shall be loaned to
				  borrowers within a period to be determined by the Department.
(2) The Loan Committee may provide for a
				  waiver of interest payments when, and to the extent that, a local entity remits
				  to the Department, in advance on behalf of the borrower, a sum equal to not
				  less than 15 percent of the original principal balance of the loan to the
				  borrower. This sum shall be in lieu of interest. Local entities may choose to
				  make such advance payments when they make loans to borrowers at less than 3
				  percent.
(3) Funds, including loan
				  principal and interest, including any interest attributable to delinquency paid
				  thereon by borrowers, shall be repaid by local entities to the Department
				  promptly as borrowers repay loans to local entities.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7410 - Conditions of Fund Commitments to Local Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following special conditions shall apply to all fund
					 commitments made to local entities.
(a) Before the Department disburses funds,
				  the local entity will be required to submit to the Department the following
				  documents which will have been prepared by the Department or at its direction:
(1) A resolution authorizing the acceptance
				  of funds pursuant to the terms of these regulations;
(2) An executed Standard Agreement between
				  the local entity and the Department;
(3) Borrower documents and completed
				  application forms to be used between the local entity and borrowers, including
				  copies of the loan agreement, promissory note, and security instrument(s);
				  and
(4) Any other documents deemed
				  necessary by the Department.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7412 - Conditions of Loans to Borrowers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following general conditions shall apply to all loans
					 made by local entities to borrowers.
(a) The following documents shall be executed
				  by all borrowers and local entities as applicable:
(1) A loan agreement, which, in the case of
				  loans to rehabilitate rental units, shall be recorded or referenced in a
				  recorded document;
(2) A promissory
				  note;
(3) A security instrument to
				  be recorded;
(4) Truth-in-lending
				  disclosure; and
(5) Other documents
				  required by the Department or required by the local entity and approved by the
				  Department.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7414 - Authorized Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Funds from the Fund may be used only with respect to the
					 following authorized expenses.
(a)
				  Loans to local entities for direct code enforcement repair or rehabilitation
				  pursuant to Section 7404(a)(4) may be used only for actual rehabilitation and
				  repair costs. They may not be used for governmental administrative costs,
				  overhead costs, costs of collection or foreclosures, or other items.
(b) Loans from the Fund made by local
				  entities to borrowers may include the following costs:
(1) Costs of rehabilitating, or the
				  reconstruction of, eligible properties in conformance with rehabilitation
				  standards, except as excluded under subsection (c);
(2) Room additions or enlargements pursuant
				  to Section 7402;
(3) Costs for
				  improvements related to making the housing development accessible to and usable
				  by the handicapped;
(4) In unusual
				  cases, and if approved by the Department after consideration of need and cost
				  by the local entity, the cost of design services for the preparation of plans,
				  drawings, and specifications for the rehabilitation of the property;
(5) The cost of building permits and related
				  fees required for the rehabilitation, if not included in the construction
				  contract;
(6) Costs of title
				  reports, credit reports, appraisal reports and fees for recording documents
				  related to the loan; and
(7) The
				  cost of repair and installation of alternative energy conservation systems and
				  weatherization when done in conjunction with other rehabilitation
				  work.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7415 - Grants for Administrative Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following conditions shall apply to awards for related
					 administrative costs.
(a) Local
				  entities that are eligible to receive funds for administrative costs of
				  operating the program are limited to:
(1)
				  Local public entities that are not jurisdictions designated as entitlement
				  grantees under HUD's Community Development Block Grant program, and that will
				  operate the program and make loans in rural areas.
(2) Nonprofit corporations that will operate
				  the program and make loans in rural areas.
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 5 - Deferred-Payment Rehabilitation Loans › Section 7418 - Loan Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The loan committee shall operate as required by Subchapter
					 1 (commencing with Section 6900) of Chapter 6.5 of this Part.
1. Amendment
					 filed 6-19-80; effective thirtieth day thereafter (Register 80, No.
					 25).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50660-50670, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7420 - Review of Applications for Fund Commitments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following criteria shall be used to review applications
					 in determining Fund commitments to local entities.
(a) Compliance with State Housing Element
				  requirements contained in Section 65302(c) of the Government Code;
(b) The local entity's ability to lend the
				  funds upon receipt of a commitment;
(c) Evidence of need in terms of substandard
				  housing; and
(d) Other
				  considerations as deemed appropriately by the Department.
1. Repealer
					 and new section filed 10-2-81; effective thirtieth day thereafter (Register 81,
					 No. 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50660-50668, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7422 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall prepare and provide application forms
					 and program documents upon request. The process shall include, but not be
					 limited to the following activities.
(a) Applications for fund commitments to
				  local entities will be reviewed by Department staff.
(b) Information and staff recommendations
				  regarding completed applications from eligible local entities will be submitted
				  for consideration by the Loan Committee.
(c) The Loan Committee shall make
				  recommendations to the Director regarding the applications pursuant to Section
				  6904.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50660-50668, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7424 - Department Review of Local Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall review and approve
				  or disapprove all loan applications for funds from the Fund involving
				  assistance to rental units, as well as all assumptions and extensions of such
				  loans.
(b) At the discretion of the
				  Department, loan applications from owner-occupants or extensions of such loans
				  may be reviewed in their entirety and are subject to approval by the
				  Department.
(c) Any time during the
				  operation of the program, the Department may request or perform a review or
				  financial audit of any and all phases of the local entity's program operation.
				  The local entity shall provide any requested documentation related to
				  monitoring and enforcing the Standard Agreement.
(d) Any person or owner affected by this
				  program may petition the Department to review any phase of implementation of
				  the local entity's program. Grievances may relate to, but not be limited to,
				  eligibility, terms of tenancy, or authorized expenditures. Review undertaken by
				  the Department under this section may be informal or may follow the procedures
				  outlined in Government Code Section 1180 et seq. at the option of the
				  Department. Failure to petition the Department shall not limit a complainant's
				  right to seek judicial review; nor shall the Department's review pursuant to a
				  petition preclude de novo judicial review.
(e) Reports describing the progress and
				  problems of the local entity's program, including loan disbursals and grant
				  expenditures, if any, shall be submitted to the Department until such time as
				  the local entity has loaned all of its commitment from the Fund. Reports shall
				  be submitted at intervals determined by the Department. The Department may
				  provide local entities with the format for such reports.
(f) As a result of any Department findings of
				  noncompliance resulting from reviews pursuant to subsections (a)-(e), the
				  Department may require that the local entity remedy the situation in order to
				  remain in the program.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
2. Amendment filed 6-3-85; effective thirtieth day thereafter
					 (Register 85, No. 23).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7426 - Appeals Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following appeals procedures shall apply to operation
					 of the program.
(a) Local entities
				  whose applications for fund commitments are not recommended for approval by the
				  Loan Committee may appeal the Committee's decision in accordance with the
				  procedures set forth in Section 6906.
(b) Borrowers whose loan applications have
				  not been approved by the local entity may appeal to the local entity.
(c) A local entity may appeal any action by
				  Department staff on applications for loans to borrowers to the Loan Committee.
				  The Loan Committee shall make a recommendation on the appeal to the Director,
				  whose decision shall be final.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7428 - Disbursement of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following procedure shall govern disbursement of funds
					 to local entities.
(a) Funds for loans
				  will be disbursed to, or on behalf of, the local entity as the need for funds
				  arises in a manner determined by the Department. Such disbursements may include
				  advance payments on the total approved loan fund commitment and payments
				  thereafter as needed to facilitate effective administration of the program by
				  local entities.
(b) The Department
				  shall disburse administrative grant funds to local entities on a quarterly
				  basis or on a loan-by-loan basis, at the discretion of the
				  Department.
(c) The local entity
				  must request disbursements of funds in writing at least twenty days before
				  receipt is required.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7430 - Cancellation of Commitments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commitments to local entities may be cancelled by the
					 Department after they have been approved but before any disbursements have been
					 made, or further disbursements may be cancelled after initial disbursements
					 have been made if a local entity is not operating the program in accordance
					 with the schedule or other provisions in the application or Standard Agreement
					 or if the objectives of the commitment cannot be met. Upon notice of
					 cancellation, the local entity shall have a right to a hearing before the Loan
					 Committee. The Loan Committee shall consider the appeal at its next regularly
					 scheduled meeting and make a recommendation to the Director, whose decision
					 shall be final.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
2. Amendment filed 6-3-85; effective thirtieth day thereafter
					 (Register 85, No. 23).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7434 - Disposition of Recaptured Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All funds repaid to the Department because of termination,
					 transfer, sale, conveyance, alienation, breach, or default will be deposited in
					 the Housing Rehabilitation Loan Fund and be available for commitments to other
					 eligible local entities and for administrative costs.
1. Amendment
					 filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7436 - Technical Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may offer technical assistance to eligible
					 local entities in the preparation of applications and in the design and
					 implementation of program activities, to the extent deemed feasible by the
					 Department.
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50660-50670, 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 5 - Deferred-Payment Rehabilitation Loans › Section 7438 - Displacement and Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local entities shall ensure provision of
				  affordable temporary housing to eligible households residing in a rental
				  housing development prior to rehabilitation if such households are required to
				  move temporarily during rehabilitation, in accordance with the requirements of
				  subdivisions (c)-(f) of Government Code Section 7265.3.
(b) Local entities shall ensure provision of
				  payments to eligible persons and families permanently displaced as a result of
				  rehabilitation work in accordance with the requirements of subdivisions (a)-(b)
				  and (e)-(f) of Government Code Section 7265.3.
1. New
					 section filed 10-2-81; effective thirtieth day thereafter (Register 81, No.
					 40).
Note: Authority cited: Section 50662, Health and Safety
						Code. Reference: Sections 50661, 50662 and 50663, 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 5.5 - Special User Housing Rehabilitation Program › Section 7450 - Scope and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations set forth policies governing the
					 implementation, management and use of the Special User Housing Rehabilitation
					 Program. They establish procedures to provide deferred payment loans from the
					 Housing Rehabilitation Loan Fund for the rehabilitation or acquisition and
					 rehabilitation of rental housing developments for occupancy of eligible
					 households of low or very low income.
1. New
					 Subchapter 5.5 (Sections 7450-7480, not consecutive) filed 12-26-80; effective
					 thirtieth day thereafter (Register 80, No. 52).
2. Amendment
					 (including Subchapter heading) filed 4-5-94; effective thirtieth day thereafter
					 (Register 84, No. 14).
Note: Authority cited: Section 50662, Health and Safety
						Code; Reference: Sections 50669-50670, 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 5.5 - Special User Housing Rehabilitation Program › Section 7454 - Eligible Use of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall provide direct deferred payment loans
					 from the Fund to eligible sponsors to be used for the following
					 purposes:
(a) to rehabilitate a
				  substandard rental housing development for occupancy by eligible households
				  without the use of rental assistance subsidies; or
(b) to purchase and rehabilitate a
				  substandard rental housing development for occupancy by eligible households
				  without the use of rental assistance subsidies.
Note: Authority cited: Section 50662, Health and Safety
						Code; Reference: Sections 50669-50670, 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 5.5 - Special User Housing Rehabilitation Program › Section 7456 - Authorized Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Loans from the Fund may be used for costs including, but not limited to, the
				  following authorized expenses:
(1) All or a
				  portion of the costs of purchasing rental housing developments;
(2) All or a portion of the costs of
				  rehabilitating and otherwise upgrading the rental housing development to
				  conform with applicable building or housing codes and to improve habitability
				  and maintenance of the property, except:
(A)
				  Purchase, installation, or repair of furnishings other than essential
				  appliances;
(B) Materials,
				  fixtures, or equipment of a type or quality which exceeds that customarily used
				  for properties of the same general type to be rehabilitated.
(C) Administrative and overhead costs, except
				  as provided in subparagraph (a)(13).
(3) The cost of room additions or
				  enlargements, if the sponsor can document the need to eliminate overcrowding or
				  unhealthy conditions.
(4) Costs of
				  improvements related to making a unit accessible to and useable by the elderly
				  or handicapped.
(5) The cost of
				  architectural, engineering, and other professional services for the development
				  of the project, including but not limited to the preparation of plans,
				  drawings, and specifications for the rehabilitation of the property.
(6) The cost of building permits and related
				  fees required for the rehabilitation.
(7) The cost of title reports, title
				  insurance, appraisals and fees for recording documents related to the
				  loan.
(8) The cost of repair and
				  installation of energy conservation systems and weatherization when done in
				  conjunction with other rehabilitation work.
(9) The cost of security and fire protection
				  devices.
(10) Costs relating to
				  displacement and temporary or permanent relocation of existing tenants of the
				  rental housing development.
(11)
				  Costs required by the Department related to review and approval of the
				  loan.
(12) The cost of legal
				  fees.
(13) The cost of a non-profit
				  sponsor's overhead and administration directly related to program
				  implementation may be included in a loan, provided the sponsor can demonstrate
				  that such costs are necessary for the non-profit corporation to implement the
				  project. Such costs shall not exceed 5 percent of the total loan amount, or
				  $20,000, whichever is less.
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 5.5 - Special User Housing Rehabilitation Program › Section 7458 - Eligibility of Sponsors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the time of application for assistance, the sponsor shall provide evidence to
				  the Department that it has or will have the capability to rehabilitate, own
				  and/or manage the rental housing development. In determining the capability of
				  a sponsor, the Department shall consider the extent to which the sponsor is or
				  will be:
(1) administratively and financially
				  capable, as evidenced by a current financial statement and previous experience
				  of the sponsor or persons affiliated with the sponsor in developing, owning,
				  managing or rehabilitating private or publicly-assisted housing developments;
				  and
(2) capable of proceeding
				  promptly to implement a program to acquire and rehabilitate, or rehabilitate
				  and manage a rental housing development for eligible households in accordance
				  with this subchapter.
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 5.5 - Special User Housing Rehabilitation Program › Section 7460 - Loan Limits, Rates and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following loan limits, rates and terms shall apply to
					 all loans made pursuant to this subchapter.
(a) Loan Limits:
(1)
Small
							 Unit
Large Unit
Residential
(less
							 than
(3 bedrooms
Hotel
							 Unit
3 bedrooms)
or
							 more)
Rehabilitation
$15,000
$25,000
$35,000
Acquisition/Rehabilitation
$25,000
$35,000
$45,000
For rehabilitation of a single-family dwelling the loan
					 limit is $45,000 for a project of up to three bedrooms, plus $10,000 for each
					 additional bedroom beyond three bedrooms. For acquisition/rehabilitation of a
					 single-family dwelling, the loan limit is $160,000 for a project of up to three
					 bedrooms, plus $40,000 for each additional bedroom beyond three
					 bedrooms.
(2) Exceptions to these
				  limits may be approved by the Director if warranted by the presence of
				  extraordinary conditions, such as high prevailing costs of acquiring rental
				  housing developments in certain localities or the need for extensive structural
				  rehabilitation work required by the state or local building and safety
				  codes.
(3) The maximum deferred
				  payment loan plus other indebtedness against the property shall not exceed 90
				  percent of the sum of the fair market value of the rental housing development
				  prior to rehabilitation or acquisition and rehabilitation plus the anticipated
				  cost of the rehabilitation work to be undertaken. A nonprofit or local public
				  entity sponsor may receive a 100 percent loan if it demonstrates the need for
				  full financing.
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 5.5 - Special User Housing Rehabilitation Program › Section 7464 - Loan Closing, Security, and Disbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the Department may disburse funds
				  to any sponsor, the approved loan shall be closed by execution of the following
				  agreements and documents, which will have been prepared by the Department or at
				  its direction:
(1) a regulatory
				  agreement;
(2) a promissory
				  note;
(3) security instrument(s);
				  and
(4) other agreements and
				  documents required by the Department.
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 5.5 - Special User Housing Rehabilitation Program › Section 7466 - Tenancy Standards and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Procedures for tenant selection, rents, and eviction for
					 tenants of residential housing developments shall be governed by the regulatory
					 agreement which shall include, but not be limited to, the following
					 terms:
(a) Sponsors shall select only
				  eligible households as tenants.
(b)
				  Sponsors shall give first priority subsequent to rehabilitation to eligible
				  households displaced as a result of rehabilitation assisted by the
				  Program.
(c) Sponsors shall not
				  unlawfully discriminate or permit unlawful discrimination in the selection or
				  treatment of tenants, and shall abide by all local, State, and Federal laws and
				  regulations prohibiting such discrimination.
(d) The Department shall establish a schedule
				  of affordable rents to low and very low income tenants of the rental housing
				  development, to the extent consistent with the financial integrity of such
				  development. Rents may be periodically increased after sponsors submit a
				  written request to the Department which demonstrates that such increases are
				  necessary to defray operating costs and to avoid jeopardizing the financial
				  integrity of the housing development. Rents may be increased only upon
				  Department approval of the request. In the event that the Department does not
				  act on a request for a rent increase within 60 days from documented receipt of
				  the request, such increase shall be deemed approved.
(e) The sponsor shall use a lease for
				  occupancy on a form approved by the Department. Included in the lease shall be
				  a requirement that tenants shall promptly report to sponsors any increase in
				  income. Sponsors shall annually redetermine tenants' income eligibility on a
				  form approved by the Department. If a tenant's net income exceeds the upper
				  limit for low income households, the tenant shall be required to vacate the
				  assisted unit within six months from the date of income redetermination or
				  notice to the sponsor of an increase in income over the permissible income
				  level.
(f) The sponsor and tenants
				  shall comply promptly and fairly with the responsibilities under law and as set
				  forth in the lease.
1. Amendment
					 of subsection (d) filed 4-5-84; effective thirtieth day thereafter (Register
					 84, No. 14).
Note: Authority cited: Section 50662, Health and Safety
						Code; Reference: Sections 50669-50670, Health and Safety
						Code.