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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7842 - Committee Review of Applications and Other Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Committee shall be responsible for
					 the review and recommendation of all pre-applications for assistance, the
					 allocations for assistance, the allocation of Program funds between the
					 component accounts established by this subchapter, and such other functions and
					 duties as may be required by the Director.
(b) The Committee shall operate and consist
					 of members as set forth in Subchapter 1 (commencing with Section 6900) of
					 Chapter 6.5 of Part 1 of Title 25, California Administrative Code.
(c) In reviewing any matter under this
					 subchapter, the Committee shall consider the recommendations of Program staff;
					 the application; and written or oral testimony, if any, from the applicant, the
					 sponsor, or any other interested person.
(d) In its review, the Committee shall take
					 into account:
(1) compliance with this
					 subchapter,
(2) rating with respect
					 to priorities,
(3) whether the
					 provision of assistance to the sponsor will result in the most effective and
					 efficient use of available funds,
(4) the geographic distribution of assisted
					 units throughout the state in accordance with identified housing
					 needs,
(5) the allocation of
					 assistance pursuant to Section 7816(b),
(6) whether approval of the costs of
					 permanent financing as developmental costs will reduce expenses to the Program
					 over the life of the State Contract, and
(7) such other considerations as are
					 consistent with the terms and objectives of the 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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7844 - Action by the Director and Applicant Request for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director
					 shall, within (15) days of the Committee recommendation, inform the applicant
					 in writing of his/her decision stating:
(1)
					 that the pre-application has been approved for conditional commitment and
					 condition, if any, attached to the commitment.
(2) that the pre-application has been
					 postponed by the Committee and the date that it will be reconsidered or an
					 explanation of the actions necessary for it to be reconsidered.
(3) that the pre-application has been
					 rejected and the specific reasons for the rejection.
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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7846 - Disbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of
					 Department approval of pre-application, the Department shall reserve a sum of
					 no more than 120% of the amount of assistance approved for a specific
					 development for a period not to exceed one year. The Department shall disburse
					 funds to the local finance entity or housing authority after closing of the
					 loan and execution of the state contract or any amendment thereto, provided
					 that all terms and conditions of the approved application are met, pursuant to
					 the terms of the State contract.
(b) Upon receipt of funds from the
					 Department, the responsible agency shall establish an appropriate project
					 account and, pending further disbursements by the responsible agency, shall
					 invest the funds and remit interest thereon to the Department at the time
					 specified by the state contract. Funds from the account shall not be disbursed
					 for the development except as permitted by this subchapter and the state
					 contract, development contract, or regulatory agreement.
(c) With the written approval of the
					 responsible agency the Department may disburse payments directly to the sponsor
					 or its designee. However, the responsible agency shall ensure that all
					 conditions precedent to such payment are to be met.
1.
						Amendment filed 11-13-80 as an emergency: effective upon filing (Register 80,
						No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days
						or emergency language will be repealed on 3-13-81.
2. Certificate of
						Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No.
						16).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7850 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulatory
					 agreement between the sponsor and the responsible agency shall contain a
					 requirement that the sponsor report to the responsible agency in a form
					 approved by the Department at least annually.
(b) The state contract between the
					 responsible agency and the Department shall contain a requirement that the
					 responsible agency monitor the rental housing development and report annually
					 to the Department in a form approved by the Department. Each report shall deal
					 separately with each rental housing development for which the responsible
					 agency is responsible and shall be submitted to the Department no later than
					 ninety (90) days after the beginning of each fiscal year established for the
					 rental housing development. The report shall contain such information as the
					 Department may require, including but not limited to:
(1) the fiscal condition of the rental
					 housing development, including an audited financial statement indicating
					 surplus or deficits in operating accounts and the amount of any fiscal
					 reserves,
(2) the substantial
					 physical defects in the rental housing development, including a description of
					 any major repair or maintenance work undertaken in the reporting
					 year,
(3) the occupancy of the
					 rental housing development indicating,
(A) the
					 number and sizes of assisted units available to or occupied by eligible
					 households,
(B) the distribution of
					 incomes of eligible households,
(C)
					 the ethnic groups to which eligible households belong, and
(D) the numbers of eligible very low income
					 and other lower income households on waiting list for assisted
					 units.
(4) general
					 management performance, including tenant relations and other relevant
					 information.
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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7852 - Contract and Agreement Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may approve an amendment
					 to the state contract to reflect any change in development funds only:
(1) to correct substantial errors by the
					 Department, the Agency, the local finance entity or the local housing authority
					 in the original processing which would otherwise result in serious
					 inequities,
(2) to reflect
					 differing costs which result from new requirements imposed by local government,
					 the Department, the Agency, local finance entities, the local housing
					 authority, or federal agencies which are beyond the control of the owner, which
					 have been approved by the Department, and which could not have been anticipated
					 at the time the state contract was executed, or
(3) to reflect differing costs which result
					 from a change in contractor which is necessary because the original contractor
					 became bankrupt, was terminated by the sponsor due to inadequate performance or
					 abandoned the job.
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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7854 - Tenant Occupancy Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulatory agreement between the
					 sponsor and the responsible agency shall require standards for occupancy of
					 assisted units. Included in such standards shall be the requirement that one
					 bedroom units shall be assigned ordinarily to single person households only
					 when there are no efficiency units available.
(b) The general standards for determination
					 of a tenant's unit size are as follows:
Unit Size
Minimum
								No. of Persons in Household
Maximum No. of Persons in
								Household
0-BR
1
1
1-BR
1
2
2-BR
2
4
3-BR
4
6
4-BR
6
8
5-BR
8
10
(c) Flexibility for assignment to a different
					 sized unit is permitted if special circumstances warrant such an assignment and
					 its reason are documented in the tenant's file.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50746, 50749, 50757, and 50766, 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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7856 - Tenant Selection Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulatory agreement between the responsible agency
						and the sponsor shall require the development of tenant selection procedures
						which shall require at least the following plans and procedures with respect to
						the selection and admission of households applying to occupy assisted units and
						which, after approval by the responsible agency, shall form part of the
						regulatory agreement and be binding on the sponsor while the assistance remains
						in effect.
(a) An affirmative
					 marketing plan shall be established which must include the following:
(1) Local residency requirements are
					 prohibited. Local residency preferences are discouraged except as required by
					 subdivision (b).
(2) Policies to
					 achieve greater access to housing opportunities created by the Program for all
					 persons regardless of race, sex, marital status, color, religion, national
					 origin, handicap, other arbitrary factors.
(3) In general, all the requirements of the
					 affirmative fair housing marketing plan required by Title 24, Code of Federal
					 Regulations Section 883.315 and the Affirmative Fair Housing Marketing
					 Regulations in Title 24, Code of Federal Regulations Sections 200.600 et seq.,
					 whether or not federal assistance is received.
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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7858 - Lease and Occupancy Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each household selected to occupy a unit
					 in the rental housing development shall enter into a lease with the sponsor of
					 the rental housing development. Such a lease shall be a standard form approved
					 by the Department, including but not limited to the following terms:
(1) a tenancy from year to year, with a
					 provision allowing the tenant to terminate the tenancy on thirty (30) days
					 written notice to the sponsor or, in the case of cooperatives, terms to be
					 approved by the Department,
(2)
					 termination provisions in compliance with Section 7860,
(3) provisions relating to the annual
					 recertification of the income of the tenant in an assisted unit in accordance
					 with this section,
(4) provisions
					 relating to security, cleaning and other deposits in accordance with law, and
					 in the case of cooperatives, the downpayment,
(5) provisions requiring notice of approved
					 rent increases pursuant to Section 7864.
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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7860 - Termination and Eviction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 tenancy in a unit in a rental housing development may be terminated without the
					 termination being deemed an eviction under the following circumstances:
(1) death of the sole tenant of a
					 unit,
(2) by the tenant at the
					 expiration of a term of occupancy,
(3) by abandonment of the premises by the
					 tenant, or
(4) with respect to a
					 tenant of an assisted unit by a failure to maintain financial eligibility
					 pursuant to Section 7858, providing the sponsor gives the tenant 60 days
					 written notice of such termination.
Any termination of a tenancy other than those listed in
						this subdivision shall constitute an "eviction" and shall be effected only
						pursuant to the remaining provisions of the section.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7864 - Rent Increase Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Base rents shall be adjusted within 60
					 days following adjustment of cost of living increases pursuant to Section 11453
					 of the Welfare and Institutions Code and publication of new area median incomes
					 by the Department, and utility cost adjustments shall be made pursuant to
					 Section 7806. A 30-day notice of utility allowance or base rent change shall be
					 given to the tenant prior to the effective date of such an increase or
					 decrease.
(b) Following completion
					 of recertification of tenant income, a 30-day notice to the tenant of rent
					 increase or decrease must be given prior to the effective date of such an
					 adjustment.
(c) Prior to any change
					 in the rent, the sponsor shall notify each tenant, in writing, of informal
					 meetings with the sponsor to discuss the rent rate changes.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50749, 50759 and 50767, 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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7866 - Return on Investment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor which is not a nonprofit
					 corporation or a governmental agency shall be entitled to distribute earnings
					 in an annual amount not to exceed six percent (6%) of the sponsor's actual
					 investment in a rental housing development.
(b) Notwithstanding subdivision (a), the
					 Committee may authorize such sponsor to distribute earnings of an amount
					 greater than six percent (6%) but not to exceed ten percent (10%) on a family
					 rental housing development if it determines:
(1) that without the allowance of such
					 greater rate of return the Department would not be able to comply with the
					 requirements of Section 50736 of the Code, and
(2) that such greater rate of return is
					 reasonable taking into account all the circumstances of 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 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7868 - Maintenance and Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With respect to all units in the rental
					 housing development, the sponsor is responsible for all management functions
					 (including selection of tenants, recertification of family incomes, evictions
					 and other terminations of tenants, and collection of rent) and all repair and
					 maintenance of capital items.
(b)
					 The standard of care under this section shall require that the units and common
					 areas be maintained as required by local health and building or housing codes,
					 that this subchapter be fully complied with, that the security of the State's
					 interest not be endangered, and that the objectives of the Program be
					 met.
(c) With the approval of the
					 responsible agency and the Department, the sponsor may contract with a private
					 or public entity for the performance of the services or duties required in
					 subdivision (a). However, such an arrangement does not relieve the sponsor of
					 responsibility for proper performance of these duties.
(d) The sponsor shall develop a management
					 plan to be approved by the responsible agency and the Department. The plan
					 shall include the following:
(1) The role and
					 responsibility of the sponsor and its delegations of authority to the managing
					 agent.
(2) Personnel policy and
					 staffing arrangements.
(3) Plans
					 and procedures for publicizing and achieving early occupancy.
(4) Procedures for determining tenant
					 eligibility and for certifying and recertifying incomes.
(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 tenant-management
					 relations.
(9) Social service
					 programs, if any.
(10) Management
					 agreement.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7870 - Transfer, Foreclosure, Breach, or Termination of Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the sponsor
					 intends to sell or convey the rental housing development, express, prior
					 written approval of both the local finance entity and the Department is
					 required and may be given provided that the following terms shall be
					 incorporated:
(1) The successor in interest
					 to the grantor agrees to assume the obligation of the grantor relating to the
					 Program.
(2) The successor in
					 interest is an eligible sponsor and demonstrates that it can successfully own
					 and operate 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7871 - Committee Advice and Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Excepting subdivision (b) and Section
					 7878(d), projects processed under the authority of this article shall not be
					 subject to the provisions of Subchapter 1 of Chapter 6.5, commencing with
					 Section 6900. However, the Committee shall be constituted as set forth in
					 Section 6902(c) and may provide advice to the Director with respect to the
					 compliance of the application with program objectives and requirements. The
					 Committee's advice may include a recommendation to approve, approve with
					 conditions, or reject the application.
(b) In addition to the power of review and
					 recommendation set forth in Section 7878(d), the Committee may recommend denial
					 of any action or decision by the Director within 45 days of that decision or at
					 the next Committee meeting at which time the matter can be properly included in
					 the agenda, whichever comes first. Such actions or decisions which are properly
					 within the scope of review shall include, but not be limited to:
(1) the preparation or dissemination of the
					 allocation plan,
(2) the
					 establishment of the return on investment of any sponsor,
(3) the terms of commitment or disbursement
					 of funds to the Agency,
(4) the
					 approval of and amendments to the Interagency Agreement or other agreements
					 with the Agency affecting the operation of the 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7872 - Site Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed development sites must be certified by the
						Agency as meeting the following criteria:
(a) The site and neighborhood must be
					 suitable for the type of housing proposed.
(b) The site must be free from severe adverse
					 environmental or social conditions, or such conditions must be mitigated when
					 the housing is completed.
(c) The
					 housing must be accessible to employment and to appropriate social,
					 recreational, educational, commercial and health services that are typically
					 found in market-rate residential neighborhoods.
(d) The project must not be built on a site
					 that has occupied residential structures or has had such structures within the
					 six months prior to application to the applicant.
(e) The project may not be built in an area
					 identified as having special flood hazards unless the project is covered by
					 flood insurance.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50737, 50737.5, 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7874 - Development Standards and Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All rental housing developments shall
					 conform to all State and local building codes, zoning ordinances, and general
					 plan requirements.
(b) A project
					 must not separate, segregate or otherwise physically distinguish assisted units
					 from non-assisted units.
(c)
					 Amenities in the development generally must be limited to those which are
					 generally provided in unassisted housing of modest design in the area. All
					 amenities will be subject to strict scrutiny. The use of energy-efficient
					 construction techniques or materials, or more durable, high quality materials,
					 to control or reduce maintenance, repair, or replacement costs will not be
					 considered an excess amenity.
(d)
					 The standards of this section shall be utilized by the Agency in applying
					 priorities pursuant to Section 7876.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7878 - Application Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the Program and the allocation
					 plan, after the Agency has approved a site for a proposed project, it may apply
					 to the Department requesting authority to set-aside moneys to assist the
					 project.
(b) The application shall
					 consist of:
(1) a description of the proposed
					 project including the number and size of assisted units,
(2) a description of the amount and form of
					 assistance requested and an assurance that the assisted units will be made
					 affordable.
(3) a certification
					 that the sponsor is capable of meeting all other responsibilities necessary to
					 develop, construct, market, and manage the project in a manner consistent with
					 the goals and requirements of the Program,
(4) a description of special construction
					 techniques and energy efficiency characteristics, if any,
(5) certifications that the proposed project
					 will be consistent with local planning requirements,
(6) certification that the project will be
					 economically feasible,
(7) a
					 certification that the project complies with the appropriate allocation plan,
					 and
(8) an explanation of the
					 extent to which the proposed project qualifies under the priorities of the
					 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7880 - Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Projects
					 assisted pursuant to the Interagency Operating Agreement shall utilize below
					 market interest rate financing consistent with the objectives of the Program
					 and acceptable to the Department. Such financing shall be on terms and
					 conditions set forth or approved by the Agency and may be for construction
					 loans and/or permanent mortgage loans.
(b) With respect to each project assisted
					 pursuant to this Article, the Agency shall employ such methods, techniques,
					 investigations, tests, analyses, studies and evaluations which in the Agency's
					 judgment, are necessary to assure that the projects proposed for assistance
					 meet the objectives and requirements of the Program, and are substantially
					 consistent with the approved application.
(c) The Agency shall establish such accounts
					 as it deems necessary to comply with the requirements of the Program.
1.
						Amendment of subsection (a) filed 11-13-80 as an emergency; effective upon
						filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and
						filed 4-14-81 (Register 81, No. 16).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7882 - Contracts and Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All developments financed by the Agency shall be governed
						by contracts and agreements, including but not limited to:
(a) a state contract which shall contain, at
					 a minimum, provisions which:
(1) describe how
					 the assistance under the Program will be used to ensure that each assisted unit
					 will remain available to or occupied by eligible households for a period of not
					 less than thirty (30) years or the term of the below market interest financing,
					 if any, whichever is greater,
(2)
					 specify the amount, manner, terms, and timing of payments by the Department and
					 the Agency under this contract and the Agency and sponsor under the regulatory
					 agreement or assistance payments contract, as appropriate, so as to ensure the
					 economic feasibility of the rental housing development and to protect the
					 interests of the State,
(3) specify
					 all terms and conditions of the application approval,
(4) specify the requirements for reporting in
					 accordance with Section 7884,
(5)
					 provide that the terms of such agreements, as they affect the assisted units
					 shall be binding upon the successors in interest to the parties
					 thereto,
(6) establish that the
					 terms of repayment of excess funds and rental payments by the Agency to the
					 Department, and
(7) establish the
					 grounds upon which the Agency may reduce the number of assisted units in a
					 rental housing development only if the assistance provided by the Department or
					 Agency cannot provide adequate assistance to maintain the development's fiscal
					 integrity. Any such reduction shall be reviewed no less often than annually as
					 to its continued necessity.
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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7884 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulatory
					 agreement between the sponsor and the Agency shall contain a requirement that
					 the sponsor report to the Agency at least annually.
(b) The Interagency Operating Agreement shall
					 contain a requirement that the Agency report annually to the Department in a
					 form approved by the Department. Each report shall deal separately with each
					 rental housing development for which the Agency is responsible and shall be
					 submitted to the Department no later than October 31 in each year. The report
					 shall contain such information as the Department may reasonably require,
					 including but not limited to:
(1) the fiscal
					 condition of the rental housing development, including an audited financial
					 statement indicating surpluses or deficits in operating accounts and the
					 amounts of any fiscal reserves,
(2)
					 the substantial defects in physical condition of the rental housing development
					 including a description of any major repair or maintenance work undertaken in
					 the reporting year,
(3) the
					 occupancy of the rental housing development indicating:
(A) the number and sizes of assisted units
					 available to or occupied by eligible households,
(B) the distribution of incomes of eligible
					 households,
(C) the ethnic groups
					 to which the eligible households belong, and
(D) the number of eligible very low income
					 and other lower income households on waiting lists for the assisted
					 units,
(4) general
					 management performance including tenant relations and other relevant
					 information.
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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7886 - Tenant Selection and Occupancy Standards and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With respect to the assisted units, except as otherwise
						required by the Program, the sponsor shall develop tenant selection and
						occupancy standards and procedures which comply with the requirements of
						Article 5 (commencing with Section 11401) of Chapter 2 of Part II of Title 25,
						California Administrative Code.
1.
						Amendment filed 11-13-80 as an emergency; effective upon filing (Register 80,
						No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days
						or emergency language will be repealed on 3-13-81.
2. Certificate of
						Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No.
						16).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50746, 50749, 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7888 - Rent Adjustment Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With respect to the assisted units,
					 tenant's incomes shall be recertified once each year for households in family
					 projects and at least once every two years for households in elderly
					 projects.
(b) If, upon
					 recertification, there have been changes in the household income, the
					 household's rent shall be re-established in accordance with Section 7806, or
					 established at market rent, whichever is indicated.
(c) Base rents may be adjusted at any time
					 following adjustment of cost of living increases pursuant to Section 11453 of
					 the Welfare and Institutions Code and publication of new area median incomes by
					 the Department, and utility cost adjustments shall be made pursuant to Section
					 7806. A 30-day notice of utility allowance or base rent change shall be given
					 to the tenant prior to the effective date of such an increase or
					 decrease.
(d) Following completion
					 of recertification of tenant income, a 30-day notice to the tenant of rent
					 increase or decrease must be given prior to the effective date of such an
					 adjustment.
(e) Prior to any change
					 in rent, the sponsor shall notify each tenant, in writing, of informal meetings
					 with the sponsor to discuss the rent changes.
(f) Where rents in assisted units are
					 established and charged pursuant to Section 7806(g), then rents shall be
					 adjusted in accordance with the rules and regulations governing the Federal
					 Section 8 program.
1.
						Amendment of subsection (a) filed 11-13-80 as an emergency; effective upon
						filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and
						filed 4-14-81 (Register 81, No. 16).
3. New subsection (f) filed
						10-25-82; effective upon filing pursuant to Government Code Section 11346.2(d)
						(Register 82, No. 44).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50749, 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7890 - Return on Investment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor which is not a nonprofit
					 corporation or a governmental agency shall be entitled to distribute earnings
					 in an annual amount not to exceed six percent (6%) of the sponsor's actual
					 investment in a rental housing development, excluding unaccrued liabilities of
					 the sponsor.
(b) Notwithstanding
					 subdivision (a), the Committee may authorize the distribution of earnings of an
					 amount greater than six percent (6%) but not to exceed ten percent (10%) on a
					 family rental housing development if, at the request of the Agency, it
					 determines:
(1) that without the allowance of
					 such greater rate of return the agency would not be able to comply with the
					 requirements of this subchapter, and
(2) that such greater rate of return is
					 reasonable taking into account of the circumstances of 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 10 - Rental Housing Construction Program › Article 6 - CHFA Developments › Section 7892 - Transfer, Foreclosure, Breach, or Termination of Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the sponsor
					 intends to sell or convey the rental housing development, express, prior
					 written approval of the Agency is required and may be given provided that the
					 following terms shall be incorporated:
(1) The
					 successor in interest to the grantor agrees to assume the obligations of the
					 grantor relating to the Program specified in the regulatory
					 agreement.
(2) The successor in
					 interest is an eligible sponsor and demonstrates that it can successfully own
					 and operate 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 11 - Homeownership Assistance Program › Article 1 - General › Section 7900 - Scope and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These regulations implement and interpret
					 the Homeownership Assistance Program, Sections 50775 through 50779, inclusive,
					 of the Health and Safety Code. They establish procedures for the allocation of
					 financial assistance to eligible households to enable them to acquire ownership
					 of housing which they would otherwise be unable to purchase. They also delegate
					 authority from the Director of the Department of Housing and Community
					 Development to a committee established pursuant to Title 25, California
					 Administrative Code, Section 6902 (d) for the review and recommendation of
					 financial assistance under the Program.
(b) The program is divided into four main
					 components which delineate the different situations in which purchases will be
					 assisted for eligible households. The four main components consist of:
(1) assistance to eligible households to
					 purchase rental housing (including spaces in mobilehome parks) being converted
					 to condominium or cooperative ownership;
(2) assistance to eligible households to
					 purchase mobilehomes on permanent foundations and not located within mobilehome
					 parks;
(3) assistance to nonprofit
					 and stock cooperative corporations to purchase or develop mobilehome parks;
					 and
(4) assistance to eligible
					 households to purchase shares in a cooperative corporation which owns a
					 mobilehome park.
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 11 - Homeownership Assistance Program › Article 2 - Program Requirements › Section 7904 - Eligible Use of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall provide financial assistance from
						the Fund, either directly or through a mortgage lender, to enable eligible
						recipients to purchase or develop property as provided in this section.
(a) Financial assistance may be used for the
					 following purposes:
(1) to enable an eligible
					 household, which has occupied for at least 120 days prior to the date of
					 submission of an application under Section 7916 a rental unit being converted,
					 to purchase the unit it has occupied or another rental unit in the same rental
					 housing development being converted, provided that such other rental unit is
					 not being purchased by its occupant(s), or to purchase a share in a cooperative
					 corporation which entitles the holder to occupy a converted rental
					 unit;
(2) to enable an eligible
					 household to purchase a mobilehome affixed to a permanent foundation, not
					 located or to be located in a mobilehome park;
(3) to enable, on an interim basis, a
					 nonprofit corporation to develop or purchase a mobilehome park where, within a
					 reasonable time thereafter, ownership of the mobilehome park will have been
					 transferred to it occupants, either as individual owners or a shareholders in a
					 cooperative corporation which owns the mobilehome park or;
(4) to enable an eligible household to
					 purchase a share in a cooperative corporation which entitles the holder to
					 reside in a mobilehome park.
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 11 - Homeownership Assistance Program › Article 2 - Program Requirements › Section 7906 - Eligible Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Governmental agencies may apply to the Department for a
						funding commitment under the Program on behalf of eligible households and
						nonprofit or stock cooperative corporations. To be eligible for a funding
						commitment under the Program, a governmental agency must meet the following
						criteria:
(a) It must be certified by
					 the Department as an eligible participant in accordance with Section
					 7910.
(b) The city and/or county
					 having jurisdiction over the area in which assistance is proposed to be
					 provided, must:
(1) have an adopted housing
					 element which is in conformance with Section 65302 (c) of the Government Code;
					 or
(2) been granted an extension to
					 prepare a Housing Element by the Office of Planning and Research pursuant to
					 Government Code Section 65302.6 prior to approval of the application;
					 or
(3) the Department must make a
					 finding that there exists in the region a severe housing shortage for low and
					 moderate income households, and notwithstanding the locality's failure to
					 comply with state housing element requirements, there exists such an overriding
					 need for the proposed housing assistance that state funding is justified.
Where the housing development for which assistance is
						proposed is a subdivision under the State Subdivision Map Act, the requirements
						of this Act, including Government Code Section 66473.5, shall be
						met.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 11 - Homeownership Assistance Program › Article 2 - Program Requirements › Section 7908 - Need for Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A household shall not be eligible under the Program
						unless it has been determined that such household will be unable to acquire the
						property without financial assistance from the Fund.
(a) A household shall be determined to be
					 unable to acquire property without financial assistance under the Program if:
(1) the monthly housing cost associated with
					 the property to be purchased would exceed thirty-five (35) percent of the
					 household's income; and
(2) the
					 household's assets do not exceed the total of the following:
(A) the amount necessary to pay the estimated
					 closing cost and downpayment for the property to be purchased;
(B) the amount necessary to pay six (6)
					 months of the monthly housing costs associated with the unit to be purchased;
					 and
(C) five thousand dollars
					 (5,000).
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 11 - Homeownership Assistance Program › Article 2 - Program Requirements › Section 7910 - Certification of Program Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the Department enters into any
					 contract with, or makes any payment to a governmental agency or a mortgage
					 lender, the Department shall certify upon receipt of a proposal and application
					 for assistance that such agency or lender is capable of fulfilling its
					 responsibilities with respect to the Program and such contract or
					 payment.
(b) In determining the
					 capability of a governmental agency under this section, the Department shall
					 consider whether such agency is:
(1)
					 administratively responsible, as evidenced by the experience of such agency, or
					 the administrative responsibility of staff or consultants employed or to be
					 employed by such agency, in implementing housing rehabilitation, rental
					 assistance, homeownership assistance or other related housing assistance
					 programs; and
(2) capable of
					 proceeding promptly to carry out a program of assistance 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 11 - Homeownership Assistance Program › Article 2 - Program Requirements › Section 7912 - Program of Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A program of assistance to eligible recipients shall be
						implemented by participating governmental agencies.
(a) The program of assistance to eligible
					 households shall contain the following elements applicable to the type of
					 assistance being provided:
(1) where
					 assistance is provided pursuant to Section 7904 (a) (1), notification to
					 tenants in the rental housing development being converted that financial
					 assistance under this program is available, regardless of race, sex, marital
					 status, color, religion, national origin or ancestry;
(2) where assistance is provided pursuant to
					 Section 7904 (a) (2) and (4), notification to eligible households as provided
					 under Section 7934 that financial assistance under this Program is available,
					 regardless of race, sex, marital status, color religion, national origin or
					 ancestry;
(3) provision of
					 counseling and training to prospective purchasers regarding their rights and
					 responsibilities as homeowners including budgeting for mortgage payments and
					 related housing costs;
(4)
					 notification to eligible households of the names and locations of mortgage
					 lenders certified to make loans in conjunction with the state under the
					 Programs;
(5) assistance to
					 eligible households in making applications for loans.