reglab/statecodes huggingface dataset:
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6162 - Extension of Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The time limits specified in Section 6156 may be extended
						for good cause by the public entity.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6164 - Recommendations by Third Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon agreement between the claimant and the public
						entity, a mutually acceptable third party or parties may review the claim and
						make advisory recommendations thereon to the head of the public entity for its
						final determination. In reviewing the claim and making recommendations to the
						public entity, the third party or parties shall be guided by the provisions of
						this Article.
Except to the extent the confidentiality of material is
						protected by law or its disclosure is prohibited by law, a public entity shall
						permit the claimant to inspect all files and records bearing upon his claim or
						the prosecution of the claimant's grievance. If a claimant is improperly denied
						access to any relevant material bearing on the claim, such material may not be
						relied upon in reviewing the initial determination.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6166 - Review of Files by Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except to the extent the confidentiality of material is
						protected by law or its disclosure is prohibited by law, a public entity shall
						permit the claimant to inspect all files and records bearing upon his claim or
						the prosecution of the claimant's grievance. If a claimant is improperly denied
						access to any relevant material bearing on the claim, such material may not be
						relied upon in reviewing the initial determination.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6168 - Effect of Determination on Other Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principles established in all determinations by a
						public entity shall be considered as precedent for all eligible persons in
						similar situations regardless of whether or not a person has filed a written
						request for review. All written determinations shall be kept on file and
						available for public review.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6170 - Right to Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any aggrieved party has a right to representation by
						legal or other counsel at his expense at any and all stages of the proceedings
						set forth in these sections.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6172 - Stay of Displacement Pending Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a complainant seeks to prevent displacement, the
						public entity shall not require the complainant to move until at least 20 days
						after it has made a determination and the complainant has had an opportunity to
						seek judicial review. In all cases the public entity shall notify the
						complainant in writing 20 days prior to the proposed new date of
						displacement.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6174 - Joint Complainants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where more than one person is aggrieved by the failure of
						the public entity to refer them to comparable permanent or adequate temporary
						replacement housing the complainants may join in filing a single written
						request for review. A determination shall be made by the public entity for each
						of the complainants.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 5 - Grievance Procedures › Section 6176 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this Article shall in any way preclude or
						limit a claimant from seeking judicial review of a claim upon exhaustion of
						such administrative remedies as are available under this
						Article.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6180 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to set forth the practices
						to be followed with respect to acquisition of real property by a public entity.
						Public entities shall, to the greatest extent practicable, be guided by these
						practices.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6182 - Acquisition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A public entity
					 shall make every reasonable effort to acquire property by negotiation and to do
					 so expeditiously.
(b) Before
					 negotiations are initiated (see subsection 6008(n)) a public entity shall:
(1) Have the property appraised, giving the
					 owner or his representative designated in writing an opportunity, by reasonable
					 advance written notice, to accompany the appraiser during the inspection of the
					 property;
(2) If the owner of real
					 property is also the owner of a business conducted on the real property to be
					 acquired or on the remainder, inform him of his possible right to compensation
					 for loss of goodwill. The public entity should include a copy of the pertinent
					 provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230.010
et seq.
).
(3)
					 Establish an amount it believes to be just compensation for the property, which
					 amount shall, in no event, be less than the public entity's approved appraisal
					 of the fair market value of the property as improved.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6184 - Notice of Decision to Appraise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public entity shall provide the owner with written
						notice of its decision to appraise the real property as soon as possible after
						the decision to appraise has been reached. The notice shall state, as a
						minimum, that:
(a) A specific area is
					 being considered for a particular public use;
(b) The owner's property has been determined
					 to be located within the area; and
(c) The owner's property, which shall be
					 generally described, may be acquired in connection with the public
					 use.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6186 - Time of Offer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public entity shall make its first written offer as
						soon as practicable following service of the Notice of Decision to Appraise.
						(See section 6184.)
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6188 - Notice of Land Acquisition Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time the public entity notifies an
					 owner of its decision to appraise real property it shall furnish the owner a
					 written explanation of its land acquisition procedures, describing in
					 non-technical, understandable terms the public entity's acquisition procedures
					 and the principal rights and options available to the owner.
(b) The notice shall include the following:
(1) A description of the basic objective of
					 the public entity's land acquisition program and a reference to the
					 availability of the public entity's statement covering relocation benefits for
					 which an owner-occupant may be eligible;
(2) A statement that the owner or his
					 representative designated in writing shall be given the opportunity to
					 accompany each appraiser during his inspection of the property.
(3) A statement that if the acquisition of
					 any part of real property would leave the owner with an uneconomic remnant as
					 defined in subsection 6182(g) the public entity will offer to acquire the
					 uneconomic remnant; if the owner so desires;
(4) A statement that if the owner is not
					 satisfied with the public entity's offer of just compensation he will be given
					 a reasonable opportunity to present relevant material, which the public entity
					 will carefully consider, and that if a voluntary agreement cannot be reached
					 the public entity, as soon as possible, will either institute a formal
					 condemnation proceeding against the property or abandon its intention to
					 acquire the property, giving notice of the latter as provided in section
					 6190.
(5) A statement that
					 construction or development of a project shall be so scheduled that no person
					 lawfully occupying real property shall be required to move from a dwelling
					 (assuming a replacement dwelling as required by these Guidelines will be
					 available) or to move his business or farm operation without at least 90 days
					 written notice from the public entity of the date by which the move is
					 required; and
(6) A statement that,
					 if arrangements are made to rent the property to an owner or his tenant for a
					 short term or for a period subject to termination by the public entity on short
					 notice, the rental will not exceed the lesser of the fair rental value of the
					 property to short term occupier or the pro rata portion of the fair rental
					 value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the
						rental for the dwelling shall be within his financial means. (See subsection
						6008(c).)
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6190 - Notice of Public Entity's Decision Not to Acquire

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a public entity which has forwarded a Notice of
						Decision to Appraise or has made a firm offer subsequently decides not to
						acquire the property, the public entity shall serve a notice in writing on the
						owner, all persons occupying the property and all other persons potentially
						eligible for relocation payments and assistance. This notice shall state that
						the public entity has decided not to acquire the property. It shall be served
						not later than 10 days following the date of the public entity decision not to
						acquire.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6192 - Incidental Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the real property is acquired by purchase, the public
						entity shall pay all reasonable expenses incident to transfer. Among the
						expenses requiring payment are: recording fees, transfer fees and similar
						expenses incident to the conveyance of real property, and the pro rata portion
						of charges for public service such as water, sewage and trash collection which
						are allowable to a period subsequent to the date of transfer of title to the
						public entity or the effective date of possession of such property by the
						public entity, whichever is earlier. The public entity shall inform the owner
						that he may apply for a rebate of the pro rata portion of any real property
						taxes paid.
1.
						Amendment filed 11-5-76 as an emergency; designated effective 11-27-76
						(Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77
						(Register 77, No. 8).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6194 - Short Term Rental

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the public permits an owner or tenant to occupy the real property acquired on a
					 rental basis for a short-term or for a period subject to termination by the
					 public entity on short notice, the amount of rent required shall not exceed the
					 lesser of the fair rental value to a short-term occupier or the pro rata
					 portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the
						rental for the dwelling shall be within his financial means. (See subsection
						6008(c).)
(b) A
					 post-acquisition tenant who occupies real property acquired on a rental basis
					 for a short term and who is informed that the property has been acquired for a
					 public use shall be given not less than 30 days notice of termination of the
					 tenancy.
1.
						Amendment of subsection (b) filed 11-5-76 as an emergency; designated effective
						11-27-76 (Register 76, No. 44).
2. Certificate of Compliance filed
						2-16-77 (Register 77, No. 8).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6195 - Public Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purchase price and other consideration paid by the
						public entity is public information and shall be made available upon
						request.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 6 - Acquisition Policies › Section 6196 - Service of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Service of all notices required by this article shall be
						made either by first class mail or by personal service upon the person to be
						notified.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 2 - Housing Element Annual Progress Reports [Repealed] › Section 6200 - Purpose and Scope. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subchapter 2 (sections 6200-6203) and section filed 2-25-2010; operative
					 3-27-2010 (Register 2010, No. 9). For prior history of subchapter 2 (sections
					 6200-6220), see Register 80, No. 25.
2. Repealer of subchapter 2
					 (sections 6200-6203) and section filed 2-28-2019; operative 2-28-2019.
					 Submitted to OAL for filing and printing only pursuant to Government Code
					 section 65400(a)(2)(B) (Register 2019, No. 9).
Note: Authority cited: Section 65400, Government Code.
						Reference: Section 65400, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 2 - Housing Element Annual Progress Reports [Repealed] › Section 6201 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-25-2010; operative 3-27-2010 (Register 2010, No.
					 9).
2. Repealer filed 2-28-2019; operative 2-28-2019. Submitted to
					 OAL for filing and printing only pursuant to Government Code section
					 65400(a)(2)(B) (Register 2019, No. 9).
Note: Authority cited: Section 65400, Government Code.
						Reference: Section 65400, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 2 - Housing Element Annual Progress Reports [Repealed] › Section 6202 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-25-2010; operative 3-27-2010 (Register 2010, No.
					 9).
2. Repealer filed 2-28-2019; operative 2-28-2019. Submitted to
					 OAL for filing and printing only pursuant to Government Code section
					 65400(a)(2)(B) (Register 2019, No. 9).
Note: Authority cited: Section 65400, Government Code.
						Reference: Sections 65400 and 65584, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 2 - Housing Element Annual Progress Reports [Repealed] › Section 6203 - Annual Report Content. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-25-2010; operative 3-27-2010 (Register 2010, No.
					 9).
2. Repealer filed 2-28-2019; operative 2-28-2019. Submitted to
					 OAL for filing and printing only pursuant to Government Code section
					 65400(a)(2)(B) (Register 2019, No. 9).
Note: Authority cited: Section 65400, Government Code.
						Reference: Section 65400, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 3 - Housing Element Guidelines [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  from Chapter 1, Subchapter 5 (Sections 1600-1650, not consecutive) to Chapter
				  6, Subchapter 3 (Sections 6300-6350, not consecutive) filed 1-28-77 as
				  procedural and organizational; effective upon filing (Register 77, No. 5). For
				  prior history, see Register 76, No. 50.
2. New Subchapter 3,
				  Articles 1-3 (Sections 6300-6350, not consecutive) refiled 4-1-77 as an
				  emergency; designated effective 4-5-77 (Register 77, No. 14).
3. New
				  Subchapter 3, Articles 1-3 (Sections 6300-6350, not consecutive) refiled 8-2-77
				  as an emergency; designated effective 8-3-77 (Register 77, No.
				  32).
4. Certificate of Compliance filed 11-29-77 (Register 77, No.
				  49). 5. Repealer of Subchapter 3 (Sections 6300-6350, not consecutive) filed
				  6-9-82; effective thirtieth day thereafter (Register 82, No. 24).
5.
				  Repealer of Subchapter 3 (Sections 6300-6350, not consecutive) filed 6-9-82;
				  effective thirtieth day thereafter (Register 82, No. 24).
Note: Authority cited: Section 50459, Health and Safety
					 Code; and Section 65302(c), Government Code. Reference: Section 65302(c),
					 Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 4 - Housing Element Guidelines [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  Subchapter 4 (Sections 6400-6478) filed 12-7-77; effective thirtieth day
				  thereafter (Register 77, No. 50).
2. Amendment filed 5-1-79 as an
				  emergency; effective upon filing (Register 79, No. 18).
3. Amendment
				  filed 8-28-79 as an emergency; effective upon filing (Register 79, No. 35). A
				  Certificate of Compliance must be filed within 120 days or emergency language
				  will be repealed on 12-26-79.
4. Certificate of Compliance filed
				  10-23-79 (Register 79, No. 43).
5. Repealer of Subchapter 4
				  (Sections 6400-6480, not consecutive) filed 6-9-82; effective thirtieth day
				  thereafter (Register 82, No. 24). For prior history, see Register 80, No.
				  18.
Note: Authority cited: Section 50459, Health and Safety
					 Code, and Section 65302(c), Government Code. Reference: Section 65302(c),
					 Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 5 - Department of Housing and Community Development-Conflict of Interest Code › Appendix B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure Categories
Financial interests of employees holding positions
					 designated in this section are to be reported in statements of economic
					 interests as follows: Designated Employees in Category 1 must report:
(a) All investments and any business
				  positions in any business entity;
(b) All sources of income;
(c) All interests in real property (excluding
				  one's primary personal residence).
Designated Employees in Category 2 must report:
(a) All investments, business positions in,
				  or sources of income from any entity of the type which has, in any manner, been
				  affected by or subject to departmental regulations or policies (excluding
				  regulations or policies regarding building or energy standards).
(b) All investments, business positions in or
				  sources of income from any entity engaged in the design of, development or
				  rehabilitation of, sale or purchase of, or investment in real property,
				  manufactured or factory-built housing.
(c) All investments, business positions in or
				  sources of income from any entity engaged in the design, development,
				  rehabilitation, or construction of public facilities.
(d) Any interest in real property (excluding
				  one's primary personal residence) situated in any jurisdiction receiving or
				  eligible for funding from or through the section to which the designated
				  employee is assigned.
(e)
				  Investments, business positions, or sources of income from any entity which is
				  situated or doing business in any jurisdiction receiving or eligible for
				  funding from or through the section to which the designated employee is
				  assigned.
Designated Employees in Category 3 must report:
Investments, business positions in, or sources of income
					 from any business entity of the type which contracts with the department to
					 provide or obtain supplies, materials, services, machinery, or
					 equipment.
Designated Employees in Category 4 must report:
Investments, business positions, or sources of income from
					 any business entity which has been subject to or affected by any regulations or
					 policies of the department relating to mobilehomes, manufactured homes,
					 factory-built housing, mobilehome parks, labor camps, recreational vehicles,
					 commercial coaches, or any other programs or policies administered by the
					 division.
Designated Employees in Category 5 must report:
Investments in, income from, and positions held with
					 business entities which were the subject of an audit during the reporting
					 period. Note: Authority cited: Section
					 87300,
					 Government Code. Reference: Sections
					 87300-
					 87311,
					 Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6600 - Purpose, Scope, and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  authorized by Government Code section
				  65589.9, these regulations
				  establish the Department's Prohousing Designation Program (Program). Through
				  this Program, the Department will determine which Jurisdictions qualify to be
				  designated as Prohousing. Jurisdictions receiving a Prohousing Designation
				  shall be awarded additional points or preference in program funding
				  applications pursuant to Government Code section
				  65589.9(b). These
				  regulations establish the Prohousing Designation Program's procedures for
				  designating qualifying Jurisdictions as Prohousing, but not the value or form
				  of any preferences that these Jurisdictions will receive under funding
				  programs.
(b) These regulations
				  specify the Prohousing Designation Program's procedures for submitting
				  applications for a Prohousing Designation, reviewing and scoring these
				  applications, designating Jurisdictions as Prohousing, monitoring
				  Jurisdictions' compliance with the Program, and revoking noncompliant
				  Jurisdictions' Prohousing Designations.
(c) If any provision of this subchapter, or
				  any portion thereof, is adjudged to be invalid by a court of competent
				  jurisdiction, or if any provision of this subchapter, or any portion thereof,
				  loses its force or effect as a result of legislative action, that judgment or
				  action does not affect the remainder of the provisions of this subchapter. For
				  this purpose, this subchapter's provisions are severable.
Note: Authority cited: Section
						65589.9, Government Code.
						Reference: Section
						65589.9, Government Code.
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6600.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6601.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6602 - Content of Application and Supporting Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall accept applications for a Prohousing Designation on a
				  continuous, year-round basis. The Department shall make the Application
				  available on its website.
(b) The
				  Application shall require the applicant to do all of the following:
(1) Certify that the applicant has met the
				  threshold criteria under Section
				  6604.
(2) Identify each Prohousing Policy by
				  providing a concise written description of the Prohousing Policy, and by
				  specifying whether the Prohousing Policy is enacted or proposed.
(3) Submit the Jurisdiction's documentary
				  evidence in support of each Prohousing Policy, whether enacted or proposed.
				  Submission may include links to the location of documents on a Jurisdiction's
				  website.
(4) Self-score each
				  Prohousing Policy using the scoring criteria in Section
				  6606. The application will allow
				  the applicant to utilize the enhancement factors set forth at subdivision (c)
				  of Section
				  6606 to increase the application's
				  total point score.
(5) Demonstrate
				  that the applicant engaged in a Diligent Public Participation Process That
				  Included Outreach To Engage All Segments Of The Community, and submit
				  documentation of comments received during this process.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6602.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6603 - Overall Application Submittal and Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Only Jurisdictions may apply for a Prohousing Designation.
(b) Applicants shall submit a complete and
				  self-scored application to the Department when applying for a Prohousing
				  Designation. All applications shall be submitted electronically to
				  ProhousingPolicies@hcd.ca.gov.
(c)
				  Applicants may submit applications multiple times, but they may not submit
				  multiple applications for the Department to review at the same time.
(d) Within ten (10) calendar days of
				  receiving the application, the Department shall provide the applicant with a
				  written acknowledgment of receipt.
(e) The Department may request an applicant
				  to submit additional clarifying documents and information.
(f) When reviewing an application, the
				  Department may consult with and gather Program-relevant information from any
				  individual, entity, or public agency.
(g) The Department shall complete its review
				  of the application within sixty (60) calendar days of receipt and promptly
				  notify the applicant in writing of its final Prohousing Designation
				  determination.
(h) If the
				  Department approves an application, it will send the applicant a letter
				  designating it as a Prohousing Jurisdiction. A Prohousing Designation remains
				  in effect unless it is revoked or expires pursuant to Sections
				  6607 and
				  6608. The Department's designation
				  letter may specify conditions that must be satisfied to maintain the
				  Designation's validity consistent with Government Code section
				  65589.9 and these
				  regulations.
(i) Issuing a
				  Prohousing Designation does not constitute a determination by the Department of
				  whether the Jurisdiction has complied with all state or federal housing laws,
				  state or federal civil rights requirements, or any other legal requirements.
				  The Department will review applications, validate applicants' self-scores, and
				  issue Prohousing Designations solely for the purposes of the Program, not to
				  determine for the purposes of litigation, administrative proceedings, or other
				  HCD programs whether a Jurisdiction has complied with or violated any state or
				  federal housing or civil rights law or other legal requirement.
Note: Authority cited: Section
						65589.9, Government Code.
						Reference: Section
						65589.9, Government Code.
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6603.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6604 - Applicant Threshold Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department will initially determine if applicants have met the threshold
				  requirements specified in subdivision (b).
(b) In the application, applicants shall
				  certify the following:
(1) The applicant has
				  adopted a compliant housing element at the time of application.
(2) The applicant has submitted a legally
				  sufficient Annual Progress Report at the time of application or will submit a
				  legally sufficient Annual Progress Report prior to designation, pursuant to
				  Government Code section
				  65400.
(3) The applicant has completed or agrees to
				  complete, on or before the relevant statutory deadlines for the current
				  planning period, any rezone program or zoning that is necessary to remain in
				  compliance with Government Code sections
				  65583, subdivision (c)(1) and
				  65584.09, subdivision (a), and with California Coastal Commission certification
				  where appropriate. Applicants that fail to meet statutory deadlines for
				  rezoning in the current planning period are not eligible for a Prohousing
				  Designation.
(4) The applicant is
				  in compliance, at the time of application, with applicable state housing laws,
				  including, but not limited to, those included in Government Code section
				  65585, subdivision (j), laws
				  relating to the imposition of school facilities fees or other requirements
				  (Gov. Code, §
											65995 et seq.), the Least Cost
				  Zoning Law (Gov. Code, §
											65913.1), the Permit Streamlining
				  Act (Gov. Code §
											65920 et seq.), provisions
				  relating to timeliness of CEQA processing by local governments in Public
				  Resources Code sections
				  21080.1,
				  21080.2, and
				  21151.5(a).
(5) The applicant further acknowledges and
				  confirms that its treatment of homeless encampments on public property complies
				  with and will continue to comply with the constitutional rights of persons
				  experiencing homelessness and that it has submitted a one-page summary to the
				  Department demonstrating how the applicant has enacted best practices in their
				  jurisdiction related to the treatment of unhoused individuals camping on public
				  property, consistent with the United States Interagency Council on
				  Homelessness' "7 Principles for Addressing Encampments," (June 17, 2022
				  update), hereby incorporated by reference.
(6) Applicants shall also submit with their
				  applications a valid Formal Resolution for the Prohousing Designation Program.
				  The Formal Resolution for the Prohousing Designation Program must have been
				  duly adopted and certified by the applicant's governing body and must remain
				  valid for the life of the designation.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6604.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6605 - Requirements for Prohousing Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prohousing Policies must meet the following requirements:
(1) The applicant must show that it has
				  enacted or proposed Prohousing Policies by providing a concise written
				  description, and by identifying or submitting documentary evidence, of each
				  Prohousing Policy in accordance with the requirements set forth at subdivision
				  (b) of Section
				  6602. Applicants submitting
				  proposed Prohousing Policies shall satisfy the following additional criteria:
(A) The applicant's application must also
				  present at least two (2) enacted Prohousing Policies for the Department's
				  review; and
(B) The applicant shall
				  certify that each proposed Prohousing Policy will be enacted within two (2)
				  years of the date that the applicant's application is submitted to HCD. In the
				  event an applicant is unable to complete an identified proposed Prohousing
				  Policy within two (2) years, the applicant may substitute an alternative policy
				  to the Department for consideration. The alternative policy may be equal to,
				  less than, or more than the points of the originally identified
				  policy.
(C) As part of enacting
				  proposed Prohousing Policies, applicants shall engage in a Diligent Public
				  Prticipation Process That Included Outreach To Engage All Segments Of The
				  Community.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6605.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6606.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6607 - Monitoring and Revocation of Prohousing Designations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall monitor Prohousing Designations on an ongoing basis and
				  may revoke a Prohousing Designation at any time, as specified herein.
(1) Through the procedures specified in
				  paragraphs 2 through 8, the Department shall review and revoke a Prohousing
				  Designation upon determining any of the following has occurred, unless the
				  Department receives a written response or corrective action pursuant to
				  paragraphs 4 through 7 of this section that demonstrates compliance or resolves
				  the following:
(A) A Jurisdiction has failed
				  to enact or implement a proposed Prohousing Policy within the timeframe
				  specified in its application for a Prohousing Designation, including, but not
				  limited to, failures to enact a proposed Prohousing Policy due to a lack of a
				  necessary California Coastal Commission certification, or taking other actions
				  inconsistent with these regulations.
(B) A Jurisdiction has failed to facilitate
				  the planning, approval, or construction of a variety of housing types (e.g.,
				  increasing zoned capacity for supply, facilitating affordability for all income
				  levels, removing regulatory barriers to development, and streamlining
				  approval).
(C) A Jurisdiction has
				  failed to implement integrated planning and development consistent with the
				  state planning priorities set forth at Government Code section
				  65041.1 and/or the regional
				  transportation plan adopted by the relevant transportation agency pursuant to
				  Government Code sections
				  65080 and
				  65080.01. A Jurisdiction may
				  implement these priorities through various actions, including, but not limited
				  to, facilitating Location Efficient Communities.
(D) A Jurisdiction has failed to meet its
				  obligations to Affirmatively Further Fair Housing under Government Code
				  sections 8899.50 and
				  65583, subdivisions (c)(1),
				  (c)(5), and (c)(10).
(E) A
				  Jurisdiction has failed to comply with state housing law, including, but not
				  limited to, any of the laws specified in Section
				  6604.
(F) A Jurisdiction has failed to take action
				  or has taken action inconsistent with a housing element, including any failure
				  to implement program actions pursuant to Government Code section
				  65585(i).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6607.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 65589.9, Government Code.
						Reference: Section 65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 6.6 - Prohousing Designation Program › Section 6608 - Expiration of Prohousing Designations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Prohousing Designation shall expire three (3) years from the first day of the
				  January that follows the date of designation. For example, a designation issued
				  on April 15, 2023, will remain in effect through December 31, 2026, and expire
				  on January 1, 2027.
(b) A
				  Jurisdiction with an approved Prohousing Designation may apply for a new
				  designation no earlier than six (6) months before its current designation
				  expires.
Note: Authority cited: Section
						65589.9, Government Code.
						Reference: Section
						65589.9, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 1 - Loan and Grant Committees › Section 6900 - Committee Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On an annual basis, the Director shall
				  establish the membership of a single advisory committee.
(b) The advisory committee shall be known as
				  the "Local Assistance Loan and Grant Committee," hereinafter "committee." All
				  references to the following specific loan and grant committees contained in the
				  California Code of Regulations, Title 25, Part I, Chapter 7 (commencing with
				  Section 7000) shall be understood to be references to the Local Assistance Loan
				  and Grant Committee:
(1) Rural Loan and Grant
				  Committee,
(2) Urban Loan and Grant
				  Committee,
(3) Rental Housing
				  Construction Incentive Committee,
(4) Rehabilitation and Housing Assistance
				  Loan and Grant Committee,
(5)
				  Housing Development and Assistance Committee, and
(6) Rehabilitation and Construction Finance
				  Committee.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 1 - Loan and Grant Committees › Section 6902 - Committee Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Committee shall review local
				  assistance applications and other related issues as determined by the
				  Director.
(b) The Director shall
				  determine at least annually the specific local assistance programs that shall
				  present applications for review by the Committee. The Director's determination
				  shall be based on the following criteria:
(1)
				  Budgetary authority;
(2) Impact on
				  personnel resources; and
(3)
				  Committee recommendations as to local assistance applications subject to
				  review.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 1 - Loan and Grant Committees › Section 6904 - Committee Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following provisions shall apply to Committee
					 operations.
(a) Meetings shall be
				  scheduled by the Director based on one or more of the following determinations.
(1) The level of applications is great enough
				  to require that a meeting be scheduled;
(2) A special meeting is requested by the
				  Committee, the need for which is verifiable; and
(3) The need exists to respond to an
				  emergency situation as defined in Section 11125.5 of the Government
				  Code.