California Code of Regulations › Title 25 - Housing and Community Development › Division 2 - California Housing Finance Agency › Chapter 3 - Restrictions on Agency Public Benefits to Aliens › Article 2 - Eligibility for Benefits › Section 12102 - When Must Eligibility be Verified

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the case of a new tenancy, a
				  multifamily program unit shall not be occupied unless and until the eligibility
				  of all applicants for that unit has been preliminarily verified in accordance
				  with this chapter. Following occupancy the remainder of the applicant's final
				  verification process shall be continued on or before the next scheduled annual
				  eligibility recertification, or, if none is scheduled, within one hundred
				  eighty (180) calendar days of occupancy.
(b) In the case of an existing tenancy, the
				  final verification process shall be commenced on or before the next scheduled
				  annual eligibility recertification of that unit, or if none is scheduled,
				  within one hundred eighty (180) calendar days of the effective date of this
				  chapter. Notwithstanding the foregoing, when a tenancy occupies a
				  non-multifamily program unit within a housing development or residential
				  structure and that unit is substituted by the housing sponsor for a multifamily
				  program unit within such housing development or residential structure, the
				  tenancy shall be treated as an existing tenancy except that the eligibility of
				  all applicants shall be finally verified before it shall be deemed to be
				  qualified as a multifamily program unit.
(c) In the case of a new loan, a single
				  family program loan shall not be made unless and until the eligibility of all
				  applicants has been finally verified in accordance with this chapter.
				  Notwithstanding any other provision of this chapter, in the event that an
				  applicant's new loan verification process is not completed within fifteen (15)
				  calendar days following the commencement of such process, neither the agency
				  nor the qualified mortgage lender shall be required to continue to process or
				  make the loan if either determines, in its sole discretion, that further delay
				  will cause the loan to be uneconomical or otherwise not feasible. In the event
				  that such a determination is made, and notwithstanding any other provision of
				  this chapter, the verification process shall be terminated without further
				  processing or appeal. If such a determination is made, the applicant(s) shall
				  immediately be given a written notice of it.
(d) In the case of any single family program
				  loan, the eligibility of any applicant who wishes to acquire, or be added to
				  the title to, the residential structure shall be finally verified before the
				  agency grants any necessary approval of such acquisition or addition to
				  title.
(e) Except as provided in
				  subparagraph (a) and (c) of this section, once a final verification process is
				  commenced, it shall be diligently pursued to completion.
(f) Generally an applicant's eligibility need
				  only be finally verified once during the life of the loan provided however that
				  in any case where there is reasonable cause to believe that an applicant's
				  eligibility status has been misrepresented, the applicant's eligibility may be
				  reverified.
1. New
					 section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No. 24). A
					 Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-9-98 order transmitted to
					 OAL 9-21-98 and filed 10-28-98 (Register 98, No. 44).
3. New
					 subsections (a) and (b), subsection relettering, amendment of newly designated
					 subsections (c), (e) and (f) and NOTE filed 11-2-98; operative 12-2-98
					 (Register 98, No. 45).
Note: Authority cited: Sections 51050(e), 51050(s), 51067
						and 51349, Health and Safety Code. Reference: 8 U.S.C. §§ 1601, 1621,
						1625, 1641 and 1642; and Sections 51050-51070, 51100-51253 and 51325-51340,
						Health and Safety Code.