California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 15 - Rental Housing Construction Program-Proposition 84 › Article 2 - Program Requirements › Section 8087 - Tenancy Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sponsors shall select only eligible
					 households as tenants of assisted units, and shall annually verify household
					 income and size to determine continued eligibility. As part of the management
					 plan required by section 8100(d), the sponsor shall develop a tenant selection
					 plan for assisted units which shall be subject to the approval of the
					 department. Any change to the plan shall be subject to the approval of the
					 department. The plan shall include the following:
(1) an affirmative marketing plan for
					 eligible households which shall include policies and steps to ensure equal
					 access to all housing units in the rental housing development for all persons
					 in any category protected by federal, state or local laws governing
					 discrimination. Where a significant number of persons in the area of the rental
					 housing development have limited fluency in English, the plan shall require
					 that publications implementing the affirmative marketing plan be provided in
					 the native language of those persons.
(2) reasonable criteria for selection or
					 rejection which shall not discriminate in violation of any federal, state or
					 local laws governing discrimination, or any other arbitrary factor.
(3) prohibition of local residency
					 requirements.
(4) tenant selection
					 procedures that include the following requirements:
(A) selection of tenants based on order of
					 application, lottery or other reasonable method approved by the
					 department;
(B) notification to
					 tenant applicants of eligibility for residency and, based on turnover history,
					 for units in the rental housing development, and the approximate date when a
					 unit may be available;
(C)
					 notification of tenant applicants of ineligibility to occupy an assisted unit
					 and the reason for the ineligibility and their right to appeal this
					 determination pursuant to section 8087(e); and
(D) maintenance of a waiting list of eligible
					 households applying to occupy assisted units and if applicable, distinguish
					 between lower- and very low-income applicants.
(5) tenant occupancy standards that shall be
					 used by the sponsor upon both initial occupancy and recertification to
					 determine a tenant's unit size, as follows:
Unit
No. of Persons in Household
Size
Minimum
Maximum
SRO
1
2
0-BR
1
2
1-BR
1
3
2-BR
2
5
3-BR
4
7
4-BR
6
9
5-BR
8
11
(A)
					 Flexibility for assignment by a sponsor to a different sized unit is permitted
					 if the sponsor reasonably determines that special circumstances warrant such an
					 assignment and the reasons are documented in the tenant's file.
(B) If at the time of recertification, the
					 tenant's household size has changed and no longer meets the occupancy standards
					 pursuant to this subdivision, tenant household shall be required to move to the
					 next available appropriately sized unit pursuant to this
					 subdivision.