California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 11 - Reporting and Compliance Requirements › Section 5146 - Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Committee may disqualify an Application for a portion
					 of the Pool if any of the following have been documented about the Project
					 Issuer, Project Sponsor or any entity that is a Related Party of the Project
					 Sponsor:
(a) Significant outstanding
				  non-compliance in matters relating to the annual Certification of Compliance I
				  or Certification of Compliance II, Certificate of Completion, tenant files or
				  physical conditions at any tax-exempt Bond or low income housing tax credit
				  financed property in California. Requests to excuse properties monitored by the
				  Committee or an entity acting on its behalf and owned by the Project Sponsor or
				  any entity that is a Related Party of the Project Sponsor or management company
				  will not be considered until the Committee has received documentation that the
				  outstanding non-compliance matters have been resolved;
(b) Multiple or repeated failures to use
				  committed public subsidies or private activity Bond allocations within
				  applicable deadlines, or to provide committed physical amenities or
				  services;
(c) Providing false
				  information in connection with an Application; or
(d) Information that leads the Committee to
				  reasonably and in good faith conclude that an allocation would be inimical to,
				  or incompatible with, the purposes of these regulations the laws regulating the
				  allocation of the State Ceiling on Qualified Private Activity Bonds, or the
				  Committee's obligation to affirmatively further fair housing pursuant to
				  Government Code Section
				  8899.50(b)(1).
				  In determining whether an Application is compatible with the Committee's
				  obligation to affirmatively further fair housing, the Committee shall consider
				  whether the Applicant, Project Issuer, or Project Sponsor has a documented
				  history of violating state or federal fair housing laws.
1. New
					 section filed 12-15-2016 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must
					 be transmitted to OAL by 6-13-2017 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 5-30-2017 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must
					 be transmitted to OAL by 9-12-2017 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2017, No. 38).
4. New section filed 10-13-2017; operative
					 10-13-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 41).
5. Amendment of subsection (d) and NOTE
					 filed 8-1-2022 as an emergency; operative 8-1-2022 (Register 2022, No. 31). A
					 Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency
					 language will be repealed by operation of law on the following day.
6. Amendment of subsection (d) and NOTE refiled 2-9-2023 as an
					 emergency; operative 2-9-2023 (Register 2023, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 5-10-2023 or emergency language will
					 be repealed by operation of law on the following day.
7. Certificate
					 of Compliance as to 2-9-2023 order, including further amendment of subsection
					 (d), transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective
					 5-31-2023 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2023, No. 22).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a),
						8869.85(b)
						and
						8869.86(c),
						Government Code.