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 12103 - Who Must Verify Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a new loan is being made,
				  eligibility shall be verified by the qualified mortgage lender who originates
				  the loan. When an applicant is acquiring, or being added to the title to, the
				  residential structure of a single family program loan, eligibility shall be
				  verified by the qualified mortgage lender who is servicing the loan.
(b) In the case of a multifamily program
				  unit, eligibility shall be verified by the housing sponsor which owns the
				  housing development or residential structure.
(c) Pursuant to Section 432(d) of PRWORA (8
				  U.S.C. § 1642(d)) and notwithstanding any other provision of this chapter,
				  a nonprofit charitable organization that provides agency public benefits is not
				  required to determine, verify, or otherwise require proof of eligibility of any
				  applicant for such benefits nor is any such applicant required to be eligible.
				  A nonprofit charitable organization shall be deemed to be providing an agency
				  public benefit only when it is the qualified mortgage lender for a single
				  family program loan or housing sponsor which owns a multifamily program unit,
				  as applicable.
(d) In the case of a
				  multifamily program unit, the reasonable cost of performing eligibility
				  verifications shall be treated as an operating expense of the housing
				  development or residential structure and the housing sponsor may charge a new
				  tenancy applicant (but not an existing tenancy applicant) a reasonable
				  eligibility verification fee only if approved in writing by the agency. In the
				  case of a single family program loan, the qualified mortgage lender may charge
				  an applicant a reasonable eligibility verification fee only if approved in
				  writing by the agency.
(e)
				  Notwithstanding the provisions of subparagraph (a) and (b) of this section, in
				  the event that an applicant claims qualified alien status on the basis of facts
				  and circumstances as set forth in subparagraphs (x)(8), (x)(9) or (x)(10) of
				  Section 12002 of this chapter (involving a person who was battered or subjected
				  to extreme cruelty in the United Sates), then the agency shall determine such
				  eligibility as further provided in subparagraph (a)(3) of Section 12104 of this
				  chapter.
(f) The status verifier
				  shall keep a record of the information upon which an applicant's eligibility
				  verification or ineligibility determination is based and shall retain such
				  records for at least four (4) years following the completion of the
				  verification process, except that when a single family program loan is made,
				  the qualified mortgage lender shall keep such information for the life of the
				  loan.
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. Amendment
					 of section 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.