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 14 - California Housing Rehabilitation Program for Owner-Occupied Housing › Article 1 - General › Section 8041 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions found in chapter 2
						(commencing with section 50050), of part 1 of division 31 of the Health and
						Safety Code and subchapter 2 (commencing with section 6910) of chapter 6.5 of
						this title, the following definitions shall apply to this subchapter. In the
						event of a conflict between definitions, these definitions prevail for the
						purposes of this subchapter:
(a)
					 "Ability to afford" means that housing costs as defined in section 6920 of this
					 title do not exceed 30 percent of the gross income of the borrower.
(b) "Account" means the special account in
					 the Housing Rehabilitation Loan Fund established by section 8878.21 of the
					 Government Code.
(c)
					 "After-rehabilitation value" means estimated fair market value of the property
					 including completed rehabilitation work.
(d) "Applicant" is a local entity which
					 submits an application to the department to operate a local program.
(e) "Borrower" means an owner-occupant
					 receiving a deferred payment loan made pursuant to this subchapter.
(f) "CHRP-O" is the acronym used to describe
					 the California Housing Rehabilitation Program for Owner-Occupied
					 Housing.
(g) "Deferred payment
					 loan" means a loan from the account made pursuant to this subchapter.
(h) "Department" means the same as defined in
					 section 50064 of the Health and Safety Code.
(i) "Director" means the Director of the
					 Department of Housing and Community Development.
(j) "Elderly" means the same as defined in
					 section 50067 of the Health and Safety Code.
(k) "Gross income" means all income as
					 defined in section 6914 of this title.
(l) "Incipient code violation" means a
					 condition exists in the property which, at the time of the initial property
					 inspection, is deteriorating at such a rate that it will result in a
					 substandard condition within two years of the inspection.
(m) "Leverage" means combining other funding
					 sources with Program funds when originating individual deferred payment
					 loans.
(n) "Liquidated damages"
					 means an amount agreed to by the contractor and local entity to be considered
					 full damages if the contractor should fail to fulfill the terms of the
					 construction contract.
(o)
					 "Loan-to-value ratio" means the ratio between the amount of a mortgage loan and
					 the value of the real estate securing it.
(p) "Local entity" means a local public
					 entity as defined in section 50079 of the Health and Safety Code or a nonprofit
					 corporation as defined in section 50091 of the Health and Safety
					 Code.
(q) "Local program" means a
					 rehabilitation loan program operated by a local entity to provide deferred
					 payment loans for the rehabilitation of property pursuant to the provisions of
					 this subchapter.
(r) "Lower-income
					 household" means the same as defined in section 50079.5 of the Health and
					 Safety Code.
(s) "Overcrowding"
					 means the condition of a dwelling unit that does not meet the space and
					 occupancy standards as set forth in section 503 of the "1988 Uniform Housing
					 Code," issued by the International Conference of Building Officials, 5360 South
					 Workman Mill Road, Whittier, California 90601.
(t) "Program" means the California Housing
					 Rehabilitation Program for Owner-Occupied Housing.
(u) "Property" means a dwelling unit
					 constructed pursuant to the requirements of State Housing Law (California
					 Health and Safety Code division 13, part 1.5, commencing with section 17910),
					 occupied by an eligible borrower as his or her principal place of
					 residence.
(v) "Rehabilitation"
					 means repairs to substandard owner-occupied property necessary to meet
					 rehabilitation standards or to correct defects causing it to be a substandard
					 building pursuant to section 17920.3 of the Health and Safety Code, and
					 improvements, including room additions and handicapped accessibility work,
					 financed pursuant to this subchapter.
(w) "Room addition" means the construction of
					 additional square footage on the property necessary to abate overcrowding.
					 "Room addition" also means the construction of an additional bathroom where the
					 absence of such a bathroom results in a substandard condition as defined in
					 section 17920.3(a)(1) of the Health and Safety Code.
(x) "Rural area" means the same as defined in
					 section 50101 of the Health and Safety Code.
(y) "Very low-income household" means persons
					 or families as defined in section 50105 of the Health and Safety
					 Code.
1. New
						section filed 11-30-89 as an emergency; operative 11-30-89 (Register 89, No.
						49). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed by operation of law on
						3-30-90.
2. New section refiled 3-26-90 as an emergency; operative
						3-30-90 (Register 90, No. 16). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed by operation of
						law on 7-30-90.
3. New section filed 7-26-90 as an emergency;
						operative 7-26-90 (Register 90, No. 38). A Certificate of Compliance must be
						transmitted to OAL by 11-23-90 or emergency language will be repealed by
						operation of law on the following day.
4. Amendment of subsection
						(a) filed 8-27-90 as an emergency; operative 8-27-90 (Register 90, No. 42). A
						Certificate of Compliance must be transmitted to OAL by 12-26-90 or emergency
						language will be repealed by operation of law on the following
						day.
5. New section refiled 11-16-90 as an emergency; operative
						11-16-90 (Register 90, No. 51). A Certificate of Compliance must be transmitted
						to OAL by 3-18-91 or emergency language will be repealed by operation of law on
						the following day.
6. Readoption of 8-27-90 order filed 12-21-90 as
						an emergency; operative 12-21-90 (Register 91, No. 7). A Certificate of
						Compliance must be transmitted to OAL by 4-22-91 or emergency language will be
						repealed by operation of law on the following day.
7. Certificate of
						Compliance as to 11-30-89 order, readopted and operative on 3-30-90, 7-26-90
						and 11-16-90, including amendment of subsections (f) and (i) (l), (m), (n),
						(o), (u), and (w) transmitted to OAL 11-30-90 and filed 12-31-90 (Register 91,
						No. 7).
Note: Authority cited: Section 50668.5(g), Health and
						  Safety Code. Reference: Sections 17910, 17920.3, 50052.5, 50064, 50067, 50079,
						  50079.5, 50101, 50105, 50462, 50660, 50662, 50663, 50668.5, 50668.5(a),
						  50668.5(b), 50669(a) and 50670, Health and Safety Code; and Section 8878.21,
						  Government Code.