reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 10 - Carry-Forward Allocations › Section 5133 - Use of Carryforward

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
					 5231, the Committee shall establish
					 a rank-order list of all projects to be allocated during a competitive round.
					 CDLAC shall determine if the issuers for those projects that are scheduled to
					 receive an allocation are in possession of any carryforward allocation not
					 otherwise reserved for a project that has received an allocation but has not
					 issued bonds, and if that condition exists, the Executive Director shall
					 subscribe that carryforward to the projects that are scheduled to be awarded an
					 allocation in the current round pursuant to the priorities set forth by the
					 Committee. The issuer's carryforward shall be applied to all projects
					 recommended for an allocation until exhausted.
1. New
					 section filed 5-10-2021 as an emergency; operative 5-10-2021 (Register 2021,
					 No. 20). Emergency expiration extended 60 calendar days pursuant to Executive
					 Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order
					 N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or
					 emergency language will be repealed by operation of law on the following day.
					 For prior history of section
					 5133, see Register 2013, No.
					 2.
2. Certificate of Compliance as to 5-10-2021 order, including
					 amendment of section heading and section, transmitted to OAL 4-11-2022 and
					 filed 5-23-2022; amendments operative 5-23-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 21).
3. Amendment of section heading and section
					 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					 language will be repealed by operation of law on the following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.
4. Amendment of section heading and section 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					 be repealed by operation of law on the following day.
5. Certificate
					 of Compliance as to 2-9-2023 order, including further amendment of section,
					 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),
						8869.84(e),
						8869.85(c)
						and
						8869.86(a)(3),
						Government Code.
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 5140 - Contact Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All reports required in this article shall be transmitted
					 to the Committee at the address, e-mail or fax number listed on the Committee's
					 website,
www.treasurer.ca.gov/cdlac
.
1. New
					 article 11 (sections
					 5140-5143) and section filed
					 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New article 11 (sections
					 5140-5143) and section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New article 11 (sections
					 5140-5143) and section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including amendment of article heading and new section
					 heading, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No.
					 26).
5. Amendment of article heading 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.
6. Amendment of article
					 heading 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.
7. Reinstatement of section
					 as it existed prior to 12-15-2016 emergency amendment by operation of
					 Government Code section
					 11346.1(f)
					 (Register 2017, No. 38).
8. Amendment of article heading filed
					 10-13-2017; operative 10-13-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 41).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Section
						8869.84(c),
						Government Code.
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 5142 - Report of Action Taken

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within fifteen (15) calendar days of the first Bond
					 closing, conversion of Bonds to Mortgage Credit Certificate authority, or
					 issuance of the first Mortgage Credit Certificate, an Applicant or its counsel
					 shall transmit to the Committee information regarding the issuance of Bonds or
					 the conversion of Bonds to Mortgage Credit Certificate authority by submitting
					 the appropriate Report of Action Taken to the address as provided in section
					 5140.
1. New
					 section filed 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including new section heading and amendment of section,
					 transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c)
						and
						8869.86(c),
						Government Code.
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 5143 - Notification of Carryforward Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants awarded Allocation on a carryforward basis as
					 prescribed in section
					 5131 shall transmit to the
					 Committee, via the address provided in section
					 5140, the documents provided to the
					 Internal Revenue Service reporting the carryforward election no later than
					 February 1st of the year immediately following the year in which the Allocation
					 was awarded.
1. New
					 section filed 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including new section heading, repealer and new section
					 and amendment of NOTE, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register
					 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c)
						and
						8869.86(c),
						Government Code.
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 5144 - Annual Applicant Public Benefits and on-Going Compliance Self Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  Projects that receive an Allocation and are within an existing regulatory
				  period and/or compliance period shall be monitored for compliance with the
				  applicable terms and conditions of the Committee Resolution by the Applicant
				  (Issuer) and CDLAC. The new Issuer takes responsibility of reporting on
				  projects that have resyndicated after Year 15. Upon request, CDLAC will review
				  and approve a termination of the original bond regulatory agreement with the
				  requirement that the new agreement include affordability requirements that are
				  at least as restrictive as those in the original agreement.
(b) The self-certification must be submitted
				  by the Applicant to CDLAC no later than March 1 of each year (or at such other
				  time as requested by the Committee). The requirement shall be enforceable by
				  the Committee through an action for specific performance or other available
				  remedy affecting the Applicant including but not limited to disqualification
				  from the program.
(1) For Projects receiving
				  an Allocation prior to December 31, 2016, the Applicant shall complete and
				  submit the Annual Applicant Public Benefits and On-going Compliance Self
				  Certification, via the online compliance certification system annually for the
				  longer of the period the bonds remain outstanding or the period of restriction
				  for QRRP projects outlined in Section
				  5192.
(2) For Projects receiving allocation after
				  December 31, 2016, the Applicant shall complete and submit the Annual Applicant
				  Public Benefits and On-going Compliance Self Certification via the online
				  compliance certification system every year until the completion of the project
				  and then if the project is subject to a Regulatory Period and/or Compliance
				  Period every three years thereafter or sooner upon a termination of the
				  Regulatory Period and/or Compliance Period.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 12 - Universal Evaluation Criteria for All Applications › Section 5150 - Satisfactory Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wherever these regulations require that an Applicant
					 demonstrate a certain condition or characteristic or satisfy certain minimum
					 requirements, each such condition or characteristic or minimum requirement must
					 be demonstrated by satisfactory evidence. The Executive Director shall, upon
					 delegation by the Committee, determine whether each condition, characteristic
					 or minimum requirement has been satisfactorily demonstrated and may refuse to
					 consider any Application that has not satisfactorily demonstrated every minimum
					 requirement.
1. New
					 article 12 (sections
					 5150-5155) and section filed
					 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New article 12 (sections
					 5150-5155) and section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New article 12 (sections
					 5150-5155) and section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including amendment of article heading, new section
					 heading and amendment of section, transmitted to OAL 6-2-2011 and filed
					 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.83(b)
						and
						8869.84(c),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 12 - Universal Evaluation Criteria for All Applications › Section 5151 - Evaluation of Points

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wherever the Application process contemplates the awarding
					 of points, the Applicant must demonstrate by satisfactory evidence that the
					 related criterion has been satisfied. Where it is determined by Committee staff
					 that the evidence has not been satisfactorily demonstrated, the Executive
					 Director shall not award the related points.
1. New
					 section filed 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including new section heading, repealer of former section
					 5151 and renumbering of former
					 section 5152 to section
					 5151, transmitted to OAL 6-2-2011
					 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 12 - Universal Evaluation Criteria for All Applications › Section 5152 - Readiness Threshold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Applicant must demonstrate satisfactory evidence to
					 Committee staff that it can use the Allocation within the time frame as
					 provided in article 8 of this chapter.
1. New
					 section filed 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including new section heading, renumbering of former
					 section 5152 to section
					 5151 and renumbering of former
					 section 5153 to section
					 5152, transmitted to OAL 6-2-2011
					 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.84(e),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 12 - Universal Evaluation Criteria for All Applications › Section 5154 - Discovery of Erroneous Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the responsibility of each Applicant and each Project
					 Sponsor to provide the Committee with complete and accurate information at the
					 time the Application is filed. If the Applicant/Project Sponsor (or their
					 attorneys, agents, employees, or other representatives) provides material that
					 is incomplete, erroneous, inaccurate, misleading or false as to a fact to the
					 Executive Director's decision-making process, the Application may be rejected.
					 If incomplete, erroneous, inaccurate, misleading or false information is
					 discovered by Committee staff after an Allocation has been made, the Allocation
					 may be rescinded if Bonds have not been sold or an election to convert Bond
					 authority to Mortgage Credit Certificates has not been filed with the Internal
					 Revenue Service. If Bonds have been sold or converted to Mortgage Credit
					 Certificates, the Committee may take other action as it deems
					 appropriate.
1. New
					 article 12 (sections
					 5150-5155) and section filed
					 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New article 12 (sections
					 5150-5155) and section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New article 12 (sections
					 5150-5155) and section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including new section heading, renumbering of former
					 section 5154 to section
					 5153 and new section
					 5154, transmitted to OAL 6-2-2011
					 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Section
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 1 - General Provisions › Article 12 - Universal Evaluation Criteria for All Applications › Section 5155

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-12-2010 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must
					 be transmitted to OAL by 1-10-2011 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 1-6-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-5-2011 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 4-1-2011 order, including repealer of section, transmitted to OAL
					 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 2 - Applications › Section 5181 - Concurrent Application with Other Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for an Allocation of the Qualified Residential
					 Rental Project Pool that also seek financing in conjunction with the California
					 Department of Housing and Community Development and/or the California Housing
					 Finance Agency may submit a Universal Competitive Addendum or a Universal
					 Non-Competitive Addendum depending on whether the Allocation Round for which
					 the Application is being submitted is being conducted under a competitive or
					 non-competitive process as provided in section
					 5010(b).
1. New
					 section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-6-2011 as an emergency; operative
					 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-1-2011 order transmitted
					 to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 2 - Applications › Section 5182 - Concurrent Application with CTCAC

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants requesting an Allocation for a Qualified
					 Residential Rental Project who concurrently have an application for the same
					 Project filed with CTCAC for consideration under the nine (9%) percent program
					 set forth in section
					 10325 of Title 4 of the California
					 Code of Regulations will not be permitted to apply to the Committee unless the
					 application to CTCAC is withdrawn prior to the Application deadline.
1. New
					 section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-6-2011 as an emergency; operative
					 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-1-2011 order transmitted
					 to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 2 - Applications › Section 5183 - Subsequent Application with CTCAC

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants that receive an Allocation for a Qualified
					 Residential Rental Project are prohibited from subsequently requesting an
					 allocation of 9% low income housing tax credits from CTCAC for the same
					 Project, except where the Committee grants a waiver based on extraordinary
					 circumstances, including but not limited to, the passage of significant time or
					 circumstances outside the Applicant's control, and makes a determination that
					 the waiver is consistent with the provision of affordable housing.
1. New
					 section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-6-2011 as an emergency; operative
					 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-1-2011 order, including
					 amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register
					 2011, No. 26).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 3 - Minimum Requirements › Section 5193 - Debt Service Coverage Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  Qualified Residential Rental Projects, the minimum debt service coverage ratio
				  (the ratio of the net operating income from the Project divided by the required
				  debt service on the debt associated with the Project) shall meet the
				  requirements outlined in Section
				  10327(g)(6) of
				  CTCAC Regulations, except for FHA/HUD projects, RHS projects or projects
				  financed by the California Housing Finance Agency.
(b) Applicants shall complete the following
				  information relating to the Debt Service Coverage Ratio contained in the
				  commitment for credit enhancement or private placement purchase of bonds, using
				  annualized pro-forma figures:
(1) Potential
				  gross income less vacancy rate. Applicants shall use market area vacancy rate
				  or appraised vacancy rate, but in no event use less than 5%. If less than 5% is
				  being used, a written explanation as to the reason must accompany the
				  Application.
(2) net operating
				  income (effective gross income minus operating expenses (include Operating
				  & Replacement Reserves)), and
(3) principal plus interest (debt service),
				  and
(4) the debt service coverage
				  ratio (net operating income divided by principal plus interest). If Potential
				  Gross Income is significantly higher than Monthly Gross Rent, then CDLAC may
				  ask the applicant to identify other sources of Potential Gross Income to
				  ascertain that these other sources are allowed.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 6 - Acquisition and Rehabilitation Projects › Section 5211 - Tenant Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants proposing rehabilitation or demolition of
					 occupied housing shall comply with Section
					 10322(h)(28) of
					 the CTCAC regulations.
1. New
					 section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-6-2011 as an emergency; operative
					 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 4-6-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-1-2011 order, including
					 repealer and new section, transmitted to OAL 6-2-2011 and filed 7-1-2011
					 (Register 2011, No. 26).
5. Amendment filed 5-10-2021 as an
					 emergency; operative 5-10-2021 (Register 2021, No. 20). Emergency expiration
					 extended 60 calendar days pursuant to Executive Order N-40-20 plus an
					 additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate
					 of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will
					 be repealed by operation of law on the following day.
6. Certificate
					 of Compliance as to 5-10-2021 order transmitted to OAL 4-11-2022 and filed
					 5-23-2022 (Register 2022, No. 21).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 7 - Post Issuance Oversight and Termination of Project-Based Subsidies › Section 5221 - Disqualification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-1-2011; operative 7-1-2011 (Register 2011, No.
					 26).
2. Amendment of first paragraph filed 2-4-2016 as an emergency
					 pursuant to Government Code section
					 8869.94;
					 operative 2-4-2016 (Register 2016, No. 6). A Certificate of Compliance must be
					 transmitted to OAL by 8-2-2016 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 2-4-2016 order transmitted to OAL 5-4-2016 and filed 6-14-2016 (Register
					 2016, No. 25).
4. Repealer 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.
5. Repealer 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.
6. Reinstatement of section
					 as it existed prior to 12-15-2016 emergency amendment by operation of
					 Government Code section
					 11346.1(f)
					 (Register 2017, No. 38).
7. Repealer filed 10-13-2017; operative
					 10-13-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 41)
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 8 - Evaluation Criteria › Section 5230 - Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following criteria will be used to evaluate and rank all Qualified Residential
				  Rental Project applications. Each of the items in this section shall be
				  memorialized in the Committee Resolution.
(b) Preservation and Other Rehabilitation
				  Project Priorities (20 points maximum).
(1)
				  Preservation Projects meeting the following criteria shall receive points in
				  the highest scoring category only:
(A) A
				  project that meets at least one of the following shall receive 20 points:
(i) An At-Risk Project.
(ii) A project in which lower-income rent and
				  income restrictions on at least 50 percent of the total units pursuant to a
				  regulatory agreement with a public entity shall terminate or be eligible for
				  termination within five years of application with no other rent and income
				  restrictions remaining.
(iii) A
				  replacement or rehabilitation project approved by HUD pursuant to a Section
				  18 or
				  22 Demolition/Disposition
				  authorization.
(iv) A component one
				  project being rehabilitated under the HUD Rental Assistance Demonstration (RAD)
				  Program.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 8 - Evaluation Criteria › Section 5232 - Competitive Application Process Maximum Allocation Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  projects subject to the Competitive Application Process, the Committee will
				  allocate no more than seventy-five million dollars ($75,000,000) for any
				  proposed Qualified Residential Rental Project. Where a proposed Qualified
				  Residential Rental Project is located within one-fourth (1/4) mile of another
				  Qualified Residential Rental Project involving the same Project Sponsor or a
				  Related Party to the Project Sponsor, the Allocation amounts for the Qualified
				  Residential Rental Projects cannot, in the aggregate, exceed seventy-five
				  million dollars ($75,000,000) within a calendar year.
(b) The Committee may waive this maximum
				  allocation amount if the Committee determines that the demand for allocation
				  for Qualified Residential Rental Projects is such that the maximum allocation
				  amount is not warranted. An Applicant requesting an Allocation in excess of
				  seventy-five million dollars ($75,000,000) may seek a waiver from the Committee
				  based on the following factors:
(1) The
				  Qualified Residential Rental Project qualifies as a At-Risk Project;
				  or
(2) Documentation is provided in
				  the Application indicating why a Qualified Residential Rental Project cannot be
				  developed in phases at a seventy-five-million-dollar ($75,000,000) level. The
				  documentation must be specific and may include, but is not limited to, a site
				  plan detailing the layout of the subject property, unit mix per stage of the
				  phase, any unique features of the property which inhibits phasing, a
				  description of infrastructure costs, and a cost breakdown by
				  phases.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 8 - Evaluation Criteria › Section 5233 - Allocation Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Limit CDLAC bond allocation on all units on a per-unit basis in the QRRP Pools
				  as follows:
Studio and SRO:
$5 22,000
One-bedroom:
$544,000
Two-bedroom:
$580,000
Three-bedroom:
$638,000
Four- or more bedroom:
$671,000
(b) Private Activity Bond allocation awards
				  cannot exceed 55% of the aggregated depreciable basis plus land basis. In
				  determining compliance with this test, CDLAC staff may rely on the legal or tax
				  opinion submitted with the application.
Note: Authority cited: Section 8869.94, Government Code.
						Reference: Sections 8869.84(c), 8869.85(a) and 8869.85(b), Government
						Code.
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 9 - Supplemental Allocation › Section 5240 - Supplemental Allocation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Requests for Supplemental Allocations may be submitted throughout the year.
				  Except as provided in subdivision (b), staff shall review each request for
				  Supplemental Allocation and make a recommendation to the Committee regarding
				  any possible award of additional Allocation. Awards of Supplemental Allocations
				  pursuant to this subdivision shall be memorialized in a Committee Resolution.
				  All applicable requirements imposed on the associated initial project
				  Allocation, including, but not limited to, the expiration of Allocation, Bond
				  issuance deadlines, extensions, transfers of Allocation, carryforward elections
				  and reporting shall be equally applicable to Supplemental
				  Allocations.
(b) The Committee may
				  delegate authority to the Executive Director to award Supplemental Allocation
				  to projects where the total delegated supplemental requests are both of the
				  following:
(1) No more than 10% of the
				  project's Committee approved allocation; and
(2) No more than 52% of the aggregate
				  depreciable basis plus land basis.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 9 - Supplemental Allocation › Section 5241 - Realignment of Expiration Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Projects awarded a Supplemental Allocation for which no
					 Bonds were issued from the original award of Allocation shall have the
					 expiration date of the original award.
1. New
					 section filed 7-1-2011; operative 7-1-2011 (Register 2011, No.
					 26).
2. Amendment filed 2-1-2021 as an emergency pursuant to
					 Governmental Code section
					 8869.94;
					 operative 2-1-2021. Emergency expiration extended 60 days (Executive Order
					 N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021,
					 No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Refiling of 2-1-2021 order on 12-3-2021 as an emergency;
					 operative 12-3-2021 (Register 2021, No. 49). A Certificate of Compliance must
					 be transmitted to OAL by 3-3-2022 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 12-3-2021 order transmitted to OAL 4-11-2022 and filed 5-23-2022
					 (Register 2022, No. 21).
5. Amendment 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
					 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 transmitted
					 to OAL 4-18-2023 and filed 5-31-2023 (Register 2023, No. 22).
Note: Authority cited: Section
						8869.94, Government Code.
						Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 10 - Scattered Site Applications › Section 5250 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications for Scattered Site Projects shall provide all information required
				  for each site. Additional stipulations are as follows:
(1) For acquisition and rehabilitation
				  projects, a Capital Needs Assessment report may combine information for all
				  Project sites in one report.
(2)
				  For new construction projects and acquisition/rehabilitation projects, a Market
				  Study may combine information for all Project sites in one report; however, the
				  Market Study shall have separate Rent Comparability Matrices for each
				  site.
(3)
				  Acquisition/Rehabilitation Projects where each location is subject to an
				  existing Residential Rental Regulatory Agreement or a federal, state, or local
				  operating or rental assistance agreement may provide, as an alternative to
				  providing a market study and affordability matrices consistent with Sections
				  5200(a) and
				  5250(a)(3), a
				  comprehensive market study consistent with
				  26 U.S.C. Section
				  42(m)(1)(A)(iii). The study
				  must be a written statement certified by a third party market analyst and the
				  project must meet at least one of the following requirements:
(A) as certified by a third-party market
				  analyst, the proposed tenant paid rents and income targeting will not exceed
				  one hundred-five percent (105%) of the current rents and targeting and a
				  vacancy rate of no more than five percent (5%); for single room occupancy and
				  special needs housing a vacancy rate of no more than ten percent (10%);
				  or
(B) as evidenced by copies of
				  executed contracts, the project has been receiving federal, state, or local
				  operating or rental assistance and will continue to receive such assistance for
				  at least five (5) additional years. If a contract demonstrating operating or
				  rental assistance for an additional five (5) years is not available, a letter
				  signed by the contractor's senior official may be submitted that describes the
				  efforts undertaken to effectuate an operating or rental assistance contract,
				  the expected duration of the contract, and the expected contract execution
				  date.
(4) Evidence of
				  site control shall be required for each site.
(5) Any maps provided shall include each
				  site.
California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 2 - Qualified Residential Rental Projects › Article 10 - Scattered Site Applications › Section 5251 - Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each site within an Application for a Scattered Site shall
					 be evaluated individually for points as provided in section
					 5230. The total points awarded to a
					 Project in any category shall be based on the pro-rata share of total units
					 each site represents. For instance, if only one site meets the threshold for an
					 award of 5 points and the site represents 40% of total units, the Project shall
					 be awarded two (2) points for this category (40% x 5 points).
1. New
					 section filed 7-1-2011; operative 7-1-2011 (Register 2011, No.
					 26).
2. Amendment filed 2-1-2021 as an emergency pursuant to
					 Governmental Code section
					 8869.94;
					 operative 2-1-2021. Emergency expiration extended 60 days (Executive Order
					 N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021,
					 No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Refiling of 2-1-2021 order on 12-3-2021 as an emergency;
					 operative 12-3-2021 (Register 2021, No. 49). A Certificate of Compliance must
					 be transmitted to OAL by 3-3-2022 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 12-3-2021 order transmitted to OAL 4-11-2022 and filed 5-23-2022
					 (Register 2022, No. 21).
Note: Authority cited: Section
						8869.94, Government Code.
						Reference: Sections
						8869.84(c),
						8869.85(a)
						and
						8869.85(b),
						Government Code.