reglab/statecodes huggingface dataset:
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 7 - Office of Migrant Services › Article 5 - Rent Raises › Section 7650 - Rent Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Department shall establish a schedule of rents, which shall govern the
					 amount of rent paid by residents for occupancy of units in migrant housing
					 centers.
(b) The schedule of rents
					 shall be established from a statewide base for the 1998 on-season of a rent
					 rate of seven dollars and fifty cents per day for a two-bedroom
					 dwelling.
(c) If the Department
					 determines that it is necessary, the Department shall establish a modified base
					 rent for a two-bedroom dwelling unit, which may be as low as four dollars per
					 day. The necessity to modify the base rent shall be determined based on factors
					 which include, but are not limited to, the condition of the units; the funding
					 level appropriated by the Legislature for the purposes of the Department; or
					 the availability of other funds which subsidize the operation of the center. At
					 the request of the Department, the contractor shall provide information
					 necessary for this determination. Decreases in the base rent established
					 pursuant to this subsection shall be rounded to the nearest twenty-five
					 cents.
(d)
(1) In order to assess whether a rent
					 adjustment is necessary for the subsequent fiscal year, the Department shall
					 develop a Projected Operating Fiscal Need. The Projected Operating Fiscal Need
					 shall be the difference between the Projected Operating Costs and the Projected
					 Available Operating Funding for the subsequent fiscal year, each of which is
					 determined as follows:
(A) Total Projected
					 Operating Costs for the subsequent fiscal year shall be determined as follows:
(1) The current fiscal year operating budget,
					 with modifications based on cost trends from the two prior fiscal years' actual
					 operating costs, and further adjusted to account for increases or decreases in
					 the total number of units projected to be available for the subsequent fiscal
					 year;
(2) The total amount of
					 deferred rehabilitation and repairs anticipated to be funded during the
					 subsequent fiscal year; and
(3) The
					 total amount estimated to be necessary for an emergency contingency fund, not
					 to exceed 5 percent of the total amounts of subparagraphs (1) and
					 (2).
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 7 - Office of Migrant Services › Article 5 - Rent Raises › Section 7651 - Rent Raises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, no. 9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register
						88, No. 46).
3. Repealer filed 3-17-98; operative 3-17-98 pursuant
						to Government Code section 11343.4(d) (Register 98, No.
						12).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 5 - Rent Raises › Section 7652 - Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
2. Repealer filed 11-2-88; operative 12-2-88 (Register
						88, No. 46).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7660 - Contractor Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contractor shall provide administrative, fiscal, and
						management services, employ staff, and purchase, rent, and use supplies and
						materials as needed to operate, maintain, and protect each migrant housing
						center in accordance with these regulations and the contract executed between
						the Department and contractor.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7661 - Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All contracts between the Department and any contractor
						shall be consistent with these regulations, and where there is a conflict, the
						regulations shall prevail.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7662 - Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contractor shall maintain each migrant housing
						center in a safe and sanitary condition in accordance with standards prescribed
						by the Department, state law, and local ordinance.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7663 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractor shall maintain such records and accounts,
						including property, personnel, and financial records, as are deemed necessary
						by the Department to ensure a proper accounting of all state and other migrant
						center funds and shall retain the same for at least three years after the
						expiration of each annual contract. The Department shall have access to and the
						right to examine and audit all reports, records, books, papers, or other
						documents related to contractor's performance under each annual
						contract.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7664 - Resident Council

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Not more than 30 days after a migrant housing center
						has:
(a) Become at least 50% occupied;
					 or
(b) Upon petition of 50% of the
					 residing heads of households, contractor shall assist and encourage the
					 residents of the migrant housing center to elect from among themselves a
					 Resident Council which shall have the following responsibilities:
(1) Elect from among themselves a
					 chairperson;
(2) Advise the
					 contractor and/or the Department on any matter pertinent to the operation of
					 the migrant housing center;
(3)
					 Represent all residents of the migrant housing center on matters which properly
					 should be presented to the contractor and/or the
					 Department.
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 7 - Office of Migrant Services › Article 6 - Contractor Responsibilities › Section 7665 - Alterations to Migrant Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contractor shall not make nor shall permit to be
						made any substantial alteration or addition to any migrant center without
						written consent of the contractor and the Department. This section shall not
						apply to facilities owned exclusively by a contractor or other interests and
						not meant for the use of migratory agricultural workers.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7672 - Eligible Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
					 be eligible for funding, a proposed project must involve one or more of the
					 following structures:
(1) a substandard rental
					 housing development that will have one or more assisted units;
(2) a rental housing development eligible for
					 seismic rehabilitation improvements pursuant to section 7675;
(3) an existing structure that will undergo a
					 conversion and will have one or more assisted units; or
(4) an existing substandard residential
					 structure that will undergo reconstruction and will have one or more assisted
					 units.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7673 - Eligible Sponsor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 sponsor shall be any individual, joint venture, partnership, limited
					 partnership, trust, corporation, limited equity housing cooperative, local
					 public entity, duly constituted governing body of an Indian reservation or
					 rancheria, or other legal entity, or any combination thereof meets the
					 requirements of subdivision (c).
(b) A sponsor may be organized on a
					 for-profit, including limited profit, or nonprofit basis.
(c) In order to be eligible for funding, an
					 applicant must be a sponsor who:
(1)
					 demonstrates ability or experience relevant to owning, rehabilitating, and
					 operating rental housing through any of the following:
(A) prior ownership, rehabilitation and
					 operation of rental housing;
(B)
					 staff with demonstrated ability or experience owning, rehabilitating and
					 operating rental housing; or
(C)
					 contracting with a consultant or consultants with demonstrated ability or
					 experience assisting with the owning, rehabilitation and operation of rental
					 housing; and
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7675 - Seismic Rehabilitation Improvements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible to receive program funds
					 for seismic rehabilitation improvements, a project must:
(1) be located within the jurisdiction of a
					 local agency that has completed an inventory of unreinforced masonry buildings
					 and has adopted a seismic mitigation program or ordinance pursuant to section
					 8875.2 of the Government Code or section 19163 of the Health and Safety
					 Code;
(2) involve a structure which
					 is identified as a potentially hazardous building by the local agency in which
					 it is located; and
(3) involve a
					 structure that contains, or will contain, at least six dwelling or residential
					 hotel units, where at least 70 percent of all dwelling or residential hotel
					 units will be assisted units and at least 50 percent of the total gross floor
					 area will be used for residential purposes.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7676 - Term of Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 projects involving rehabilitation and either acquisition or refinancing, the
					 initial loan term shall be 30 years. For projects involving only
					 rehabilitation, the initial loan term shall be 20 years.
(b) Upon request by the sponsor, the
					 department shall approve an initial loan term longer than those set forth in
					 subdivision (a) provided that such longer term does not exceed the useful life
					 of the rental housing development as determined by the department utilizing
					 general industry standards.
(c)
					 Upon request by the sponsor, the department may approve one or more ten-year
					 extensions of the loan term, if the department determines prior to granting
					 each extension that both of the following are met:
(1) The sponsor is in compliance with the
					 Regulatory Agreement and agrees to continue to comply during the extended term;
					 and
(2) The extension is necessary
					 to continue operations consistent with program
					 requirements.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7677 - Maximum Loan Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The maximum loan amounts shall correspond to the loan limits provided in
					 subdivision (a)(1) of section 7460 of this Title. The amounts for a small
					 apartment unit and for a large apartment unit shall be the same as the limits
					 provided for a small unit and for a large unit. The amounts for a single-family
					 house shall be the same as the limits for a single-family dwelling. (The
					 amounts for a residential hotel unit shall be the same as those limits shown
					 for a residential hotel unit.)
(b)
					 The loan amount is limited to the amount required when considered with other
					 available financing, in order to achieve all of the following:
(1) to enable the rehabilitation and either
					 acquisition or refinancing, or rehabilitation only, of the rental housing
					 development;
(2) to ensure that
					 rents for assisted units are in accordance with program requirements;
					 and
(3) to operate in compliance
					 with all other program requirements.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7678 - Interest Rate and Loan Repayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans shall bear simple interest of three
					 percent per annum on the unpaid principal balance. Interest shall accrue from
					 the date that funds are disbursed by the department to an escrow holder on
					 behalf of the sponsor.
(b) Accrued
					 interest shall be payable annually to the department commencing no later than
					 the sixtieth (60th) day after the last day of the initial operating year and
					 continuing no later than that date annually thereafter until the loan is paid
					 in full.
(c) Upon request by the
					 sponsor, the department may permit periodic payments of principal, provided
					 that the resulting additional debt service will not jeopardize the fiscal
					 integrity of the project or the sponsor's ability to maintain rents in
					 accordance with program requirements. The department may approve a repayment
					 plan at loan closing or any time thereafter, subject to the following:
(1) The repayment plan shall be based on
					 actual or projected net cash flow which shall be calculated by subtracting from
					 total operating income the sum of the amounts necessary for project fiscal
					 integrity plus the amount for the allowable distribution to sponsor pursuant to
					 section 7684.
(2) The repayment
					 plan may include provision for an incentive payment to the sponsor not to
					 exceed the proposed repayment to be applied to the principal. Such payment to
					 the sponsor shall be in addition to the sponsor's permitted distribution
					 pursuant to section 7684.
(3) The
					 additional debt service and any payments to sponsor under this subdivision
					 shall not be included in determining compliance with the project's debt service
					 coverage ratio requirements of Health and Safety Code section
					 50668.5(d).
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7679 - Loan-to-Value Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The ratio of total indebtedness secured by the project property, including the
					 department's loan, to the total after-rehabilitation value of the project
					 property shall not exceed 90 percent, except when the sponsor is a nonprofit
					 sponsor, in which case the ratio shall not exceed 100 percent. In the event
					 there is a transfer of the project between a for-profit sponsor and a nonprofit
					 sponsor, the loan-to-value ratio applicable to the acquiring party shall apply
					 to the project upon transfer.
(b)
					 The after-rehabilitation value shall be based on an appraisal, undertaken at
					 the sponsor's expense, that
(1) is prepared by
					 an individual who:
(A) has the knowledge and
					 experience necessary to appraise income property competently;
(B) is aware of, understand, and correctly
					 employs those recognized methods and techniques that are necessary to produce a
					 credible appraisal;
(C) in
					 reporting the results of the appraisal, communicates each analysis, opinion,
					 and conclusion in a manner that is not misleading as to the true value and
					 condition of the property;
(D) if
					 developing a business appraisal, is aware of, understands, and correctly
					 employs those recognized methods and techniques that are necessary to produce a
					 credible appraisal;
(E) in
					 reporting the results of a business appraisal, communicates each analysis,
					 opinion, and conclusion in a manner that is not misleading as to the true value
					 and condition of the property.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7680 - Administrative Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Administrative expenses are those expenses incurred by the sponsor related to
					 the planning and execution of the project. Such expenses include, but are not
					 limited to the following:
(1) salaries, wages,
					 and related costs of the sponsor's staff engaged in the planning and execution
					 of the project, including general legal services, accounting and auditing
					 relating to the sponsor's operations, and financial packaging;
(2) travel costs and other general overhead
					 costs which are attributable to the project;
(3) expenses for sponsor's administrative
					 services performed and paid for under third-party
					 contracts.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7681 - Occupancy Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A unit in a rental housing development
					 may be designated as an assisted unit if at the time of initial application:
(1) the unit is occupied by an eligible
					 household;
(2) the unit is vacant
					 and will remain available to an eligible household; or
(3) a noneligible household residing in the
					 unit has agreed not to return to the unit as evidenced by a signed waiver of
					 the tenant's right pursuant to section 7265.3(d) of the Government Code to
					 return to the unit after rehabilitation. Any such waiver must be in writing and
					 meet the notice requirements of section 7685(f).
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7682 - 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. The sponsor shall develop a tenant
					 selection plan for assisted units which shall be subject to the approval of the
					 department. The plan shall include the following:
(1) an affirmative marketing plan 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, and regardless of any
					 other arbitrary factor.
(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 of tenant applicants of eligibility and, based on turnover
					 history, 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
(D) maintenance of a waiting
					 list of eligible households applying to occupy assisted units and if
					 applicable, which distinguishes between lower and very low-income
					 tenants.
(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
								Size
Minimum No. of Persons in Household
0-BR
1
1-BR
1
2-BR
2
3-BR
4
4-BR
6
5-BR
8
(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 minimum occupancy
					 standards pursuant to this subdivision, tenant household shall be required to
					 move to the next available appropriately sized unit pursuant to this
					 subdivision.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7683 - Rent Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall establish initial
					 rent for assisted units in each project in accordance with the tables in
					 section 6932 and the following:
(1) Rents for
					 units reserved for occupancy by lower income households shall not exceed 30
					 percent of 60 percent of the monthly area median income for the household size
					 specified in subsection (a)(2) below at the time of initial
					 occupancy.
(2) The household size
					 to be used in calculating maximum rent shall vary based on unit size as
					 follows:
Unit
								  Size
Applicable Household Size
								  to Determine Income Limit
residential hotel unit or bedroom in a
								group home or congregate home
75 percent of 1 person, which
								may be multiplied by 2 for group homes if there are 2 occupants per
								bedroom
0 bedroom
1
								person
1 bedroom
2
								person
2 bedrooms
3 person
3 bedrooms
4 persons
4 bedrooms
6 persons
5 bedrooms
8 persons
(3) The maximum rent to be charged to tenants
					 shall be determined by deducting from the maximum amounts calculated pursuant
					 to (a)(1) and (a)(2) a utility allowance (for the appropriate unit size)
					 determined or approved by the United States Department of Housing and Urban
					 Development under section 8 of the United States Housing Act of 1937, section
					 1437f, Title 42 U.S.C., for the locality in which the rental housing
					 development is located. Where a tenant does not directly pay for utilities, the
					 utility allowance deduction shall be zero.
(4) As used in this section "rent" does not
					 include any payment to a sponsor under section 8 of the United States Housing
					 Act of 1937, section 1437f, Title 42 U.S.C., or any comparable federal or state
					 rental assistance program.
(5) For
					 an assisted unit occupied by an eligible household at the time of initial
					 application to the program, the after-rehabilitation rent may not exceed the
					 greater of (i) the rent charged at the time of initial program application, or
					 (ii) 25% of the subject tenant household's monthly gross income. In no event is
					 the rent to exceed that which could be charged pursuant to subdivision (a)(1),
					 (2), and (3) above.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7684 - Limits on Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor shall be limited to an annual
					 distribution on the sponsor's actual investment in the project in an amount not
					 to exceed eight percent per annum. A sponsor may not accumulate distributions
					 from year to year.
(1) For a project
					 involving only rehabilitation and no acquisition or refinancing, actual
					 investment is determined as follows: the market value of the rental housing
					 development prior to rehabilitation, as determined in an appraisal, less
					 outstanding debt prior to rehabilitation, plus any cash contributions to the
					 project made by the sponsor.
(2)
					 For a project involving rehabilitation and either acquisition or refinancing,
					 actual investment is the amount of any cash contributions to the project made
					 by the sponsor. Cash contributions do not include government assistant or
					 private donations, other than the sponsor's, to the
					 project.
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 8 - California Housing Rehabilitation Program › Article 2 - Program Requirements › Section 7686 - Construction Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall review and
					 underwrite project plans and specifications to ensure the following objectives:
(1) The rental housing development shall have
					 a minimum useful life of 20 years for projects proposing only rehabilitation
					 and 30 years for projects proposing rehabilitation and either acquisition or
					 refinancing; and
(2) Maintenance,
					 repair, and replacement costs shall be minimized during the useful life of the
					 rental housing development.
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 8 - California Housing Rehabilitation Program › Article 3 - Application for Funding Procedures › Section 7687 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The department shall issue a Notice of Funding Availability (NOFA) which
					 specifies the amount of funds available, application requirements, the
					 allocation of rating points, and the general terms and conditions of funding
					 commitments. Applications in response to each NOFA will be accepted on a
					 continuous basis.
(b) Within 30
					 days of the receipt of an application, the department shall provide the
					 applicant with written notice whether the application is complete pursuant to
					 section 7688(c). If the application is not complete, the notice shall specify
					 the information or documentation necessary to complete the
					 application.
(c) Applications shall
					 be ranked at least quarterly.
(d)
					 The department shall process a complete application within 60 days.
(1) Within 30 days of the determination by
					 the department that an application is complete, the department shall provide
					 the applicant with written notice whether the application has qualified for
					 ranking pursuant to section 7689(c). If the application does not qualify for
					 ranking, the notice shall provide an explanation of the rating and of the
					 reasons for disqualification.
(2)
					 Within 30 days of providing notice that an application qualifies pursuant to
					 section 7689(c), the department shall provide the applicant with written notice
					 whether an application qualifies for funding pursuant to section 7689(d). If an
					 application does not qualify for funding, the notice shall include an
					 explanation of the ranking and the reasons for the
					 disqualification.
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 8 - California Housing Rehabilitation Program › Article 3 - Application for Funding Procedures › Section 7688 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application shall be made on form HCD
					 779, "Rental Loan Application, California Housing Rehabilitation Program
					 (CHRP)," dated 12/89, as set forth in subsection (b). This form is provided by
					 the department.
(b) HCD 779,
					 "Rental Loan Application, California Housing Rehabilitation Program (CHRP),"
					 12/89:
HCD 779, 12/89
RENTAL LOAN APPLICATION
CALIFORNIA HOUSING REHABILITATION PROGRAM
						(CHRP)
Loan for (check all applicable): _____ Acquisition _____
						Refinancing _____ Seismic Rehabilitation _____ General Rehabilitation _____
						Conversion _____ Reconstruction _____ for Residential Hotel _____ for Single
						Family Rental _____ for Multi-Family Rental _____ for Group Home _____ for
						Congregate Home _____ Building includes nonresidential space
SECTION I: GENERAL INFORMATION
A. APPLICANT
1. Name
					 _____________________________
2.
					 Address ___________________________
(Street)
(City)
(Zip)
3. Phone ( )
					 ___________________________
4.
					 Chief Executive (if applicable) ______________
(Name)
(Title)
5. Years in Existence (if applicable)
					 __________
6. Contact Person
					 ________________________ Phone ( ) ________________________
7. The Applicant is a (check one):
[ ]
individual
[
								]
joint venture
[ ]
limited partnership
[
								]
limited equity housing
[ ]
for-profit
								corporation
cooperative
[ ]
public agency
[
								]
Indian reservation or
[ ]
nonprofit
								corporation
rancheria
[ ]
general partnership
[
								]
other (specify)
8. Is any transfer of ownership to any other
					 entity (e.g. syndication) planned prior to post-rehabilitation occupancy? Yes
					 _____ No _____
9. Unless applicant
					 is a public agency, label as "1: FINANCIALS." If joint venture, include
					 separate documents for each partner. If partnership, include statements for the
					 general partners.
10. Complete
					 enclosed Development Qualifications form. Attach and label as "2: DEVELOPMENT
					 QUALIFICATIONS."
11. Proposed term
					 of loan and term of rent and occupancy restrictions:
A. Rehabilitation only: () 20 years ()
					 other:
B. Acquisition/Refinancing
					 & Rehabilitation: () 30 years () other:
C. How many years in addition to the minimum
					 required by Section 7676(a) of the regulations are you committing to maintain
					 rent and occupancy restrictions similar to program
					 restrictions?
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 8 - California Housing Rehabilitation Program › Article 3 - Application for Funding Procedures › Section 7689 - Project Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Projects shall not be considered for
					 funding unless the application demonstrates that all of the following
					 conditions exist:
(1) The applicant is an
					 eligible sponsor pursuant to section 7673;
(2) The project is eligible pursuant to
					 section 7672;
(3) All proposed uses
					 of program funds are eligible pursuant to section 7674;
(4) The application is complete pursuant to
					 section 7688;
(5) The requested
					 loan amount per unit is consistent with the maximum loan amounts authorized
					 pursuant to section 7677;
(6) The
					 estimated loan-to-value ratio is consistent with the requirements of section
					 7679(a).
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 8 - California Housing Rehabilitation Program › Article 4 - Program Operations › Section 7690 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall enter into a
					 Standard Agreement with the sponsor which shall encumber monies from the fund
					 in an amount sufficient to fund the approved loan amount. The Standard
					 Agreement shall contain the following:
(1) A
					 description of the approved project and the permitted uses of program
					 funds;
(2) provisions governing the
					 amount and terms of the loan;
(3)
					 provisions regarding the regulatory restrictions to be applied to the project
					 through the Regulatory Agreement;
(4) provisions governing the rehabilitation
					 work and, as applicable, the acquisition or refinancing, and the disbursement
					 of loan proceeds;
(5) special
					 conditions imposed as part of department approval of the project;
(6) requirements for the execution and, where
					 appropriate, the recordation of the agreements and documents required under the
					 program;
(7) terms and conditions
					 required by federal or state law;
(8) requirements regarding the establishment
					 of escrow accounts for the deposit of documents and the disbursement of loan
					 proceeds;
(9) remedies available to
					 the department in the event of a violation, breach, or default of the Standard
					 Agreement to ensure compliance with program requirements for the full term of
					 the Regulatory Agreement, including repayment of all costs of enforcement;
					 and
(10) other provisions necessary
					 to ensure compliance with the requirements of this program.
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 8 - California Housing Rehabilitation Program › Article 4 - Program Operations › Section 7691 - Disbursement of Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor shall request funds from the
					 department for actual expenditures in accordance with the schedule and the
					 authorized amounts in the approved project budget in the Rehabilitation Loan
					 Agreement. The information on any request for funds shall be subject to
					 verification by the department. Requests shall be made on form HCD 780,
					 "California Housing Rehabilitation Program-Rental Component, Request For
					 Funds," dated 12/89, as set forth in subsection (b). This form is provided by
					 the department.
(b) Text of form
					 HCD 780, "California Housing Rehabilitation Program--Rental Component, Request
					 for Funds," dated 12/89:
HCD 780, 12/89
CALIFORNIA HOUSING REHABILITATION PROGRAM RENTAL
						COMPONENT REQUEST FOR FUNDS
1.
					 BORROWER (Payee): ___________________________
2. ADDRESS:
					 ___________________________________
3. CONTRACT NUMBER:
					 __________________________
4. DATE:
					 _______________________________________
5.
Approved Loan
								Amount
Amount Per This
								Request
Total Amount Previously
								Approved
Balance
$___________________________
								______
$_____________________
$___________________________
$___________________________
6. USE OF FUNDS REQUESTED:
a. Acquisition/Refinance
								costs
$___________________________
b. Rehabilitation (Construction)
								costs
$___________________________
c. Non-Construction Development
								costs
$___________________________
7. DRAW CHECK IN TOTAL AMOUNT OF: $
					 _______________
8. SEND CHECK TO:
Department of Housing
								and
Community Development
Accounting Office
P.O. Box 952050
Sacramento, CA 94252-2050
9. CERTIFICATION: I, the undersigned, do
					 hereby certify that (1) the funds requested above were or will be used in
					 performance of the above numbered State Contract.
Signed:
						____________________________________________________
Title:
						_______________________________________________________
DO NOT WRITE BELOW THIS LINE
_____________________________________________________________
The work performed for which this request for
						disbursement is presented is in accordance with all provisions of Contract
						Number __________ between _______________ and the Department of Housing and
						Community Development, and is hereby approved for payment.
Program Manager: ___________________________ Date:
						___________________________
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 8 - California Housing Rehabilitation Program › Article 4 - Program Operations › Section 7692 - Sales, Transfers, and Encumbrances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor shall not sell, assign,
					 transfer, or convey the rental housing development, or any interest therein or
					 portion thereof, without the express prior written approval of the department.
					 A sale, transfer or conveyance shall be approved only if all of the following
					 requirements are met:
(1) the existing
					 sponsor is in compliance with the Regulatory Agreement or the sale, transfer or
					 conveyance will result in the cure of any existing violations;
(2) the successor-in-interest to the sponsor
					 agrees to assume all obligations of the existing sponsor pursuant to the
					 Regulatory Agreement and this program;
(3) the successor-in-interest is an eligible
					 sponsor and demonstrates to the department's satisfaction that it can
					 successfully own and operate the rental housing development and comply with all
					 program requirements; and
(4) no
					 terms of the sale, transfer, or conveyance jeopardize either the department's
					 security or the successor's ability to comply with all program
					 requirements.
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 8 - California Housing Rehabilitation Program › Article 4 - Program Operations › Section 7693 - Defaults and Loan Cancellations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event of a breach or violation by
					 the sponsor of any of the provisions of the Regulatory Agreement, the Standard
					 Agreement, the Rehabilitation Loan Agreement, the promissory note, or the deed
					 of trust, or any other agreement pertaining to the project, the department may
					 give written notice to the sponsor to cure the breach or violation within a
					 period of not less than 15 days. If the breach or violation is not cured to the
					 satisfaction of the department within the specified time period, the
					 department, at its option, may declare a default under the relevant document
					 and may seek legal remedies for the default including the following:
(1) The department may accelerate all
					 amounts, including outstanding principal and interest, due under the loan and
					 demand immediate repayment thereof. Upon a failure to repay such accelerated
					 amount in full, the department may proceed with a foreclosure in accordance
					 with the provisions of the deed of trust and state law regarding
					 foreclosures.
(2) The department
					 may seek, in a court of competent jurisdiction, an order for specific
					 performance of the defaulted obligation or the appointment of a receiver to
					 complete the project or operate the rental housing development in accordance
					 with program requirements.
(3) The
					 department may seek such other remedies as may be available under the relevant
					 agreement or any law.
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 8 - California Housing Rehabilitation Program › Article 4 - Program Operations › Section 7694 - Management and Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor shall be responsible for all
					 management functions of the rental housing development including selection of
					 the tenants, annual recertification of household income and size, evictions,
					 and collection of rent.
(b) The
					 sponsor is responsible for all repair and maintenance functions of the rental
					 housing development, including ordinary maintenance and replacement of capital
					 items. The sponsor shall maintain residential units, nonresidential space and
					 common areas in accordance with local health, building, and housing codes and
					 the management plan.
(c) The
					 sponsor, with the prior approval of the department, may contract with a
					 management agent for the performance of the services or duties required in
					 subdivision (a) and (b). However, such an arrangement does not relieve the
					 sponsor of responsibility for proper performance of these duties. Such contract
					 shall contain a provision allowing the sponsor to terminate the contract upon
					 thirty days' notice. The sponsor shall terminate said contract as directed by
					 the department upon determination that management does not comply with program
					 requirements.
(d) The sponsor shall
					 develop a management plan subject to department approval prior to loan closing.
					 The plan shall be consistent with this subchapter and shall include the
					 following:
(1) the role and responsibility of
					 the sponsor and its delegation of authority, if any, to the managing
					 agent;
(2) personnel policy and
					 staffing arrangements;
(3) plans
					 and procedures for publicizing and achieving early and continued
					 occupancy;
(4) procedures for
					 determining tenant eligibility and for certifying and annually recertifying
					 household income and size;
(5)
					 plans for carrying out an effective maintenance and repair program;
(6) rent collection policies and
					 procedures;
(7) program for
					 maintaining adequate accounting records and handling necessary forms and
					 vouchers;
(8) plans for
					 tenant-management relations;
(9)
					 management agreement, if any;
(10)
					 description of direct or supportive tenant services, if any; and
(11) provisions for periodic update of
					 management plan.