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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 2 - Program Requirements › Section 8121 - 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, and shall annually verify household
					 income and size to determine continued eligibility and appropriate unit size.
					 As part of the management plan required by section 8137(e), the sponsor shall
					 develop a tenant selection plan for assisted units which shall be subject to
					 the approval of the department. Any change to the plan shall be subject to the
					 approval of the department. The plan shall include the following:
(1) an affirmative marketing plan for
					 eligible households 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. Where a significant number of persons in the area of the rental
					 housing development have limited fluency in English, the plan shall require
					 that publications implementing the affirmative marketing plan be provided in
					 the native languages of those persons;
(2) reasonable criteria for selection or
					 rejection of applicants which shall not discriminate in violation of any
					 federal, state or local laws or base tenant selection on any other arbitrary
					 factor. Reasonable criteria shall include:
(A)
					 for each rental housing development, a priority to applicants who are employed
					 at nearby facilities or who potentially could be employed at nearby facilities
					 through publicly assisted or other job- training or entry-level employment
					 programs and who are willing to participate in the job training and placement
					 program provided pursuant to section 8128(a); and
(B) for each congregate housing development,
					 the willingness and ability of an applicant to enter into a resident management
					 agreement as described in section 8137;
(C) for each community housing development, a
					 priority to applicants who are employed in the management and operation of the
					 community housing development or its child care center.
(3) a prohibition of local residency
					 requirements; and
(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 to a
					 tenant applicant of either;
(1) eligibility to
					 occupy an assisted unit and, based on turnover history, the approximate date
					 when a unit may be available;
(2)
					 ineligibility to occupy an assisted unit, the reason for the ineligibility, and
					 the right to appeal this determination pursuant to section 8121(e);
					 and
(C) maintenance of a
					 waiting list of eligible households which have applied to occupy assisted units
					 which if applicable, distinguishes between lower- and very low-income
					 applicants, and elderly households and families with
					 children.
(5) for
					 community housing developments, tenant occupancy standards that shall be used
					 by the sponsor upon both initial occupancy and annual recertification to
					 determine the size of a unit to be occupied by a tenant, as follows:
Unit
								  Size
No. of Persons in
								  Household Minimum
Maximum
0-BR
1
2
1-BR
1
3
2-BR
2
5
3-BR
4
7
4-BR
6
9
5-BR
8
11
(A) A
					 sponsor may assign a unit other than that specified above if the sponsor
					 reasonably determines that special circumstances warrant a variance and the
					 reasons are documented in the tenant's file.
(B) If, upon annual recertification, the
					 tenant's household size has changed and no longer meets the occupancy standards
					 of this subdivision, the household shall be required to move to the next
					 available unit which will meet the requirements of this
					 subdivision.
(6) for
					 congregate housing developments, tenant occupancy standards that require no
					 less than one person and no more than three persons per bedroom, except as
					 approved by the department subsequent to review of unique design features, such
					 as flexible walls.