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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7102 - Retention and Custodial Requirements for Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grantee shall retain financial records, supporting
						documents, statistical records, and all other records pertinent to a grant in
						accordance with 24 CFR 570.502(a)(16) and 24 CFR 85.42.
1.
						Repealer of subsection (a) designator, amendment of former subsection (a),
						repealer of subsections (a)(1)-(e) and amendment of NOTE filed 7-31-96;
						operative 7-31-96 pursuant to Government Code section 11343.4(d) (Register 96,
						No. 31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR 570.502(a)(16) and
						  85.42.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7104 - Program Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 "Program Income" means gross income earned by the grantee from grant-funded
					 activities as defined in 24 CFR Section 570.489(e).
(b) Grantees shall account for and disburse
					 program income related to projects financed in whole or in part with grant
					 funds pursuant to 24 CFR Section 570.489(e).
(c) Grantees shall account for disbursement
					 of program income annually or more frequently as required by the Department for
					 cause.
(d) If CDBG local program
					 income will be used to operate a program such as: housing rehabilitation,
					 homeownership assistance, business financial assistance and micro enterprise
					 financial assistance, the applicant shall submit program guidelines to the
					 Department for approval. No CDBG grant funds or local program income shall be
					 expended to operate a program until the Department has approved the program
					 guidelines in writing.
(A) The program
					 guidelines shall describe how the program will be operated and how it will
					 comply with State and federal regulations. In addition, program guidelines
					 shall address the following topics:
1.
					 Financing terms and interest rates;
2. Underwriting standards;
3. Application processing procedures and
					 timing for loan approvals;
4.
					 Procedures for resolving disputes between the participant and the CDBG
					 grantee;
5. Description of any
					 property restrictions imposed as a condition of receiving the loan (e.g.,
					 resale controls, equity sharing);
6. Loan servicing policies addressing the
					 issues of: subordination; refinancing; change in occupancy, change in use,
					 assumptions, and verification of payment of taxes and insurance.
7. If the program will involve rehabilitation
					 or construction, procedures for developing the scope of work, description of
					 the contractor procurement and payment process, and a description of the
					 conflict resolution process in the event of a dispute between the contractor
					 and the program participant
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7106 - Standards for Grantee Financial Management Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall establish and maintain their financial
						management systems for CDBG grants in accordance with 24 CFR 85.20 et.
						seq.
1.
						Repealer of subsections (a)-(b), new section and amendment of NOTE filed
						7-31-96; operative 7-31-96 pursuant to Government Code section 11343.4(d)
						(Register 96, No. 31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR 85.20 et.
						  seq.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7108 - Financial Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall report at least annually on financial
						matters as required by 24 CFR 85.41.
1.
						Amendment of subsections (a) (6) and (e) filed 1-19-84; effective upon filing
						pursuant to Government Code Section 11346.2(d) (Register 84, No.
						3).
2. Amendment of first paragraph, repealer of subsections (a)-(f)
						and amendment of NOTE filed 7-31-96; operative 7-31-96 pursuant to Government
						Code section 11343.4(d) (Register 96, No. 31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR
						  85.41.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7110 - Monitoring and Reporting of Program Performance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grantees shall monitor the performance of
					 grant-supported activities to assure that time schedules are being met and the
					 milestones in the work schedule are being accomplished. This review shall be
					 made for each activity in the approved grant agreement.
(b) Each grantee shall prepare annual and
					 periodic performance reports. Except as provided for in subdivision (d) below,
					 performance reports shall not be required more frequently than quarterly unless
					 warranted by special circumstances.
(c) The performance report for each activity
					 shall describe the following:
(1) A
					 description of actual accomplishments compared to the objectives established
					 for the reporting period. In addition, where the results of activities can be
					 quantified, unit costs shall be reported.
(2) Reasons why established objectives were
					 not met.
(3) Other information such
					 as a specific explanation of cost overruns or high unit
					 costs.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7112 - Grant Payment Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant payment methods shall minimize the
					 time elapsing between the disbursement by a grantee and the transfer of funds
					 from the State to the grantee, whether such disbursement occurs prior to or
					 subsequent to the transfer of funds.
(b) Grant payments are made to grantees by an
					 advance or a reimbursement. An advance is a payment made by the State to a
					 grantee upon its request before cash outlays are made by the grantee, subject
					 to limitations provided in the grant agreement, and based on the type of
					 grantee program. A reimbursement is a payment made to a grantee upon request
					 for payment of costs already paid by grantee.
(c) Unless otherwise provided by regulation,
					 the State shall not withhold payments for allowable charges made by grantees at
					 any time during the grant period unless (1) a grantee has failed to comply with
					 the grant agreement, or (2) the grantee is indebted to the State and collection
					 of the indebtedness will not impair accomplishment of the objectives of any
					 grant program sponsored by the Department. Under such conditions, the
					 Department may, upon 15 days notice, inform the grantee that payments will not
					 be made for obligations incurred after a specified date until the noncompliance
					 is resolved or the indebtedness to the State is liquidated.
1.
						Amendment of subsection (b) filed 1-19-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No.
						3).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code; and 24 CFR 570.489(b). Reference: Sections 50406 and
						  50407, Health and Safety Code; 42 U.S.C. 5306(d)(3)(A); 24 CFR 570.489, 570.494
						  and 570.497; and Office of Management and Budget (OMB) Circular
						  A-102.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7114 - Revision Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Cost categories," as used in this
					 section, means any of the following: personal services, operating expenses,
					 capital outlays, loans, grants or indirect costs.
(b) "Grant budget," as used in this section,
					 means the approved financial plan to carry out the purpose of the grant
					 program, or activity. It should be related to performance for program
					 evaluation purposes.
(c) The
					 grantee may not amend the program or activity in a manner which is inconsistent
					 with the original basis for the award without the Department's written approval
					 of the change. In addition, grantees shall request prior written approval from
					 the Department when a program or budget revision will be necessary for the
					 following reasons:
(1) Changes are to be made
					 in the scope or the objective of the program or activity.
(2) Additional funding is needed.
(3) Amounts budgeted for indirect costs must
					 be reallocated to absorb increases in direct costs.
(4) The need for transfers of funds among
					 cost categories or activities when the cumulative amount of such transfers
					 exceeds or is expected to exceed ten percent (10%) of the activity budget. The
					 same criteria shall apply to the cumulative amount of transfers among programs
					 or activities when budgeted separately for an award, except that no transfer is
					 permitted that would cause any grant appropriation, or part thereof, to be used
					 for purposes other than those intended in the grant program; or
(5) When the Department awards a grant which
					 provides support for both construction and nonconstruction work to make any
					 Fund or budget transfers between the two types of work
					 supported.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7116 - Grant Closeout Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following definitions shall apply for
					 the purpose of this section.
(1) "Grant
					 closeout" is the process by which the Department determines that all applicable
					 administrative actions and all required work of the grant have been completed
					 by the grantee and the State.
(2)
					 "Date of completion" is the date when all work under a grant is completed, or
					 the date in the grant agreement, or any supplement or amendment thereto on
					 which funding ends.
(3)
					 "Termination of a grant" means the cancellation of funding, in whole or in
					 part, at any time prior to the date of completion.
(4) "Suspension of a grant" is an action by
					 the Department which temporarily suspends funding under the grant pending
					 either corrective action by the grantee or a decision by the Department to
					 terminate the grant.
(5)
					 "Disallowed costs" are those charges to a grant which the Department determines
					 to be unallowable.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7118 - Property Management Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall adhere to the property management
						standards described in 24 CFR 85.30 et. seq.
1.
						Amendment of subsection (c) filed 1-19-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No. 3).
2.
						Amendment of subsection (b)(3) filed 2-22-85; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 85, No. 9).
3. Repealer
						of subsections (a)-(g)(2), new section and amendment of NOTE filed 7-31-96;
						operative 7-31-96 pursuant to Government Code section 11343.4(d) (Register 96,
						No. 31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR 570.489(k) and 24 CFR 85.30 et.
						  seq.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7120 - Procurement Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall adhere to the requirements of 24 CFR
						85.36.
1.
						Amendment of subsections (h)(2) and (k)(8) filed 1-19-84; effective upon filing
						pursuant to Government Code Section 11346.2(d) (Register 84, No.
						3).
2. Amendment of subsections (f)-(f)(5) and NOTE filed 11-30-95;
						operative 12-30-95 (Register 95, No. 48).
3. Repealer of subsections
						(a)-(l), new section and amendment of NOTE filed 7-31-96; operative 7-31-96
						pursuant to Government Code section 11343.4(d) (Register 96, No.
						31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR 85.36; and 24 CFR
						  570.502(a)(12).
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7122 - Audit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall arrange for independent audits on all CDBG
						grants consistent with OMB Circular A-128.
1.
						Amendment of subsection (f) filed 1-19-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No. 3).
2.
						Amendment of subsections (c) and (d) filed 3-4-87; effective upon filing
						pursuant to Government Code Section 11346.2(d) (Register 87, No.
						10).
3. Repealer of subsections (a)-(f)(6), new section and
						amendment of NOTE filed 7-31-96; operative 7-31-96 pursuant to Government Code
						section 11343.4(d) (Register 96, No. 31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR 570.502(a); and Office of Management
						  and Budget (OMB) Circular A-128.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7124 - Lump Sum Drawdown for Property Rehabilitation Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subject to the conditions prescribed in this section,
						grantees may draw funds from the Department in a single lump sum to establish a
						rehabilitation fund in one or more private financial institutions for the
						purpose of financing the rehabilitation of privately-owned properties as a part
						of the grantee's program.
The conditions prescribed for lump sum drawndown accounts
						are described in 24 CFR 570, Section 570.513.
1.
						Amendment filed 2-22-85; effective upon filing pursuant to Government Code
						Section 11346.2(d) (Register 85, No. 9).
2. New second paragraph,
						repealer of subsections (a)-(j) and amendment of NOTE filed 7-31-96; operative
						7-31-96 pursuant to Government Code section 11343.4(d) (Register 96, No.
						31).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code. Reference: 24 CFR
						  570.513.
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 2 - State Community Development Block Grant Program › Article 4 - Grant Administration › Section 7126 - Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees shall enforce standards for conflicts of
						interest which govern the performance of their officers, employees, or agents
						engaged in the award and administration of State CDBG grant funds. The
						standards for conflicts of interest shall prohibit any conflict of interest as
						defined in Title 24 Code of Federal Regulations Part 570.611 (as revised on
						10-14-83) which is hereby incorporated by reference. The Department shall use
						the criteria and standards set forth in Title 24 CFR 570.611 in evaluating
						questions concerning potential conflicts of interest.
1. New
						section filed 3-4-87; effective upon filing pursuant to Government Code Section
						11346.2(d) (Register 87, No. 10).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code; and 24 CFR 570.489(b). Reference: Section 50406(h)
						  Health and Safety Code and 24 CFR 570.611 (90-14-83
						  edition).
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 2.5 - Local Housing Trust Fund Program › Section 7150 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  These regulations implement and interpret Health and Safety Code Section
				  50843.5 and subdivision (c) of Health and Safety Code Section
				  53545.9.
(b) This program shall be
				  known as the Local Housing Trust Fund Program.
1. New
					 subchapter 2.5 (sections 7150-7160) and section filed 12-5-2008; operative
					 12-5-2008 pursuant to Government Code section 11343.4 (Register 2008, No.
					 49).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: Sections 50842.2, 50843.5 and 53545.9(c), 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 2.5 - Local Housing Trust Fund Program › Section 7151 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions govern the use of the terms below
					 in this subchapter:
(a) "Affordable
				  Rent" means the same as defined in Health and Safety Code Section
				  50053.
(b) "CCR" means the
				  California Code of Regulations.
(c)
				  "Department" means the Department of Housing and Community
				  Development.
(d) "Dedicated Source"
				  means taxes, fees, loan repayments, private contribution or other source of
				  funds that will reasonably provide Ongoing Revenues to the Local Housing Trust
				  Fund sufficient to meet the requirements of the Program.
(e) "Eligible Project" means any of the
				  following:
(1) Rental housing projects or
				  units within rental housing projects. The affordability of all units assisted
				  by Program Funds shall be restricted for not less than 55 years.
(2) Emergency shelters, safe havens, and
				  transitional housing, as these terms are defined in Health and Safety Code
				  section 50801.
(3) Homeownership
				  Project as defined in section 7151(j).
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 2.5 - Local Housing Trust Fund Program › Section 7152 - Eligible Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following entities shall be eligible to apply for
					 Program Funds:
(a) A city, county, or
				  city and county that has created, funded, and operated an Existing Local
				  Housing Trust Fund, or that has created and funded a New Local Housing Trust
				  Fund.
(1) The trust fund shall have the
				  following characteristics:
(A) It shall
				  utilize a public or joint public and private fund established by legislation,
				  ordinance, resolution, or a public-private partnership to receive specific
				  revenue to address local housing needs.
(B) It shall be funded from Ongoing Revenues
				  from Dedicated Sources of funding such as taxes, fees, loan repayments, or
				  private contributions.
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 2.5 - Local Housing Trust Fund Program › Section 7153 - Eligible Use of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Funds shall be used by the Grantee to provide loans for payment of
				  predevelopment expenses, acquisition, construction, or rehabilitation of
				  Eligible Projects.
(b) At least 30
				  percent of the total amount of the Program Funds and the Matching Funds shall
				  be expended on Eligible Projects that are affordable to, and restricted for,
				  Extremely Low Income households. No more than 20 percent of the total amount of
				  the Program Funds and the Matching Funds shall be expended on Eligible Projects
				  affordable to, and restricted for, Moderate Income Persons and Families. The
				  remaining Program Funds and Matching Funds shall be used for Eligible Projects
				  that are affordable to and restricted for, Lower Income Households.
(c) No Program Funds shall be used for the
				  costs of administering the Local Housing Trust Fund.
1. New
					 section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code
					 section 11343.4 (Register 2008, No. 49).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: Sections 50843.5 and 53545.9(c), 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 2.5 - Local Housing Trust Fund Program › Section 7154 - Matching Fund Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For each Program grant applicants shall
				  provide Matching Funds equal to or in excess of the amount of the Program
				  grant.
(b) Matching Funds shall be
				  On Deposit at the time of application, and the source of the funds shall be
				  identified.
(c) Funds restricted
				  for housing use by state or federal law (such as funds from the Home Investment
				  Partnerships Program ("HOME"), the Community Development Block Grant Program
				  ("CDBG"), or redevelopment agency low- and moderate-income housing fund
				  set-aside ("LMIHF") funds) shall not be considered Matching Funds. However,
				  redevelopment agency non-LMIHF funds may be considered Matching
				  Funds.
(d) A Local Housing Trust
				  Fund that is exclusively funded by any combination of HOME, CDBG, and
				  redevelopment agency LMIHF funds, or other state or federal funds restricted
				  for housing use shall not be eligible to receive Program Funds.
1. New
					 section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code
					 section 11343.4 (Register 2008, No. 49).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: Sections 50843.5 and 53545.9(c), 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 2.5 - Local Housing Trust Fund Program › Section 7155 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application for Program Funds shall be made in a format
					 provided by the Department. The Department shall request, as a minimum, the
					 following information:
(a) Applicant
				  identification information including: name, address, telephone number, contact
				  person and, for nonprofit corporations, corporate governing documents and
				  financial information (e.g., articles of incorporation and by-laws, certificate
				  of good standing, confirmation of 501(c)(3) status, audited financial
				  statements), identification of the administering entity, and list of
				  legislative representatives for the area where the program or project will be
				  undertaken.
(b) Governing board
				  resolution which legally authorizes the application.
(c) Description of the Local Housing Trust
				  Fund sufficient to ensure compliance with Health and Safety Code Section
				  50843.5 and this subchapter which at a minimum shall include:
(1) Documentation of establishment.
(2) Date of establishment.
(3) Date first funding received.
(4) Ongoing Revenue sources (distinguishing
				  residential and non-residential Local Impact Fees).
(5) Documentation of Matching Funds On
				  Deposit.
(6) Documentation of
				  sufficient Ongoing Revenues.
(7)
				  Documentation of the amount and source of Matching Funds and evidence that
				  Matching Funds are derived from sources that are not restricted to housing
				  uses.
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 2.5 - Local Housing Trust Fund Program › Section 7157 - Protection of Program Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to protect the Program Funds
				  awarded to a Grantee, the Grantee shall provide the Program Funds in the form
				  of a loan evidenced by a promissory note the repayment of which shall be
				  secured either by a deed of trust recorded against the title to the real
				  property or a security interest in the manufactured home being assisted with
				  Program Funds. The promissory note shall contain a special provision that
				  repayment shall be made to the Department in the event that the Grantee is no
				  longer in operation.
(b) Where
				  Program Funds are provided to a rental housing development, emergency shelter,
				  safe haven or transitional housing:
(1) The
				  Grantee and the housing developer borrower shall enter into a development loan
				  agreement setting forth the terms and conditions for closing and disbursing the
				  Program Funds which shall include, but not be limited to, requirements for
				  title insurance for the deed of trust, and the borrower's responsibilities and
				  obligations with respect to hazardous substance detection, disclosure, and
				  remediation.
(2) The Grantee shall
				  submit documentation of its loan guidelines and underwriting standards and
				  procedures for review by the Department.
(3) The Department shall have the right to
				  request copies of documentation of the activities of the Local Housing Trust
				  Fund at any time prior to or after disbursement of Program
				  Funds.
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 2.5 - Local Housing Trust Fund Program › Section 7158 - Encumbrance Deadline and Application of Repayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Program Funds not encumbered by a
				  Grantee by a loan commitment to the developer of an Eligible Project within 36
				  months of receipt shall promptly be returned to the Department.
(b) Repayments of Program Funds received by a
				  Grantee shall be retained by the Grantee in the Local Housing Trust Fund to be
				  used for the purposes set forth in this subchapter.
(c) If a Grantee ceases operations or Ongoing
				  Revenues cease less than five years from the date of the Grantee's award of
				  Program Funds, all unencumbered Program Funds shall promptly be returned to the
				  Department, and all current and future loan repayments shall be remitted to the
				  Department.
(d) The total amount
				  paid to the Department pursuant to (a) and (c) above and Section 7157(a) shall
				  not exceed the amount of the Program Funds received by the Grantee.
1. New
					 section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code
					 section 11343.4 (Register 2008, No. 49).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: Sections 50843.5 and 53545.9(c), 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 2.5 - Local Housing Trust Fund Program › Section 7159 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the award of funds the Department shall enter into a
					 standard agreement with the Grantee constituting a conditional commitment of
					 funds. The standard agreement shall require the Grantee to comply with the
					 requirements and provisions of these regulations and Health and Safety Code
					 Section 50843.5 and shall, in addition, contain the following:
(a) Encumbrance deadlines; project completion
				  deadlines; and agreement termination date.
(b) Grantee contract coordinator.
(c) Disbursement conditions and
				  documentation.
(d)
				  Remedies.
(e) Insurance and
				  inspection requirements.
(f) Record
				  retention and reporting requirements.
(g) Prevailing wage requirements as
				  applicable.
1. New
					 section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code
					 section 11343.4 (Register 2008, No. 49).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: Sections 50843.5 and 53545.9(c), 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 2.5 - Local Housing Trust Fund Program › Section 7160 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Not later than October 1 of each year a Grantee shall
					 provide to the Department an annual report, in a format specified by the
					 Department, containing the following information:
(a) A narrative summary of the Local Housing
				  Trust Fund activities including:
(1) Work
				  undertaken or completed in the reporting period, including the number, type and
				  size of Eligible Projects receiving the proceeds of Program Funds.
(2) Activities planned to be undertaken in
				  the next reporting period.
(3)
				  Description of problems encountered in Program implementation; and a
				  description of solution and timing of solution.
(4) Description of how problems may impact
				  ability to complete or fulfill obligations under the standard
				  agreement.
(5) Description of any
				  technical assistance desired from 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 3 - Farmworker Housing Grant Program › Article 1 - General › Section 7200 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations set forth the policies and procedures
						governing the management and use of the Joe Serna, Jr. Farmworker Housing Grant
						Fund established by Section 50517.5 of the California Health and Safety
						Code.
1.
						Repealer of Subchapter 3 (Sections 7200-7242) and new Subchapter 3 (Sections
						7200-7242 not consecutive) filed as an emergency 7-1-80; effective upon filing
						Certificate of Compliance included (Register 80, No. 27).
2.
						Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Government
						Code Section 11346.2(d) (Register 83, No. 7).
3. New article 1
						heading and amendment of section heading and section filed 4-2-2008; operative
						5-2-2008 (Register 2008, No. 14).
Note: Authority cited: Sections 50402 and 50406, Health
						  and Safety Code. Reference: Section 50517.5, 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 3 - Farmworker Housing Grant Program › Article 1 - General › Section 7201 - Uniform Multifamily Underwriting and Program Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following sections of title 25,
					 Division 1, Chapter 7, Subchapter 19 are hereby incorporated by reference into
					 this subchapter and shall apply to rental housing developments receiving
					 assistance from the Fund.
(1) Section 8302.
					 Restrictions on Demolition;
(2)
					 Section 8303. Site Control Requirements.
(3) Section 8304. Unit Standards;
(4) Section 8305. Tenant Selection;
(5) Section 8306. Tenant Recertification and
					 Unit Mix Maintenance;
(6) Section
					 8307. Rental Agreement and Grievance Procedure;
(7) Section 8310. Underwriting
					 Standards;
(8) Section 8311. Limits
					 on Development Costs;
(9) Section
					 8312. Developer Fee.
(10) Section
					 8313. Reserved.
(11) Section 8314.
					 Use of Operating Cash Flow.
(12)
					 Section 8315. Subordination Policy.
(13) Section 8316. Leasehold
					 Security.
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 3 - Farmworker Housing Grant Program › Article 1 - General › Section 7202 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions found in Chapter 2
						(commencing with Section 50050), of Part 1 of Division 1 of the Health and
						Safety Code, the following definitions and, for rental housing developments
						only, those found in the Uniform Multifamily Regulations ("UMRs") (Chapter 7,
						subchapter 19, Section 8301), shall apply to this subchapter. In the event of a
						conflict between the following definitions and those found in the UMRs, the
						following definitions prevail for the purpose of this subchapter. References to
						code sections refer to sections of these regulations unless otherwise
						noted:
(a) "Agricultural employment"
					 means employed in the cultivation and tillage of the soil; the production,
					 cultivation, growing and harvesting of any agricultural or horticultural
					 commodities; the raising of livestock, bees, furbearing animals, or poultry;
					 dairying, forestry, and lumbering operations; and any work on a farm as
					 incident to or in conjunction with such farming operations, including the
					 delivery and preparation of commodities for market or storage.
(b) "Agricultural household" means an
					 agricultural worker or workers and other persons who reside or will reside with
					 an agricultural worker in an assisted unit.
(c) "Agricultural worker" means an individual
					 who derives or prior to retirement or disability derived a substantial portion
					 of his/her income from agricultural employment.
(d) "Applicant" means an organization that
					 applies for a loan and/or grant from the Fund.
(e) "Assistance" means a loan and/or grant
					 provided from the Fund to an applicant, or a grant made directly to an
					 agricultural worker.
(f) "Assisted
					 unit" means a residential housing unit that is purchased, developed or
					 rehabilitated with assistance from the Fund and is subject to the occupancy,
					 resale, or rent restrictions imposed by this Subchapter.
(g) "Award" means a commitment of money from
					 the Fund in the form of a grant or a loan that is made to a recipient by the
					 Department.
(h) "Borrower" means an
					 eligible organization that has applied for, or has received approval for, a
					 loan from the Fund. The term "borrower" shall include successors in interest
					 and assignees of a borrower.
(i)
					 "CalHFA" means the California Housing Finance Agency.
(j) "Cash investments" include but are not
					 limited to:
(1) Recipient's cash
					 contribution;
(2) Private financial
					 assistance;
(3) Local public entity
					 financial assistance;
(4) State
					 financial assistance from programs other than the Fund;
(5) Federal government financial
					 assistance.
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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7204 - Project Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Program funds may only be expended for housing
						developments that meet the following criteria:
(a) The housing development must contain
					 assisted units to be occupied by agricultural households.
(b) To the greatest extent possible, assisted
					 units are to be occupied by lower-income agricultural households.
(c) To the greatest extent possible, any
					 non-assisted units are to be occupied by agricultural households.
(d) Assisted units in a rental housing
					 development required to be made available to lower-income households pursuant
					 to Section 7209 are to be made available at affordable rents as defined in
					 Health and Safety Code Section 50053.
(e) When grant funds are to be used for
					 homeownership purposes, assisted units shall be newly constructed, and are to
					 be made available to lower-income households at a total monthly housing cost
					 not to exceed 35% of monthly net income.
(1)
					 An eligible household's monthly housing costs may exceed 35% of monthly net
					 income if all of the following conditions are satisfied:
(A) the proposed housing costs are
					 approximately the same as the present housing costs of the household,
					 and
(B) a satisfactory credit
					 record has been maintained by the households, and
(C) the household has demonstrated an ability
					 to sustain its present housing expense without serious
					 difficulty.
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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7205 - Applicant Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible to apply for funding, the
					 applicant shall be a local public entity, nonprofit corporation, limited
					 liability company, or limited partnership. In the case of a nonprofit
					 corporation, limited liability company, or limited partnership, the applicant
					 shall demonstrate to the department's satisfaction that the applicant is
					 independent from any direction of, or control by, a for-profit entity and shall
					 meet the requirements of Section 7205.1.
(b) To be eligible to receive funding, the
					 applicant shall demonstrate to the Department's satisfaction that:
(1) It has the ability to timely proceed with
					 the construction or rehabilitation of the development or program upon
					 commitment of Program funds; and
(2) It has sufficient experience and
					 organizational capacity to carry out the activity for which Program funds are
					 being requested. In the case of a rental housing development, the applicant
					 shall have:
(A) Successfully developed and
					 owned a minimum of one rental housing project; and/or
(B) Have a staff with demonstrated experience
					 in developing and owning a minimum of one rental housing project.
(C) Have a staff with demonstrated experience
					 in managing a rental housing development occupied primarily by agricultural
					 workers and their families.
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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7205.2 - Nonprofit Corporation Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For all applicants, where a nonprofit corporation is part
						of the ownership structure, the involved nonprofit corporation shall meet the
						following requirements:
(a) The
					 articles and by laws shall clearly demonstrate that the corporation's
					 authorized mission includes the provision of affordable or low-income
					 housing.
(b) Any fees earned as a
					 general partner shall remain with the corporation. No fees shall be assigned to
					 a for-profit organization.
(c) The
					 partnership agreement shall be structured to permit the nonprofit corporation
					 to eventually purchase the rental housing development.
1. New
						section filed 4-2-2008; operative 5-2-2008 (Register 2008, No.
						14).
Note: Authority cited: Sections 50406 and 50517.5,
						  Health and Safety Code. Reference: Section 50517.5, 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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7205.3 - Agricultural Employee Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible to receive a grant for
					 purchase of a newly constructed home, or rehabilitation of an existing home, an
					 Agricultural Employee shall be a participant in the program described in
					 Section 7205 subsection (c).
(b) To
					 be eligible to receive a grant for the purchase of a Manufactured Home, an
					 Agricultural Employee shall demonstrate that he or she has been displaced, or
					 is facing displacement, from existing labor camps, mobilehome parks, or other
					 housing due to governmental actions to enforce health and safety laws
					 including, but not limited to the Mobilehome Parks Act and the Employee Housing
					 Act.
1. New
						section filed 4-2-2008; operative 5-2-2008 (Register 2008, No.
						14).
Note: Authority cited: Sections 50406 and 50517.5,
						  Health and Safety Code. Reference: Section 50517.5, 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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7206 - Eligible Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subject to all applicable requirements of this
						subchapter, Program funds may be used for the following activities:
(a) Rehabilitation, acquisition and
					 rehabilitation, or construction of a Rental Housing Development.
(b) Single-family new construction in which
					 the ultimate Grantees are participants. Title to the development property may
					 be held in the name of the recipient until completion of construction of the
					 individual home, or title to the development property may be transferred to a
					 Grantee prior to or during construction. Development may be on contiguous lots
					 or on scattered sites.
(c)
					 Owner-occupied rehabilitation.
(d)
					 Acquisition of Manufactured Homes not installed on permanent foundations as
					 part of a program to address and remedy the impacts of current and potential
					 displacement of farmworker families from existing labor camps, mobilehome
					 parks, or other housing.
(e)
					 Migrant farmworker assistance as permitted under subdivision (c) of Section
					 50517.10 of the Health and Safety Code.
1.
						Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Government
						Code Section 11346.2(d) (Register 83, No. 7).
2. Renumbering of
						former section 7206 to section 7209.5 and new section 7206 filed 4-2-2008;
						operative 5-2-2008 (Register 2008, No. 14).
Note: Authority cited: Sections 50406 and 50517.5,
						  Health and Safety Code. Reference: Sections 50517.5 and 50517.10, 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 3 - Farmworker Housing Grant Program › Article 2 - Program Requirements › Section 7207 - Site Control Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a Rental Housing Development, at the
					 time of Application the Applicant shall have site control pursuant to Section
					 8303.
(b) For a single-family
					 Project, at the time of Application, the Applicant shall have site control
					 pursuant to either subsection (a), (c), (d), (e), or (f) of Section 8303, or
					 pursuant to a ground lease. If the project will be on a lease, the terms and
					 conditions of the proposed lease shall permit the lessee to make improvements
					 on and encumber the property, and permit compliance with all requirements of
					 this subchapter.
(c) Grants by the
					 department to individual Agricultural Workers shall not be disbursed unless and
					 until the Agricultural Worker is the fee owner of the real property, the lessee
					 under a lease, or, in the case of a Manufactured Home not on a permanent
					 foundation, is the registered owner.
1. New
						section filed 4-2-2008; operative 5-2-2008 (Register 2008, No.
						14).
Note: Authority cited: Sections 50406 and 50517.5,
						  Health and Safety Code. Reference: Section 50517.5, Health and Safety
						  Code.