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 15 - Rental Housing Construction Program-Proposition 84 › Article 2 - Program Requirements › Section 8088 - Rent Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall establish initial
					 rents for assisted units in each project in accordance with the tables in
					 section 6932 and the following:
(1) At the
					 time of the initial occupancy of a unit, rents for very low-income units, and
					 for units in residential hotels and group homes, shall not exceed 30 percent of
					 35 percent of area median income, divided by 12, adjusted by unit size pursuant
					 to subdivision (a)(3), and with an allowance for utility costs pursuant to
					 subdivision (a)(4). The unit size adjustment in subdivision (a)(3) is employed
					 by identifying the size of the unit for which rent must be determined and
					 reading across to determine the applicable household size for that unit. Area
					 median income is determined by selecting from the tables provided in section
					 6932 for the county in which the unit is located, the amount of income provided
					 as the very low-income standard for the "number of persons in the family,"
					 which equates with the "applicable household size" identified in subdivision
					 (a)(3).
(2) Except for residential
					 hotel units and rooms in group homes, at the time of the initial occupancy of a
					 unit, rents for lower-income units shall not exceed 30 percent of 60 percent of
					 area median income, divided by 12, adjusted by unit size pursuant to
					 subdivision (a)(3), and with an allowance for utility costs pursuant to
					 subdivision (a)(4). The unit size adjustment in subdivision (a)(3) is employed
					 by identifying the size of the unit for which rent must be determined and
					 reading across to determine the applicable household size for that unit. Area
					 median income is determined by selecting from the tables provided in section
					 6932 for the county in which the unit is located, the amount of income provided
					 as the lower-income standard for the "number of persons in the family," which
					 equates with the "applicable household size" identified in subdivision
					 (a)(3).
(3) Maximum rent calculated
					 pursuant to (a)(1) and (a)(2) above shall be adjusted by unit size as follows:
Unit Size
Applicable Household Size to Determine Rent
								Limit
residential hotel unit or 0
								bedroom
1 person
group home bedroom with one
								occupant
1 person
group home bedroom with two
								occupants
1 person
(Maximum
								rent shall be twice the maximum rent for bedrooms with one occupant.)
1 bedroom
2
								persons
2 bedrooms
3 persons
3 bedrooms
4 persons
4 bedrooms
6 persons
5 bedrooms
8 persons
(4) The maximum rent to be charged to tenants
					 shall be determined by deducting from the maximum amounts calculated pursuant
					 to (a)(1), (a)(2) and (a)(3) a utility allowance for the appropriate unit size.
					 Where a tenant does not directly pay for utilities, the utility allowance
					 deduction shall be zero. The utility allowance shall be the allowance for
					 monthly utility costs made or approved by the U.S. Department of Housing and
					 Urban Development pursuant to 24 CFR section 813.102. In order to obtain the
					 current utility allowances for cities and unincorporated areas located in the
					 following counties, please contact the Department of Housing and Community
					 Development, Attention: Housing Assistance Program, Post Office Box 952054,
					 Sacramento, CA 95252-2054 or phone (916) 324-7696:
Amador
Modoc
Calaveras
Mono
Colusa
Nevada
El Dorado
Placer
Glenn
Sierra
Inyo
Siskiyou
Lassen
Trinity
Lake
Tuolumne
Mendocino
Utility allowances for the balance of cities and
						unincorporated areas in California not located in the above noted counties may
						be obtained by contacting the Housing Authority established for that county
						pursuant to section 34240 of the Health and Safety Code.
(5) Upon demonstration by the sponsor that
					 the amount of utility costs per unit anticipated for the proposed project
					 differs from the amount of the utility allowance per unit derived pursuant to
					 the preceding subdivision, the department shall allow as a utility allowance
					 use of the utility cost per unit demonstrated by the sponsor. The demonstration
					 by the sponsor shall consist of the submittal of actual utility usage cost data
					 per unit for an existing project constructed within the last five years; of the
					 same type of construction as the proposed project; and with the same type of
					 tenant population as the proposed project.
(6) 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 or any comparable federal or state rental assistance
					 program.