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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7302 - Eligible Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed Projects are eligible only if:
(a) the Project includes the new construction
					 or Rehabilitation of a Rental Housing Development or conversion of a
					 nonresidential structure to a Rental Housing Development; for purposes of
					 calculating Program loan amounts and for the purpose of determining compliance
					 with Program requirements that a Rental Housing Development contain 5 or more
					 Units, a single-family house is considered to be one Unit, and an apartment
					 Unit in an apartment building is considered to be one Unit regardless of the
					 number of bedrooms within the apartment Unit;
(b) other development funding sources are
					 insufficient to cover Project development costs; and
(c) at the time of the application due date,
					 the construction or Rehabilitation work has not commenced, except for emergency
					 repairs to existing structures required to eliminate hazards or threats to
					 health and safety.
1. New
						article 2 (sections 7302-7316) and section filed 1-8-2002; operative 1-8-2002
						pursuant to Government Code section 11343.4 (Register 2002, No.
						2).
2. Amendment filed 9-29-2003; operative 9-29-2003 pursuant to
						Government Code section 11343.4 (Register 2003, No.
						40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.2(d), 50675.4
						  and 50675.7, 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7303 - 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 liability corporation, local public
					 entity, duly constituted governing body of an Indian reservation or rancheria,
					 or other legal entity, or any combination thereof which meets the requirements
					 of subsection (c), below.
(b) A
					 Sponsor shall be organized on a for-profit, including limited profit, or
					 nonprofit basis.
(c) In order to be
					 eligible for funding, a Sponsor must demonstrate experience relevant to owning
					 and developing affordable rental housing through one or more of the following:
(1) successful prior ownership and
					 development of affordable rental housing;
(2) employment of a staff with demonstrated
					 experience owning and developing affordable rental housing.
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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7304 - Eligible Uses of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Funds shall be used only for approved eligible costs that are incurred on the
					 Project as set forth in this section, including the Refinance of interim loans
					 used to pay such costs. In addition, the costs must be necessary and must be
					 consistent with the lowest reasonable cost consistent with the Project's scope
					 and area as determined by the Department.
(b) Eligible costs include the following:
(1) property acquisition;
(2) refinancing of existing long-term debt,
					 only in connection with a Project involving Substantial Rehabilitation, and
					 only to the extent necessary to reduce debt service to a level consistent with
					 the provision of Affordable Rents in Assisted Units and with the Fiscal
					 Integrity of the Project;
(3) land
					 lease payments;
(4) construction
					 and Rehabilitation work;
(5)
					 off-site improvements, such as sewers, utilities and streets, directly related
					 to, and required by the Rental Housing Development;
(6) on-site improvements related to the
					 Rental Housing Development;
(7)
					 architectural, appraisal, engineering, legal and other consulting costs and
					 fees, which are directly related to the planning and execution of the Project
					 and which are incurred through third-party contracts;
(8) development costs of a residential Unit
					 reserved for an on-site manager, childcare facilities, and after-school care
					 and social service facilities integrally linked to, and addressing the needs of
					 the tenants of the Assisted Units;
(9) a reasonable developer fee subject to the
					 provisions of Section 8312 of this title;
(10) Rent-Up Costs;
(11) carrying costs during construction,
					 including insurance, construction financing fees and interest, taxes, and any
					 other expenses necessary to hold the property while the Rental Housing
					 Development is under construction;
(12) building permits and state and local
					 fees;
(13) capitalized operating
					 and capitalized replacement reserves up to the amount of the initial deposit
					 required by the Department pursuant to Sections 8308(b) and 8309(b) of this
					 title.
(14) escrow, title
					 insurance, recording and other related costs;
(15) costs for items intended to assure the
					 completion of construction, such as contractor bond premiums;
(16) environmental hazard reports, surveys,
					 and investigations;
(17) costs of
					 relocation benefits and assistance required by law; and
(18) any other costs of Rehabilitation or new
					 construction approved by 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7305 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Repealer and reservation of
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.2(c),
						  50675.4(c)(1) and 50675.5(b)(8), 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7306 - Type and Term of Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Program funds shall be used for post-construction, permanent financing only,
					 except under an agreement with California Housing Finance Agency to provide
					 construction period financing to eligible Projects receiving financing from
					 both California Housing Finance Agency and the Program.
(b) The initial term of the loan shall be 55
					 years, commencing on the date of recordation of the Program loan
					 documents.
(c) Upon request by the
					 Sponsor, the Department may approve a 10-year extension of the loan term if the
					 Department determines both of the following are met:
(1) The Sponsor is in compliance with the
					 Regulatory Agreement and other Program loan documents 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7307 - Maximum Loan Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The loan amount shall not exceed the total eligible costs required, when
					 considered with other available financing and assistance, in order to:
(1) enable the acquisition, development and
					 construction or Rehabilitation of the Rental Housing Development;
(2) ensure that Rents for Assisted Units
					 comply with Program requirements; and
(3) 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7308 - Interest Rate and Loan Repayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans shall bear simple interest of 3%
					 per annum on the unpaid principal balance. Interest shall accrue from the date
					 that funds are disbursed by the Department to or on behalf of the
					 Sponsor.
(b) For the first 30 years
					 of the loan term, payments in the amount of 0.42% of the outstanding principal
					 loan balance shall be payable to the Department commencing on the last day of
					 the Initial Operating Year and continuing on each anniversary date thereafter.
					 The balance of accrued interest shall be payable out of Operating Income
					 remaining after payment of approved Operating Expenses, debt service on other
					 loans, reserve deposits, and Sponsor Distributions. Commencing on the 30th
					 anniversary of the last day of the Initial Operating Year, interest shall be
					 payable in an amount equal to the lesser of:
(1) the full amount of interest accruing on
					 the outstanding principal loan amount; or
(2) the amount determined by the Department
					 to be necessary to cover the costs of continued monitoring of the Project for
					 compliance with the requirements of the Program. HUD Section 811 and 202
					 projects will be subject to the requirements of this
					 subsection.
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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7309 - Appraisal and Market Study Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition of funding, the Department
					 may require an appraisal or market study, or both, to:
(1) establish a market value for the land to
					 be purchased or leased as part of the Project for purposes of evaluating the
					 reasonableness of the purchase price or lease terms pursuant to Section
					 7304;
(2) assist with establishing
					 other reasonable development costs pursuant to Section 7304;
(3) assess Fiscal Integrity;
(4) verify an adequate tenant
					 market.
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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7310 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Repealer and reservation of
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.1(c),
						  50675.2(b) and 50675.7, 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7311 - Over-Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, at the time of recertification, a
					 tenant household's income exceeds the limit for an income level applicable to
					 new tenants that is greater than the income limit designated for the household,
					 and, to the extent a rent increase for the household is permitted by statutes
					 and regulations governing the low income housing tax credit program, the
					 Sponsor:
(1) shall redesignate the tenant's
					 Unit as a Unit at the higher income level;
(2) shall increase the tenant's Rent to the
					 level applicable to Units at the higher income level; and
(3) shall designate the next available
					 comparable Unit as a Unit at the income level originally applicable to the
					 household unit the Unit mix required by the Program regulatory agreement is
					 achieved. A Unit shall be deemed "comparable" if it has the same number of
					 bedrooms as the original Unit.
For example, in a Project where the income limits
						utilized to qualify new tenants are 20%, 40% and 50% of Area Median Income, if
						the income of a household occupying a Unit designated as a 20% Unit increases
						to 48% of Area Median Income, the Sponsor must redesignate the household's Unit
						as a Unit at the 50% level, increase the tenant's Rent to the level applicable
						to Units at the 50% level, and designate the next available comparable Unit as
						a Unit at the 20% income level.
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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7313 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Repealer and reservation of
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.1(c), 50675.5
						  and 50675.8(a)(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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7314 - Limits on Design Features

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except where required to secure local government
						approvals essential to completion of the Project, or where necessary to receive
						tax credits for historic preservation, costs associated with the following
						items are ineligible for funding with Program loan proceeds, and cannot be paid
						for from syndication proceeds or loans supported by Rents from Assisted
						Units:
(a) building and roof shapes,
					 ornamentation and exterior finish schemes whose costs are in excess of the
					 typical costs of these features in modestly designed rental housing;
(b) fireplaces, tennis courts, and similar
					 amenities not typically found in modestly designed rental housing;
					 and
(c) custom-made windows,
					 ceramic tile floors and counters, hardwood floors, and similar features using
					 materials not typically found in modestly designed rental housing, except where
					 such materials have lower lifecycle costs due to lower operating, maintenance
					 and replacement costs.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Amendment of section heading and
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.5 and
						  50675.7(b), 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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7315 - Relocation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Sponsor of a Project resulting in
					 displacement of residential tenants shall be solely responsible for providing
					 the assistance and benefits set forth in this section and in applicable state
					 and federal law, and shall agree to indemnify and hold harmless the Department
					 from any liabilities or claims for relocation-related costs.
(b) All tenants of a property who are
					 displaced as a direct result of the development of a Project shall be entitled
					 to relocation benefits and assistance as provided in Title 1, Division 7,
					 Chapter 16 of the Government Code, commencing at Section 7260, and Subchapter 1
					 of Chapter 6 of Title 25 of the California Code of Regulations, commencing at
					 Section 6000. Displaced tenants who are not replaced with Eligible Households
					 under this Program shall be provided relocation benefits and assistance from
					 funds other than Program funds.
(c)
					 The Sponsor shall prepare a relocation plan in conformance with the provisions
					 of California Code of Regulations, Title 25, Section 6038. The relocation plan
					 shall be subject to the review and approval by the Department prior to the
					 disbursement of Program funds.
(d)
					 All Eligible Households who are temporarily displaced as a direct result of the
					 development of the Project shall be entitled, upon initial occupancy of the
					 Rental Housing Development, to occupy Assisted Units meeting the tenant
					 occupancy standards set forth in Section 8305 of this title.
(e) All in-Eligible Households who are
					 temporarily displaced as a direct result of the development of the Project
					 shall be entitled, upon initial occupancy of the Rental Housing Development, to
					 occupy any available non-Assisted Units for which they qualify.
(f) Notwithstanding the preceding
					 subsections, tenants who are notified in writing prior to their occupancy of an
					 existing Unit that the Unit may be demolished as a result of funding provided
					 under the Program shall not be eligible for relocation benefits and assistance
					 under this section. The form of any notices used for this purpose shall be
					 subject to Department approval.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Amendment of subsection (d) filed
						9-29-2003; operative 9-29-2003 pursuant to Government Code section 11343.4
						(Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Government Code, Title 1,
						  Division 7, Chapter 16 (commencing with Section
						  7260).
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 4 - Multifamily Housing Program › Article 2 - Program Requirements › Section 7316 - Construction Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may review Project plans
					 and specifications to ensure the following objectives:
(1) Maintenance, repair, and replacement
					 costs shall be minimized during the useful life of the Rental Housing
					 Development through use of durable, low maintenance materials and equipment and
					 design features that minimize wear and tear.
(2) Operating costs shall be minimized during
					 the useful life of the Rental Housing Development.
(3) Tenant security shall be enhanced through
					 features such as those designed to prevent or discourage unauthorized access
					 and to allow for ready monitoring of public areas.
(4) Unit sizes, amenities, and general design
					 features shall not exceed the standard for new developments rented at or below
					 the market rent in the area of the Project, and Unit density shall not be
					 substantially less than the average for new developments with such
					 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 4 - Multifamily Housing Program › Article 3 - Application Procedures › Section 7317 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Department shall periodically issue a Notice of Funding Availability (NOFA)
					 that specifies, among other things, the amount of funds available, application
					 requirements, the allocation of rating points, minimum eligibility threshold
					 point scores, the deadline for submittal of applications, the schedule for
					 rating and ranking applications and awarding funds, and the general terms and
					 conditions of funding commitments. A NOFA may declare as ineligible those
					 Project applications for which the Department has issued, or concurrently will
					 issue, a special NOFA pursuant to subsection (c)(4), below.
(b) Applications selected for funding shall
					 be approved at loan amounts, terms, and conditions specified by the Department.
					 For each Project selected for funding, the Department shall issue an award
					 letter and a conditional loan commitment.
(c) In order to implement goals and purposes
					 of the Program, the Department may adopt measures to direct funding awards to
					 designated Project types including, but not limited to, Rural Area Projects,
					 Projects located in areas needing additional funding to achieve a reasonable
					 geographic distribution of Program funds, Projects preserving continued
					 affordability, and Projects with specified funding characteristics, including,
					 but not limited to, Projects receiving an award of tax credits from TCAC. These
					 measures may include, but are not limited to:
(1) Issuing a special NOFA for designated
					 Project types.
(2) Awarding bonus
					 points within a particular NOFA to designated Project types.
(3) Reserving a portion of funds in the NOFA
					 for designated Project types.
(4)
					 Notwithstanding anything in these regulations to the contrary, a special NOFA
					 issued pursuant to this subsection may establish an over-the-counter
					 application process, meaning the Department continuously accepts and rates
					 applications according to minimum threshold criteria published in a NOFA for
					 the process, and makes loans to Projects that meet or exceed these criteria
					 until the funding available for the process is exhausted. At a minimum, a
					 special NOFA shall include a description of the application process and funding
					 conditions, shall require compliance with Section 7320(a), and shall establish
					 minimum funding threshold criteria based on the rating criteria set forth in
					 Section 7320(b).
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 4 - Multifamily Housing Program › Article 3 - Application Procedures › Section 7318 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application shall be made on a form made
					 available by the Department requesting the information required by Multifamily
					 Housing Program Regulations.
(b) An
					 application shall be deemed complete when the Department is able to review the
					 application and assess the proposed Project's feasibility pursuant to Section
					 8310 of this title and to determine from the information provided whether the
					 Project is eligible for rating and ranking pursuant to Section 7320.
(c) Submission of an application by the
					 applicant and a co-applicant must be authorized by resolutions of the governing
					 boards of both the applicant and co-applicant, unless the applicants are
					 individuals.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Amendment of subsection (b) filed
						9-29-2003; operative 9-29-2003 pursuant to Government Code section 11343.4
						(Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.6 and 50675.7,
						  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 4 - Multifamily Housing Program › Article 3 - Application Procedures › Section 7319 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Repealer and reservation of
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Section 50675.7, 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 4 - Multifamily Housing Program › Article 3 - Application Procedures › Section 7320 - Project Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Projects shall not be eligible for an
					 award of funds unless the application demonstrates that all of the following
					 conditions exist:
(1) The applicant is an
					 eligible Sponsor pursuant to Section 7303;
(2) The Project involves an eligible Project
					 pursuant to Section 7302;
(3) All
					 proposed uses of Program funds are eligible pursuant to Section 7304;
(4) The application is complete pursuant to
					 Section 7318;
(5) The Project will
					 maintain Fiscal Integrity consistent with proposed Rents in the Assisted Units
					 and is feasible pursuant to Section 8310 of this title;
(6) The Project site is free from severe
					 adverse environmental conditions, such as the presence of toxic waste that is
					 economically infeasible to remove and that cannot be mitigated;
(7) The Project site is reasonably accessible
					 to public transportation, shopping, medical services, recreation, schools, and
					 employment in relation to the needs of the Project tenants;
(8) In Projects targeting Special Needs
					 Populations, the Project will provide services suitable to the needs of the
					 tenants, and the application demonstrates a specific, feasible plan for
					 delivery and funding of those services including identification of service
					 partners and funding sources; and
(9) The Project complies with the
					 requirements of Sections 8302 and 8303 of this title.
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 4 - Multifamily Housing Program › Article 4 - Program Operations › Section 7321 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the award of Program funds to a
					 Project, the Department shall enter into one or more agreements with the
					 Sponsor, which may be in the form of a conditional commitment letter issued by
					 the Department and accepted by the Sponsor, which shall commit monies from the
					 Fund in an amount sufficient to fund the approved loan amount. The agreement or
					 agreements shall contain the following:
(1) a
					 description of the approved Project and the permitted uses of Program
					 funds;
(2) the amount and terms of
					 the loan;
(3) the regulatory
					 restrictions to be applied to the Project through the Regulatory
					 Agreement;
(4) provisions governing
					 the construction work and, as applicable, the acquisition of the Project site,
					 and the disbursement of loan proceeds;
(5) special conditions imposed as part of
					 Department approval of the Project;
(6) requirements for the execution and 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) the approved schedule
					 of the Project, including land acquisition if any, commencement and completion
					 of construction or Rehabilitation work, and occupancy by Eligible
					 Households;
(10) the approved
					 Project development budget and sources and uses of funds and
					 financing;
(11) requirements for
					 reporting to the Department;
(12)
					 terms and conditions for the inspection and monitoring of the Project in order
					 to verify compliance with the requirements of the Program;
(13) provisions regarding tenant
					 relocation;
(14) provisions
					 relating to the erection and placement on or in the vicinity of the Project
					 site a sign indicating that the Department has provided financing for the
					 Project. The Department may also arrange for publicity of the Program loan in
					 its sole discretion; and
(15) other
					 provisions necessary to ensure compliance with the requirements of the
					 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 4 - Multifamily Housing Program › Article 4 - Program Operations › Section 7322 - 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 the 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 4 - Multifamily Housing Program › Article 4 - Program Operations › Section 7323 - 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
					 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(s) 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 amounts 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
					 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 4 - Multifamily Housing Program › Article 4 - Program Operations › Section 7325 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than 90 days after the end of each Project
						fiscal year, the Sponsor shall submit an independent audit of the Rental
						Housing Development prepared by a certified public accountant in accordance
						with Department audit requirements, as specified in the Department's Rental
						Housing Construction Program Information Memorandum dated August 14, 1995, as
						periodically updated and incorporated by reference. Upon a determination that
						the cost of meeting this requirement exceeds the potential benefits from it to
						the Department and to the tenants of the Rental Housing Development, the
						Department may:
(a) reduce the
					 required frequency of the audit;
(b) accept an audited financial statement in
					 lieu of the audit; or
(c) waive
					 this requirement completely.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.1 and 50675.8,
						  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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7327 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article 5
					 governs Program loans designated as Rent Write-Down (RWD) loans for the purpose
					 of lowering income limits and corresponding Rent levels for Low Income Housing
					 Tax Credit Program Projects that are otherwise feasible without the use of
					 Program funds.
(b) This article
					 will govern the award, terms, conditions and uses of RWD loans only. Except
					 where specifically noted the provisions of Articles 1, 2, 3 and 4 do not govern
					 RWD loans
1. New
						article 5 (sections 7327-7336) and section filed 1-8-2002; operative 1-8-2002
						pursuant to Government Code section 11343.4 (Register 2002, No.
						2).
Note: Authority cited: Sections 50406(n), 50675.1, and
						  50675.11, Health and Safety Code. Reference: Sections 50675.2(c),
						  50675.4(c)(1), and 50675.5(b)(8), 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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7328 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
2. Repealer and reservation of
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675, 50675.1(c) and
						  50675.2, 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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7329 - Eligibility for RWD Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to receive an RWD loan, the
					 Project must:
(1) have received an award of
					 9% or 4% tax credits from TCAC;
(2)
					 include the new construction or Rehabilitation of a Rental Housing Development,
					 or conversion of a nonresidential structure to a Rental Housing
					 Development;
(3) have sufficient
					 financing and funding commitments to demonstrate that the Project is feasible
					 at marketable rents without the use of Program funds;
(4) not receive other funds from the Program;
					 and
(5) not have completed
					 construction at the time of the award of Program funds, as evidenced by the
					 lack of a recorded notice of completion or comparable indicator of construction
					 status.
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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7330 - Amounts and Terms for RWD Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) RWD loan amounts shall be limited to the
					 sum of a base amount per Assisted Unit plus the amount required to:
(1) reduce Rents from the rent structure for
					 Assisted Units that would apply without RWD assistance to the proposed
					 restricted Rents for Assisted Units, by either substituting Program funds for
					 amortized debt or capitalizing a rent subsidy reserve; and
(2) preserve Project cash flow at the level
					 that would be generated without participation in the RWD program.
The initial base amount shall be $3,000. The Department
						may periodically adjust the base amount to equal the lowest amount necessary to
						ensure sufficient demand for Program funds, taking into account factors such as
						the previous demand for RWD funds and the total amount of Program funds
						available for award under the RWD component.
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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7332 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Department may issue a NOFA limited to RWD loans and as authorized by
					 Section 7317(c)(4). The NOFA shall specify the amount of RWD funds available,
					 the period during which loan applications may be accepted and the specific
					 requirements of the RWD loan application. The NOFA may establish a minimum
					 point total for rating Projects pursuant to the criteria set forth in Section
					 7320(b) or similar TCAC criteria, and may provide that Projects meeting or
					 exceeding that minimum score may be eligible for funding so long as funds are
					 available.
(b) Projects shall not
					 be eligible for an award of funds unless the application demonstrates that all
					 of the following conditions exist:
(1) The
					 application meets the eligibility requirements pursuant to Section 7329;
					 and
(2) The application is
					 complete. Applications shall be deemed complete when the Department is able to
					 assess that the Project is eligible pursuant to Section 7329 and to rate the
					 Project pursuant to Section 7332(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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7333 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions of Section 7321(a) shall
					 apply to loans made under this article.
(b) The Department shall enter into a
					 Regulatory Agreement with the Sponsor for not less than the original term of
					 the loan that shall be recorded against the Project property title prior to the
					 disbursement of funds. The Regulatory Agreement shall include, but not be
					 limited to, the following:
(1) the number,
					 type and income level of Assisted Units pursuant to Section 7331;
(2) provisions related to a management plan
					 pursuant to Section 7324;
(3)
					 provisions related to a Rent schedule, including initial Rent levels for
					 Assisted Units and non-Assisted Units pursuant to subsections (a) and (b) of
					 Section 7331;
(4) conditions and
					 procedures for permitting Rent increases;
(5) provisions relating to annual reports,
					 inspections and independent audits pursuant to Section 7325;
(6) provisions regarding the deposit and
					 withdrawal of funds to and from reserve accounts;
(7) assurances that the Rental Housing
					 Development will be maintained in a safe and sanitary condition in compliance
					 with state and local housing codes and the management plan, pursuant to Section
					 7324;
(8) description of the
					 conditions constituting breach of the Regulatory Agreement and remedies
					 available to the parties thereto;
(9) provisions governing use and operation of
					 non-Assisted Units and common areas to the extent necessary to ensure
					 compliance with Program requirements;
(10) provisions relating to enforcement of
					 Program requirements by tenants;
(11) special conditions of loan approval
					 imposed by the Department;
(12)
					 provisions specifying that the Regulatory Agreement shall be binding on all
					 assigns and successors in interest of the Sponsor and that all sales,
					 transfers, and encumbrances shall be subject to Section 7322;
(13) for Projects serving Special Needs
					 Populations and/or providing services to the general tenant population,
					 provisions regarding the implementation and maintenance of services and
					 facilities for the targeted Special Needs Population group and/or general
					 tenant population; and
(14) other
					 provisions necessary to assure compliance with the requirements of the
					 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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7334 - Sales, Transfers, Encumbrances, Defaults, and Cancellations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) the provisions of Sections 7322 and 7323
					 shall apply to this article.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.1(c), 50675.8
						  and 50675.10, 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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7335 - Management and Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) the provisions of Section 7324 shall
					 apply to this article.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11, Health and Safety Code. Reference: Sections 50675.1(c) and
						  50675.8, 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 4 - Multifamily Housing Program › Article 5 - Rent Write-down Loans › Section 7336 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) the provisions
					 of Section 7325 shall apply to this article.
1. New
						section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section
						11343.4 (Register 2002, No. 2).
Note: Authority cited: Sections 50406(n), 50675.1(c)
						  and 50675.11 Health and Safety Code. Reference: Sections 50675.1(c) and
						  50675.8, 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 4 - Multifamily Housing Program › Article 6 - Supportive Housing Loans › Section 7340 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article 6
					 governs Projects funded pursuant to Health and Safety Code Sections 50675.14
					 and 53533(a)(3) for the purpose of providing loans to supportive housing
					 Projects.
(b) The provisions of
					 Articles 1, 2, 3 and 4 of this subchapter 4 apply to assistance made available
					 pursuant to this Article 6 except as modified herein.
1. New
						article 6 (sections 7340-7347) and section filed 4-14-2005; operative 5-14-2005
						(Register 2005, No. 15).
Note: Authority cited: Sections 50406(n), 50675.1(c),
						  50675.11, 50675.14(c) and 53533(a)(3), Health and Safety Code. Reference:
						  Sections 50675, 50675.14 and 53533(a)(3), Health and Safety
						  Code.