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 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8213 - Conditional Reservation of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will rate, rank and issue
					 conditional reservations of funds for applications based on its review of all
					 of the eligible activities for which funds are requested in the application.
					 Rating scores for each of the factors set forth in Section 8212(b), (c) and (d)
					 will be totaled by the Department. Those project applications which receive the
					 minimum required number of points, as specified in 8212(d), and all eligible
					 program applications will receive conditional reservations in the order in
					 which they are ranked within their respective allocations pursuant to 8212.1
					 with the higher point score funded first. Those applications which are to be
					 funded wholly from any set-aside, because all proposed activities are eligible
					 to qualify as set-aside activities, shall be funded first based on their score
					 within their respective allocations. Once the set-aside has been achieved, all
					 remaining applications will be funded based on their score relative to all
					 other remaining applications in their respective allocations.
(b) Only one project on Native American
					 Lands, as defined in Section 8201 (y)(1) and (2) is guaranteed HOME program
					 funding in each NOFA. Developers with a project located on Native American
					 Lands shall be rated and ranked against each other; the top ranked project,
					 after first meeting the HOME program requirements for funding CHDO and rural
					 projects, will be awarded HOME funds. Developers that are proposing a project
					 on Native American Lands must be a Native American Entity or an entity having
					 co-ownership with a Native American Entity. The rating and ranking of
					 applicants (for projects on Native American Lands) will not be subject to
					 meeting any minimum point score. The Developer projects that are not top ranked
					 (for projects on Native American Lands) will be competitively rated against
					 cities, counties, CHDOs and other Developers (for projects not on Native
					 American Lands) pursuant to 8213(a).
(c) In the case of a tied score, the
					 application demonstrating the highest poverty level shall receive the higher
					 ranking.
(d) In the event there are
					 insufficient funds to fund an applicant's whole program, the applicant may be
					 offered the amount of funds available, provided it is sufficient to complete a
					 portion of the application which, if evaluated separately, would have been
					 awarded funds.
(e) Applications
					 shall be funded subject to the availability of funds.
1. New
						section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A
						Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 10-23-92 as an emergency; operative
						10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted
						to OAL 2-23-93 or emergency language will be repealed by operation of law on
						the following day.
3. New section refiled 3-2-93 as an emergency;
						operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be
						transmitted to OAL 6-30-93 or emergency language will be repealed by operation
						of law on the following day.
4. Certificate of Compliance as to
						3-2-93 order including renumbering and amendment of former section 8214 to
						section 8215 with amendment of NOTE and renumbering of former section 8215 to
						section 8216 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No.
						28).
5. Renumbering of former section 8213 to new section 8211, and
						renumbering of former section 8215 to new section 8213, including amendment of
						subsection (a) and NOTE filed 3-14-97; operative 3-14-97 pursuant to Government
						Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of
						section heading and subsection (a) and repealer of subsection (e) filed
						9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4
						(Register 2004, No. 37).
7. Amendment of subsection (a) filed
						8-12-2005; operative 9-11-2005 (Register 2005, No. 32).
8. Amendment
						of subsection (a) filed 12-10-2007; operative 12-10-2007 pursuant to Government
						Code section 11343.4 (Register 2007, No. 50).
9. New subsection (b)
						and subsection relettering filed 10-31-2016; operative 1-1-2017 (Register 2016,
						No. 45).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR Section 92.150; and Sections 50896,
						  50896.1 and 50896.3, Health and Safety
						  Code.