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California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 3 - Application Procedures › Section 8131 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application shall be made on form HCD
					 793, dated 6/91, Family Housing Demonstration Program Loan Application as set
					 forth in subsection (b) This form is provided by the department.
(b) Form HCD 793, dated 6/91, Family Housing
					 Demonstration Program Loan Application:
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(c) An application shall be deemed complete
					 when the department is able to determine from the information provided whether
					 the project is eligible for rating and ranking pursuant to the requirements of
					 section 8132.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Sections 50888, 50888.3, 50888.5,
						  50888.7, 50889, 50891.5 and 50893.9, 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 3 - Application Procedures › Section 8132 - Project Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Projects shall not be eligible for rating
					 and ranking unless the application demonstrates that all of the following
					 conditions exist:
(1) The applicant is an
					 eligible sponsor pursuant to section 8113;
(2) The project involves an eligible project
					 pursuant to section 8112;
(3) All
					 proposed uses of program funds are eligible pursuant to section 8114;
(4) The application is complete pursuant to
					 section 8131;
(5) The project will
					 maintain fiscal integrity consistent with meeting the requirements of the
					 program.
(6) The project site is
					 free from severe adverse environmental conditions that cannot be mitigated --
					 such as the presence of toxic waste that is economically infeasible to remove
					 -- and is reasonably accessible to public transportation, shopping, medical
					 services, recreation, schools, and employment in relation to the needs of the
					 project tenants.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8133 - Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall enter into a
					 Standard Agreement with each sponsor which shall encumber monies from the
					 Account in an amount sufficient to fund the approved loan amount. The Standard
					 Agreement shall contain the following:
(1) a
					 description of the approved project and the permitted uses of program
					 funds;
(2) provisions governing the
					 amount and terms of the loan;
(3)
					 provisions regarding the regulatory restrictions to be applied to the project
					 through the Regulatory Agreement;
(4) provisions governing the construction or
					 rehabilitation work and, as applicable, the acquisition or refinancing of the
					 project site, and the disbursement of loan proceeds;
(5) provisions governing the implementation
					 of the job training and placement program pursuant to the requirements of
					 section 8128 and as approved by the department;
(6) provisions governing the implementation
					 of the supportive services requirements of section 8127 and as approved by the
					 department during the initial application process;
(7) special conditions imposed as part of
					 department approval of the project;
(8) requirements for the execution and, the
					 recordation of the agreements and documents required under the
					 program;
(9) the approved schedule
					 of the project, including land or building acquisition, if any, commencement
					 and completion of construction or rehabilitation work, and occupancy by
					 eligible households;
(10)
					 provisions relating to acquisition or refinancing agreements, bidding and
					 awards to contractors;
(11)
					 provisions regarding tenant relocation;
(12) bonding and insurance requirements
					 consistent with the requirements of this subchapter;
(13) provisions related to a management plan
					 pursuant to section 8137;
(14)
					 terms and conditions required by federal or state law;
(15) requirements regarding the processing of
					 loan proceeds and requests for funds, and payments thereof;
(16) remedies available to the department in
					 the event of a violation, breach, or default of the Standard Agreement,
					 including repayment of all costs of enforcement;
(17) other provisions necessary to ensure
					 compliance with the requirements of this 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8134 - Disbursement of Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sponsor shall request funds from the
					 department for actual expenditures in accordance with the schedule and the
					 authorized amounts in the approved project budget in the Development Agreement.
					 The information on any request for funds shall be subject to verification by
					 the department. Requests for funds shall be made on form HCD 794, dated 12/90,
					 Family Housing Demonstration Program "Request for Funds" as set forth in
					 subsection (b). This form is provided by the department.
(b) Form HCD 794, dated 12/90, Family Housing
					 Demonstration Program "Request for Funds":
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(c) Prior to the disbursement of funds, the
					 sponsor shall provide or execute all required documents which the department
					 determines are necessary to verify the claimed expenditure.
(d) The department may enter into agreements
					 with other lenders or public or private entities to disburse funds and monitor
					 construction and may make direct payments to such third-party contractors on
					 behalf of sponsors.
(e)
(1) For a sponsor that is a nonprofit
					 corporation or a government entity, the department may disburse an initial
					 advance payment subject to the following conditions:
(A) any required documents are executed by
					 the sponsor;
(B) the sponsor is in
					 compliance with all applicable conditions for the advance of funds;
(C) the sponsor submits a form 794, dated
					 12/90, Family Housing Demonstration Program "Request for Funds"; and
(D) the sponsor certifies that it does not
					 have adequate funds to commence the project.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8135 - 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 a 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 this program;
(3) the successor-in-interest is an eligible
					 sponsor pursuant to section 8113 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8136 - 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 Standard
					 Agreement, the Development 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
					 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
					 amount 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
					 complete the project or operate the rental housing development in accordance
					 with program requirements.
(3) The
					 department may at its option 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 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8137 - Management and Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor shall be responsible for all
					 management functions of the rental housing development including selection of
					 the tenants, annual recertification of household income and size, evictions,
					 and collection of rent.
(b) The
					 sponsor is responsible for all repair and maintenance functions of the rental
					 housing development, including ordinary maintenance and replacement of capital
					 items. The sponsor shall maintain the residential units; the commercial space,
					 if any; the child care center, if any; children's play area, if any; the
					 community room, if any; and other common areas; in accordance with the
					 Regulatory Agreement; local health, building, and housing codes and the
					 management plan.
(c) For each
					 congregate housing development, the sponsor shall require tenants to share
					 responsibility for maintaining and cleaning the common areas. The sponsor shall
					 enter into a resident management agreement with residents, subject to the
					 approval of the department prior to execution, which shall:
(1) specify tenant and sponsor maintenance
					 responsibilities and shall provide that the tenant shall not be financially
					 responsible for any repair or replacement costs associated with maintaining the
					 property;
(2) specify procedures
					 for amending the agreement; and
(3)
					 specify enforcement procedures for noncompliance.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8138 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No later than
					 90 days after the end of each fiscal year of a rental housing development, the
					 sponsor shall report to the department on form HCD 795, dated 6/91, Family
					 Housing Demonstration Program "Annual Sponsor Certification," as set forth in
					 subsection (c). This form is provided by the department.
(b) As part of the form HCD 795, dated 6/91,
					 Family Housing Demonstration Program "Annual Sponsor Certification," the
					 sponsor shall submit an audit of the rental housing development prepared in
					 accordance with generally accepted auditing standards by an independent
					 certified public accountant. Upon a determination by the department that the
					 cost of meeting this requirement exceeds the potential benefits to the
					 department and the tenants of the rental housing development, the department
					 shall:
(1) reduce the required frequency of
					 the audit;
(2) accept an audited
					 financial statement of the sponsor in lieu of the audit; or
(3) waive this requirement
					 completely.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8139 - Operating Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to loan closing, the sponsor shall provide the department an initial
					 operating budget for its approval. Such budget shall show all anticipated
					 income, expenses for management, operations, and maintenance, debt service and
					 reserve deposits for the initial operating year.
(b) Sixty days prior to the end of each
					 current fiscal year of each project the sponsor shall submit to the department
					 for its approval a proposed operating budget, including an accounting of the
					 housing component, supportive service component, and job training and placement
					 program.
(1) The proposed operating budget
					 shall set forth the sponsor's estimate of the operating income, operating
					 expenses, and debt service for the upcoming year associated with the housing
					 component, and any proposed rent increases pursuant to section 8122.
(2) The proposed operating budget for the
					 supportive service component shall set forth sponsor's estimate of the
					 operating income and expenses for the upcoming year associated with the
					 provision of supportive services.
(3) The proposed operating budget for job
					 training and placement programs shall set forth the sponsor's estimate of the
					 operating income and expenses for the upcoming year associated with the
					 provision of such programs.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8141 - Feasibility Subaccount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall establish a
					 feasibility subaccount in the Account. Four (4) percent of any allocation made
					 to the Account pursuant to Health and Safety Code section 53130(a) shall be
					 deposited into the feasibility subaccount. Excess funds returned to the
					 department pursuant to section 8123(h) and 8117(e)(2)(B) shall be deposited
					 into the feasibility subaccount to first replace the allocated funds in the
					 subaccount on a dollar-for-dollar basis and then to replenish the feasibility
					 subaccount. Excess funds received which cause the subaccount to exceed four
					 percent of all allocations to the Account shall transfer to the Account and
					 become available for loans pursuant to this subchapter.
(b) To the extent necessary to assure or
					 preserve fiscal integrity and to establish or maintain rents in accordance with
					 program requirements, the department shall be authorized to advance funds from
					 the feasibility subaccount when necessary:
(1) to defray unforeseeable construction cost
					 increases prior to the completion of construction; or
(2) to defray unforeseeable capital expenses
					 at any time during the term of the loan.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 16 - Family Housing Demonstration Program Regulations-Proposition 84 › Article 4 - Program Operations › Section 8142 - Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except during the application process set forth in
						section 8130, where the department's approval is required throughout this
						subchapter the following process shall apply:
(a) The sponsor shall apply for the approval
					 by providing the department with a written request mailed to the Family Housing
					 Demonstration Program, Division of Community Affairs, Department of Housing and
					 Community Development, P.O. Box 952054, Sacramento, CA 94252-2054 or panafax to
					 (916) 323-6625. All documentation or information necessary for the approval
					 shall accompany the request.
(b)
					 Within 30 working days of the receipt of the request for approval, the
					 department shall notify the sponsor in writing if the required documentation
					 and information are not complete. If the documentation and information are not
					 complete, the department will specify what additional documentation and
					 information are needed.
(c) Within
					 30 working days of the notification to the sponsor of whether the request for
					 approval is complete, the department shall notify the sponsor in writing
					 whether approval is provided. If approval is not provided, the department shall
					 provide the reasons for denying approval.
(d) A complete request for approval is one
					 which provides all documentation and information necessary for the department
					 to make a determination as to whether approval can be provided.
1. New
						section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No.
						11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law on 4-16-91.
3. New
						section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16).
						A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency
						language will be repealed by operation of law on the following
						day.
4. New section refiled 11-15-91 as an emergency; operative
						11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted
						to OAL 3-16-92 or emergency language will be repealed by operation of law on
						the following day.
5. Certificate of Compliance as to 11-15-91 order
						transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No.
						16).
Note: Authority cited: Sections 50406(n), 50884 and
						  50895, Health and Safety Code. Reference: Section 15376, Government Code; and
						  Section 50884, 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 17 - State Home Investment Partnership Act Program › Article 2 - Program Requirements › Section 8202 - Supplementary Allocations for Entitlement Jurisdictions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 amendment of section and NOTE transmitted to OAL 5-26-93
						and filed 7-7-93 (Register 93, No. 28).
5. Amendment of subsections
						(a)(1), (a)(2) and (b) and amendment of NOTE filed 3-14-97; operative 3-14-97
						pursuant to Government Code section 11343.4(d) (Register 97, No.
						11).
6. Repealer filed 12-19-2001; operative 12-19-2001 pursuant to
						Government Code section 11343.4 (Register 2001, No.
						51).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR Section 92.102(a); Section 65580,
						  Government Code; and Sections 50896, 50896.1 and 50896.3, 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 17 - State Home Investment Partnership Act Program › Article 2 - Program Requirements › Section 8203 - Allocations for Model Programs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section 8203 to section 8204 and new
						section filed 7-7-93; operative 7-7-93 (Register 93, No. 28).
2.
						Amendment of subsection (a), repealer of subsection (c) and amendment of NOTE
						filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d)
						(Register 97, No. 11).
3. Repealer filed 12-19-2001; operative
						12-19-2001 pursuant to Government Code section 11343.4 (Register 2001, No.
						51).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR Sections 92.201(b)(2),
						  92.201(b)(3)(i) and 92.205(a); and Sections 50406(o), 50896, 50896.1 and
						  50896.3, 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 17 - State Home Investment Partnership Act Program › Article 2 - Program Requirements › Section 8204 - Eligible Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to be eligible to apply for HOME
					 funds, the applicant shall be a Developer, city or county, or a nonprofit
					 corporation that has been certified as a CHDO by the Department pursuant to
					 Section 8204.1.
(1) Cities and counties shall
					 comply with the following:
(A) A city may
					 only apply for funding for activities within its incorporated
					 boundaries;
(B) A county may only
					 apply for funding for activities within its unincorporated areas;
(C) A city or county applicant shall not have
					 been designated as a participating jurisdiction, or included as part of an
					 urban county, as defined in 24 CFR Section 570.3(ee), or included as part of a
					 consortium, as defined in 24 CFR Section 92.101, for HOME funding for the
					 federal fiscal year for which the NOFA is issued, and
(D) A city or county applicant must
					 demonstrate to the Department's satisfaction that it has:
(i) staff available or has committed to
					 hiring staff able to operate a local HOME program and oversee the work of an
					 administrative subcontractor, if any;
(ii) resolved any audit finding(s), for prior
					 Department, or federally funded housing or community development projects or
					 programs to the satisfaction of the Department or federal agency by which the
					 finding was made,
(iii) provided a
					 self certification that it is not debarred or suspended from participation in
					 federal or state housing or community development projects or programs,
					 and
(iv) provided documentation
					 satisfactory to the Department that it is in compliance with the submittal
					 requirements of OMB A-133, Single Audit Report.
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 2 - Program Requirements › Section 8204.1 - CHDO Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants for CHDO certification may
					 apply to the Department at any time.
(1)
					 Within 15 business days of receipt of a nonprofit corporation's application for
					 certification as a CHDO, the Department shall provide the applicant with
					 written notice indicating whether the application is incomplete and, if so,
					 what specific information is required for it to be considered
					 complete.
(2) Within 45 business
					 days of receiving all of the documentation requested in subsection (b) below,
					 the Department shall provide the applicant with either written notice of
					 certification identifying the geographic area for which the CHDO is being
					 certified or written notice indicating why the CHDO application is being
					 denied.
(3) A survey conducted by
					 the Department pursuant to Government Code Section 15376 of the Department's
					 performance determined the minimum, median and maximum elapsed time between
					 receipt of a CHDO application and reaching a final decision; the results are as
					 follows:
Minimum:
15 calendar days
Median:
30 calendar days
Maximum:
45 calendar days
(4) Applicants that are not certified by the
					 final filing date published in the NOFA shall not be considered eligible to
					 apply for funding as a CHDO.
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 2 - Program Requirements › Section 8205 - Use of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Eligible activities by cities, counties and CHDOs for use of HOME funds shall
					 be one or more of the following:
(1)
					 first-time homebuyer programs, as defined in Section 8201;
(2) owner-occupied rehabilitation programs,
					 as defined in Section 8201;
(3)
					 rental rehabilitation and/or acquisition programs, as defined in Section
					 8201;
(4) tenant-based rental
					 assistance programs, as defined in Section 8201;
(5) rental new construction projects, as
					 defined in Section 8201;
(6) rental
					 rehabilitation and/or acquisition projects, as defined in Section
					 8201;
(7) first-time homebuyer
					 projects, as defined in Section 8201.
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 2 - Program Requirements › Section 8206 - Matching Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as noted in subsections (a)(1),
					 (a)(2), and (a)(4) below, State Recipients, Developers and CHDOs shall
					 contribute matching funds as required in subsection (b).
(1) If the matching contribution requirements
					 of 24 CFR Section 92.218 are waived or modified by Congress or are modified by
					 HUD pursuant to 24 CFR Section 92.222, the Department shall waive or modify the
					 matching contribution requirements of subsection (b) for funds affected by the
					 federal action.
(2) If the
					 Department identifies other eligible sources of match that can be used to meet
					 part or all of the matching contribution requirements of 24 CFR Section 92.218,
					 the Department shall modify the matching contribution requirements of
					 subsection (b) to the extent possible for funds affected.
(3) Modified matching contribution
					 requirements for each funding cycle as provided for in subsections (a)(1) and
					 (a)(2) shall be provided in the NOFA issued by the Department pursuant to
					 Section 8210 unless such matching requirements are waived or modified by HUD
					 after issuance of a NOFA. In that case, the Department shall notify State
					 Recipients, Developers and CHDOs of the modification of matching contribution
					 requirements through written notice.
(4) HOME funds used for administrative and
					 planning costs pursuant to 24 CFR Section 92.207 and CHDO operating expenses
					 pursuant to 24 CFR Section 92.208 shall not be required to be
					 matched.
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 2 - Program Requirements › Section 8206.1 - Repayment of Home Funds, Program Income, Proceeds from the Investment of Home Funds, and Recaptured Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Repayment of HOME funds and matching
					 contributions, program income, proceeds from the investment of HOME funds, and
					 recaptured funds are subject to the requirements of 24 CFR Sections 92,252,
					 92.254, 92.300 and 92.503 and this Section. HOME funds invested in housing that
					 is not completed or rental housing that does not comply with the affordability
					 requirements for the required period shall be repaid to the
					 Department.
(b) Except as otherwise
					 provided in this subsection (b), all program income and recaptured funds shall
					 be remitted directly to the Department for deposit into the Department's local
					 account.
(1) If requested by the State
					 Recipient, the Department shall allow program income and recaptured funds to be
					 deposited into the State Recipient's local account, subject to the requirements
					 of 24 CFR Sections 92.502(c)(3) and 92.503(a)(1).
(2) If requested by a CHDO, the Department
					 shall allow recaptured funds and proceeds from the investment of HOME funds to
					 be retained by a CHDO that meets the requirements of subsection (c) of this
					 section.
(3) Where HOME funds are
					 invested in housing to assist acquisition by a first-time homebuyer who sells
					 the home unit or repays the loan prior to the end of the required affordability
					 period, the HOME funds repaid to the CHDO or State Recipient shall be
					 recaptured, exceptions may be requested to use resale for limited equity forms
					 of ownership like cooperatives and community land trust.
(4) State Recipients and CHDOs that retain
					 program income, proceeds from the investment of HOME funds, and recaptured
					 funds shall submit quarterly reports and an annual report documenting all local
					 account activity. Failure to submit the required reports shall result in a
					 negative performance rating in future applications from funding. Continued
					 failure to comply with all federal and state requirements for use of these
					 funds shall result in a termination of the agreement for the State Recipient or
					 CHDO to retain such 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 17 - State Home Investment Partnership Act Program › Article 2 - Program Requirements › Section 8207 - Amount of Home Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The amount of HOME funds invested in a
					 project:
(1) shall not exceed the per unit
					 dollar limits established by HUD under 24 CFR Section 92.250; and
(2) is limited to the amount necessary, when
					 considered with other financing and assistance of the project, to accomplish
					 the following:
(A) enable the project as
					 proposed to be developed and to operate in compliance with all HOME
					 requirements;
(B) for first-time
					 homebuyer projects and programs, allow homebuyers to purchase homes utilizing
					 loans from primary lenders. (Notice: First-time homebuyers shall be required to
					 obtain financing from primary lenders in addition to HOME financing.) Loans
					 from primary lenders shall comply with the following requirements:
(i) the loan must have a minimum loan term of
					 30 years;
(ii) the loan must be
					 fully amortizing and have a fixed interest rate that does not exceed the
					 current market rate, as established by an index identified in the NOFA. No
					 temporary interest rate buy-downs are
					 permitted;
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 2 - Program Requirements › Section 8207.1 - Homebuyer Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, "homebuyer
					 education" means a specific course of instruction, designed pursuant to this
					 section, to educate first-time homebuyers regarding various aspects of
					 purchasing and maintaining a home.
(b) Homebuyer education shall be provided to
					 all homebuyers receiving HOME funds for mortgage assistance. The state
					 recipient or CHDO shall determine the format best suited for providing
					 homebuyer education to its homebuyers (for example, classroom instruction,
					 one-on-one counseling, written materials, internet).
(c) The homebuyer education curriculum shall
					 be described in the applicant's program or project guidelines, shall be subject
					 to Department review and approval, and shall at a minimum address the following
					 topics:
(1) preparing for
					 homeownership;
(2) available
					 financing and credit analysis;
(3)
					 loan closing and homebuyer responsibilities;
(4) home maintenance and budgeting for
					 mortgage payments and other expenses;
(5) The impact of refinancing on the
					 long-term financial health of the homebuyer.
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 2 - Program Requirements › Section 8209 - Tenant-Based Rental Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the requirements of Section 8204,
						HOME-funded tenant-based rental assistance and security deposit assistance may
						be used to assist tenants to reside in an eligible jurisdiction within the
						county where the tenant-based rental assistance funds were awarded. The state
						recipient shall comply with the provisions of 24 CFR section 92.209. In all
						cases, assistance shall be restricted to the boundaries of the county where the
						funds were awarded and shall continue to be the responsibility of the state
						recipient.
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 8210 to
						section 8211 with amendment of NOTE and renumbering of former section 8211 to
						section 8212 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No.
						28).
5. Change without regulatory effect deleting subsection (a)(2)
						filed 10-21-93 pursuant to title 1, section 100, California Code of Regulations
						(Register 93, No. 43).
6. Renumbering of former section 8209 to new
						section 8207, and renumbering of former section 8211 to new section 8209,
						including amendment of section and NOTE filed 3-14-97; operative 3-14-97
						pursuant to Government Code section 11343.4(d) (Register 97, No.
						11).
7. Amendment filed 12-10-2007; operative 12-10-2007 pursuant to
						Government Code section 11343.4 (Register 2007, No.
						50).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR part 882 and 882.209(a)(7); 42 USC
						  12742; and Sections 50896 and 50896.1, 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 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8210 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within a funding cycle, the Department shall issue one or more NOFAs.
(b) Eligible applicants, defined as those
					 that comply with the provisions in Section 8204, may submit only one
					 application in response to a NOFA.
(c) Applications from CHDOs shall propose
					 only activities that are eligible to qualify as CHDO set-aside activities
					 pursuant to 24 CFR Section 92.300(a).
(d) The NOFA shall specify, among other
					 things, the maximum amount of program or project funds available to a State
					 Recipient or Developer or CHDO under the NOFA, the activities eligible pursuant
					 to the NOFA, the time frame for submittal of applications, the application
					 requirements pursuant to Section 8211, the allocation of rating points pursuant
					 to Section 8212, the matching contribution requirements pursuant to Section
					 8206, the value of voluntary labor as determined by HUD pursuant to 24 CFR
					 Section 92.220(a)(8), any prohibitions on uses of funds, the availability of
					 administrative funds, and the general terms and conditions of funding
					 allocations.
(e) The Department
					 shall only consider applications that are complete, as defined by Section
					 8211(b), and contain all the information required by Section 8211(c).
(f) If funds are disencumbered pursuant to
					 Section 8218, made available due to an unexecuted standard agreement or made
					 available by HUD pursuant to 24 CFR Section 92.451, the Department may make
					 such funds available to (1) the next highest-ranked unfunded or
					 partially-funded application from the most recent award of funds if the
					 applicant can demonstrate that a proposed activity can be successfully
					 implemented and executed, or (2) through the next published NOFA pursuant to
					 subsection (a).
(g) In order to
					 comply with any set-aside established by HUD or the Department, or special
					 allocation made by HUD, the Department may do one or more of the following:
(1) issue a special NOFA;
(2) specify in each NOFA the reservation of a
					 portion of the funds; and
(3)
					 specify in each NOFA any waivers to requirements granted by HUD in connection
					 with the 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 17 - State Home Investment Partnership Act Program › Article 3 - Application for Funding Procedures › Section 8211 - Application Requirements/Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application shall be made on a form made
					 available by the Department that requests the information required by these
					 regulations.
(b) An application
					 shall be deemed complete when the Department is able to determine from the
					 information provided whether the application is eligible for rating pursuant to
					 the requirements of Section 8212(a).
(c) All applications shall be required to
					 contain the following:
(1) identification of
					 the applicant;
(2) information on
					 the proposed activity(ies);
(3)
					 information adequate to determine whether the applicant is eligible, in
					 accordance with Sections 8204 and 8204.1;
(4) information adequate to determine whether
					 the activity is eligible, in accordance with Sections 8205 and
					 8210(c);
(5) information indicating
					 whether the applicant or any member of its program team or project team has any
					 unresolved audit findings or has been suspended or debarred from participation
					 in any federal or State housing or community development program;
(6) information on any pending litigation
					 affecting the applicant's ability to carry out the activity;
(7) identification of any administrative
					 subcontractor;
(8) a certification
					 that the applicant will comply with State and federal requirements;
(9) a resolution by the governing board of
					 the applicant authorizing the application and the execution of all required
					 documents;
(10) information
					 adequate to determine the experience of the applicant with other federal, State
					 or local housing or community development programs;
(11) identification of all members of the
					 program team or project team;
(12)
					 information on sources and amounts of matching contributions, in accordance
					 with Section 8206, and sources and amounts of leverage, as defined in Section
					 8201.
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 8212 - Application Selection and Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications shall not be considered for
					 funding unless the application is received within the time frames specified in
					 the NOFA and demonstrates that all of the following conditions exist:
(1) the applicant is eligible pursuant to
					 Section 8204 and 8204.1;
(2) the
					 applicant proposes at least one eligible activity and the proposed uses for the
					 HOME funds are eligible pursuant to Sections 8205 and 8210(c);
(3) the application is complete pursuant to
					 Section 8211;
(4) the total amount
					 of funds requested for both administration and activity-specific costs does not
					 exceed the funding allocation limit which is stated in the NOFA and any allowed
					 increase to this limit pursuant to Section 8217;
(5) if applicant is a CHDO, includes
					 procedures ensuring the CHDO's effective project control of activities assisted
					 with HOME funds pursuant to 24 CFR Section 92.300(a)(1); and
(6) for applications proposing projects
					 involving acquisition of rental housing, acquisition and rehabilitation of
					 rental housing, rehabilitation of rental housing, construction of rental
					 housing, or construction of housing for first-time homebuyers, the application
					 demonstrates:
(A) that the project is
					 financially feasible;
(B) site
					 control is obtained pursuant to Section 8303;
(C) that there are no pending lawsuits that
					 will prevent implementation of the project, as proposed;
(7) for applications proposing rental
					 activities, the application contains documentation demonstrating that the
					 project either complies with or is exempt from Article 34 of the California
					 Constitution.