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 1 - General › Section 8201 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions found in 24 CFR Section
						92.2, the following definitions shall apply to this subchapter. These
						definitions are further provided to clarify applicable provisions contained in
						24 CFR Section 92.2.
(a)
					 "Administrative subcontractor" means any entity or individual which contracts
					 with the State Recipient or CHDO to provide any portion of administrative
					 services to the local HOME activity. Individuals or groups that are acting in
					 the capacity of developer, owner, or sponsor of a project shall not act as
					 administrative subcontractors for the activity.
(b) "Applicant" is any city, county, or CHDO
					 which submits an application to the Department to operate programs or develop
					 or rehabilitate projects using HOME Funds within a specified jurisdictional
					 boundary. "Applicant" is also any Developer which submits an application to the
					 Department (under the Department administered HOME program,) to develop or
					 rehabilitate projects using HOME Funds within a HOME eligible jurisdiction. A
					 Developer of a project shall not act as administrative subcontractor for the
					 activity.
(c) "Award letter" means
					 a conditional reservation letter signed by the director indicating that the
					 Department has reserved funds for a project or program subject to meeting
					 specific conditions in the regulations.
(d) RESERVED.
(e) "CFR" is the acronym used for the Code of
					 Federal Regulations.
(f) "CHDO" is
					 the acronym for Community Housing Development Organization and means those
					 organizations which meet the criteria set forth in 24 CFR Section 92.2 and are
					 certified by the Department pursuant to Section 8204.1.
(g) "Conditional reservation" means the
					 Department has reserved funds for a project or program subject to meeting
					 specific conditions in the regulations and in the award letter.
(h) "Department" means the State of
					 California, Department of Housing and Community Development, which shall serve
					 as a participating jurisdiction as defined by 24 CFR Section 92.2, for the
					 purposes of this program.
(i)
					 "Developer" -- is any legal entity that will provide or arrange for design,
					 financing and construction services in connection with a housing project,
					 including Native American Entities.
(j) "Director" means the director of the
					 Department.
(k) "Family" is a
					 household consisting of an individual or two or more persons who by blood or
					 marriage, or otherwise, live together in a housing unit.
(l) "Federal disbursement and information
					 system" is the computerized system operated by HUD which manages, disburses,
					 collects data and reports on the use of HOME funds.
(m) "First-time homebuyer" means an
					 individual or individuals or an individual and his or her spouse who have not
					 owned a home during the three-year period before the purchase of a home with
					 HOME assistance, except that the following individual or individuals may not be
					 excluded from consideration as a first-time homebuyer under this definition:
(1) a displaced homemaker who, while a
					 homemaker, owned a home with his or her spouse or resided in a home owned by
					 the spouse. A displaced homemaker is an adult who has not, within the preceding
					 two years, worked on a full-time basis as a member of the labor force for a
					 consecutive twelve-month period and who has been unemployed or underemployed,
					 experienced difficulty in obtaining or upgrading employment and worked
					 primarily without remuneration to care for his or her home and
					 family;
(2) a single parent who,
					 while married, owned a home with his or her spouse or resided in a home owned
					 by a spouse. A single parent is an individual who:
1) is unmarried or legally separated from a
					 spouse, and
2) has custody or joint
					 custody of one or more minor children or is pregnant; or
(3) an individual or individuals who owns or
					 owned, as a principal residence during the three-year period before the
					 purchase of a home with HOME assistance, a dwelling unit whose structure is:
(i) not permanently affixed to a permanent
					 foundation in accordance with local or state regulations; or
(ii) not in compliance with state, local, or
					 model building codes and cannot be brought into compliance with such codes for
					 less than the cost of constructing a permanent
					 structure.