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California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 1 - Loan and Grant Committees › Section 6906 - Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-26-80 as procedural and organizational; effective upon filing
					 (Register 80, No. 35).
2. Amendment of subsections (a) and (b)(1)
					 filed 4-21-82; effective thirtieth day thereafter (Register 82, No.
					 17).
3. Repealer filed 2-7-84; designated effective 3-1-84 pursuant
					 to Government Code Section 11346.2(d) (Register 84, No.
					 6).
Note: Authority cited: Sections 50402 and 50406, Health
						and Safety Code. Reference: Sections 50402, 50517, 50517.5, 50542, 50626,
						50662, 50680, 50690, 50700, 50735 and 50775, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6912 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this subchapter, the following definitions
					 shall apply:
"Affordable housing cost"--see Section 6924
"Affordable rent"--see Section 6922
"Exceptional medical or other expenses" means medical
					 expenses, and/or unusual expenses, as defined in this section, which exceed 25%
					 of the gross annual income.
"Gross income"--see Section 6914
"Housing cost of purchaser"--see Section 6920
"Large very low income family" means a very low income
					 family which includes six or more minors.
"Low income household"--see Section 6928
"Lower income household"--see Section 6928
"Medical expenses" means those medical expenses which are
					 to be anticipated during the 12-month period for which the gross income is
					 computed, and which are not covered by insurance (however, premiums for such
					 insurance may be included as medical expenses).
"Minor" means a member of the family household (excluding
					 foster children) other than the family head or spouse, who is under 18 years of
					 age or is a full-time student and lives at home.
"Moderate income household"--see Section 6930
"Net income"--see Section 6916
"Other lower-income household"--see Section 6928
"Persons and families of low or moderate income"--see
					 Section 6930
"Persons of low income"--see Section 6928
"Rent"--see Section 6918
"Unusual expenses" means amounts paid by the family for the
					 care of minors under 13 years of age or for the care of disabled or handicapped
					 family household members, but only where such care is necessary to enable a
					 family member to be gainfully employed, and the amount allowable as unusual
					 expenses shall not exceed the amount of income from such employment.
"Very large lower-income family" means a lower income
					 family which includes eight or more minors.
"Very low income household"--see Section
					 6926
Note: Authority cited: Sections 50052.5, 50053, 50079.5,
						50093, 50105, Health and Safety Code. Reference: Sections 50052.5, 50053,
						50079.5, 50093, 50105, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6916 - Net Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purpose of determining affordable housing cost or affordable rent, "net
				  income" shall be computed as follows: the annual gross income less $300 for
				  each minor and medical expenses which exceed 3 percent of the annual gross
				  income and unusual expenses, all divided by 12.
Note: Authority cited: Sections 50053, 50093, Health and
						Safety Code. Reference: Sections 50053, 50093, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6918 - Rent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Rent" shall mean the total of monthly payments for a
					 rental or cooperative unit for:
(a)
				  Use and occupancy of a housing unit and land and facilities associated
				  therewith.
(b) Any separately
				  charged fees or service charges assessed by the lessor which are required of
				  all tenants, other than security deposits.
(c) A reasonable allowance for utilities not
				  included in (a) or (b) above, including garbage collection, sewer, water,
				  electricity, gas, and other heating, cooking and refrigeration fuels. Utilities
				  does not include telephone service. Such an allowance shall take into
				  consideration the cost of an adequate level of service.
(d) Possessory interest, taxes, or other fees
				  or charges assessed for use of the land and facilities associated therewith by
				  a public or private entity other than the lessor.
Monthly rent shall be an average of estimated costs for the
					 next twelve months.
1. Editorial
					 correction of NOTE filed 4-27-83 (Register 83, No.
					 18).
Note: Authority cited: Sections 50052.5 and 50053, Health
						and Safety Code. Reference: Sections 50052.5, 50053, and 50098, Health and
						Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6920 - Housing Cost of a Purchaser

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Housing cost" of a person or family purchasing a housing
					 unit shall include all of the following associated with that housing
					 unit:
(a) Principal and interest on a
				  mortgage loan including any rehabilitation loans, and any loan insurance fees
				  associated therewith.
(b) Property
				  taxes and assessments.
(c) Fire and
				  casualty insurance covering replacement value of property
				  improvements.
(d) Property
				  maintenance and repairs.
(e) A
				  reasonable allowance for utilities, including garbage collection, sewer, water,
				  electricity, gas, and other heating, cooking, and refrigeration fuels.
				  Utilities does not include telephone service. Such an allowance shall take into
				  consideration the cost of an adequate level of service.
(f) Homeowner association fees.
(g) Space rent, if the housing unit is
				  situated on rented land.
Monthly housing cost of a purchaser shall be an average of
					 estimated costs for the next twelve months.
Note: Authority cited: Section 50052.5, Health and Safety
						Code. Reference: Section 50052.5, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6922 - Affordable Rent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Affordable rent for a lower income household shall be the maximum rent
				  permitted by this subchapter. Except as provided in subdivision (b), the person
				  or family's maximum monthly rent shall be 25 percent of the monthly net income,
				  but in no event less than 15 percent of monthly gross income.
(b) The monthly rent shall be 15 percent of
				  the monthly gross income if the family is:
(1)
				  A large, very low income family, or
(2) A very large, lower income family,
				  or
(3) A family which has
				  exceptional medical or other expenses.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6924 - Affordable Housing Costs (Purchasers)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Affordable costs for purchasers of
				  dwelling units means, with respect to lower income households, housing costs,
				  as defined in Section 6920, not exceeding 25 percent of gross income.
(b) Construction costs, mortgage loans, and
				  sales prices will be adequate to make housing available to an income group at
				  affordable housing costs if such construction costs, mortgage loans, and sales
				  prices, with no more than a reasonable downpayment, will result in a monthly
				  housing cost, as defined in Section 6920, which does not average more than the
				  amount computed in Column B or exceed for any one unit the amount computed in
				  Column C:
Click
					 here to view image
Low and very low income calculations apply to
					 county where housing units are or will be located. Next page provides
					 additional information.
(c) To the extent that the implementing
				  statute of a program administered by the department permits modification of
				  this standard on the basis of economic or financial feasibility or other
				  grounds, the department shall make a finding of such necessity when a codified
				  standard is utilized.
____________________________________________________________
1/ Explanation of computation
					 divisors:
Divisor of 48 is the product of 12x4. The multiplier 12
					 represents converting annual income to monthly income. The multiplier 4
					 represents 25% maximum housing cost. The divisor 48 consolidates two
					 steps:
(1) dividing annual income by
				  12 for monthly income and
(2)
				  dividing monthly income by 4 (25%) for maximum monthly affordable housing cost.
				  Divisor 96 is product of Divisor 48x2. The multiplier 2 represents two incomes:
(1) low and
(2) very low.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6926 - Very Low Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Very low income households" means
				  persons and families whose gross incomes do not exceed the qualifying limits
				  for very low income families established and amended from time to time pursuant
				  to Section 8 of the United States Housing Act of 1937. The qualifying limits
				  are set forth in Section 6932. These limits are equivalent to 50 percent of the
				  area median income, adjusted for family size by the United States Department of
				  Housing and Urban Development.
(b)
				  "Very low income households" means the same as "very low income families" and
				  "very low income person."
Note: Authority cited: Section 50105, Health and Safety
						Code. Reference: Section 50105, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6928 - Lower Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Lower income households" means persons
				  and families whose gross incomes do not exceed the qualifying limits for lower
				  income families as established and amended from time to time pursuant to
				  Section 8 of the United States Housing Act of 1937. The qualifying limits are
				  set forth in Section 6932. These limits are equivalent to 80 percent of the
				  area median income, adjusted for family size and other adjustment factors by
				  the United States Department of Housing and Urban Development.
(b) "Lower income households" includes very
				  low income households.
(c) "Other
				  lower income households" are those lower income households who are not very low
				  income households.
(d) "Lower
				  income households" means the same as "low income households," "persons of low
				  income," and "low income families."
Note: Authority cited: Section 50079.5, Health and Safety
						Code. Reference: Section 50079.5, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2 - Program Eligibility and Affordability for Lower Income Households › Section 6930 - Moderate Income Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Moderate income households" means
				  persons and families who are not "lower income households" and whose gross
				  incomes do not exceed 120 percent of the area median income adjusted for family
				  size in accordance with adjustment factors adopted by the United States
				  Department of Housing and Urban Development in establishing income limits for
				  lower income families. For purposes of this subchapter, the income limits are
				  set forth in Section 6932.
(b) The
				  maximum gross income limits for moderate income households is the same as that
				  for "persons and families of moderate income" and "persons and families of low
				  or moderate income."
(c) "Persons
				  and families of low or moderate income" includes very low, lower, and moderate
				  income households.
Note: Authority cited: Section 50093, Health and Safety
						Code. Reference: Section 50093, Health and Safety
						Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 1 - General Provisions › Section 6935 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Personal Responsibility and Work Opportunity
						Reconciliation Act of 1996 (Pub. L. No. 104-193, 8 U.S.C. § 1621),
						hereinafter referred to as "PRAWORA," among other things, generally requires
						that receipt of public benefits be limited to U.S. citizens, nationals and
						qualified aliens. The purpose of this subchapter is to implement this
						requirement by establishing procedures for the verification of citizenship or
						qualified alien status of beneficiaries or prospective beneficiaries of the
						loan and grant programs administered by the Department.
1. New
						subchapter 2.5 (articles 1-3), article 1 (sections 6935-6935.6) and section
						filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d)
						(Register 98, No. 37).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 1 - General Provisions › Section 6935.2 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
					 of this subchapter shall apply to the following state-funded loan and grant
					 programs administered by the Department:
(1)
					 Farmworker Housing Grant Program (commencing with section 7200 of this
					 Title);
(2) Deferred-Payment
					 Rehabilitation Loans (commencing with section 7400 of this Title);
(3) Special User Housing Rehabilitation
					 Program (commencing with section 7450 of this Title);
(4) Office of Migrant Services (commencing
					 with section 7600 of this Title);
(5) California Housing Rehabilitation Program
					 (commencing with section 7670 of this Title);
(6) Rental Housing Construction Program
					 (commencing with section 7800 of this Title);
(7) Homeownership Assistance Program
					 (commencing with section 7900 of this Title);
(8) Emergency Housing and Assistance Program
					 (rental assistance only) (commencing with section 7964 of this
					 Title);
(9) Mobile Home Park
					 Assistance Program (commencing with section 8000 of this Title);
(10) California Housing Rehabilitation
					 Program for Owner-Occupied Housing (commencing with section 8040 of this
					 Title);
(11) Rental Housing
					 Construction Program--Proposition 84 Bond (commencing with section 8075 of this
					 Title);
(12) Family Housing
					 Demonstration Program (commencing with section 8110 of this
					 Title);
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 1 - General Provisions › Section 6935.6 - Nondiscrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All eligibility requirements contained in this subchapter
						shall be applied without regard to the race, creed, color, gender, religion,
						age, disability, familial status or national origin of the individual applying
						for the public benefit.
1. New
						section filed 9-9-98; operative 9-9-98 pursuant to Government Code section
						11343.4(d) (Register 98, No. 37).
Note: Authority cited: Sections 50806.5, 50884, 50895
						  and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub.
						  L. 104-193 (PRAWORA)); and 8 U.S.C. §§ 1621, 1622, 1641 and
						  1642(d).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 2 - Eligibility for Benefits › Section 6937 - Eligibility for Public Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be eligible to receive a public benefit under the
						department's programs, a person must be a United States citizen or national,
						or, pursuant to Section 411 of the PRAWORA, one of the following types of
						aliens:
(a) a qualified
					 alien;
(b) a nonimmigrant alien
					 under the INA; or
(c) an alien who
					 is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C.
					 § 1182(d)(5)) for less than one year.
1. New
						article 2 (sections 6937-6937.4) and section filed 9-9-98; operative 9-9-98
						pursuant to Government Code section 11343.4(d) (Register 98, No.
						37).
Note: Authority cited: Sections 50402, 50406, 50406(h)
						  and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5,
						  50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR
						  570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. §§
						  1621, 1622, 1641 and 1642.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 2 - Eligibility for Benefits › Section 6937.2 - Eligibility of Households

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible to receive any form of
					 rental assistance or assisted rental housing unit;
(1) In the case of a new tenancy, each adult
					 member of a household must be eligible to receive a public benefit.
(2) In the case of a tenancy which is in
					 existence as of the effective date of these regulations, either the head of the
					 household or his or her spouse must be eligible to receive a public benefit,
					 provided that the household does not include any person who is ineligible to
					 receive the public benefit other than the head of household or spouse, the
					 parents or grandparents of the head of household or spouse, or the children of
					 the head of household or spouse.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 2 - Eligibility for Benefits › Section 6937.4 - Time at Which Eligibility Will be Determined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Rental Assistance or Assisted Units
(1) Initial eligibility of an applicant under
					 a program which provides rental assistance or an applicant for an assisted unit
					 in a rental housing development shall be determined as part of the initial
					 determination of the applicant's overall eligibility for the individual
					 program. If an applicant fails to establish eligibility pursuant to subsection
					 (b) of section 6939.2, the rental assistance or access to an assisted unit
					 shall be denied.
(2) Continuing
					 eligibility of an existing household in a rental housing development shall be
					 determined at the time of the household's next eligibility re-certification
					 pursuant to the requirements of the regulatory agreement. If an existing
					 household fails to demonstrate eligibility pursuant to this subchapter, the
					 household shall be given a written notice that the tenant's assistance will be
					 withdrawn 30 days thereafter, either by increasing the unit's rent to a
					 non-assisted rent level (subject to any applicable rent restrictions imposed by
					 existing regulatory agreements by and between the project sponsor and any other
					 governmental entity), or in the case of a direct rental subsidy, by terminating
					 that subsidy. If the household occupies an assisted unit, the notice shall also
					 inform the household that the tenancy will be terminated in 6 months unless,
					 within that period, a vacant non-assisted unit is re-designated as a
					 replacement assisted unit. In that case, the household may be permitted to
					 remain in the formerly-assisted unit at a non-assisted rent.
(3) Eligibility of a household in a rental
					 housing development need only be verified once during the time the household
					 resides in that development.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 3 - Procedures for Determining and Reporting Eligibility › Section 6939 - Who Must Perform Verifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each sponsor shall perform eligibility
					 verifications as required by this subchapter. (Section 432 of the PRAWORA, as
					 amended by Pub. L. 104-208 (8 U.S.C. § 1642(d)), does not require
					 nonprofit charitable organizations to verify eligibility.) The failure to
					 perform eligibility verifications may, in the Department's discretion, be
					 considered a default under the loan or grant to the sponsor. In those
					 situations in which an applicant for a public benefit is seeking a public
					 benefit directly from the Department, the Department shall perform the
					 verification of eligibility.
(b)
					 Each sponsor, including local governmental entities, shall perform the tenant
					 verifications required pursuant to this section as part of its ongoing project
					 management responsibilities. Each such project sponsor, or the department where
					 it has performed the verification of eligibility, shall maintain the
					 appropriate documentation as part of each public beneficiary's program file. In
					 the case of governmental sponsors, where an applicant's eligibility for a
					 public benefit has already been verified as part of an eligibility process for
					 another federal, state, or local program subject to PRAWORA, that verification
					 shall be deemed adequate for purposes of this subchapter and documentation of
					 the verification shall be maintained in the public beneficiary's
					 file.
(c) Any sponsor that verifies
					 eligibility may consider the costs involved in performing the verifications to
					 be a project expense; and may charge applicants, but not existing tenants, a
					 reasonable fee for determining eligibility.
(d) The Department shall charge a fee not to
					 exceed $13, for each verification it performs.
(e) The Department shall not be liable for
					 any action, delay, or failure of the INS in conducting the Systematic Alien
					 Verification for Entitlements (SAVE) system or other verification
					 process.
1. New
						article 3 (sections 6939-6939.4) and section filed 9-9-98; operative 9-9-98
						pursuant to Government Code section 11343.4(d) (Register 98, No.
						37).
Note: Authority cited: Sections 50402, 50406, 50406(f),
						  (h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5,
						  50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR
						  570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. §§
						  1621, 1622, 1625, 1641 and 1642.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 3 - Procedures for Determining and Reporting Eligibility › Section 6939.4 - Appeal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person determined to be ineligible to
					 receive benefits may appeal such determination as provided by this
					 section.
(b) To be considered, an
					 appeal:
(1) must be submitted in writing to
					 the entity (department, sponsor, or local government) that performed the
					 eligibility verification;
(2) must
					 be either hand delivered or postmarked within 10 calendar days from the date of
					 the written determination of ineligibility; and
(3) must state the reason(s) the person
					 believes the determination was in error.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 1 - General Provisions › Section 6940 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The guidelines adopted herein implement the requirements
						of the California Environmental Quality Act of 1970 (CEQA), Public Resources
						Code Section 21000 et seq., and the State EIR Guidelines issued by the
						Resources Agency, Title 14 of the California Administrative Code, Division 6,
						Chapter 3.
1. New
						Subchapter 3, Articles 1-7 (Sections 6940-6999, not consecutive) filed 7-11-80;
						effective thirtieth day thereafter (Register 80, No. 28).
2.
						Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21082, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 1 - General Provisions › Section 6941 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The basic purpose of these guidelines is to carry out the
						intent of the Legislature that the Department, in regulating activities of
						private individuals, corporations, and public agencies, shall give major
						consideration to preventing environmental damage, while providing a decent
						house and a satisfying living environment for every
						Californian.
1.
						Amendment filed 5-5-82; designated effective 6-2-82 pursuant to Government Code
						Section 11346.2(d) (Register 82, No. 19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21082, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 1 - General Provisions › Section 6942 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These Guidelines apply to activities undertaken directly
						by the department, activities financed by the department, and private
						activities which require departmental approval.
1.
						Amendment filed 5-5-82; designated effective 6-2-82 pursuant to Government Code
						Section 11346.2(d) (Register 82, No. 19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 2 - Definitions › Section 6950 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of these regulations, the following
						definitions shall apply:
"Approval" means the decision by the department which
						commits the department to a definite course of action in regard to a project.
						With respect to activities to be carried out by other agencies or persons,
						approval occurs when the department contracts or commits to issue a grant,
						loan, permit, certificate or other entitlement for use of the project.
"Lead Agency" means the public agency which has the
						principal responsibility for carrying out or approving a project. If the
						project is to be carried out by a nongovernmental person, the Lead Agency shall
						be the public agency with the greatest responsibility for supervising or
						approving the project as a whole. Where the department is Lead Agency, it will
						prepare the environmental documents for the project, either directly or by
						contract, except as otherwise provided by department regulations. In the event
						that the designation of Lead Agency is in dispute, the department and other
						public agencies should consult with each other to determine who is Lead Agency.
						Any disputes with another department within the Business and Transportation
						Agency shall be resolved by the Secretary. If the department cannot agree on
						Lead Agency with any other public agency, the State Office of Planning and
						Research will be the final arbiter to resolve the designation of Lead
						Agency.
"Ministerial Projects" includes activities defined as
						projects which are undertaken or approved by a decision which an agent of the
						department makes upon a given state of facts in a prescribed manner pursuant to
						a legal mandate. A ministerial decision involves only the use of fixed
						standards or objective measurements without personal judgment.
The following definitions shall have the same meaning as
						defined in Title 14, California Administrative Code, Chapter 3, Article 4,
						Sections 15020-15043: "Categorical exemption," "Emergency," "Environment,"
						"Environmental documents," "Draft EIR," "Final EIR," "Environmental Impact
						Statement (EIS)," "Initial Study (IS)," "Negative Declaration (ND)," "Notice of
						Determination," "Notice of Exemption," "Notice of Preparation," "Project,"
						"Responsible Agency," and "Significant effect on the
						environment."
1.
						Amendment filed 5-5-82; designated effective 6-2-82 pursuant to Government Code
						Section 11346.2(d) (Register 82, No. 19).
2. Editorial correction
						filed 10-19-82 (Register 82, No. 43).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Sections
						  15020-15043.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 3 - Exempt Activities › Section 6960 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CEQA either does not apply to the following activities or
						they are exempt from CEQA and do not require an Initial Study, Negative
						Declaration or EIR.
(a) Activities
					 which are not projects. See definition of "project."
(b) Projects with no significant
					 environmental effect, i.e., where it can be seen with certainty that there is
					 no possibility that the activity may have a significant effect on the
					 environment.
1.
						Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 3 - Exempt Activities › Section 6961 - Statutory Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following projects are statutorily exempt from
						CEQA:
(a) Emergency Projects. A Notice
					 of Exemption shall be filed for the following exempt activities:
(1) Projects undertaken, carried out, or
					 approved by a public agency to maintain, repair, restore, demolish or replace
					 property or facilities damaged or destroyed as a result of a disaster in a
					 disaster stricken area in which a state of emergency has been proclaimed by the
					 Governor.
(2) Emergency repairs to
					 public service facilities necessary to maintain service.
(3) Specific actions necessary to prevent or
					 mitigate an emergency.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 4 - Procedures for Compliance with CEQA › Section 6970 - CEQA Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director of the department shall appoint a CEQA
						officer to be responsible for all of the functions in this article, except as
						otherwise noted. The person or committee approving any departmental activity
						which is a project under CEQA shall review and consider the environmental
						documents and make appropriate findings as specified in Section 6971 prior to
						approval of the project.
1.
						Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21100, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 4 - Procedures for Compliance with CEQA › Section 6971 - Procedure Where the Department is Lead Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. The department is the Lead
					 Agency if it has the principal responsibility for carrying out or approving a
					 project. (See Section 6950 for definition.) When acting as Lead Agency, the
					 department shall incorporate environmental considerations at the earliest
					 feasible stage in project planning. If the Department is acting as Lead Agency
					 for a project for which it will issue a lease, license, or permit, it must
					 determine whether the project will need an EIR or ND within 45 days after
					 accepting application as complete; it must adopt an ND not more 105 days after
					 such acceptance and an EIR in not more than one year. These time periods may be
					 waived when the project is also subject to the requirements of NEPA and the
					 conditions of Section 15054.2(b)(4) of the state EIR Guidelines are
					 met.
(b) Initial Steps. The
					 Department shall:
(1) Determine whether the
					 activity is a project and if CEQA applies to the project. If it can be seen
					 with certainty that there is no possibility that the activity may have a
					 significant effect on the environment, the department may proceed without
					 consideration of environmental requirements.
(2) Determine if the project is exempt as:
a) an emergency project,
b) a ministerial project, or
c) a categorical exemption. If it is exempt,
					 file a Notice of Exemption with the Secretary of Resources (Appendix
					 C).
(3) Determine if
					 project will clearly have a significant effect on the environment (See Section
					 6990). If so, no Initial Study is necessary; rather, proceed to
					 EIR.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 4 - Procedures for Compliance with CEQA › Section 6972 - Assumption of Lead Agency Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department, acting as a Responsible Agency, must
						assume the responsibilities of Lead Agency when the following conditions occur:
						the Lead Agency fails to prepare an EIR, inadequately prepares an EIR without
						consulting the department, or a subsequent EIR is required and the statute of
						limitations for challenging the Lead Agency's action under CEQA has expired
						(see Section 15065.3 of State EIR Guidelines). The Department may charge and
						collect fees if it prepares an EIR or an ND for projects for which it is the
						Lead Agency but not the implementing agency.
1.
						Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 4 - Procedures for Compliance with CEQA › Section 6973 - Procedure Where the Department is a Responsible Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. Where the Department is the
					 responsible agency (see definition Section 6950), it must require any local
					 agency that is the Lead Agency to prepare environmental documents and submit
					 them with the request for project approval. The Department must ensure that the
					 environmental documents that it uses in reviewing the project comply with CEQA.
					 The Department shall encourage a Lead Agency to incorporate environmental
					 considerations at the earliest feasible stage in project planning and remind it
					 of its obligation to consult and respond to consultation prior to development
					 of environmental documents. The Department shall explain its reasons for
					 recommending whether an EIR or an ND should be prepared, including the
					 identification of potential environmental effects.
(b) Procedure. The Department shall:
(1) Respond to a consultation request by the
					 Lead Agency regarding whether to prepare a ND or an EIR.
(2) No later than 45 days after receiving a
					 Notice of Preparation for an EIR, send a written reply by certified mail or
					 another method that will provide a record of receipt, specifying the scope and
					 content of environmental information germane to its responsibilities.
(3) Review and comment on draft EIR's and
					 Negative Declarations for projects which it would later be asked to
					 approve.
(4) In those instances in
					 which it believes that the EIR or ND is inadequate and the Lead Agency does not
					 concur with this assessment, the Department must take the issue to court within
					 30 days after Notice of Determination was filed, prepare a subsequent EIR (if
					 permissible under Section 15067 of the State EIR Guidelines) or be deemed to
					 waive objections to the document's adequacy.
(5) Consider environmental effect of the
					 project as shown in EIR or ND prior to reaching a decision on project. The
					 Department shall not approve a project as proposed if there is any feasible
					 alternative or mitigation measure within its powers that would substantially
					 lessen any significant effect the project would have on the
					 environment.
(6) Prepare Findings
					 for Significant Environmental Effects (see Section 6993).
(7) Prepare Statement of Overriding
					 Considerations (Section 6984) where environmental effects cannot be mitigated
					 and the Department decides to approve the project (see Section 6994).
(8) File a Notice of Determination with the
					 Secretary of Resources for those projects which the Department determines to
					 approve or carry out (Appendix B).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 4 - Procedures for Compliance with CEQA › Section 6974 - Procedure for Federal Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
General. When the Department officially comments on a
						proposed federal project which may have a significant effect on the
						environment, the comments shall include description of Environmental Impact
						(see Section 6998).
1.
						Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21101, Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 5 - Application to Developmental Activities › Section 6980 - Exemption for Financial Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (b),
					 CEQA shall not apply to actions taken by the Department to provide financial
					 assistance for the development and construction of residential housing for
					 persons and families of low or moderate income, as defined in Section 50093 of
					 the Health and Safety Code. The Department shall be exempt from CEQA for
					 activities relating to reviewing and acting upon applications and disbursing
					 funds for such financial assistance for land banking and acquisition,
					 predevelopment expenses, project design, housing construction costs, financing,
					 and any other expenses related to the development and construction of such
					 housing. This exemption applies only to actions taken by the Department of
					 Housing and Community Development, and shall not relieve any other public
					 agency, when applying for such financial assistance from the Department, from
					 its responsibility to comply with the provisions of CEQA.
(b) The provisions of CEQA shall apply to
					 actions taken by the Department to provide loans and grants pursuant to its
					 programs if the project which is the subject of the application for financial
					 assistance will not be subject to environmental review pursuant to CEQA by
					 another public agency and if the project is not otherwise exempt from CEQA
					 review by the Department. The Department shall become Lead Agency and take
					 responsibility for preparation of environmental documents only when no other
					 public agency must prepare such documents prior to construction of the
					 housing.
1.
						Renumbering of Section 6980 to Section 6981 and new Section 6980 filed 5-5-82;
						designated effective 6-2-82 pursuant to Government Code Section 11346.2(d)
						(Register 82, No. 19).
Note: Authority cited: Section 21082, Public Resources
						  Code. Reference: Title 14, CAC, Section 15050; and Section 21080.10(b), Public
						  Resources Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 5 - Application to Developmental Activities › Section 6981 - Division of Research and Policy Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following activities are not
					 projects:
(1) Study and evaluation of housing
					 market conditions, the housing industry, public and private housing programs,
					 etc.
(2) Training
(3) Technical assistance
(4) Public Information and service
(5) Review of activities, applications, etc.,
					 where HCD is not the funding agency
(6) Legislative analyses and
					 proposals.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 5 - Application to Developmental Activities › Section 6982 - Division of Community Affairs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following activities are not
					 projects:
(1) Program monitoring and
					 evaluation,
(2) Training,
(3) Technical assistance, including loan
					 packaging assistance,
(4) Inventory
					 of surplus lands,
(5) The
					 Low-Income Home Management Training Program,
(6) Housing Assistance for the Disabled and
					 Elderly,
(7) The Rural/Land
					 Purchase Program,
(8) California
					 Housing Advisory Service.
(9) Loans
					 under the Homeownership Assistance Program involving financial assistance to
					 purchasers of shares in existing mobilehome cooperative
					 units.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 3 - California Environmental Quality Act › Article 5 - Application to Developmental Activities › Section 6983 - Division of Codes and Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following activities are not
					 projects:
(1) Employee housing operating
					 permits,
(2) Mobilehome park
					 operating permits,
(3) Mobilehome
					 titling and registration,
(4)
					 Mobilehome occupational licensing.