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 19 - Uniform Multifamily Regulations › Section 8305 - Tenant Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sponsors shall select only Eligible
				  Households as tenants of vacant Assisted Units, using procedures approved by
				  the Department that include:
(1) reasonable
				  criteria for selection or rejection of tenant applications which shall not
				  discriminate in violation of any federal, state or local law governing
				  discrimination, or any other arbitrary factor;
(2) prohibition of local residency
				  requirements;
(3) prohibition of
				  local residency preferences, except where there is evidence satisfactory to the
				  Department that the preference as applied will comply with fair housing law
				  and:
(A) where accompanied by an equal
				  preference for employment in the local area and applied to areas not smaller
				  than municipal jurisdictions or recognized communities within unincorporated
				  areas, or
(B) where a local
				  ordinance grants a preference to neighborhood residents who have been or are
				  about to be displaced;
(4) tenant selection procedures that include
				  the following components, and that are available to prospective tenants upon
				  request:
(A) selection of tenants based on
				  order of application, lottery or other reasonable method approved by the
				  Department, including priority status under a local coordinated entry (also
				  known as centralized or coordinated assessment, or coordinated access) system
				  established pursuant to federal regulations governing the Continuum of Care
				  program, 24 Code of Federal Regulations, Part 578 (June 6, 2017) hereby
				  incorporated by reference;
(B) does
				  not encourage or require applicants to wait in a physical line;
(C) notification to tenant applicants of
				  eligibility for residency and, based on turnover history for Units in the
				  Rental Housing Development, the approximate date when a Unit may be
				  available;
(D) notification of
				  tenant applicants who are found ineligible to occupy an Assisted Unit of their
				  ineligibility and the reason for the ineligibility, and of their right to
				  appeal this determination;
(E)
				  maintenance of a waiting list of applicant households eligible to occupy
				  Assisted Units and Units designated for various tenant income levels, which
				  shall be made available to prospective tenants upon request;
(F) targeting specific Special Needs
				  Populations ("Special Needs Populations" has the same meaning as defined in
				  Section 7301(s)) in accordance with the Regulatory Agreement and applicable
				  laws; and
(G) affirmative fair
				  housing marketing procedures as specified in the Affirmative Fair Housing
				  Marketing Plan Compliance Regulations of the United States Department of
				  Housing and Urban Development, 24 CFR part 200.620(a)-(c), or similar
				  affirmative fair marketing housing plan as approved by the
				  Department.