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 10 - Rental Housing Construction Program › Article 1 - General › Section 7802 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are definitions governing the Program. They
						are supplemented by definitions in Subchapter 2 (commencing with Section 6910)
						of Chapter 6 of Title 25, California Administrative Code.
"Affordable rent" means rent determined by the Department
						to be affordable, in accordance with Section 7806.
"Agency" means the California Housing Finance
						Agency.
"Applicant" means a local finance entity or a housing
						authority seeking assistance from the Program or the Department acting as a
						local housing authority pursuant to law.
"Assisted unit" means a dwelling unit in a rental housing
						development or space in a mobilehome park available on a priority basis to or
						occupied by an eligible household at a rent which is affordable to that
						household as a result of assistance from the Program.
"Available to or occupied by on a priority basis" with
						respect to an assisted unit means a dwelling unit occupied by an eligible
						household or unoccupied and held out for rent on a priority basis to eligible
						households.
"Below market interest financing" means any of the
						following:
(1) A long-term loan made
					 by the agency with below-market interest, as defined by Section
					 50056.
(2) A long-term loan made by
					 a local finance entity at a below-market interest rate no higher than that
					 established from time to time by the Department, provided such rate shall not
					 exceed by more than one and one-half percent the interest rate on long-term
					 loans, if any, made by the Agency for rental housing development proposals
					 being submitted or processed for Department assistance under this chapter at
					 the same time.
(3) The use of
					 subsidies, assistance, or financing, other than as provided in paragraphs (1)
					 and (2), which reduce rent levels by an amount equivalent to that enabled by
					 long-term loans at the interest rate established for purposed of paragraph
					 (2).
(4) Subsidies, assistance, or
					 financing provided to the sponsor by or through the Agency or local finance
					 entity and which is a loan made at below-market interest by an agency of the
					 federal government.
"Code" means the California Health and Safety
						Code.
"Committee" means the Rental Housing Construction Program
						Committee established pursuant to Title 25, California Administrative Code,
						Section 6902(c).
"Department" means the California Department of Housing
						and Community Development.
"Development agreement" means a contract between an
						applicant and a sponsor in accordance with Section 7822 which regulates the
						construction of the rental housing development.
"Development costs" means the aggregate of all approved
						costs incurred in connection with construction of a rental housing development
						or rental unit, as the context requires, including:
(1) land acquisition, whether by purchase or
					 lease,
(2) the construction of the
					 rental units and related structures, including the costs of construction
					 financing,
(3) overhead, including
					 architectural, legal and accounting fees,
(4) off-site improvements, including sewers,
					 utilities and streets,
(5)
					 necessary on-site improvements,
(6)
					 relocation costs,
(7) long-term
					 financing fees
(8) rent-up and
					 marketing expenses, and
(9)
					 long-term financing costs where recommended by the Committee pursuant to
					 Section 7842(d), (g).
"Elderly household" means a family in which the head of
						the household is 60 years of age or older or a single person who is 60 years of
						age or older except that different age limitation may be utilized if federal
						funding is utilized and such funding requires a different limitation.
"Eligible household" means a very low-income household or
						other lower income household, as defined in Sections 6926 and 6928.
"Excess Rents" means the project income attributable to
						the assisted units in excess of approved operating expense attributable to the
						assisted units. Project income attributable to the assisted units shall include
						carrying charges pursuant to Section 7858(g) and (h).
"Fund" means the Rental Housing Construction Fund.
"Handicapped household" means:
(1) a single person or a family in which the
					 head of the household is suffering from an orthopedic disability impairing
					 personal mobility or a physical disability affecting the ability to obtain
					 employment, where the family or person requires special care or facilities in
					 the home, or
(2) a single person or
					 a family in which the head of household suffers from a developmental disability
					 specified in Section 38010(a) of the Code or a mental disorder which would
					 render him or her eligible to participate in programs of rehabilitation or
					 social services conducted by or on behalf of a public agency.
"Interagency operating agreement" means the contract
						between the Department and the Agency pursuant to Article 6 which regulates the
						relationship between the Department and the Agency.
"Local finance entity" means a redevelopment agency,
						local housing authority, city, county, city and county, or duly constituted
						governing body of an Indian rancheria, or any combination thereof, which
						proposes to provide or use below market interest financing or an equivalent
						subsidy for a rental housing development.
"Program" means the Rental Housing Construction Program
						and Chapter 9 (commencing with Section 50735) of Part 2 of Division 31 of the
						Health and Safety Code, and regulations promulgated thereunder.
"Regulated agreement" means a contract between the Agency
						or a responsible agency and a sponsor in accordance with Section 7822 which,
						establishes the respective rights and duties of the parties with respect to the
						development and payment therefor.
"Regulatory agreement" means a contract between the
						Agency or a responsible agency and a sponsor in accordance with Section 7822
						which, establishes the respective rights and duties of the parties with respect
						to the development and payment therefor.
"Rental housing development" means five or more rental
						dwelling units, including mobilehomes, on one or more sites assisted or sought
						to be assisted under the Program. "Rental housing development" also includes
						five or more mobilehome park spaces. For purposes of the Program, a stock
						cooperative or limited equity housing cooperative is a rental housing
						development.
"Responsible agency" means the local finance entity under
						the sponsor development component, the local housing authority under the rights
						of occupancy component, or the Department under the housing authority
						development component. It includes the Department where the Department has
						contracted with a local finance entity pursuant to Section 50750 of the
						Code.
"Rural area" means any open country or any place, town,
						village, or city which by itself and taken together with any other places,
						towns, villages, or cities that it is part of or associated with:
(1) has a population not exceeding 10,000
					 or
(2) has a population not
					 exceeding 20,000 and is contained within a nonmetropolitan area.
"Rural area" also includes any open country, place, town,
						village, or city located within a Standard Metropolitan Statistical Area if the
						population thereof does not exceed 20,000 and the area is not part of, or
						associated with, an urban area and is rural in character.
"Site control" includes actual ownership of a site, the
						right to purchase a site under a contract to purchase or option agreement, or
						such other control of the ownership or possession of a site as the Department
						considers satisfactory.
"Sponsor" means any individual, joint venture,
						partnership, limited partnership, trust, corporation, cooperative, local public
						entity, duly constituted governing body of an Indian rancheria, or other legal
						entity, or any combination thereof, certified pursuant to Section 7812 as
						qualified to own and manage or construct a rental housing development. A
						sponsor may be organized for profit or limited profit or be nonprofit.
"State contract" means the contract between the
						Department and an applicant in accordance with Section 7822 which regulates the
						conduct of those entities.
1.
						Amendment filed 11-13-80 as an emergency; effective upon filing (Register 80,
						No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days
						or emergency language will be repealed on 3-13-81.
2. Certificate of
						Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No.
						16).
3. Amendment filed 10-25-82; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 82, No.
						44).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50735 and 50737, Health and Safety
						  Code.