reglab/statecodes huggingface dataset:
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 9 - Calhome Program Requirements › Article 8 - Development Loan Requirements › Section 7744 - Site Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be eligible to apply for a homeownership development
						project loan, the applicant shall have site control of the proposed project
						property as evidenced by one of the following:
(a) fee simple title;
(b) an enforceable option to purchase, which
					 shall extend, or may be extended, for a minimum of 120 days beyond the deadline
					 for application submittal;
(c) a
					 disposition and development agreement with a public agency;
(d) a sales contract, or other enforceable
					 agreement for the acquisition of the property; or
(e) a leasehold interest, or an enforceable
					 option to lease. The option to lease shall extend for a minimum of 120 days
					 beyond the deadline for application submittal. The leasehold term must be for a
					 minimum of 40 years. The leasehold must have provisions that enable the
					 lessee(s) to make improvements on and encumber the property for a term
					 sufficient to secure the CalHome lien; or
(f) other forms of site control that give the
					 department equivalent assurance that the project will be able to proceed
					 without inordinate delay.
1. New
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n) and 50650.2,
						  Health and Safety Code. Reference: Section 50650.3(b), 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 9 - Calhome Program Requirements › Article 8 - Development Loan Requirements › Section 7745 - Maximum Development Loan Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum project development loan amount shall be
						published in the current NOFA.
1. New
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n) and 50650.2,
						  Health and Safety Code. Reference: Sections 50650.3(b) and 50650.7, 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 9 - Calhome Program Requirements › Article 8 - Development Loan Requirements › Section 7746 - Development Loan Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All CalHome Program development loans shall be secured by the project real
					 property and improvements, subject only to liens, encumbrances and other
					 matters of record which have been reviewed and approved by the Department on a
					 case-by-case basis.
(b) The
					 development loan term shall end no later than the date specified in the
					 Standard Agreement.
(c) Principal
					 and interest payments shall be deferred for the term of the development
					 loan.
(d) Development loans shall
					 be repayable at permanent closings of the individual homebuyer CalHome Program
					 loans or at the development loan maturity date, whichever occurs first. The
					 portion of development loan repayments that are used to provide mortgage
					 assistance to qualified first-time homebuyers will be converted to a grant to
					 the Recipient. The balance of the development loan will be repaid to the
					 Department.
(e) Development loans
					 shall bear interest at the rate of six percent simple interest per annum. The
					 Department may forgive accrued interest on a pro rata basis to the extent that
					 the number of lower-income households originally proposed to be served, have
					 been served upon completion of the project.
1. New
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n) and 50650.2,
						  Health and Safety Code. Reference: Sections 50650.3(b) and 50650.7, 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 9 - Calhome Program Requirements › Article 8 - Development Loan Requirements › Section 7747 - Development Loan-to-Value Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Loan-to-value limits include all liens recorded or to be
						recorded on the project property.
(a)
					 When development loan funds are used for the purchase of unimproved real
					 property, the loan-to-value ratio shall not exceed one hundred (100) percent of
					 the unimproved appraised value.
(b)
					 When development loan funds are used for the purchase of improved real
					 property, the loan-to-value ratio shall not exceed one hundred (100) percent of
					 the improved appraised value.
(c)
					 When development loan funds are used for predevelopment or site improvement
					 costs, the loan-to-value ratio shall not exceed 100 percent of the appraised
					 land value, plus predevelopment and/or site improvements costs.
1. New
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n) and 50650.2,
						  Health and Safety Code. Reference: Sections 50650.3(b) and 50650.7, 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 9 - Calhome Program Requirements › Article 8 - Development Loan Requirements › Section 7748 - Development Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to disbursement of development loan
					 proceeds:
(1) the developer borrower shall be
					 the sole owner of the development site or upon close of purchase escrow when
					 CalHome funds are being used for site acquisition;
(2) the developer borrower shall have a firm
					 financing commitment(s) for all costs to complete the development;
(3) the Department shall have approved a
					 final construction budget that ensures that the estimated sales price of the
					 homes to be constructed:
(i) do not exceed
					 the limits established in the NOFA; and
(ii) can reasonably be expected to be
					 affordable to eligible buyers; and
(4) the developer borrower shall have met all
					 other Department conditions for disbursement as stated in the Standard
					 Agreement required by Section 7752(a).
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 9 - Calhome Program Requirements › Article 9 - Application Procedures › Section 7749 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Department shall periodically issue a NOFA that specifies, among other
					 things, the amount of funds available, the minimum/maximum application amount,
					 the minimum/maximum activity amount, minimum/maximum amount per assisted unit,
					 the maximum reimbursement amount per shared housing match, the maximum sales
					 price/value limit which will represent 100% of the current local median sales
					 price of a single family home, minimum number of units per homeownership
					 development project, application requirements, the activities eligible for
					 funding, the number of activities that may be applied for in one application,
					 the allocation of rating points, the deadline for submittal of applications,
					 the schedule for rating and ranking applications and awarding funds, and the
					 general terms and conditions of funding commitments.
(b) In order to implement goals and purposes
					 of the CalHome Program, the Department may adopt measures to direct funding
					 awards to designated local program types or project types including, but not
					 limited to local programs or projects that: are utilizing self-help labor; are
					 utilizing volunteer labor; involve a construction skills training program;
					 contribute toward community revitalization; or are located in rural areas or
					 other areas to achieve a reasonable geographic distribution of funding, to the
					 extent feasible. Such measures may include, but are not limited to:
(1) issuing a separate NOFA for designated
					 local program or project types;
(2)
					 awarding bonus points to designated local program or project types within a
					 particular NOFA;
(3) reserving a
					 portion of funds in the NOFA for designated local program or project types;
					 and/or
(4) notwithstanding anything
					 in these regulations to the contrary, a separate NOFA issued pursuant to this
					 subsection may establish an over-the-counter application process meaning the
					 Department continuously accepts and rates applications until the funding
					 available under the NOFA is exhausted. At a minimum, a separate NOFA shall
					 include a description of the application process and funding conditions, shall
					 require compliance with paragraph (a) of this Section, and shall establish
					 minimum funding threshold criteria based on the rating criteria set forth in
					 subdivision 7741.
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 9 - Calhome Program Requirements › Article 9 - Application Procedures › Section 7750 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application shall be made in a format provided by the
						Department. The Department shall request the following information:
(a) Applicant identification information
					 including: name, address, telephone number, contact person and, for nonprofit
					 corporations, corporate governing documents and financial information (e.g.,
					 articles and by laws, certificate of good standing, confirmation of 501(c)(3)
					 status, audited financial statements), and list of legislative representatives
					 for the area where the program or project will be undertaken.
(b) Governing board resolution which legally
					 authorizes the application.
(c)
					 Certification that the applicant: has the authority to undertake the activities
					 applied for; that it does not have any unresolved Department audit findings nor
					 pending lawsuits; that if the application is for a construction project,
					 construction work has not yet begun; and that it agrees to comply with all
					 program requirements.
(d) Project
					 or program description including: amount applied for, number of units or
					 households to be assisted, income levels of households to be assisted,
					 description of prior experience with the type of program or project applied
					 for, geographic location of the activities, financing sources and uses, and
					 description of any contributed labor.
(e) For development projects, the description
					 of the project also shall include: a description of how the applicant has site
					 control; the status of all local government approvals; availability of on and
					 off site improvements and utilities; soil condition and environmental
					 conditions; project costs; unit description in terms of size, number of
					 bedrooms; per unit construction cost; estimated sales price and sources of
					 financing; estimated monthly housing costs of purchasers; and description of
					 the homebuyer education program.
(f) A description of how the applicant will
					 comply with the requirements for local program administration set forth in
					 Section 7721 applicable to the program or project being applied for.
1. New
						section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
						section 11343.4 (Register 2003, No. 40).
Note: Authority cited: Sections 50406(n) and 50650.2,
						  Health and Safety Code. Reference: Section 50650.7, 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 9 - Calhome Program Requirements › Article 9 - Application Procedures › Section 7751 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Applications shall not be considered for funding unless the application is
					 received by the deadline as stated in the NOFA and demonstrates that all of the
					 following conditions exist:
(1) The
					 application contains substantially all of the information required by Section
					 7750 and contains sufficient information to allow the Department to apply the
					 rating factors set forth in subsection (b) of this Section.
(2) the applicant is eligible;
(3) the applicant proposes an eligible
					 activity;
(4) the applicant
					 proposes an eligible use of the funds;
(5) the applicant does not have any
					 unresolved audit findings for prior Department or federally-funded housing or
					 community development projects or programs;
(6) the applicant has no pending lawsuits
					 that would impact implementation of the program or project for which funding is
					 being requested;
(7) if the
					 application is for a development project, construction on the project has not
					 yet begun; and
(8) the proposed
					 program or project is consistent with any special terms and conditions of the
					 NOFA (e.g., maximum amounts for downpayment assistance, sales price,
					 development 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 9 - Calhome Program Requirements › Article 10 - Program Operations › Section 7753 - Disbursement of Grant and Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CalHome Program funds shall be disbursed
					 on an advance basis. Details of the process for advance disbursements will be
					 published in the current NOFA, and shall be included in all Standard
					 Agreements. Advances may include, but are not limited to:
(1) homeownership project development loan
					 disbursements;
(2) advances of up
					 to 25% of the award for self-help and shared housing technical
					 assistance;
(3) advances for
					 Owner-Occupied Rehabilitation programs up to the amount of the Recipient's
					 anticipated volume of closed loans for the following sixty days; or
(4) advances to escrow for mortgage
					 assistance loans.
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 9 - Calhome Program Requirements › Article 10 - Program Operations › Section 7754 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the term of the Standard Agreement
					 and no later than thirty (30) days after the end of each calendar quarter, the
					 Recipient shall submit to the Department a performance report which shall
					 address the following topics;
(1) Description
					 of current status of program activity, including number of units
					 assisted,
(2) Description of
					 activities to be undertaken in the next reporting period,
(3) Description of problems or delays
					 encountered in program implementation, and course of action taken to address
					 them,
(4) Description of actions to
					 achieve program expenditure deadlines,
(5) Summary of program fiscal status,
					 including:
(A) Award amount,
(B) Funds drawn, and,
(C) Remaining
					 balance.
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 9 - Calhome Program Requirements › Article 10 - Program Operations › Section 7755 - Performance Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For all local program activities:
(1) One
					 hundred (100) percent of funds must be expended within thirty-six (36) months
					 of the date of the award of funds by the Department. If this goal is not met:
(A) the remaining unused funds shall be
					 disencumbered by the Department; and
(B) if less than ninety-five (95) percent of
					 the funds are expended at the end of the 36th month, the Recipient's next
					 application for funding under the CalHome Program shall receive a penalty
					 deduction in the total points awarded pursuant to the current
					 NOFA.
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 9 - Calhome Program Requirements › Article 10 - Program Operations › Section 7756 - Defaults and Loan Cancellations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding commitments may be canceled by
					 the Department under any of the following conditions:
(1) the objectives and requirements of the
					 CalHome Program cannot be met;
(2)
					 implementation of the local program or project cannot proceed in a timely
					 fashion in accordance with the timeframes established in the Standard
					 Agreement; or
(3) funding
					 conditions have not been fulfilled within required time
					 periods.
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 7800 - Scope and Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These regulations implement and interpret
					 the Rental Housing Construction Program, Sections 50735 through 50770,
					 inclusive, of the Health and Safety Code. They establish procedures for the
					 disbursement of development and subsidy funds and establish policies and
					 procedures for use of these disbursements to provide affordable housing under
					 the Program. They also delegate authority for the initial recommendation of
					 approval, rejection, amendment, and termination of loans or grants, with the
					 exception of emergency loans and loans and grants to the Agency, from the
					 Director of the Department of Housing and Community Development to the
					 Committee referred to in this subchapter.
(b) The program is divided into three main
					 components, designated as
(1) the sponsor
					 development component,
(2) the
					 rights of occupancy component, and
(3) the housing authority component, each of
					 which is financed by the development payments account. In addition, these are
					 complemented by the annuity fund, the management reserve account, and the
					 feasibility account.
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 7801 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this subchapter or the Program, or
						the application thereof to any person, entity or circumstances, is held
						invalid, such invalidity shall not affect other provisions or applications of
						the part which can be given effect without the invalid provision or
						application, and to this end the provisions of this subchapter are
						severable.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 1 - General › Section 7804 - Priorities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Priorities for allocation of Program funds for applicants
						shall be in accordance with the Department's guidelines for a rating system,
						and for the Agency, in accordance with the explanation by the Agency consistent
						with the requirements of this subchapter, which will give priority to housing
						developments which:
(a) are of the
					 lowest cost possible, given Program requirements and local market
					 conditions,
(b) incorporate
					 innovative or energy-efficient design and construction techniques and higher
					 densities, where such techniques and densities result in lower costs without
					 reducing the quality of the housing.
(c) complement the implementation of a local
					 housing program intended to increase the housing supply for persons and
					 families of low or moderate income.
(d) have been subsidized beyond minimum
					 requirements by
(1) funds, services or land
					 contributed or received by the sponsor, or in the case of the housing authority
					 development component by the local housing authority, or
(2) an allocation of Community Development
					 Block grant funds for eligible expenditures including but not limited to rent
					 subsidies, site acquisition, development costs and construction
					 costs,
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 7806 - Calculation of Affordable Rents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of the Program, rent for
					 the assisted units shall include all regular charges paid to a sponsor or local
					 housing authority by an eligible household for the use and occupancy of an
					 assisted unit in a rental housing development.
(b) Rent payable for assisted units occupied
					 by very low income households shall be deemed affordable for the purposes of
					 the Program if, including an allowance for utility costs, it does not exceed
					 the greater of:
(1) A "base rent" of
					 twenty-five percent (25%) of the amount payable to specific household sizes
					 pursuant to Section 11453 of the Welfare and Institutions Code, as adjusted
					 annually pursuant to Section 11453 of the Welfare and Institutions Code, and
					 the size of the unit, as set forth below
1-BR Unit-2 person household
2-BR Unit-2 person household
3-BR Unit-4 person household
4-BR Unit-6 person household
5-BR Unit-8 person household
or, if higher,
(2) twenty-five percent (25%) of the income
					 of such household.
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 7808 - Component Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Fund is to be allocated to four component accounts, the Development
					 Payments Account, the Annuity Fund Account, the Feasibility Account, and the
					 Management Reserve Account. The Management Reserve Account shall consist of
					 4(four) percent of the amount in the Fund as of January 1, 1980. The Department
					 shall allocate the remainder of the Fund to the remaining Accounts in such a
					 way so as to ensure that the maximum number of assisted units is developed and
					 maintained at affordable rents and not less than 20 percent of the Fund is
					 allocated for annuity fund payments.
(b) The Department may direct the transfer of
					 funds from one account to another consistent with legal requirements.
1.
						Amendment of subsection (a) 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).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50738, 50740, and 50748, 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 10 - Rental Housing Construction Program › Article 2 - Program Requirements › Section 7810 - Eligibility of Sponsors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 the time of application for assistance for a proposed rental housing
					 development, the applicant shall certify to the Department that the sponsor of
					 the proposed rental housing development has or will have the capability to
					 construct, or own and manage, such development in accordance with the criteria
					 set out in subdivision (b).
(b) In
					 determining the capability of a sponsor under this section, the Department and
					 Agency or applicant shall take into account at least the following criteria:
(1) administrative capability,
(2) the sponsor's previous experience in
					 design, construction and management of multi-family rental housing or the
					 experience in such design, construction and management of staff or consultants
					 employed or to be employed by the sponsor, taking into account the size and
					 complexity of the proposed development,
(3) financial capability, and
(4) the possession of sufficient assets or
					 credit to provide adequately for the predevelopment costs of the proposed
					 rental housing development, and contingent expenses.
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 2 - Program Requirements › Section 7812 - Eligible Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
					 be eligible for assistance under sponsor development component, the applicant
					 must be the Agency or a local finance entity and a project must be a rental
					 housing development with a sponsor and financed with below-market interest rate
					 financing. In the rental housing development, no less than thirty percent (30%)
					 of the units will be assisted units and no less than twenty percent (20%) of
					 the units shall be available on a priority basis to or occupied by very low-
					 income households, including all households with income equal to or less than
					 fifty percent (50%) of the area median income adjusted for family
					 size.
(b) To be eligible for
					 assistance under the rights of occupancy component, a project must be a rental
					 housing development with a sponsor in which a local housing authority will
					 obtain rights of occupancy to at least thirty percent (30%) of the units, and
					 no less than twenty percent (20%) of the units shall be available on a priority
					 basis to or occupied by very low-income households, including all households
					 with income equal to or less than fifty percent (50%) of the area median income
					 adjusted for family size.
(c) To be
					 eligible for assistance under the housing authority development component, a
					 project must be a rental housing development:
(1) to be developed, constructed, owned and
					 operated by a local housing authority;
(2) in which all of the units will be
					 available to or occupied by eligible households at affordable rents;
					 and
(3) in which two-thirds of the
					 units will be available on a priority basis to or occupied by very low income
					 households, and one-third available on a priority basis to or occupied by other
					 low-income households.
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 2 - Program Requirements › Section 7814 - Relocation Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event a tenant or owner is displaced because a
						local government or housing authority acquires property for a development
						assisted by the Program, the Relocation Guidelines, Title 25, California
						Administrative Code, Section 6000 et seq., apply to any displacement that
						results from such acquisition. With respect to any other residential tenants
						(not owner-occupants) who will be permanently or temporarily relocated due to a
						development assisted by the Program other than the right of occupancy
						component, but who are not assisted under the Guidelines, the following
						requirements will apply.
(a) Such
					 tenants are eligible for relocation assistance and benefits described in this
					 section if they are displaced after approval for financing by a local finance
					 entity or the Agency unless the tenancy is terminated thereafter for good cause
					 as set forth in Section 7860 or they take occupancy after the approval for
					 financing with notice from the sponsor of the approval and potential
					 displacement.
(b) Within a
					 reasonable period of time prior to displacement, each tenant to be permanently
					 relocated will be provided a reasonable choice of suitable replacement housing.
					 "Suitable replacement housing" is:
(1) Decent,
					 safe, and sanitary, and affordable as set forth in Section 7806, and
(2) In a location that is not generally less
					 desirable than the location of the displaced tenant's existing dwelling with
					 respect to public utilities, commercial and public facilities, social and
					 economic characteristics, and the tenant's place of employment (or to sources
					 of employment if the tenant is unemployed but employable).
Each tenant will be reimbursed by the owner for
						reasonable moving and related expenses as set forth in Section 6090 or may
						receive, at the discretion of the tenant, a fixed payment as set forth in
						Section 6098.
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 2 - Program Requirements › Section 7816 - Program Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as set forth in Sections 7824 or
					 7874, no development payment under the sponsor development or housing authority
					 development component shall exceed the lesser of:
(1) one hundred percent (100%) of the
					 development cost of a rental housing development, and
(2) the amount required when considered with
					 below market rate financing to enable the construction of the rental housing
					 development or ensure the economic feasibility of affordable rents for the
					 assisted units.
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 2 - Program Requirements › Section 7818 - Assistance Payment Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the development assistance payments
					 are made by way of a loan, a deed of trust in favor of the Department, or in
					 the case of payments made through the Agency, in favor of the Agency, securing
					 said loan and the conditions of the regulatory agreement shall be executed
					 which shall create a first or second lien on the housing development with
					 respect to which said loan is made and shall be executed and recorded in
					 accordance with existing applicable laws.
(b) If the development assistance payments
					 are made by way of a grant, the regulatory agreement shall provide that failure
					 to operate the development in accordance with the requirements of the Program
					 shall be deemed to be a violation of the regulatory agreement and shall subject
					 the sponsor to the procedure set forth therein.
(c) The provisions of Sections 7870, and
					 7892, as applicable, shall apply to the deed of trust or regulatory
					 agreement.
(d) Contemporaneously
					 with the execution and recordation of the deed of trust or regulatory
					 agreement, the Agency or local finance entity shall cause to be recorded, or
					 referenced to a recorded document, in the office of the county recorder of the
					 county in which the assisted units are located, the document(s) evidencing the
					 loan or a grant and conditions therein. It shall be indexed by the recorder in
					 the Grantor Index to the name of the grantee and in the Grantee Index to the
					 name of the State of California, and shall include a legal description of the
					 assisted property that is the subject of the document(s).
(e) The obligations of the sponsor under the
					 regulatory agreement shall provide the responsible agency with regulatory
					 authority that is separate and distinct from, and is not dependent or
					 conditioned upon, any financial interest or claim that such agency might
					 otherwise have with respect to the sponsor on account of the development
					 assistance payments.
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.
						15).
3. Amendment of subsection (a) 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 50746, 50755, 50765, 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 10 - Rental Housing Construction Program › Article 3 - Development Standards › Section 7820 - Eligibility of Loan Finance Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the Department makes a conditional
					 commitment to a local finance entity, it shall certify after receipt and review
					 of an application that such entity has the capability of:
(1) ensuring the feasibility of the rental
					 housing development,
(2) monitoring
					 the design and construction of the rental housing development, and
(3) monitoring the management of the rental
					 housing development for a period of thirty (30) years or the term of the below
					 market interest financing, if any, whichever is greater.
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 3 - Development Standards › Section 7824 - Development Standards and Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All rental housing developments shall
					 conform to all applicable state and local building codes, zoning ordinances,
					 and general plan requirements. If a locality approves an exception to such
					 ordinances and requirements in order to facilitate construction of a rental
					 housing development, such a development shall be considered to be in compliance
					 with the requirements of this section.
(b) To the maximum extent feasible, the units
					 of a specific size and nature available to assisted and unassisted households
					 in a development shall be alike in size, design and characteristics and such
					 units shall not be segregated.
(c)
					 Amenities in the development generally must be limited to those which are
					 generally provided in conventional housing of modest design in the area. All
					 amenities will be subject to strict scrutiny by the Department. The use of
					 energy efficient construction techniques or materials, or more durable, high
					 quality materials to control or reduce maintenance, repair, or replacement
					 costs, will not be considered an excess amenity.
(d) The standards of this section shall be
					 utilized by the Department in applying priorities pursuant to Section
					 7804.
1.
						Amendment of subsections (b) and (c) 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).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 3 - Development Standards › Section 7826 - Site Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed project sites must be certified by the applicant
						as meeting the following criteria:
(a)
					 The site and neighborhood must be suitable for the type of housing
					 proposed.
(b) The site must be free
					 from severe environmental or social conditions, or such conditions must be
					 mitigated when the housing is completed.
(c) The housing must be accessible to
					 employment and to appropriate social, recreational, educational, commercial and
					 health services that are typically found in the market-rate residential
					 neighborhoods consisting largely of unassisted housing.
(d) The project must not be built on a site
					 that has occupied residential structures which would be razed or from which
					 residents would be permanently displaced, or has had such structures within the
					 six months prior to application to the applicant.
(e) The project may not be built in an area
					 identified as having special flood hazards unless the project is covered by
					 flood insurance.
1.
						Amendment of subsection (d) 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 No. 16).
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Sections 50737, 50737.5, 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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7830 - Prerequisites of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to submission of an application to
					 the Department, the sponsor, or the local housing authority in the case of an
					 application under the housing authority development component, shall have site
					 control of the site of the proposed rental housing development.
(b) Where the proposed rental housing
					 development is likely to contain more than fifty (50) assisted units, the
					 applicant shall give the Department advance notice of its proposed application.
					 Such notice shall be given as far in advance of the submission of the
					 application as possible, but generally no less than thirty (30) days before
					 such submission. Such notice shall not constitute a pre-application, but is
					 required to enable the Department to meet its regional and other allocation
					 quotas.
Note: Authority cited: Section 50737, Health and Safety
						  Code. Reference: Section 50737, 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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7834 - Applications for Annuity Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application for annuity fund payments
					 shall be made on the Department's application form and provide all required
					 information.
(b) When the
					 Department determines that assistance from the development payments account is
					 insufficient to provide affordable rents to eligible households in assisted
					 units, assistance may be authorized from the annuity fund.
(c) Annuity fund loan and grant closing shall
					 be concurrent with development payment(s) loan and grant closing.
(d) Assistance from the annuity fund shall be
					 used for the purpose of reducing rent levels in assisted units so that rents in
					 those units remain affordable to eligible households. Such assistance shall be
					 used to subsidize approved operating costs of the assisted units. "Operating
					 costs" means reasonable and justifiable costs for the following items:
(1) management, including a management fee
					 (which includes all indirect and direct costs of collecting rents and any
					 salary or other payment to an on-site manager), advertising, legal, accounting,
					 and telephone;
(2) operations,
					 including heating and lighting for common areas, water, elevator maintenance,
					 common area maintenance and supplies, garbage and trash removal, payroll and
					 payroll taxes, insurance, janitorial supplies, ground and drives maintenance,
					 exterminating, and office supplies;
(3) maintenance, including decorating and
					 repairs;
(4) vacancy
					 reserve;
(5) replacement
					 reserve;
(6) real estate
					 taxes;
(7) in the case of
					 cooperatives, an occupancy reserve which shall be for the purpose of providing
					 downpayment loans to occupants of assisted units within the cooperative;
					 and
(8) in the case of
					 cooperatives, a surplus payment reserve which shall be for the purpose of
					 reducing carrying charges to a household which initially occupied an assisted
					 unit within the cooperative and whose income exceeds the income limits
					 established by 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 10 - Rental Housing Construction Program › Article 4 - Application Procedure and Review › Section 7836 - Applications for Management Reserve Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for management reserve funds
					 shall be made on the Department's application form and provide all required
					 information.
(b) Assistance from
					 the management reserve account is available only to defray unavoidable cost
					 increases in maintenance, taxes, utility or management costs, or charges for
					 common areas and services, in order to maintain affordable rents in assisted
					 units. Management reserve funds may be used only to the extent that;
(1) the annuity fund payment projected for
					 the development is insufficient to provide rents that are affordable in the
					 assisted units,
(2) there are
					 insufficient annuity funds or excess rent revenues, and
(3) the sponsor can substantiate that the
					 need for such funds is the result of unexpectedly low rent payments,
					 extraordinary operational expenses, uninsured damages, or other extraordinary
					 or unforeseen expenses approved by the Department.
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 4 - Application Procedure and Review › Section 7838 - Applications for Feasibility Account Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for payments from the
					 feasibility account shall be made on the Department's application form and
					 shall provide all required information.
(b) Assistance from the feasibility account
					 shall be available to defray development costs or short-term operational costs
					 of non-assisted units if the Department determines that:
(1) additional payments are necessary to
					 ensure the economic feasibility of the development,
(2) without additional payments the
					 development could not or would not be undertaken, and
(3) sufficient funds are available to make
					 such payments and not more than 10% of the Fund would be used for such
					 payments.
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 4 - Application Procedure and Review › Section 7840 - Staff Review of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pre-applications will be reviewed to
					 determine if they are complete, accurate, and generally in compliance with this
					 subchapter. The Committee may establish application dates, prior to and
					 subsequent to which no applications will be accepted for processing.
(b) Program staff shall review all
					 pre-applications to determine their eligibility and the appropriateness of
					 providing assistance from the Fund.
(c) In conducting its review, program staff
					 shall, at a minimum:
(1) certify as to the
					 capability of the local finance entity and the sponsor, if any, in accordance
					 with Sections 7820 and 7812,
(2)
					 determine the priority of the pre-application under Section 7804,
(3) establish compliance with Section 7812(e)
					 and Department's Statewide Housing Plan,
(4) consider the allocation of assisted units
					 throughout the state in accordance with identified housing needs and Section
					 7816(b), and
(5) review other
					 relevant information to ensure that the application complies with the
					 requirements and intent of the Program.