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 18 - Child Care Facilities Financing Program › Article 4 - Direct Loan Program › Section 8272 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the department utilizes a contractor to administer the
						direct loan program, the department authorizes the contractor to charge the
						applicant the following fees:
(a) At
					 the time of loan application, a nonrefundable application fee not to exceed two
					 hundred fifty dollar ($250.00).
(b)
					 At the time a direct loan is closed and funded, a loan origination fee not to
					 exceed one percent (1%) of the principal amount of the direct loan.
1. New
						section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99, No. 16).
						A Certificate of Compliance must be transmitted to OAL by 10-13-99 pursuant to
						Education Code section 8277.6 or emergency language will be repealed by
						operation of law on the following day.
2. New section refiled
						10-1-99 as an emergency; operative 10-13-99 (Register 99, No. 40). A
						Certificate of Compliance must be transmitted to OAL by 2-10-2000 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealed by operation of Government Code section 11346.1(g)
						(Register 2000, No. 9).
4. New section filed 2-2-2001; operative
						2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No.
						5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Sections 8277.5(e)(3) and 8277.6(g), Education
						  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 18 - Child Care Facilities Financing Program › Article 5 - Microenterprise Assistance Program › Section 8273 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
					 the microenterprise assistance program shall be to make child care facility
					 assistance more efficiently and effectively available to family child care
					 homes serving more than six (6) children by using intermediaries experienced in
					 serving microenterprises. A family child care home provider serving more than
					 six (6) children may apply for assistance under the guaranty program, the
					 direct loan program and/or this microenterprise assistance program.
(b) The department shall set aside not more
					 than fifteen percent (15%) from the allocation of funds to the Direct Loan Fund
					 (the "Microenterprise Set Aside") for the purpose of funding the
					 microenterprise assistance program.
1. New
						article 5 (section 8273) and section filed 4-16-99 as an emergency; operative
						4-16-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted
						to OAL by 10-13-99 pursuant to Education Code section 8277.6 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 5 (section 8273) and section refiled 10-1-99 as
						an emergency; operative 10-13-99 (Register 99, No. 40). A Certificate of
						Compliance must be transmitted to OAL by 2-10-2000 or emergency language will
						be repealed by operation of law on the following day.
3. Repeal of
						article 5 (section 8273) and section by operation of Government Code section
						11346.1(g) (Register 2000, No. 9).
4. New article 5 (section 8273)
						and section filed 2-2-2001; operative 2-2-2001 pursuant to Government Code
						section 11343.4(c) (Register 2001, No. 5).
Note: Authority cited: Section 8277.6(g), Education
						  Code. Reference: Section 8277.6(h), Education
						  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 19 - Uniform Multifamily Regulations › Section 8300 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  These regulations provide uniform standards and program rules for multifamily
				  rental housing developments assisted by the Department of Housing and Community
				  Development.
(b) When expressly
				  incorporated by reference, some or all of the provisions of this Chapter shall
				  apply to: the Joe Serna, Jr. Farmworker Housing Grant (JSJFWHG) Program
				  (Chapter 7, subchapter 3, commencing with Section 7200); the Multifamily
				  Housing Program (MHP) (Chapter 7, subchapter 4, commencing with Section 7300);
				  and the HOME Investment Partnerships (HOME) Program (Chapter 7, subchapter 17,
				  commencing with Section 8200). These regulations interpret and make specific
				  the following statutes applicable to these programs: Health and Safety Code
				  Division 31, Part 3.2, Chapter 2 (commencing with Section 50517.5), Chapter 6.7
				  (commencing with Section 50675), and Chapter 16 (commencing with Section
				  50896).
(c) The 2017 adoptions and
				  amendments to subchapter 19 shall be effective on November 15, 2017 and shall
				  apply prospectively to all standard agreements between the Department and
				  Sponsors that are executed or amended on or after the foregoing effective date
				  and are governed by the authorities set forth in subsection (b). These
				  agreements are subject to the standard contract format referenced in the
				  California State Contracting Manual.
1. New
					 subchapter 19 (sections 8300-8316) and section filed 9-29-2003; operative
					 9-29-2003 pursuant to Government Code section 11343.4 (Register 2003, No.
					 40).
2. Amendment of section and NOTE filed 11-8-2017; operative
					 11-15-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017,
					 No. 45).
Note: Authority cited: Sections 50406(n), 50517.5(a)(1),
						50517.5(a)(2), 50675.1(d), 50675.11 and 50896.3(b), Health and Safety Code.
						Reference: Sections 50517.5, 50675, 50896, 50896.1 and 50896.3, Health and
						Safety Code; and 24 CFR part 92.
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 8302 - Restrictions on Demolition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Proposed projects involving new
				  construction and requiring the demolition of existing residential Units are
				  eligible only if the number of bedrooms in the new Project is at least equal to
				  the total number of bedrooms in the demolished structures. The new Units may
				  exist on separate parcels provided all parcels are part of the same Rental
				  Housing Development meeting the requirements of Section 8303(b).
(b) The Department may approve exceptions to
				  subsection (a) where it determines that such exceptions will substantially
				  improve the livability of the remaining units, or serve some other compelling
				  public policy objective. For example, it may approve a reduction in the number
				  of single room occupancy (SRO) units where necessary to add private cooking and
				  bathing facilities, or a reduction in the number of bedrooms in public housing
				  necessary to meet federal requirements.
1. New
					 section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code
					 section 11343.4 (Register 2003, No. 40).
2. Amendment of section and
					 NOTE filed 11-8-2017; operative 11-15-2017 pursuant to Government Code section
					 11343.4(b)(3) (Register 2017, No. 45).
Note: Authority cited: Sections 50406(n), 50517.5(a)(1),
						50517.5(a)(3), 50675.1(d), 50675.11, 50896.1(a) and 50896.3(b), Health and
						Safety Code. Reference: Sections 50517.5(a)(1), 50517.5(d)(3), 50675.4, 50675.7
						and 50896.1(a), Health and Safety Code; and 24 CFR Section
						92.353(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 19 - Uniform Multifamily Regulations › Section 8303 - Site Control Requirements and Scattered Site Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of application, a Sponsor
				  must have site control of the of the proposed Project property, in the name of
				  the Sponsor or an entity controlled by the Sponsor, by one of the following
				  means:
(1) fee title, which, for tribal trust
				  land, may be evidenced by a title status report or an attorney's opinion
				  regarding chain of title and current title status;
(2) a leasehold interest on the Project
				  property with provisions that enable the lessee to make improvements on and
				  encumber the property provided that the terms and conditions of any proposed
				  lease shall permit, prior to loan closing, compliance with all Program
				  requirements, including compliance with Section 8316;
(3) an enforceable option to purchase or
				  lease which shall extend through the anticipated date of the Program award as
				  specified in the Notice of Funding Availability (NOFA);
(4) a disposition and development agreement
				  with a public agency;
(5) an
				  agreement with a public agency that gives the Sponsor exclusive rights to
				  negotiate with that agency for acquisition of the site, provided that the major
				  terms of the acquisition have been agreed to by both parties; or
(6) a land sales contract, or other
				  enforceable agreement for the acquisition of the property.
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 8304 - Unit Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Restricted Units shall not differ
				  substantially in size or amenity level from non-Restricted Units with the same
				  number of bedrooms, and Units shall not differ in size or amenity level on the
				  basis of income-level restrictions. Restricted Units shall not be segregated
				  from non-Restricted Units, and Units shall not be segregated from each other on
				  the basis of income-level restrictions. Within these limits, Sponsors may
				  change the designation of a particular Unit from Assisted to non-Assisted or
				  from one income-restriction to another over time. For Projects involving
				  rehabilitation or conversion, the Department may permit certain Units to be
				  designated as exclusively market-rate Units where necessary for fiscal
				  integrity and where all other Program requirements are satisfied.
(b) For the full loan term, the number, size,
				  type, and amenity level of Assisted Units shall not be fewer than the number
				  nor different from the size, type and amenity level described in the Regulatory
				  Agreement.
(c) For projects
				  assisted by MHP, the number of Assisted Units shall equal the number of
				  Restricted Units to the extent allowed by the requirements of Article XXXIV of
				  the California Constitution.
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), 50517.5(a)(1),
						50517.5(a)(3), 50675.1(c), 50675.11, 50896.1(a) and 50896.3(b), Health and
						Safety Code. Reference: Sections 50517.5(d)(4)(A), 50517.5(d)(5),
						50517.5(e)(2), 50675.1(c), 50675.2(b), 50675.7, 50675.8 and 50896.1(a), Health
						and Safety Code; and 24 CFR Sections 92.252(e) and
						92.504(c).
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 8306 - Tenant Recertification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Sponsor shall annually recertify
				  household size and income for Assisted Units.
(b) If at the time of recertification, a
				  tenant's household size has changed and no longer meets the occupancy standards
				  pursuant to the previous section, the Sponsor may require the tenant household
				  to move to the next available appropriately sized Unit.
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), 50517.5(a)(1),
						50517.5(a)(3), 50675.1(c), 50675.11, 50896.1(a) and 50896.3(b), Health and
						Safety Code. Reference: Sections 50517.5(a)(1), 50517.5(d)(3), 50517.5(d)(5),
						50517.5(e)(2), 50675.1(c), 50675.8(a)(1) and 50896.1(a), Health and Safety
						Code, and 24 CFR Sections 92.303, 92.350 and
						92.351.
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 8307 - Rental Agreement and Grievance Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All rental or occupancy agreements for
				  Assisted Units are subject to Department approval and shall include:
(1) provisions requiring good cause for
				  termination of tenancy. One or more of the following constitutes "good cause":
(A) failure by the tenant to maintain
				  applicable eligibility requirements under the Program or other eligibility
				  requirements as approved by the Department;
(B) material noncompliance by the tenant with
				  the lease, including one or more substantial violations of the lease or
				  habitual minor violations of the lease which:
1. adversely affect the health and safety of
				  any person or the right of any tenant to the quiet enjoyment of the leased
				  premises and related Project facilities;
2. substantially interfere with the
				  management, maintenance, or operation of the Rental Housing Development;
				  or
3. result from the failure or
				  refusal to pay, in a timely fashion, Rent or other permitted charges when due.
				  Failure or refusal to pay in a timely fashion is a minor violation if payment
				  is made during the 3-day notice period;
(C) material failure by the tenant to carry
				  out obligations under federal, state or local law;
(D) subletting by the tenant of all or any
				  portion of the Assisted Unit;
(E)
				  any other action or conduct of the tenant constituting significant problems
				  which can be reasonably resolved only by eviction of the tenant, provided that
				  the Sponsor has previously notified the tenant that the conduct or action in
				  question would be considered cause for eviction. Examples of action or conduct
				  in this category include the refusal of a tenant, after written notice, to
				  accept reasonable rules or any reasonable changes in the lease or the refusal
				  to recertify income or household size; or
(F) for Transitional Housing, the end of the
				  maximum term prescribed for tenant occupancy by the Program operated in a
				  particular Transitional Housing Project.
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 8308 - Operating Reserves

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Sponsor shall establish an operating reserve for the
					 purpose of defraying operating shortfalls resulting from Department-approved
					 Operating Expenses exceeding Operating Income beyond the rent-up period.
(a) Withdrawals from the operating reserve
				  shall require prior written approval of the Department. Should the Department
				  fail to take action on a request for an eligible withdrawal from the operating
				  reserve within 30 days from documented receipt of the request, that request
				  shall be deemed approved.
(b) The
				  initial deposit to the operating reserve shall be funded from development
				  funding sources in an amount determined by the Department, which shall be not
				  less than the total of the following: 4 months of projected Operating Expenses
				  (excluding the cost of on-site Supportive Services coordination), 4 months of
				  required replacement reserve deposits, and 4 months of non-contingent debt
				  service. For projects with tax credits, the requirement shall be 3 months of
				  these items. In setting the initial funding requirement, the Department shall
				  consider factors including, but not limited to the projected level of Project
				  cash flow, the adequacy of the operating budget, Project location, local market
				  characteristics, the number of sites, and Project design.
(c) Sponsor shall fully replace any
				  withdrawals from the Operating Reserve, up to the minimum initial deposit
				  amount specified in subsection (b) above, as may be modified in accordance with
				  subsection (d) or (e) below, using available cash flow prior to use of any cash
				  flow to pay deferred Developer Fee, partnership management or similar fees, or
				  Distributions.
(d) In the absence
				  of some extraordinary occurrences, such as litigation affecting the project or
				  construction defects, and upon occurrence of both of the following events, the
				  Department shall reduce the required minimum balance:
(i) operation at a debt service coverage
				  ratio of 1.15 or greater for 5 years; and
(ii) operation at an Operating Expense
				  coverage ratio of 1.08, where Operating Expense ratio is defined to equal
				  effective gross income, less required replacement reserve deposits and
				  non-contingent debt service, divided by total Operating Expenses, not including
				  the approved cost of Supportive Services coordination.
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 8310 - Underwriting Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In analyzing Project feasibility, the Department shall, at
					 a minimum, utilize the following assumptions and criteria:
(a) Residential vacancy rates shall be
				  assumed to be 5%, unless a different figure is required by another funding
				  source (including TCAC) or supported by compelling market evidence.
(b) Vacancy rates for Commercial Space shall
				  be assumed to be 50%, except the Department may use the vacancy loss assumption
				  of the Project's senior lender or equity investor under either of the following
				  circumstances:
(1) where the commercial income
				  is guaranteed by the Sponsor through a long-term master lease and the amount of
				  the Sponsor's annual master lease payment is both:
(A) less than one percent of the Sponsor's
				  cash and cash equivalent current assets; and
(B) less than or equal to the projected
				  commercial income, as evidenced by a market study or appraisal commissioned by
				  the first lien lender or equity investor, and reflected in the final pro forma
				  approved by the first lien lender or equity investor; or
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 8311 - Limits on Development Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Project development costs must be
				  reasonable, as measured by the ratio of the project's total eligible basis to
				  its total adjusted threshold basis limits, calculated at the time of
				  application for Department funds. Both total eligible basis and total adjusted
				  basis limits shall be computed in accordance with TCAC regulations and
				  procedures set forth in Title 4, California Code of Regulations, Sections 10325
				  -- 10327, except as follows:
(1) There shall
				  not be an adjustment of threshold basis limits based on units that will be
				  income and rent restricted at or below certain area median income levels, such
				  as that in Title 4, California Code of Regulations, Section 10327(c)(5)(C) as
				  in effect as of September 2016.
(2)
				  Costs shall be deemed reasonable under this section if the ratio calculated
				  pursuant to the above subsection (a) is less than 160
				  percent.
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 8312 - Developer Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  Projects not utilizing low income housing tax credits, Developer Fee shall not
				  exceed the amount calculated in accordance with subsections (1), (2) or (3)
				  below. The per unit amounts will be adjusted in thousand dollar increments in
				  accordance with changes in the CPI when, following the year 2016, the CPI has
				  indicated the next full thousand dollar increment has been reached.
(1) For new construction Projects and
				  Projects where the contract for the rehabilitation work equals or exceeds
				  $35,000 per Unit:
(A) For the first 30 Units,
				  $26,000 per Unit.
(B) For each Unit
				  in excess of 30, $10,500 per Unit.
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 8313 - Program Compatibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the requirements of federal funding
				  for a Project (including low income housing tax credits and direct federal
				  loans but excluding federal loan guarantees) would cause a violation of the
				  requirements to these regulations, the Department may modify these requirements
				  as minimally necessary to ensure program compatibility.
1. New
					 section heading and section filed 11-8-2017; operative 11-15-2017 pursuant to
					 Government Code section 11343.4(b)(3) (Register 2017, No. 45). For prior
					 history, see Register 2003, No. 40.
Note: Authority cited: Sections 50406(n), 50517.5(a)(1),
						50517.5(a)(3), 50675.1(d), 50896.1(a) and 50896.3(b), Health and Safety Code.
						Reference: Sections 50406(n), 50675.1(d), 50675.9, 50517.5(a)(1),
						50517.5(a)(3), 50896.1(a) and 50896.3(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 19 - Uniform Multifamily Regulations › Section 8313.1 - Funding Source Surpluses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, upon completion of construction,
				  permanent development funding sources exceed actual total development costs the
				  following requirements apply to the resulting funding surplus:
(1) If there are local public agency lenders
				  providing construction-period financing, and the Department is providing only
				  permanent financing, the local lenders may reduce their loans by an amount not
				  exceeding the contingency shown in the loan documents approved by the
				  Department at construction loan closing.
(2) In other cases, or to the extent that the
				  surplus exceeds the budgeted contingency, the Department loan amount shall be
				  reduced by an amount not less than the surplus multiplied by the ratio of the
				  Department's loan amount to total local government assistance, as defined in
				  8315(c)(3).
(3) As an alternative
				  to (1) or (2), the Department may approve use of surplus funds to reduce tenant
				  rents or for other direct tenant benefits.
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 8313.2 - Special Purpose Entity(Ies)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may permit the ultimate
				  borrower or recipient of Department funds to be a special purpose entity formed
				  and controlled by the Sponsor if and only if the Sponsor can demonstrate to the
				  satisfaction of the Department all the following criteria:
(1) The Sponsor will remain as equally liable
				  to the Department as the special purpose entity with respect to the specific
				  performance of the obligations of the loan or grant documents. The Sponsor may
				  be as equally liable to the Department as the special purpose entity with
				  respect to the financial obligations of the loan or grant documents;
(2) The Sponsor shall not intentionally or in
				  effect limit or abrogate its legal liability to the Department by utilizing the
				  special purpose entity; and
(3)
				  There shall be no more than two corporate entities between the Sponsor and the
				  special purpose entity in the corporate control and organizational
				  structure(s). For the purposes of this subsection, "corporate entity" may
				  include a corporation, limited liability company, business trust, limited
				  partnership, or general partnership. For the purposes of determining "control,"
				  the Sponsor must provide, at the very minimum, evidence satisfactory to the
				  Department that the Sponsor (or Sponsors) through direct control of the
				  corporate entities between the Sponsor and the special purpose entity, performs
				  the substantial management duties on behalf of the special purpose entity that
				  involves:
(A) renting, maintaining and
				  repairing the low-income housing property (or if these duties are delegated to
				  an agent, hiring and overseeing the agent's duties);
(B) acquiring, holding, assigning or
				  disposing of property or any interest in property;
(C) borrowing money on behalf of the special
				  purpose entity, encumbering the special purpose entity's assets, placing title
				  in the name of a nominee to obtain financing, preparing items in whole or in
				  part, in connection to refinancing, increasing, modifying or extending any
				  obligation; and
(D) determining the
				  amount and timing of distributions to partners and establishing and maintaining
				  all required reserves.
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 8314 - Use of Operating Cash Flow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Operating income remaining after payment
				  of approved current and prior year operating expenses, reserve deposits and
				  mandatory debt service shall be applied in the following priority order:
(1) First, towards payment of any:
(A) Approved deferred Developer Fee, pursuant
				  to Section 8312;
(B) Asset
				  management, partnership management and similar fees, including fees paid to
				  investors, in an amount not to exceed the sum of:
1. An amount for the current year, equal to
				  $30,000 for 2016 and increased at the rate of 3.5% for each subsequent year,
				  plus
2. Unpaid asset management,
				  partnership management, and similar fees accrued for a period not to exceed
				  three project fiscal years following the year during which they are earned, up
				  to the difference between the limit for the year and the amount paid for that
				  year; and
(C) Supportive
				  Services Costs that these regulations would allow to be paid as operating
				  costs, but that other funding sources do not.
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 8315 - Subordination Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department may execute and cause to be recorded a subordination agreement
				  subordinating the Department's lien so long as the subordination does not
				  increase the Department's risk beyond that contemplated in the Program loan or
				  grant commitment, as may be amended from time to time, and so long as the
				  subordination would further the interest of the Program. However, and except
				  for Projects assisted by the U.S. Department of Housing and Urban Development
				  under the Section 811 or Section 202 programs, the Department shall not enter
				  into a subordination agreement or other agreement that contains any of the
				  following:
(1) Any limitation of, or condition
				  on, the Department's exercise of its remedies including, but not limited to
				  issuing a notice of default based on a breach under the Department's loan
				  documents, including a default based solely on a breach of the senior
				  lienholder's documents.
(2) An
				  agreement that the senior lienholder's acceptance of a deed in lieu of
				  foreclosure would result in the senior lienholder taking title to the Rental
				  Housing Development free and clear of the Department's lien(s).
(3) An agreement permitting any modification
				  or supplement of the senior lienholder's lien without the prior written consent
				  of the Department except an agreement that permits a senior lienholder to make
				  advances to:
(i) cure a default under a lien
				  with a higher priority than the Department's lien;
(ii) pay delinquent taxes on the security
				  property;
(iii) pay delinquent
				  hazard or liability insurance premiums for the security property; or
(iv) to protect the health and safety of the
				  tenants.
(4) An agreement
				  that would require the Department to undertake additional obligations to any
				  party.
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 8317 - Restructuring Transaction Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To cover the Department's costs of
				  processing any specific Restructuring Transaction as defined in this section,
				  the Department shall charge as authorized by subsections (f) and (n) of Section
				  50406 of the Health and Safety Code fees to cover the administrative costs
				  incurred for the Department's staff to negotiate and prepare the legal
				  documents necessary to accomplish the subject Restructuring
				  Transaction.
(b) For the purposes
				  of this section, the term "Restructuring Transaction" means one or more of the
				  following:
(1) extension of the Department's
				  loan term (or terms, if there are multiple Department loans),
(2) change of ownership (excluding transfer
				  of ownership between two entities controlled by the same parent
				  entity),
(3) a new subordination of
				  the Department's loan or loans to a senior loan or loans, and/or investment of
				  tax credit equity.
Other transactions, such as those limited to the placement
					 of new junior public agency debt without required payments and assignments of
					 limited partner interests, do not constitute a Restructuring
					 Transaction.
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 8318 - Federal Loan Extensions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term of any existing federal program
				  loan or regulatory agreement enforced by the Department may be extended, if
				  allowed by the subject federal statute. Such extensions shall not be for a
				  period of less than 10 years nor more than 55 years.
1. New
					 section filed 11-8-2017; operative 11-15-2017 pursuant to Government Code
					 section 11343.4(b)(3) (Register 2017, No. 45).
Note: Authority cited: Sections 50406(n) and 50869.3(b),
						Health and Safety Code. Reference: 24 CFR part
						92.
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 20 - Federal Emergency Shelter Grants Program › Section 8400 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  These regulations establish procedures for the State of California ("State")
				  administration of federal funds from the Emergency Solutions Grants Program
				  (the "ESG" or "ESG program") and establish policies and procedures for use of
				  these funds to meet the purposes contained in Title IV of the McKinney-Vento
				  Homeless Assistance Act (42 U.S.C. sections 11371-11378) as amended by S.896
				  The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act
				  of 2009 (sections 103-105 and 401-418) (the "Act").
(b) The Act, and any amendments thereto,
				  provide for State administration of the ESG program. These regulations set
				  forth policies and procedures governing the administration of these funds
				  within the California Department of Housing and Community Development (the
				  Department"). In addition to these regulations, ESG program participants will
				  comply with the regulations applicable to the ESG program as indicated below
				  and as set forth in 24 C.F.R. Part 58, and 24 C.F.R. Part 576. Additionally,
				  nonprofit organizations funded by the ESG program shall comply with the
				  requirements of 24 C.F.R. Part 84 as though they were subrecipients pursuant to
				  24 C.F.R. Part 84. Also, Units of general local government funded by the ESG
				  program shall comply with the requirements of 24 C.F.R. Part 85. In the event
				  that any federal or state laws or regulations, including without limitation
				  regulations by the Department of Housing and Urban Development ("HUD") add,
				  delete, modify, or otherwise change any statutory or regulatory requirements
				  concerning the use or administration of these funds, ESG program participants
				  shall comply with such requirements, as amended.
(c) References to section numbers in the 8400
				  series in the following sections are references to these Emergency Solutions
				  Grants Program Regulations beginning at 24 Cal Code Regulations, title 25,
				  section 8400 et seq.
(d) In the
				  event of a conflict between the State ESG Regulations and 24 C.F.R. Part 58, 24
				  C.F.R. Part 84, 24 C.F.R. Part 85, or the ESG regulations at 24 C.F.R. Part
				  576, the federal regulations shall prevail.
1. New
					 subchapter 20 (sections 8400-8421) and section filed 7-14-2004; operative
					 8-13-2004 (Register 2004, No. 29).
2. Amendment of section and NOTE
					 filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 42 U.S.C. Sections 11371-11378 (sections 103-105 and
						401-418); 24 C.F.R. Part 58; 24 C.F.R. Part 84; 24 C.F.R. Part 85; and 24
						C.F.R. Part 576.
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 20 - Federal Emergency Shelter Grants Program › Section 8402 - Allocation of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department will accept and use an amount of the State's annual allocation
				  of ESG funds for Administrative activities not to exceed the amount permitted
				  under 24 CFR 576.100(c). Pursuant to 24 CFR 576.108 (b), a portion of this
				  amount will be shared with ESG Subrecipients that are Units of general purpose
				  local government. The amounts available for Administrative activities will be
				  announced in the Action Plan and annual NOFA.
(b) After deducting for State Administrative
				  activities, the remaining ESG funds will be made available for Eligible
				  activities through two allocations according to the formula set forth in
				  subsection (c):
(1) the Continuum of Care
				  Allocation to be administered in accordance with section 8403; and
(2) the Balance of State Allocation to be
				  administered in accordance with sections 8404 through 8407.
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 20 - Federal Emergency Shelter Grants Program › Section 8404 - Balance of State Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will administer the
				  Balance of State Allocation for a Service Area without an ESG Entitlement
				  consistent with the requirements of this section as follows:
(1) To be eligible to participate in the
				  Balance of State Allocation, a Service Area shall have a Continuum of Care that
				  meets all of the following requirements:
(A)
				  It has not opted to have funds for the Service Area administered under the
				  Continuum of Care Allocation pursuant to 8403 (a) (1).
(B) It has received Continuum of Care funding
				  from HUD in at least one of the past two federal competitions or has registered
				  with HUD to apply for funding in the next competition;
(C) It has conflict of interest policies in
				  place that meet HUD requirements;
(D) It has adopted Written Standards that
				  meet HUD requirements for all Eligible activities proposed to be carried out
				  with ESG funds;
(E) It operates, or
				  causes to be operated, an HMIS system that meets HUD
				  requirements
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 20 - Federal Emergency Shelter Grants Program › Section 8405 - Notice of Funding Availability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will issue a NOFA
				  soliciting applications for Eligible activities within the regional allocations
				  pursuant to 8404(a) (4) and 8404 (a) (5).
(b) The NOFA will notify all interested
				  persons of the following:
(1) That the
				  Department has been allocated ESG funds or expects to be allocated such
				  funds;
(2) Identification of
				  Continuum of Care Service Areas and allocation amounts under the Balance of
				  State and Continuum of Care Allocations;
(3) Regional allocation amounts and
				  identification of Continuum of Care Service Areas eligible to submit
				  applications under the regional allocations pursuant to 8404 (a) (4) and 8404
				  (a) (5);
(4) Range of Eligible
				  activities as adopted in the Action Plan, and any prohibitions on uses of
				  funds;
(5) As adopted in the Action
				  Plan, the maximum number of applications from a Continuum of Care Service Area,
				  and the maximum number and type of Eligible activities, contracts, and
				  subcontracts within an application;
(6) Role of Continuum of Care in the
				  application process;
(7)
				  Application or other documentation requirements pursuant to activities to be
				  funded under the regional allocations pursuant to 8404 (a) (4) and 8404 (a)
				  (5);
(8) Deadline for filing of
				  applications to be reviewed and approved by the Department, timeframes for
				  review and funding of all applications; and
(9) General terms and conditions of funding
				  allocations.
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 20 - Federal Emergency Shelter Grants Program › Section 8406 - NOFA Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications submitted pursuant to the NOFA for the regional competition
				  pursuant to 8404(a) (4) and 8404 (a) (5) shall meet the following requirements.
(1) The applicant is an Eligible organization
				  and is recommended by the Continuum of Care as described in the NOFA pursuant
				  to section 8404(a)(4);
(2) The
				  Continuum of Care meets the requirements of section 8404 (a) (1)
(3) The application proposes an Eligible
				  activity in the Continuum of Care Service Area consistent with section
				  8408;
(4) The application is
				  received by the deadline stated in the NOFA;
(5) Except as provided in subdivision (b),
				  the application is complete and includes the following:
(A) Authorizing resolution by the applicant's
				  Governing Board;
(B) For
				  applications requesting funds for Emergency shelter, evidence of site
				  control;
(C) For Private nonprofit
				  organizations, a Certification of Local Government Approval to undertake
				  ESG-funded activities from each Unit of Local Government where the activity is
				  carried out pursuant to section 414 [42 U.S.C. section 11373(c)];
(D) Response to all of the application
				  selection criteria as set forth in section 8407;
(E) Written Standards for the proposed
				  program activity from the Continuum of Care that is recommending this
				  application for funding which meet the requirements of section 8409, as well as
				  federal requirements;
(F)
				  Documentation of satisfactory match pursuant to the requirements of section
				  8410;
(G) Completed application
				  accompanied by all applicable attachments, certifications, and any additional
				  information requested in the applicable NOFA;
(H) Certification by the applicant that all
				  information within the application is true, complete, and accurate;
				  and
(I) Any other information the
				  Department or HUD requires to determine compliance with the requirements of
				  these regulations and all other regulations, statutes, and laws applicable to
				  ESG, and scored based on the criteria in section
				  8407.
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 20 - Federal Emergency Shelter Grants Program › Section 8407 - Selection Criteria for NOFA Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All applications made pursuant to section
				  8404 (a) (5) will be evaluated using the criteria below and ranked according to
				  subdivision (b) below. Where applications requesting funds for more than one
				  program are permitted in the NOFA, each program will receive a separate score
				  for each rating factor, and the point scores will be averaged to calculate a
				  final point score for each rating factor.
(1)
				  Applicant Experience--20 points
(A) Length of
				  experience implementing the proposed Eligible activity or activity similar to
				  the proposed activity.
(B) For
				  applicants who have received funding in the State's ESG program in the past
				  three years, a maximum of 20 points will be deducted for the following:
1. Whether the Department has terminated or
				  disencumbered ESG grant funding;
2.
				  Whether the applicant has any unresolved monitoring findings in ESG that pose a
				  substantial risk to the Department;
3. Whether the applicant has submitted annual
				  reports in a timely manner for ESG grants.
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 20 - Federal Emergency Shelter Grants Program › Section 8408 - Eligible Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) State ESG funds awarded by an
				  Administrative Entity or by the Department shall be used for Eligible
				  activities as permitted by HUD pursuant to 24 CFR Part 576 in accordance with
				  this section.
(b) Pursuant to 24
				  CFR 91.320 (d), to address the State's priority needs and objectives pursuant
				  to the Action Plan, the Department may limit the types of activities that may
				  be funded in a particular NOFA.
(c)
				  A maximum of ten percent of an individual formula allocation under section 8402
				  may be used for HMIS activities.
(d) State ESG funds shall not be used for
				  Renovation, Conversion, or Major Rehabilitation activities pursuant to 576.102.
				  Minor repairs to an ESG-funded Emergency shelter that do not qualify as
				  Renovation, Conversion, or Major Rehabilitation are an eligible use of State
				  ESG funds.
(e) For Rapid Rehousing
				  and Homelessness prevention activities, no subpopulation targeting will be
				  permitted except if documentation of all of the following is provided to the
				  Department prior to the award of funds for these activities:
(1) that there is an unmet need for these
				  activities for the subpopulation proposed for targeting, and
(2) that there is existing funding in the
				  Continuum of Care Service Area for programs that address the needs of the
				  excluded populations for these activities.
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 20 - Federal Emergency Shelter Grants Program › Section 8409 - Core Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless exempted by federal rules, all
				  ESG-funded activities shall utilize a Coordinated Entry system established by
				  and consistent with the protocols of the Continuum of Care for the Service Area
				  in which that program operates. Participation in Coordinated Entry shall occur
				  in a manner that promotes the following, as reflected in the Continuum of Care
				  Written Standards:
(1) Comprehensive and
				  coordinated access to assistance regardless of where an individual or family is
				  located in the Continuum of Care Service Area. Local systems should be easy to
				  navigate and have protocols in place to ensure immediate access to assistance
				  for people who are homeless or most at-risk;
(2) Prioritized access to assistance for
				  people with the most urgent and severe needs, including, but not limited to,
				  survivors of domestic violence. ESG-funded activities shall seek to prioritize
				  people who:
(A) Are unsheltered and living in
				  places not designed for human habitation, such as cars, parks, bus stations,
				  and abandoned buildings;
(B) Have
				  experienced the longest amount of time homeless;
(C) Have multiple and severe service needs
				  that inhibit their ability to quickly identify and secure housing on their own;
				  and
(D) For Homelessness prevention
				  activities, people who are at greatest risk of becoming literally homeless
				  without an intervention and are at greatest risk of experiencing a longer time
				  in shelter or on the street should they become
				  homeless.