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 17 - State Home Investment Partnership Act Program › Article 2 - Program Requirements › Section 8208 - Affordability Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to qualify under these
					 regulations for funding as an affordable rental housing project, the project
					 shall meet the periods of affordability specified in the following table, and
					 shall comply with the other requirements of 24 CFR Sections 92.252, 92.255, and
					 92.258.
Amount of HOME
								Assistance
Activity
								Assisted
Minimum Period of Affordability in
								Years
Less than 15,000 per unit
Rehabilitation of
								existing rental housing
10 years
$15,000 to $40,000
Rehabilitation of
								existing rental housing
15 years
More than $40,000
Rehabilitation of
								existing rental housing
20 years
Any dollar amount
Acquisition and
								Rehabilitation, Acquisition and or New construction of rental
								housing
55 years for cities, counties, Developers and CHDOs 50 years
								for development on Native American Lands as defined by Section 8201
								(y)(1).
(b) Rent levels shall be restricted for the
					 period of affordability set forth above at the lesser of the rent level
					 permitted pursuant to 24 C.F.R. Section 92.252 or another rent level expressed
					 as a percentage of area median income approved by the Department. Exceptions to
					 this requirement may be granted for units receiving HUD Section 8 or other
					 similar rental assistance, or where the project's continued fiscal integrity is
					 in jeopardy due to factors that could not be reasonably foreseen.
(c) Homeownership units assisted with HOME
					 funds shall meet the requirements of 24 CFR sections 92.254, 92.255 and 92.258.
					 Except for owner-occupied units being rehabilitated with HOME funds, all
					 assistance shall be made available only to first-time homebuyers.
1. New
						section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A
						Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 10-23-92 as an emergency; operative
						10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted
						to OAL 2-23-93 or emergency language will be repealed by operation of law on
						the following day.
3. New section refiled 3-2-93 as an emergency;
						operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be
						transmitted to OAL 6-30-93 or emergency language will be repealed by operation
						of law on the following day.
4. Certificate of Compliance as to
						3-2-93 order including renumbering and amendment of former section 8209 to
						section 8210 with amendment of NOTE and renumbering of former section 8210 to
						section 8211 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No.
						28).
5. Repealer of former section 8208 and renumbering of former
						section 8210 to new section 8208, including amendment of section and NOTE filed
						3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d)
						(Register 97, No. 11).
6. Amendment of subsection (a) filed
						9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4
						(Register 2004, No. 37).
7. New subsection (b) and subsection
						relettering filed 12-10-2007; operative 12-10-2007 pursuant to Government Code
						section 11343.4 (Register 2007, No. 50).
8. Amendment of subsection
						(a) filed 10-31-2016; operative 1-1-2017 (Register 2016, No.
						45).
Note: Authority cited: Sections 50406 and 50896.3(b),
						  Health and Safety Code. Reference: 24 CFR Sections 92.252, 92.254, 92.255,
						  92.257, 92.258, 201.10, 203.18, 234.27, 813.102 and 888.111; Section 6932,
						  Government Code; and Sections 50896 and 50896.1, Health and Safety
						  Code.