Health and Safety Code — Part 63 | HSC — United States — California law | Esheria

Health and Safety Code

Part 63 of 87 · provisions 12,401–12,600

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

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  1. 34164.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    An agency may not carry out listed redevelopment activities starting on the effective date of this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34164. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, an agency shall lack the authority to, and shall not, engage in any of the following redevelopment activities: (a) Prepare, approve, adopt, amend, or merge a redevelopment plan, including, but not limited to, modifying, extending, or otherwise changing the time limits on the effectiveness of a redevelopment plan. (b) Create, designate, merge, expand, or otherwise change the boundaries of a project area. (c) Designate a new survey area or modify, extend, or otherwise change the boundaries of an existing survey area. (d) Approve or direct or cause the approval of any program, project, or expenditure where approval is not required by law. (e) Prepare, formulate, amend, or otherwise modify a preliminary plan or cause the preparation, formulation, modification, or amendment of a preliminary plan. (f) Prepare, formulate, amend, or otherwise modify an implementation plan or cause the preparation, formulation, modification, or amendment of an implementation plan. (g) Prepare, formulate, amend, or otherwise modify a relocation plan or cause the preparation, formulation, modification, or amendment of a relocation plan where approval is not required by law. (h) Prepare, formulate, amend, or otherwise modify a redevelopment housing plan or cause the preparation, formulation, modification, or amendment of a redevelopment housing plan. (i) Direct or cause the development, rehabilitation, or construction of housing units within the community, unless required to do so by an enforceable obligation. (j) Make or modify a declaration or finding of blight, blighted areas, or slum and blighted residential areas. (k) Make any new findings or declarations that any areas of blight cannot be remedied or redeveloped by private enterprise alone. (l) Provide or commit to provide relocation assistance, except where the provision of relocation assistance is required by law. (m) Provide or commit to provide financial assistance. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  2. 34165.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    A redevelopment agency is barred from taking a list of specified actions, including forming new entities, raising pay or bonuses, adding staff beyond a 2011 baseline, starting certain bond-related lawsuits, pursuing eminent domain, or preparing a draft environmental impact report.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34165. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, an agency shall lack the authority to, and shall not, do any of the following: (a) Enter into new partnerships, become a member in a joint powers authority, form a joint powers authority, create new entities, or become a member of any entity of which it is not currently a member, nor take on nor agree to any new duties or obligations as a member or otherwise of any entity to which the agency belongs or with which it is in any way associated. (b) Impose new assessments pursuant to Section 7280.5 of the Revenue and Taxation Code. (c) Increase the pay, benefits, or contributions of any sort for any officer, employee, consultant, contractor, or any other goods or service provider that had not previously been contracted. (d) Provide optional or discretionary bonuses to any officers, employees, consultants, contractors, or any other service or goods providers. (e) Increase numbers of staff employed by the agency beyond the number employed as of January 1, 2011. (f) Bring an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds under this chapter and the legality and validity of all proceedings previously taken or proposed in a resolution of an agency to be taken for the authorization, issuance, sale, and delivery of the revenue bonds and for the payment of the principal thereof and interest thereon. (g) Begin any condemnation proceeding or begin the process to acquire real property by eminent domain. (h) Prepare or have prepared a draft environmental impact report. This subdivision shall not alter or eliminate any requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  3. 34166.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    Local legislative bodies and governmental entities may not create new redevelopment agencies or community development commissions, and chartered cities and counties may not use Part 1 powers to create a redevelopment agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34166. No legislative body or local governmental entity shall have any statutory authority to create or otherwise establish a new redevelopment agency or community development commission. No chartered city or chartered county shall exercise the powers granted in Part 1 (commencing with Section 33000) to create or otherwise establish a redevelopment agency. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  4. 34167.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    Redevelopment agencies must not make payments unless they are listed in an adopted enforceable obligation payment schedule, except for bonded indebtedness payments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34167. (a) This part is intended to preserve, to the maximum extent possible, the revenues and assets of redevelopment agencies so that those assets and revenues that are not needed to pay for enforceable obligations may be used by local governments to fund core governmental services including police and fire protection services and schools. It is the intent of the Legislature that redevelopment agencies take no actions that would further deplete the corpus of the agencies’ funds regardless of their original source. All provisions of this part shall be construed as broadly as possible to support this intent and to restrict the expenditure of funds to the fullest extent possible. (b) For purposes of this part, “agency” or “redevelopment agency” means a redevelopment agency created or formed pursuant to Part 1 (commencing with Section 33000) or its predecessor or a community development commission created or formed pursuant to Part 1.7 (commencing with Section 34100) or its predecessor. (c) Nothing in this part in any way impairs the authority of a community development commission, other than in its authority to act as a redevelopment agency, to take any actions in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates. (d) For purposes of this part, “enforceable obligation” means any of the following: (1) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 5850 of the Government Code, including the required debt service, reserve set-asides and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the redevelopment agency. (2) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, including, but not limited to, moneys borrowed from the Low and Moderate Income Housing Fund, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (3) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, and unemployment payments. (4) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (5) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. (6) Contracts or agreements necessary for the continued administration or operation of the redevelopment agency to the extent permitted by this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (e) To the extent that any provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if any provision in Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that this part is restricting or eliminating, the restriction and elimination provisions of this part shall control. (f) Nothing in this part shall be construed to interfere with a redevelopment agency’s authority, pursuant to enforceable obligations as defined in this chapter, to (1) make payments due, (2) enforce existing covenants and obligations, or (3) perform its obligations. (g) The existing terms of any memorandum of understanding with an employee organization representing employees of a redevelopment agency adopted pursuant to the Meyers-Milias-Brown Act that is in force on the effective date of this part shall continue in force until September 30, 2011, unless a new agreement is reached with a recognized employee organization prior to that date. (h) After the enforceable obligation payment schedule is adopted pursuant to Section 34169, or after 60 days from the effective date of this part, whichever is sooner, the agency shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness. (i) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (j) For purposes of this part, “auditor-controller” means the officer designated in subdivision (e) of Section 24000 of the Government Code. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  5. 34167.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    This section says that, for this part and Part 1.85, “city, county, or city and county” includes certain related or controlled entities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34167.10. (a) Notwithstanding any other law, for purposes of this part and Part 1.85 (commencing with Section 34170), the definition of a city, county, or city and county includes, but is not limited to, the following entities: (1) Any reporting entity of the city, county, or city and county for purposes of its comprehensive annual financial report or similar report. (2) Any component unit of the city, county, or city and county. (3) Any entity which is controlled by the city, county, or city and county, or for which the city, county, or city and county is financially responsible or accountable. (b) The following factors shall be considered in determining that an entity is controlled by the city, county, or city and county, and are therefore included in the definition of a city, county, or city and county for purposes of this part and Part 1.85 (commencing with Section 34170): (1) The city, county, or city and county exercises substantial municipal control over the entity’s operations, revenues, or expenditures. (2) The city, county, or city and county has ownership or control over the entity’s property or facilities. (3) The city, county, or city and county and the entity share common or overlapping governing boards, or coterminous boundaries. (4) The city, county, or city and county was involved in the creation or formation of the entity. (5) The entity performs functions customarily or historically performed by municipalities and financed thorough levies of property taxes. (6) The city, county, or city and county provides administrative and related business support for the entity, or assumes the expenses incurred in the normal daily operations of the entity. (c) For purposes of this section, it shall not be relevant that the entity is formed as a separate legal entity, nonprofit corporation, or otherwise, or is not subject to the constitution debt limitation otherwise applicable to a city, county, or city and county. The provisions in this section are declarative of existing law as the entities described herein are and were intended to be included within the requirements of this part and Part 1.85 (commencing with Section 34170) and any attempt to determine otherwise would thwart the intent of these two parts. (Added by Stats. 2012, Ch. 26, Sec. 5. (AB 1484) Effective June 27, 2012.)
  6. 34167.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    The Controller must review redevelopment agency activities and, if certain asset transfers occurred, order the assets returned; the affected local agency must then reverse the transfer and return the assets.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34167.5. Commencing on the effective date of the act adding this part, the Controller shall review the activities of redevelopment agencies in the state to determine whether an asset transfer has occurred after January 1, 2011, between the city or county, or city and county that created a redevelopment agency or any other public agency, and the redevelopment agency. If such an asset transfer did occur during that period and the government agency that received the assets is not contractually committed to a third party for the expenditure or encumbrance of those assets, to the extent not prohibited by state and federal law, the Controller shall order the available assets to be returned to the redevelopment agency or, on or after October 1, 2011, to the successor agency, if a successor agency is established pursuant to Part 1.85 (commencing with Section 34170). Upon receiving that order from the Controller, an affected local agency shall, as soon as practicable, reverse the transfer and return the applicable assets to the redevelopment agency or, on or after October 1, 2011, to the successor agency, if a successor agency is established pursuant to Part 1.85 (commencing with Section 34170). The Legislature hereby finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in the furtherance of the Community Redevelopment Law and is thereby unauthorized. (Amended by Stats. 2012, Ch. 162, Sec. 89. (SB 1171) Effective January 1, 2013.)
  7. 34168.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    Challenges to the validity of this part or Part 1.85, and challenges to acts taken under them, must be filed in the Superior Court of the County of Sacramento.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34168. (a) Notwithstanding any other law, any action contesting the validity of this part or Part 1.85 (commencing with Section 34170) or challenging acts taken pursuant to these parts shall be brought in the Superior Court of the County of Sacramento. (b) If any provision of this part or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end, the provisions of this part are severable. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  8. 34169.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 2. Redevelopment Agency Responsibilities [34169- 34169.] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    Redevelopment agencies must keep paying enforceable obligations and take steps to preserve assets, records, and compliance until successor agencies are authorized.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 2. Redevelopment Agency Responsibilities [34169- 34169.] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34169. Until successor agencies are authorized pursuant to Part 1.85 (commencing with Section 34170), redevelopment agencies shall do all of the following: (a) Continue to make all scheduled payments for enforceable obligations, as defined in subdivision (d) of Section 34167. (b) Perform obligations required pursuant to any enforceable obligations, including, but not limited to, observing covenants for continuing disclosure obligations and those aimed at preserving the tax-exempt status of interest payable on any outstanding agency bonds. (c) Set aside or maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (d) Consistent with the intent declared in subdivision (a) of Section 34167, preserve all assets, minimize all liabilities, and preserve all records of the redevelopment agency. (e) Cooperate with the successor agencies, if established pursuant to Part 1.85 (commencing with Section 34170), and provide all records and information necessary or desirable for audits, making of payments required by enforceable obligations, and performance of enforceable obligations by the successor agencies. (f) Take all reasonable measures to avoid triggering an event of default under any enforceable obligations as defined in subdivision (d) of Section 34167. (g) (1) Within 60 days of the effective date of this part, adopt an Enforceable Obligation Payment Schedule that lists all of the obligations that are enforceable within the meaning of subdivision (d) of Section 34167 which includes the following information about each obligation: (A) The project name associated with the obligation. (B) The payee. (C) A short description of the nature of the work, product, service, facility, or other thing of value for which payment is to be made. (D) The amount of payments obligated to be made, by month, through December 2011. (2) Payment schedules for issued bonds may be aggregated, and payment schedules for payments to employees may be aggregated. This schedule shall be adopted at a public meeting and shall be posted on the agency’s Internet Web site or, if no Internet Web site exists, on the Internet Web site of the legislative body, if that body has an Internet Web site. The schedule may be amended at any public meeting of the agency. Amendments shall be posted to the Internet Web site for at least three business days before a payment may be made pursuant to an amendment. The Enforceable Obligation Payment Schedule shall be transmitted by mail or electronic means to the county auditor-controller, the Controller, and the Department of Finance. A notification providing the Internet Web site location of the posted schedule and notifications of any amendments shall suffice to meet this requirement. (h) Prepare a preliminary draft of the initial recognized obligation payment schedule, no later than September 30, 2011, and provide it to the successor agency, if a successor agency is established pursuant to Part 1.85 (commencing with Section 34170). (i) The Department of Finance may review a redevelopment agency action taken pursuant to subdivision (g) or (h). As such, all agency actions shall not be effective for three business days, pending a request for review by the department. Each agency shall designate an official to whom the department may make these requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the event that the department requests a review of a given agency action, the department shall have 10 days from the date of its request to approve the agency action or return it to the agency for reconsideration and this action shall not be effective until approved by the department. In the event that the department returns the agency action to the agency for reconsideration, the agency must resubmit the modified action for department approval and the modified action shall not become effective until approved by the department. This subdivision shall apply to a successor agency, if a successor agency is established pursuant to Part 1.85 (commencing with Section 34170), as a successor entity to a dissolved redevelopment agency, with respect to the preliminary draft of the initial recognized obligation payment schedule. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  9. 34169.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 3. Application of Part to Former Participants of the Alternative Voluntary Redevelopment Program [34169.5- 34169.5.] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    A redevelopment agency that moved from the Alternative Voluntary Redevelopment Program into this part is subject to all requirements of this part, but the dates and deadlines are adjusted to match when it became subject to the part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 3. Application of Part to Former Participants of the Alternative Voluntary Redevelopment Program [34169.5- 34169.5.] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34169.5. (a) It is the intent of the Legislature that a redevelopment agency, that formerly operated pursuant to the Alternative Voluntary Redevelopment Program (Part 1.9 (commencing with Section 34192)), but that becomes subject to this part pursuant to Section 34195, shall be subject to all of the requirements of this part, except that dates and deadlines shall be appropriately modified, as provided in this section, to reflect the date that the agency becomes subject to this part. (b) For purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, the following shall apply: (1) Any reference to “January 1, 2011,” shall be construed to mean January 1 of the year preceding the year that the redevelopment agency became subject to this part, but no earlier than January 1, 2011. (2) Any reference to a date “60 days from the effective date of this part” shall be construed to mean 60 days from the date that the redevelopment agency becomes subject to this part. (3) Except as provided in paragraphs (1) and (2), any reference to a date certain shall be construed to be the date, measured from the date that the redevelopment agency became subject to this part, that is equivalent to the duration of time between the effective date of this part and the date certain identified in statute. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  10. 34170.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section says the part generally becomes operative on February 1, 2012, unless another provision says otherwise, and that the part is severable if any provision is held invalid.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34170. (a) Unless otherwise specified, all provisions of this part shall become operative on February 1, 2012. (b) If any provision of this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end, the provisions of this part are severable. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012. Text reformed per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  11. 34170.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Department actions under this part and Part 1.8 count as department actions for state budget purposes and are exempt from Chapter 3.5 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34170.1. Any action by the department carrying out the department’s obligations under this part and Part 1.8 (commencing with Section 34161) constitutes a department action for the preparation, development, or administration of the state budget pursuant to Section 11357 of the Government Code, and is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. This section applies retroactively to any action by the department described in this section that occurred on or after June 28, 2011. (Added by Stats. 2015, Ch. 325, Sec. 1. (SB 107) Effective September 22, 2015.)
  12. 34170.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The successor agency must create a Redevelopment Obligation Retirement Fund in its treasury, and the county auditor-controller must create a Redevelopment Property Tax Trust Fund in the county treasury.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34170.5. (a) The successor agency shall create within its treasury a Redevelopment Obligation Retirement Fund to be administered by the successor agency. (b) The county auditor-controller shall create within the county treasury a Redevelopment Property Tax Trust Fund for the property tax revenues related to each former redevelopment agency, for administration by the county auditor-controller. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
  13. 34171.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section defines key terms used in the redevelopment-agency dissolution rules and sets formulas, minimums, and timing for certain administrative cost allowances.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 1. Effective Date, Creation of Funds, and Definition of Terms [34170 - 34171] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34171. The following terms shall have the following meanings: (a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) (1) “Administrative cost allowance” means the maximum amount of administrative costs that may be paid by a successor agency from the Redevelopment Property Tax Trust Fund in a fiscal year. (2) The administrative cost allowance shall be 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012. The administrative cost allowance shall be up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund for each fiscal year thereafter ending on June 30, 2016. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement with the successor agency. (3) Commencing July 1, 2016, and for each fiscal year thereafter, the administrative cost allowance shall be up to 3 percent of the actual property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department. (4) Notwithstanding paragraph (3), commencing July 1, 2016, a successor agency’s annual administrative costs shall not exceed 50 percent of the total Redevelopment Property Tax Trust Fund distributed to pay enforceable obligations in the preceding fiscal year, which latter amount shall be reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. This limitation applies to administrative costs whether paid within the administrative cost allowance or not, but does not apply to administrative costs paid from bond proceeds or grant funds, or, in the case of a successor agency that is a designated local authority, from sources other than property tax. (5) The administrative cost allowance shall be approved by the oversight board and shall be the sole funding source for any legal expenses related to civil actions brought by the successor agency or the city, county, or city and county that created the former redevelopment agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. (c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (1) “Enforceable obligation” means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. (F) (i) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. Beginning January 1, 2016, any legal expenses related to civil actions, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts shall only be payable out of the administrative cost allowance. (ii) A sponsoring entity may provide funds to a successor agency for payment of legal expenses related to civil actions initiated by the successor agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. If the successor agency obtains a final judicial determination granting the relief requested in the action, the funds provided by the sponsoring entity for legal expenses related to successful causes of action pled by the successor agency shall be deemed an enforceable obligation for repayment under the terms set forth in subdivision (h) of Section 34173. If the successor agency does not receive a final judicial determination granting the relief requested, the funds provided by the sponsoring entity shall be considered a grant by the sponsoring entity and shall not qualify for repayment as an enforceable obligation. (G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Additionally, written agreements entered into (A) at the time of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and (B) solely for the purpose of securing or repaying the refunded or refinanced indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. Notwithstanding this paragraph, an agreement entered into by the redevelopment agency prior to June 28, 2011, is an enforceable obligation if the agreement relates to state highway infrastructure improvements to which the redevelopment agency committed funds pursuant to Section 33445. Notwithstanding this paragraph, an agreement between the city, county, or city and county that created the former redevelopment agency and the former redevelopment agency is an enforceable obligation if that agreement requires the former redevelopment agency to repay or fulfill an outstanding loan or development obligation imposed by a grant or loan awarded or issued by a federal agency, including the United States Department of Housing and Urban Development, to the city, county, or city and county which subsequently loaned or provided those funds to the former redevelopment agency. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. (e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (f) “Oversight board” shall mean each entity established pursuant to Section 34179. (g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. (h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period until June 30, 2016, as provided in subdivision (m) of Section 34177. On and after July 1, 2016, “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177. (i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. (j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. (k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. (l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. (m) “Department” means the Department of Finance unless the context clearly refers to another state agency. (n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. (o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. (p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. (1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. (2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply. (Amended by Stats. 2015, Ch. 325, Sec. 2. (SB 107) Effective September 22, 2015.)
  14. 34172.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section dissolves specified redevelopment agencies and limits what dissolved communities and former agencies can do afterward.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34172. (a) (1) All redevelopment agencies and redevelopment agency components of community development agencies created under Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100) that were in existence on the effective date of this part are hereby dissolved and shall no longer exist as a public body, corporate or politic. Nothing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates. For those other nonredevelopment purposes, the community development commission derives its authority solely from federal or local laws, or from state laws other than the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (2) A community in which an agency has been dissolved under this section may not create a new agency pursuant to Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100). However, a community in which the agency has been dissolved and the successor entity has paid off all of the former agency’s enforceable obligations may create a new agency pursuant to Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100), subject to the tax increment provisions contained in Chapter 3.5 (commencing with Section 34194.5) of Part 1.9 (commencing with Section 34192). (b) All authority to transact business or exercise powers previously granted under the Community Redevelopment Law (Part 1 (commencing with Section 33000) is hereby withdrawn from the former redevelopment agencies. (c) Solely for purposes of Section 16 of Article XVI of the California Constitution, the Redevelopment Property Tax Trust Fund shall be deemed to be a special fund of the dissolved redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment projects of each redevelopment agency dissolved pursuant to this part. (d) Revenues equivalent to those that would have been allocated pursuant to subdivision (b) of Section 16 of Article XVI of the California Constitution shall be allocated to the Redevelopment Property Tax Trust Fund of each successor agency for making payments on the principal of and interest on loans, and moneys advanced to or indebtedness incurred by the dissolved redevelopment agencies. Amounts in excess of those necessary to pay obligations of the former redevelopment agency shall be deemed to be property tax revenues within the meaning of subdivision (a) of Section 1 of Article XIII A of the California Constitution. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
  15. 34173.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    This section designates successor agencies and transfers many former redevelopment agency powers, duties, obligations, assets, and litigation to them, with specific limits and filing deadlines.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34173. (a) Successor agencies, as defined in this part, are hereby designated as successor entities to the former redevelopment agencies. (b) Except for those provisions of the Community Redevelopment Law that are repealed, restricted, or revised pursuant to the act adding this part, all authority, rights, powers, duties, and obligations previously vested with the former redevelopment agencies, under the Community Redevelopment Law, are hereby vested in the successor agencies. (c) (1) If the redevelopment agency was in the form of a joint powers authority, and if the joint powers agreement governing the formation of the joint powers authority addresses the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the former redevelopment agency may be a successor agency within the meaning of this part and each shall have a share of assets and liabilities based on the provisions of the joint powers agreement. (2) If the redevelopment agency was in the form of a joint powers authority, and if the joint powers agreement governing the formation of the joint powers authority does not address the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the former redevelopment agency may be a successor agency within the meaning of this part, a proportionate share of the assets and liabilities shall be based on the assessed value in the project areas within each entity’s jurisdiction, as determined by the county assessor, in its jurisdiction as compared to the assessed value of land within the boundaries of the project areas of the former redevelopment agency. (d) (1) A city, county, city and county, or the entities forming the joint powers authority that authorized the creation of each redevelopment agency may elect not to serve as a successor agency under this part. A city, county, city and county, or any member of a joint powers authority that elects not to serve as a successor agency under this part must file a copy of a duly authorized resolution of its governing board to that effect with the county auditor-controller no later than January 13, 2012. (2) The determination of the first local agency that elects to become the successor agency shall be made by the county auditor-controller based on the earliest receipt by the county auditor-controller of a copy of a duly adopted resolution of the local agency’s governing board authorizing such an election. As used in this section, “local agency” means any city, county, city and county, or special district in the county of the former redevelopment agency. (3) (A) If no local agency elects to serve as a successor agency for a dissolved redevelopment agency, a public body, referred to herein as a “designated local authority” shall be immediately formed, pursuant to this part, in the county and shall be vested with all the powers and duties of a successor agency as described in this part. The Governor shall appoint three residents of the county to serve as the governing board of the authority. The designated local authority shall serve as successor agency until a local agency elects to become the successor agency in accordance with this section. (B) Designated local authority members are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. (4) A city, county, or city and county, or the entities forming the joint powers authority that authorized the creation of a redevelopment agency and that elected not to serve as the successor agency under this part, may subsequently reverse this decision and agree to serve as the successor agency pursuant to this section. Any reversal of this decision shall not become effective for 60 days after notice has been given to the current successor agency and the oversight board and shall not invalidate any action of the successor agency or oversight board taken prior to the effective date of the transfer of responsibility. (e) The liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. (f) Any existing cleanup plans and liability limits authorized under the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1) shall be transferred to the successor agency and may be transferred to the successor housing entity at that entity’s request. (g) A successor agency is a separate public entity from the public agency that provides for its governance and the two entities shall not merge. The liabilities of the former redevelopment agency shall not be transferred to the sponsoring entity and the assets shall not become assets of the sponsoring entity. A successor agency has its own name, can be sued, and can sue. All litigation involving a redevelopment agency shall automatically be transferred to the successor agency. The separate former redevelopment agency employees shall not automatically become sponsoring entity employees of the sponsoring entity and the successor agency shall retain its own collective bargaining status. As successor entities, successor agencies succeed to the organizational status of the former redevelopment agency, but without any legal authority to participate in redevelopment activities, except to complete any work related to an approved enforceable obligation. Each successor agency shall be deemed to be a local entity for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (h) (1) The city, county, or city and county that authorized the creation of a redevelopment agency may loan or grant funds to a successor agency for the payment of administrative costs or enforceable obligations excluding loans approved under this subdivision or pursuant to Section 34191.4, or project-related expenses that qualify as an enforceable obligation, and only to the extent that the successor agency receives an insufficient distribution from the Redevelopment Property Tax Trust Fund, or other approved sources of funding are insufficient, to pay approved enforceable obligations in the recognized obligation payment schedule period. The receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans. A loan made under this subdivision shall be repaid from the source of funds originally approved for payment of the underlying enforceable obligation in the Recognized Obligation Payment Schedule once sufficient funds become available from that source. The interest payable on any loan created pursuant to this subdivision shall be calculated on a fixed annual simple basis and applied to the outstanding principal amount until fully paid, at a rate not to exceed the most recently published interest rate earned by funds deposited into the Local Agency Investment Fund during the previous fiscal quarter. Repayment of loans created under this subdivision shall be applied first to principal, and second to interest, and shall be subordinate to other approved enforceable obligations. Loans created under this subdivision shall be repaid to the extent property tax revenue allocated to the successor agency is available after fulfilling other enforceable obligations approved in the Recognized Obligation Payment Schedule. (2) This subdivision shall not apply where the successor agency’s distribution from the Redevelopment Property Tax Trust Fund has been reduced pursuant to Section 34179.6 or 34186. (i) At the request of the city, county, or city and county, notwithstanding Section 33205, all land use related plans and functions of the former redevelopment agency are hereby transferred to the city, county, or city and county that authorized the creation of a redevelopment agency; provided, however, that the city, county, or city and county shall not create a new project area, add territory to, or expand or change the boundaries of a project area, or take any action that would increase the amount of obligated property tax (formerly tax increment) necessary to fulfill any existing enforceable obligation beyond what was authorized as of June 27, 2011. (Amended by Stats. 2015, Ch. 325, Sec. 3. (SB 107) Effective September 22, 2015.)
  16. 34174.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    For limited constitutional purposes, agency loans, advances, debt, and related interest are treated as extinguished and paid, and the section says this should not be read to make a redevelopment agency insolvent or to trigger default on enforceable obligations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34174. (a) Solely for the purposes of Section 16 of Article XVI of the California Constitution, commencing on the effective date of this part, all agency loans, advances, or indebtedness, and interest thereon, shall be deemed extinguished and paid; provided, however, that nothing herein is intended to absolve the successor agency of payment or other obligations due or imposed pursuant to the enforceable obligations; and provided further, that nothing in the act adding this part is intended to be construed as an action or circumstance that may give rise to an event of default under any of the documents governing the enforceable obligations. (b) Nothing in this part, including, but not limited to, the dissolution of the redevelopment agencies, the designation of successor agencies, and the transfer of redevelopment agency assets and properties, shall be construed as a voluntary or involuntary insolvency of any redevelopment agency for purposes of the indenture, trust indenture, or similar document governing its outstanding bonds. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
  17. 34175.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The former redevelopment agency’s assets, records, and related restrictions are transferred to the successor agency, and pledged revenues must still be honored.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34175. (a) It is the intent of this part that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are to be honored. It is intended that the cessation of any redevelopment agency shall not affect either the pledge, the legal existence of that pledge, or the stream of revenues available to meet the requirements of the pledge. (b) All assets, properties, contracts, leases, books and records, buildings, and equipment of the former redevelopment agency are transferred on February 1, 2012, to the control of the successor agency, for administration pursuant to the provisions of this part. This includes all cash or cash equivalents and amounts owed to the redevelopment agency as of February 1, 2012. Any legal or contractual restrictions on the use of these funds or assets shall also be transferred to the successor agency. (Amended by Stats. 2012, Ch. 26, Sec. 8. (AB 1484) Effective June 27, 2012.)
  18. 34176.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section lets a city, county, or city and county choose to keep a redevelopment agency’s housing assets and functions, and sets rules for transferring, listing, reviewing, and managing those assets and related funds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34176. (a) (1) The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, county, or city and county elects to retain the authority to perform housing functions previously performed by a redevelopment agency, all rights, powers, duties, obligations, and housing assets, as defined in subdivision (e), excluding any amounts on deposit in the Low and Moderate Income Housing Fund and enforceable obligations retained by the successor agency, shall be transferred to the city, county, or city and county. (2) The housing successor shall submit to the Department of Finance by August 1, 2012, a list of all housing assets that contains an explanation of how the assets meet the criteria specified in subdivision (e). The Department of Finance shall prescribe the format for the submission of the list. The list shall include assets transferred between February 1, 2012, and the date upon which the list is created. The department shall have up to 30 days from the date of receipt of the list to object to any of the assets or transfers of assets identified on the list. If the Department of Finance objects to assets on the list, the housing successor may request a meet and confer process within five business days of receiving the department objection. If the transferred asset is deemed not to be a housing asset as defined in subdivision (e), it shall be returned to the successor agency. If a housing asset has been previously pledged to pay for bonded indebtedness, the successor agency shall maintain control of the asset in order to pay for the bond debt. (3) For purposes of this section and Section 34176.1, “housing successor” means the entity assuming the housing function of a former redevelopment agency pursuant to this section. (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, duties, and obligations associated with the housing activities of the agency, excluding enforceable obligations retained by the successor agency and any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1) If there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development. (2) If there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority. (3) If there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency. (c) Commencing on the operative date of this part, the housing successor may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)), including, but not limited to, Section 33418. (d) Except as specifically provided in Section 34191.4, any funds transferred to the housing successor, together with any funds generated from housing assets, as defined in subdivision (e), shall be maintained in a separate Low and Moderate Income Housing Asset Fund which is hereby created in the accounts of the housing successor. (e) For purposes of this part, “housing asset” includes all of the following: (1) Any real property, interest in, or restriction on the use of real property, whether improved or not, and any personal property provided in residences, including furniture and appliances, all housing-related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low- and moderate-income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. (2) Any funds that are encumbered by an enforceable obligation to build or acquire low- and moderate-income housing, as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)) unless required in the bond covenants to be used for repayment purposes of the bond. (3) Any loan or grant receivable, funded from the Low and Moderate Income Housing Fund, from homebuyers, homeowners, nonprofit or for-profit developers, and other parties that require occupancy by persons of low or moderate income as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (4) Any funds derived from rents or operation of properties acquired for low- and moderate-income housing purposes by other parties that were financed with any source of funds, including residual receipt payments from developers, conditional grant repayments, cost savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. (5) A stream of rents or other payments from housing tenants or operators of low- and moderate-income housing financed with any source of funds that are used to maintain, operate, and enforce the affordability of housing or for enforceable obligations associated with low- and moderate-income housing. (6) (A) Repayments of loans or deferrals owed to the Low and Moderate Income Housing Fund pursuant to subparagraph (G) of paragraph (1) of subdivision (d) of Section 34171, which shall be used consistent with the affordable housing requirements in the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (B) Loan or deferral repayments shall not be made prior to the 2013–14 fiscal year. Beginning in the 2013–14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this paragraph and subdivision (b) of Section 34191.4 combined shall be equal to one-half of the increase between the amount distributed to taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year. Loan or deferral repayments made pursuant to this paragraph shall take priority over amounts to be repaid pursuant to subdivision (b) of Section 34191.4. (f) If a development includes both low- and moderate-income housing that meets the definition of a housing asset under subdivision (e) and other types of property use, including, but not limited to, commercial use, governmental use, open space, and parks, the oversight board shall consider the overall value to the community as well as the benefit to taxing entities of keeping the entire development intact or dividing the title and control over the property between the housing successor and the successor agency or other public or private agencies. The disposition of those assets may be accomplished by a revenue-sharing arrangement as approved by the oversight board on behalf of the affected taxing entities. (g) (1) (A) The housing successor may designate the use of and commit indebtedness obligation proceeds that remain after the satisfaction of enforceable obligations that have been approved in a Recognized Obligation Payment Schedule and that are consistent with the indebtedness obligation covenants. The proceeds shall be derived from indebtedness obligations that were issued for the purposes of affordable housing prior to June 28, 2011, and were backed by the Low and Moderate Income Housing Fund. Enforceable obligations may be satisfied by the creation of reserves for the projects that are the subject of the enforceable obligation that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects. It is the intent of the Legislature to authorize housing successors to designate the use of and commit 100 percent of indebtedness obligation proceeds described in this subparagraph. (B) The housing successor shall provide notice to the successor agency of any designations of use or commitments of funds specified in subparagraph (A) that it wishes to make at least 20 days before the deadline for submission of the Recognized Obligation Payment Schedule to the oversight board. Commitments and designations shall not be valid and binding on any party until they are included in an approved and valid Recognized Obligation Payment Schedule. The review of these designations and commitments by the successor agency, oversight board, and Department of Finance shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available. (2) Funds shall be used and committed in a manner consistent with the purposes of the Low and Moderate Income Housing Asset Fund. Notwithstanding any other law, the successor agency shall retain and expend the excess housing obligation proceeds at the discretion of the housing successor, provided that the successor agency ensures that the proceeds are expended in a manner consistent with the indebtedness obligation covenants and with any requirements relating to the tax status of those obligations. The amount expended shall not exceed the amount of indebtedness obligation proceeds available and such expenditure shall constitute the creation of excess housing proceeds expenditures to be paid from the excess proceeds. Excess housing proceeds expenditures shall be listed separately on the Recognized Obligation Payment Schedule submitted by the successor agency. (h) This section shall not be construed to provide any stream of tax increment financing. (Amended by Stats. 2015, Ch. 325, Sec. 4. (SB 107) Effective September 22, 2015.)
  19. 34176.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section requires a housing successor to use and report on Low and Moderate Income Housing Asset Fund money under specific spending limits and conditions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 2. Effect of Redevelopment Agency Dissolution [34172 - 34176.1] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34176.1. Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows: (a) Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows: (1) For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its internet website an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year. For purposes of this paragraph, “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor. (2) (A) Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to five hundred thousand dollars ($500,000), plus any percentage change in the cost of living, per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. (B) The Department of Housing and Community Development shall annually publish on its internet website an adjustment to the amount that may be expended by a housing successor pursuant to subparagraph (A) to reflect any percentage change in the cost of living. (C) For purposes of this paragraph, “percentage change in the cost of living” means any percentage change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year. (3) (A) The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor’s expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph. (B) If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f). (C) If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f). (D) For purposes of this subdivision, “development” means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section. (b) Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above. (c) (1) Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, “program income” means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account. (2) Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, special needs housing as defined in federal or state law or regulation, or for a regional homeless shelter, if all of the following conditions are met: (A) Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation. (B) The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code. (C) The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built. (D) A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413. (E) A housing successor shall not transfer more than one million dollars ($1,000,000) per fiscal year. The receiving housing successor, as host jurisdiction, may spend a maximum of one million dollars ($1,000,000) per fiscal year from its Low and Moderate Income Housing Asset Fund for the specific project identified in the agreement between or among jurisdictions. (F) The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months. (G) Transferred and host funds shall only assist the regional homeless shelter or rental units affordable to, and occupied by, households earning 60 percent or less of the area median income. (H) Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. (d) Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, “excess surplus” shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater. (e) Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset. (f) Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its internet website all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its internet website all of the following information for the previous fiscal year: (1) The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. (2) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited. (3) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. (4) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (5) As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. (6) A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. (7) A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project. (8) For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project. (9) A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its internet website the implementation plans of the former redevelopment agency. (10) The information required by subparagraph (B) of paragraph (3) of subdivision (a). (11) The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. (12) The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus. (13) An inventory of home ownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information: (A) The number of those units. (B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses. (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. (Amended by Stats. 2024, Ch. 85, Sec. 1. (AB 1782) Effective January 1, 2025.)
  20. 34177.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Successor agencies must keep paying enforceable obligations, maintain required reserves, prepare and submit payment schedules, and carry out wind-down and asset-transfer duties; late filing can trigger daily civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34177. Successor agencies are required to do all of the following: (a) Continue to make payments due for enforceable obligations. (1) On and after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169. However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) of subdivision (d) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. In recognition of the fact that the timing of the California Supreme Court’s ruling in the case California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231 delayed the preparation by successor agencies and the approval by oversight boards of the January 1, 2012, through June 30, 2012, Recognized Obligation Payment Schedule, a successor agency may amend the Enforceable Obligation Payment Schedule to authorize the continued payment of enforceable obligations until the time that the January 1, 2012, through June 30, 2012, Recognized Obligation Payment Schedule has been approved by the oversight board and by the department. The successor agency may utilize reasonable estimates and projections to support payment amounts for enforceable obligations if the successor agency submits appropriate supporting documentation of the basis for the estimate or projection to the Department of Finance and the auditor-controller. (2) The department, the county auditor-controller, and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (3) Commencing on the date the Recognized Obligation Payment Schedule is valid pursuant to subdivision (l), only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agency from the funds specified in the Recognized Obligation Payment Schedule. In addition, after it becomes valid, the Recognized Obligation Payment Schedule shall supersede the Statement of Indebtedness, which shall no longer be prepared nor have any effect under the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (4) Nothing in the act adding this part is to be construed as preventing a successor agency, with the prior approval of the oversight board, as described in Section 34179, from making payments for enforceable obligations from sources other than those listed in the Recognized Obligation Payment Schedule. (5) From February 1, 2012, to July 1, 2012, a successor agency shall have no authority and is hereby prohibited from accelerating payment or making any lump-sum payments that are intended to prepay loans unless such accelerated repayments were required prior to the effective date of this part. (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (c) Perform obligations required pursuant to any enforceable obligation. (d) Remit unencumbered balances of redevelopment agency funds to the county auditor-controller for distribution to the taxing entities, including, but not limited to, the unencumbered balance of the Low and Moderate Income Housing Fund of a former redevelopment agency. In making the distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. (e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181. The disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 34188. The requirements of this subdivision shall not apply to a successor agency that has been issued a finding of completion by the department pursuant to Section 34179.7. (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency. (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176. (h) Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of the oversight board. (i) Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties. Bond proceeds shall be used for the purposes for which bonds were sold unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds. (j) Prepare a proposed administrative budget and submit it to the oversight board for its approval. The proposed administrative budget shall include all of the following: (1) Estimated amounts for successor agency administrative costs for the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in paragraph (1). (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity. (k) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six-month fiscal period. (l) (1) Before each fiscal period set forth in subdivision (m) or (o), as applicable, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (D) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (2) A Recognized Obligation Payment Schedule shall not be deemed valid unless all of the following conditions have been met: (A) A Recognized Obligation Payment Schedule is prepared by the successor agency for the enforceable obligations of the former redevelopment agency. The initial schedule shall project the dates and amounts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had the redevelopment agency not been dissolved. (B) The Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board. The successor agency shall submit a copy of the Recognized Obligation Payment Schedule to the county administrative officer, the county auditor-controller, and the department at the same time that the successor agency submits the Recognized Obligation Payment Schedule to the oversight board for approval. (C) A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor-controller, the Controller’s office, and the Department of Finance, and is posted on the successor agency’s Internet Web site. (3) The Recognized Obligation Payment Schedule shall be forward looking to the next six months or one year pursuant to subdivision (m) or (o), as applicable. The first Recognized Obligation Payment Schedule shall be submitted to the Controller’s office and the department by April 15, 2012, for the period of January 1, 2012, to June 30, 2012, inclusive. This Recognized Obligation Payment Schedule shall include all payments made by the former redevelopment agency between January 1, 2012, through January 31, 2012, and shall include all payments proposed to be made by the successor agency from February 1, 2012, through June 30, 2012. Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January 1, 2012, shall be made from property tax revenues received in the spring of 2011 property tax distribution, and from other revenues and balances transferred to the successor agency. (m) (1) The Recognized Obligation Payment Schedule for the period of January 1, 2013, to June 30, 2013, shall be submitted by the successor agency, after approval by the oversight board, no later than September 1, 2012. Commencing with the Recognized Obligation Payment Schedule covering the period July 1, 2013, through December 31, 2013, successor agencies shall submit an oversight board-approved Recognized Obligation Payment Schedule to the department and to the county auditor-controller no fewer than 90 days before the date of property tax distribution. The department shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than 45 days after the Recognized Obligation Payment Schedule is submitted. Within five business days of the department’s determination, a successor agency may request additional review by the department and an opportunity to meet and confer on disputed items, except for those items which are the subject of litigation disputing the department’s previous or related determination. The meet and confer period may vary; an untimely submittal of a Recognized Obligation Payment Schedule may result in a meet and confer period of less than 30 days. The department shall notify the successor agency and the county auditor-controllers as to the outcome of its review at least 15 days before the date of property tax distribution. (A) The successor agency shall submit a copy of the Recognized Obligation Payment Schedule to the department electronically, and the successor agency shall complete the Recognized Obligation Payment Schedule in the manner provided for by the department. A successor agency shall be in noncompliance with this paragraph if it only submits to the department an electronic message or a letter stating that the oversight board has approved a Recognized Obligation Payment Schedule. (B) If a successor agency does not submit a Recognized Obligation Payment Schedule by the deadlines provided in this subdivision, the city, county, or city and county that created the redevelopment agency, if it is acting as the successor agency, shall be subject to a civil penalty equal to ten thousand dollars ($10,000) per day for every day the schedule is not submitted to the department. The civil penalty shall be paid to the county auditor-controller for allocation to the taxing entities under Section 34183. If a successor agency fails to submit a Recognized Obligation Payment Schedule by the deadline, any creditor of the successor agency or the Department of Finance or any affected taxing entity shall have standing to and may request a writ of mandate to require the successor agency to immediately perform this duty. Those actions may be filed only in the County of Sacramento and shall have priority over other civil matters. Additionally, if an agency does not submit a Recognized Obligation Payment Schedule within 10 days of the deadline, the maximum administrative cost allowance for that period shall be reduced by 25 percent. (C) If a successor agency fails to submit to the department an oversight board-approved Recognized Obligation Payment Schedule that complies with all requirements of this subdivision within five business days of the date upon which the Recognized Obligation Payment Schedule is to be used to determine the amount of property tax allocations, the department may determine if any amount should be withheld by the county auditor-controller for payments for enforceable obligations from distribution to taxing entities, pending approval of a Recognized Obligation Payment Schedule. The county auditor-controller shall distribute the portion of any of the sums withheld pursuant to this paragraph to the affected taxing entities in accordance with paragraph (4) of subdivision (a) of Section 34183 upon notice by the department that a portion of the withheld balances are in excess of the amount of enforceable obligations. The county auditor-controller shall distribute withheld funds to the successor agency only in accordance with a Recognized Obligation Payment Schedule approved by the department. County auditor-controllers shall lack the authority to withhold any other amounts from the allocations provided for under Section 34183 or 34188 unless required by a court order. (D) (i) The Recognized Obligation Payment Schedule payments required pursuant to this subdivision may be scheduled beyond the existing Recognized Obligation Payment Schedule cycle upon a showing that a lender requires cash on hand beyond the Recognized Obligation Payment Schedule cycle. (ii) When a payment is shown to be due during the Recognized Obligation Payment Schedule period, but an invoice or other billing document has not yet been received, the successor agency may utilize reasonable estimates and projections to support payment amounts for enforceable obligations if the successor agency submits appropriate supporting documentation of the basis for the estimate or projection to the department and the auditor-controller. (iii) A Recognized Obligation Payment Schedule may also include appropriation of moneys from bonds subject to passage during the Recognized Obligation Payment Schedule cycle when an enforceable obligation requires the agency to issue the bonds and use the proceeds to pay for project expenditures. (2) The requirements of this subdivision shall apply until December 31, 2015. (n) Cause a postaudit of the financial transactions and records of the successor agency to be made at least annually by a certified public accountant. (o) (1) Commencing with the Recognized Obligation Payment Schedule covering the period from July 1, 2016, to June 30, 2017, inclusive, and for each period from July 1 to June 30, inclusive, thereafter, a successor agency shall submit an oversight board-approved Recognized Obligation Payment Schedule to the department and to the county auditor-controller no later than February 1, 2016, and each February 1 thereafter. The department shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2016, and each April 15 thereafter. Within five business days of the department’s determination, a successor agency may request additional review by the department and an opportunity to meet and confer on disputed items, except for those items which are the subject of litigation disputing the department’s previous or related determination. An untimely submittal of a Recognized Obligation Payment Schedule may result in a meet and confer period of less than 30 days. The department shall notify the successor agency and the county auditor-controller as to the outcome of its review at least 15 days before the date of the first property tax distribution for that period. (A) The successor agency shall submit a copy of the Recognized Obligation Payment Schedule to the department in the manner provided for by the department. (B) If a successor agency does not submit a Recognized Obligation Payment Schedule by the deadlines provided in this subdivision, the city, county, or city and county that created the redevelopment agency, if acting as the successor agency, shall be subject to a civil penalty equal to ten thousand dollars ($10,000) per day for every day the schedule is not submitted to the department. The civil penalty shall be paid to the county auditor-controller for allocation to the taxing entities under Section 34183. If a successor agency fails to submit a Recognized Obligation Payment Schedule by the deadline, any creditor of the successor agency or the department or any affected taxing entity shall have standing to, and may request a writ of mandate to, require the successor agency to immediately perform this duty. Those actions may be filed only in the County of Sacramento and shall have priority over other civil matters. Additionally, if an agency does not submit a Recognized Obligation Payment Schedule within 10 days of the deadline, the maximum administrative cost for that period shall be reduced by 25 percent. (C) If a successor agency fails to submit to the department an oversight board-approved Recognized Obligation Payment Schedule that complies with all requirements of this subdivision within five business days of the date upon which the Recognized Obligation Payment Schedule is to be used to determine the amount of property tax allocations, the department may determine if any amount should be withheld by the county auditor-controller for payments for enforceable obligations from distribution to taxing entities, pending approval of a Recognized Obligation Payment Schedule. The county auditor-controller shall distribute the portion of any of the sums withheld pursuant to this paragraph to the affected taxing entities in accordance with paragraph (4) of subdivision (a) of Section 34183 upon notice by the department that a portion of the withheld balances are in excess of the amount of enforceable obligations. The county auditor-controller shall distribute withheld funds to the successor agency only in accordance with a Recognized Obligation Payment Schedule approved by the department. County auditor-controllers do not have the authority to withhold any other amounts from the allocations provided for under Section 34183 or 34188 except as required by a court order. (D) (i) The Recognized Obligation Payment Schedule payments required pursuant to this subdivision may be scheduled beyond the existing Recognized Obligation Payment Schedule cycle upon a showing that a lender requires cash on hand beyond the Recognized Obligation Payment Schedule cycle. (ii) When a payment is shown to be due during the Recognized Obligation Payment Schedule period, but an invoice or other billing document has not yet been received, the successor agency may utilize reasonable estimates and projections to support payment amounts for enforceable obligations if the successor agency submits appropriate supporting documentation of the basis for the estimate or projection to the department and the county auditor-controller. (iii) A Recognized Obligation Payment Schedule may also include a request to use proceeds from bonds expected to be issued during the Recognized Obligation Payment Schedule cycle when an enforceable obligation requires the agency to issue the bonds and use the proceeds to pay for project expenditures. (E) Once per Recognized Obligation Payment Schedule period, and no later than October 1, a successor agency may submit one amendment to the Recognized Obligation Payment Schedule approved by the department pursuant to this subdivision, if the oversight board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the Recognized Obligation Payment Schedule period, which shall be defined as January 1 to June 30, inclusive. A successor agency may only amend the amount requested for payment of approved enforceable obligations. The revised Recognized Obligation Payment Schedule shall be approved by the oversight board and submitted to the department by electronic means in a manner of the department’s choosing. The department shall notify the successor agency and the county auditor-controller as to the outcome of the department’s review at least 15 days before the date of the property tax distribution. (2) The requirements of this subdivision shall apply on and after January 1, 2016. (Amended by Stats. 2015, Ch. 325, Sec. 6. (SB 107) Effective September 22, 2015.)
  21. 34177.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Successor agencies are generally barred from creating new enforceable obligations, starting redevelopment work, or transferring powers or revenues, with limited exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34177.3. (a) Successor agencies shall lack the authority to, and shall not, create new enforceable obligations or begin redevelopment work, except in compliance with an enforceable obligation, as defined by subdivision (d) of Section 34171, that existed prior to June 28, 2011. (b) Notwithstanding subdivision (a), successor agencies may create enforceable obligations to conduct the work of winding down the redevelopment agency, including hiring staff, acquiring necessary professional administrative services and legal counsel, and procuring insurance. Except as required by an enforceable obligation, the work of winding down the redevelopment agency does not include planning, design, redesign, development, demolition, alteration, construction, construction financing, site remediation, site development or improvement, land clearance, seismic retrofits, and other similar work. Successor agencies may not create enforceable obligations to repay loans entered into between the redevelopment agency that it is succeeding and the city, county, or city and county that formed the redevelopment agency that it is succeeding, except as provided in Chapter 9 (commencing with Section 34191.1). (c) Successor agencies shall lack the authority to, and shall not, transfer any powers or revenues of the successor agency to any other party, public or private, except pursuant to an enforceable obligation on a Recognized Obligation Payment Schedule approved by the department. Any such transfers of authority or revenues that are not made pursuant to an enforceable obligation on a Recognized Obligation Payment Schedule approved by the department are hereby declared to be void, and the successor agency shall take action to reverse any of those transfers. The Controller may audit any transfer of authority or revenues prohibited by this section and may order the prompt return of any money or other things of value from the receiving party. (d) Redevelopment agencies that resolved to participate in the Voluntary Alternative Redevelopment Program under Chapter 6 of the First Extraordinary Session of the Statutes of 2011 were and are subject to the provisions of Part 1.8 (commencing with Section 34161). Any actions taken by redevelopment agencies to create obligations after June 27, 2011, are ultra vires and do not create enforceable obligations. (e) The provisions of this section shall apply retroactively to any successor agency or redevelopment agency actions occurring on or after June 27, 2012. (Amended by Stats. 2015, Ch. 325, Sec. 7. (SB 107) Effective September 22, 2015.)
  22. 34177.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    A successor agency may issue or refinance certain bonds and indebtedness for specified purposes, but only within stated cost limits and subject to oversight board approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34177.5. (a) In addition to the powers granted to each successor agency, and notwithstanding anything in the act adding this part, including, but not limited to, Sections 34162 and 34189, a successor agency shall have the authority, rights, and powers of the redevelopment agency to which it succeeded solely for the following purposes: (1) For the purpose of issuing bonds or incurring other indebtedness to refund the bonds or other indebtedness of its former redevelopment agency or of the successor agency to provide savings to the successor agency, provided that (A) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to maturity on the bonds or other indebtedness to be refunded plus the remaining principal of the bonds or other indebtedness to be refunded, and (B) the principal amount of the refunding bonds or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves, and to pay related costs of issuance. If the foregoing conditions are satisfied, the initial principal amount of the refunding bonds or other indebtedness may be greater than the outstanding principal amount of the bonds or other indebtedness to be refunded. The successor agency may pledge to the refunding bonds or other indebtedness the revenues pledged to the bonds or other indebtedness being refunded, and that pledge, when made in connection with the issuance of such refunding bonds or other indebtedness, shall have the same lien priority as the pledge of the bonds or other obligations to be refunded, and shall be valid, binding, and enforceable in accordance with its terms. (2) For the purpose of issuing bonds or other indebtedness to finance debt service spikes, including balloon maturities, provided that (A) the existing indebtedness is not accelerated, except to the extent necessary to achieve substantially level debt service, and (B) the principal amount of the bonds or other indebtedness shall not exceed the amount required to finance the debt service spikes, including establishing customary debt service reserves and paying related costs of issuance. (3) For the purpose of amending an existing enforceable obligation under which the successor agency is obligated to reimburse a political subdivision of the state for the payment of debt service on a bond or other obligation of the political subdivision, or to pay all or a portion of the debt service on the bond or other obligation of the political subdivision to provide savings to the successor agency, provided that (A) the enforceable obligation is amended in connection with a refunding of the bonds or other obligations of the political subdivision so that the enforceable obligation will apply to the refunding bonds or other refunding indebtedness of the political subdivision, (B) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to maturity on the bonds or other indebtedness to be refunded plus the remaining principal of the bonds or other indebtedness to be refunded, and (C) the principal amount of the refunding bonds or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves and to pay related costs of issuance. The pledge set forth in that amended enforceable obligation, when made in connection with the execution of the amendment of the enforceable obligation, shall have the same lien priority as the pledge in the enforceable obligation prior to its amendment and shall be valid, binding, and enforceable in accordance with its terms. (4) For the purpose of issuing bonds or incurring other indebtedness to make payments under enforceable obligations when the enforceable obligations include the irrevocable pledge of property tax increment, formerly tax increment revenues prior to the effective date of this part, or other funds and the obligation to issue bonds secured by that pledge. The successor agency may pledge to the bonds or other indebtedness the property tax revenues and other funds described in the enforceable obligation, and that pledge, when made in connection with the issuance of the bonds or the incurring of other indebtedness, shall be valid, binding, and enforceable in accordance with its terms. This paragraph shall not be deemed to authorize a successor agency to increase the amount of property tax revenues pledged under an enforceable obligation or to pledge any property tax revenue not already pledged pursuant to an enforceable obligation. This paragraph does not constitute a change in, but is declaratory of, the existing law. (b) The refunding bonds authorized under this section may be issued under the authority of Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, and the refunding bonds may be sold at public or private sale, or to a joint powers authority pursuant to the Marks-Roos Local Bond Pooling Act (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (c) (1) Prior to incurring any bonds or other indebtedness pursuant to this section, the successor agency may subordinate to the bonds or other indebtedness the amount required to be paid to an affected taxing entity pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that the affected taxing entity has approved the subordinations pursuant to this subdivision. (2) At the time the successor agency requests an affected taxing entity to subordinate the amount to be paid to it, the successor agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service on the bonds or other indebtedness and the payments required by paragraph (1) of subdivision (a) of Section 34183, when due. (3) Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the successor agency will not be able to pay the debt service payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. (d) An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds or other obligations authorized by this section, the pledge of revenues to those bonds or other obligations authorized by this section, the legality and validity of all proceedings theretofore taken and, as provided in the resolution of the legislative body of the successor agency authorizing the bonds or other obligations authorized by this section, proposed to be taken for the authorization, execution, issuance, sale, and delivery of the bonds or other obligations authorized by this section, and for the payment of debt service on the bonds or the payment of amounts under other obligations authorized by this section. Subdivision (c) of Section 33501 shall not apply to any such action. The department shall be notified of the filing of any action as an affected party. (e) Notwithstanding any other law, including, but not limited to, Section 33501, an action to challenge the issuance of bonds, the incurrence of indebtedness, the amendment of an enforceable obligation, or the execution of a financing agreement by a successor agency shall be brought within 30 days after the date on which the oversight board approves the resolution of the successor agency approving the issuance of bonds, the incurrence of indebtedness, the amendment of an enforceable obligation, or the execution of a financing agreement authorized under this section. (f) The actions authorized in this section shall be subject to the approval of the oversight board, as provided in Section 34180. Additionally, an oversight board may direct the successor agency to commence any of the transactions described in subdivision (a) so long as the successor agency is able to recover its related costs in connection with the transaction. After a successor agency, with approval of the oversight board, issues any bonds, incurs any indebtedness, or executes an amended enforceable obligation pursuant to subdivision (a), the oversight board shall not unilaterally approve any amendments to or early termination of the bonds, indebtedness, or enforceable obligation. If, under the authority granted to it by subdivision (h) of Section 34179, the department either reviews and approves or fails to request review within five business days of an oversight board approval of an action authorized by this section, the scheduled payments on the bonds or other indebtedness shall be listed in the Recognized Obligation Payment Schedule and shall not be subject to further review and approval by the department or the Controller. The department may extend its review time to 60 days for actions authorized in this section and may seek the assistance of the Treasurer in evaluating proposed actions under this section. (g) Any bonds, indebtedness, or amended enforceable obligation authorized by this section shall be considered indebtedness incurred by the dissolved redevelopment agency, with the same legal effect as if the bonds, indebtedness, financing agreement, or amended enforceable obligation had been issued, incurred, or entered into prior to June 28, 2011, in full conformity with the applicable provisions of the Community Redevelopment Law that existed prior to that date, shall be included in the successor agency’s Recognized Obligation Payment Schedule, and shall be secured by a pledge of, and lien on, and shall be repaid from moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (c) of Section 34172, as provided in paragraph (2) of subdivision (a) of Section 34183. Property tax revenues pledged to any bonds, indebtedness, or amended enforceable obligations authorized by this section are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 and Section 16 of Article XVI of the California Constitution. (h) The successor agency shall make diligent efforts to ensure that the lowest long-term cost financing is obtained. The financing shall not provide for any bullets or spikes and shall not use variable rates. The successor agency shall make use of an independent financial advisor in developing financing proposals and shall make the work products of the financial advisor available to the department at its request. (i) If an enforceable obligation provides for an irrevocable commitment of revenue and where allocation of such revenues is expected to occur over time, the successor agency may petition the department by electronic means and in a manner of the department’s choosing to provide written confirmation that its determination of such enforceable obligation as approved in a Recognized Obligation Payment Schedule is final and conclusive, and reflects the department’s approval of subsequent payments made pursuant to the enforceable obligation. The successor agency shall provide a copy of the petition to the county auditor-controller at the same time it is submitted to the department. The department shall have 100 days from the date of the request for a final and conclusive determination to provide written confirmation of approval or denial of the request. For any pending final and conclusive determination requests submitted prior to June 30, 2015, the department shall have until December 31, 2015, to provide written confirmation of approval or denial of the request. If the confirmation of approval is granted, then the department’s review of such payments in future Recognized Obligation Payment Schedules shall be limited to confirming that they are required by the prior enforceable obligation. (j) The successor agency may request that the department provide a written determination to waive the two-year statute of limitations on an action to review the validity of the adoption or amendment of a redevelopment plan pursuant to subdivision (c) of Section 33500 or on any findings or determinations made by the agency pursuant to subdivision (d) of Section 33500. The department at its discretion may provide a waiver if it determines it is necessary for the agency to fulfill an enforceable obligation. (Amended by Stats. 2015, Ch. 325, Sec. 8. (SB 107) Effective September 22, 2015.)
  23. 34177.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The successor agency for San Francisco may finance specified affordable housing and related projects with bonds or other debt, but the financing must avoid bullets, spikes, and variable rates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34177.7. (a) (1) In addition to the powers granted to each successor agency, and notwithstanding anything in the act adding this part, including, but not limited to, Sections 34162 and 34189, the successor agency to the Redevelopment Agency of the City and County of San Francisco shall have the authority, rights, and powers of the Redevelopment Agency to which it succeeded solely for the purpose of issuing bonds or incurring other indebtedness to finance: (A) The affordable housing required by the Mission Bay North Owner Participation Agreement, the Mission Bay South Owner Participation Agreement, the Disposition and Development Agreement for Hunters Point Shipyard Phase 1, the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement, and the Transbay Implementation Agreement. (B) The infrastructure required by the Transbay Implementation Agreement. (C) (i) The development, construction, repair, renovation, or reconstruction of up to 5,842 units of affordable housing by or on behalf of the City and County of San Francisco that shall be or remain affordable to, and occupied by, persons and families of low-, moderate-, extremely low, and very low income households for the longest feasible time, but not less than 55 years for rental units and 45 years for owner-occupied units. (ii) For purposes of this subparagraph, and notwithstanding Section 34177.3, the successor agency to the Redevelopment Agency of the City and County of San Francisco may create enforceable obligations that are related to the issuance of bonds or incurrence of other indebtedness and may enter into any contracts or arrangements that are related to the development, construction, repair, renovation, or reconstruction of the units of affordable housing, so long as the expenses of any of those arrangements are paid solely from property tax revenues available in the Redevelopment Property Tax Trust Fund to the extent the property tax revenues represent the amount of revenues on deposit in the Redevelopment Property Tax Trust Fund that otherwise would have been distributed to the City and County of San Francisco pursuant to paragraph (4) of subdivision (a) of Section 34183 remaining after the payment of debt service on the bonds or debt for the applicable fiscal year. (iii) The successor agency to the Redevelopment Agency of the City and County of San Francisco may enter into arrangements with the City and County of San Francisco for the purpose of providing the proceeds from the issuance of bonds or the incurrence of debt under this subparagraph to the City and County of San Francisco for development, construction, repair, renovation, or reconstruction of the units of affordable housing described in this subparagraph and to facilitate compliance with any obligations of the successor agency resulting from the issuance of bonds or incurrence of debt. (iv) Any costs related to the issuance and administration of bonds issued or debt incurred that are not paid with the proceeds from the sale of those bonds or incurrence of debt shall be repaid solely from property tax revenues available in the Redevelopment Property Tax Trust Fund to the extent the property tax revenues represent the amount of revenues on deposit in the Redevelopment Property Tax Trust Fund that otherwise would have been distributed to the City and County of San Francisco pursuant to paragraph (4) of subdivision (a) of Section 34183 remaining after the payment of debt service on the bonds or debt for the applicable fiscal year. (2) (A) For purposes of financing the obligations described in subparagraphs (A) and (B) of paragraph (1), the successor agency to the Redevelopment Agency of the City and County of San Francisco may pledge to the bonds or other indebtedness the property tax revenues available in the successor agency’s Redevelopment Property Tax Trust Fund that are not otherwise obligated. (B) For purposes of financing the development, construction, repair, renovation, or reconstruction of the units of affordable housing described in subparagraph (C) of paragraph (1), the successor agency to the Redevelopment Agency of the City and County of San Francisco may pledge to the bonds or other indebtedness issued, incurred, or entered into by the successor agency to the Redevelopment Agency of the City and County of San Francisco the property tax revenues available in the Redevelopment Property Tax Trust Fund to the extent the property tax revenues represent the amount of revenues on deposit in the Redevelopment Property Tax Trust Fund that otherwise would have been distributed to the City and County of San Francisco pursuant to paragraph (4) of subdivision (a) of Section 34183. Property tax revenues allocated to the successor agency pursuant to this subparagraph for the development, construction, repair, renovation, or reconstruction of the units of affordable housing shall not include any moneys that are payable to local agencies other than the City and County of San Francisco, school districts that maintain kindergarten and grades 1 to 12, inclusive, community college districts, or the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183. (b) Bonds issued pursuant to this section may be sold pursuant to either a negotiated or a competitive sale. The bonds issued or other indebtedness obligations incurred pursuant to this section may be issued or incurred on a parity basis with outstanding bonds or other indebtedness obligations of the successor agency to the Redevelopment Agency of the City and County of San Francisco and may pledge the revenues pledged to those outstanding bonds or other indebtedness obligations to the issuance of bonds or other obligations pursuant to this section. The pledge, when made in connection with the issuance of bonds or other indebtedness obligations under this section, shall have the same lien priority as the pledge of outstanding bonds or other indebtedness obligations, and shall be valid, binding, and enforceable in accordance with its terms. (c) (1) Prior to issuing any bonds or incurring other indebtedness pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a), the successor agency to the Redevelopment Agency of the City and County of San Francisco may subordinate to the bonds or other indebtedness the amount required to be paid to an affected taxing entity pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that the affected taxing entity has approved the subordinations pursuant to this subdivision. (2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service on the bonds or other indebtedness and the payments required by paragraph (1) of subdivision (a) of Section 34183, when due. (3) Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the successor agency will not be able to pay the debt service payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. (d) Prior to issuing any bonds or incurring other indebtedness pursuant to subparagraph (C) of paragraph (1) of subdivision (a), the successor agency to the Redevelopment Agency of the City and County of San Francisco may subordinate to the bonds or other indebtedness the amount required to be paid to the City and County of San Francisco pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that the City and County of San Francisco has approved the subordinations. (e) An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds or other obligations authorized by this section, the pledge of revenues to those bonds or other obligations authorized by this section, the legality and validity of all proceedings theretofore taken and, as provided in the resolution of the legislative body of the successor agency to the Redevelopment Agency of the City and County of San Francisco authorizing the bonds or other indebtedness obligations authorized by this section, proposed to be taken for the authorization, execution, issuance, sale, and delivery of the bonds or other obligations authorized by this section, and for the payment of debt service on the bonds or the payment of amounts under other obligations authorized by this section. Subdivision (c) of Section 33501 shall not apply to any such action. The department shall be notified of the filing of any action as an affected party. (f) Notwithstanding any other law, including, but not limited to, Section 33501, an action to challenge the issuance of bonds or the incurrence of indebtedness by the successor agency to the Redevelopment Agency of the City and County of San Francisco shall be brought within 30 days after the date on which the oversight board approves the resolution of the agency approving the issuance of bonds or the incurrence of indebtedness under this section. (g) The actions authorized in this section shall be subject to the approval of the oversight board, as provided in Section 34180. Additionally, the oversight board may direct the successor agency to the Redevelopment Agency of the City and County of San Francisco to commence any of the transactions described in subdivision (a) so long as the agency is able to recover its related costs in connection with the transaction. After the agency, with approval of the oversight board, issues any bonds or incurs any indebtedness pursuant to subdivision (a), the oversight board shall not unilaterally approve any amendments to or early termination of the bonds or indebtedness. If, under the authority granted to it by subdivision (h) of Section 34179, the department either reviews and approves or fails to request review within five business days of an oversight board approval of an action authorized by this section, the scheduled payments on the bonds or other indebtedness shall be listed in the Recognized Obligation Payment Schedule and shall not be subject to further review and approval by the department or the Controller. The department may extend its review time to 60 days for actions authorized in this section and may seek the assistance of the Treasurer in evaluating proposed actions under this section. (h) (1) A bond or indebtedness authorized by this section shall be considered indebtedness incurred by the dissolved redevelopment agency, with the same legal effect as if the bonds or other indebtedness had been issued, incurred, or entered into prior to June 28, 2011, in full conformity with the applicable provisions of the Community Redevelopment Law that existed prior to that date, shall be included in the successor agency to the Redevelopment Agency of the City and County of San Francisco’s Recognized Obligation Payment Schedule, and shall be secured by a pledge of, and lien on, and shall be repaid from moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of Section 34170.5, as provided in paragraph (2) of subdivision (a) of Section 34183. Property tax revenues pledged to any bonds or other indebtedness obligations authorized by this section are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 and Section 16 of Article XVI of the California Constitution. (2) Notwithstanding paragraph (1), a bond or other indebtedness issued, incurred, or entered into pursuant to subparagraph (C) of paragraph (1) of subdivision (a) shall be secured by a pledge of, and lien on, and shall be repaid from, moneys deposited in the Redevelopment Property Tax Trust Fund, established pursuant to subdivision (b) of Section 34170.5, as provided in paragraph (2) of subdivision (a) of Section 34183 only to the extent the moneys represent the amount of moneys on deposit in the Redevelopment Property Tax Trust Fund that otherwise would have been distributed to the City and County of San Francisco pursuant to paragraph (4) of subdivision (a) of Section 34183. Property tax revenues pledged to any bonds or other indebtedness obligations authorized by this paragraph are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 and Section 16 of Article XVI of the California Constitution. (i) The successor agency to the Redevelopment Agency of the City and County of San Francisco shall make diligent efforts to ensure that the lowest long-term cost financing is obtained. The financing shall not provide for any bullets or spikes and shall not use variable rates. The agency shall make use of an independent financial advisor in developing financing proposals and shall make the work products of the financial advisor available to the department at its request. (j) (1) (A) For the development of the project described in the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement, the limitations relating to time for establishing loans, advances, and indebtedness, the effectiveness of the redevelopment plans, the time to repay indebtedness, the time for applying tax increment, the number of tax dollars, or any other matters set forth in Section 33333.2 and Section 33492.13 shall not apply. (B) The Candlestick Point-Hunters Point Shipyard Phase 2 project agreements shall establish the applicable limitations relating to time for establishing loans, advances, and indebtedness, the effectiveness of the redevelopment plans, the time to repay indebtedness, the time for applying tax increment, number of tax dollars, or any other matters set forth in Section 33333.2 and Section 33492.13. Any amendments to Candlestick Point-Hunters Point Shipyard Phase 2 project agreements to establish or change those time limits shall be approved by the oversight board, and shall be subject to department approval, as described in this part. (2) This part shall not be construed to limit the receipt and use of property tax revenues generated from the Hunters Point Redevelopment Plan project area or Zone 1 of the Bayview Hunters Point Redevelopment Plan project area for the project described in the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement. (Amended by Stats. 2023, Ch. 782, Sec. 2.5. (SB 593) Effective January 1, 2024.)
  24. 34178.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section limits when successor agencies and oversight boards may make or approve agreements tied to a former redevelopment agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34178. (a) Commencing on the operative date of this part, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing to enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency that it is succeeding may do so subject to the restrictions identified in subdivision (c), and upon obtaining the approval of its oversight board. (b) Notwithstanding subdivision (a), any of the following agreements are not invalid and may bind the successor agency: (1) A duly authorized written agreement entered into at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and solely for the purpose of securing or repaying those indebtedness obligations. (2) A written agreement between a redevelopment agency and the city, county, or city and county that created it that provided loans or other startup funds for the redevelopment agency that were entered into within two years of the formation of the redevelopment agency. (3) A joint exercise of powers agreement in which the redevelopment agency is a member of the joint powers authority. However, upon assignment to the successor agency by operation of the act adding this part, the successor agency’s rights, duties, and performance obligations under that joint exercise of powers agreement shall be limited by the constraints imposed on successor agencies by the act adding this part. (4) A duly authorized written agreement entered into at the time of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and solely for the purpose of securing or repaying the refunded and refinanced indebtedness obligations. (c) An oversight board shall not approve any agreements between the successor agency and the city, county, or city and county that formed the redevelopment agency that it is succeeding, except for agreements for the limited purposes set forth in subdivision (b) of Section 34177.3. A successor agency shall not enter or reenter into any agreements with the city, county, or city and county that formed the redevelopment agency that it is succeeding, except for agreements for the limited purposes set forth in subdivision (b) of Section 34177.3. A successor agency or an oversight board shall not exercise the powers granted by subdivision (a) to restore funding for any item that was denied or reduced by the department. This subdivision shall apply retroactively to all agreements entered or reentered pursuant to this section on and after June 27, 2012. Any agreement entered or reentered pursuant to this section on and after June 27, 2012, that does not comply with this subdivision is ultra vires and void, and does not create an enforceable obligation. The Legislature finds and declares that this subdivision is necessary to promote the expeditious wind down of redevelopment agency affairs. (Amended by Stats. 2015, Ch. 325, Sec. 10. (SB 107) Effective September 22, 2015.)
  25. 34178.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section says certain date references must be adjusted for a redevelopment agency that comes under this part through Section 34195.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34178.7. For purposes of this chapter with regard to a redevelopment agency that becomes subject to this part pursuant to Section 34195, only references to “October 1, 2011,” and to the “operative date of this part” shall be modified in the manner described in Section 34191. All other dates shall be modified only as necessary to reflect the appropriate fiscal year or portion of a fiscal year. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
  26. 34178.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The housing successor must make qualifying low- or moderate-income housing available for rent or purchase to displaced low- or moderate-income persons and families, and give them priority if they meet the housing requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 3. Successor Agencies [34177 - 34178.8] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34178.8. (a) Notwithstanding Section 33411.3, if all or any portion of a redevelopment project was developed with low- or moderate-income housing units and low- or moderate-income housing units were developed with redevelopment agency assistance or pursuant to Section 33413, the redevelopment agency’s housing successor designated under Section 34176 shall require, by contract or other appropriate means, that the housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the redevelopment project and to a person of low or moderate income who is a descendant of the person displaced by the redevelopment project and who, at the time of displacement, was not living in the household or had not yet been born, if those persons or families meet the income eligibility and other requirements for that housing. Those persons and families shall be given priority in renting or buying that housing. However, failure to give that priority shall not affect the validity of title to real property. The redevelopment agency’s housing successor shall keep a list of persons and families of low and moderate income who are to be given priority pursuant to this section, and may establish reasonable rules for determining the order or priority on the list. (b) For purposes of this section, “descendant” shall have the meaning provided in Section 6205 of the Probate Code. (Amended by Stats. 2022, Ch. 632, Sec. 4. (SB 1252) Effective January 1, 2023.)
  27. 34179.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Successor agencies must have a seven-member oversight board, with specified appointments, reporting, and operating rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179. (a) Each successor agency shall have an oversight board composed of seven members. The members shall elect one of their members as the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012. Members shall be selected as follows: (1) One member appointed by the county board of supervisors. (2) One member appointed by the mayor for the city that formed the redevelopment agency. (3) (A) One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency that is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. (B) On or after the effective date of this subparagraph, the county auditor-controller may determine which is the largest special district for purposes of this section. (4) One member appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public appointed by the county board of supervisors. (7) One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. If city or county employees performed administrative duties of the former redevelopment agency, the appointment shall be made from the recognized employee organization representing those employees. If a recognized employee organization does not exist for either the employees of the former redevelopment agency or the city or county employees performing administrative duties of the former redevelopment agency, the appointment shall be made from among the employees of the successor agency. In voting to approve a contract as an enforceable obligation, a member appointed pursuant to this paragraph shall not be deemed to be interested in the contract by virtue of being an employee of the successor agency or community for purposes of Section 1090 of the Government Code. (8) If the county or a joint powers agency formed the redevelopment agency, the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the public. (9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188 within the territorial jurisdiction of the former redevelopment agency, the county may appoint one member to represent the public. (10) If a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: (A) Three members appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors. (B) One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, that is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. (C) One member appointed by the county superintendent of education to represent schools. (D) One member appointed by the Chancellor of the California Community Colleges to represent community college districts. (E) One member representing employees of the former redevelopment agency appointed by the mayor of the city if that appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time. (11) Each appointing authority identified in this subdivision may, but is not required to, appoint alternate representatives to serve on the oversight board as may be necessary to attend any meeting of the oversight board in the event that the appointing authority’s primary representative is unable to attend any meeting for any reason. If an alternate representative attends any meeting in place of the primary representative, the alternate representative shall have the same participatory and voting rights as all other attending members of the oversight board. (b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by May 15, 2012, or any member position that remains vacant for more than 60 days. (c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board’s and the successor agency’s duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include those costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. (d) Oversight board members are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. (e) A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and the Political Reform Act of 1974 (Chapter 1 (commencing with Section 81000) of Title 9 of the Government Code). All actions taken by the oversight board shall be adopted by resolution. (f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency’s internet website or the oversight board’s internet website. (g) Each member of an oversight board shall serve at the pleasure of the entity that appointed that member. (h) (1) The department may review an oversight board action taken pursuant to this part. Written notice and information about all actions taken by an oversight board shall be provided to the department as an approved resolution by electronic means and in a manner of the department’s choosing. Without abrogating the department’s authority to review all matters related to the Recognized Obligation Payment Schedule pursuant to Section 34177, oversight boards are not required to submit the following oversight board actions for department approval: (A) Meeting minutes and agendas. (B) Administrative budgets. (C) Changes in oversight board members, or the selection of an oversight board chair or vice chair. (D) Transfers of governmental property pursuant to an approved long-range property management plan. (E) Transfers of property to be retained by the sponsoring entity for future development pursuant to an approved long-range property management plan. (2) An oversight board action submitted in a manner specified by the department shall become effective five business days after submission, unless the department requests a review of the action. Each oversight board shall designate an official to whom the department may make those requests and who shall provide the department with the telephone number and email contact information for the purpose of communicating with the department pursuant to this subdivision. Except as otherwise provided in this part, if the department requests a review of a given oversight board action, it shall have 40 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and the oversight board action shall not be effective until approved by the department. If the department returns the oversight board action to the oversight board for reconsideration, the oversight board shall resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department. If the department reviews a Recognized Obligation Payment Schedule, the department may eliminate or modify any item on that schedule prior to its approval. The county auditor-controller shall reflect the actions of the department in determining the amount of property tax revenues to allocate to the successor agency. The department shall provide notice to the successor agency and the county auditor-controller as to the reasons for its actions. To the extent that an oversight board continues to dispute a determination with the department, one or more future Recognized Obligation Payment Schedules may reflect any resolution of that dispute. The department may also agree to an amendment to a Recognized Obligation Payment Schedule to reflect a resolution of a disputed item; however, this shall not affect a past allocation of property tax or create a liability for any affected taxing entity. (i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) of Title 1 of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district. (j) Except as specified in subdivision (q), commencing on and after July 1, 2018, in each county where more than one oversight board was created by operation of the act adding this part, there shall be only one oversight board, which shall be staffed by the county auditor-controller, by another county entity selected by the county auditor-controller, or by a city within the county that the county auditor-controller may select after consulting with the department. Pursuant to Section 34183, the county auditor-controller may recover directly from the Redevelopment Property Tax Trust Fund, and distribute to the appropriate city or county entity, reimbursement for all costs incurred by it or by the city or county pursuant to this subdivision, which shall include any associated startup costs. However, if only one successor agency exists within the county, the county auditor-controller may designate the successor agency to staff the oversight board. The oversight board is appointed as follows: (1) One member may be appointed by the county board of supervisors. (2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. (3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. (4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public may be appointed by the county board of supervisors. (7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county. (k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2018, or any member position that remains vacant for more than 60 days. (l) Commencing on and after July 1, 2018, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (j). (m) Any oversight board for a given successor agency, with the exception of countywide oversight boards, shall cease to exist when the successor agency has been formally dissolved pursuant to Section 34187. A county oversight board shall cease to exist when all successor agencies subject to its oversight have been formally dissolved pursuant to Section 34187. (n) An oversight board may direct a successor agency to provide legal or financial advice in addition to that provided by agency staff. (o) An oversight board is authorized to contract with the county or other public or private agencies for administrative support. (p) On matters within the purview of the oversight board, decisions made by the oversight board supersede those made by the successor agency or the staff of the successor agency. (q) (1) Commencing on and after July 1, 2018, in each county where more than 40 oversight boards were created by operation of the act adding this part, there shall be five oversight boards, which shall each be staffed in the same manner as specified in subdivision (j). The membership of each oversight board shall be as specified in paragraphs (1) through (7), inclusive, of subdivision (j). (2) The oversight boards shall be numbered one through five, and their respective jurisdictions shall encompass the same territory located within the respective borders of the first through fifth county board of supervisors districts, as those district boundaries are determined and adjusted by the Citizens Redistricting Commission of that county. Except as specified in paragraph (3), each oversight board shall have jurisdiction over each successor agency located within its borders. (3) By July 15, 2025, and by July 15 of the year following a year that the county board of supervisors district’s boundaries are adjusted, if a successor agency has territory located within more than one county board of supervisors’ district, the county board of supervisors shall determine which oversight board shall have jurisdiction over that successor agency. The county board of supervisors or their designee shall report this information to the successor agency and the department by the aforementioned dates. (4) The successor agency to the former redevelopment agency created by a county where more than 40 oversight boards were created by operation of the act adding this part, shall be under the jurisdiction of the oversight board with the fewest successor agencies under its jurisdiction. (Amended by Stats. 2024, Ch. 63, Sec. 1. (AB 2213) Effective January 1, 2025.)
  28. 34179.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Each successor agency must hire a licensed accountant approved by the county auditor-controller to conduct a due diligence review, unless the agency uses a county auditor-controller audit with oversight board concurrence.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179.5. (a) In furtherance of subdivision (d) of Section 34177, each successor agency shall employ a licensed accountant, approved by the county auditor-controller and with experience and expertise in local government accounting, to conduct a due diligence review to determine the unobligated balances available for transfer to taxing entities. As an alternative, an audit provided by the county auditor-controller that provides the information required by this section may be used to comply with this section with the concurrence of the oversight board. (b) For purposes of this section the following terms shall have the following meanings: (1) “Cash” and “cash equivalents” includes, but is not limited to, cash in hand, bank deposits, Local Agency Investment Fund deposits, deposits in the city or county treasury or any other pool, marketable securities, commercial paper, United States Treasury bills, banker’s acceptances, payables on demand and amounts due from other parties as defined in subdivision (c), and any other money owned by the successor agency. (2) “Enforceable obligation” includes any of the items listed in subdivision (d) of Section 34171, contracts detailing specific work to be performed that were entered into by the former redevelopment agency prior to June 28, 2011, with a third party that is other than the city, county, or city and county that created the former redevelopment agency, and indebtedness obligations as defined in subdivision (e) of Section 34171. (3) “Transferred” means the transmission of money to another party that is not in payment for goods or services or an investment or where the payment is de minimus. Transfer also means where the payments are ultimately merely a restriction on the use of the money. (c) At a minimum, the review required by this section shall include the following: (1) The dollar value of assets transferred from the former redevelopment agency to the successor agency on or about February 1, 2012. (2) The dollar value of assets and cash and cash equivalents transferred after January 1, 2011, through June 30, 2012, by the redevelopment agency or the successor agency to the city, county, or city and county that formed the redevelopment agency and the purpose of each transfer. The review shall provide documentation of any enforceable obligation that required the transfer. (3) The dollar value of any cash or cash equivalents transferred after January 1, 2011, through June 30, 2012, by the redevelopment agency or the successor agency to any other public agency or private party and the purpose of each transfer. The review shall provide documentation of any enforceable obligation that required the transfer. (4) The review shall provide expenditure and revenue accounting information and identify transfers and funding sources for the 2010–11 and 2011–12 fiscal years that reconciles balances, assets, and liabilities of the successor agency on June 30, 2012 to those reported to the Controller for the 2009–10 fiscal year. (5) A separate accounting for the balance for the Low and Moderate Income Housing Fund for all other funds and accounts combined shall be made as follows: (A) A statement of the total value of each fund as of June 30, 2012. (B) An itemized statement listing any amounts that are legally restricted as to purpose and cannot be provided to taxing entities. This could include the proceeds of any bonds, grant funds, or funds provided by other governmental entities that place conditions on their use. (C) An itemized statement of the values of any assets that are not cash or cash equivalents. This may include physical assets, land, records, and equipment. For the purpose of this accounting, physical assets may be valued at purchase cost or at any recently estimated market value. The statement shall list separately housing-related assets. (D) An itemized listing of any current balances that are legally or contractually dedicated or restricted for the funding of an enforceable obligation that identifies the nature of the dedication or restriction and the specific enforceable obligation. In addition, the successor agency shall provide a listing of all approved enforceable obligations that includes a projection of annual spending requirements to satisfy each obligation and a projection of annual revenues available to fund those requirements. If a review finds that future revenues together with dedicated or restricted balances are insufficient to fund future obligations and thus retention of current balances is required, it shall identify the amount of current balances necessary for retention. The review shall also detail the projected property tax revenues and other general purpose revenues to be received by the successor agency, together with both the amount and timing of the bond debt service payments of the successor agency, for the period in which the oversight board anticipates the successor agency will have insufficient property tax revenue to pay the specified obligations. (E) An itemized list and analysis of any amounts of current balances that are needed to satisfy obligations that will be placed on the Recognized Obligation Payment Schedules for the current fiscal year. (6) The review shall total the net balances available after deducting the total amounts described in subparagraphs (B) to (E), inclusive, of paragraph (5). The review shall add any amounts that were transferred as identified in paragraphs (2) and (3) of subdivision (c) if an enforceable obligation to make that transfer did not exist. The resulting sum shall be available for allocation to affected taxing entities pursuant to Section 34179.6. It shall be a rebuttable presumption that cash and cash equivalent balances available to the successor agency are available and sufficient to disburse the amount determined in this paragraph to taxing entities. If the review finds that there are insufficient cash balances to transfer or that cash or cash equivalents are specifically obligated to the purposes described in subparagraphs (B), (D), and (E) of paragraph (5) in such amounts that there is insufficient cash to provide the full amount determined pursuant to this paragraph, that amount shall be demonstrated in an additional itemized schedule. (Added by Stats. 2012, Ch. 26, Sec. 17. (AB 1484) Effective June 27, 2012.)
  29. 34179.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section requires successor agencies to submit review materials and payment schedule copies, and sets deadlines for oversight board and department review, approval, reporting, and fund transfer actions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179.6. The review required pursuant to Section 34179.5 shall be submitted to the oversight board for review. The successor agency shall submit a copy of the Recognized Obligation Payment Schedule to the county administrative officer, the county auditor-controller, and the Department of Finance at the same time that the successor agency submits the review to the oversight board for review. (a) By October 1, 2012, each successor agency shall provide to the oversight board, the county auditor-controller, the Controller, and the Department of Finance the results of the review conducted pursuant to Section 34179.5 for the Low and Moderate Income Housing Fund and specifically the amount of cash and cash equivalents determined to be available for allocation to taxing entities. By December 15, 2012, each successor agency shall provide to the oversight board, the county auditor-controller, the Controller, and the department the results of the review conducted pursuant to Section 34179.5 for all of the other fund and account balances and specifically the amount of cash and cash equivalents determined to be available for allocation to taxing entities. The department may request any supporting documentation and review results to assist in its review under subdivision (d). The department may specify the form and manner information about the review shall be provided to it. (b) Upon receipt of the review, the oversight board shall convene a public comment session to take place at least five business days before the oversight board holds the approval vote specified in subdivision (c). The oversight board also shall consider any opinions offered by the county auditor-controller on the review results submitted by the successor agencies. (c) By October 15, 2012, for the Low and Moderate Income Housing Fund and by January 15, 2013, for all other funds and accounts, the oversight board shall review, approve, and transmit to the department and the county auditor-controller the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities as determined according to the method provided in Section 34179.5. The oversight board may adjust any amount provided in the review to reflect additional information and analysis. The review and approval shall occur in public sessions. The oversight board may request from the successor agency any materials it deems necessary to assist in its review and approval of the determination. The oversight board shall be empowered to authorize a successor agency to retain assets or funds identified in subparagraphs (B) to (E), inclusive, of paragraph (5) of subdivision (c) of Section 34179.5. An oversight board that makes that authorization also shall identify to the department the amount of funds authorized for retention, the source of those funds, and the purposes for which those funds are being retained. The determination and authorization to retain funds and assets shall be subject to the review and approval of the department pursuant to subdivision (d). (d) The department may adjust any amount associated with the determination of the resulting amount described in paragraph (6) of subdivision (c) of Section 34179.5 based on its analysis and information provided by the successor agency and others. The department shall consider any findings or opinions of the county auditor-controllers and the Controller. The department shall complete its review of the determinations provided pursuant to subdivision (c) no later than November 9, 2012, for the Low and Moderate Income Housing Fund and also shall notify the oversight board and the successor agency of its decision to overturn any decision of the oversight board to authorize a successor agency to retain assets or funds made pursuant to subdivision (c). The department shall complete its review of the determinations provided pursuant to subdivision (c) no later than April 1, 2013, for the other funds and accounts and also shall notify the oversight board and the successor agency of its decision to overturn any oversight board authorizations made pursuant to subdivision (c). The department shall provide the oversight board and the successor agency an explanation of its basis for overturning or modifying any findings, determinations, or authorizations of the oversight board made pursuant to subdivision (c). (e) The successor agency and the entity or entities that created the former redevelopment agency may request to meet and confer with the department to resolve any disputes regarding the amounts or sources of funds identified as determined by the department. The request shall be made within five business days of the transmission, and no later than November 16, 2012, for the determination regarding the Low and Moderate Income Housing Fund, to the successor agency or the designated local authority of the department’s determination, decisions, and explanations and shall be accompanied by an explanation and documentation of the basis of the dispute. The department shall meet and confer with the requesting party and modify its determinations and decisions accordingly. The department shall either confirm or modify its determinations and decisions within 30 days of the request to meet and confer. (f) Each successor agency shall transmit to the county auditor-controller the amount of funds required pursuant to the determination of the department within five working days of receipt of the notification under subdivision (c) or (e) if a meet and confer request is made. Successor agencies shall make diligent efforts to recover any money determined to have been transferred without an enforceable obligation as described in paragraphs (2) and (3) of subdivision (c) of Section 34179.5. The department shall notify the county auditor-controllers of its actions and the county auditor-controllers shall disburse the funds received from successor agencies to taxing entities pursuant to Section 34188 within five working days of receipt. Amounts received after November 28, 2012, and April 10, 2013, may be held and disbursed with the regular payments to taxing entities pursuant to Section 34183. (g) By December 1, 2012, the county auditor-controller shall provide the department a report specifying the amount submitted by each successor agency pursuant to subdivision (d) for low- and moderate-income housing funds, and specifically noting those successor agencies that failed to remit the full required amount. By April 20, 2013, the county auditor-controller shall provide the department a report detailing the amount submitted by each successor agency pursuant to subdivision (d) for all other funds and accounts, and specifically noting those successor agencies that failed to remit the full required amount. (h) If a successor agency fails to remit to the county auditor-controller the sums identified in subdivisions (d) and (f), by the deadlines specified in those subdivisions, the following remedies are available: (1) (A) If the successor agency cannot promptly recover the funds that have been transferred to another public agency without an enforceable obligation as described in paragraphs (2) and (3) of subdivision (c) of Section 34179.5, the funds may be recovered through an offset of sales and use tax or property tax allocations to the local agency to which the funds were transferred. To recover such funds, the Department of Finance may order the State Board of Equalization to make an offset pursuant to subdivision (a) of Section 34179.8. If the Department of Finance does not order a sales tax offset, the county auditor-controller may reduce the property tax allocations to any local agency in the county that fails to repay funds pursuant to subdivision (c) of Section 34179.8. (B) The county auditor-controller and the department shall each have the authority to demand the return of funds improperly spent or transferred to a private person or other private entity. If funds are not repaid within 60 days, they may be recovered through any lawful means of collection and are subject to a ten percent penalty plus interest at the rate charged for late personal income tax payments from the date the improper payment was made to the date the money is repaid. (C) If the city, county, or city and county that created the former redevelopment agency is also performing the duties of the successor agency, the Department of Finance may order an offset to the distribution provided to the sales and use tax revenue to that agency pursuant to subdivision (a) of Section 34179.8. This offset shall be equal to the amount the successor fails to remit pursuant to subdivision (f). If the Department of Finance does not order a sales tax offset, the county auditor-controller may reduce the property tax allocations of the city, county, or city and county that created the former redevelopment agency pursuant to subdivision (c) of Section 34179.8. (D) The department and the county auditor-controller shall coordinate their actions undertaken pursuant to this paragraph. (2) Alternatively or in addition to the remedies provided in paragraph (1), the department may direct the county auditor-controller to deduct the unpaid amount from future allocations of property tax to the successor agency under Section 34183 until the amount of payment required pursuant to subdivision (d) is accomplished. (3) If the Department of Finance determines that payment of the full amount required under subdivision (d) is not currently feasible or would jeopardize the ability of the successor agency to pay enforceable obligations in a timely manner, it may agree to an installment payment plan. (i) (1) If a legal action contesting a withholding effectuated by the State Board of Equalization pursuant to subparagraphs (B), (C), or (B) and (C) of paragraph (2) of subdivision (b) of Section 34183.5 is successful and results in a final judicial determination, the court shall order the state to pay to the prevailing party a penalty equal to a percentage of the amount of funds found by the court to be improperly withheld, as provided in Section 34179.8. This percentage shall be equivalent to the number of months the funds have been found by the court to be improperly withheld, not to exceed 10 percent. (2) If a legal action contesting an offset effectuated by the State Board of Equalization or the county auditor-controller pursuant to subdivision (h) is successful and results in a final judicial determination, the court shall order the state or the county auditor-controller to pay to the prevailing party a penalty equal to 10 percent of the amount of funds found by the court to be improperly offset, as provided in Section 34179.8. (j) If a legal challenge to invalidate any provision in subdivision (h) or subparagraph (B) or (C), or subparagraphs (B) and (C) of paragraph (2) of subdivision (b) of Section 34183.5 is successful and results in a final judicial determination, the invalidated provision shall become inoperative and subdivision (i) shall become inoperative with respect to the invalidated provision. (Added by Stats. 2012, Ch. 26, Sec. 18. (AB 1484) Effective June 27, 2012.)
  30. 34179.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The department must issue a finding of completion within five business days after the required payments are made, paid under a judicial determination, or covered by a written installment payment plan. A successor agency that misses the December 31, 2015 payment or installment-plan deadline never receives a finding of completion.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179.7. Upon full payment of the amounts determined in subdivision (d) or (e) of Section 34179.6 as reported by the county auditor-controller pursuant to subdivision (g) of Section 34179.6 and of any amounts due as determined by Section 34183.5, or upon a final judicial determination of the amounts due and confirmation that those amounts have been paid by the county auditor-controller, or upon entering into a written installment payment plan with the department for payment of the amounts due, the department shall issue, within five business days, a finding of completion of the requirements of Section 34179.6 to the successor agency. (a) Notwithstanding any other of law, if a successor agency fails by December 31, 2015, to pay, or to enter into a written installment payment plan with the department for the payment of, the amounts determined in subdivision (d) or (e) of Section 34179.6, or the amounts determined by Section 34183.5, the successor agency shall never receive a finding of completion. (b) If a successor agency, city, county, or city and county pays, or enters into a written installment payment plan with the department for the payment of the amounts determined in subdivision (d) or (e) of Section 34179.6 or the amounts determined by Section 34183.5, and the successor agency, city, county, or city and county subsequently receives a final judicial determination that reduces or eliminates the amounts determined, an enforceable obligation for the reimbursement of the excess amounts paid shall be created and the obligation to make any payments in excess of the amount determined by a final judicial determination shall be canceled and be of no further force or effect. (c) If, upon consultation with the county auditor-controller, the department finds that a successor agency, city, county, or city and county has failed to fully make one or more payments agreed to in the written installment payment plan, the following shall occur unless the county auditor-controller reports within 10 business days that the successor agency, city, county, or city and county has made the entirety of the incomplete payment or payments: (1) Section 34191.3, subdivision (b) of Section 34191.4, and Section 34191.5 shall not apply to the successor agency. (2) Oversight board actions taken under subdivision (b) of Section 34191.4 shall no longer be effective. Any loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency that were deemed enforceable obligations pursuant to such oversight board actions shall no longer be enforceable obligations. (3) If the department has approved a long-range property management plan for the successor agency, that plan shall no longer be effective. Any property that has not been disposed of through the plan prior to the nonpayment discussed in this subdivision shall be disposed of pursuant to Section 34181. (4) If applicable, the successor agency’s Last and Final Recognized Obligation Payment Schedule shall cease to be effective. However, to ensure the flow of lawful payments to third parties is not impeded, the Last and Final Recognized Obligation Payment Schedule shall remain operative until the successor agency’s next Recognized Obligation Payment Schedule is approved and becomes operative pursuant to Section 34177. (d) Subdivision (c) shall not be construed to prevent the department from working with a successor agency, city, county, or city and county to amend the terms of a written installment payment plan if the department determines the amendments are necessitated by the successor agency’s, city’s, county’s, or city and county’s fiscal situation. (Amended by Stats. 2015, Ch. 325, Sec. 12. (SB 107) Effective September 22, 2015.)
  31. 34179.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section sets out how sales and use tax offsets, reversals, and related payments must be handled by state and county officials.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179.8. (a) If an offset or withholding of sales and use tax is ordered by the Department of Finance pursuant to this part, the State Board of Equalization shall reduce the distribution of sales and use taxes collected under Chapter 1 (commencing with Section 7200) of Part 1.5 of Division 2 of the Revenue and Taxation Code to the entity that is the subject of the offset or withholding and shall direct the Controller to issue a warrant in the amount of any offset pursuant to subdivision (h) of Section 34179.6 to the county auditor-controller. The county auditor-controller shall distribute this amount to the taxing entities for the former redevelopment area according to Section 34188. (b) (1) If a court has issued a final judicial determination or the department determines that some or all of the amount collected through the offset of sales and use tax has been paid by another means and no additional amount is owed, the court or the department shall notify the State Board of Equalization of that determination. Upon notification, the State Board of Equalization shall reverse the relevant amount of sales and use tax offset, add any penalty payable under subdivision (i) of Section 34179.6, and adjust the next distribution of sales and use tax to the affected local entity by reducing the allocation of tax to the General Fund and increasing the distribution to the local entity by that sum. (2) The board shall inform the Controller of the reversal of the offset of sales and use tax undertaken pursuant to paragraph (1). The Controller shall send a demand for payment to the county auditor-controller for the amount of the offset reversal, excluding any penalty amount determined by the court pursuant to subdivision (i) of Section 34179.6 to be applicable to the offset. The auditor-controller shall reduce allocations to taxing entities in the next distributions under Section 34188 until the amount of the reversed offset is recovered and shall pay such recovered amounts to the State Controller for deposit in the General Fund. (c) (1) If an offset of property tax is ordered by the county auditor-controller pursuant to this part, the auditor-controller shall reduce the distribution of property taxes to the entity that is the subject of the offset and shall distribute the amount to the taxing entities for the former redevelopment area according to Section 34188. (2) If a court has issued a final judicial determination or the department determines that some or all of the amount collected through the offset made pursuant to paragraph (1) has been paid by another means and no additional amount is owed, the court or the department shall notify the county auditor-controller of that determination. Upon notification, the county auditor-controller shall reverse the relevant amount of property tax revenues offset in the next distribution of property tax to the affected local entity by reducing the allocation of tax to the taxing entities of the former redevelopment area under Section 34188 and increasing the distribution of property taxes to the local entity that was subject to the offset. (Added by Stats. 2012, Ch. 26, Sec. 20. (AB 1484) Effective June 27, 2012.)
  32. 34179.9.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Certain cities, counties, or city and counties must return specified assets and money to the successor agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34179.9. (a) The city, county, or city and county that created the former redevelopment agency shall return to the successor agency all assets transferred to the city, county, or city and county ordered returned pursuant to Section 34167.5. (b) (1) The city, county, or city and county that created the former redevelopment agency shall return to the successor agency all cash and cash equivalents transferred to the city, county, or city and county that were not required by an enforceable obligation as determined pursuant to Sections 34179.5 and 34179.6. (2) Any amounts required to be returned to the successor agency under Sections 34179.5 and 34179.6, and paragraph (1) of this subdivision, that were transferred to the city, county, or city and county that created the former redevelopment agency as repayment for an advance of funds made by the city, county, or city and county to the former redevelopment agency or successor agency that was needed to pay the former redevelopment agency’s debt service or passthrough payments may be placed on a Recognized Obligation Payment Schedule by the successor agency for payment as an enforceable obligation subject to the following conditions: (A) The transfer to the city, county, or city and county by the former redevelopment agency or successor agency as repayment for the advance of funds occurred within 30 days of receipt of a duly scheduled property tax distribution to the former redevelopment agency by the county auditor-controller. (B) The loan from the city, county, or city and county was necessary because the former redevelopment agency or successor agency had insufficient funds to pay for the former redevelopment agency’s debt service or passthrough payments. (3) Paragraph (2) shall not apply if: (A) The former redevelopment agency had insufficient funds as a result of an unauthorized transfer of cash or cash equivalents to the city, county, or city and county that created the former redevelopment agency. (B) The successor agency has received a finding of completion as of the effective date of the act that added this section. (C) The successor agency, the city, county, or city and county that created the former redevelopment agency, or the successor agency’s oversight board, is currently or was previously a party to outstanding litigation contesting the department’s determination under subdivision (d) or (e) of Section 34179.6. (c) The city, county, or city and county that created the former redevelopment agency shall return to the successor agency any money or assets transferred to the city, county, or city and county by the successor agency that were not authorized pursuant to an effective oversight board action or Recognized Obligation Payment Schedule determination. (Added by Stats. 2015, Ch. 325, Sec. 13. (SB 107) Effective September 22, 2015.)
  33. 34180.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Several successor agency actions must be approved by the oversight board before they happen.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34180. All of the following successor agency actions shall first be approved by the oversight board: (a) The establishment of new repayment terms for outstanding loans where the terms have not been specified prior to the date of this part. An oversight board shall not have the authority to reestablish loan agreements between the successor agency and the city, county, or city and county that formed the redevelopment agency except as provided in Chapter 9 (commencing with Section 34191.1). (b) The issuance of bonds or other indebtedness or the pledge or agreement for the pledge of property tax revenues (formerly tax increment prior to the effective date of this part) pursuant to subdivision (a) of Section 34177.5. (c) Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (d) Merging of project areas. (e) Continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, if that assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the former redevelopment agency, in an amount greater than 5 percent. (f) (1) If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained. (2) If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as determined by an independent appraiser approved by the oversight board. (g) Establishment of the Recognized Obligation Payment Schedule. (h) A request by the successor agency to enter or reenter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding pursuant to Section 34178. An oversight board shall not have the authority to reestablish loan agreements between the successor agency and the city, county, or city and county that formed the redevelopment agency except as provided in Chapter 9 (commencing with Section 34191.1). Any actions to establish or reestablish any other agreements that are authorized under this part, with the city, county, or city and county that formed the redevelopment agency are invalid until they are included in an approved and valid Recognized Obligation Payment Schedule. (i) A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of, property tax revenues pursuant to subdivision (b) of Section 34178. (j) Any document submitted by a successor agency to an oversight board for approval by any provision of this part shall also be submitted to the county administrative officer, the county auditor-controller, and the Department of Finance at the same time that the successor agency submits the document to the oversight board. (Amended by Stats. 2015, Ch. 325, Sec. 14. (SB 107) Effective September 22, 2015.)
  34. 34181.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The oversight board must direct the successor agency to dispose of former redevelopment agency assets, end non-enforceable agreements, transfer housing assets, and follow notice and review steps for certain actions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 4. Oversight Boards [34179 - 34181] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34181. The oversight board shall direct the successor agency to do all of the following: (a) (1) Dispose of all assets and properties of the former redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, parking facilities and lots dedicated solely to public parking, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value. Asset disposition may be accomplished by a distribution of income to taxing entities proportionate to their property tax share from one or more properties that may be transferred to a public or private agency for management pursuant to the direction of the oversight board. (2) “Parking facilities and lots dedicated solely to public parking” do not include properties that generate revenues in excess of reasonable maintenance costs of the properties. (b) Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations. (c) Transfer housing assets pursuant to Section 34176. (d) Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county, obligating the redevelopment agency to provide funding for any debt service obligations of the public entity or for the construction, or operation of facilities owned or operated by such public entity, in any instance where the oversight board has found that early termination would be in the best interests of the taxing entities. (e) Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval. The board may approve any amendments to or early termination of those agreements if it finds that amendments or early termination would be in the best interests of the taxing entities. (f) All actions taken pursuant to subdivisions (a) and (c) shall be approved by resolution of the oversight board at a public meeting after at least 10 days’ notice to the public of the specific proposed actions. The actions shall be subject to review by the department pursuant to Section 34179 except that the department may extend its review period by up to 60 days. If the department does not object to an action subject to this section, and if no action challenging an action is commenced within 60 days of the approval of the action by the oversight board, the action of the oversight board shall be considered final and can be relied upon as conclusive by any person. If an action is brought to challenge an action involving title to or an interest in real property, a notice of pendency of action shall be recorded by the claimant as provided in Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure within a 60-day period. (Amended by Stats. 2015, Ch. 325, Sec. 15. (SB 107) Effective September 22, 2015.)
  35. 34182.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The county auditor-controller must audit redevelopment agencies, report and share the audits by set dates, maintain records, calculate and deposit property tax amounts, administer the trust fund, and follow Controller review rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34182. (a) (1) The county auditor-controller shall conduct or cause to be conducted an agreed-upon procedures audit of each redevelopment agency in the county that is subject to this part, to be completed by October 1, 2012. (2) The purpose of the audits shall be to establish each redevelopment agency’s assets and liabilities, to document and determine each redevelopment agency’s passthrough payment obligations to other taxing entities, and to document and determine both the amount and the terms of any indebtedness incurred by the redevelopment agency pursuant to the initial Recognized Obligation Payment Schedule. (3) The county auditor-controller may charge the Redevelopment Property Tax Trust Fund for any costs incurred by the county auditor-controller pursuant to this part. (b) By October 5, 2012, the county auditor-controller shall provide the Controller’s office and the Department of Finance a copy of all audits performed pursuant to this section. The county auditor-controller shall maintain a copy of all documentation and working papers for use by the Controller. (c) (1) The county auditor-controller shall determine the amount of property taxes that would have been allocated to each redevelopment agency in the county had the redevelopment agency not been dissolved pursuant to the operation of the act adding this part. These amounts are deemed property tax revenues within the meaning of subdivision (a) of Section 1 of Article XIII A of the California Constitution and are available for allocation and distribution in accordance with the provisions of the act adding this part. The county auditor-controller shall calculate the property tax revenues using current assessed values on the last equalized roll on August 20, pursuant to Section 2052 of the Revenue and Taxation Code, and pursuant to statutory formulas or contractual agreements with other taxing entities, as of the effective date of this section, and shall deposit that amount in the Redevelopment Property Tax Trust Fund. (2) Each county auditor-controller shall administer the Redevelopment Property Tax Trust Fund for the benefit of the holders of former redevelopment agency enforceable obligations and the taxing entities that receive passthrough payments and distributions of property taxes pursuant to this part. (3) In connection with the allocation and distribution by the county auditor-controller of property tax revenues deposited in the Redevelopment Property Tax Trust Fund, in compliance with this part, the county auditor-controller shall prepare estimates of amounts of property tax to be allocated and distributed and the amounts of passthrough payments to be made in the upcoming six-month period, and provide those estimates to both the entities receiving the distributions and the Department of Finance, no later than October 1 and April 1 of each year. (4) Each county auditor-controller shall disburse proceeds of asset sales or reserve balances, which have been received from the successor entities pursuant to Sections 34177 and 34187, to the taxing entities. In making such a distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. (d) By October 1, 2012, the county auditor-controller shall report the following information to the Controller’s office and the Director of Finance: (1) The sums of property tax revenues remitted to the Redevelopment Property Tax Trust Fund related to each former redevelopment agency. (2) The sums of property tax revenues remitted to each agency under paragraph (1) of subdivision (a) of Section 34183. (3) The sums of property tax revenues remitted to each successor agency pursuant to paragraph (2) of subdivision (a) of Section 34183. (4) The sums of property tax revenues paid to each successor agency pursuant to paragraph (3) of subdivision (a) of Section 34183. (5) The sums paid to each city, county, and special district, and the total amount allocated for schools pursuant to paragraph (4) of subdivision (a) of Section 34183. (6) Any amounts deducted from other distributions pursuant to subdivision (b) of Section 34183. (e) A county auditor-controller may charge the Redevelopment Property Tax Trust Fund for the costs of administering the provisions of this part. (f) The Controller may audit and review any county auditor-controller action taken pursuant to the act adding this part. As such, all county auditor-controller actions shall not be effective for three business days, pending a request for review by the Controller. In the event that the Controller requests a review of a given county auditor-controller action, he or she shall have 10 days from the date of his or her request to approve the county auditor-controller’s action or return it to the county auditor-controller for reconsideration and the county auditor-controller’s action shall not be effective until approved by the Controller. In the event that the Controller returns the county auditor-controller’s action to the county auditor-controller for reconsideration, the county auditor-controller must resubmit the modified action for Controller approval and the modified county auditor-controller’s action shall not become effective until approved by the Controller. (Amended by Stats. 2012, Ch. 26, Sec. 23. (AB 1484) Effective June 27, 2012.)
  36. 34182.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The Orange County Auditor-Controller must allocate and distribute certain El Toro Project Area property tax revenues between specified redevelopment funds, first under a temporary rule and later to the Lake Forest fund after the final dissolution resolution is received.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34182.1. (a) Until a final resolution of dissolution for the successor agency to the former Orange County Development Agency has been submitted to the Orange County Auditor-Controller pursuant to subdivision (f) of Section 34187, the Orange County Auditor-Controller shall allocate property tax revenues attributable to the El Toro Project Area between the Redevelopment Property Tax Fund established for the former Orange County Development Agency and the Redevelopment Property Tax Trust Fund established for the former Lake Forest Redevelopment Agency as follows: (1) All property tax revenues deposited by the Orange County Auditor-Controller pursuant to paragraph (1) of subdivision (c) of Section 34182 during each fiscal year that are attributable to the Neighborhood Preservation and Development Project Area, including the El Toro Project Area, shall initially be placed into the Redevelopment Property Tax Trust Fund for the former Orange County Development Agency. (2) After deducting the administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, as described in subdivision (a) of Section 34183, and remitting the amounts required under paragraph (1) of subdivision (a) of Section 34183, the Orange County Auditor-Controller shall transfer the sum of both of the following, determined for the entire fiscal year, into the redevelopment obligation retirement fund of the successor agency to the Orange County Development Agency for distribution as required by law and applicable bond covenants: (A) The amount required by Section 33670.9. (B) All other obligations secured by a prior claim on, or pledge of, moneys in the Redevelopment Property Tax Trust Fund of the former Orange County Development Agency, including tax allocation bonds, as applicable, that are payable on a basis prior to any transfer to the former Lake Forest Redevelopment Agency pursuant to the transfer agreement or pursuant to Part 1.8 (commencing with Section 34161), this part, or other law. (3) After depositing the amount described in paragraph (2) into the redevelopment obligation retirement fund of the successor agency to the Orange County Development Agency, the Orange County Auditor-Controller shall deposit into the Redevelopment Property Tax Trust Fund established for the former Lake Forest Redevelopment Agency the transfer agreement amount, as set forth in the applicable Recognized Obligation Payment Schedule submitted by the successor agency to the Orange County Development Agency and approved by the Department of Finance, to the extent moneys are available from the portion of the former Orange County Development Agency’s Redevelopment Property Tax Trust Fund attributable to the El Toro Project Area. (4) The payment described in paragraph (3) shall be paid prior to all payments listed on the recognized obligation payment schedule of the successor agency to the former Orange County Development Agency other than the payments described in paragraph (2), unless otherwise required by statute or applicable bond covenants. (b) Upon receipt of the final resolution of dissolution for the successor agency to the former Orange County Development Agency submitted pursuant to subdivision (f) of Section 34187, the Orange County Auditor-Controller shall allocate property tax revenues attributable to the El Toro Project Area, to the Redevelopment Property Tax Trust Fund for the former Lake Forest Redevelopment Agency and allocate money in this fund pursuant to Section 34183. (c) This section is intended to implement the transfer agreement in light of the enactment of Part 1.8 (commencing with Section 34161) and this part and the dissolution of the successor agency to the former Orange County Development Agency. Notwithstanding Section 34187, the allocation of revenues into the Redevelopment Property Tax Trust Fund established for the former Lake Forest Redevelopment Agency pursuant to the transfer agreement and the listing of those payments by the successor agency to the Orange County Development Agency on its Recognized Obligation Payment Schedule shall not preclude the approval of a request for dissolution of the successor agency to the Orange County Development Agency. (d) For purposes of this section, both of the following definitions shall apply: (1) “El Toro Project Area” means the portion of the former Orange County Development Agency’s Neighborhood Preservation and Development Project Area that was transferred to the Lake Forest Redevelopment Agency pursuant to the transfer agreement and Sections 33216 and 33216.1. (2) “Transfer agreement” means the Agreement to Transfer Territorial Jurisdiction of a Noncontiguous Portion of a Redevelopment Project Area dated as of July 6, 1999, entered into among the County of Orange, the Orange County Development Agency, the City of Lake Forest, the Lake Forest Redevelopment Agency, and the City of Laguna Hills. (3) “Transfer agreement amount” means the amount of the payment required to be made by the former Orange County Development Agency to the former Lake Forest Redevelopment Agency pursuant to the transfer agreement, less the amount of passthrough payments attributable to the El Toro Project Area that are disbursed by the Orange County Auditor-Controller pursuant to paragraph (1) of subdivision (a) of Section 34183. (Amended by Stats. 2024, Ch. 80, Sec. 90. (SB 1525) Effective January 1, 2025.)
  37. 34182.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The county auditor-controller may review recognized obligation payment schedules and object to certain items or funding sources, and must promptly notify specified الجهات when making objections.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34182.5. A county auditor-controller may review the Recognized Obligation Payment Schedules and object to the inclusion of any items that are not demonstrated to be enforceable obligations and may object to the funding source proposed for any items. This review may take place prior to the submission of the Recognized Obligation Payment Schedule to the oversight board or subsequent to oversight board action. The county auditor-controller shall promptly transmit notice of any of those objections to the successor agency, the oversight board, and the Department of Finance. Notice shall be given at least 60 days prior to an allocation date specified in Section 34183, except that for the January 1, 2013 to June 30, 2013 Recognized Obligation Payment Schedule, notice shall be given no later than October 1, 2012. If an oversight board disputes the finding of the county auditor-controller, it may refer the matter to the Department of Finance for a determination of what will be approved for inclusion in the Recognized Obligation Payment Schedule. (Added by Stats. 2012, Ch. 26, Sec. 24. (AB 1484) Effective June 27, 2012.)
  38. 34183.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The county auditor-controller must allocate and distribute Redevelopment Property Tax Trust Fund money in a set order, and must report each distribution to the department.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34183. (a) Notwithstanding any other law, from February 1, 2012, to July 1, 2012, and for each fiscal year thereafter, the county auditor-controller shall, after deducting administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, allocate moneys in each Redevelopment Property Tax Trust Fund as follows: (1) (A) Subject to any prior deductions required by subdivision (b), first, the county auditor-controller shall remit from the Redevelopment Property Tax Trust Fund to each local agency and school entity an amount of property tax revenues in an amount equal to that which would have been received under Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections read on January 1, 2011, or pursuant to any passthrough agreement between a redevelopment agency and a taxing entity that was entered into before January 1, 1994, that would be in force during that fiscal year, had the redevelopment agency existed at that time. The amount of the payments made pursuant to this paragraph shall be calculated solely on the basis of passthrough payment obligations, existing before the effective date of this part and continuing as obligations of successor entities, shall occur no later than May 16, 2012, and no later than June 1, 2012, and each January 2 and June 1 thereafter. Notwithstanding subdivision (e) of Section 33670, that portion of the taxes in excess of the amount identified in subdivision (a) of Section 33670, which are attributable to a tax rate levied by a taxing entity for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property, shall be allocated to, and when collected shall be paid into, the fund of that taxing entity. The amount of passthrough payments computed pursuant to this section, including any passthrough agreements, shall be computed in accordance with the following: (i) The amount of passthrough payments computed pursuant to this section shall be computed as though the requirement to set aside funds for the Low and Moderate Income Housing Fund was still in effect. (ii) The computation of the amount of passthrough payments made in accordance with this section shall take into account any modification of a passthrough agreement made pursuant to Section 34183.1. (B) Notwithstanding subdivision (b) of Section 33670, that portion of the taxes in excess of the amount identified in subdivision (a) of Section 33670, which are attributable to a property tax rate approved by the voters of a city, county, city and county, or special district to make payments in support of pension programs or in support of capital projects and programs related to the State Water Project, and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution, shall be allocated to, and when collected shall be paid into, the fund of that taxing entity, unless the amounts in question are pledged as security for the payment of any indebtedness obligation, as defined in subdivision (e) of Section 34171, and needed for payment thereof. Notwithstanding any other law, all allocations of revenues above one cent ($0.01) derived from the imposition of a property tax rate, approved by the voters of a city, county, city and county, or special district to make payments in support of pension programs or in support of capital projects and programs related to the State Water Project and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution, made by any county auditor-controller before June 15, 2015, are valid and shall not be affected by this section. A city, county, city and county, county auditor-controller, successor agency, department, or affected taxing entity shall not be subject to any claim for money, damages, or reallocated revenues based on any allocation of such revenues above one cent ($0.01) before June 15, 2015. (2) Second, on June 1, 2012, and each January 2 and June 1 thereafter, to each successor agency for payments listed in its Recognized Obligation Payment Schedule for the six-month fiscal period beginning January 1, 2012, and July 1, 2012, and each January 2 and June 1 thereafter, in the following order of priority: (A) Debt service payments scheduled to be made for tax allocation bonds. (B) Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are insufficient to make the payments and only if the agency’s tax increment revenues were also pledged for the repayment of the bonds. (C) Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule that are required to be paid from former tax increment revenue. (3) Third, on June 1, 2012, and each January 2 and June 1 thereafter, to each successor agency for the administrative cost allowance, as defined in Section 34171, for administrative costs set forth in an approved administrative budget for those payments required to be paid from former tax increment revenues. (4) Fourth, on June 1, 2012, and each January 2 and June 1 thereafter, any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by paragraphs (1) to (3), inclusive, shall be distributed to local agencies and school entities in accordance with Section 34188. The only exception shall be for moneys remaining in the Redevelopment Property Tax Trust Fund that are attributable to a property tax rate approved by the voters of a city, county, city and county, or special district to make payments in support of pension programs or in support of capital projects and programs related to the State Water Project, and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution. The county auditor-controller shall return these particular remaining moneys to the levying taxing entity. (b) If the successor agency reports, no later than April 1, 2012, and May 1, 2012, and each December 1 and May 1 thereafter, to the county auditor-controller that the total amount available to the successor agency from the Redevelopment Property Tax Trust Fund allocation to that successor agency’s Redevelopment Obligation Retirement Fund, from other funds transferred from each redevelopment agency, and from funds that have or will become available through asset sales and all redevelopment operations, are insufficient to fund the payments required by paragraphs (1) to (3), inclusive, of subdivision (a) in the next six-month fiscal period, the county auditor-controller shall notify the Controller and the Department of Finance no later than 10 days from the date of that notification. The county auditor-controller shall verify whether the successor agency will have sufficient funds from which to service debts according to the Recognized Obligation Payment Schedule and shall report the findings to the Controller. If the Controller concurs that there are insufficient funds to pay required debt service, the amount of the deficiency shall be deducted first from the amount remaining to be distributed to taxing entities pursuant to paragraph (4), and if that amount is exhausted, from amounts available for distribution for administrative costs in paragraph (3). If an agency, pursuant to the provisions of Section 33492.15, 33492.72, 33607.5, 33671.5, 33681.15, or 33688 or as expressly provided in a passthrough agreement entered into pursuant to Section 33401, made passthrough payment obligations subordinate to debt service payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided in those sections, but only to the extent that the amounts remaining to be distributed to taxing entities pursuant to paragraph (4) and the amounts available for distribution for administrative costs in paragraph (3) have all been exhausted. (c) The county treasurer may loan any funds from the county treasury to the Redevelopment Property Tax Trust Fund of the successor agency for the purpose of paying an item approved on the Recognized Obligation Payment Schedule at the request of the Department of Finance that are necessary to ensure prompt payments of redevelopment agency debts. An enforceable obligation is created for repayment of those loans. (d) The Controller may recover the costs of audit and oversight required under this part from the Redevelopment Property Tax Trust Fund by presenting an invoice therefor to the county auditor-controller who shall set aside sufficient funds for and disburse the claimed amounts before making the next distributions to the taxing entities pursuant to Section 34188. Subject to the approval of the Director of Finance, the budget of the Controller may be augmented to reflect the reimbursement, pursuant to Section 28.00 of the Budget Act. (e) Within 10 days of each distribution of property tax, the county auditor-controller shall provide a report to the department regarding the distribution for each successor agency that includes information on the total available for allocation, the passthrough amounts and how they were calculated, the amounts distributed to successor agencies, and the amounts distributed to taxing entities in a manner and form specified by the department. This reporting requirement shall also apply to distributions required under subdivision (b) of Section 34183.5. (Amended by Stats. 2021, Ch. 221, Sec. 1. (SB 734) Effective January 1, 2022.)
  39. 34183.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    Successor agencies and taxing entities may agree to modify certain passthrough-agreement interest, with the modified interest set at 0 percent and the term capped at 40 years.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34183.1. (a) Notwithstanding paragraph (1) of subdivision (a) of Section 34183 or any other law, a successor agency and one or more taxing entities may enter into an agreement to modify the interest owed by a former redevelopment agency under a passthrough agreement that was entered into before January 1, 1994, or owed under any successive amendment of that passthrough agreement, and which is owed as interest on passthrough payments agreed to be deferred by the taxing entity under the passthrough agreement. (b) An agreement entered into pursuant to this section shall be subject to the following: (1) Beginning on the effective date of the agreement entered into pursuant to this section, the interest rate for any passthrough agreement as modified pursuant to this section shall be 0 percent. (2) The term of any passthrough agreement that is modified pursuant to this section shall not exceed 40 years from the effective date of an agreement entered into pursuant to this section. (3) An agreement entered into pursuant to this section, in addition to modifying the interest owed on deferred passthrough payments as provided in subdivision (a), may provide for the forgiveness of the entirety or a portion of the outstanding principal amount of deferred passthrough payment owed by the former redevelopment agency to a taxing entity under the passthrough agreement. (c) A taxing entity benefiting from the resulting modification of a passthrough agreement under this section shall not be liable for, or otherwise obligated to pay, any amount under the passthrough agreement in excess of the amount provided under the passthrough agreement, as modified in accordance with this section. (Added by Stats. 2021, Ch. 221, Sec. 2. (SB 734) Effective January 1, 2022.)
  40. 34183.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section requires the county auditor-controller to make and continue certain passthrough-related payments and allocations, and it imposes deadlines and penalties if successor agencies or the county do not act on time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34183.5. (a) The Legislature hereby finds and declares that due to the delayed implementation of this part due to the California Supreme Court’s ruling in the case California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, some disruption to the intended application of this part and other law with respect to passthrough payments may have occurred. (1) If a redevelopment agency or successor agency did not pay any portion of an amount owed for the 2011–12 fiscal year to an affected taxing entity pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, or pursuant to any passthrough agreement entered into before January 1, 1994, between a redevelopment agency and an affected taxing entity, and to the extent the county auditor-controller did not remit the amounts owed for passthrough payments during the 2011–12 fiscal year, the county auditor-controller shall make the required payments to the taxing entities owed passthrough payments and shall reduce the amounts to which the successor agency would otherwise be entitled pursuant to paragraph (2) of subdivision (a) of Section 34183 at the next allocation of property tax under this part, subject to subdivision (b) of Section 34183. If the amount of available property tax allocation to the successor agency is not sufficient to make the required payment, the county auditor-controller shall continue to reduce allocations to the successor agency under paragraph (2) of subdivision (a) of Section 34183 until the time that the owed amount is fully paid. Alternatively, the county auditor-controller may accept payment from the successor agency’s reserve funds for payments of passthrough payments owed as defined in this subdivision. (2) If a redevelopment agency did not pay any portion of the amount owed for the 2011–12 fiscal year to an affected taxing entity pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, or pursuant to any passthrough agreement entered into before January 1, 1994, between a redevelopment agency and an affected taxing entity, but the county auditor-controller did pay the difference that was owing, the county auditor-controller shall deduct from the next allocation of property tax to the successor agency under paragraph (2) of subdivision (a) of Section 34183, the amount of the payment made on behalf of the successor agency by the county auditor-controller, not to exceed one-half the amount of passthrough payments owed for the 2011–12 fiscal year. If the amount of available property tax allocation to the successor agency is not sufficient to make the required deduction, the county auditor-controller shall continue to reduce allocations to the successor agency under paragraph (2) of subdivision (a) of Section 34183 until the time that the amount is fully deducted. Alternatively, the auditor-controller may accept payment from the successor agency’s reserve funds for deductions of passthrough payments owed as defined in this subdivision. Amounts reduced from successor agency payments under this paragraph are available for the purposes of paragraphs (2) to (4), inclusive, of subdivision (a) of Section 34183 for the six-month period for which the property tax revenues are being allocated. (b) In recognition of the fact that county auditor-controllers were unable to make the payments required by paragraph (4) of subdivision (a) of Section 34183 for the period January 1, 2012, through June 30, 2012, on January 16, 2012, due to the California Supreme Court’s ruling in the case of California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, in addition to taking the actions specified in Section 34183 with respect to the June 1 property tax allocations, county auditor-controllers should have made allocations as provided in paragraph (1). (1) From the allocations made on June 1, 2012, for the Recognized Obligation Payment Schedule covering the period July 1, 2012, through December 31, 2012, deduct from the amount that otherwise would be deposited in the Redevelopment Property Tax Trust Fund on behalf of the successor agency an amount equivalent to the amount that each affected taxing entity was entitled to pursuant to paragraph (4) of subdivision (a) of Section 34183 for the period January 1, 2012, through June 30, 2012. The amount to be retained by taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 for the January 1, 2012, through June 30, 2012, period is determined based on the Recognized Obligation Payment Schedule approved by the Department of Finance pursuant to subdivision (h) of Section 34179 and any amount determined to be owed pursuant to this subdivision. Any amounts so computed shall not be offset by any shortages in funding for recognized obligations for the period covering July 1, 2012, through December 31, 2012. (2) (A) If an affected taxing entity has not received the full amount to which it was entitled pursuant to paragraph (4) of subdivision (a) of Section 34183 of the property tax distributed for the period January 1, 2012, through June 30, 2012, and paragraph (1), no later than July 9, 2012, the county auditor-controller shall determine the amount, if any, that is owed by each successor agency to taxing entities and send a demand for payment from the funds of the successor agency for the amount owed to taxing entities if it has distributed the June 1, 2012, allocation to the successor agencies. No later than July 12, 2012, successor agencies shall make payment of the amounts demanded to the county auditor-controller for deposit into the Redevelopment Property Tax Trust Fund and subsequent distribution to taxing entities. No later than July 16, 2012, the county auditor-controller shall make allocations of all money received by that date from successor agencies in amounts owed to taxing entities under this paragraph to taxing entities in accordance with Section 34183. The county auditor-controller shall make allocations of any money received after that date under this paragraph within five business days of receipt. These duties are not discretionary and shall be carried out with due diligence. (B) If a county auditor-controller fails to determine the amounts owed to taxing entities and present a demand for payment by July 9, 2012, to the successor agencies, the Department of Finance or any affected taxing entity may request a writ of mandate to require the county auditor-controller to immediately perform this duty. Such actions may be filed only in the County of Sacramento and shall have priority over other civil matters. Any county in which the county auditor-controller fails to perform the duties under this paragraph shall be subject to a civil penalty of 10 percent of the amount owed to taxing entities plus 1.5 percent of the amount owed to taxing entities for each month that the duties are not performed. The civil penalties shall be payable to the taxing entities under Section 34183. Additionally, any county in which the county auditor-controller fails to make the required determinations and demands for payment under this paragraph by July 9, 2012, or fails to distribute the full amount of funds received from successor agencies as required by this paragraph shall not receive the distribution of sales and use tax scheduled for July 18, 2012, or any subsequent payment, up to the amount owed to taxing entities, until the county auditor-controller performs the duties required by this paragraph. (C) If a successor agency fails to make the payment demanded under subparagraph (A) by July 12, 2012, the Department of Finance or any affected taxing entity may file for a writ of mandate to require the successor agency to immediately make this payment. Such actions may be filed only in the County of Sacramento and shall have priority over other civil matters. Any successor agency that fails to make payment by July 12, 2012, under this paragraph shall be subject to a civil penalty of 10 percent of the amount owed to taxing entities plus one and one-half percent of the amount owed to taxing entities for each month that the payments are not made. Additionally, the city or county or city and county that created the redevelopment agency shall also be subject to a civil penalty of 10 percent of the amount owed to taxing entities plus 1.5 percent of the amount owed to taxing entities for each month the payment is late. The civil penalties shall be payable to the taxing entities under Section 34183. If the Department of Finance finds that the imposition of penalties will jeopardize the payment of enforceable obligations it may request the court to waive some or all of the penalties. A successor agency that does not pay the amount required under this subparagraph by July 12, 2012, shall not pay any obligations other than bond debt service until full payment is made to the county auditor-controller. Additionally, any city, county or city and county that created the redevelopment agency that fails to make the required payment under this paragraph by July 12, 2012, shall not receive the distribution of sales and use tax scheduled for July 18, 2012, or any subsequent payment, up to the amount owed to taxing entities, until the payment required by this paragraph is made. (D) The Legislature hereby finds and declares that time is of the essence. Funds that should have been received and were expected and spent in anticipation of receipt by community colleges, schools, counties, cities, and special districts have not been received resulting in significant fiscal impact to the state and taxing entities. Continued delay and uncertainty whether funds will be received warrants the availability of extraordinary relief as authorized herein. (3) If an affected taxing entity has not received the full amount to which it was entitled pursuant to paragraph (4) of subdivision (a) of Section 34183 for the period January 1, 2012, through June 30, 2012, and paragraph (1), the county auditor-controller shall reapply paragraph (1) to each subsequent property tax allocation until such time as the affected taxing entity has received the full amount to which it was entitled pursuant to paragraph (4) of subdivision (a) of Section 34183 for the period January 1, 2012, through June 30, 2012. (Amended by Stats. 2013, Ch. 76, Sec. 114. (AB 383) Effective January 1, 2014.)
  41. 34185.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    The county auditor-controller must transfer specified property tax revenues from each successor agency’s Redevelopment Property Tax Trust Fund to its Redevelopment Obligation Retirement Fund on set dates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34185. Commencing on June 1, 2012, and on each January 2 and June 1 thereafter, the county auditor-controller shall transfer, from the Redevelopment Property Tax Trust Fund of each successor agency into the Redevelopment Obligation Retirement Fund of that agency, an amount of property tax revenues equal to that specified in the Recognized Obligation Payment Schedule for that successor agency as payable from the Redevelopment Property Tax Trust Fund subject to the limitations of subdivision (l) of Section 34177 and Section 34183. (Amended by Stats. 2012, Ch. 26, Sec. 27. (AB 1484) Effective June 27, 2012.)
  42. 34186.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    County auditor-controllers must not delay certain payments, and successor agencies and county auditor-controllers must submit and review payment difference reports on set dates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34186. (a) (1) Differences between actual payments and past estimated obligations on recognized obligation payment schedules shall be reported in subsequent Recognized Obligation Payment Schedules and shall adjust the amount to be transferred to the Redevelopment Obligation Retirement Fund pursuant to this part. These estimates and accounts, as well as cash balances, shall be subject to review by the county auditor-controller. The county auditor-controller’s review shall be subject to the department’s review and approval. (2) Audits initiated by the Controller pursuant to this section prior to July 1, 2015, shall be continued by the Controller and completed no later than June 30, 2016. Nothing in this section shall be construed in a manner which precludes, or in any way restricts, the Controller from conducting audits of successor agencies pursuant to Section 12410 of the Government Code. (b) Differences between actual passthrough obligations and property tax amounts and the amounts used by the county auditor-controller in determining the amounts to be allocated under Sections 34183 and 34188 for a prior six-month or annual period, whichever is applicable, shall be applied as adjustments to the property tax and passthrough amounts in subsequent periods as they become known. County auditor-controllers shall not delay payments under this part to successor agencies or taxing entities based on pending transactions, disputes, or for any other reason, other than a court order, and shall use the Recognized Obligation Payment Schedule approved by the department and the most current data for passthroughs and property tax available prior to the statutory distribution dates to make the allocations required on the dates required. (c) Commencing on October 1, 2018, and each October 1 thereafter, the differences between actual payments and past estimated obligations on a Recognized Obligation Payment Schedule shall be submitted by the successor agency to the county auditor-controller for review. The county auditor-controller shall provide to the department in a manner of the department’s choosing a review of the differences between actual payments and past estimated obligations, including cash balances, no later than February 1, 2019, and each February 1 thereafter. (Amended by Stats. 2015, Ch. 325, Sec. 17. (SB 107) Effective September 22, 2015.)
  43. 34187.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

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    This section requires the county auditor-controller to distribute certain property tax revenues, sets a process for successor agency dissolution, and assigns deadlines and steps to the successor agency, oversight board, and department.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34187. (a) (1) Commencing May 1, 2012, whenever a recognized obligation that had been identified in the Recognized Payment Obligation Schedule is paid off or retired, either through early payment or payment at maturity, the county auditor-controller shall distribute to the taxing entities, in accordance with the provisions of the Revenue and Taxation Code, all property tax revenues that were associated with the payment of the recognized obligation. (2) Notwithstanding paragraph (1), the department may authorize a successor agency to retain property tax that otherwise would be distributed to affected taxing entities pursuant to this subdivision, to the extent the department determines the successor agency requires those funds for the payment of enforceable obligations. Upon making a determination, the department shall provide the county auditor-controller with information detailing the amounts that it has authorized the successor agency to retain. Upon determining the successor agency no longer requires additional funds pursuant to this subdivision, the department shall notify the successor agency and the county auditor-controller. The county auditor-controller shall then distribute the funds in question to the affected taxing entities in accordance with the provisions of the Revenue and Taxation Code. (b) When all of the enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to Section 34181 or 34191.4, and all outstanding litigation has been resolved, the successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the county auditor-controller, to formally dissolve the successor agency. The oversight board shall approve the request within 30 days, and shall submit the request to the department. (c) If a redevelopment agency was not allocated property tax revenue pursuant to either subdivision (b) of Section 16 of Article XVI of the California Constitution or Section 33670 prior to February 1, 2012, the successor agency shall, no later than November 1, 2015, submit to the oversight board a request to formally dissolve the successor agency. The oversight board shall approve this request within 30 days, and shall submit the request to the department. (d) The department shall have 30 days to approve or deny a request submitted pursuant to subdivisions (b) or (c). (e) When the department has approved a request to formally dissolve a successor agency, the successor agency shall take both of the following steps within 100 days of the department’s notification: (1) Dispose of all remaining assets as directed by the oversight board. Any proceeds from the disposition of assets shall be transferred to the county auditor-controller for distribution to the affected taxing entities pursuant to Section 34183. (2) Notify the oversight board that it has complied with paragraph (1). (f) Upon receipt of the notification required in paragraph (2) of subdivision (e), the oversight board shall verify all obligations have been retired or paid off, all outstanding litigation has been resolved, and all remaining assets have been disposed of with any proceeds remitted to the county auditor-controller for distribution to the affected taxing entities. Within 14 days of verification, the oversight board shall adopt a final resolution of dissolution for the successor agency, which shall be effective immediately. This resolution shall be submitted to the sponsoring entity, the county auditor-controller, the State Controller’s Office, and the department by electronic means and in a manner of each entity’s choosing. (g) Subdivisions (b) to (f), inclusive, does not apply to those entities specifically recognized as already dissolved by the department by October 1, 2015. (h) When all enforceable obligations have been retired or paid off as specified in subdivision (b), all passthrough payment obligations required pursuant to Sections 33401, 33492.140, 33607, 33607.5, 33607.7, and 33676, or any passthrough agreement between a redevelopment agency and a taxing entity that was entered into prior to January 1, 1994, shall cease, and no property tax shall be allocated to the Redevelopment Property Tax Trust Fund for that agency. The Legislature finds and declares that this subdivision is declaratory of existing law. (i) When a successor agency is finally dissolved under subdivision (b), with respect to any existing community facilities district formed by a redevelopment agency, the legislative body of the city or county that formed the redevelopment agency shall become the legislative body of the community facilities district, and any existing obligations of the former redevelopment agency or its successor agency, in its capacity as the legislative body of the community facilities district, shall become the obligations of the new legislative body of the community facilities district. This subdivision shall not be construed to result in the continued payment of any of the passthrough payment obligations identified in subdivision (h). (Amended by Stats. 2015, Ch. 325, Sec. 18. (SB 107) Effective September 22, 2015.)
  44. 34188.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    Property tax distributions under this section must be allocated proportionately among taxing entities based on each entity’s share.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34188. For all distributions of property tax revenues and other moneys pursuant to this part, the distribution to each taxing entity shall be in an amount proportionate to its share of property tax revenues in the tax rate area in that fiscal year, as follows: (a) (1) For distributions from the Redevelopment Property Tax Trust Fund, the share of each taxing entity shall be applied to the amount of property tax available in the Redevelopment Property Tax Trust Fund after deducting the amount of any distributions under paragraphs (2) and (3) of subdivision (a) of Section 34183. (2) For each taxing entity that receives passthrough payments, that agency shall receive the amount of any passthrough payments identified under paragraph (1) of subdivision (a) of Section 34183, in an amount not to exceed the amount that it would receive pursuant to this section in the absence of the passthrough agreement. However, to the extent that the passthrough payments received by the taxing entity are less than the amount that the taxing entity would receive pursuant to this section in the absence of a passthrough agreement, the taxing entity shall receive an additional payment that is equivalent to the difference between those amounts. (b) Property tax shares of local agencies shall be determined based on property tax allocation laws in effect on the date of distribution, without the revenue exchange amounts allocated pursuant to Section 97.68 of the Revenue and Taxation Code, and without the property taxes allocated pursuant to Section 97.70 of the Revenue and Taxation Code. (c) The total school share, including passthroughs, shall be the share of the property taxes that would have been received by school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, in the jurisdictional territory of the former redevelopment agency, including, but not limited to, the amounts specified in Sections 97.68 and 97.70 of the Revenue and Taxation Code. (d) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1, of the Revenue and Taxation Code, had this section not been enacted. (Amended by Stats. 2012, Ch. 26, Sec. 30. (AB 1484) Effective June 27, 2012.)
  45. 34188.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    Certain dates identified in this chapter are generally not subject to Section 34191, except for specified dates and references, and may be adjusted to fit the applicable fiscal year or part of a fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 5. Duties of the Auditor-Controller [34182 - 34188.8] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34188.8. For purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, a date certain identified in this chapter shall not be subject to Section 34191, except for dates certain in Section 34182 and references to “October 1, 2011,” or to the “operative date of this part.” However, for purposes of those redevelopment agencies, a date certain identified in this chapter shall be appropriately modified, as necessary to reflect the appropriate fiscal year or portion of a fiscal year. (Amended by Stats. 2012, Ch. 162, Sec. 92. (SB 1171) Effective January 1, 2013.)
  46. 34189.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    This section makes certain Community Redevelopment Law provisions inoperative and says this part controls if other parts conflict.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34189. (a) Commencing on the effective date of this part, all provisions of the Community Redevelopment Law that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to, Sections 33445, 33640, 33641, and 33645, and subdivision (b) of Section 33670, shall be inoperative. Solely for the purposes of the payment of enforceable obligations defined by subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (d) of Section 34171 and subdivision (b) of Section 34191.4, and for no other purpose whatsoever, a successor agency is not subject to the limitations relating to time, number of tax dollars, or any other matters set forth in Sections 33333.2, 33333.4, and 33333.6. Notwithstanding any other provision in this section, this subdivision shall not result in the restoration or continuation of funding for projects whose contractual terms specified that project funding would cease once the limitations specified in any of Section 33333.2, 33333.4, or 33333.6 were realized. (b) To the extent that a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that the act adding this part is restricting or eliminating, the restriction and elimination provisions of the act adding this part shall control. (c) It is intended that the provisions of this part shall be read in a manner as to avoid duplication of payments. (Amended by Stats. 2015, Ch. 325, Sec. 19. (SB 107) Effective September 22, 2015.)
  47. 34189.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    Validation actions about certain redevelopment agency actions are barred unless the Department of Finance and the Controller were properly noticed, and any actions must be filed in Sacramento County.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34189.1. No party, public or private, may pursue, nor does a court have jurisdiction over, a validation action with respect to any action of a redevelopment agency or a successor agency to a redevelopment agency that took place on or after January 1, 2011, unless the Department of Finance and the Controller, representing interests of the State of California and each of the taxing entities who could be affected financially by the action, has been properly noticed. All actions shall be filed in the County of Sacramento. (Added by Stats. 2012, Ch. 26, Sec. 32. (AB 1484) Effective June 27, 2012.)
  48. 34189.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    A successor agency or other obligated party must notify the state in certain validation actions, and the Controller and Director of Finance must also be notified; the action must be filed in Sacramento County.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34189.2. A successor agency or any party to an enforceable obligation as defined under this part shall properly notice the state with respect to a validation action involving any enforceable obligation or matter of title to an asset that belonged to a redevelopment agency. For such an action to be properly filed, both the Controller and the Director of Finance shall be noticed and actions shall be filed in the County of Sacramento. (Added by Stats. 2012, Ch. 26, Sec. 33. (AB 1484) Effective June 27, 2012.)
  49. 34189.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    An action contesting acts, determinations, or decisions under this part or Part 1.8 may be brought in superior court and must be filed in Sacramento County.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 6. Effect of the Act Adding this Part on the Community Redevelopment Law [34189 - 34189.3] ( Chapter 6 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34189.3. An action contesting any act taken or determinations or decisions made pursuant to this part or Part 1.8 (commencing with Section 34161) may be brought in superior court and shall be filed in the County of Sacramento. (Added by Stats. 2012, Ch. 26, Sec. 34. (AB 1484) Effective June 27, 2012.)
  50. 34190.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 7. Stabilization of Labor and Employment Relations [34190- 34190.] ( Chapter 7 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. )

    Verify source ↗

    This section preserves certain labor and bargaining powers for redevelopment agencies and successor agencies, and transfers employer obligations to the successor agency when a redevelopment agency dissolves.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 7. Stabilization of Labor and Employment Relations [34190- 34190.] ( Chapter 7 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## 34190. (a) It is the intent of the Legislature to stabilize the labor and employment relations of redevelopment agencies and successor agencies in furtherance of and connection with their responsibilities under the act adding this part. (b) Nothing in the act adding this part is intended to relieve any redevelopment agency of its obligations under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Subject to the limitations set forth in Section 34165, prior to its dissolution, a redevelopment agency shall retain the authority to meet and confer over matters within the scope of representation. (c) A successor agency, as defined in Sections 34171 and 34173, shall constitute a public agency within the meaning of subdivision (c) of Section 3501 of the Government Code. (d) Subject to the limitations set forth in Section 34165, redevelopment agencies, prior to and during their winding down and dissolution, shall retain the authority to bargain over matters within the scope of representation. (e) In recognition that a collective bargaining agreement represents an enforceable obligation, a successor agency shall become the employer of all employees of the redevelopment agency as of the date of the redevelopment agency’s dissolution. If, pursuant to this provision, the successor agency becomes the employer of one or more employees who, as employees of the redevelopment agency, were represented by a recognized employee organization, the successor agency shall be deemed a successor employer and shall be obligated to recognize and to meet and confer with such employee organization. In addition, the successor agency shall retain the authority to bargain over matters within the scope of representation and shall be deemed to have assumed the obligations under any memorandum of understanding in effect between the redevelopment agency and recognized employee organization as of the date of the redevelopment agency’s dissolution. (f) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under the act adding this part are not reimbursable as state-mandated costs. Furthermore, the Legislature also finds and declares that to the extent the act adding this part provides the funding with which to accomplish the obligations provided herein, the costs incurred by the local agency employer representatives in performing those duties and responsibilities under the act adding this part are not reimbursable as state-mandated costs. (g) The transferred memorandum of understanding and the right of any employee organization representing such employees to provide representation shall continue as long as the memorandum of understanding would have been in force, pursuant to its own terms. One or more separate bargaining units shall be created in the successor agency consistent with the bargaining units that had been established in the redevelopment agency. After the expiration of the transferred memorandum of understanding, the successor agency shall continue to be subject to the provisions of the Meyers-Milias-Brown Act. (h) Individuals formerly employed by redevelopment agencies that are subsequently employed by successor agencies shall, for a minimum of two years, transfer their status and classification in the civil service system of the redevelopment agency to the successor agency and shall not be required to requalify to perform the duties that they previously performed or duties substantially similar in nature and in required qualification to those that they previously performed. Any such individuals shall have the right to compete for employment under the civil service system of the successor agency. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
  51. 34191.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. )

    Verify source ↗

    This chapter applies to a successor agency after it receives a finding of completion from the Department of Finance under Section 34179.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. ) ## 34191.1. The provisions of this chapter shall apply to a successor agency upon that agency’s receipt of a finding of completion by the Department of Finance pursuant to Section 34179.7. (Added by Stats. 2012, Ch. 26, Sec. 35. (AB 1484) Effective June 27, 2012.)
  52. 34191.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. )

    Verify source ↗

    This section suspends certain redevelopment-property requirements until the Department of Finance approves a long-range property management plan, with limited exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. ) ## 34191.3. (a) Notwithstanding Section 34191.1, the requirements specified in subdivision (e) of Section 34177 and subdivision (a) of Section 34181 shall be suspended, except as those provisions apply to the transfers for governmental use, until the Department of Finance has approved a long-range property management plan pursuant to subdivision (b) of Section 34191.5, at which point the plan shall govern, and supersede all other provisions relating to, the disposition and use of the real property assets of the former redevelopment agency. If the department has not approved a plan by January 1, 2016, subdivision (e) of Section 34177 and subdivision (a) of Section 34181 shall be operative with respect to that successor agency. (b) If the department has approved a successor agency’s long-range property management plan prior to January 1, 2016, the successor agency may amend its long-range property management plan once, solely to allow for retention of real properties that constitute “parking facilities and lots dedicated solely to public parking” for governmental use pursuant to Section 34181. An amendment to a successor agency’s long-range property management plan under this subdivision shall be submitted to its oversight board for review and approval pursuant to Section 34179, and any such amendment shall be submitted to the department prior to July 1, 2016. (c) (1) Notwithstanding paragraph (2) of subdivision (a) of Section 34181, for purposes of amending a successor agency’s long-range property management plan under subdivision (b), “parking facilities and lots dedicated solely to public parking” do not include properties that, as of the date of transfer pursuant to the amended long-range property management plan, generate revenues in excess of reasonable maintenance costs of the properties. (2) Notwithstanding any other law, a city, county, city and county, or parking district shall not be required to reimburse or pay a successor agency for any funds spent on or before December 31, 2010, by a former redevelopment agency to design and construct a parking facility. (Amended by Stats. 2016, Ch. 86, Sec. 189. (SB 1171) Effective January 1, 2017.)
  53. 34191.35.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. )

    Verify source ↗

    A beneficiary district comes into existence when a qualifying successor entity gets a finding of completion, and it ends on the earlier of two specified dates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. ) ## 34191.35. (a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district. (b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district. (2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist. (3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district. (Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
  54. 34191.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. )

    Verify source ↗

    This section sets conditions for successor agencies to transfer property, treat certain loan agreements as enforceable obligations, and spend or repay bond proceeds within stated limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. ) ## 34191.4. The following provisions shall apply to any successor agency that has been issued a finding of completion by the department: (a) All real property and interests in real property identified in subparagraph (C) of paragraph (5) of subdivision (c) of Section 34179.5 shall be transferred to the Community Redevelopment Property Trust Fund of the successor agency upon approval by the Department of Finance of the long-range property management plan submitted by the successor agency pursuant to subdivision (b) of Section 34191.5 unless that property is subject to the requirements of any existing enforceable obligation. (b) (1) Notwithstanding subdivision (d) of Section 34171, upon application by the successor agency and approval by the oversight board, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency shall be deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes. (2) For purposes of this section, “loan agreement” means any of the following: (A) Loans for money entered into between the former redevelopment agency and the city, county, or city and county that created the former redevelopment agency under which the city, county, or city and county that created the former redevelopment agency transferred money to the former redevelopment agency for use by the former redevelopment agency for a lawful purpose, and where the former redevelopment agency was obligated to repay the money it received pursuant to a required repayment schedule. (B) An agreement between the former redevelopment agency and the city, county, or city and county that created the former redevelopment agency under which the city, county, or city and county that created the former redevelopment agency transferred a real property interest to the former redevelopment agency for use by the former redevelopment agency for a lawful purpose and the former redevelopment agency was obligated to pay the city, county, or city and county that created the former redevelopment agency for the real property interest. (C) (i) An agreement between the former redevelopment agency and the city, county, or city and county that created the former redevelopment agency under which the city, county, or city and county that created the former redevelopment agency contracted with a third party on behalf of the former redevelopment agency for the development of infrastructure in connection with a redevelopment project as identified in a redevelopment project plan and the former redevelopment agency was obligated to reimburse the city, county, or city and county that created the former redevelopment agency for the payments made by the city, county, or city and county to the third party. (ii) The total amount of loan repayments to a city, county, or city and county that created the former redevelopment agency for all loan agreements described in clause (i) shall not exceed five million dollars ($5,000,000). (3) If the oversight board finds that the loan is an enforceable obligation, any interest on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan shall be recalculated from the date of origination of the loan as approved by the redevelopment agency on a quarterly basis, at a simple interest rate of 3 percent. The recalculated loan shall be repaid to the city, county, or city and county in accordance with a defined schedule over a reasonable term of years. Moneys repaid shall be applied first to the principal, and second to the interest. The annual loan repayments provided for in the recognized obligation payment schedules shall be subject to all of the following limitations: (A) Loan repayments shall not be made prior to the 2013–14 fiscal year. Beginning in the 2013–14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this subdivision and paragraph (7) of subdivision (e) of Section 34176 combined shall be equal to one-half of the increase between the amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year, provided, however, that calculation of the amount distributed to taxing entities during the 2012–13 base year shall not include any amounts distributed to taxing entities pursuant to the due diligence review process established in Sections 34179.5 to 34179.8, inclusive. Loan or deferral repayments made pursuant to this subdivision shall be second in priority to amounts to be repaid pursuant to paragraph (7) of subdivision (e) of Section 34176. (B) Repayments received by the city, county, or city and county that formed the redevelopment agency shall first be used to retire any outstanding amounts borrowed and owed to the Low and Moderate Income Housing Fund of the former redevelopment agency for purposes of the Supplemental Educational Revenue Augmentation Fund and shall be distributed to the Low and Moderate Income Housing Asset Fund established by subdivision (d) of Section 34176. Distributions to the Low and Moderate Income Housing Asset Fund are subject to the reporting requirements of subdivision (f) of Section 34176.1. (C) Twenty percent of any loan repayment shall be deducted from the loan repayment amount and shall be transferred to the Low and Moderate Income Housing Asset Fund, after all outstanding loans from the Low and Moderate Income Housing Fund for purposes of the Supplemental Educational Revenue Augmentation Fund have been paid. Transfers to the Low and Moderate Income Housing Asset Fund are subject to the reporting requirements of subdivision (f) of Section 34176.1. (c) (1) (A) Notwithstanding Section 34177.3 or any other conflicting provision of law, bond proceeds derived from bonds issued on or before December 31, 2010, in excess of the amounts needed to satisfy approved enforceable obligations shall thereafter be expended in a manner consistent with the original bond covenants. Enforceable obligations may be satisfied by the creation of reserves for projects that are the subject of the enforceable obligation and that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects. An expenditure made pursuant to this paragraph shall constitute the creation of excess bond proceeds obligations to be paid from the excess proceeds. Excess bond proceeds obligations shall be listed separately on the Recognized Obligation Payment Schedule submitted by the successor agency. The expenditure of bond proceeds described in this subparagraph pursuant to an excess bond proceeds obligation shall only require the approval by the oversight board of the successor agency. (B) If remaining bond proceeds derived from bonds issued on or before December 31, 2010, cannot be spent in a manner consistent with the bond covenants pursuant to subparagraph (A), the proceeds shall be used at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. (2) Bond proceeds derived from bonds issued on or after January 1, 2011, in excess of the amounts needed to satisfy approved enforceable obligations, shall be used in a manner consistent with the original bond covenants, subject to the following provisions: (A) No more than 5 percent of the proceeds derived from the bonds may be expended, unless the successor agency meets the criteria specified in subparagraph (B). (B) If the successor agency has an approved Last and Final Recognized Obligation Payment Schedule pursuant to Section 34191.6, the agency may expend no more than 20 percent of the proceeds derived from the bonds, subject to the following adjustments: (i) If the bonds were issued during the period of January 1, 2011, to January 31, 2011, inclusive, the successor agency may expend an additional 25 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 45 percent. (ii) If the bonds were issued during the period of February 1, 2011, to February 28, 2011, inclusive, the successor agency may expend an additional 20 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 40 percent. (iii) If the bonds were issued during the period of March 1, 2011, to March 31, 2011, inclusive, the successor agency may expend an additional 15 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 35 percent. (iv) If the bonds were issued during the period of April 1, 2011, to April 30, 2011, inclusive, the successor agency may expend an additional 10 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 30 percent. (v) If the bonds were issued during the period of May 1, 2011, to May 31, 2011, inclusive, the successor agency may expend an additional 5 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 25 percent. (C) Remaining bond proceeds that cannot be spent pursuant to subparagraphs (A) and (B) shall be used at the at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. (D) The expenditure of bond proceeds described in this paragraph shall only require the approval by the oversight board of the successor agency. (3) If a successor agency provides the oversight board and the department with documentation that proves, to the satisfaction of both entities, that bonds were approved by the former redevelopment agency prior to January 31, 2011, but the issuance of the bonds was delayed by the actions of a third-party metropolitan regional transportation authority beyond January 31, 2011, the successor agency may expend the associated bond proceeds in accordance with clause (i) of subparagraph (B) of paragraph (2) of this section. (4) Any proceeds derived from bonds issued by a former redevelopment agency after December 31, 2010, that were issued, in part, to refund or refinance tax-exempt bonds issued by the former redevelopment agency on or before December 31, 2010, and which are in excess of the amount needed to refund or refinance the bonds issued on or before December 31, 2010, may be expended by the successor agency in accordance with clause (i) of subparagraph (B) of paragraph (2) of this section. The authority provided in this paragraph is conditioned on the successor agency providing to its oversight board and the department the resolution by the former redevelopment agency approving the issuance of the bonds issued after December 31, 2010. (d) This section shall apply retroactively to actions occurring on or after June 28, 2011. The amendment of this section by the act adding this subdivision shall not result in the denial of a loan under subdivision (b) that has been previously approved by the department prior to the effective date of the act adding this subdivision. Additionally, the amendment of this section by the act adding this subdivision shall not impact the judgments, writs of mandate, and orders entered by the Sacramento Superior Court in the following lawsuits: (1) City of Watsonville v. California Department of Finance, et al. (Sac. Superior Ct. Case No. 34-2014-80001910); (2) City of Glendale v. California Department of Finance, et al. (Sac. Superior Ct. Case No. 34-2014-80001924). (Amended by Stats. 2015, Ch. 325, Sec. 21. (SB 107) Effective September 22, 2015.)
  55. 34191.40.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. )

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    A beneficiary district must be governed by a five-member board, and the board must choose a chairperson.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. ) ## 34191.40. (a) A beneficiary district shall be governed by a board composed of the following five members: (1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable. (2) The treasurer of the city or county that formed the redevelopment agency. (3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency. (b) The board shall elect one of its members as the chairperson. (c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed. (d) Each member shall serve without compensation. (Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
  56. 34191.45.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. )

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    A city or county may reject certain property tax distributions by ordinance or resolution, after which it loses claim or control over those distributions and the county auditor-controller must send them to the beneficiary district, subject to a stated exception.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. ) ## 34191.45. (a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district. (b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply: (1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7. (2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7. (Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
  57. 34191.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. )

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    The successor agency must prepare and submit a long-range property management plan for former redevelopment agency properties, and property transfers are blocked until the plan is approved.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. ) ## 34191.5. (a) There is hereby established a Community Redevelopment Property Trust Fund, administered by the successor agency, to serve as the repository of the former redevelopment agency’s real properties identified in subparagraph (C) of paragraph (5) of subdivision (c) of Section 34179.5. (b) The successor agency shall prepare a long-range property management plan that addresses the disposition and use of the real properties of the former redevelopment agency. If the former redevelopment agency did not have real properties, the successor agency shall prepare a long-range property management plan certifying that the successor agency does not have real properties of the former redevelopment agency for disposition or use. The plan shall be submitted to the oversight board and the Department of Finance for approval no later than six months following the issuance to the successor agency of the finding of completion. (c) The long-range property management plan shall do all of the following: (1) Include an inventory of all properties in the trust. The inventory shall consist of all of the following information: (A) The date of the acquisition of the property and the value of the property at that time, and an estimate of the current value of the property. (B) The purpose for which the property was acquired. (C) Parcel data, including address, lot size, and current zoning in the former agency redevelopment plan or specific, community, or general plan. (D) An estimate of the current value of the parcel including, if available, any appraisal information. (E) An estimate of any lease, rental, or any other revenues generated by the property, and a description of the contractual requirements for the disposition of those funds. (F) The history of environmental contamination, including designation as a brownfield site, any related environmental studies, and history of any remediation efforts. (G) A description of the property’s potential for transit-oriented development and the advancement of the planning objectives of the successor agency. (H) A brief history of previous development proposals and activity, including the rental or lease of property. (2) Address the use or disposition of all of the properties in the trust. Permissible uses include the retention of the property for governmental use pursuant to subdivision (a) of Section 34181, the retention of the property for future development, the sale of the property, or the use of the property to fulfill an enforceable obligation. The plan shall separately identify and list properties in the trust dedicated to governmental use purposes and properties retained for purposes of fulfilling an enforceable obligation. With respect to the use or disposition of all other properties, all of the following shall apply: (A) (i) If the plan directs the use or liquidation of the property for a project identified in an approved redevelopment plan, the property shall transfer to the city, county, or city and county. (ii) For purposes of this subparagraph, the term “identified in an approved redevelopment plan” includes properties listed in a community plan or a five-year implementation plan. (iii) The department or an oversight board may require approval of a compensation agreement or agreements, as described in subdivision (f) of Section 34180, prior to any transfer of property pursuant to this subparagraph, provided, however, that a compensation agreement or agreements may be developed and executed subsequent to the approval process of a long-range property management plan. (B) If the plan directs the liquidation of the property or the use of revenues generated from the property, such as lease or parking revenues, for any purpose other than to fulfill an enforceable obligation or other than that specified in subparagraph (A), the proceeds shall be distributed as property tax to the taxing entities. (C) Property shall not be transferred to a successor agency, city, county, or city and county, unless the long-range property management plan has been approved by the oversight board and the Department of Finance. (d) The department shall only consider whether the long-range property management plan makes a good faith effort to address the requirements set forth in subdivision (c). (e) The department shall approve long-range property management plans as expeditiously as possible. (f) Actions to implement the disposition of property pursuant to an approved long-range property management plan shall not require review by the department. (Amended by Stats. 2015, Ch. 325, Sec. 22. (SB 107) Effective September 22, 2015.)
  58. 34191.50.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. )

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    A beneficiary district must use provided funds to promote affordable housing within its boundaries, may use several listed financing tools to do so, and must not take obligations that would continue after the district ceases to exist.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. ) ## 34191.50. (a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries. (b) A beneficiary district may promote the development of affordable housing by doing any of the following: (1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district. (2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support. (3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries. (c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist. (Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
  59. 34191.55.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. )

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    A beneficiary district must comply with the Ralph M. Brown Act and the California Public Records Act.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.87. Affordable Housing Special Beneficiary District [34191.30 - 34191.55] ( Part 1.87 added by Stats. 2016, Ch. 453, Sec. 1. ) ## 34191.55. (a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45. (Amended by Stats. 2021, Ch. 615, Sec. 257. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  60. 34191.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. )

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    Successor agencies may submit a Last and Final Recognized Obligation Payment Schedule if listed conditions are met, but they must follow approval, reporting, spending, and amendment limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES [34170 - 34191.6] ( Part 1.85 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. ) ## CHAPTER 9. Postcompliance Provisions [34191.1 - 34191.6] ( Chapter 9 added by Stats. 2012, Ch. 26, Sec. 35. ) ## 34191.6. (a) Beginning January 1, 2016, successor agencies may submit a Last and Final Recognized Obligation Payment Schedule for approval by the oversight board and the department if all of the following conditions are met: (1) The remaining debt of a successor agency is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules including, but not limited to, debt service, loan agreements, and contracts. (2) All remaining obligations have been previously listed on a Recognized Obligation Payment Schedule and approved for payment by the department pursuant to subdivision (m) or (o) of Section 34177. (3) The successor agency is not a party to outstanding or unresolved litigation. Notwithstanding this provision, successor agencies that are party to Los Angeles Unified School Dist. v. County of Los Angeles (2010) 181 Cal.App.4th 414 or Los Angeles Unified School District v. County of Los Angeles (2013) 217 Cal.App.4th 597, may submit a Last and Final Recognized Obligation Payment Schedule. (b) A successor agency that meets the conditions in subdivision (a) may submit a Last and Final Recognized Obligation Payment Schedule to its oversight board for approval at any time. The successor agency may then submit the oversight board-approved Last and Final Recognized Obligation Payment Schedule to the department and only in a manner provided by the department. The Last and Final Recognized Obligation Payment Schedule shall not be effective until reviewed and approved by the department as provided for in subdivision (c). The successor agency shall also submit a copy of the oversight board-approved Last and Final Recognized Obligation Payment Schedule to the county administrative officer, the county auditor-controller, and post it to the successor agency’s Internet Web site at the same time that the successor agency submits the Last and Final Recognized Obligation Payment Schedule to the department. (1) The Last and Final Recognized Obligation Payment Schedule shall list the remaining enforceable obligations of the successor agency in the following order: (A) Enforceable obligations to be funded from the Redevelopment Property Tax Trust Fund. (B) Enforceable obligations to be funded from bond proceeds or enforceable obligations required to be funded from other legally or contractually dedicated or restricted funding sources. (C) Loans or deferrals authorized for repayment pursuant to subparagraph (G) of paragraph (1) of subdivision (d) of Section 34171 or Section 34191.4. (2) The Last and Final Recognized Obligation Payment Schedule shall include the total outstanding obligation and a schedule of remaining payments for each enforceable obligation listed pursuant to subparagraphs (A) and (B) of paragraph (1), and the total outstanding obligation and interest rate of 4 percent, for loans or deferrals listed pursuant to subparagraph (C) of paragraph (1). (c) The department shall have 100 days to review the Last and Final Recognized Obligation Payment Schedule submitted pursuant to subdivision (b). The department may make any amendments or changes to the Last and Final Recognized Obligation Payment Schedule, provided the amendments or changes are agreed to by the successor agency in writing. If the successor agency and the department cannot come to an agreement on the proposed amendments or changes, the department shall issue a letter denying the Last and Final Recognized Obligation Payment Schedule. All Last and Final Recognized Obligation Payment Schedules approved by the department shall become effective on the first day of the subsequent Redevelopment Property Tax Trust Fund distribution period. If the Last and Final Recognized Obligation Payment Schedule is approved less than 15 days before the date of the property tax distribution, the Last and Final Recognized Obligation Payment Schedule shall not be effective until the subsequent Redevelopment Property Tax Trust Fund distribution period. (1) Upon approval by the department, the Last and Final Recognized Obligation Payment Schedule shall establish the maximum amount of Redevelopment Property Tax Trust Funds to be distributed to the successor agency for each remaining fiscal year until all obligations have been fully paid. (2) (A) Successor agencies may submit no more than two requests to the department to amend the approved Last and Final Recognized Obligation Payment Schedule. Requests shall first be approved by the oversight board and then submitted to the department for review. A request shall not be effective until reviewed and approved by the department. The request shall be provided to the department by electronic means and in a manner of the department’s choosing. The department shall have 100 days from the date received to approve or deny the successor agency’s request. All amended Last and Final Recognized Obligation Payment Schedules approved by the department shall become effective in the subsequent Redevelopment Property Tax Trust Fund distribution period. If an amended Last and Final Recognized Obligation Payment Schedule is approved less than 15 days before the date of the property tax distribution, the Last and Final Recognized Obligation Payment Schedule shall not be effective until the subsequent Redevelopment Property Tax Trust Fund distribution period. (B) Notwithstanding paragraph (2), there shall be no limitation on the number of Last and Final Recognized Obligation Payment Schedule amendment requests that may be submitted to the department by successor agencies that are party to either of the cases specified in paragraph (3) of subdivision (a), provided those additional amendments are submitted for the sole purpose of complying with final judicial determinations in those cases. (3) Any revenues, interest, and earnings of the successor agency not authorized for use pursuant to the approved Last and Final Recognized Obligation Payment Schedule shall be remitted to the county auditor-controller for distribution to the affected taxing entities. Notwithstanding Sections 34191.3 and 34191.5, proceeds from the disposition of real property subsequent to the approval of the Last and Final Recognized Obligation Payment Schedule that are not necessary for the payment of an enforceable obligation shall be remitted to the county auditor-controller for distribution to the affected taxing entities. (4) A successor agency shall not expend more than the amount approved for each enforceable obligation listed and approved on the Last and Final Recognized Obligation Payment Schedule. (5) If a successor agency receives insufficient funds to pay for the enforceable obligations approved in the Last and Final Recognized Obligation Payment Schedule in any given period, the city, county, or city and county that created the redevelopment agency may loan or grant funds to a successor agency for that period at the successor agency’s request for the sole purpose of paying for approved items on the Last and Final Recognized Obligation Payment Schedule that would otherwise go unpaid. Any loans provided pursuant to this paragraph by the city, county, or city and county that created the redevelopment agency shall not include an interest component. Additionally, at the request of the department, the county treasurer may loan any funds from the county treasury to the Redevelopment Property Tax Trust Fund of the successor agency for the purpose of paying an item approved on the Last and Final Recognized Obligation Payment Schedule in order to ensure prompt payments of successor agency debts. Any loans provided pursuant to this paragraph by the county treasurer shall not include an interest component. A loan made under this section shall be repaid from the source of funds approved for payment of the underlying enforceable obligation in the Last and Final Recognized Obligation Payment Schedule once sufficient funds become available from that source. Payment of the loan shall not increase the total amount of Redevelopment Property Tax Trust Fund received by the successor agency as approved on the Last and Final Recognized Obligation Payment Schedule. (6) Notwithstanding subparagraph (B) of paragraph (6) of subdivision (e) of Section 34176 and subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4, commencing on the date the Last and Final Recognized Obligation Payment Schedule becomes effective: (A) The maximum repayment amount of the total principal and interest on loans and deferrals authorized for repayment pursuant to subparagraph (B) of paragraph (6) of subdivision (e) of Section 34176 or Section 34191.4 and listed and approved in the Last and Final Recognized Obligation Payment Schedule shall be 15 percent of the moneys remaining in the Redevelopment Property Tax Trust Fund after the allocation of moneys in each six-month period pursuant to Section 34183 prior to the distributions under paragraph (4) of subdivision (a) of Section 34183. (B) If the calculation performed pursuant to subparagraph (A) results in a lower repayment amount than would result from application of the calculation specified in subparagraph (B) of paragraph (6) of subdivision (e) of Section 34176 or subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4, the successor agency may calculate its Last and Final Recognized Obligation Payment Schedule loan repayments using the latter calculation. (7) Commencing on the effective date of the approved Last and Final Recognized Obligation Payment Schedule, the successor agency shall not prepare or transmit Recognized Obligation Payment Schedules pursuant to Section 34177. (8) Commencing on the effective date of the approved Last and Final Recognized Obligation Payment Schedule, oversight board resolutions shall not be submitted to the department pursuant to subdivision (h) of Section 34179. This paragraph shall not apply to oversight board resolutions necessary for refunding bonds pursuant to Section 34177.5, long-range property management plans pursuant to Section 34191.5, amendments to the Last and Final Recognized Obligation Payment Schedule under paragraph (2) of subdivision (c), and the final oversight board resolutions pursuant to Section 34187. (d) The county auditor-controller shall do the following: (1) Review the Last and Final Recognized Obligation Payment Schedule and provide any objection to the inclusion of any items or amounts to the department. (2) After the Last and Final Recognized Obligation Payment Schedule is approved by the department, the county auditor-controller shall continue to allocate moneys in the Redevelopment Property Tax Trust Fund pursuant to Section 34183; however, the allocation from the Redevelopment Property Tax Trust Funds in each fiscal period, after deducting auditor-controller administrative costs, shall be according to the following order of priority: (A) Allocations pursuant to paragraph (1) of subdivision (a) of Section 34183. (B) Debt service payments scheduled to be made for tax allocation bonds that are listed and approved in the Last and Final Recognized Obligation Payment Schedule. (C) Payments scheduled to be made on revenue bonds that are listed and approved in the Last and Final Recognized Obligation Payment Schedule, but only to the extent the revenues pledged for them are insufficient to make the payments and only if the agency’s tax increment revenues were also pledged for the repayment of bonds. (D) Payments scheduled for debts and obligations listed and approved in the Last and Final Recognized Obligation Payment Schedule to be paid from the Redevelopment Property Tax Trust Fund pursuant to subparagraph (A) of paragraph (1) of subdivision (b) and subdivision (c). (E) Payments listed and approved pursuant to subparagraph (A) of paragraph (1) of subdivision (b) and subdivision (c) that were authorized but unfunded in prior periods. (F) Repayment in the amount specified in paragraph (6) of subdivision (c) of loans and deferrals listed and approved on the Last and Final Recognized Obligation Payment Schedule pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and subdivision (c). (G) Any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by subparagraphs (A) to (F), inclusive, shall be distributed to taxing entities in accordance with paragraph (4) of subdivision (a) of Section 34183. (3) If the successor agency reports to the county auditor-controller that the total available amounts in the Redevelopment Property Tax Trust Fund will be insufficient to fund their current or future fiscal year obligations, and if the county auditor-controller concurs that there are insufficient funds to pay the required obligations, the county auditor-controller may distribute funds pursuant to subdivision (b) of Section 34183. (4) The county auditor-controller shall no longer distribute property tax to the Redevelopment Property Tax Trust Fund once the aggregate amount of property tax allocated to the successor agency equals the total outstanding obligation approved in the Last and Final Recognized Obligation Payment Schedule. (e) Successor agencies with a Last and Final Recognized Payment Schedule approved by the department may amend or modify existing contracts, agreements, or other arrangements identified on the Last and Final Recognized Obligation Payment Schedule which the department has already determined to be enforceable obligations, provided: (1) The outstanding payments owing from the successor agency are not accelerated or increased in any way. (2) Any amendment to extend terms shall not include an extension beyond the last scheduled payment for the enforceable obligations listed and approved on the Last and Final Recognized Obligation Payment Schedule. (3) This subdivision shall not be construed as authorizing successor agencies to create new or additional enforceable obligations or otherwise increase, directly or indirectly, the amount of Redevelopment Property Tax Trust Funds allocated to the successor agency by the county auditor-controller. (Added by Stats. 2015, Ch. 325, Sec. 23. (SB 107) Effective September 22, 2015.)
  61. 34192.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 1. Application of this Part [34192 - 34192.5] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A redevelopment agency in a participating city or county is exempt from specified redevelopment-law provisions and other conflicting laws if the city or county meets the part’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 1. Application of this Part [34192 - 34192.5] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34192. Notwithstanding any provision of law, if a city or county that includes a redevelopment agency participates in the program established pursuant to this part and complies with all requirements and obligations contained in this part, a redevelopment agency included in that city or county shall be exempt from Part 1.8 (commencing with Section 34161), Part 1.85 (commencing with Section 34170), and any other conflicting provision of law. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  62. 34192.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 1. Application of this Part [34192 - 34192.5] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    This part applies only if Parts 1.8 and 1.85 are enacted and operative when the act takes effect, and this part controls if those parts conflict with it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 1. Application of this Part [34192 - 34192.5] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34192.5. (a) This part shall be operative only if Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) are enacted and operative at the time the act adding this part takes effect. (b) To the extent that Part 1.8 (commencing with Section 34161) or Part 1.85 (commencing with Section 34170) conflict with this part, the provisions of this part shall control. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  63. 34193.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A redevelopment agency may continue operating only if the community enacts a complying ordinance by November 1, 2011, with a stated exception in Section 34194.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34193. (a) Notwithstanding Part 1.8 (commencing with Section 34161), Part 1.85 (commencing with Section 34170), or any other law, a redevelopment agency may continue to exist and carry out the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) only upon the enactment of an ordinance enacted by the community to comply with this part on or before November 1, 2011, except as provided in clause (ii) of subparagraph (L) of paragraph (2) of subdivision (b) of Section 34194. (b) If a city or county intends to enact the ordinance provided for in this section after October 1, 2011, it shall indicate that intention by adopting a nonbinding resolution of intent to that effect prior to October 1, 2011, and notify the Department of Finance, the Controller, and the county auditor before October 1, 2011, concerning the resolution. This action shall delay the dissolution of a redevelopment agency until November 1, 2011. If a city or county does not enact an ordinance pursuant to this part, Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) shall apply, as applicable, to a redevelopment agency. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  64. 34193.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A qualifying city or county had to notify specified state and county officials by November 1, 2011 that it would comply with this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34193.1. On or before November 1, 2011, a city or county that has created a redevelopment agency and enacted an ordinance pursuant to Section 34193 shall notify the county auditor-controller, the Controller, and the Department of Finance that the city or county agree to comply with the provisions of this part. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  65. 34193.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A city or county must agree to remit revenues under this part in order to continue redevelopment, and participation in the program can also require assigning certain payment rights to the state if remittances are not made.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34193.2. The community remittances that are made under this part are intended to benefit the community by ensuring improved educational and other community services in the areas served by the redevelopment agency. (a) A city or county’s agreement to remit revenues to school entities and special districts under this part is a precondition to continue redevelopment pursuant to this part. (b) Participation in the alternative voluntary redevelopment program shall also constitute an agreement, on the part of a city or county, that it assigns its rights to any payments owed from a redevelopment agency, including, but not limited to, payments from loan agreements, to the state, in the event that the city or county fails to make a remittance required pursuant to this part. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  66. 34193.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A redevelopment agency’s actions covered by this section are exempt from certain subdivisions of Sections 33500 and 33501, and instead remain subject to the other parts of those sections.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 2. Continued Agency Existence [34193 - 34193.3] ( Chapter 2 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34193.3. The actions of any redevelopment agency of a participating city or county that has enacted an ordinance pursuant to Section 34193, taken after the date of the adoption of that ordinance, and which are subject to the provisions of Sections 33500 or 33501, shall not be subject to subdivision (c) or (d) of Section 33500 or of subdivision (c) of Section 33501. Instead, these actions shall be subject to the other provisions of those sections notwithstanding that the actions occurred after January 1, 2011. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  67. 34194.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    Cities and counties with qualifying redevelopment agencies must make remittances and follow a set process for calculating, notifying, auditing, appealing, and paying those amounts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194. (a) A city or county that includes a redevelopment agency that has complied with this part shall make the remittances required by this section to the county auditor-controller. The county auditor-controller shall deposit an amount as determined by Section 34194.4 into the Special District Allocation Fund, and remaining funds shall be remitted to the county Educational Revenue Augmentation Fund, created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (b) (1) For the 2011–12 fiscal year, a city or county shall remit an amount equal to the amount determined for the redevelopment agencies in that city or county pursuant to subparagraph (I) of paragraph (2). (2) Utilizing the Controller’s redevelopment agency 2008–09 annual report, the Director of Finance shall do all of the following for the 2011–12 fiscal year: (A) Determine the net tax increment apportioned to each redevelopment agency pursuant to Section 33670, calculated as a redevelopment agency’s tax increment revenue, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and excluding all amounts used to pay for tax allocation bonds and interest payments specified in the Controller’s report, in the 2008–09 fiscal year. (B) Determine the net tax increment apportioned to all redevelopment agencies pursuant to Section 33670, calculated as all redevelopment agencies’ tax increment revenue, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and excluding all amounts used to pay for tax allocation bonds and interest payments specified in the Controller’s report, in the 2008–09 fiscal year. (C) Determine each redevelopment agency’s proportionate share of statewide net tax increment by dividing the amount determined pursuant to subparagraph (A) by the amount determined pursuant to subparagraph (B). (D) Determine a proportionate amount of net tax increment for each redevelopment agency by multiplying one billion seven hundred million dollars ($1,700,000,000) by the proportionate share determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each redevelopment agency pursuant to Section 33670, calculated as a redevelopment agency’s tax increment revenue, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and including all amounts used for payments of tax allocation bonds and interest payments specified in the Controller’s report, in the 2008–09 fiscal year. (F) Determine the total amount of property tax revenue apportioned to all redevelopment agencies pursuant to Section 33670, calculated as all redevelopment agencies’ tax increment revenue, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and including all amounts used for payments of tax allocation bonds and interest payments specified in the Controller’s report, in the 2008–09 fiscal year. (G) Determine each redevelopment agency’s proportionate share of property tax revenue by dividing the amount determined pursuant to subparagraph (E) by the amount determined pursuant to subparagraph (F). (H) Determine a proportionate amount of property tax revenue for each redevelopment agency by multiplying one billion seven hundred million dollars ($1,700,000,000) by the proportionate share determined pursuant to subparagraph (G). (I) Average the amounts determined pursuant to subparagraphs (D) and (H). (J) On or before August 1, 2011, notify each city or county of the amount determined pursuant to subparagraph (I) for a redevelopment agency of that city or county. (K) Notify each county auditor-controller of the amounts determined pursuant to subparagraph (I) for each agency in his or her county. (L) (i) After receiving the notification from the Director of Finance pursuant to subparagraph (J), a city or county may appeal the amount of remittance to the director on or before August 15, 2011, on the basis that the information in the Controller’s report was in error or that the percentage of tax increment necessary to pay for tax allocation bonds and interest payments has increased by 10 percent or more over the percentage calculated pursuant to the Controller’s redevelopment agency 2008–09 annual report. Any appeal shall include documentation that clearly and convincingly establishes the basis of the appeal and the amount of the claimed discrepancy. (ii) The director may reject the appeal or approve it, in whole or in part, at the director’s sole discretion. The director shall notify the city or county and the county auditor-controller of the decision on the appeal by September 15, 2011. However, the director may extend the decision deadline, at the director’s discretion and upon notification of the city or county and the county auditor-controller, until October 15, 2011, in which case the date by which the city or county must enact the ordinance required by this part shall be extended until December 1, 2011. If the director determines that the percentage of tax increment necessary to pay for tax allocation bonds or interest payments has increased by 10 percent or more, as described by this subparagraph, then the director shall recalculate the remittance amount for the city or county identified in subparagraph (I) by reducing the amount in subparagraph (D) to reflect any percentage increase that is in excess of 10 percent. (c) For the 2012–13 fiscal year and each fiscal year thereafter a participating community shall remit an amount equal to the sum of the amounts specified in paragraphs (1) and (2): (1) For a community subject to a remittance amount determined for the 2011–12 fiscal year pursuant to subdivision (b), a base payment equal to the base payment in the prior fiscal year, increased by the percentage growth or decreased by the percentage reduction, as appropriate, from the prior fiscal year in the total adjusted amount of property tax increment revenue allocated to the redevelopment agency of the community pursuant to Section 33670 with respect to project areas that were in existence, and for which the agency received allocations of tax increment revenue, during the 2011–12 fiscal year. (A) For the 2012–13 fiscal year, the base payment in the prior fiscal year shall be the remittance amount determined pursuant to subdivision (b) for the 2011–12 fiscal year multiplied by the ratio of four hundred million dollars ($400,000,000) to one billion seven hundred million dollars ($1,700,000,000). (B) The “adjusted amount of property tax increment revenue” described in this paragraph means an amount of property tax increment in any fiscal year for a project area that is calculated by subtracting the amount of any debt service or other payments for new debt issuances or obligations, as provided in paragraph (2), from the total amount of property tax increment revenue allocated in that year to the agency with respect to that project area. (2) (A) An amount equivalent to 80 percent, or any lesser amount as may be authorized by law for qualifying projects, of the total net school share, as described in subparagraph (B), of debt service or other payments made in that fiscal year for new debt or obligations issued or incurred on or after November 1, 2011, as shown on the agency’s statement of indebtedness, excluding any debts issued or incurred on behalf of the agency’s Low and Moderate Income Housing Fund, established pursuant to Section 33334.3. “New debt” means debt that is displayed on a statement of indebtedness filed after a statement of indebtedness filed on October 1, 2011, that was not displayed on the statement of indebtedness filed on October 1, 2011. (B) For the purpose of subparagraph (A), the net school share shall be the school share of the property tax increment revenues, less any passthrough payments to school entities, that would have been received in the absence of redevelopment by school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, in the jurisdictional territory of the redevelopment agency, including, but not limited to, the amounts specified in Section 97.68 and 97.70 of the Revenue and Taxation Code. (C) It is the intent of the Legislature to enact legislation in the 2011–12 session to prescribe a schedule of reductions in the community remittance, described in subparagraph (A), that will authorize payments of less than 80 percent of the school share of property taxes to the Educational Revenue Augmentation Fund. The reductions shall apply for bonds issued for the purpose of funding projects that advance the achievement of statewide goals with respect to transportation, housing, economic development and job creation, environmental protection and remediation, and climate change, including, but not limited to, projects that are consistent with the Sustainable Communities Strategies developed pursuant to Chapter 4.2 (commencing with Section 21155) of Division 13 of the Public Resources Code. (3) On or before November 1 of each year, the city or county shall notify the Department of Finance, the Controller, and the county auditor-controller of the remittance amount required by the calculations described in this subdivision. The Director of Finance, the Controller, and the county auditor-controller shall each be authorized to audit and verify the remittance amount that is determined by the city or county. The county auditor-controller, based upon an audit conducted by that office, or upon notification by the Director of Finance or the Controller based on an audit conducted by those offices, that determines that the city or county has miscalculated its remittance payment amount, shall adjust the amount of the next remittance payment that shall be paid by the city or county to reflect the correct amount of payment previously owed by the city or county as identified in that audit, as required by this subdivision. (d) (1) A city or county shall pay one-half of the total remittance amount, as calculated pursuant to subdivision (b) or (c), on or before January 15 of each year and shall pay the remaining one-half of the remittance amount on or before May 15 of each year. (2) If a city or county fails to make its remittance payment as required by paragraph (1), the county auditor-controller shall notify the Director of Finance of the failure to make the payment within 30 days. Upon receipt of the notification, the Director of Finance may determine that the redevelopment agency in the city or county shall be subject to the requirements of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) as described in Section 34195. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  68. 34194.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    Cities or counties making certain remittances may use any uncommitted funds, and several local education funding and reporting duties apply.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194.1. (a) A city or county making remittances to the county auditor-controller pursuant to Section 34194 or 34194.5 may use any available funds not otherwise obligated for other uses. (b) In the 2011–12 fiscal year, the total amount paid pursuant to this chapter to school districts, county offices of education, charter schools, and community college districts shall be considered to be property taxes for the purposes of Section 2558, paragraph (1) of subdivision (h) of Section 42238, and Section 84751 of the Education Code. In the 2011–12 fiscal year, notwithstanding any other law, funding provided to local education agencies pursuant to this chapter shall be considered allocated local proceeds of taxes for purposes of Section 8 of Article XVI of the California Constitution. (c) In fiscal years on and after the 2012–13 fiscal year, the total amount paid each year pursuant to this chapter to school districts, county offices of education, charter schools, and community college districts shall not be considered to be property taxes for the purposes of Section 2558, paragraph (1) of subdivision (h) of Section 42238, and Section 84751 of the Education Code. In fiscal years on and after the 2012–13 fiscal year, notwithstanding any other law, funding provided to local education agencies pursuant to this chapter shall not be considered allocated local proceeds of taxes for purposes of Section 8 of Article XVI of the California Constitution. (d) For purposes of computing a school district’s property tax revenue, remittances made pursuant to this chapter shall be treated as property tax revenues transferred to school districts, county offices of education, and community college districts pursuant to subdivision (a) of Section 34183 for purposes of Section 41204.3 of the Education Code. (e) (1) Notwithstanding Sections 97.2 and 97.3 of the Revenue and Taxation Code, the county auditor-controller shall distribute the funds that are remitted to the county Educational Revenue Augmentation Fund by a city or county pursuant to this section only to a K-12 school district or county office of education that is located partially or entirely within any project area of the redevelopment agency in an amount proportional to the average daily attendance of each school district. (2) The county auditor-controller shall notify each K-12 school district, and the State Department of Education, of the amount of Educational Revenue Augmentation Fund moneys a district receives pursuant to this section. The county auditor-controller shall also notify each K-12 school district receiving funds pursuant to paragraph (1) of the project area boundaries of the redevelopment agency. (3) (A) The county superintendent of schools shall provide the average daily attendance reported for each school district as of the second principal apportionment for the preceding fiscal year to the county auditor-controller. (B) The county auditor-controller shall, based on information provided by the county superintendent of schools pursuant to subparagraph (A), allocate the funding pursuant to this subdivision to those districts within the city or county. (4) School districts and county offices of education shall use the funds received under this section to serve pupils living in the redevelopment areas or in housing supported by redevelopment agency funds. Redevelopment agencies shall provide whatever information school districts and county offices of education need to accomplish this purpose. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  69. 34194.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A city or county may agree with its redevelopment agency to receive a transfer of part of the agency’s tax increment, subject to a cap tied to that year’s annual remittance requirement.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194.2. In choosing to continue redevelopment pursuant to this part, a city or county may enter into an agreement with the redevelopment agency in that jurisdiction, whereby the redevelopment agency will transfer a portion of its tax increment to the city or county, in an amount not to exceed the annual remittance required that year pursuant to this chapter, for the purpose of financing activities within the redevelopment area that are related to accomplishing the redevelopment agency project goals. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  70. 34194.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    For the 2011–12 fiscal year, certain redevelopment agencies are exempt from making the full Low and Moderate Income Housing Fund allocation, but must make a finding about insufficient other moneys before reducing the allocation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194.3. For the 2011–12 fiscal year only, a redevelopment agency included in a city or county that complies with the provisions of this part shall be exempt from making the full allocation required to be made to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.4, and 33334.6. It is the intent of the Legislature that Low and Moderate Income Housing Fund allocations be maintained to the extent feasible. As a condition of reducing its allocation pursuant to this section, the agency shall make a finding that there are insufficient other moneys to meet its debt and other obligations, current priority program needs, or its obligations under Section 34194.2. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  71. 34194.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    County auditor-controllers must create a Special District Allocation Fund, deposit specified remittance amounts into it, pay special districts by May 15 each year, and report payments to the Controller by June 30.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3. Community Remittances [34194 - 34194.4] ( Chapter 3 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194.4. (a) The county auditor-controller in each county in which a redevelopment agency exists shall establish in the county treasury a Special District Allocation Fund. The county auditor-controller shall deposit the following amounts into the fund out of each annual remittance by a city or county that includes a special district under this section paid pursuant to Section 34194 as follows: (1) For the 2011–12 fiscal year, the amount shall be the city’s or county’s remittance amount multiplied by the ratio of four million three hundred thousand dollars ($4,300,000) to one billion seven hundred million dollars ($1,700,000,000). (2) For the 2012–13 fiscal year and each fiscal year thereafter, the amount shall be the city’s or county’s remittance amount multiplied by the ratio of sixty million dollars ($60,000,000) to four hundred million dollars ($400,000,000). (3) Amounts derived from the remittance payments of each city or county shall be maintained in separate accounts in the fund. (b) On or before May 15 each year, the county auditor-controller shall make payments out of each account in the Special District Allocation Fund to each special district the boundaries of which include all or any portion of a redevelopment project area of the city’s or county’s redevelopment agency for special district services that the district determines further redevelopment purposes. Each special district shall receive a proportionate share of the total annual deposit in the account, determined as follows: (1) For each special district, the auditor-controller shall determine the annual amount of tax increment revenue of the city’s or county’s redevelopment agency that is attributable to the special district. This amount shall be the amount of additional property tax revenue that the special district would have received in that year had property tax collected on incremental assessed value within the redevelopment project areas been allocated to the district under the property tax allocation laws then in effect. From this amount, the auditor-controller shall subtract any passthrough payments received in that year by the special district from the redevelopment agency. (2) The county auditor-controller shall sum all of the annual amounts for individual special districts determined in paragraph (1). (3) For each special district, the county auditor-controller shall calculate the ratio of the amount determined for that special district under paragraph (1) to the total amount determined in paragraph (2). This ratio shall be each special district’s proportion of the total payment from the account. (c) For the purposes of this section, “special district” means a district that provides fire protection services and transit districts. A special district that has both excluded and nonexcluded functions and that serves nonexcluded functions within a redevelopment project area shall receive a prorated share proportionate to the special district’s overall share of countywide property tax that is received for its nonexcluded functions. (d) The auditor-controller shall report the payments made to special districts pursuant to this section to the Controller by June 30 each year in a form and manner as specified by the Controller. (e) The county auditor-controller may require special districts to provide, as a condition of receiving payments from the Special District Allocation Fund, any relevant information necessary to the determination of the payments made pursuant to this section. (Amended by Stats. 2012, Ch. 162, Sec. 94. (SB 1171) Effective January 1, 2013. Section ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  72. 34194.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3.5. Post Dissolution Voluntary Redevelopment Program Participation [34194.5- 34194.5.] ( Chapter 3.5 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    A community may not create a new redevelopment agency unless specific dissolution, debt-retirement, ordinance, and remittance conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 3.5. Post Dissolution Voluntary Redevelopment Program Participation [34194.5- 34194.5.] ( Chapter 3.5 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34194.5. No community may establish a new redevelopment agency if its former redevelopment agency has been dissolved pursuant to Part 1.85 (commencing with Section 34170) until the successor entity has retired all existing enforceable obligations and debts of the former redevelopment agency and then only after the community adopts the ordinance specified in Section 34193, and the ordinance provides for payment of the remittances specified in paragraph (2) of subdivision (c) of Section 34194. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  73. 34195.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 4. Enforcement and Sanctions [34195- 34195.] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    If a city or county misses a required remittance and the Director of Finance makes the specified determination, the city or county loses authorization for voluntary redevelopment and the redevelopment agency becomes subject to Parts 1.8 and 1.85.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 4. Enforcement and Sanctions [34195- 34195.] ( Chapter 4 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34195. In the event that a city or county fails to make the remittance required pursuant to the agreement specified in Section 34194 or 34194.5 and the Director of Finance makes the determination described in subdivision (d) of Section 34194, the following shall apply: (a) The city or county shall no longer be authorized to engage in voluntary redevelopment pursuant to this part and the redevelopment agency shall become immediately subject to the provisions of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170). (b) The state shall be entitled to an assignment of any rights of a city or county, as applicable, to any payments from the redevelopment agency to which the city or county is entitled, as described in subdivision (b) of Section 34193.2, for purposes of mitigating the fiscal impact to the state related to the failure of the city or county to make the required remittance payment. (Amended by Stats. 2012, Ch. 162, Sec. 95. (SB 1171) Effective January 1, 2013. Section ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  74. 34196.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 5. Auditor-Controller Fee [34196- 34196.] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. )

    Verify source ↗

    The auditor-controller may charge a city or county a fee, but only up to the reasonable costs of implementing this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.9. Alternative Voluntary Redevelopment Program [34192 - 34196] ( Part 1.9 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## CHAPTER 5. Auditor-Controller Fee [34196- 34196.] ( Chapter 5 added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. ) ## 34196. The auditor-controller may charge a city or county a fee that does not exceed the reasonable costs of the auditor-controller to implement the provisions of this part. (Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
  75. 34200.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This chapter may be cited as the Housing Authorities Law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34200. This chapter may be cited as the Housing Authorities Law. (Added by Stats. 1951, Ch. 710.)
  76. 34201.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    The section declares legislative findings about unsafe and insanitary housing, shortages of affordable housing, and the public purpose of slum clearance and low-income housing projects.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34201. It is hereby declared: (a) That there exist in the State insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities. (b) That these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income would therefore not be competitive with private enterprise. (c) That the clearance, replanning, and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions of this chapter is declared as a matter of legislative determination. (Added by Stats. 1951, Ch. 710.)
  77. 34202.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section says the definitions in the article control how the chapter is read, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34202. Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter. (Added by Stats. 1951, Ch. 710.)
  78. 34203.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This section defines “Authority” as a public corporation created under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34203. “Authority” means a public corporation created pursuant to this chapter. (Added by Stats. 1951, Ch. 710.)
  79. 34204.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This section defines “city” and “county” for this article.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34204. “City” means any city or city and county. “County” means any county. (Added by Stats. 1951, Ch. 710.)
  80. 34205.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “Governing body” means the city council for a city and the board of supervisors for a county.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34205. “Governing body” means the city council in the case of a city or the board of supervisors in the case of a county. (Added by Stats. 1951, Ch. 710.)
  81. 34206.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “Mayor” is defined as the city’s mayor or, if applicable, the officer who performs the city executive head’s customary duties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34206. “Mayor” means the mayor of the city or the officer charged with the duties customarily imposed on the executive head of the city. (Added by Stats. 1951, Ch. 710.)
  82. 34207.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “Clerk” means the clerk of the city or the county.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34207. “Clerk” means the clerk of the city or of the county. (Added by Stats. 1951, Ch. 710.)
  83. 34208.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    For a city authority, “area of operation” means the city plus land within five miles of its boundaries, subject to stated exclusions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34208. “Area of operation,” in the case of a city authority, includes the city and the area within five miles of its territorial boundaries. It does not include any area which lies within the territorial boundaries of another city unless the governing body of such other city has consented by resolution. It does not include any area which lies within the unincorporated area of any county for which an authority has been authorized to transact business. If a county authority becomes empowered to transact business and exercise its powers, a city authority empowered to transact business and exercise its powers in any of the unincorporated area of the county shall not initiate any further project within such unincorporated territory. (Added by Stats. 1951, Ch. 710.)
  84. 34209.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    A county authority may not operate in certain city areas without the city governing body’s consent, except as authorized by Section 34312.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34209. “Area of operation,” in the case of a county authority includes all of the county except the area within the territorial boundaries of any city for which an authority has been authorized to transact business. Except as authorized by Section 34312.5, a county authority shall not operate in any city located in the county and in which an authority has not been authorized to transact business unless the consent of the city governing body has been obtained. If an authority of a city within a county becomes empowered to transact business and exercise its powers, a county authority empowered to transact business and exercise its powers has no power to initiate any further project or leased housing within the territorial boundaries of the city, except as provided in Section 34312.5. (Amended by Stats. 1976, Ch. 1343.)
  85. 34210.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “Federal Government” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34210. “Federal Government” means the United States, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or otherwise, of the United States. (Added by Stats. 1951, Ch. 710.)
  86. 34211.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “slum” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34211. “Slum” means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement, or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals. (Added by Stats. 1951, Ch. 710.)
  87. 34212.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “housing project” and “state public body.”

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34212. “Housing project” means any work or undertaking to be financed in whole or in part by the federal government or a state public body or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, by providing financing through the issuance of its debt obligations, or otherwise, for any one or a combination of the following purposes: (a) To demolish, clear, or remove buildings from any slum area. Such work or undertaking may embrace the adaptation of the area to public purposes, including parks or other recreational or community purposes. (b) To provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income and persons and households eligible for housing assistance pursuant to Section 34312.3. Such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes. “Housing projects” also includes the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith. For the purposes of this section, “state public body” means the state, any city, county, city and county, borough, commission, district, authority, or other subdivision or public body of the state, including any housing authority. (Amended by Stats. 1983, Ch. 1309, Sec. 1.)
  88. 34213.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “persons of low income” for housing law purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34213. “Persons of low income” means persons or families whose income does not exceed that permitted by Section 50079.5, or persons or families eligible as lower-income households for assistance provided by state or federal housing programs intended primarily to assist lower-income households, as defined by Section 50079.5. (Amended by Stats. 1982, Ch. 1138, Sec. 1.5.)
  89. 34213.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “construction loan” as a short-term loan secured by real property for costs incurred in constructing or rehabilitating a housing project.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34213.1. “Construction loan” means a short-term loan secured by real property, made for costs incurred in construction or rehabilitation of a housing project. (Added by Stats. 1983, Ch. 1309, Sec. 2.)
  90. 34213.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “tenant” for housing authority rental housing, including leased housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34213.5. “Tenant” means a person lawfully residing in rental housing provided by or through an authority, including persons residing in leased housing. A person residing in leased housing is not a tenant of any authority other than the authority contracting with the owner, or the owner if the owner is an authority. (Amended by Stats. 1983, Ch. 1309, Sec. 3.)
  91. 34213.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    “Mortgage loan” is defined as a long-term loan secured by a mortgage and used for permanent financing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34213.6. “Mortgage loan” means a long-term loan which is secured by a mortgage and is made for permanent financing, including refinancing of existing mortgage obligations as authorized by a resolution of the authority of a housing project. (Added by Stats. 1983, Ch. 1309, Sec. 4.)
  92. 34214.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “bonds” to include bonds, notes, interim certificates, debentures, or other obligations issued by the authority under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34214. “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter. (Added by Stats. 1951, Ch. 710.)
  93. 34215.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    “Real property” is defined broadly to include land and related improvements, fixtures, appurtenant or connected property, and related estates, interests, rights, leases, liens, and secured indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34215. “Real property” includes all land, including improvements and fixtures on it, and property of any nature appurtenant to it, or used in connection with it, and every estate, interest, and right in it, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. (Added by Stats. 1951, Ch. 710.)
  94. 34216.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “obligee” for housing authority bond and contract contexts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34216. “Obligee” includes any bondholder, trustee for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee of all or part of such lessor’s interest, and the Federal Government when it is a party to any contract with the authority. (Added by Stats. 1951, Ch. 710.)
  95. 34217.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    A housing authority may share necessary client information with a county welfare department for public social services administration, but must notify the person, limit the data shared, follow privacy laws, and let the client review the information on request.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34217. A housing authority created pursuant to this part may, without the need to provide written documentation that consent has been obtained from a client, provide information to a county welfare department in order to aid that department in the administration of public social services programs provided for pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code. This section may be implemented either through an automated data exchange system or through a manual system. Any housing authority maintaining and providing information pursuant to this section shall comply with confidentiality and privacy laws concerning the collection, maintenance, and dissemination of information, as contained in Section 10850 of the Welfare and Institutions Code and the federal Privacy Act of 1974 contained in Section 552a of Title 5 of the United States Code. The authority shall provide a written form to each person about whom information is to be provided to a county welfare department pursuant to this section. The form shall notify the person that the information exchanges may occur. A copy of the form may be retained by the person and the authority. The form shall specify the purpose for which the information has been solicited, the entities to which the information may be provided, the uses that may be made of the information, as set forth in Section 552a(e)(3) of Title 5 of the United States Code, and the right of the client to request review of the information that has been provided to the county welfare department. The authority may provide only information that is necessary to determine eligibility for county welfare department programs or services for which the client has applied or which he or she is receiving. The authority shall allow the client to review the information it has provided to a county welfare department, upon request of the client. This section is not intended to eliminate any other legal obligation of the authority to obtain consent from a client before releasing information to another entity. (Added by Stats. 1993, Ch. 985, Sec. 1. Effective January 1, 1994.)
  96. 34218.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    For housing projects under this chapter, a related Civil Code chapter applies, and a housing authority may require escrow, a letter of credit, or a payment bond for certain qualifying contracts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34218. Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code applies to any housing project constructed under this chapter. Notwithstanding the provisions of this section, a housing authority may require a 20 percent cash escrow or a 25 percent irrevocable letter of credit or the payment bond required by this section if the contract is for work undertaken pursuant to the Comprehensive Improvement Assistance Program established by Section 14 of the United States Housing Act of 1937, as amended (42 U.S.C.A. Secs. 1437d and 1437l), or the Public Housing Modernization Act established by Section 5(c)(3)(C) of the United States Housing Act of 1937, as amended (42 U.S.C.A. Secs. 1437d and 1437l). (Amended by Stats. 2010, Ch. 697, Sec. 40. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  97. 34219.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. )

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    This section defines “leased housing” to include certain low-rent private housing that receives federal or state public assistance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 1. General Provisions [34200 - 34219] ( Article 1 added by Stats. 1951, Ch. 710. ) ## 34219. “Leased housing” includes, but is not limited to, low-rent housing in private accommodations for which the federal government or a state public body extends assistance by (1) leasing from the owner at a higher rent than is charged to the tenant or (2) contracting with the owner to make monthly payments in addition to rent paid by the tenant. (Amended by Stats. 1975, Ch. 1135.)
  98. 34240.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    A housing authority exists in each county and city, but it may not do business or use its powers unless the county or city governing body first declares by resolution that the authority is needed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34240. In each county and city there is a public body corporate and politic known as the housing authority of the county or city. The authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the county or city declares that there is need for an authority to function in it. (Added by Stats. 1951, Ch. 710.)
  99. 34240.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    A city or county governing body may, after declaring by resolution that an authority is needed, agree with another city or county to form an area housing authority.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34240.1. Notwithstanding the provisions of Section 34240, the governing body of any city or county may, upon declaration by resolution that there is a need for an authority to function in it, enter into an agreement with any other city or county whose governing body has declared by resolution the need for an authority to function in it, to form an area housing authority in the manner set forth in Sections 34246 and 34247. (Added by Stats. 1970, Ch. 917.)
  100. 34241.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    The governing body may decide whether an authority is needed to function, either on its own or after receiving a petition signed by 25 county or city residents.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34241. The governing body may make the determination as to whether there is a need for an authority to function upon its own motion or upon the filing of a petition signed by 25 residents of the county or city asserting that there is need for an authority to function in the county or city and requesting that the governing body so declare. (Added by Stats. 1951, Ch. 710.)
  101. 34242.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    The governing body may adopt a resolution declaring that a housing authority is needed if it finds certain unsafe or inadequate housing conditions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34242. The governing body may adopt a resolution declaring that there is need for a housing authority if it finds either of the following: (a) That insanitary or unsafe inhabited dwelling accommodations exist in the county or city. (b) That there is a shortage of safe or sanitary dwelling accommodations in such county or city available to persons of low income at rentals they can afford. (Added by Stats. 1951, Ch. 710.)
  102. 34243.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    The governing body may consider specific housing conditions when deciding whether dwelling accommodations are unsafe or insanitary.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34243. In determining whether dwelling accommodations are unsafe or insanitary the governing body may take into consideration: (a) The degree of overcrowding. (b) The percentage of land coverage. (c) The light, air, space, and access available to the inhabitants of such dwelling accommodations. (d) The size and arrangement of the rooms. (e) The sanitary facilities. (f) The extent to which conditions exist in such buildings which endanger life or property by fire or other causes. (Added by Stats. 1951, Ch. 710.)
  103. 34244.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    In proceedings about an authority’s contracts, the authority is treated as established and authorized to do business and use its powers if a required governing-body resolution is proved.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34244. In any proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the governing body declaring the need for the authority. The resolution is sufficient if it declares that there is such need for an authority and finds in substantially the terms of Section 34242 that either or both of the conditions set forth in that section exist in the county or city. A copy of the resolution duly certified by the clerk is admissible in evidence in any proceeding. (Added by Stats. 1951, Ch. 710.)
  104. 34245.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    The governing body may, after two years and if the authority has not transacted business or exercised its powers, resolve to stop the authority from acting and vacate the commissioners’ offices.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34245. If, after the lapse of two years after the adoption of the resolution the governing body finds that the authority has failed to transact any business or exercise any of its powers, it may adopt a resolution declaring that the authority shall not transact any business or exercise its powers under this chapter, and that the offices of the authority commissioners are vacated. At any time thereafter the governing body may declare by resolution that there is need for an authority to function in the county or city, such determination to be made pursuant to this article. (Added by Stats. 1951, Ch. 710.)
  105. 34246.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    Two or more city or county governing bodies may create an area housing authority by agreement, and must appoint commissioners and follow the section’s appointment, quorum, and chair selection rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34246. (a) Notwithstanding any other provision of law, the governing bodies of any two or more cities or counties or any combination thereof may by agreement create an area housing authority. Each governing body party to such agreement shall appoint two persons as commissioners of such authority, and, except as otherwise provided in Section 34246.5, the governing bodies shall jointly appoint one commissioner at large, and, upon appointment of all required commissioners, the authority shall be authorized to exercise all of the powers and transact all of the business which a housing authority of a city or county which is functioning and exercising its powers is authorized to exercise or transact. (b) The governing body of each city or county shall designate one of those commissioners first appointed by it to serve for a term of three years and one to serve for a term of four years. Successors shall be appointed by the governing body for terms of four years, except that all vacancies shall be filled for the unexpired term. The commissioner at large shall serve for a term of four years. His successors shall be appointed jointly by the governing bodies for terms of four years, except that a vacancy shall be filled for the unexpired term. In the event that a successor shall not have been appointed by the governing bodies within 30 days following a vacancy, the Governor shall appoint a successor. (c) Three-fifths of the commissioners of an area housing authority constitute a quorum for the purpose of conducting business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners. (d) The commissioners shall select a chairman from their number. (Amended by Stats. 1975, Ch. 611.)
  106. 34246.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    Governing bodies that are parties to a Section 34246 agreement must jointly appoint a tenant of the housing authority as commissioner, with timing rules if the authority has no tenants yet.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34246.5. (a) The governing bodies party to an agreement entered pursuant to Section 34246 shall jointly appoint a tenant of the area housing authority as commissioner of such authority. If the area housing authority does not have tenants, the governing bodies shall appoint a tenant of the area housing authority to the commission within one year after the area housing authority first does have tenants. (b) The appointment of a tenant commissioner shall be in lieu of the appointment of a commissioner at large pursuant to Section 34246. If a commissioner at large is in office on the effective date of this section, the tenant commissioner initially appointed shall take office at such time as the term of the commissioner at large shall expire. (c) The tenant appointed as a commissioner shall serve for a term of two years, but only so long as he remains a tenant of the area housing authority. His successors shall also be tenants of the area housing authority and shall be appointed jointly by the governing bodies for terms of two years, except that a vacancy shall be filled for the unexpired term. (d) A tenant appointed as a commissioner shall have all the rights, powers, duties, privileges, and immunities of any other commissioner. (Added by Stats. 1975, Ch. 611.)
  107. 34247.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    An authority created under Section 34246 must use the combined possible operating areas of the participating cities and counties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34247. The area of operation of an authority created pursuant to Section 34246 shall be the combined possible areas of operation of participating cities and counties, as determined by Sections 34208 and 34209. (Added by Stats. 1970, Ch. 917.)
  108. 34248.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    If a city or county with an existing housing authority enters the specified agreement, its authority’s powers and duties transfer to the area housing authority when all required commissioners are appointed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34248. (a) If a city or county which enters into an agreement pursuant to Section 34246 has previously established a housing authority, the powers and duties of such authority shall be vested in the area housing authority upon the appointment of all required commissioners to the area authority. (b) Upon such transfer of powers and duties, the title to any property owned or held by, or in trust for the city or county authority, and any debts, demands, liabilities or obligations existing in favor or against such authority, and any proceedings of such authority, shall become those of the area housing authority, and any and all such titles, debts, demands, liabilities, obligations, and proceedings shall have the same validity, force and effect as if acquired, incurred, accrued, or taken by the area housing authority. (c) Any such transfer of powers and duties shall not affect or impair the status or rights of any duly appointed employees of the city or county authority, and such status and rights shall have the same validity, force, and effect as if attained during employment with the area housing authority. (Added by Stats. 1970, Ch. 917.)
  109. 34249.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    Public agencies in certain housing-program agreements must provide for tenant appointment to the governing body, and a tenant appointee gets the same rights and duties as other members.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34249. Nothing in this article shall be interpreted to prohibit agreements between public agencies pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. When such an agreement creates an agency or entity which is separate from the parties to the agreement and which is responsible for the administration of a housing program authorized by this part, the public agencies party to such agreement shall provide for the appointment of a tenant of such agency or entity to the governing body of the agency or entity. If such agency or entity does not have tenants, then the parties to the agreement shall provide for the appointment of a tenant of the agency or entity to the governing body thereof within one year after the agency or entity first does have tenants. The term of a tenant appointed to the governing body of such an agency or entity shall be two years, but if a tenant appointee ceases to be a tenant of the agency or entity, he shall be disqualified and another tenant of the agency or entity shall be appointed to serve the remainder of the unexpired term. A tenant appointed to the governing body of such an agency or entity shall have all the rights, powers, duties, privileges, and immunities of any other member of such governing body. (Amended by Stats. 1975, Ch. 611.)
  110. 34250.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. )

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    A governing body may contract for necessary staff services, and if it does, it gains the rights, powers, duties, privileges, and immunities of an authority for that case.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 2. Creation of Housing Authorities [34240 - 34250] ( Article 2 added by Stats. 1951, Ch. 710. ) ## 34250. Notwithstanding any other provision of law, a governing body, at the time of the adoption of a resolution pursuant to Section 34240 or 34245 and pursuant to another resolution authorizing such an action, may contract with the Department of Housing and Community Development, or any other redevelopment agency or authority, for the furnishing by the department, redevelopment agency, or authority of any necessary staff services associated with or required by an authority and which could be performed by the staff of an authority. In such a case the governing body shall be vested with all of the rights, powers, duties, and privileges and immunities vested by this part in an authority. (Added by Stats. 1970, Ch. 1238.)
  111. 34270.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A city governing body must notify the mayor when it adopts a resolution declaring the need for an authority, and the mayor must appoint commissioners in the specified way.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34270. When the governing body of a city adopts a resolution declaring the need for an authority, it shall promptly notify the mayor of the adoption. Upon receiving the notice and if his office is one filled by election by the people, the mayor, subject to the confirmation of a majority of the members of the governing body, shall appoint five persons as commissioners of the authority. The mayor shall appoint two additional commissioners who are tenants of the authority if the authority has tenants, or within one year after the authority first does have tenants. One such tenant commissioner shall be over 62 years of age if the authority has tenants of such age. If the office of the mayor is not elective, the city governing body shall make the appointments. The amendments to this section enacted by the Legislature at the 1975–76 Regular Session shall not affect the office of any commissioner of a housing authority, which on January 1, 1976, has seven commissioners, but the successors to the two additional commissioners appointed pursuant to the changes in this section which were made by Chapter 120 of the Statutes of 1972 or Chapter 545 of the Statutes of 1974 shall be tenants of the authority and one shall be over 62 years of age if the authority has tenants of such age. (Amended by Stats. 1975, Ch. 611.)
  112. 34270.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    In a city and county housing authority, the mayor must appoint commissioners, including tenant commissioners, and later appointees must be city-and-county residents.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34270.1. The provisions of this section apply to an authority in a city and county. Notwithstanding any other provision of law to the contrary, including Section 34272, the mayor shall appoint five persons as commissioners of the authority in a city and county. The mayor shall appoint two additional commissioners who are tenants of the authority. One such tenant commissioner shall be over 62 years of age if the authority has tenants of such age. Appointments shall not be subject to confirmation by the governing body of the city and county. All commissioners appointed on and after January 1, 1977, shall be residents of the city and county, at the time of their appointment and during their term of office. A failure to maintain residence in the city and county shall cause the office to be vacant. Vacancies in office for whatever reason, including but not limited to, the expiration of a term, shall be filled by the mayor as provided for in this section. (Added by Stats. 1976, Ch. 1400.)
  113. 34271.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    If a county governing body adopts the required resolution, it must appoint five commissioners, plus two additional tenant commissioners when the authority has tenants or within one year after it first has tenants.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34271. When the governing body of a county adopts such a resolution it shall appoint five persons as commissioners of the authority. The governing body shall appoint two additional commissioners who are tenants of the authority if the authority has tenants, or within one year after the authority first does have tenants. One such tenant commissioner shall be over 62 years of age if the authority has tenants of such age. The amendments to this section enacted by the Legislature at the 1975–76 Regular Session shall not affect the office of any commissioner of a housing authority, which on January 1, 1976, has seven commissioners, but the successors to the two additional commissioners appointed pursuant to the changes in this section which were made by Chapter 120 of the Statutes of 1972 or Chapter 545 of the Statutes of 1974 shall be tenants of the authority and one shall be over 62 years of age if the authority has tenants of such age. (Amended by Stats. 1975, Ch. 611.)
  114. 34271.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A county of the 10th class may appoint two additional commissioners to a housing authority, but the appointments must meet the section’s composition and eligibility rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34271.5. (a) The governing body of a county of the 10th class may appoint two additional commissioners to increase the number of commissioners of an authority which is in existence and transacting business and exercising its powers on March 7, 1973. (b) One of the two additional commissioners shall be a project tenant and the other shall be a senior citizen over 62 years of age who may be a tenant. The two additional commissioners first appointed shall not be or have been commissioners of such authority. (c) The two additional commissioners shall serve for terms of four years from the date of their appointments. Their successors shall be appointed for a term of four years except that all vacancies shall be filled for the unexpired term. (d) Under this section, four commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. (e) All of the provisions of this part shall apply to an authority of a county of the 10th class, except those provisions which conflict with the provisions of this section. (Amended by Stats. 1974, Ch. 545.)
  115. 34272.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    This section sets terms and appointment rules for housing authority commissioners, including tenant commissioners and city or county appointment procedures.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34272. (a) In the case of a commission of five persons, three of the commissioners first appointed shall be designated by the appointing authority to serve for terms of one, two, and three years, respectively, from the date of their appointment, and two shall be designated to serve for terms of four years from the date of their appointments. If two tenant commissioners are added to increase the number of commissioners of an authority, such commissioners shall serve for terms of two years from the date of their appointments, and their successors shall be tenants. Successors of commissioners shall be appointed for a term of four years, except that successors of tenant commissioners shall be appointed for a term of two years and all vacancies shall be filled for the unexpired term. A tenant commissioner shall have all the powers, duties, privileges, and immunities of any other commissioner. If a tenant commissioner ceases to be a tenant of the authority, he shall be disqualified as commissioner and another tenant shall be appointed to fill the unexpired term. (b) Notwithstanding any other law, and subject to the conditions in this section, a commissioner may be an officer or employee of the county or city for which the authority is created, or he may be a member, commissioner, or employee of any other agency or authority of, or created for, the community. (c) An officer or employee of a city or county in which an authority is established may serve as a commissioner only if such officer or employee does not exercise powers or duties in his office or employment that may conflict with the exercise of the independent judgment required to carry out the purposes of an authority. (d) Any appointment of a successor to a commissioner of a city housing authority shall be made by the mayor if his office is one filled by election by the people, subject to the confirmation of a majority of the members of the governing body. If the office of mayor is not elective the governing body of the city shall make the appointment. All appointments of commissioners of a county housing authority shall be made by the governing body of the county. The amendments to this section enacted by the Legislature at the 1975–76 Regular Session shall not affect the office of any commissioner of a housing authority, which on January 1, 1976, has seven commissioners, but the successors to the two additional commissioners appointed pursuant to the changes in this section which were made by Section 2 of Chapter 367 of the Statutes of 1972 or Chapter 1112 of the Statutes of 1974 shall be tenants of the authority and one shall be over 62 years of age if the authority has tenants of such age. (Amended by Stats. 1975, Ch. 611.)
  116. 34273.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A certificate of a commissioner’s appointment or reappointment must be filed with the clerk, and that certificate counts as conclusive evidence that the commissioner was duly and properly appointed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34273. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner. (Added by Stats. 1951, Ch. 710.)
  117. 34274.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A commissioner may not be regularly employed by the appointing authority during the term of office, but may receive limited per diem pay and necessary travel and subsistence expenses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34274. A commissioner shall not be regularly employed by the authority to which he is appointed during his tenure of office, but may receive per diem payment for attendance at not more than four meetings per month of the authority, which shall not exceed fifty dollars ($50) per day, and shall receive necessary traveling and subsistence expenses incurred in the discharge of his duties. (Amended by Stats. 1979, Ch. 43.)
  118. 34275.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    Each authority’s power is vested in the commissioners who are in office from time to time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34275. The power of each authority is vested in the commissioners in office from time to time. (Added by Stats. 1951, Ch. 710.)
  119. 34276.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    The provision sets quorum rules for housing authority commissions and allows action by majority vote, unless the bylaws require more.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34276. In the case of a commission of five persons, three commissioners constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes while in the case of a commission of seven persons, four commissioners constitute a quorum for such purposes. Action may be taken by the authority upon a vote of a majority of the commissioners empowered to vote, unless in any case the bylaws of the authority require a larger number. (Amended by Stats. 1972, Ch. 120.)
  120. 34277.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    The mayor of the city or county governing body must designate the first chairman from among the commissioners, and the authority must choose that chairman’s successor from among its commissioners.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34277. The mayor of the city or the governing body of the county shall designate the first chairman from among the commissioners. The authority shall select his successor from among its commissioners. (Added by Stats. 1951, Ch. 710.)
  121. 34278.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A housing authority must choose a vice chairman from its commissioners and adopt public personnel rules. It may also hire staff and contract for staff services.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34278. (a) An authority shall select from among its commissioners a vice chairman. It also may employ a secretary, who shall be executive director, technical experts, and any other officers, agents, and employees that it requires, and shall determine their qualifications, duties, terms of employment, and compensation. The authority shall adopt personnel rules and regulations applying to all employees. Those rules shall contain procedures affecting conflicts of interest, use of funds, and personnel procedures on hiring and firing, including removal of personnel for inefficiency, neglect of duties, or misconduct in office. Those rules and regulations shall be of public record. (b) An authority may contract with the Department of Housing and Community Development, any city, any county, or any other authority, for the furnishing by the department, city, county, or authority of any necessary staff services associated with or required by an authority and which could be performed by the staff of an authority. (Amended by Stats. 2007, Ch. 596, Sec. 10.5. Effective January 1, 2008.)
  122. 34279.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    An authority may ask the city or county chief law officer for needed legal services, or hire its own counsel and legal staff.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34279. For the legal services it requires, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. (Added by Stats. 1951, Ch. 710.)
  123. 34280.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    An authority may delegate powers or duties to one or more of its agents or employees.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34280. An authority may delegate to one or more of its agents or employees the powers or duties it deems proper. (Added by Stats. 1951, Ch. 710.)
  124. 34281.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A commissioner or employee of an authority must not have an interest in housing projects or related contracts, and must disclose any covered property interest in writing immediately; tenant commissioners may serve if they disclose their tenancy.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34281. A commissioner or employee of an authority shall not acquire any direct or indirect interest in any housing project or in any property included or planned to be included in any project, nor shall he have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If he owns or controls a direct or indirect interest in any such property, he shall immediately make a written disclosure of it to the authority and the disclosure shall be entered upon its minutes. Failure so to disclose his interest constitutes misconduct in office. Nothing contained in this section or in any other provision of law shall be construed as precluding a tenant of an authority from serving as a commissioner of that authority, provided that the fact of such tenancy is disclosed to the authority in writing and entered upon its minutes immediately upon his assuming office; nor shall any provision in this code or elsewhere be construed as in any manner inhibiting the right of such tenant commissioner to exercise the full powers vested in his office. (Amended by Stats. 1971, Ch. 1054.)
  125. 34282.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A commissioner may be removed for inefficiency, neglect of duty, or misconduct in office, but only after receiving the charges at least 10 days before the hearing and having an opportunity to be heard.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34282. For inefficiency, neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the county in the case of a county authority, or by the mayor, if he has the power of appointment of commissioners, otherwise, by the governing body of the city in the case of a city authority. A commissioner shall be removed only after he has been given a copy of the charges at least 10 days prior to the hearing on them and has had an opportunity to be heard in person or by counsel. If a commissioner is removed, a record of the proceedings and the charges and findings on them shall be filed in the office of the clerk. (Added by Stats. 1951, Ch. 710.)
  126. 34283.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    The commissioners must set regular meeting time and place by resolution, special meetings need notice sent at least 48 hours before the meeting, and the authority must provide certain public-record information on request. Tenant leases and rosters are confidential against public inspection, but must be given to the governing body on request and are open to government agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34283. The commissioners shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the chairman or by two commissioners, and notice thereof shall be mailed to each commissioner at least 48 hours before the meeting. An authority shall supply to the governing body of its respective city or county, on request, such information relating to its activities as are public records. Leases and lists or rosters of tenants of the authority shall be confidential and shall not be open to inspection by the public, but shall be supplied to the respective governing body on request, pursuant to this section. Leases and lists or rosters of tenants shall be open for inspection by any government agency. (Amended by Stats. 1970, Ch. 1465.)
  127. 34284.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A city or county governing body may ask local residents and existing community organizations to form a community housing advisory committee, and committee members serve without compensation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34284. The governing body of any city or county may call upon the residents and existing community organizations within the area of jurisdiction of the governing body to form a community housing advisory committee comprising persons who, for at least six months, have been residents in or owned property in the area of the governing body’s jurisdiction, and which is considered representative by the governing body. The members of the community housing advisory committee shall serve without compensation. (Added by Stats. 1970, Ch. 1392.)
  128. 34285.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    A city or county governing body may ask housing project residents to form a representative project committee, and the authority must consult that committee, keep minutes and records, and make them public.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34285. (a) The governing body of a city or county may call upon the residents in a housing project to form a project committee comprised of persons who for at least six months have been residents in the project, and which is considered representative by the governing body. The members of the committee shall serve without compensation. (b) The authority, through its staff, shall upon the direction and approval of the governing body consult with and obtain the advice of the project committee concerning matters which affect the residents of the project. The provisions of this subdivision shall apply for a one-year period after the formation of the project committee, subject to one-year extensions by the governing body. (c) Minutes of all the meetings of the authority with the project committee, which meetings shall be open and public, together with a record of all the information presented to the project committee by the authority or by the project committee for the authority for the purpose of carrying out the provisions of this section, shall be maintained by the authority. Such minutes and records shall be open to public inspection and a summary of such records shall be included in a report to the governing body submitted by the authority. (Added by Stats. 1970, Ch. 897.)
  129. 34286.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. )

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    Any tenant may be appointed as a tenant commissioner of an authority if the person is a tenant in qualifying housing, and may also be appointed as a commissioner with the same rights, powers, duties, privileges, and immunities as other commissioners.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3. Officers and Employees [34270 - 34286] ( Article 3 added by Stats. 1951, Ch. 710. ) ## 34286. Any tenant shall be eligible for appointment as a tenant commissioner of any authority if such person is a tenant in any housing provided by or through such authority pursuant to the provisions of this part, the Temporary Housing Projects Law, Part 4 (commencing with Section 35450) of, or the Farm Labor Center Law, Part 7 (commencing with Section 36050) of, this division. Any tenant shall also be eligible for appointment as one of the commissioners not required to be a tenant commissioner, with all the rights, powers, duties, privileges, and immunities of any other commissioner. (Amended by Stats. 1976, Ch. 631.)
  130. 34290.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. )

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    A county or city governing body may take over as the authority’s commissioners, and if it does, it must appoint tenant commissioners in specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. ) ## 34290. (a) As an alternative to the appointment of commissioners of the authority, the governing body of any county or city, at the time of the adoption of a resolution pursuant to Section 34240 or at any time thereafter, may declare itself to be the commissioners of the authority, in which case, all the rights, powers, duties, privileges and immunities, vested by this chapter in the commissioners of an authority, except as otherwise provided in this article, shall be vested in the governing body. (b) If the governing body of any county or city has declared itself to be the commissioners of the authority, the governing body shall also appoint two tenants of the authority as commissioners if the authority has tenants, or within one year after the authority first does have tenants. One tenant commissioner shall be over 62 years of age if the authority has tenants over that age. Tenant commissioners appointed pursuant to this subdivision shall serve, and their successors shall be appointed, as provided in Section 34272. (c) As an alternative to appointment of tenants of the authority as commissioners of the authority pursuant to subdivision (b), if a housing commission is created as provided in Section 34291, the governing body may make tenant appointments pursuant to subdivision (b) to the commission rather than to the authority. In communities where the housing commission also serves as the community redevelopment commission under Section 33201, the governing body may make tenant appointments pursuant to subdivision (b) to that joint commission rather than to the authority. (d) A tenant commissioner shall have all the rights, powers, duties, privileges, and immunities of any other commissioner. (Amended by Stats. 1983, Ch. 478, Sec. 5. Effective July 28, 1983.)
  131. 34291.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. )

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    A qualifying county or city governing body may create a housing commission by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. ) ## 34291. A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, by ordinance, create a housing commission. The number of members thereof, their terms of office, their qualifications, and the method of their appointment and removal shall be as provided by ordinance. (Added by Stats. 1968, Ch. 106.)
  132. 34292.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. )

    Verify source ↗

    A housing commission, if created under Section 34291, must review and make recommendations on matters before the authority, except emergency matters and matters it excludes by resolution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. ) ## 34292. If a housing commission is created as provided in Section 34291, its function shall be to review and make recommendations on all matters to come before the authority prior to authority action, except emergency matters and matters which the commission, by resolution, excludes from its review. The governing body may provide for procedures for review and recommendation, and for further functions of the commission, by ordinance or resolution, and may delegate any of its functions as commission of the housing authority to the housing commission created pursuant to Section 34291. (Amended by Stats. 1976, Ch. 1343.)
  133. 34293.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. )

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    A county or city governing body that has taken over as commissioners may later decide by resolution to stop acting in that role, after which commissioners must be appointed and the housing commission, if any, stops functioning.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 3.5. Alternative Officers [34290 - 34293] ( Article 3.5 added by Stats. 1968, Ch. 106. ) ## 34293. A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, at any time by resolution, determine that it shall no longer function as the commissioners of the authority, in which event, the mayor, if elected, or the governing body, pursuant to Sections 34270 or 34271, shall appoint commissioners of the authority, and, upon such appointment, the housing commission, if any, shall no longer function. (Amended by Stats. 1975, Ch. 611.)
  134. 34310.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority is a public body and may use the powers needed or convenient to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34310. An authority constitutes a corporate and politic public body, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of this chapter. (Added by Stats. 1951, Ch. 710.)
  135. 34311.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may sue and be sued, use and change a seal, have perpetual succession, make and carry out contracts, and adopt, amend, or repeal by-laws and regulations consistent with the chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34311. An authority may: (a) Sue and be sued. (b) Have a seal and alter it. (c) Have perpetual succession. (d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (e) Make, amend, and repeal by-laws and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority. (Added by Stats. 1951, Ch. 710.)
  136. 34312.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may do a range of housing-related activities within its area of operation, but must get qualified mortgage lender certification for certain financing activities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312. Within its area of operation, an authority may undertake any of the following: (a) Prepare, carry out, acquire, lease, and operate housing projects for persons of low income, as authorized by this chapter, and housing developments for persons of low income, as authorized by Part 3 (commencing with Section 50900) of Division 31. (b) Provide for the construction, reconstruction, improvement, alteration, or repair of all or part of any housing project. (c) Provide leased housing to persons of low income. (d) (1) Provide financing for the acquisition, construction, rehabilitation, refinancing, or development of dwelling accommodations for persons of low income, and for other persons when acting pursuant to the authorization contained in Part 13 (commencing with Section 37910) of this division or Part 3 (commencing with Section 50900) of Division 31, subject only to the limitations on income of borrowers or residents prescribed by the statutory provisions under which the authority is acting. With respect to financing activities conducted pursuant to Part 3 (commencing with Section 50900) or Part 4 (commencing with Section 51600) of Division 31, the authority shall obtain certification as a qualified mortgage lender pursuant to Section 50094. (2) When issuing tax-exempt bonds for purposes of this section, the regulatory agreement entered into by the agency shall require that following the expiration or termination of the qualified project period, except in the event of foreclosure and redemption of the bonds, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, units required to be reserved for occupancy for low- or very low income households and financed or refinanced with proceeds of bonds issued pursuant to this section on or after January 1, 2006, or refinanced with the proceeds of bonds issued pursuant to Section 53583 of the Government Code or any charter city authority on or after January 1, 2007, shall remain available to any eligible household occupying a reserved unit at the date of expiration or termination, at a rent not greater than the amount set forth by the regulatory agreement prior to the date or expiration or termination, until the earliest of any of the following occur: (A) The household’s income exceeds 140 percent of the maximum eligible income specified in the regulatory agreement for reserved units. (B) The household voluntarily moves or is evicted for “good cause.” “Good cause” for the purposes of this section, means the nonpayment of rent or allegation of facts necessary to prove major, or repeated minor, violations of material provisions of the occupancy agreement which detrimentally affect the health and safety of other persons or the structure, the fiscal integrity of the development, or the purposes or special programs of the development. (C) Thirty years after the date of the commencement of the qualified project period. (D) The sponsor pays the relocation assistance and benefits to tenants as provided in subdivision (b) of Section 7264 of the Government Code. (3) As used in this subdivision, “qualified project period” shall have the meaning specified in, and shall be determined in accordance with the provisions of, subsection (d) of Section 142 of the Internal Revenue Code of 1986, as amended, and United States Treasury regulations and rulings promulgated pursuant thereto. (4) The amendment to this subdivision made during the 2005-06 Regular Session of the Legislature that is set forth in paragraph (2) is declaratory of existing law. (e) Provide counseling, referral, and advisory services to persons and families of low or moderate income in connection with the purchase, rental, occupancy, maintenance, or repair of housing. (f) Provide the security which the authority deems necessary for the protection of a project and its inhabitants. (g) Assist housing projects pursuant to Section 34312.3. (h) Acquire, plan, undertake, construct, improve, develop, maintain, and operate land on which mobilehomes or a mobilehome park are, or may be, located, so long as not less than 20 percent of the mobilehomes are designated for occupancy by, or are occupied by, persons of low income. For purposes of this subdivision, “mobilehome” has the meaning specified in Section 18008, and “mobilehome park” has the meaning specified in Section 18214. (Amended by Stats. 2006, Ch. 890, Sec. 14. Effective January 1, 2007.)
  137. 34312.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities may finance, acquire, lease, manage, and dispose of certain housing projects and property, but must meet income-occupancy requirements and tenant-selection rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312.3. (a) Subject to the requirements of this section and of Article 5 (commencing with Section 34350), an authority may do any of the following: (1) Issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing and for the provision of capital improvements in connection with and determined necessary to the multifamily rental housing. (2) Make or undertake commitments to make construction loans and mortgage loans to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing. (3) Purchase or undertake, directly or indirectly through lending institutions, commitments to purchase, construction loans, and mortgage loans originated in accordance with a financing agreement with the authority to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing or make loans to lending institutions under terms and conditions which, in addition to other provisions determined by the authority, shall require the lending institutions to use the net proceeds of the loans for the making, directly or indirectly, of construction loans or mortgage loans to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing. (b) An authority may develop, rehabilitate, or finance housing projects or participate in the development, rehabilitation, or financing of housing projects; or purchase, sell, lease, own, operate, or manage housing projects so assisted, subject to all of the requirements of this section. So long as the proceeds of any sale, lease, or other disposition of real property, net of the cost of sale, are to be used directly to assist a housing project pursuant to this section for persons of low income, and the funds in any trust fund established pursuant to subdivision (f) are used directly to assist housing units for persons of very low income, an authority may, after a public hearing, sell, lease, or otherwise dispose of the real property without complying with any provision of law concerning disposition of surplus property, including, but not limited to, Sections 34315.5 and 34315.7. An authority may convey surplus lands it acquires from another public agency to a nonprofit or private developer for development of single-family homes where the development will provide for home ownership for persons and families of low or moderate income, as defined in Section 50093. This conveyance shall be after a public hearing. With the exception of subdivisions (b), (c), and (d) of Section 34315.7, the conveyance need not comply with any law concerning the disposition of surplus properties, including, but not limited to, Section 34315.5 or subdivision (a) of Section 34315.7. The proceeds of any sale or other disposition of surplus land, net of the cost of sale, shall be used to assist a housing project pursuant to this section for persons of low income. (c) (1) (A) Not less than 20 percent of all units in housing projects assisted by an authority pursuant to this section shall be available for occupancy on a priority basis to persons of low income. In the case of housing projects located within a targeted area, as defined by Section 103(b)(12)(A) of Title 26 of the United States Code, not less than 15 percent of all units in those housing projects assisted pursuant to this section shall be for occupancy on a priority basis by persons of low income. (B) If the sponsor elects to establish a base rent for units reserved for lower income households, the base rents shall be adjusted for household size. In adjusting rents for household size, the sponsor shall either assume, pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor, that a family of one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit or shall utilize occupancy assumptions that it determines to be appropriate and commercially reasonable for financing extended pursuant to this chapter. (2) (A) Not less than one-half of the units required to be available for occupancy pursuant to paragraph (1) and financed with any bonds issued on or after January 1, 1986, shall be occupied by, or made available to, very low income households, as defined by Section 50105. (B) The rental payments for those units paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed the amount derived by multiplying 30 percent times 50 percent of the median adjusted gross income for the area, adjusted for family size, as determined pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor, for a family of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. (3) Any indebtedness incurred pursuant to a mortgage loan financed under the terms of this chapter shall be subject to acceleration and the balance owing declared immediately due and payable upon any sale of an owner-occupied residence to a purchaser who does not meet the required qualifications for borrowers as established by the authority. (4) The authority shall require the owners of housing projects assisted pursuant to this section to accept as tenants, on the same basis as all other prospective tenants, in the units reserved for very low income households, any very low income households who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor. The authority shall not permit a selection criteria to be applied to Section 8 certificate holders that is any more burdensome than the criteria applied to all other prospective tenants. (5) No resident in housing units assisted pursuant to this section shall be denied continued occupancy or ownership because, after admission, the resident’s family income increases to exceed the eligibility level. However, the authority shall ensure that percentage requirements of this section shall continue to be met by providing the next available unit or units to persons of low income or by taking other actions to satisfy the percentage requirements of this section. (6) In determining whether the percentage requirements of subdivision (c) have been achieved, the following terms and conditions shall be applied: (A) The requirement that 20 percent or 15 percent, as the case may be, of the housing units assisted by an authority pursuant to this section shall be available on a priority basis to, or occupied by, households whose adjusted gross income does not exceed the applicable limits prescribed by subdivision (c) shall apply to the aggregate number of units assisted by an authority pursuant to this section. (B) This section applies only to housing units first assisted after January 1, 1983, and the percentage requirements of subdivision (c) shall be complied with by January 1, 1986, and on January 1 of each even-numbered year thereafter. (C) The percentage requirements of subdivision (c) shall be achieved within each of the following categories: (1) rental housing developments; (2) homeownership developments; and (3) rehabilitation financing. Housing units provided by rehabilitation financing shall not be counted within either of the first two categories. (d) Units required to be reserved for occupancy by subdivision (c) and financed with the proceeds of bonds issued on or after January 1, 1986, shall remain occupied by, or made available to, those persons until the bonds are retired. (e) Multifamily rental housing financed pursuant to this section shall not be subject to the requirements of subparagraph (B) of paragraph (1) and paragraph (2) of subdivision (c), and the requirements of subdivision (d), if all of the following requirements are fulfilled: (1) The housing authority offers each tenant a homeownership opportunity when the bonds are retired. (2) A special trust fund or account which is funded with bond issuance proceeds or developer contributions, or both, is established no later than the time that the multifamily rental housing is first occupied. The initial funding of the account shall be no less than 5 percent of the face value of the bonds issued for the multifamily rental housing project. Upon repayment of the bonds, these funds, and all interest accruing thereon, less any amounts necessary to pay outstanding claims, shall be used to assist housing units for persons of very low income. (3) The requirements of subparagraph (A) of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (c) shall remain in effect for the periods required by Section 103(b)(12)(B) of Title 26 of the United States Code. (f) It is the intent of the Legislature, and the Legislature declares, that housing authorities are the local entities with primary responsibility for providing housing for low-income and very low income households within their jurisdictions. However, recognizing that housing projects only for low-income households cannot be adequately assisted or developed with currently available funds, and that excess funds from housing projects assisted pursuant to this section can be utilized to further assist in the provision of housing for lower income households, it is the intent of the Legislature that the authorization of this section is to be used to enhance and supplement the traditional housing authority role of providing housing only for low-income households. (Amended by Stats. 2017, Ch. 418, Sec. 6. (AB 1714) Effective January 1, 2018.)
  138. 34312.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities financing housing under this section get listed powers and must adopt qualification rules, reserve at least 60% of bond financing for first-occupant homes or substantial rehabilitation, and require a two-year occupancy certification with hardship exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312.4. (a) Subject to the requirements of Article 5 (commencing with Section 34350), for purposes of implementing a home financing program an authority has the following powers and duties: (1) To acquire, contract, and enter into advance commitments to acquire, home mortgages made or owned by lending institutions at the purchase prices and upon the other terms and conditions as shall be determined by the authority or other person as it may designate as its agent, to make and execute contracts with lending institutions for the origination and servicing of home mortgages and to pay the reasonable value of services rendered under those contracts. Prior to executing any contract with a lending institution, an authority shall adopt regulations establishing criteria for qualification of lending institutions eligible to originate and service home mortgages under home financing programs authorized by this section and shall, with respect to each home financing program, permit each qualified lending institution which transacts business in the area of operation of the authority the opportunity to participate in the program on an equitable basis with other participating lending institutions. (2) To make loans to lending institutions under terms and conditions which, in addition to other provisions as determined by the authority, shall require the lending institutions to use all of the net proceeds thereof, directly or indirectly, for the making of home mortgages in an aggregate principal amount equal to the amount of the net proceeds. (3) To establish, by rules or regulations, in resolutions relating to any issuance of bonds or in any documents relating to the issuance, standards, and requirements applicable to the purchase of home mortgages or the making of loans to lending institutions the authority deems necessary or desirable to effectuate the purposes of this section, which may include without limitation any of the following: (A) The time within which lending institutions are required to make commitments and disbursements for home mortgages. (B) The location and other characteristics of homes to be financed by home mortgages. (C) The terms and conditions of home mortgages to be acquired. (D) The amounts and types of any insurance coverage required on homes, home mortgages, and bonds. (E) The representations and warranties of lending institutions confirming compliance with the standards and requirements. (F) Restrictions as to interest rate and other terms of home mortgages or the return realized therefrom by lending institutions. (G) The type and amount of collateral security to be provided to assure repayment of any loans from the authority and to ensure repayment of bonds. (H) Any other matters related to the purchase of home mortgages or the making of loans to lending institutions deemed relevant by the authority. (4) To require from each lending institution from which home mortgages are purchased or to which loans are made the submission of evidence satisfactory to the authority of the ability and intention of the lending institution to make home mortgages, and the submission, within the time specified by the authority for making disbursements for home mortgages, of evidence satisfactory to the authority of the making of home mortgages and of compliance with any standards and requirements established by the authority. (b) Each authority which finances housing pursuant to this section shall designate a person or entity to administer the program. (c) Each authority which finances housing pursuant to this section shall adopt regulations establishing criteria for the qualification of persons and families, which may differ among different areas of operation of authorities to reflect varying economic and housing conditions. In developing this criteria, factors similar to the following shall be taken into consideration: (1) The amount of the income of the person or family that is available for housing needs. (2) The size of the household. (3) The costs and condition of available housing. (4) The eligibility of the persons or families for federal housing assistance of any type. (d) Criteria for qualification of persons and families pursuant to this section shall include a maximum household income, which maximum shall not exceed the following: (1) One hundred twenty percent of the median household income for mortgages made for improving a home or for homes where the purchaser will be the first occupant. Upon the resale of a home for which financing was originally provided under this paragraph, the maximum income of persons and families shall also be 120 percent of the median household income. (2) The median household income where the purchaser will not be the first occupant. However, the authority shall ensure that no less than one-half of the funds allocated for home mortgages where the purchaser will not be the first occupant shall be for households whose income does not exceed 80 percent of that median household income. However, the authority may, by resolution, increase this income limitation to 90 percent of median household income if the authority finds that there are insufficient numbers of creditworthy persons whose income does not exceed 80 percent of median household income. The resolution is final and conclusive as to the findings required by this paragraph. (3) One hundred fifty percent of the median household income for mortgages made for improving a home or for homes where the purchaser will be the first occupant in any city, the entire area of which, or in any county in which a portion of the county, is designated by the United States Department of Commerce, Economic Development Administration as a special impact area within a Title IV redevelopment area, pursuant to Section 401 of the federal Public Works and Economic Development Act of 1965, as amended, and which is eligible for Urban Development Action Grant funds under the current distress standards established for cities and counties by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 119 of the Housing and Community Development Act of 1974, if the homes purchased or improved are situated within the boundaries of a special impact area as defined by the Economic Development Administration, and that designation is in effect on the date of sale of revenue bonds issued under this section. As used in this subdivision, “median household income” means the highest of (A) statewide median household income, (B) countywide median household income, or (C) median family income for area as determined by the United States Department of Housing and Urban Development, with respect to either a standard metropolitan statistical area or an area outside of a standard metropolitan statistical area. (e) Each authority which finances housing pursuant to this section shall allocate no less than 60 percent of the dollar amount of its financing from bond proceeds to fund loans for the purchase of homes where the purchaser will be the first occupant, or for substantial rehabilitation. As used in this section, “substantial rehabilitation” means rehabilitation in which the costs of rehabilitation equal or exceed 20 percent of the value of the structure after rehabilitation. (f) Each authority which finances housing pursuant to this section shall require each mortgagor under the program to certify his or her intention to occupy the home for a minimum of two years after receiving a home mortgage, with appropriate exceptions in hardship cases, as determined by the authority. (g) Notwithstanding Section 711 of the Civil Code, any indebtedness incurred pursuant to a mortgage financed under the terms of this section shall be subject to acceleration and the balance owing declared immediately due and payable upon the sale of the home to a purchaser who does not meet the required qualifications for borrowers of subdivision (c) or any more stringent qualifications as the authority may require. (h) Each authority may do any and all things necessary to carry out the purposes and exercise the powers expressly granted by this part. (Added by Stats. 1985, Ch. 306, Sec. 1.)
  139. 34312.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may provide leased housing to low-income persons in its county, but some out-of-area or overlapping service commitments need advance local approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312.5. (a) An authority may provide leased housing to persons of low income throughout the county in which it operates, except: (1) No commitment to provide leased housing outside the area of operation may be made in advance of construction without approval of the local governing body of the city or, if an unincorporated area, the county with jurisdiction of the site of construction; and (2) Leased housing may not be provided within the area of operation of another authority if the local governing body of the other authority disapproves in advance. (b) An authority may contract with the redevelopment agency of any city within the county to exercise its powers in the city pursuant to a contract with the redevelopment agency funded from the redevelopment agency’s Low and Moderate Income Housing Fund for the purpose of increasing or improving the city’s supply of low- and moderate-income housing. (Amended by Stats. 1988, Ch. 1565, Sec. 5.)
  140. 34312.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Multifamily rental housing that receives financial assistance under Section 34312.3 must follow the same notice requirements as Government Code Section 65863.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312.6. The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to multifamily rental housing that receives financial assistance pursuant to Section 34312.3. (Added by Stats. 1988, Ch. 1563, Sec. 3.)
  141. 34312.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    When refunding certain multifamily housing revenue bonds, the authority must keep required low- and very low income units occupied or available to those households for the required period, unless a stated default-related exception applies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34312.7. (a) (1) When refunding revenue bonds for multifamily housing which were previously issued pursuant to Section 34312.3, the authority shall ensure that rental units required, by this chapter or by applicable federal law at the time the original bonds were issued, to be reserved for occupancy for low- and very low income households shall remain occupied by, or made available to, those persons at least until the later of the following: (A) The date originally so required. (B) As long as any bonds remain outstanding with respect to the development. (2) For bonds previously issued to finance a development where all of the units, other than management units, are, at the time of the refunding, subsidized by a housing assistance payments contract for new construction and substantial rehabilitation pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), subparagraph (B) of paragraph (1) shall mean a period of time until the termination of the contract. (b) The authority may determine that the period set forth in paragraph (1) of subdivision (a) shall not apply to the refunding of previously issued revenue bonds for which there is a mandatory redemption or acceleration as a result of default under the terms of the existing loan agreement or other security documents. (Added by Stats. 1992, Ch. 735, Sec. 2. Effective January 1, 1993.)
  142. 34313.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may not develop, construct, or own a low-rent housing or slum-clearance project after September 15, 1945, unless the stated exception applies and the project has school-district consultation and county or city resolution approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34313. Except where there existed on September 15, 1945, contracts for financial assistance between a housing authority and the Federal Government, no low-rent housing or slum-clearance project shall be developed, constructed, or owned by an authority after September 15, 1945, except after consultation with the school district in which the project is located, and until the governing body of the county or city in which it is proposed to develop, construct, or own the project, proves it by resolution. (Added by Stats. 1951, Ch. 710.)
  143. 34314.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may contract for services or facilities related to a housing project, and it may require contractors and subcontractors to follow wage, hour, and federal-aid conditions in project contracts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34314. An authority may arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project, or a project assisted pursuant to Section 34312.3, or the occupants thereof. Notwithstanding anything to the contrary contained in this chapter or in any other law, an authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor and any conditions which the federal government has attached to its financial aid of the project. (Amended by Stats. 1983, Ch. 1013, Sec. 2. Effective September 22, 1983.)
  144. 34315.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities may manage, acquire, insure, finance, and dispose of property, and in some financing activities must obtain qualified mortgage lender certification.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34315. An authority may: (a) Lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project, or a project assisted pursuant to Section 34312.3, and establish and revise the rents or charges for them. (b) Own, hold, and improve real or personal property. (c) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in property. (d) Acquire any real property by eminent domain. (e) Sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it. (f) Insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards. (g) Lend upon the security of a mortgage or deed of trust, directly or by purchase from one or more qualified mortgage lenders, in connection with the sale of real property to persons of low income and to other persons pursuant to Section 34312.3, moneys for the financing of construction or rehabilitation pursuant to this part, or the implementation of government housing and rehabilitation financing programs for persons of low income and for other persons when acting pursuant to authorization contained in Section 34312.3, Part 13 (commencing with Section 37910) of this division, or Part 3 (commencing with Section 50900) of Division 31, subject only to the limitations on income of borrowers or residents prescribed by the statutory provisions under which the authority is acting. With respect to financing activities conducted pursuant to Part 3 (commencing with Section 50900) or Part 4 (commencing with Section 51600) of Division 31, the authority shall obtain certification as a qualified mortgage lender pursuant to Section 50094. (h) Procure insurance or guarantees from the federal government or the California Housing Finance Agency or from any person licensed to insure mortgages in this state of the payment of all or part of any debts, whether or not incurred by the authority, secured by mortgages or deeds of trust on any property included in any of its housing projects or otherwise financed pursuant to this chapter or secured by mortgages or deeds of trust pursuant to Part 13 (commencing with Section 37910) of this division or Part 3 (commencing with Section 50900) of Division 31. (Amended by Stats. 1983, Ch. 1309, Sec. 6.)
  145. 34315.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority may accept financial or other assistance from public or private sources and use the funds for this chapter and other activities allowed by state law, including leased housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34315.3. An authority may accept financial or other assistance from any public or private source, and expend any funds so received for the purposes of this chapter and the activities permitted to authorities by state law, including leased housing. (Amended by Stats. 1975, Ch. 1135.)
  146. 34315.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority may transfer unused real property to a fire protection district for fire protection purposes without consideration if its board finds the transfer necessary or desirable to carry out the authority’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34315.5. An authority may transfer real property not needed by the authority to a fire protection district for fire protection purposes without consideration if the board determines that such transfer is necessary or desirable to effectuate the purposes of the authority. (Added by Stats. 1959, Ch. 522.)
  147. 34315.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority must dispose of surplus real property in the order and ways listed, and the state housing department must adopt implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34315.7. Real property owned by an authority which the authority determines is not required for its foreseeable needs and which is not transferred pursuant to Section 34315.5, shall be disposed of for the following purposes, in descending order of priority: (a) For the purposes, and in accordance with the provisions, of Article 10 (commencing with Section 50568) of Chapter 2 of Part 1 of Division 1 of Title 5 of the Government Code. (b) To public, nonprofit, or private developers for development of housing for persons and families of low and moderate income, as defined by Section 50093. Such transfers may not be made at a cost below the housing authority’s acquisition cost but may be made at a cost below market value if (1) not less than 30 percent of the housing units to be developed will be enforceably restricted for occupancy by persons and families of low and moderate income, with at least 50 percent of the housing units restricted to persons and families of low income, and (2) a transfer at below market value is necessary to assure that the housing units restricted for occupancy by persons and families of low or moderate income will be provided at affordable housing cost, as defined by Section 50052.5. (c) To private developers, generally, at market value for development of housing. (d) For any purpose, where the sale is at public auction to the highest bidder. The Department of Housing and Community Development shall adopt regulations governing disposal of surplus real property of housing authorities pursuant to subdivisions (b) and (c). The regulations shall include requirements for providing public notice of a housing authority’s intent to dispose of real property in accordance with this section and shall also specify other reasonable requirements to implement the priorities established by this section. The deed or other instrument of conveyance shall recite that the authority has determined the property is not required for its foreseeable needs and it is being disposed of pursuant to this section and, if the property is disposed of pursuant to subdivision (b) or (c), in accordance with regulations adopted by the Department of Housing and Community Development. Such recital shall be conclusive in favor of purchasers and encumbrancers for value. Failure to comply with the provisions of this section shall not invalidate any right, title or interest acquired by a purchaser or encumbrancer for value. (Added by Stats. 1980, Ch. 581.)
  148. 34316.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority may invest reserve or sinking-fund money, or other money not needed right away, in permitted property or securities, and may buy its bonds if the price is no more than principal plus accrued interest.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34316. An authority may: (a) Invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which commercial banks may legally invest money subject to their control. (b) Purchase its bonds at a price not more than their principal amount and accrued interest; all bonds so purchased shall be canceled. (Amended by Stats. 1975, Ch. 1135.)
  149. 34316.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Government Code Article 2 applies to how a housing authority deposits its funds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34316.1. The provisions of Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code shall apply to the deposit of funds of an authority. Where the term “treasurer” is used in such article, it shall mean “housing authority” or the official designated by it to act hereunder, and where the term “local agency” is used in such article, it shall mean “housing authority.” (Amended by Stats. 1975, Ch. 1135.)
  150. 34316.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority may place its money with the county treasurer, who must deposit and disburse it under county auditor warrants, and the county may seek reimbursement for related expenses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34316.2. An authority may deposit the money of the authority with the county treasurer. The county treasurer shall deposit those funds in the county treasury and disburse them upon warrants of the county auditor issued at the request of the authority. The county may require the authority to reimburse the county for any expenses incurred by the county in performing any of the services required to be performed by the county by this section. (Added by Stats. 1986, Ch. 593, Sec. 1.)
  151. 34316.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    The authority may invest certain bond proceeds and related revenues in authorized securities or obligations when the money is not immediately needed for the housing program.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34316.5. The proceeds of bonds issued pursuant to this part to finance housing as provided in subdivision (d) of Section 34312, Section 34312.3, and subdivision (g) of Section 34315 and revenues accruing to the authority on account of such a program may be invested in any securities or obligations authorized by the resolution providing for issuance of the bonds or authorized by its trust indenture, when the bond proceeds or revenues are not immediately required to provide financing under the program. Such investments may include mortgage obligations on single-family dwellings purchased from a state or federally chartered bank or savings and loan association pursuant to a repurchase agreement under which the bank or savings and loan association will repurchase the mortgage obligation on or before a specified date and for a specified amount, provided that the mortgage or the repurchase agreement shall be insured by a mortgage insurance company licensed to insure mortgages in the State of California and qualified to provide insurance on mortgages purchased by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. The authority provided in this section is additional and alternative to any other authorization for investment contained in this part or other provisions of law. (Amended by Stats. 1983, Ch. 1309, Sec. 7.)
  152. 34317.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may, within its area of operation, investigate housing conditions, identify slum areas or housing shortages, make studies and recommendations, cooperate with governments on related problems, and do research and experimentation on housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34317. Within its area of operation, an authority may: (a) Investigate into living, dwelling, and housing conditions and into the means and methods of improving such conditions. (b) Determine where slum areas exist or where there is a shortage of decent, safe, and sanitary dwelling accommodations for persons of low income. (c) Make studies and recommendations relating to the problem of clearing, replanning, and reconstructing of slum areas, and the problem of providing dwelling accommodations for persons of low income, and cooperate with the city, the county, the State or any of its political subdivisions in action taken in connection with such problems. (d) Engage in research, studies, and experimentation on the subject of housing. (Added by Stats. 1951, Ch. 710.)
  153. 34318.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may investigate matters, administer oaths, issue subpoenas and examination commissions, and share findings and recommendations with appropriate agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34318. Acting through one or more commissioners or other person or persons designated by it, an authority may: (a) Conduct investigations, hear testimony, and take proof under oath at public or private hearings on any matter material for its information. (b) Administer oaths, issue subpenas requiring the attendance of witnesses or the production of books and papers, and issue commissions for the examination of witnesses who are outside of the State, unable to attend before the authority, or excused from attendance. (c) Make available to appropriate agencies, including those charged with the duty of abating nuisances or like conditions or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare. (Added by Stats. 1951, Ch. 710.)
  154. 34319.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may exercise any or all of the powers granted in Sections 34311 to 34318.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34319. An authority may exercise all or any part or combination of powers granted in Sections 34311 to 34318, inclusive. (Added by Stats. 1951, Ch. 710.)
  155. 34320.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A law about property actions by other public bodies does not apply to an authority unless the Legislature specifically says it does.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34320. No law concerning the acquisition, operation, or disposition of property by other public bodies is applicable to an authority unless the Legislature specifically so states. (Added by Stats. 1951, Ch. 710.)
  156. 34320.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority must provide relocation assistance and make the payments required by the referenced Government Code chapter, including federally financed payments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34320.5. An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code, including the making of such payments financed by the federal government. This section shall not be construed to limit any other authority which an authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. (Added by Stats. 1971, Ch. 1574.)
  157. 34321.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities must run projects efficiently, keep rents as low as possible while still providing decent, safe, sanitary housing, and may not operate projects for profit.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34321. It is declared to be the policy of the State that each authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city or the county. To this end an authority shall fix the rentals for dwellings in its projects at no higher rates than it finds necessary to produce revenue which, together with all other available money, income, and receipts of the authority, will be sufficient for all of the following: (a) To pay, when due, the principal and interest on its bonds. (b) To meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority. (c) During not less than the six years immediately succeeding its issuance of any bonds, to create a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain the reserve. However, this subdivision shall not be construed to prevent an authority from utilizing any financial aid from the federal government to the maximum extent available. This section shall not apply to any person, individual, firm, partnership, company, association, joint stock association or corporation other than a public entity having an interest in any housing project owned in part or constructed or operated by one or more authorities. (Amended by Stats. 1980, Ch. 723.)
  158. 34322.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority operating housing projects must rent only to low-income persons, set room counts and income limits to ensure safe, sanitary, and non-overcrowded housing, and prohibit tenant subletting, subject to Section 34312.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34322. Except as provided by Section 34312.3, in the operation or management of housing projects, an authority shall: (a) Rent or lease the dwelling accommodations only to persons of low income and only at rentals within their financial reach. (b) Rent or lease to a tenant dwelling accommodations consisting of the number of rooms which it deems necessary to provide safe and sanitary accommodations to the occupants, without overcrowding. (c) Fix income limits for occupancy and rents after taking into consideration (1) the family size, composition, age, physical handicaps, and other factors which might affect the rent-paying ability of the person, and (2) the economic factors which affect the financial stability and solvency of the project. (d) Prohibit subletting by tenants. (Amended by Stats. 1983, Ch. 1309, Sec. 8.)
  159. 34322.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities must adopt an applicant-selection plan that ensures equal opportunity and nondiscrimination, sets eligibility and notification procedures, and manages a waiting list.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34322.2. Each authority shall adopt and promulgate regulations establishing a plan for selection of applicants to assure equal opportunity and nondiscrimination on grounds of race, color, or national origin. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies in order of application, subject to the following: (a) Preference categories shall be established to give priority to persons displaced by public or private action. (b) Priority shall be given within each preference category to families of veterans and servicemen. (c) The authority may establish occupancy standards, offering available units only to families of appropriate size. (d) The authority may further limit the offering of available units to families of appropriate qualifications in order to comply with state or federal law or regulations, or contractual agreements with governmental agencies pursuant to such law or regulations. (e) An applicant may reject, or refuse to promptly occupy, suitable units at two different locations and still be entitled to the next available suitable unit. Nothing in this section shall prevent an authority from suspending processing of applications of persons of low income unlikely to be offered units within two years, or requiring annual renewal of applications, or honoring its obligations to persons of low income determined to be qualified prior to January 1, 1976. (Amended by Stats. 1975, Ch. 1135.)
  160. 34322.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may not require project occupants to be U.S. citizens, but it may prefer U.S. citizens when there are not enough housing units for all applicants.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34322.5. No authority shall require occupants of any project to be citizens of the United States, provided, however, that in the event there are insufficient housing units to accommodate the number of applicants for such units, the authority may give preference to citizens of the United States. (Added by Stats. 1965, Ch. 1583.)
  161. 34323.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority may let an obligee take possession of a housing project, get a receiver appointed, or obtain title through foreclosure if the authority defaults.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34323. Nothing contained in Sections 34321 and 34322 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project, cause the appointment of a receiver for it, or acquire title to it through foreclosure proceedings, free from all the restrictions imposed by such sections. (Added by Stats. 1951, Ch. 710.)
  162. 34324.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Two or more authorities may work together and share powers for housing-related financing, projects, and contracts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34324. Any two or more authorities may join or co-operate with one another in the exercise either jointly or otherwise, of any or all of their powers for the purpose of financing, including, but not limited to, the issuance of bonds, notes, or other obligations and giving security therefor, or planning, undertaking, owning, constructing, rehabilitating, or operating, or entering into any contract with respect to, any housing project or projects or other dwelling accommodations located within the area of operation of any one or more of such authorities. For any such purpose, one authority may provide by resolution that another authority with which it has joined or is co-operating in the exercise of powers is authorized to act on its behalf with respect to any or all of the powers, as its agent or otherwise, in its name, the name of such other authority, or in the names of the authorities which have joined or are co-operating. (Amended by Stats. 1980, Ch. 723.)
  163. 34325.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may take real property by eminent domain if it considers the property necessary for its chapter purposes, but it cannot take property owned by a city, county, the state, or a political subdivision without consent.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34325. An authority may acquire by eminent domain any real property which it deems necessary for its purposes under this chapter. Real property belonging to the city, the county, the state, or any of its political subdivisions shall not be acquired without its consent. (Amended by Stats. 1975, Ch. 1240.)
  164. 34326.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing projects must comply with local planning, zoning, sanitary, and building rules, and the authority must consider broader area development plans when planning and locating a project.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34326. All housing projects are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which it functions. (Added by Stats. 1951, Ch. 710.)
  165. 34327.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may borrow money, accept grants or other financial assistance, take over or manage certain federal housing projects, and enter related financing agreements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34327. An authority may: (a) Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation. (b) Take over, lease, or manage any housing project or undertaking constructed or owned by the federal government. (c) Borrow money or accept grants or other financial assistance from the state or any of its political subdivisions to assist in providing housing and housing services within its area of operation. (d) For these purposes, comply with such conditions and enter into any mortgages, trust indentures, leases, or agreements necessary, convenient, or desirable. It is the purpose and intent of this chapter to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by an authority and to secure the financial aid and cooperation of the state in providing housing and housing services within its area of operation. (Amended by Stats. 1975, Ch. 1135.)
  166. 34327.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    County public housing agencies may apply for, process, and distribute housing certificates when federal funds are available, for families deemed eligible under the referenced Welfare and Institutions Code provision.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34327.3. County public housing agencies may apply for, process, and distribute, to the extent that federal funds are available, housing certificates issued pursuant to Section 8 of the United States Housing Act of 1937 (Sec. 1437 et seq., Title 42, U.S.C.) to families deemed eligible pursuant to Section 16517 of the Welfare and Institutions Code. (Added by Stats. 1992, Ch. 292, Sec. 1. Effective July 23, 1992.)
  167. 34327.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A federal agency exclusively decides whether certain federally sourced housing authority funds were spent according to the law, contract, or applicable federal regulations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34327.5. Whether or not the type, amount, and manner of expenditure of any funds received by an authority from the Federal Government, or any funds derived from such funds, are in accordance with the law or contract under which the funds were received, or any applicable federal regulations, shall be matters to be determined exclusively by the federal agency. This section is not intended, and shall not be construed, to prohibit prosecution and conviction of violation of any law of this State. (Added by Stats. 1959, Ch. 1812.)
  168. 34327.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities must have certain funds audited yearly and file the audit materials and annual budget with the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34327.6. All funds of housing authorities not subject to audit by a federal agency shall be audited at least once each year at the expense of the housing authority by a certified public accountant or a public accountant holding a valid permit issued by the California Board of Accountancy. Audits made by a certified public accountant, or a public accountant, together with a final balance sheet and operations statement for the year for all authority funds, shall be filed for record purposes with the Department of Housing and Community Development. The authority shall prepare and file with the Department of Housing and Community Development a budget for the year for which the audit is taken with each audit prepared or submitted pursuant to this section. (Amended by Stats. 2000, Ch. 1055, Sec. 44. Effective September 30, 2000.)
  169. 34328.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    An authority must file an annual activities report with the city or county clerk and the Department of Housing and Community Development, and the report must be detailed enough to show compliance with Section 34312.3 for covered activities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34328. At least once a year, an authority shall file with the clerk of the respective city or county and with the Department of Housing and Community Development a report of its activities for the preceding year. This report shall contain information adequate for the city, county, or department to determine that the requirements of Section 34312.3 have been met for any activity undertaken pursuant to that section. An authority shall make either directly or through any national, regional, or state housing association or organization of which it may be a member, recommendations with reference to additional legislation or other action which it deems necessary to carry out the purposes of this chapter, to the respective legislative bodies having jurisdiction thereof. (Amended by Stats. 1982, Ch. 1138, Sec. 7.)
  170. 34328.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Housing authorities must file an annual report with the Department of Housing and Community Development and provide requested funds to cover processing costs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34328.1. (a) Every housing authority shall file on the first day of October of each year with the Department of Housing and Community Development a complete report of its activities during the previous fiscal year, with recommendations for needed legislation to carry on properly a program of housing and community development in this state. (b) The authority shall provide the Department of Housing and Community Development funds as requested by the department to reimburse the department for the cost of processing the report required by this section. (c) (1) The report shall include data on terminations of tenancies of victims of domestic violence in housing authority units, and terminations of Section 8 vouchers of victims of domestic violence. The data shall be included in all cases where a notice of termination was given, regardless of whether the termination was based in whole or in part on activity related to the domestic violence, and whether the notice resulted in the victim vacating the premises or actual termination of the voucher. (2) For each termination, the report shall briefly specify steps taken, if any, by the authority to address the situation or assist the victim prior to the termination, and, if known, the subsequent housing obtained by the victim. If no steps were taken, the authority may include an explanation of why none were deemed necessary. (3) The report shall include data on terminations of all victims of domestic violence, as reported or known to the authority, its employees, or agents, whether or not an arrest was made or any report was filed. (4) The report may include any other information regarding domestic violence victim terminations deemed relevant by the authority. (5) The report required on October 1, 2004, shall include data on all cases where a notice of termination was given to the victim from January 1, 2004, to the end of the fiscal year reportable on October 1, 2004. (6) For purposes of this section, “domestic violence” has the meaning set forth in Section 6211 of the Family Code. (Amended by Stats. 2003, Ch. 787, Sec. 5. Effective January 1, 2004.)
  171. 34328.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    Certain city and county housing authority officials must not have a direct or indirect interest in housing projects or related contracts, with a narrow exception for some corporate contracts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34328.2. The mayor or any member of the governing body of the city in the case of a city authority or any member of the governing body of the county in the case of a county authority shall not have any direct or indirect interest in any housing project or in any property included or planned to be included in any project, nor shall such persons have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with the construction, repair, or maintenance of any housing project. Nothing contained in this section shall prevent the authority from accepting the lowest bid on a bid contract. This section has no application to contracts awarded to corporations in which any such person owns less than 1 percent of the entire capital stock. (Added by Stats. 1953, Ch. 1815.)
  172. 34330.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority may help relocate low-income people, maintain tenant placement services, and admit eligible displaced persons to project dwellings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34330. An authority shall have the power to: (a) Assist in relocating in suitable housing accommodations at rentals within their means persons of low income who have been or will be deprived of dwellings within areas or buildings which have been or will be cleared or demolished. In connection with any project, an authority shall maintain or provide for the maintenance of tenant placement service in which there shall be recorded lists of untenanted, suitable dwellings available to persons of low income and shall furnish such information to such persons. An authority shall from time to time make studies and surveys of dwelling units which may become unoccupied and available to persons of low income and shall also make arrangements with owners and lessors of such dwellings for registration thereof with the tenant placement service. In connection with any project, an authority may pay so much of the necessary cost of removal of persons of low income, and of business or commercial tenants, from the area or buildings to be cleared for the development of the project to suitable locations in such cases and in such amounts as may be approved by the authority. Removal costs so paid by an authority shall be included in the project cost. (b) Exercise the powers set forth in subdivision (a), in connection with the relocation of persons of low income who are displaced by any public or private improvement within its area of operation. The financing of such relocation activities by an authority shall be arranged by contract with the public or private agency undertaking the improvement which makes such relocation necessary. (c) Admit to a dwelling in any project of the authority any person or persons residing in an area or building to be cleared or demolished as described in subdivision (a) or (b), if the probable aggregate annual income of such person or persons does not exceed the income limit for continued occupancy established by the authority for the dwelling to which such person or persons is admitted. (Added by Stats. 1961, Ch. 1044.)
  173. 34331.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority managing housing projects must not evict tenants without reasonable cause, retaliate, force waiver of tenant rights, disclaim negligence-based liability, renew or end leases for protected complaints, treat tenants more harshly for property damage than private tenants, or start certain eviction actions before a grievance decision when a hearing was requested.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34331. In the operation or management of housing projects an authority shall not do any of the following: (a) Evict any tenant without reasonable cause and unless the tenant has been given a written statement of such cause. (b) Directly or indirectly subject any tenant to any punitive action of any kind because of his membership or activity in any tenant organization. (c) Require that a tenant, in a lease or rental agreement, waive his rights under Section 1942 of the Civil Code, or any other rights as a tenant he might have under California or federal law. (d) Disclaim liability for injury as a result of its negligence or failure to repair, in any rental agreement or lease. (e) Terminate or refuse to renew a lease because a tenant has complained to any governmental authority of a possible violation of any building code, health ordinance, or similar regulation or has attempted lawfully to redress his grievances against the authority. (f) Hold any tenant liable for property damage for which a private tenant would not be liable. (g) File an eviction action for property damage before a decision has been reached by a grievance panel, if the tenant has requested a grievance hearing. (Amended by Stats. 1974, Ch. 1112.)
  174. 34332.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A housing authority must include repair covenants in leases, post required notices, provide inspection access to records and premises, hold public meetings appropriately, and give tenants notice of policies, meetings, grievance procedures, and translation services.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34332. An authority shall do all of the following: (a) Expressly covenant in all of its leases and rental agreements to repair the premises to comply with all building ordinances effective at the time of construction of the unit being leased or rented as to which it has not received an exception from the county or city in which the unit is situated pursuant to Section 34513 and not affected by a resolution adopted pursuant to Section 34517. (b) Within each managed structure of four or more dwelling units with one or more common entrances, except leased housing, post notice that a copy of all its leasing and occupancy policies, regulations and procedures is at each housing project office for inspection during regular business hours. (c) Make available public documents and records of the authority for inspection, except any applications for eligibility and occupancy which are submitted by prospective or current tenants of the authority. (d) Make an inspection of the premises before a tenant moves in and allow the tenant or prospective tenant the opportunity to examine the record of inspection. (e) Hold all of its public meetings at a time convenient to most tenants and in a public room large enough to accommodate the persons who may reasonably be expected to attend. Any person may speak at such a meeting, if such person informs the authority at any time before the meeting begins that he desires to speak. (f) Within each managed structure of four or more dwelling units with one or more common entrances, except leased housing, post notice of the schedule of regular meetings of the commissioners and of the posting of changes in schedule and of summary agendas in housing project offices. (g) At each project office post a copy of all its leasing and occupancy policies, regulations and procedures, and post a notice of each meeting of the commissioners together with a summary agenda for the meeting at least three days in advance of each meeting. Unintentional or unavoidable failure to post, or changes in the agenda, shall not affect the validity of the proceedings. (h) Distribute as an addendum to its lease form notice of the availability of: (1) leasing and occupancy policies, regulations and procedures, (2) notices of meetings, and summary agendas (3) grievance procedures, (4) any available written translations into languages other than English of notices, records, or documents required by this section to be posted or made available to tenants, and (5) any oral translation services available to tenants not speaking, reading, or understanding English. (Amended by Stats. 1974, Ch. 1112.)
  175. 34333.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    A waiver of tenant rights in a lease or rental agreement made by the authority is void as against public policy.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34333. Any attempted waiver in any lease or rental agreement entered into by the authority of any of the rights granted tenants as against the authority by Sections 34331 and 34332 shall be void as against public policy. (Added by Stats. 1974, Ch. 1112.)
  176. 34334.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    This section says Sections 34331 and 34332 do not imply a private landlord’s responsibility for leased housing, and do not require a housing authority to impose that responsibility.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34334. No responsibility of a private landlord of leased housing, or duty of a housing authority to impose a responsibility upon a private landlord of leased housing, shall be implied from Section 34331 or 34332. (Added by Stats. 1974, Ch. 1112.)
  177. 34335.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. )

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    The authority must review its website by January 1, 2026, publish HCV waitlist data starting March 31, 2025, prepare an annual report starting September 30, 2025, and post that report online.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 4. Powers and Duties of Housing Authorities [34310 - 34335] ( Article 4 added by Stats. 1951, Ch. 710. ) ## 34335. (a) For purposes of this section: (1) “Authority” means the Housing Authority of the County of Alameda. (2) “Family Self-Sufficiency program” means the Family Self-Sufficiency program established pursuant to Section 1437u of Title 42 of the United States Code. (3) “HCV program” means the Housing Choice Voucher program established pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). (4) “HUD” means the United States Department of Housing and Urban Development. (b) The authority shall, by January 1, 2026, conduct an evaluation and review of its internet website for the purpose of ensuring that the website is easily accessible and navigable, including for those that are non-English speakers. The review and evaluation shall ensure high visibility of all of the following: (1) Audits. (2) Budgets. (3) Policies. (4) Information regarding consumer rights, including any discrimination grievance procedures and public records disclosure. (5) Financial information of the authority, including any audit reports, the authority’s budget, employee classification plans, and employee salary schedule. (6) Information regarding the administration of housing programs, including the authority’s one- and five-year public agency plans and HCV program administration plan. (7) The authority’s meeting agendas. (c) Beginning March 31, 2025, the authority shall publish HCV program waitlist data on its internet website, which, at a minimum, shall include all of the following: (1) The number of households that are on the waitlist. (2) Data regarding the configuration of households on the waitlist. (3) The number of households that were selected from the waitlist in the preceding 12 months. (d) (1) The authority, beginning September 30, 2025, and each year thereafter, shall develop a data-driven annual report for the preceding fiscal year that includes, at a minimum, information regarding employment with the authority, including all of the following: (A) The total number of vacancies. (B) The number of vacancies filled by promotion. (C) The number of new hires. (D) Trainings offered to staff. (2) (A) The annual report developed pursuant to paragraph (1) shall include data regarding the effectiveness of the programs administered by the authority, including all of the following: (i) The total number of individuals housed in the preceding four years. (ii) The total number of households on the HCV program waitlist. (iii) The average amount of time a household remains on the HCV program waitlist. (iv) The progress and success of the authority in achieving the goals outlined in its five-year public agency plan. (v) The total number of vouchers committed to homelessness. (vi) The utilization percentage for homeless voucher programs. (vii) The total number of rental vouchers allocated to each program, rental vouchers issued, and rental vouchers utilized. (viii) The data regarding households participating in the Family Self-Sufficiency program, including the number of participants, the total amount in an interest-bearing escrow account, a description of the goals established in contracts with a participant, the rate of achieving the goals, and the number of participants who successfully graduated. (B) The data included in the annual report pursuant to subparagraph (A) shall include all of the following: (i) For the annual report developed by September 30, 2025, data for the preceding fiscal year. (ii) For the annual report developed by September 30, 2026, data for the preceding two fiscal years. (iii) For the annual report developed by September 30, 2027, data for the preceding three fiscal years. (iv) For the annual report developed by September 30, 2028, and each year thereafter, data for the preceding four fiscal years. (3) The annual report developed pursuant to this subdivision shall be posted on the authority’s internet website. (e) Nothing in this section requires the disclosure of the personal or sensitive information of authority program participants. (Added by Stats. 2024, Ch. 795, Sec. 1. (SB 1357) Effective January 1, 2025.)
  178. 34350.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may issue bonds and take related financing actions for its corporate purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34350. An authority shall have the following powers: (a) To issue bonds for any of its corporate purposes. (b) To sell or otherwise dispose of any mortgage loans, in whole or in part, or to loan sufficient funds to any person to defray, in whole or in part, the costs of purchasing mortgage loans, so that the revenues and receipts to be derived with respect to the loans, together with any insurance proceeds, reserve accounts, and earnings thereon, shall be designed to produce revenues and receipts at least sufficient to provide for the prompt payment at maturity of principal, interest, and redemption premiums, if any, upon all bonds issued to finance such costs. (c) To pledge any revenues and receipts to be received from or with respect to any mortgage loans or loans made to lending institutions pursuant to this chapter to the punctual payment of bonds authorized under this chapter, and the interest and redemption premiums, if any, thereon. (d) To mortgage, pledge, assign, or grant security interests in any mortgage loans, notes, loans made to lending institutions pursuant to this chapter, or other property in favor of the holder or holders of bonds issued therefor or of the trustee for such holder or holders. (e) To sell and convey any mortgage loans, or loans made to lending institutions pursuant to this chapter, for such prices and at such times as the authority may determine. (f) To issue its bonds to refund previously issued bonds in whole or in part at any time. (g) To make and execute contracts and other instruments necessary or convenient to the exercise of any of the powers granted in this chapter. (Amended by Stats. 1983, Ch. 1309, Sec. 9.)
  179. 34350.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    A housing authority may not issue bonds under Section 34312.4 unless it has received an allocation of qualified mortgage bonds and complied with Chapter 3.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34350.2. A housing authority may not issue bonds pursuant to Section 34312.4 unless it has received an allocation of qualified mortgage bonds pursuant to Section 50193, and has complied with the applicable provisions of Chapter 3.5 (commencing with Section 50171) of Part 1 of Division 31. (Added by Stats. 1985, Ch. 306, Sec. 2.)
  180. 34350.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    The authority may authorize the exercise of chapter powers and issue bonds by resolution, and must include findings about public purpose and that the resolution is adopted under the chapter’s powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34350.5. The exercise of any or all powers granted by this chapter shall be authorized and the bonds shall be authorized to be issued under this chapter for the purposes set forth in this chapter, by resolution of the authority which shall set forth a finding and declaration (1) of the public purpose therefor and (2) that such resolution is being adopted pursuant to the powers granted by this chapter. The finding and declaration shall be conclusive evidence of the existence and sufficiency of the public purpose and powers. (Added by Stats. 1983, Ch. 1309, Sec. 10.)
  181. 34351.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may issue bonds of the types it chooses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34351. An authority may issue such types of bonds as it determines, including bonds on which the principal and interest are payable: (a) Exclusively from the income and revenues of the housing project financed with the proceeds of the bonds, or with such proceeds together with a grant from the Federal Government in aid of the project. (b) Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of the bonds. (c) From its revenues generally. (Added by Stats. 1951, Ch. 710.)
  182. 34352.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    A housing authority may further secure its bonds with pledged revenues or a mortgage on a housing project or other authority property.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34352. (a) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any housing project or other property of the authority. (b) Any pledge made to secure bonds shall be valid and binding from the time when the pledge is made. The revenues and receipts or property or interests in the property pledged and thereafter received by the authority, a trustee, or custodian shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against such authority, trustee, or custodian, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (Amended by Stats. 1983, Ch. 1309, Sec. 11.)
  183. 34353.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    The commissioners of an authority and anyone who executes the bonds are not personally liable for the bonds because they were issued.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34353. Neither the commissioners of an authority nor any person executing the bonds are liable personally on the bonds or subject to any personal liability or accountability by reason of their issuance. The bonds and other obligations of an authority are not a debt of the city, county, state, or any of its political subdivisions and neither are they liable on the bonds, nor are the bonds or obligations payable out of any funds or properties other than those of the authority pledges for the payment thereof; and the bonds shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (Amended by Stats. 1983, Ch. 1309, Sec. 12.)
  184. 34354.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may, by resolution, authorize the issuance of its bonds, including taxable or nontaxable bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34354. By resolution, an authority may authorize the issuance of its bonds which may be taxable or nontaxable. The resolution, its trust indenture, or mortgage may provide for: (a) The issuance of bonds in one or more series. (b) The date the bonds shall bear. (c) The date of maturity, not exceeding 45 years from their respective dates. (d) The interest rate, not exceeding 12 percent a year. (e) The denomination of the bonds. (f) The form of the bonds, either coupon or registered, as permitted by law. (g) The conversion or registration privileges which the bonds shall carry. (h) The rank or priority of the bonds. (i) The manner of execution of the bonds. (j) The medium of payment in which the bonds are payable. (k) The place of payment. ( l) The terms of redemption, with or without premium. (Amended by Stats. 1983, Ch. 1309, Sec. 13.)
  185. 34354.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    A housing authority may use a higher interest rate on certain federal-related debt if the federal government sets that rate, and those debts may be issued in any form, denomination, maturity, and conditions the federal government prescribes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34354.5. Notwithstanding Section 34354 or any other provision of law, the rate of interest on any indebtedness or obligation of a housing authority which is payable to the federal government or any agency or instrumentality thereof or on any indebtedness or obligation of a housing authority which is guaranteed by the federal government or any instrumentality thereof may be at a rate higher than the limitation established in Section 34354, or any other law, if the rate is the rate established by the federal government or any instrumentality thereof. Any such indebtedness or obligation shall be in any form and denomination, have any maturity and be subject to any conditions which may be prescribed by the federal government or agency or instrumentality thereof. (Amended by Stats. 1981, Ch. 714.)
  186. 34355.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    The bonds may be sold at public or private sale under the terms set in the bond resolution or a separate resolution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34355. The bonds may be sold at public or private sale in such manner and upon such terms as may be provided in the resolution authorizing the bonds or by separate resolution. (Amended by Stats. 1983, Ch. 478, Sec. 6. Effective July 28, 1983.)
  187. 34356.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    Bonds must bear the manual or facsimile signatures of the designated authority commissioner or officer, and those signatures remain valid even if the signer later leaves office.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34356. The bonds shall bear the manual or facsimile signatures of such authority commissioner or officer as may be designated in the resolution authorizing the bonds and such signatures shall be the valid and binding signatures of such commissioner or officer, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be commissioner or officer of the authority. The validity of the bonds shall not be dependent on, nor affected by, the validity or regularity of any proceedings relating to any mortgage loans or housing projects for which the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter and the recital shall be conclusive evidence of their validity and of the regularity of their issuance. Bonds issued pursuant to this chapter are fully negotiable. (Amended by Stats. 1983, Ch. 1309, Sec. 14.)
  188. 34357.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    In disputes over a bond or its security, a bond that says it was issued to finance housing for low-income persons is conclusively treated as having been issued for that purpose under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34357. In any proceedings involving the validity or enforceability of any bond or its security, any such bond reciting in substance that it has been issued by the authority to aid in financing dwelling accommodations for persons of low income, is conclusively deemed to have been issued for such purpose pursuant to this chapter. (Amended by Stats. 1980, Ch. 723.)
  189. 34358.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may exercise powers under Sections 34359 to 34365 when issuing bonds or incurring obligations for acquiring, developing, or leasing real property and securing payment of those bonds or obligations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34358. In connection with the issuance of bonds or the incurring of obligations in acquiring, developing, or leasing real property and in order to secure the payment of the bonds or obligations, an authority has the powers conferred by Sections 34359 to 34365, inclusive. (Amended by Stats. 1975, Ch. 1135.)
  190. 34359.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    A housing authority may pledge rents or revenues, mortgage property, borrow money, issue notes, and secure its assets by deeds of trust.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34359. An authority may: (a) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence. (b) Mortgage all or any part of its real or personal property then owned or thereafter acquired. (c) Borrow money from private sources, the state, county, or federal government, and issue its notes and encumber its assets as security by means of deeds of trust. The obligation of the authority is limited to the security on the deed of trust. (Amended by Stats. 1975, Ch. 166.)
  191. 34360.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    A housing authority may make bond-related covenants and take related actions about its property, project disposal limits, debts, bond issuance, bond proceeds, replacing lost bonds, payment timing, and bond redemption terms.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34360. An authority may: (a) Covenant against pledging all or part of its rents, fees, and revenues, against mortgaging all or part of its real or personal property, to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property. (b) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of all or part of any housing project. (c) Covenant as to what other or additional debts or obligations may be incurred by it. (d) Covenant as to the bonds to be issued, as to their issuance in escrow or otherwise, and as to the use and disposition of the bond proceeds. (e) Provide for the replacement of lost, destroyed, or mutilated bonds. (f) Covenant against extending the time for the payment of its bonds or interest on them. (g) Redeem the bonds, covenant for their redemption, and provide the redemption terms and conditions. (Added by Stats. 1951, Ch. 710.)
  192. 34361.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may set covenants about housing project rents, fees, revenue targets, and how those amounts are used or disposed of, and may create or authorize special funds for certain project money.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34361. An authority may: (a) Covenant as to the rents and fees to be charged in the operation of a housing project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to their use and disposition. (b) Create or authorize the creation of special funds for money held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the money held in the funds. (Added by Stats. 1951, Ch. 710.)
  193. 34362.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may set procedures for changing bondholder contracts and consent rules, and bondholders can enforce the related duties and remedies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34362. An authority may prescribe procedure by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds whose holders are required to consent, and the manner in which consent may be given. The provisions of this chapter and any resolution and any mortgage, pledge, assignment, security interest, insurance agreement, or indenture of trust shall constitute a contract with the holder or holders of the bonds and continue in effect until the principal of, the interest on, and the redemption premiums, if any, on the bonds so issued have been fully paid or provision made therefor, and the duties of the authority and its officers under this chapter and any resolution and any mortgage, pledge, assignment, security interest, insurance agreement, or indenture of trust shall be enforceable as provided therein by any bondholder by mandamus, foreclosure of any such mortgage, pledge, assignment, security interest, insurance agreement, or indenture of trust, or other appropriate suit, action, or proceeding in any court of competent jurisdiction; provided, the resolution or any mortgage, pledge, assignment, security interest, insurance agreement, or indenture of trust under which the bonds are issued may provide that all such remedies and rights to enforcement may be vested in a trustee (with full power of appointment) for the benefit of all the bondholders, and that the trustee shall be subject to the control of such number of holders or owners of any outstanding bonds as specified in the resolution. (Amended by Stats. 1983, Ch. 1309, Sec. 15.)
  194. 34363.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may make covenants about using, maintaining, replacing, insuring, and disposing of its property, and may set default and waiver terms for its bonds or obligations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34363. An authority may: (a) Covenant as to the use of any or all of its real or personal property. (b) Covenant as to the maintenance of its real and personal property, its replacement, the insurance to be carried on it, and the use and disposition of insurance money. (c) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation. (d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived. (Added by Stats. 1951, Ch. 710.)
  195. 34364.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may appoint trustees or related financial agents for bond administration and may give trustees or bondholders enforcement and management rights, especially if the authority defaults.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34364. An authority may: (a) Appoint one or more banks or trust companies within or outside the state having the necessary trust powers as trustee, custodian, or trustee and custodian for the benefit of the bondholders, paying agent, or bond registrar. (b) Vest in a trustee or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds. (c) Vest in a trustee the right, in the event of a default by the authority, to take possession and use, operate, and manage all or part of any housing project, and to collect and dispose of the rents and revenues arising from it pursuant to the agreement of the authority with the trustee. (d) Provide for the powers and duties of a trustee and limit his liabilities. (e) Provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. (Amended by Stats. 1983, Ch. 1309, Sec. 16.)
  196. 34365.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may use its bond-related powers and may make additional covenants and other acts needed to secure its bonds or make them more marketable.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34365. An authority may exercise all or any part or combination of the powers granted in Sections 34359 to 34364, inclusive, and make covenants other than the covenants expressly authorized in such sections, of like or different character. An authority may make covenants and do any and all acts and things necessary, convenient, or desirable to secure its bonds, or which will tend to make them more marketable notwithstanding that such covenants, acts, or things are not enumerated in this chapter. (Added by Stats. 1951, Ch. 710.)
  197. 34366.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may submit bonds to the Attorney General after issuance proceedings are complete, and the Attorney General must review their validity and the regularity of the proceedings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34366. Any authority may submit to the Attorney General any bonds to be issued pursuant to this chapter after all proceedings for their issuance have been taken. Upon such submission the Attorney General shall examine into and pass upon the validity of the bonds and the regularity of all proceedings in connection with them. If the proceedings conform to this chapter and are otherwise regular in form and if the bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to their terms, the Attorney General shall certify in substance upon the back of each bond that it is issued in accordance with the Constitution and state laws. (Added by Stats. 1951, Ch. 710.)
  198. 34366.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An action may be brought to test the validity of bonds issued under Article 5 and the legality of related proceedings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34366.5. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any bonds issued pursuant to Article 5 (commencing with Section 34350) and the legality and validity of all proceedings previously taken and (as provided in the bond resolution) proposed to be taken for the authorization, issuance, sale, and delivery of the bonds and for the payment of the principal thereof and interest thereon. (Added by Stats. 1983, Ch. 1309, Sec. 17.)
  199. 34367.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An obligee may use proper proceedings to force the authority to perform contract duties and to stop unlawful acts or violations of the obligee’s rights, subject to any contractual restrictions binding on the obligee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34367. Subject only to any contractual restrictions binding upon him, an obligee may: (a) By proper proceeding compel the authority and its commissioners, officers, agents, or employees to perform each and every provision contained in any contract of the authority with or for his benefit, and require the carrying out of any or all the covenants and agreements of the authority and the fulfillment of all duties imposed upon it by this chapter. (b) By proper proceeding enjoin any acts or things which may be unlawful, or the violation of any of his rights by the authority. (Added by Stats. 1951, Ch. 710.)
  200. 34368.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. )

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    An authority may give bondholders or leaseholders enforcement rights after default, including getting possession surrendered, having a receiver appointed, and requiring an accounting.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 2. HOUSING AUTHORITIES [34200 - 34606] ( Part 2 added by Stats. 1951, Ch. 710. ) ## CHAPTER 1. Housing Authorities Law [34200 - 34380] ( Chapter 1 added by Stats. 1951, Ch. 710. ) ## ARTICLE 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34368. By its resolution, trust indenture, mortgage, lease, or other contract an authority may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the following rights to be exercised upon the happening of an event of default defined in the resolution or instrument, by proceeding in any court of competent jurisdiction: (a) To cause possession of all or part of any housing project to be surrendered to him. (b) To obtain the appointment of a receiver of all or part of any housing project and of the rents and profits from it. If the receiver is appointed, he may enter and take possession of the housing project or the part of it, operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and keep such money in a separate account and apply it pursuant to the obligations of the authority as the court directs. (c) To require the authority and its commissioners to account as if it and they were the trustees of an express trust. (Added by Stats. 1951, Ch. 710.)

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