Health and Safety Code — Part 64 | HSC — United States — California law | Esheria

Health and Safety Code

Part 64 of 87 · provisions 12,601–12,800

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

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About this statute

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

Showing 200 of 17,333

  1. 34369.

    ## 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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    Several public and private fiduciaries may invest their funds in specified housing-authority bonds or similar obligations if those bonds are secured by a pledge of annual federal contributions.

    ## 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. ) ## 34369. Notwithstanding any restrictions on investments contained in any laws of this state, the state, all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, conservators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by an authority pursuant to this chapter, or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits. (Amended by Stats. 1979, Ch. 730.)
  2. 34370.

    ## 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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    Section 34370 says certain persons and public or private entities may use funds they own or control to buy the bonds or other obligations covered by Section 34369, and it does not remove any duty to use reasonable care when selecting securities.

    ## 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. ) ## 34370. It is the purpose of Section 34369 to authorize any person, political subdivision, body, or officer, public or private, to use any funds owned or controlled by him or it, including sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations. Nothing in Section 34369 relieves any person from any duty of exercising reasonable care in selecting securities. (Added by Stats. 1953, Ch. 93.)
  3. 34371.

    ## 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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    If Sections 34369 and 34370 conflict with another law, those sections control.

    ## 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. ) ## 34371. Insofar as the provisions of Sections 34369 and 34370 are inconsistent with the provisions of any other law, the provisions of the sections are controlling. (Added by Stats. 1953, Ch. 93.)
  4. 34372.

    ## 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 issue refunding bonds, use proceeds to pay off or redeem outstanding bonds, place proceeds in escrow, invest escrowed funds, and use remaining balance for lawful purposes under 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 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34372. An authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premiums thereof and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of additional construction. The proceeds of bonds issued pursuant to this section may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of outstanding bonds, either at their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and, pending such application, that portion of the proceeds allocated for such purpose may be placed in escrow, to be applied to such purchase or retirement at maturity or redemption on such date, as may be determined by the authority. Pending use for purchase, retirement at maturity, or redemption of outstanding bonds, any proceeds held in such an escrow may be invested and reinvested as provided in the resolution authorizing the issuance of the refunding bonds. Any interest or other increment earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and any interest or increment earned or realized from the investment thereof may be returned to the authority to be used by it for any lawful purpose under this chapter. That portion of the proceeds of any bonds issued pursuant to this section which is designated for the purpose of paying all or any part of the cost of additional construction may be invested and reinvested in obligations of, or guaranteed by, the United States of America or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing not later than the time or times which such proceeds will be needed for the purpose of paying all or any part of such costs. All bonds issued pursuant to this section shall be subject to the provisions of this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter. (Added by Stats. 1983, Ch. 1309, Sec. 18.)
  5. 34373.

    ## 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 that issued bonds, or its trustee or custodian, may invest funds as allowed by the bond 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. ) ## 34373. An authority which has issued bonds pursuant to this chapter or any trustee or custodian on behalf of the authority may invest any funds held by it as provided in the resolution authorizing the issuance of the bonds. (Added by Stats. 1983, Ch. 1309, Sec. 19.)
  6. 34374.

    ## 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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    Section 34374 allows certain investments to include qualifying mortgage obligations on single-family 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 5. Bonds [34350 - 34375] ( Article 5 added by Stats. 1951, Ch. 710. ) ## 34374. Investments under Section 34373 may include mortgage obligations on single-family dwellings purchased from a state or federally chartered 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 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 and Section 34373 is additional and alternative to any other authorization for investment contained in this chapter, including Section 34372, or in other provisions of law. (Added by Stats. 1983, Ch. 1309, Sec. 20.)
  7. 34375.

    ## 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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    Money received under this chapter must be treated as trust funds and used only for this chapter’s purposes. Banks or trust companies holding those funds must act as trustee and use the money for the chapter’s purposes, subject to the bond 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. ) ## 34375. All moneys received pursuant to the provisions of this chapter, whether revenues or proceeds from the sale of bonds or proceeds of insurance or guarantee claims, shall be deemed to be trust funds to be held and applied solely for the purpose of this chapter. Any bank or trust company in which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes specified in this chapter, subject to the terms of the resolution authorizing the bonds. (Added by Stats. 1983, Ch. 1309, Sec. 21.)
  8. 34376.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    The Legislature states that housing authorities should be empowered to issue tax-exempt revenue bonds to lend the proceeds to certain nonprofit organizations for specified housing 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34376. The Legislature hereby finds and declares that it would be beneficial to empower housing authorities to issue tax-exempt revenue bonds for the purpose of lending the proceeds to nonprofit organizations exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for the housing purposes specified in Section 34377. (Added by Stats. 1988, Ch. 1610, Sec. 3.)
  9. 34377.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    An authority may issue bonds to fund loans for qualifying nonprofit housing projects, and the bonds must be issued to meet Section 145 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 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34377. An authority may issue bonds to provide funds to be loaned by the authority to nonprofit organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for use by the organization to finance the acquisition, construction and rehabilitation, refinancing, or development of multifamily rental housing, including mobilehome parks that are or will be nonprofit or cooperatively owned, or both, in which residents rent spaces and either rent or own the mobilehomes occupying these spaces, to provide housing within the territorial jurisdiction of the authority in accordance with the organization’s tax-exempt purposes under that federal law. The bonds shall be issued so as to satisfy the requirements of Section 145 of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 145). (Amended by Stats. 1996, Ch. 27, Sec. 4. Effective April 8, 1996.)
  10. 34377.2.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    Financing under this section requires the nonprofit organization to sign a regulatory agreement, and the agreement must keep lower-income units available on a priority basis for the bond term or 30 years, whichever is longer.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34377.2. (a) Occupancy and rent restrictions with respect to housing acquired pursuant to this article shall either meet the requirements of subparagraphs (A) and (B) of paragraph (1) or the requirements of paragraph (2) as follows: (1) (A) Not less than 20 percent of the total number of units in a multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this article from the proceeds of the sale of bonds of each bond issuance of the authority shall be for occupancy on a priority basis by lower income households, as defined by Section 50079.5. If a multifamily rental housing development is located within a targeted area project, as defined by Section 103(b)(12)(A) of Title 26 of the United States Code, not less than 15 percent of the total number of units financed, or for which financing has been extended or committed pursuant to this chapter, shall be for occupancy on a priority basis by lower income households. Not less than one-half of the units required for occupancy on a priority basis by lower income households shall be for occupancy on a priority basis for very low income households, as defined by Section 50105. (B) (i) With respect to multifamily rental developments that are not mobilehome parks, the rental payments on the units required for occupancy by very low income households 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 30 percent of an amount equal to 50 percent of area median income. If the nonprofit organization elects to establish a base rent for all or part of the units for lower income households and very low income households, the base rents shall be adjusted for household size. In adjusting rents for household size for this purpose, it shall be assumed that 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. (ii) With respect to mobilehome parks: (I) Where a resident rents both the mobilehome and the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the total rental payments paid by the household on the mobilehome and the space occupied by the mobilehome (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome) shall not exceed 30 percent of an amount equal to 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (II) Where a resident is both the registered and legal owner of the mobilehome, is not making mortgage payments for the purchase of that home, and rents the space that the mobilehome occupies, for spaces and mobilehomes required for occupancy by very low income households, the total rental charge for occupancy of that space, excluding a reasonable allowance for other related housing costs determined at the time of acquisition of the mobilehome park by the nonprofit corporation, excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household on behalf of that space and mobilehome, shall not exceed 30 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (III) Where a resident is the registered owner of the mobilehome, is making mortgage payments for the purchase of that mobilehome, and rents the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the rental charge for occupancy of a space by a mobilehome, exclusive of any charges for utilities and storage (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome), shall not exceed 15 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (IV) In adjusting rents for household size, either the occupancy standards established in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) or the alternative standards that assume that one person will occupy a recreational vehicle, two persons will occupy a single-wide mobilehome, and three persons will occupy a multisectional mobilehome may be utilized. (2) The multifamily rental housing development is a “qualified low-income housing project,” within the meaning of Section 42(g) of the Internal Revenue Code (26 U.S.C. Sec. 42), because it meets the criteria set forth in Section 42(g)(1)(B) and (2) of the Internal Revenue Code. (b) If at the time of acquisition any of the units or mobilehome spaces are occupied by ineligible households, that fact alone shall neither constitute a cause for the tenant’s eviction nor render the project ineligible. Upon vacation of any unit initially occupied by an ineligible household, that unit shall be rented to an eligible household until the required residency by eligible households is attained. (c) As a condition of financing pursuant to this article, the nonprofit organization shall enter into a regulatory agreement with the authority, which shall require that units reserved for occupancy by lower income households shall remain available on a priority basis for occupancy for the term of the bonds issued to provide the financing or 30 years, whichever is greater. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the nonprofit organization. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the multifamily rental housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the authority as grantee. (Amended by Stats. 1994, Ch. 379, Sec. 4. Effective January 1, 1995.)
  11. 34377.4.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    An authority may finance the acquisition of commercial property for lease when doing so with multifamily rental housing financing, if the listed 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 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34377.4. An authority may, in conjunction with the financing of multifamily rental housing pursuant to this article, finance the acquisition of commercial property for lease, subject to all of the following conditions: (a) No more than 10 percent of the proceeds of any revenue bonds issued pursuant to this article may be used to acquire the commercial property for lease. (b) The commercial property acquired will be located on the same parcel or on a parcel adjacent to a multifamily rental housing development. (c) As a condition of the financing, any lease payments collected in excess of payments necessary for debt service, operating expenses and any required reserves related to such property, shall be used to reduce rents on units reserved for occupancy by lower income households and very low income households in a multifamily rental housing development. (Added by Stats. 1988, Ch. 1610, Sec. 3.)
  12. 34377.6.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    If a complaint alleges a violation of the Section 34377.2 restrictions, the authority must investigate promptly and report back. If it finds a violation, it must take appropriate action, including legal action, to end it. An aggrieved person may go to court even without first filing a complaint or waiting for agency action.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34377.6. Whenever a complaint is received concerning a violation of the restrictions imposed pursuant to Section 34377.2, the authority shall investigate promptly and make a report to the complaining party on whether the violation existed and whether it persists, and if it persists, what action the authority will take to remedy the violation. When the authority detemines that a violation exists, whether determined upon an investigation of a complaint or on its own motion, the authority shall take all appropriate action, including necessary legal action, to promptly eliminate the violation. Notwithstanding other provisions of this section, any person aggrieved by a violation of the restrictions imposed pursuant to Section 34377.2 may seek a judicial remedy without regard to whether a complaint has been made to the agency or whether the agency is then taking any action to remedy the violation. (Added by Stats. 1988, Ch. 1610, Sec. 3.)
  13. 34378.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

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    An authority may issue bonds to cover certain bond-related costs and related 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34378. For the purposes of this article, an authority shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys, insurance premiums, underwriting fees, and legal, accounting and marketing services incurred in connection with the issuance and sale of bonds pursuant to this chapter, including bond and mortgage reserve accounts; trustee, custodian, and rating agency fees, and any other costs which are reasonably related to the foregoing. (Added by Stats. 1988, Ch. 1610, Sec. 3.)
  14. 34379.

    ## 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. )

    Verify source ↗

    Bonds issued under this article must be repaid only from loan principal and interest payments, and the agency may pledge those payments to secure the 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 5.5. Loans to Tax-Exempt Organizations [34376 - 34379] ( Article 5.5 added by Stats. 1988, Ch. 1610, Sec. 3. ) ## 34379. (a) Bonds issued pursuant to this article shall be repayable solely from payments of principal and interest on account of the loans funded thereby. The agency may pledge all or any portion of these payments to secure the bonds. (b) Neither the members of the authority nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (c) The exercise of the powers granted by this article shall be in all respects for the benefit of the people of this state and for their health and welfare. Any bonds issued under this article, their transfer, and income therefrom shall at all times be free from taxation of every kind by the state and by the municipalities and political subdivisions of the state, except estate taxes. (d) This article provides an alternative method for issuing bonds and lending moneys for acquisition of multifamily rental housing by private nonprofit organizations. (Added by Stats. 1988, Ch. 1610, Sec. 3.)
  15. 34380.

    ## 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 6. Claims [34380- 34380.] ( Article 6 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the authority are generally handled under specified Government Code claim procedures, with stated exceptions. Insured claims that have already been properly presented may be referred to the insurer for further action.

    ## 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 6. Claims [34380- 34380.] ( Article 6 added by Stats. 1959, Ch. 1727. ) ## 34380. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. Claims, the risk or hazard of which are covered by insurance pursuant to the authorization of Section 34315(f) of this code and which have been presented in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, may be referred to the carrier insuring against such risk or hazard for further action, in accordance with such procedure as may be adopted by the authority. (Amended by Stats. 1963, Ch. 1715.)
  16. 34400.

    ## 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. )

    Verify source ↗

    Housing authority property and bonds are exempt from taxation, and certain related nonprofit-held property is included if the nonprofit is controlled by a 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. ) ## 34400. (a) The Legislature has found and declared all of the following in the Housing Authorities Law (Chapter 1 (commencing with Section 34200)) and the Housing Cooperation Law (Chapter 2 (commencing with Section 34500)): (1) There exist in the state housing conditions which constitute a menace to the health, safety, morals, and welfare of the residents of the state. (2) These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident prevention, and other public services and facilities. (3) The public interest requires the remedying of these conditions by the creation of housing authorities to undertake projects for slum clearance and for providing safe and sanitary dwelling accommodations for persons who lack sufficient income to enable them to live in decent, safe, and sanitary dwellings without overcrowding. (4) These housing projects are for public uses and purposes and are governmental functions of state concern. (b) (1) As a matter of legislative determination, it is hereby found and declared that the property and bonds of a housing authority are of such character as shall be exempt from taxation. (2) Property held by a nonprofit public benefit corporation that is controlled by a housing authority shall be included in the exemption from taxation described in paragraph (1). (c) For purposes of this section, a nonprofit public benefit corporation shall be deemed to be controlled by a housing authority if both of the following conditions are met: (1) The nonprofit public benefit corporation is organized for purposes pursuant to the Housing Authorities Law and is solely directed and managed by directors, officers, or employees of the housing authority. (2) The organizational documents of the nonprofit public benefit corporation contain provisions that in the event of the liquidation, dissolution, or winding up of the nonprofit public benefit corporation, all assets of the nonprofit public benefit corporation revert to ownership by the housing authority. (d) (1) It is the intent and purpose of this section to clarify subdivisions (a) and (b) of Section 3 of Article XIII of the California Constitution and, therefore, the changes made by this bill to this section do not constitute a change in, but are declaratory of, the existing law. (2) Any outstanding ad valorem tax, interest, or penalty that was levied on the property of a housing authority that meets the requirements of this section shall be canceled, and any tax, interest, or penalty, as so levied, that was paid prior to January 1, 2024, shall be refunded. (Amended by Stats. 2023, Ch. 766, Sec. 1. (AB 1528) Effective January 1, 2024.)
  17. 34401.

    ## 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. )

    Verify source ↗

    Property of a housing authority is exempt from state and local taxes and special assessments.

    ## 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. ) ## 34401. The property of an authority is exempt from all taxes and special assessments of the State or any city, county, or political subdivision of the State. In lieu of such taxes or special assessments the authority may agree to make payments to any city, county, or political subdivision of the State for services, improvements, or facilities furnished by such city, county, or political subdivision for the benefit of a housing project owned by the authority; but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the services, improvements, or facilities. (Added by Stats. 1953, Ch. 93.)
  18. 34402.

    ## 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. )

    Verify source ↗

    Authority bonds, plus their interest and income, are exempt from all taxes.

    ## 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 1.5. Tax Exemption of Housing Authority Property [34400 - 34402] ( Chapter 1.5 added by Stats. 1953, Ch. 93. ) ## 34402. The bonds of an authority are issued for an essential public and governmental purpose, and, together with interest thereon and income therefrom, are exempt from all taxes. (Added by Stats. 1953, Ch. 93.)
  19. 34500.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This chapter may be cited as the Housing Cooperation 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34500. This chapter may be cited as the Housing Cooperation Law. (Added by Stats. 1951, Ch. 710.)
  20. 34501.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    The section declares the housing conditions described in the chapter to be a public problem and allows state public bodies to aid housing authorities or housing projects within their boundaries or jurisdiction.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34501. It has been found and declared in the Housing Authorities Law that there exist in the State unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income; 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; and that the public interest requires the remedying of these conditions. It is found and declared that: (a) The assistance provided for in this chapter for the remedying of the conditions set forth in the Housing Authorities Law constitutes a public use and purpose and an essential governmental function for which public money may be spent and other aid given. (b) It is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project. (c) The provisions of this chapter are necessary in the public interest. (Added by Stats. 1951, Ch. 710.)
  21. 34502.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    Powers given by this chapter are in addition to powers granted by other laws.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34502. The powers conferred by this chapter are supplemental to the powers conferred by any other law. (Added by Stats. 1951, Ch. 710.)
  22. 34503.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    The definitions in the following sections govern how this chapter is interpreted, 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34503. Unless the context otherwise requires the definitions contained in the following sections govern the construction of this chapter. (Added by Stats. 1951, Ch. 710.)
  23. 34504.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This section defines “housing authority” as a housing authority created under 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34504. “Housing authority” means any housing authority created pursuant to the Housing Authorities Law. (Added by Stats. 1951, Ch. 710.)
  24. 34505.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “Housing projects” means certain housing-authority or federal government works or undertakings.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34505. “Housing projects” means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the Federal Government. (Added by Stats. 1951, Ch. 710.)
  25. 34506.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “State public body” is defined to include cities, counties, boroughs, commissions, districts, authorities, and other State subdivisions or public bodies.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34506. “State public body” means any city, county, borough, commission, district, authority, or other subdivision or public body of the State. (Added by Stats. 1951, Ch. 710.)
  26. 34507.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    “Governing body” means the listed governing or fiscal body for a 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34507. “Governing body” means the council, board of supervisors, board of trustees, or other body having charge of the fiscal affairs of the state public body. (Added by Stats. 1951, Ch. 710.)
  27. 34508.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    This section defines “Federal Government” for 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34508. “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 of America. (Added by Stats. 1951, Ch. 710.)
  28. 34509.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    Any state public body may use the powers in Sections 34510 to 34518 to help plan, undertake, construct, or operate housing projects in its authorized area.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34509. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may exercise the powers prescribed in Sections 34510 to 34518, inclusive, upon such terms, and with or without consideration, as it may determine. (Added by Stats. 1951, Ch. 710.)
  29. 34510.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

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    A state public body may transfer its property by dedication, sale, conveyance, or lease to a housing authority or the Federal Government.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34510. A state public body may dedicate, sell, convey, or lease any of its property to a housing authority or the Federal Government. (Added by Stats. 1951, Ch. 710.)
  30. 34511.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A state public body may provide certain facilities or works for 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34511. A state public body may cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects. (Added by Stats. 1951, Ch. 710.)
  31. 34512.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A state public body may carry out certain street and roadway work if it is otherwise empowered to do so.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34512. A state public body may furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake. (Added by Stats. 1951, Ch. 710.)
  32. 34513.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A state public body may plan, replan, zone, or rezone its territory, and may make building-regulation exceptions only if they do not conflict with specified housing-law provisions.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34513. A state public body may: (a) Plan or replan, zone or rezone any part of its territory. (b) Make exceptions to building regulations and ordinances to the extent that such exceptions do not conflict with the provisions of the State Housing Law, Part 1.5 (commencing with Section 17910) of Division 13, the rules and regulations promulgated pursuant thereto, or any modifications made pursuant to Section 17958.5. Any exceptions which conflict with such provisions, rules and regulations, or modifications, shall be invalid. (Amended by Stats. 1974, Ch. 1112.)
  33. 34514.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    Any city or city and county may change its map.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34514. Any city or city and county also may change its map. (Added by Stats. 1951, Ch. 710.)
  34. 34515.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A state public body may enter into agreements with a housing authority or the Federal Government for actions 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34515. A state public body may enter into agreements with a housing authority or the Federal Government respecting action to be taken by the state public body pursuant to this chapter. Notwithstanding any law to the contrary, the agreements may extend over any period of time not to exceed 45 years from the end of the year in which any such project becomes available for occupancy. Such time limitation shall not apply to any agreements entered into prior to the effective date hereof. (Amended by Stats. 1953, Ch. 1803.)
  35. 34516.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A state public body may take several actions to support housing projects and related 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34516. A state public body may do any of the following: (a) Any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of housing projects. (b) Purchase or legally invest in any of the bonds of a housing authority and exercise all of the rights of any holder of the bonds. (c) Enter into leases or installment payment contracts without any limitation on the duration thereof for the purpose of aiding and cooperating with a housing authority in financing the acquisition, planning, undertaking, construction, or operation of land on which mobilehomes or a mobilehome park are, or may be, located, and exercise any powers with respect to that financing and land as it may exercise with respect to housing projects, if the requirements of subdivision (h) of Section 34312 are satisfied with respect to the percentage of occupancy by persons of low income. (Amended by Stats. 1985, Ch. 485, Sec. 4. Effective September 6, 1985.)
  36. 34517.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

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    A state public body must not require changes to certain federally acquired housing projects, or take other construction-related action, when the housing authority has resolved that the project was built to promote the public interest and provide necessary safety, sanitation, and other protection.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34517. With respect to any housing project which a housing authority has acquired or taken over from the Federal Government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, a state public body shall not require any changes to be made in the housing project or the manner of its construction or take any other action relating to its construction. (Added by Stats. 1951, Ch. 710.)
  37. 34518.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

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    A state public body may fund public improvements, make certain transactions without appraisal or public bidding, and must hold a public hearing before entering a cooperation agreement.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34518. A state public body may incur the entire expense of any public improvements made by it in exercising the powers granted in this chapter. Any law to the contrary notwithstanding, a state public body may make any sale, conveyance, lease, or agreement provided for in Sections 34510 to 34517, inclusive, without appraisal, public notice, advertisement, or public bidding. Prior to entering into any cooperation agreement the governing body of any state public body shall hold a public hearing for the purpose of giving interested persons an opportunity to be heard as to whether such cooperation agreement should be entered into. Notice of such hearing shall be published pursuant to Section 6066 of the Government Code prior to the date of hearing. At least three copies of the proposed cooperation agreement submitted to the governing body shall be available for inspection by interested persons prior to the public hearing. The cooperation agreement may provide that there shall be a public hearing prior to the approval by the governing body of a county or city of any site for a public housing project. The executed cooperation agreement shall be conclusive evidence that all proceedings prior thereto under this section have been in full compliance with this section. (Amended by Stats. 1957, Ch. 357.)
  38. 34519.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

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    A state public body may contract with a housing authority or the Federal Government for payments tied to housing-project improvements, services, and facilities, but those payments cannot exceed estimated cost.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34519. In connection with any housing project located wholly or partly within the area in which it is authorized to act, any state public body may contract with a housing authority or the Federal Government with respect to the sum which it may agree to pay during any period to the state public body for the improvements, services, and facilities to be furnished by it for the benefit of the housing project. The amount of the payments shall not exceed the estimated cost to the state public body of the improvements, services, or facilities to be furnished. The absence of a contract for such payments does not relieve any state public body from the duty to furnish for the benefit of the housing project the customary improvements and the services and facilities it usually furnishes without a service fee. (Added by Stats. 1951, Ch. 710.)
  39. 34520.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

    Verify source ↗

    A city or county governing body must promptly estimate a new housing authority’s first-year administrative costs, may fund it by loan or donation, and the housing authority must repay loans when it has money available.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34520. When any housing authority created for any city or county becomes authorized to transact business and exercise its powers, the governing body of the city or county shall immediately make an estimate of the amount necessary for the administrative expenses and overhead of the housing authority during its first year, and may appropriate the amount to the authority as a loan or donation. Any city or county located wholly or partially within the area of operation of a housing authority may lend or donate money to the authority or agree to do so. When it has money available, the housing authority shall make reimbursements for all such loans made to it. (Added by Stats. 1951, Ch. 710.)
  40. 34521.

    ## 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. )

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    A state public body may authorize the exercise of powers granted in this chapter by resolution approved by a majority of its governing 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 2. Housing Cooperation Law [34500 - 34521] ( Chapter 2 added by Stats. 1951, Ch. 710. ) ## 34521. The exercise by a state public body of the powers granted in this chapter may be authorized by resolution adopted by a majority of the members of its governing body. (Amended by Stats. 1953, Ch. 1803.)
  41. 34600.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

    Verify source ↗

    This chapter may be cited as the Housing Operations 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34600. This chapter may be cited as the Housing Operations Law. (Added by Stats. 1967, Ch. 579.)
  42. 34601.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

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    This section says the definitions and general provisions in Sections 34602 to 34606 govern how this 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34601. The definition and general provisions contained in Sections 34602 to 34606, both inclusive, govern the construction of this chapter, unless the context otherwise requires. (Added by Stats. 1967, Ch. 579.)
  43. 34602.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

    Verify source ↗

    This section defines “Owner” 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34602. “Owner” means any nonprofit corporation, limited distribution mortgagor, mutual housing corporation, or cooperative or any legal entity or body which is (1) qualified for mortgage insurance or direct loans by the federal government or the California Housing Finance Agency in the financing of any housing program wherein owners’ profits are controlled or eliminated by the terms of agreement with the federal government or the California Housing Finance Agency, or (2) qualified for housing assistance payments authorized by paragraph (2) of subsection (b) of Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(b)(2)). (Amended by Stats. 1975, Ch. 1135.)
  44. 34603.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

    Verify source ↗

    This section defines “Federal government” as the United States or any of its agencies or instrumentalities.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34603. “Federal government” means the United States or any agency or instrumentality, corporate or otherwise, of the United States of America. (Added by Stats. 1967, Ch. 579.)
  45. 34604.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

    Verify source ↗

    This section defines “local housing authority” as a housing authority created under the specified housing-authority provisions.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34604. “Local housing authority” means a housing authority created pursuant to Chapter 1 (commencing with Section 34200), Part 2, Division 24 of this code. (Added by Stats. 1967, Ch. 579.)
  46. 34605.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

    Verify source ↗

    This section defines “housing facility.”

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34605. “Housing facility” means any dwelling made available with financing provided through mortgage insurance, direct loan programs, or grants by the federal government or the California Housing Finance Agency or any dwelling which is constructed or substantially rehabilitated pursuant to a housing-assistance-payment contract authorized by paragraph (2) of subsection (b) of Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(b)(2)). “Housing facility” includes management and maintenance space and other nondwelling space or facilities necessary for the operation of the housing facility. (Amended by Stats. 1975, Ch. 1135.)
  47. 34606.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. )

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    Owners may contract with local housing authorities, and the authorities may provide nonprofit services for planning, management, and operations of housing facilities.

    ## 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 3. Housing Operations Law [34600 - 34606] ( Chapter 3 added by Stats. 1967, Ch. 579. ) ## 34606. Owners may enter into contracts with local housing authorities whereby the housing authority may provide services to the owners on a nonprofit basis for the planning, management, and operations of housing facilities. (Added by Stats. 1967, Ch. 579.)
  48. 35800.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This section says Part 6 may be cited as the Holden 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. ) ## 35800. This part shall be known and may be cited as the Holden Act. (Amended by Stats. 1981, Ch. 846.)
  49. 35801.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. )

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    This section states legislative findings about housing, mortgage lending, and financial discrimination, and says certain mortgage-lending practices based on neighborhood factors unrelated to creditworthiness are 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. ) ## 35801. The Legislature finds and declares: (a) The subject of housing is of vital statewide importance to the health, safety, and welfare of the residents of the state. (b) A healthy housing market, where residents of this state have a choice of housing opportunities and where the housing consumer may effectually choose within a free market place, is necessary to achieve a healthy state economy. (c) The equities that California residents accumulate in family homes must be protected and conserved. (d) The Legislature has the responsibility to direct the discontinuance of injurious practices. (e) With respect to certain geographic areas, financial institutions have sometimes denied financial assistance or approved assistance on terms less favorable than are usually offered in other geographic areas, regardless of the creditworthiness of the applicant or the condition of the real-property security offered, and this practice has the following effects: (1) Contributes to the decline of available family housing in such areas and is likely to continue to do so. (2) Limits the choice of housing opportunities and inhibits the operation of a healthy housing market in such areas. (3) Leads to the abandonment of such areas. (4) Adversely affects the health, welfare, and safety of the residents of this state. (5) Undermines the value of the equity of current owners of property in such areas. (6) Inhibits the granting of amortized loans. (7) Perpetuates racially and economically segregated neighborhoods and geographic areas. (f) The practice of denying mortgage loans or adversely varying the terms of such loans because of conditions, characteristics, or trends in a neighborhood or geographic area that are unrelated to the creditworthiness of the applicant or the value of the real property security offered is against public policy. (Added by Stats. 1977, Ch. 1140.)
  50. 35802.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. )

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    This section states the purposes of Part 6: to prevent discrimination in housing-related financial assistance, encourage lending in underserved areas, increase housing availability for creditworthy persons, ensure decent and safe housing, and prevent neighborhood abandonment and decay.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. ) ## 35802. The purposes of this part include the following: (a) To prevent discrimination in the provision of financial assistance for financing or refinancing the purchase, construction, rehabilitation, or improvement of housing accommodations because of conditions, characteristics, or trends in the neighborhood or geographic area surrounding the security property. (b) To encourage increased lending in neighborhoods or geographic areas in which conventional residential mortgage financing has been unavailable. (c) To increase the availability of housing accommodations to creditworthy persons. (d) To ensure the supply of decent, safe housing. (e) To prevent the abandonment and decay of neighborhoods and geographic areas. (Added by Stats. 1977, Ch. 1140.)
  51. 35803.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This section says Part 6 is an exercise of the state’s police power for protecting the health, welfare, and peace of the people of the state.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 1. Findings and Declarations of Purpose and Policy [35800 - 35803] ( Chapter 1 added by Stats. 1977, Ch. 1140. ) ## 35803. This part shall be deemed an exercise of the police power of the state for the protection of the health, welfare, and peace of the people of this state. (Added by Stats. 1977, Ch. 1140.)
  52. 35805.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 2. Definitions [35805- 35805.] ( Chapter 2 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This section defines key terms used in this part, including “Agency,” “fair market value,” “financial institution,” “housing accommodation,” and “Secretary,” and states that the amendments become operative on July 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 2. Definitions [35805- 35805.] ( Chapter 2 added by Stats. 1977, Ch. 1140. ) ## 35805. As used in this part: (a) “Agency” means the Business and Consumer Services Agency. (b) “Fair market value” means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. The use of this definition of fair market value by a financial institution in an appraisal made at any time on or after July 1, 1986, does not violate the provisions of this part. (c) “Financial institution” includes any bank, savings and loan association, or other institution in this state, including a public agency, that regularly makes, arranges, or purchases loans for the purchase, construction, rehabilitation, improvement, or refinancing of housing accommodations. (d) “Housing accommodation” includes any improved or unimproved real property, or portion thereof, that (1) is used or is intended to be used as a residence, and (2) is or will be occupied by the owner, and (3) contains not more than four dwelling units. “Housing accommodation” shall also include any residential dwelling containing not more than four dwelling units where the owner thereof, whether or not the owner will occupy the property, applies or has applied for a secured home improvement loan from a financial institution, the proceeds of which loan will be used to improve the security property. (e) “Secretary” means the Secretary of Business and Consumer Services. (f) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 57. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  53. 35810.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    Financial institutions must not discriminate in housing-related lending based on neighborhood or geographic-area conditions, characteristics, or trends, unless they can show the consideration is needed to avoid an unsafe and unsound business practice.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35810. (a) No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing, constructing, rehabilitating, improving, or refinancing housing accommodations due, in whole or in part, to the consideration of conditions, characteristics, or trends in the neighborhood or geographic area surrounding the housing accommodation, unless the financial institution can demonstrate that consideration of these conditions in the particular case is required to avoid an unsafe and unsound business practice. (b) Nothing in this section shall be construed to prohibit any financial institution from establishing a special loan program designed to engender equality in housing in accordance with the federal Fair Housing Act (42 U.S.C. Secs. 3601 et seq.) or similar state and federal laws, so long as the program promotes housing opportunities in ethnic minority or low-income neighborhoods. (Amended by Stats. 1993, Ch. 366, Sec. 1. Effective January 1, 1994.)
  54. 35811.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    A financial institution must not discriminate when providing or making available financial assistance for buying, building, improving, rehabilitating, or refinancing housing because of protected-status factors listed in the cross-referenced 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35811. (a) No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing, constructing, rehabilitating, improving, or refinancing housing accommodations due, in whole or in part, to the consideration of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 72) by Stats. 2013, Ch. 605, Sec. 42. (SB 752) Effective January 1, 2014.)
  55. 35812.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    A financial institution must not consider neighborhood racial, ethnic, religious, or national-origin composition when appraising a housing accommodation or deciding financial assistance 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35812. No financial institution shall consider the racial, ethnic, religious, or national origin composition of a neighborhood or geographic area surrounding a housing accommodation or whether or not such composition is undergoing change, or is expected to undergo change, in appraising a housing accommodation or in determining whether or not, and under what terms and conditions, to provide financial assistance for the purpose of purchasing, constructing, rehabilitating, improving, or refinancing a housing accommodation. No financial institution shall utilize appraisal practices that are inconsistent with the provisions of this part. (Added by Stats. 1977, Ch. 1140.)
  56. 35813.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This section says nothing in the part requires a financial institution to provide housing-related financial assistance when occupancy would clearly pose an imminent health or safety threat, and it does not stop a financial institution from considering the property’s fair market value for the proposed loan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35813. Nothing in this part shall (1) require a financial institution to provide financial assistance if it is clearly evident that occupancy of the housing accommodation would create an imminent threat to the health or safety of the occupant, or (2) be construed to preclude a financial institution from considering the fair market value of the property which will secure the proposed loan. (Added by Stats. 1977, Ch. 1140.)
  57. 35814.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    The secretary must issue rules, regulations, guidelines, and orders needed to interpret and enforce this part, and may delegate those responsibilities to certain licensing departments within the 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35814. The secretary shall issue such rules, regulations, guidelines, and orders as are necessary to interpret and enforce the provisions of this part and to affirmatively further the provisions of this part. The secretary may delegate the responsibilities imposed by this section to one or more departments within the agency that license persons or organizations engaged in a business related to, or affecting compliance with, this part. (Added by Stats. 1977, Ch. 1140.)
  58. 35815.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    The secretary or designee must monitor and investigate financial institutions’ lending practices for compliance, and the secretary must report annually to the Legislature. After a violation finding, the secretary may recommend that state funds not be deposited in the institution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35815. (a) The secretary or the secretary’s designee shall monitor and investigate the lending patterns and practices of financial institutions for compliance with this part, including the lending patterns and practices for housing accommodations which are not occupied by the owner. If a finding is made that such patterns or practices violate the provisions of this part the secretary or the secretary’s designee shall take such action as will effectuate the purposes of this part. In addition to other remedies provided by this part or other provisions of law, the secretary may recommend to the Treasurer that state funds not be deposited in a financial institution where the secretary has made a finding that such financial institution has engaged in a lending pattern and practice which violates this part. (b) The secretary shall annually report to the Legislature on the activities of the appropriate regulatory agencies and departments in complying with this part. The report shall include a description of any actions taken by the secretary or the secretary’s designee to remedy patterns or practices the secretary determines are in violation of this part. (Amended by Stats. 1987, Ch. 1492, Sec. 3.)
  59. 35816.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    The secretary must adopt mortgage-lending regulations for covered non-depository lenders and those rules must require reporting by geographic area and loan product.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 3. Prohibitions and Enforcement [35810 - 35816] ( Chapter 3 added by Stats. 1977, Ch. 1140. ) ## 35816. (a) The secretary shall adopt regulations applicable to all persons who are in the business of originating residential mortgage loans in this state, including, but not limited to, insurers, mortgage bankers, investment bankers, and credit unions and who are not depository institutions within the meaning of subsection (2) of Section 2802 of Title 12 of the United States Code. The regulations for residential mortgage loans shall impose substantially the same reporting requirements by geographic area and loan product as are imposed by the federal Home Mortgage Disclosure Act of 1975, as amended (12 U.S.C. Sec. 2801 et seq.). (b) This section does not apply to subsidiaries of depository institutions or subsidiaries of depository institution holding companies that are currently reporting to a federal or state regulatory agency as provided by the Home Mortgage Disclosure Act of 1975, as amended (12 U.S.C. Sec. 2801 et seq.) or are subject to substantially the same reporting requirements by geographic area and loan product pursuant to an act of a federal or state regulatory agency. (Amended by Stats. 2006, Ch. 538, Sec. 396. Effective January 1, 2007.)
  60. 35820.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    An applicant for a real estate loan connected to a housing accommodation may file a complaint with the secretary if the applicant claims to be aggrieved by an alleged violation of Chapter 3 or a rule adopted under 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. ) ## 35820. Any applicant for a real estate loan in connection with a housing accommodation claimed to be aggrieved by an alleged violation of Chapter 3 (commencing with Section 35810) of this part, or any rule or regulation adopted thereunder, may file a complaint with the secretary. (Added by Stats. 1977, Ch. 1140.)
  61. 35821.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    When a complaint is received, the secretary must try to resolve the alleged unlawful practice by conference, conciliation, or persuasion.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. ) ## 35821. Immediately upon receipt of the complaint, the secretary shall endeavor to eliminate any alleged unlawful practice by conference, conciliation, or persuasion. (Added by Stats. 1977, Ch. 1140.)
  62. 35822.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    The secretary must issue a written decision after finding an unlawful practice in a complaint, serve the institution with the decision and a cease-and-desist order, and may require compliance reporting.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. ) ## 35822. If, in accordance with procedures established for the resolution of complaints by the secretary, and within 30 days of receiving the complaint, the secretary finds that a financial institution has engaged in any unlawful practice as defined in this part, the secretary shall state in a written decision his or her findings of fact and shall cause such financial institution to be served with a copy of the decision and an order issued by the secretary requiring it to cease and desist from such practice and to take one of the following steps as, in the judgment of the secretary, will effectuate the purposes of this part: (a) The making of the financial assistance or the making of the financial assistance on nondiscriminatory terms; or (b) The payment of damages to the complainant in an amount not to exceed one thousand dollars ($1,000), if the secretary finds that effective relief under subdivision (a) is no longer available. The secretary may require a report of the manner of compliance. If the secretary finds that a financial institution has not engaged in any practice which constitutes a violation of this part, the secretary shall issue a written decision incorporating his findings of fact and shall cause to be served upon the complainant and the financial institution involved a copy of the decision. (Added by Stats. 1977, Ch. 1140.)
  63. 35823.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    A party must request a formal administrative hearing within 10 days if they want the secretary’s decision to be reviewed; then the secretary must send the request to the Office of Administrative Hearings, which must start and decide the hearing within set 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 4. Complaint Resolution [35820 - 35823] ( Chapter 4 added by Stats. 1977, Ch. 1140. ) ## 35823. The decision of the secretary shall be final unless, within ten days from the date of receipt thereof, the complainant or financial institution files a written request with the secretary for a formal administrative hearing. Upon receipt of such a written request, the secretary shall file a copy thereof with the Office of Administrative Hearings. Within 20 days of receipt of the copy of such request, the Office of Administrative Hearings shall commence a hearing on the merits pursuant to the provisions of the Administrative Procedure Act, Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, except that the decision of the hearing officer shall be a final decision and binding upon the secretary. The decision shall be in accordance with the provisions of Section 35822 and shall be rendered within 45 days of receipt of the copy of the request for a hearing by the Office of Administrative Hearings. The secretary shall represent the complainant at such hearing if the secretary’s decision rendered pursuant to Section 35822 was in favor of the complainant. Judicial review may be obtained by the complainant or the financial institution by filing a petition for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure. In any such judicial proceeding, the court may exercise its independent judgment on the evidence included in the record of the administrative hearing and may additionally consider evidence which was improperly excluded by the hearing officer and any other relevant evidence not included in the record of the administrative hearing which the court finds the offering party could not, in the exercise of reasonable diligence, have produced at the administrative hearing. The court may in its discretion award costs or reasonable attorney fees, or both, to the complainant if the complainant is the prevailing party, without regard to whether such judicial action is brought by the complainant or by the financial institution. (Added by Stats. 1977, Ch. 1140.)
  64. 35830.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    Financial institutions must give applicants a written notice about the listed prohibitions and the right of review when they apply for financial assistance, and the notice must be posted publicly.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. ) ## 35830. In order to further the purposes of this part, financial institutions shall notify all applicants at the time of written application for financial assistance of the prohibitions enumerated in Chapter 3 (commencing with Section 35810) and of the right of review provided by Section 35820. Such notice shall include the address of the secretary, or the secretary’s designee, and where complaints may be filed and questions may be asked. Such notice shall be in at least 10-point type and shall also be posted in a conspicuous place for public inspection. (Added by Stats. 1977, Ch. 1140.)
  65. 35831.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This section says rules under this part cannot override other lending-discrimination laws and cannot conflict with this part’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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. ) ## 35831. The provisions of this part, including rules, regulations, guidelines, and orders issued pursuant to this part, shall not affect the validity of any prohibitions or requirements pertaining to the activity of financial institutions that arise from other provisions of law relating to discrimination in lending. Rules, regulations, guidelines, and orders issued pursuant to this part shall not be in any manner contrary to, or inconsistent with, the purposes of this part. (Added by Stats. 1977, Ch. 1140.)
  66. 35832.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    This part must be interpreted broadly to carry out its 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. ) ## 35832. The provisions of this part shall be liberally construed in order to effectuate the purposes of this part. (Added by Stats. 1977, Ch. 1140.)
  67. 35833.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. )

    Verify source ↗

    If part of this section is found invalid by a court, the rest of the section still 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 6. FINANCIAL DISCRIMINATION [35800 - 35833] ( Part 6 added by Stats. 1977, Ch. 1140. ) ## CHAPTER 5. Miscellaneous [35830 - 35833] ( Chapter 5 added by Stats. 1977, Ch. 1140. ) ## 35833. If any clause, sentence, paragraph, or part of this part or application thereof to any person, financial institution, or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this part and the application thereof to other persons, financial institutions or circumstances but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, financial institution, or circumstance involved. (Added by Stats. 1977, Ch. 1140.)
  68. 36000.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    The Legislature states that certain public-private housing activities may involve close private-sector participation without necessarily being the kind of low-rent housing project covered by Article XXXIV.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36000. The Legislature finds and declares that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, rehabilitation assistance, replacement housing, development approvals, property tax exemptions, and relocation assistance may involve close participation with the private sector in meeting housing needs, without amounting to the development, construction, or acquisition of low-rent housing projects as contemplated in Article XXXIV of the State Constitution. (Added by Stats. 1976, Ch. 1339.)
  69. 36001.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    The Legislature finds that actions already taken by state public bodies and local public entities, and future actions, need validation procedures to determine whether they are valid.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36001. The Legislature further finds that certainty as to the validity of actions previously taken by state public bodies and local public entities, as well as the actions to be taken in the future, requires the validation of actions previously taken and the establishment of means for determining the validity of those actions to be taken in the future. (Amended by Stats. 1992, Ch. 596, Sec. 1. Effective January 1, 1993.)
  70. 36002.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    This section defines “local public entity,” “persons of low income,” and “state public body” for 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 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36002. When used in this part: (a) “Local public entity” means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of this division, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of this division, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. “Local public entity” also includes two or more local public entities acting jointly. (b) “Persons of low income” means persons and families who lack the amount of income which is necessary (as determined by the local public entity) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. (c) “State public body” has the same meaning as defined in Article XXXIV of the State Constitution. (Added by Stats. 1976, Ch. 1339.)
  71. 36003.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    A court action may be brought to challenge a state agency’s or local public entity’s approval of certain housing-related proposals or applications.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36003. 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 the action of a state agency or local public entity in giving preliminary or final approval to a proposal or application which may result in housing assistance benefiting persons of low income without obtaining prior referendum approval pursuant to Article XXXIV of the California Constitution. (Amended by Stats. 1992, Ch. 596, Sec. 2. Effective January 1, 1993.)
  72. 36004.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    Challenges to certain low-rent housing project contracts based on missing referendum approval are barred, except for specified local housing authority projects and certain farm labor centers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36004. No action attacking or otherwise questioning a contract of financial assistance for, or the acquisition, construction or development of, a low-rent housing project for which final approval or a legally binding commitment was given by the governing body of a state public body or local public entity prior to August 20, 1976, may be brought on the grounds of failure to obtain referendum approval pursuant to Article XXXIV of the State Constitution, except as to low-rent housing projects owned in fee by local housing authorities pursuant to the Housing Authorities Law, Chapter 1 (commencing with Section 34200) of Part 2, and farm labor centers developed after January 14, 1972, pursuant to the Farm Labor Centers Law, Part 7 (commencing with Section 36050) of this division. (Added by Stats. 1976, Ch. 1339.)
  73. 36005.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. )

    Verify source ↗

    A judicial challenge to certain final approval actions affecting low-income housing assistance cannot be filed before the required notice or approval, and cannot be filed more than 60 days later.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 6.5. VALIDATION PROCEDURES [36000 - 36005] ( Heading of Part 6.5 renumbered from Part 6 by Stats. 1979, Ch. 373. ) ## 36005. No judicial action attacking or otherwise questioning the validity of the action of a state agency or a local public entity in giving final approval to a proposal or application which may result in housing assistance benefiting persons of low income without obtaining prior approval pursuant to Article XXXIV of the California Constitution shall be brought prior to the notice of funding commitment by the state agency or the adoption of a resolution or ordinance by the legislative body of the local public entity approving the proposal or application, nor may any such action be brought at any time after 60 days from the date of the notice of funding commitment or the date of adoption of the ordinance or resolution approving the proposal, as appropriate. (Amended by Stats. 1993, Ch. 589, Sec. 106. Effective January 1, 1994.)
  74. 36050.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    This part may be cited as the Farm Labor Center 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36050. This part may be cited as the Farm Labor Center Law. (Added by Stats. 1963, Ch. 1515.)
  75. 36051.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    The Legislature declares a need for farm labor centers and says they are a proper function for housing authorities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36051. In enacting this part, the Legislature hereby finds and declares that there is a need for farm labor centers for the assembling, domiciling, and housing of persons and families engaged in agricultural work to help assure the agricultural communities of a supply of such workers as and when they are needed; that the operation of farm labor centers is a proper function for housing authorities established pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200), Part 2, Division 24); and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination and of statewide application. It is further declared by the Legislature that its intent in enacting this part is to remedy the conditions described in this section by providing for the furnishing of the farm labor centers authorized herein to single persons and families whose principal source of income is agricultural work, without regard to whether such persons and families have low incomes. (Added by Stats. 1963, Ch. 1515.)
  76. 36052.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Sections 36053 to 36055 govern how this part is construed, 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36052. The definitions and general provisions contained in Sections 36053 to 36055, both inclusive, govern the construction of this part, unless the context otherwise requires. (Added by Stats. 1963, Ch. 1515.)
  77. 36053.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36053. “Governing body” means the city council in the case of a city and the board of supervisors in the case of a county. (Added by Stats. 1963, Ch. 1515.)
  78. 36054.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

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    For any housing authority, the area of operation is the area prescribed by Sections 34208 and 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36054. The area of operation for any housing authority means the area of operation prescribed by Sections 34208 and 34209. (Added by Stats. 1963, Ch. 1515.)
  79. 36055.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    This section defines “farm labor center” and says it also includes related property, assets, cash, and other funds used for its acquisition, operation, or disposition.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36055. Farm labor center means any farm labor center (or any part thereof) owned or acquired by a housing authority in the State. It also includes all real and personal property, assets, cash or other funds held or used in connection with the acquisition, operation, or disposition of a farm labor center. (Added by Stats. 1963, Ch. 1515.)
  80. 36056.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A housing authority may resolve to acquire farm labor centers in its area, with the local governing body’s concurrence, and may own, operate, build, repair, maintain, or dispose of them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36056. Any housing authority may adopt a resolution stating the need for and, with the concurrence of the local governing body, may acquire through purchase or gift any farm labor center within its area of operation and own, operate, construct, reconstruct, repair, replace, maintain, and dispose of such centers pursuant to this part. (Added by Stats. 1963, Ch. 1515.)
  81. 36057.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

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    Every housing authority has the powers needed or convenient to carry out this part, including powers granted by this part and other 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36057. Every housing authority shall have all the powers necessary or convenient to carry out the purposes of this part, including the powers granted by this part and any other provision of law. It is the purpose and intent of this part to do any and all things necessary or desirable to secure the financial aid or co-operation of the federal government in the undertaking, construction, maintenance, operation, or financing of any farm labor center. (Added by Stats. 1963, Ch. 1515.)
  82. 36057.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    The Department of Housing and Community Development may provide counseling and guidance, and may contract for or sponsor certain housing projects, including with federal aid and subject to available federal 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36057.5. The Department of Housing and Community Development may furnish counseling and guidance services to aid any public body or any private or nonprofit organization or persons in securing the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, operation, or financing of any housing designed for farm laborers and their families, persons displaced by action of any state or local public agency, and workers engaged in cutting, processing, milling, handling, or shipping lumber or lumber products, and the families of such workers. The Department of Housing and Community Development may contract for or sponsor, subject to the availability of federal funds, experimental or demonstration projects for permanently fixed or mobile housing designed to meet the special needs of agricultural workers and persons displaced by action of any state or local public agency. Such contracts or sponsorship agreements may be between the department and cities, counties, housing authorities, redevelopment agencies, or nonprofit organizations. (Added by Stats. 1968, Ch. 943.)
  83. 36058.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A housing authority may contract for services and facilities for a farm labor center, and it may require contractors and subcontractors to follow minimum wage and maximum hour 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36058. Within its area of operation and with reference to farm labor centers, a housing authority may arrange and contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for or in connection with its farm labor center, and notwithstanding anything to the contrary contained in this part or in any other provision of law, may include in any contract let in connection with a farm labor center, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor. (Added by Stats. 1963, Ch. 1515.)
  84. 36059.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A housing authority may do a range of property, finance, contracting, staffing, and leasing actions for farm labor centers within its area of operation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36059. Within its area of operation, and with reference to farm labor centers, a housing authority may: (a) Own, hold, and improve real or personal property. (b) Purchase, lease, obtain options upon, acquire by gift, bequest, devise, or otherwise, any real or personal property or any interest therein. (c) Accept grants from any person or agency, public or private. (d) Borrow money and pledge any property, real or personal, as security. (e) Contract with any person or agency, public or private, with regard to operation of the farm labor centers. (f) Sell, lease, exchange, transfer, assign, purchase, or dispose of any real or personal property or interest therein. (g) Insure or provide for the insurance of any real or personal property or operations of any farm labor centers against any risks or hazards. (h) Employ such officers and employees, permanent and temporary, as may be required, determine their qualifications, duties and compensation, and delegate to one or more of them such powers or duties as may be necessary for the acquisition of any farm labor center. (i) Acquire any real property by eminent domain necessary for the purposes of the housing authority. (j) Lease or rent any dwellings, accommodations, lands, buildings, structures, or facilities embraced in any farm labor center, and, subject to the requirements for occupancy contained in this part, establish the rents and charges therefor. (Amended by Stats. 1975, Ch. 1240.)
  85. 36060.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Each housing authority must run its farm labor centers efficiently and set dwelling rents high enough to cover operating and maintenance costs and certain debt-related and reserve 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36060. It is hereby declared to be the policy of the State that each housing authority shall manage and operate its farm labor centers in an efficient manner and that it shall establish the rentals for dwelling at rents sufficient to cover costs of operation and maintenance, including amounts necessary for payments in lieu of taxes and creation of necessary reserves, and the payment of currently maturing installments of principal and interest on any indebtedness incurred in connection with the acquisition, construction, or improvement of such farm labor center. (Added by Stats. 1963, Ch. 1515.)
  86. 36061.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Each housing authority must set up reserves it considers reasonable for maintaining, improving, expanding, and eventually disposing of the farm labor center.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36061. Each housing authority shall establish reserves which it determines to be reasonable for the maintenance, improvement, and expansion of the farm labor center and its eventual disposition. (Added by Stats. 1963, Ch. 1515.)
  87. 36062.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Housing authorities must admit only certain eligible people to farm labor center occupancy, and qualifying people may be admitted regardless of low income.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36062. Each housing authority shall admit to occupancy in a farm labor center only single persons and families whose principal source of income is derived from agricultural work and employees of the authority whose residence on the center is necessary to its efficient operation; and such persons, families, and employees, if they qualify for admission under these standards, may be admitted to such occupancy without regard to whether or not they have low incomes. “Agricultural work” means work performed on a farm or in the handling, packing, processing, freezing, canning, or shipping of agricultural produce of the immediate area. (Added by Stats. 1963, Ch. 1515.)
  88. 36063.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Farm labor center properties are exempt from taxation, and a housing authority may make limited payments in lieu of taxes to taxing bodies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36063. A farm labor center is declared to be public property used for essential public and governmental purposes and is for a public use and purpose and involves a governmental function of state concern. As a matter of legislative determination, it is hereby found and declared that the properties involved in farm labor centers are of such character and shall be exempt from taxation. A housing authority may make payments in lieu of taxes out of revenues of such farm labor center to the taxing bodies, except that in no event shall such payments in lieu of taxes to any taxing body exceed in any year the amount which would be received by the taxing body in taxes from the farm labor center if the farm labor center were privately owned and subject to taxation, provided that no such payments shall be made which will result in reducing reserves below the established maximum. (Added by Stats. 1963, Ch. 1515.)
  89. 36064.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

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    A housing authority may borrow money from listed public and private sources, issue notes, and secure them by encumbering assets through 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36064. A housing authority may 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. (Added by Stats. 1963, Ch. 1515.)
  90. 36065.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Members of the housing authority and people who execute a note authorized by this part are not personally liable on that note because it was issued under 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36065. The members of the housing authority, or any person executing a note authorized by this part, shall not be liable personally on any such note by reason of the issuance thereof hereunder. (Added by Stats. 1963, Ch. 1515.)
  91. 36066.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    The housing authority may dispose of a farm labor center, in whole or in part, if its commissioners resolve that the operation is no longer needed and the local governing body concurs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36066. Any farm labor center may be disposed of in whole or in part by the housing authority after the commissioners of the housing authority determine by resolution with the concurrence of the local governing body that the need for the operation of the housing, or any part thereof, pursuant to the provisions of this part, no longer exists. (Added by Stats. 1963, Ch. 1515.)
  92. 36067.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    Prior farm labor center acquisitions, transfers, contracts, operations, and disposals by a housing authority are validated if they 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36067. Every acquisition of, transfer to, and contract for the acquisition of, a farm labor center or part thereof by a housing authority from the federal government and the operation and disposal of such farm labor center by the housing authority heretofore completed, executed, made, or done, which acquisition, operation, or disposal of a farm labor center conforms to the requirements of this part is hereby validated, confirmed, ratified and declared legally effective, and all acts and proceedings heretofore taken by or on behalf of any housing authority for such acquisition, contract for the acquisition, or the operation or disposal of a farm labor center are hereby confirmed, validated and declared legally effective. This part shall be construed to supply such legislative authorization as might have been necessary to authorize such acquisition, contract for acquisition, operation, or disposal of a farm labor center by a housing authority. (Added by Stats. 1963, Ch. 1515.)
  93. 36068.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A qualifying farm labor center must be treated as a housing project and run by the housing authority, not as a farm labor center under 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 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36068. Anything in this part to the contrary notwithstanding, any farm labor center containing more than 20 per centum of standard housing units heretofore or hereafter acquired by a housing authority as a low rent housing project in accordance with the provisions of Article XXXIV of the Constitution of the State of California and following an election held for that purpose in the manner provided in that article, shall be deemed to be a “housing project” as defined by Section 34212 of this code and shall be operated by the housing authority so acquiring the same under and pursuant to the Housing Authorities Law of the State of California, and shall not be deemed to be or operated as a farm labor center under this part. (Amended by Stats. 1965, Ch. 974.)
  94. 36069.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A housing authority running a farm labor center may not limit agricultural workers’ occupancy of housing units to under 270 days if the Director of Agriculture certifies the workers will be kept in the area by seasonal crops.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36069. No housing authority operating a farm labor center shall limit the period of occupancy of housing units therein by agricultural workers to less than 270 days, if the Director of Agriculture certifies that there are seasonal crops that would keep such workers in the immediate area for such period of time. (Added by Stats. 1968, Ch. 730.)
  95. 36070.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A county has the powers given to housing authorities under this part for establishing and maintaining farm labor centers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36070. Notwithstanding any other provision of law, a county shall have all the powers granted to housing authorities by this part with relation to the establishment and maintenance of farm labor centers. (Added by Stats. 1969, Ch. 420.)
  96. 36071.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    The Commission of Housing and Community Development must adopt, amend, and repeal rules and regulations, and the Department of Housing and Community Development must enforce them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36071. The Commission of Housing and Community Development shall adopt, amend, repeal, and the Department of Housing and Community Development shall enforce rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public governing housing provided pursuant to this part, which shall control the erection, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of such housing. (Added by Stats. 1971, Ch. 1720.)
  97. 36072.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. )

    Verify source ↗

    A housing authority must follow Sections 34331, 34332, and 34333 when acting within its area of operation and dealing with farm labor centers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7. FARM LABOR CENTER LAW [36050 - 36072] ( Part 7 added by Stats. 1963, Ch. 1515. ) ## 36072. Within its area of operation and with reference to farm labor centers, a housing authority shall comply with the provisions of Sections 34331, 34332, and 34333. The covenant required by subdivision (a) of Section 34332 shall incorporate the regulations adopted pursuant to Section 36071, rather than the State Housing Law, Part 1.5 (commencing with Section 17910) of Division 13, and the rules and regulations promulgated pursuant thereto, if the lease is made subsequent to the effective date of the regulations adopted pursuant to Section 36071. (Added by Stats. 1974, Ch. 1112.)
  98. 36100.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The Legislature states that solving urban problems requires flexible federal assistance, capable local governments, coordinated government programs, and integrated 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. ) ## 36100. The Legislature finds that developing an urban problem-solving capability requires that: (a) Federal assistance be offered in a flexible manner which allows state and local governments to define their needs, set their priorities, and design programs which respond directly to local conditions. (b) Local governments have the skills and resources needed to lead urban problem-solving efforts. (c) Local, state, and federal governments coordinate their independent programs so that their resources will be concentrated on the most pressing urban problems. (d) Government develop programs which integrate specialized services of different agencies to meet the multifaceted nature of urban problems, and specifically coordinate and integrate physical and social planning and delivery of services. (Added by Stats. 1971, Ch. 1462.)
  99. 36101.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    This section says the Legislature found that the Model Cities program provides demonstration efforts in 150 cities, including 11 in California, and states the program’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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. ) ## 36101. The Legislature further finds that the Comprehensive City Demonstration Programs, authorized under the provisions of Title I of Public Law 89-754 (42 U.S.C. 3301 et seq.) and commonly known as the “Model Cities” program, provide demonstration efforts in 150 cities throughout the United States, 11 of which are in California. The Model Cities Program is a major federal effort to meet the overall requirements for developing an urban problem-solving capability. The purpose of this program is to: (a) Provide flexible bloc grants to local governments and waive restrictions in existing categorical grant-in-aid programs to permit state and local governments to respond to local conditions and design creative and innovative programs. (b) Seek to develop in local governments the skills, resources, and community support needed for effective leadership in urban problem-solving efforts. (c) Seek to coordinate and concentrate the resources of all levels of government on locally defined urban problems. (d) Provide opportunities for government to develop programs which integrate the specialized services of various professional agencies. (Added by Stats. 1971, Ch. 1462.)
  100. 36102.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The Legislature states that California’s Model Cities program needs significant state interest and cooperation to succeed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. ) ## 36102. The Legislature further finds that, because of the state’s extensive involvement in the programs which directly affect Model Cities areas, the Model Cities program will not succeed in California without significant state interest and cooperation. (Added by Stats. 1971, Ch. 1462.)
  101. 36103.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    California declares a policy to cooperate with and assist the Model Cities program, coordinate state services in Model Cities areas, and use the program to develop innovative programs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 1. Legislative Findings and Declarations [36100 - 36103] ( Article 1 added by Stats. 1971, Ch. 1462. ) ## 36103. The Legislature hereby declares that it is the policy of the State of California to cooperate with and assist the Model Cities program in California, to coordinate state services in Model Cities areas, and to use the Model Cities program as an opportunity for developing innovative programs, especially those programs which would integrate or combine the specialized services of various departments and agencies of state government. (Added by Stats. 1971, Ch. 1462.)
  102. 36105.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 2. Definitions [36105- 36105.] ( Article 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    This section defines “Coordinator” and “Board” for 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 2. Definitions [36105- 36105.] ( Article 2 added by Stats. 1971, Ch. 1462. ) ## 36105. As used in this part: (a) “Coordinator” means the Model Cities Coordinator. (b) “Board” means a local Model Cities resources board. (Added by Stats. 1971, Ch. 1462.)
  103. 36107.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 3. Termination [36107- 36107.] ( Article 3 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    This section says the part stays in effect until the federal Model Cities program expires or until the Governor designates otherwise after finding the part is no longer 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 1. General Provisions and Definitions [36100 - 36107] ( Chapter 1 added by Stats. 1971, Ch. 1462. ) ## ARTICLE 3. Termination [36107- 36107.] ( Article 3 added by Stats. 1971, Ch. 1462. ) ## 36107. The provisions of this part shall have force and effect until such time as the provisions of Title I of Public Law 89-754 (42 U.S.C. 3301 et seq.), commonly known as the “Model Cities” program, shall expire, or until such time as the Governor shall designate upon a finding that the provisions of this part are no longer needed in seeking solutions to end our problems. (Added by Stats. 1971, Ch. 1462.)
  104. 36110.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The Governor must appoint a Model Cities Coordinator.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36110. The Governor shall appoint a Model Cities Coordinator. (Added by Stats. 1971, Ch. 1462.)
  105. 36111.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must direct specified state departments to ask local Model Cities programs for assistance requests and must make sure state agencies provide assistance whenever possible.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36111. The coordinator shall, pursuant to the provisions of Chapters 3 (commencing with Section 36120) and 4 (commencing with Section 36130) of this part, require those state departments specified in Section 36130 to solicit requests for assistance from local Model Cities programs and shall insure that state agencies provide assistance whenever possible. (Added by Stats. 1971, Ch. 1462.)
  106. 36112.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must coordinate all state activities in Model Cities areas in the state and may form interdepartmental task forces when needed to carry out 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36112. The coordinator shall coordinate all state activities in Model Cities areas in the state and may constitute such interdepartmental task forces as are necessary to effectuate the purposes of this part. (Added by Stats. 1971, Ch. 1462.)
  107. 36113.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must act as the principal liaison officer between state government and local communities for Model Cities programs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36113. The coordinator shall serve as the principal liaison officer between state government and local communities for Model Cities programs. (Added by Stats. 1971, Ch. 1462.)
  108. 36114.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    State departments and agencies must provide information and assistance for this part when the coordinator requests 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36114. Each department or agency of the state shall provide such information and assistance in carrying out the purposes of this part as the coordinator may request. (Added by Stats. 1971, Ch. 1462.)
  109. 36115.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must prepare and update a State Guide for Model Cities as 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36115. The coordinator shall prepare and update as necessary a State Guide for Model Cities. This guide shall include, but shall not be limited to, information on: (a) The administration and funding of federal and state programs of potential benefit to Model Cities programs. (b) State department personnel assigned to assist Model Cities programs. (Added by Stats. 1971, Ch. 1462.)
  110. 36116.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must report to the Governor and the Legislature by March 1, 1972, and every year after that, on the state role in the Model Cities 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 2. Model Cities Coordinator [36110 - 36116] ( Chapter 2 added by Stats. 1971, Ch. 1462. ) ## 36116. The coordinator shall report to the Governor and to the Legislature no later than March 1, 1972, and annually thereafter, on the state role in the Model Cities program. Such annual report shall include, but shall not be limited to the following items: (a) A review of state activities to assist communities in the design, development, and implementation of community projects in the Model Cities programs. (b) A review of the Model Cities component in state plans prepared for federal grant-in-aid programs. (c) Recommendations for statutory changes which would improve the effectiveness of Model Cities objectives. (d) An analysis of the total concentration of effort by the state for Model Cities purposes. (e) A description of projected activities of various state departments and agencies in the Model Cities program. (Added by Stats. 1971, Ch. 1462.)
  111. 36120.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 3. State Participation [36120 - 36121] ( Chapter 3 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must develop goals for state participation in the Model Cities program, working with specified state officials and any other executive officers the Governor designates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 3. State Participation [36120 - 36121] ( Chapter 3 added by Stats. 1971, Ch. 1462. ) ## 36120. (a) The coordinator, in cooperation with the Secretary of the Human Relations Agency, the Superintendent of Public Instruction, the Director of the Office of Planning, and any other executive officers the Governor may designate, shall develop goals for state participation in the Model Cities program. (b) In order to take advantage of the opportunities for program innovation offered by the Model Cities program, one set of the goals for state participation shall be directed toward interdisciplinary program development, such as programs for early childhood development, community treatment as an alternative to criminal incarceration, and community services. (Amended by Stats. 2011, Ch. 36, Sec. 18. (SB 92) Effective June 30, 2011. Operative January 1, 2012, by Sec. 83 of Ch. 36.)
  112. 36121.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 3. State Participation [36120 - 36121] ( Chapter 3 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator must review federal grant-in-aid programs and available experimental and demonstration project funds to help determine the best use of those funds for the Model Cities 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 3. State Participation [36120 - 36121] ( Chapter 3 added by Stats. 1971, Ch. 1462. ) ## 36121. In carrying out the provisions of this chapter, the coordinator, in cooperation with the appropriate state officials, shall review the federal grant-in-aid programs and the available experimental and demonstration project funds to determine the most effective use which can be made of such funds in achieving the goals of state participation in the Model Cities program. (Added by Stats. 1971, Ch. 1462.)
  113. 36130.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    Department directors listed in this section must designate or arrange local liaison personnel for the state’s Model Cities programs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. ) ## 36130. The directors of the following departments of state government shall designate or arrange for the designation of local liaison personnel to assist each of the Model Cities programs in the state: Department of Corrections and Rehabilitation Department of Education Department of Health Care Services Department of Housing and Community Development Department of Human Resources Development Department of Industrial Relations State Department of Public Health Department of Public Works Department of Rehabilitation Department of Social Services Department of Corrections and Rehabilitation, Division of Juvenile Facilities (Amended by Stats. 2014, Ch. 144, Sec. 39. (AB 1847) Effective January 1, 2015.)
  114. 36131.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The coordinator may create local Model Cities resources boards in counties that have one or more Model Cities programs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. ) ## 36131. The coordinator may constitute local Model Cities resources boards in each county with one or more Model Cities programs consisting of local liaison personnel designated pursuant to Section 36130 and of any other representatives. (Added by Stats. 1971, Ch. 1462.)
  115. 36132.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. )

    Verify source ↗

    The boards must meet when the coordinator says it is necessary and must report annually to the coordinator on county participation in the Model Cities 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 7.5. MODEL CITIES [36100 - 36132] ( Part 7.5 added by Stats. 1971, Ch. 1462. ) ## CHAPTER 4. Local Model Cities Resources Board [36130 - 36132] ( Chapter 4 added by Stats. 1971, Ch. 1462. ) ## 36132. The boards shall meet as often as the coordinator determines is necessary with mayors of cities with Model Cities programs and their citizens group, with members of the city demonstration agencies, and with the appropriate federal officials in order to do all of the following: (a) Assist Model Cities programs with the design, development, and operation of community projects. (b) Provide information to local Model Cities programs regarding the availability of state and federal assistance. (c) Assist in coordinating the functions of local, state, and federal agencies in Model Cities programs to achieve locally defined objectives. (d) Report annually to the coordinator on the county’s participation in the Model Cities program. (Added by Stats. 1971, Ch. 1462.)
  116. 37000.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. )

    Verify source ↗

    This section says the part is meant to clarify how Article XXXIV applies and defines certain terms by reference to Article XXXIV.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. ) ## 37000. The Legislature finds and declares that Article XXXIV of the State Constitution was approved by the voters for the purpose of providing a mechanism for expressing community concern regarding the development, acquisition, or construction of federally subsidized conventional public housing projects. Such developments typically were different from and inconsistent with housing developments provided by the private sector. Such differences included architecture, design, and locational standards as well as the level of amenities provided. Such developments were occupied entirely by persons of low income, and usually were not subject to ad valorem property taxes. The Legislature finds and declares that new forms of housing assistance can provide housing for persons of low income in a manner consistent with and supportive of optimum community improvement. Such forms of housing assistance may allow for mixed income occupancy in developments representative of and competitive with similar market rate developments provided by the private sector. Such mixed income developments are frequently comparable to market rate projects in terms of architecture, design, and locational standards as well as the level of amenities provided, and may be subject to ad valorem property taxes. Recognizing that new forms of housing assistance provide new approaches for housing persons of low income, it is the intent of the Legislature in enacting Sections 37001, 37001. 3, and 37001.5 to clarify ambiguities relating to the scope of the applicability of Article XXXIV which now exist. Therefore, and pursuant to Section 2 of Article XXXIV, this part is enacted in order to facilitate the operation of Article XXXIV and is consistent with the provisions of that article. The terms “state public body” and “persons of low income” as used in this part have the same meaning as in Article XXXIV. (Amended by Stats. 1979, Ch. 692.)
  117. 37001.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. )

    Verify source ↗

    This section says the term “low-rent housing project” does not apply to certain housing developments if they meet one of the listed criteria.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. ) ## 37001. The term “low-rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria: (a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income. (b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body. (c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy. (d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites. (e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units. (f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5. (g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households. (h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following: (1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136). (2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2). (3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. (4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. (5) Moneys appropriated and disbursed pursuant to the Behavioral Health Infrastructure Bond Act of 2024 (Chapter 4 (commencing with Section 5965) of Part 7 of Division 5 of the Welfare and Institutions Code). (Amended by Stats. 2025, Ch. 22, Sec. 43. (AB 130) Effective June 30, 2025.)
  118. 37001.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. )

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    For this housing-purpose rule, the state public body must keep the maximum income for “persons of low income” at or below the maximum income for lower income households.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. ) ## 37001.3. The maximum income of “persons of low income,” as determined by the state public body, developing, constructing, or acquiring the property, for purposes of Section 1 of Article XXXIV of the State Constitution, shall not exceed the maximum income of lower income households, as defined in Section 50079.5. (Added by Stats. 1979, Ch. 692.)
  119. 37001.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. )

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    This section says the phrase “develop, construct, or acquire” in Article XXXIV does not apply to certain activities of a 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 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. ) ## 37001.5. The words “develop, construct, or acquire,” as used in Section 1 of Article XXXIV of the State Constitution, shall not be interpreted to apply to activities of a state public body when that body does any of the following: (a) Provides financing, secured by a deed of trust or other security instrument to a private owner of existing housing; or acquires a development, for which financing previously has been provided, as a temporary measure to protect its security and with an intention to change the ownership so that it will not continue to be the owner of a low-rent housing project. (b) Acquires or makes improvements to land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided (1) the land and improvements thereon are not subject to an exemption from property taxation by reason of public ownership for more than five years following acquisition or improvement by the state public body, or (2) such an exemption from property taxation persists beyond the five-year period and no alternative use is designated for the land or improvements, but any property tax revenues lost by affected taxing agencies on account of the exemption of land or improvements from property taxes by reason of public ownership of the property, or any interest in the property after the five-year period, are fully reimbursed by payments in lieu of taxes following the expiration of the five-year period. (c) Leases existing dwelling units from the private owner of such units, provided the lease or a subtenancy thereunder does not result in a decrease of property tax revenues with respect to the dwelling units leased. (d) Provides assistance to the private owner or occupant of existing housing which enables an occupant to live in decent, safe, and sanitary housing at a rent he or she can afford to pay. (e) Provides assistance to a low-rent housing project and monitors construction or rehabilitation of that project and compliance with conditions of that assistance to the extent of: (1) Carrying out routine governmental functions. (2) Performing conventional activities of a lender. (3) Imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance. (f) Provides assistance to a development prior to its becoming a low-rent housing project without intending or expecting that the development will become a low-rent housing project, as defined. (g) Provides financing for a low-rent housing project pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31. (h) Provides financing for a low-rent housing project pursuant to Article 3.2 (commencing with Section 987.001) and Article 5y (commencing with Section 998.540) of Chapter 6 of Division 4 of the Military and Veterans Code. This subdivision shall apply to all low-rent housing projects that convert the project’s financing to permanent financing after January 1, 2017. (Amended by Stats. 2016, Ch. 344, Sec. 5. (SB 835) Effective September 13, 2016.)
  120. 37002.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. )

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    If part of this law is invalid, the rest still applies if it can work without the invalid 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 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW [37000 - 37002] ( Part 8 added by Stats. 1976, Ch. 1339. ) ## 37002. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 1976, Ch. 1339.)
  121. 37600.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. )

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    This section says Part 10 is called the Marks Historical Rehabilitation Act of 1976 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. ) ## 37600. This part shall be known and may be cited as the Marks Historical Rehabilitation Act of 1976. (Added by Stats. 1976, Ch. 1345.)
  122. 37601.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    The state policy is to preserve, protect, and restore historical and architectural resources, and local governments are authorized to make long-term, low-interest rehabilitation loans.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. ) ## 37601. The Legislature finds and declares that properties and structures of historical or architectural significance are an essential public resource and that it is necessary and essential that cities, counties, and cities and counties be authorized to make long-term, low-interest loans to finance the rehabilitation of properties of historic or architectural significance. Unless local agencies have the authority to provide loans for the rehabilitation of historic properties, many properties of historic or architectural significance will continue to deteriorate at an accelerated rate because loans from private sources are not sufficiently available for their rehabilitation. It shall be the policy of the state to preserve, protect, and restore the historical and architectural resources of the state. (Added by Stats. 1976, Ch. 1345.)
  123. 37602.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. )

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    This section defines key terms used in the historical rehabilitation 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. ) ## 37602. Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by a local agency pursuant to this part and which are payable exclusively from the revenues, as defined in subdivision (k), and from any other funds specified in this part upon which the bonds may be made a charge and from which they are payable. (b) “Financing” means the lending of money or thing of value for the purpose of historical rehabilitation of historical properties and includes refinancing of outstanding indebtedness of the participating party with respect to property which is subject to historical rehabilitation, the acquisition of historical properties for the purpose of historical rehabilitation, or the acquisition of historical properties rehabilitated by a redevelopment agency functioning pursuant to Part 1 (commencing with Section 33000) of this division. (c) “Historical rehabilitation” means the reconstruction, restoration, renovation, or repair of the interiors or exteriors of historical properties or their relocation for the purposes of restoring or preserving their historical or architectural significance or authenticity, preventing their deterioration or destruction, continuing their use, providing for their feasible reuse, or providing for the safety of the occupants or passersby. “Historical rehabilitation” includes, but is not limited to, the repairing of architectural facades or ornamentation; removal of inappropriate additions or materials; replacement of facades, ornamentation, or architectural elements previously removed; repairing of roofs, foundations, and other essential structural elements; installing parking areas, if required by local regulation or law for the use for which the property is intended after rehabilitation; or any work done on a historical property in order to comply with rehabilitation standards. “Historical rehabilitation” also includes the cost of interest during construction on a historical rehabilitation loan and incidental expenses directly relating to the historical rehabilitation, including but not limited to architect and engineering fees and the costs of financing. “Historical rehabilitation” does not include the purchase, installation, or restoration of furnishings. Notwithstanding the foregoing, “historical rehabilitation” includes, but is not limited to, the purchase and installation of fixtures necessary for the use for which the property is intended after rehabilitation. By way of example and not limitation, equipment may include fire escapes, if required by local regulation for the use, and heating-ventilating-and-air-conditioning systems; if the intended use is a restaurant, “historical rehabilitation” may include, but is not limited to, the purchase and installation of fixed improvements which are installed as part of the historical property, including stoves, refrigerators, freezers, sinks, dishwashers, and work tables, but shall not include furnishings, such as pots, pans, dishes, or silverware. (d) “Historical rehabilitation area” is a geographic area, with specific boundaries, which is designated by a local agency as an area in which a historical rehabilitation financing program shall apply. It may encompass the entire jurisdiction of the local agency, or any portions thereof, including single parcels. (e) “Historical property” means any building or part thereof, object, structure, monument, or collection thereof deemed of importance to the history, architecture, or culture of an area as determined by an appropriate governmental agency. An appropriate governmental agency is a local official historic preservation board or commission, a legislative body of a local agency, or the State Historical Resources Commission. “Historical property” includes objects, buildings, structures, monuments, or collections thereof on existing national, state, or local historical registers or official inventories, such as the National Register of Historic Places and State Historical Landmarks. (f) “Legislative body” means the city council, board of supervisors, or other legislative body of the local agency. (g) “Local agency” means a city, county, city and county, or redevelopment agency functioning pursuant to Part 1 (commencing with Section 33000) of this division. (h) “Participating party” means any person, company, corporation, partnership, firm, local agency, political subdivision of the state, or other entity or group of entities requiring financing for historical rehabilitation pursuant to the provisions of this part. No elective officer of the state or any of its political subdivisions shall be eligible to be a participating party under the provisions of this part. (i) “Qualified mortgage lender” means a mortgage lender authorized by a local agency to do business with the local agency and to aid in financing pursuant to this chapter on behalf of the local agency, for which service the qualified mortgage lender shall be reasonably compensated. Such a mortgage lender shall be a state or national bank, a federally or state-chartered savings and loan association, or a trust company or mortgage broker which is capable of providing such service or otherwise aiding in financing pursuant to this chapter. (j) “Rehabilitation standards” means the applicable local or state standards for the rehabilitation of historical properties, including any higher standards adopted by the local agency as part of its historical rehabilitation financing program and including standards established pursuant to Part 2.7 (commencing with Section 18950) of Division 13, except that, for properties listed on or eligible for listing on the National Register of Historical Places, “rehabilitation standards” shall mean, at a minimum, those standards set forth by the United States Department of Interior as “The Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” as those standards may be applicable to any particular historical rehabilitation. (k) “Revenues” means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by, the local agency from the financing of historical rehabilitation, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of, or interest on, the bonds and such other moneys as the legislative body may, in its discretion, make available therefor. (Amended by Stats. 1984, Ch. 966, Sec. 1.)
  124. 37603.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. )

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    A local agency must provide information about its programs to the State Historic Preservation Officer when 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 1. General Provisions and Definitions [37600 - 37603] ( Chapter 1 added by Stats. 1976, Ch. 1345. ) ## 37603. The local agency on request shall submit information regarding its programs to the State Historic Preservation Officer. (Added by Stats. 1976, Ch. 1345.)
  125. 37620.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    The local agency may issue bonds and bond anticipation notes to finance historical rehabilitation and to fund or refund those bonds or notes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37620. The local agency may issue bonds and bond anticipation notes of the local agency for the purpose of financing historical rehabilitation authorized by this part and for the purpose of funding or refunding such bonds or notes. (Added by Stats. 1976, Ch. 1345.)
  126. 37621.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    The local agency may set and adjust fees, charges, and interest rates for historical rehabilitation financing, and may use related collection, security, and repayment arrangements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37621. The local agency may fix fees, charges, and interest rates for financing historical rehabilitation and may from time to time revise such fees, charges, and interest rates to reflect changes in interest rates on the local agency’s bonds, losses due to defaults, changes in loan servicing charges, or other expenses related to administration of the historical rehabilitation financing program. Any change in the interest rate shall conform to the provisions of Section 1916.5 of the Civil Code, except that paragraph (3) of subdivision (a) of Section 1916.5 shall not apply and that the “prescribed standard” specified in Section 1916.5 shall be periodically determined by the legislative body after hearing preceded by public notice to affected parties, and shall reflect changes in interest rates on the local agency’s bonds, losses due to defaults, and bona fide changes in loan servicing charges related to the administration of a program under the provisions of this part. The local agency may collect interest and principal together with such fees and charges incurred in such financing and may contract to pay any person, partnership, association, corporation, or public agency with respect thereto. The local agency may hold deeds of trust as security for financing historical rehabilitation and may pledge the same as security for repayment of bonds issued pursuant to this part. The local agency may establish the terms and conditions for the financing of historical rehabilitation undertaken pursuant to this part. The local agency may require that the full amount owed on any loan for historical rehabilitation made pursuant to this part shall be due and payable upon sale or other transfer of ownership of the property subject to such rehabilitation. (Added by Stats. 1976, Ch. 1345.)
  127. 37622.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    The local agency may hire or contract for certain professional services and pay reasonable related costs when it believes they are needed for successful historical rehabilitation 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37622. The local agency may employ or contract for any engineering, architectural, accounting, collection, economic feasibility, or other services in connection with the servicing of loans made to participating parties, which may be necessary or useful in the judgment of the local agency for the successful financing of the historical rehabilitation. The local agency may pay the reasonable costs of consulting engineers, architects, accountants, construction experts, and economic feasibility experts, if, in the judgment of the local agency, the services are necessary or useful to the successful financing of any historical rehabilitation. The local agency may employ, contract for, and fix the compensation of financing consultants, bond counsel, and other advisers as may be necessary or useful in its judgment to provide for the issuance and sale of any bonds or bond anticipation notes of the local agency. (Amended by Stats. 1984, Ch. 966, Sec. 2.)
  128. 37623.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    A local agency may do whatever is necessary or convenient to carry out this part’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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37623. In addition to all other powers specifically granted by this part, the local agency may do all things necessary or convenient to carry out the purposes of this part. (Added by Stats. 1976, Ch. 1345.)
  129. 37624.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    Bond repayment must come only from revenues, and the bond issuance cannot force the legislative body to tax or appropriate funds for payment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37624. Revenues shall be the sole source of funds pledged by the local agency for repayment of its bonds. Bonds issued under the provisions of this part shall not be deemed to constitute a debt or liability of the local agency or a pledge of the faith and credit of the local agency but shall be payable solely from revenues. The issuance of bonds shall not directly, indirectly, or contingently obligate the legislative body to levy or pledge any form of taxation or to make any appropriation for their payment. (Added by Stats. 1976, Ch. 1345.)
  130. 37625.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    Historical rehabilitation projects must follow local agency rules, and local agencies may acquire and dispose of property needed for financing those 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37625. All historical rehabilitation shall be constructed or completed subject to the rules and regulations of the local agency. A local agency may acquire by deed, purchase, lease, contract, gift, devise, or otherwise any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands necessary or convenient for the financing of historical rehabilitation, upon such terms and conditions as it deems advisable, and may lease, sell, or dispose of the same in such manner as may be necessary or desirable to carry out the objectives and purposes of this part. (Added by Stats. 1976, Ch. 1345.)
  131. 37626.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    Before bonds or bond anticipation notes for historical rehabilitation are issued, the legislative body must adopt a financing program by ordinance or 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37626. Prior to the issuance of any bonds or bond anticipation notes of the local agency for historical rehabilitation, the legislative body shall by ordinance or resolution adopt a historical rehabilitation financing program. The program shall include, but is not limited to, the following items: (a) Criteria for the selection of historical properties eligible for financing. The criteria may include, but are not limited to, the following items of architectural significance: (1) Structures or areas that embody distinguishing characteristics of an architectural style, period, method of construction, or architectural development in a city or county. (2) Notable works of a master builder, designer, or architect whose style influenced the city’s or county’s architectural development, or structures showing the evolution of an architect’s style. (3) Rare structures displaying a building type, design, or indigenous building form. (4) Structures which embody special architectural and design features. (5) Outstanding examples of structures displaying original architectural integrity, structurally or stylistically, or both. (6) Unique structures or places that act as focal or pivotal points important as a key to the character or visual quality of an area. (b) The criteria may include the following items of historical significance: (1) Sites and structures connected with events significant in the economic, cultural, political, social, civic, ethnic, or military history of a community, state, or nation. (2) Structures or areas identified with the lives of historical personages of a community, state, or nation. (3) Sites and groups of structures representing historical development patterns, including, but not limited to, urbanization patterns, railroads, agricultural settlements, and canals. (c) Criteria for the selection of historical rehabilitation areas may include, but are not limited to: (1) Areas constituting a distinct section of the city and having special character, historical, architectural, or aesthetic interest and value. (2) Areas providing significant examples of architectural styles of the past, or landmarks in the history of architecture. (3) Areas serving as a reminder of past eras, events, and persons important in local, state, or national history, and illustrating past living styles for future generations to observe, study, and inhabit. (4) Historical and culturally significant grounds, gardens, and objects. (d) Following the adoption of the criteria previously provided for in this section, the designation of one or more historical rehabilitation areas, including a description of the area, a map and other related information. (e) Outstanding loans on the property to be rehabilitated, including the amount of the loans for rehabilitation, shall not exceed 90 percent of the anticipated value of the property after rehabilitation. (f) The maximum repayment period for historical rehabilitation loans shall be 40 years or four-fifths of the economic life of the property, whichever is less. (g) No less than 90 percent of any loan for historical rehabilitation and shall be used for financing of historical rehabilitation, as defined in this part. (h) All historical rehabilitation financed pursuant to this chapter shall be done in compliance with the appropriate rehabilitation standards, as defined in subdivision (j) of Section 37602. (i) The participating party shall commence the historical rehabilitation of a historical property within five years and shall complete the historical rehabilitation of the historical property within 10 years of the date on which the participating party obtained financing pursuant to this part. (Amended by Stats. 1984, Ch. 966, Sec. 3.)
  132. 37627.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    This section says a historical rehabilitation financing program may include standards, limits, preservation assurances, public improvements, anti-displacement efforts, and rent-control provisions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37627. The historical rehabilitation financing program may include: (1) A requirement that rehabilitation financed by the program shall meet standards higher than the applicable state or local standards for rehabilitation of properties, including, but not limited to, design guidelines, standards of aesthetics, use of materials, integrity of design, or historical authenticity. (2) A provision for limitation of the degree or kind of historical rehabilitation eligible for financing, including, but not limited to, rehabilitation of parapets or dangerous parts of facades of historic properties. (3) A requirement that the local agency receive a legally binding assurance that the property rehabilitated with financing from this program shall be preserved, subject to reasonable conditions. The form and conditions of such assurance shall be specified in a historical rehabilitation financing program. (4) A capital outlay program for the historical rehabilitation area which identifies the public improvements needed to support private rehabilitation efforts. Such improvements may include street improvements, street closures, street fixtures, and landscaping. (5) If the program is likely to result in anticipated increases in rents or other housing costs which would cause displacement of residents of historic properties, or is likely to result in residents paying a disproportionately large percentage of their incomes for housing, a commitment that the local agency shall make efforts to prevent displacement of residents. Such efforts shall include, but are not limited to, utilization of federal, state, or local funding programs which may be available for rent subsidies. (6) A provision for control of rents if controls are included in order to prevent precipitous increases in rent which the rehabilitation would engender. Such provision may include a requirement that the borrower agree during the term of the loan not to raise the rental amount over an amount which the local agency establishes as a fair rate of return for similar investments and will allow for increases that are reasonably necessary to provide for proper maintenance of the property. (Added by Stats. 1976, Ch. 1345.)
  133. 37628.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    Before adopting an historical rehabilitation financing program and designating an historical rehabilitation area, the local agency must provide citizen participation opportunities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37628. Prior to the adoption of an historical rehabilitation financing program and the designation of an historical rehabilitation area, the local agency shall provide for citizen participation by persons who will be affected by historical rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the historical rehabilitation program. “Citizen participation” shall include, but is not limited to: (a) Holding a public meeting to inform the public of the proposed historical rehabilitation financing program. (b) Holding a public hearing prior to the adoption of the historical rehabilitation financing program and the designation of an historical rehabilitation area. (c) Public notice by the local agency, at least seven days in advance of a public meeting or hearing, in a newspaper of general circulation in the area, of the time and place of a meeting or hearing and a general description of the program. (d) Dissemination by the local agency, at least seven days in advance of a public meeting or hearing, by mailing to those individuals or groups which have requested notification, of information relating to the time and place of a meeting or hearing and a general description of the program. (e) Establishment of a citizen advisory board for the purpose of providing recommendations to the legislative body on the contents of the historical rehabilitation financing program. Members of the citizens advisory board shall be appointed by the legislative body and shall include one or more representatives of owners of properties affected by the program, one or more representatives of residents or occupants (if any) of properties to be affected by the program, one or more representatives of the local community groups (if any) known by the legislative body to be concerned with historical rehabilitation, and others as the legislative body may deem appropriate. An existing local official historic preservation board or commission may be appointed as the citizens advisory board, provided that, in addition, representatives as required by this section are also appointed. (Amended by Stats. 1984, Ch. 966, Sec. 4.)
  134. 37629.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

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    Financing under this part is conditioned on adopted criteria, location in a designated historical rehabilitation area, and a local agency finding that loaned funds will be used for historical rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37629. No financing shall be provided under this part until criteria required by Section 37626 have been adopted. Properties eligible for financing shall be located within a designated historical rehabilitation area. Prior to granting financial assistance, the local agency shall find that the funds loaned shall be used for the purpose of historical rehabilitation. (Amended by Stats. 1984, Ch. 966, Sec. 5.)
  135. 37630.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    The local agency must require non-discriminatory access for rehabilitated property and non-discriminatory employment and contracting for historical rehabilitation projects financed under 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37630. (a) The local agency shall require that any property that is rehabilitated with financing obtained under this part shall be open, upon sale or rental of any portion thereof, to all regardless of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. The local agency shall also require that contractors and subcontractors engaged in historical rehabilitation financed under this part provide equal opportunity for employment, without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code. All contracts and subcontracts for historical rehabilitation financed under this part shall be let without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 73) by Stats. 2013, Ch. 605, Sec. 43. (SB 752) Effective January 1, 2014.)
  136. 37631.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    A legal challenge to an historical rehabilitation financing program or the selection of historical properties must be filed within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 2. Powers and Procedures [37620 - 37631] ( Chapter 2 added by Stats. 1976, Ch. 1345. ) ## 37631. Any action challenging the legality of an historical rehabilitation financing program, or of the selection of historical properties for rehabilitation pursuant to this part, shall be commenced within 60 days of the adoption of such program or within 60 days of such selection. (Added by Stats. 1976, Ch. 1345.)
  137. 37640.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    A local agency may issue negotiable bonds or notes to finance historical rehabilitation, including bond anticipation notes, but any such note or renewal must mature within two years of the original note date.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37640. (a) A local agency may issue its negotiable bonds or notes for the purpose of financing historical rehabilitation, including the rehabilitation of (1) single properties for single participating parties, (2) a series of properties for a single participating party, (3) single properties for several participating parties, or (4) several properties for several participating parties. In anticipation of the sale of such bonds, the local agency may issue negotiable bond anticipation notes and may renew such notes from time to time. Bond anticipation notes may be paid from the proceeds of sale of the bonds of the local agency in anticipation of which they were issued. Bond anticipation notes and agreements relating thereto and the resolution or resolutions authorizing such notes and agreements may contain any provisions, conditions, or limitations which a bond, agreement relating thereto, or bond resolution of the local agency may contain except that any such note or renewal thereof shall mature at a time not later than two years from the date of the issuance of the original note. (b) Every issue of its bonds shall be a special obligation of the local agency payable from all or any part of the revenues specified in this part. The bonds shall be negotiable instruments for all purposes, subject only to the provisions of such bonds for registration. (Added by Stats. 1976, Ch. 1345.)
  138. 37641.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    A local agency may issue and sell certain bonds and related debt instruments, subject to resolution-based terms and a 6% maximum discount on bonds sold below par.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37641. The bonds may be issued as serial bonds or as term bonds, or the local agency, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the local agency and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates of issuance, bear interest at such fixed or variable rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America, at such place or places, and be subject to such terms of redemption as the resolution or resolutions of the local agency may provide. The bonds may be sold at either a public or private sale and for such prices as the local agency shall determine. Pending preparation of the definitive bonds, the local agency may issue interim receipts, certificates, or temporary bonds, which shall be exchanged for such definitive bonds. The local agency may sell any bonds, notes, or other evidence of indebtedness at a price below the par value thereof, but the discount on any bond so sold shall not exceed 6 percent of the par value thereof. (Added by Stats. 1976, Ch. 1345.)
  139. 37642.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    Bond resolutions may include listed terms and conditions, and those terms become part of the bondholders’ contract.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37642. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions respecting any of the following terms and conditions, which shall be a part of the contract with the holders of the bonds: (a) The pledge of all or any part of the revenues, as defined in this part, subject to such agreements with bondholders as may then exist. (b) The interest and principal to be received and other charges to be charged and the amounts to be raised each year thereby, and the use and disposition of the revenues. (c) The setting aside of reserves or sinking funds and the regulation and disposition thereof. (d) Limitations on the purposes to which the proceeds of a sale of any issue of bonds, then or thereafter issued, may be applied, and pledging such proceeds to secure the payment of the bonds or any issue of bonds. (e) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (f) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given. (g) Limitation on expenditures for operating, administration, or other expenses of the local agency. (h) Specification of the acts or omissions to act which shall constitute a default in the duties of the local agency to holders of its obligations, and providing the rights and remedies of such holders in the event of default. (i) The mortgaging of any property and the site thereof for the purpose of securing the bondholders. (j) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders. (Added by Stats. 1976, Ch. 1345.)
  140. 37643.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    Members of a local agency’s legislative body and anyone who executes the bonds or notes are not personally liable because the bonds or notes 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37643. Neither the members of the legislative body of the local agency nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. (Added by Stats. 1976, Ch. 1345.)
  141. 37644.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    A local agency may use available funds to buy its bonds or notes, and may hold, pledge, cancel, or resell them, if consistent with agreements with bondholders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37644. The local agency shall have the power out of any funds available therefor to purchase its bonds or notes. The local agency may hold, pledge, cancel, or resell such bonds, subject to and in accordance with agreements with the bondholders. (Added by Stats. 1976, Ch. 1345.)
  142. 37645.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    A local agency may use trust agreements and related bond documents to secure bonds for historical rehabilitation 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37645. In the discretion of the local agency, any bonds issued under the provisions of this part may be secured by a trust agreement by and between the local agency and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without this state. The trust agreement or the resolution providing for the issuance of bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged, and may convey or mortgage any historical property, the rehabilitation of which is to be financed out of the proceeds of bonds. The trust agreement or resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper and not in violation of law, including any provisions which may be included in any resolution or resolutions of the local agency authorizing the issuance of bonds pursuant to Section 37642. Any bank or trust company doing business under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish any indemnity bonds or pledge any securities which may be required by the local agency. Any trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any trust agreement or resolution may contain such other provisions which the local agency may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the cost of historical rehabilitation. (Amended by Stats. 1984, Ch. 966, Sec. 6.)
  143. 37646.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    Bond holders, coupon holders, and appointed trustees may use legal proceedings to enforce rights and compel the local agency and related officials to perform required duties, unless the bond resolution restricts those rights.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37646. Any holder of bonds issued under the provisions of this part or any of the coupons appertaining thereto, and the trustee or trustees appointed pursuant to any resolution authorizing the issuance of such bonds, except to the extent the rights thereof may be restricted by the resolution authorizing the issuance of the bonds, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect or enforce any and all rights specified in the laws of the state or in such resolution, and may enforce and compel the performance of all duties required by this part or by such resolution to be performed by the local agency or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, fees, interest, and charges authorized and required by the provisions of such resolution to be fixed, established, and collected. (Added by Stats. 1976, Ch. 1345.)
  144. 37647.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

    Verify source ↗

    Bonds issued under this part are not debts of the local agency, are payable only from specified funds, and must include a statement that the local agency’s faith, credit, and taxing power are not pledged.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37647. Bonds issued under the provisions of this part shall not be deemed to constitute a debt or liability of the local agency or a pledge of the faith and credit of the local agency, but shall be payable solely from the funds specified in this part. All such bonds shall contain on the face thereof a statement to the following effect: Neither the faith and credit nor the taxing power of the [local agency] is pledged to the payment of the principal of or interest on this bond. The issuance of bonds under the provisions of this part shall not directly, indirectly, or contingently obligate the local agency to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (Added by Stats. 1976, Ch. 1345.)
  145. 37648.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    A local agency may issue refunding bonds, use proceeds for redemption or retirement of outstanding bonds, place proceeds in escrow, invest escrowed funds, and use certain remaining proceeds for lawful purposes or additional historical rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37648. (a) The local agency may provide for the issuance of the bonds of the local agency for the purpose of refunding any bonds of the local agency then outstanding, including the payment of any redemption premiums thereof and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of such bonds, and, if deemed advisable by the local agency, for the additional purpose of paying all or any part of the cost of additional historical rehabilitation. (b) The proceeds of bonds issued for the purpose of refunding any outstanding bonds may, in the discretion of the local agency, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds, either at their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending such application, be placed in escrow, to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the local agency. (c) Pending use for purchase, retirement at maturity, or redemption of outstanding bonds, any proceeds held in escrow pursuant to subdivision (b) may be invested and reinvested as provided in the resolution authorizing the issuance of the bonds. Any interest or other increment earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and any interest or increment earned or realized from the investment thereof may be returned to the local agency to be used by it for any lawful purpose. (d) That portion of the proceeds of any such bonds designated for the purpose of paying all or any part of the cost of additional historical rehabilitation pursuant to subdivision (a) may be invested and reinvested in obligations of, or guaranteed by, the United States of America or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. (e) All bonds issued pursuant to this section shall be subject to the provisions of this part in the same manner and to the same extent as other bonds issued pursuant to this part. (Added by Stats. 1976, Ch. 1345.)
  146. 37649.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    Certain bonds issued under this part are treated as legal investments and may also be deposited with state or municipal officers and related public bodies in authorized situations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37649. Notwithstanding any other provisions of law, bonds issued pursuant to this part shall be legal investments for all trust funds, the funds of insurance companies, savings and loan associations, investment companies and banks, both savings and commercial, and shall be legal investments for executors, administrators, guardians, conservators, trustees, and all other fiduciaries. Such bonds shall be legal investments for state school funds and for any funds which may be invested in county, municipal, or school district bonds, and such bonds shall be deemed to be securities which may properly and legally be deposited with, and received by, any state or municipal officer or by any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including deposits to secure public funds. (Amended by Stats. 1979, Ch. 730.)
  147. 37650.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. )

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    Powers exercised under this part must benefit the people of the state and promote their health and welfare. Bonds or notes issued under this chapter, and their transfer and income, are exempt from state and local taxation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 3. Bonds and Notes [37640 - 37650] ( Chapter 3 added by Stats. 1976, Ch. 1345. ) ## 37650. The exercise of the powers granted by this part shall be in all respects for the benefit of the people of this state and for their health and welfare. Any bonds or notes issued under the provisions of this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions of the state. (Added by Stats. 1976, Ch. 1345.)
  148. 37660.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. )

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    A local agency may provide financing for historical rehabilitation projects, including to participating parties and qualified mortgage lenders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. ) ## 37660. The local agency may provide financing to any participating party for the purpose of historical rehabilitation authorized pursuant to an historical rehabilitation financing program. All agreements for loans shall provide that the architectural and engineering design of the historical rehabilitation shall be subject to the standards which may be established by the local agency and that the work of historical rehabilitation shall be subject to any supervision the local agency deems necessary. The local agency may provide financing to any qualified mortgage lender provided that the qualified mortgage lender shall use the financing to provide financing to any participating party for the purpose of historical rehabilitation authorized pursuant to a historical rehabilitation financing program pursuant to this chapter. (Amended by Stats. 1984, Ch. 966, Sec. 7.)
  149. 37661.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. )

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    Local agencies may make historical rehabilitation loan agreements and set related rates, fees, and charges.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. ) ## 37661. The local agency may enter into loan agreements with any participating party or qualified mortgage lender relating to historical rehabilitation of any kind or character. The terms and conditions of the loan agreements may be as mutually agreed upon. Any loan agreement may provide the means or methods by which any mortgage taken by the local agency shall be discharged, and it shall contain any other terms and conditions which the local agency may require. The local agency is authorized to fix, revise, charge, and collect interest and principal and all other rates, fees, and charges with respect to financing of historical rehabilitation. The rates, fees, charges, and interest shall be fixed and adjusted so that the aggregate of the rates, fees, charges, and interest will provide funds sufficient with other revenues and moneys which it is anticipated will be available therefor, if any, to do all of the following: (a) Pay the principal of and interest on outstanding bonds of the local agency issued to finance the historical rehabilitation as the same shall become due and payable. (b) Create and maintain reserves required or provided for in any resolution authorizing bonds. A sufficient amount of the revenues derived from historical rehabilitation may be set aside at regular intervals as may be provided by the resolution in a sinking or other similar fund, which is hereby pledged to, and charged with, the payment of the principal of and interest on the bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. The pledge shall be valid and binding from the time the pledge is made. The rates, fees, interest, and other charges, revenues, or moneys so pledged and thereafter received by the local agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the local agency, irrespective of whether the parties have notice thereof. Neither the resolution nor any loan agreement by which a pledge is created need be filed or recorded except in the records of the local agency. The use and disposition of moneys to the credit of the sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of bonds. Except as may otherwise be provided in the resolution, the sinking or other similar fund may be a fund for all bonds of the local agency issued to finance the rehabilitation of the historical property of a particular participating party without distinction or priority. The local agency, however, in the resolution may provide that the sinking or other similar fund shall be the fund for a particular historical rehabilitation project or projects and for the bonds issued to finance the historical rehabilitation project or projects and may, additionally, authorize and provide for the issuance of bonds having a lien with respect to the security authorized by this section which is subordinate to the lien of other bonds of the local agency, and, in which case, the local agency may create separate sinking or other similar funds securing the bonds having the subordinate lien. (c) Pay operating and administrative costs of the local agency incurred in the administration of the program authorized by this part. (Amended by Stats. 1984, Ch. 966, Sec. 8.)
  150. 37662.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. )

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    Money received under this part must be treated as trust funds, and any bank or trust company holding them must act as trustee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 4. Rehabilitation Loans [37660 - 37662] ( Chapter 4 added by Stats. 1976, Ch. 1345. ) ## 37662. All moneys received pursuant to the provisions of this part, whether proceeds from the sale of bonds or revenues, shall be deemed to be trust funds to be held and applied solely as provided in this part. Any bank or trust company in which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes specified in this part, subject to the terms of the resolution authorizing the bonds. (Added by Stats. 1976, Ch. 1345.)
  151. 37680.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. )

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    This part must be interpreted liberally so its purposes are carried out.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. ) ## 37680. This part being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. (Added by Stats. 1976, Ch. 1345.)
  152. 37681.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. )

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    A defect or omission in the proceedings does not invalidate the proceedings or related bonds if the legislative body's jurisdiction to order the proposed act is unaffected.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. ) ## 37681. If the jurisdiction of the legislative body to order the proposed act is not affected, an omission of any officer or the local agency in proceedings under this part or any other defect in the proceedings shall not invalidate the proceedings or bonds issued pursuant to this part. (Added by Stats. 1976, Ch. 1345.)
  153. 37682.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. )

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    A local agency may issue bonds to finance historical rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 5. Construction and Effect [37680 - 37682] ( Chapter 5 added by Stats. 1976, Ch. 1345. ) ## 37682. This part is full authority for the issuance of bonds by a local agency for the purpose of financing historical rehabilitation. (Added by Stats. 1976, Ch. 1345.)
  154. 37683.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 6. Supplemental and Additional Authority [37683 - 37684] ( Heading of Chapter 6 amended by Stats. 1977, Ch. 579. )

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    This section says the part is a supplemental, additional, and alternative method, and that bonds and refunding bonds issued under it do not have to follow other laws that would otherwise 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 6. Supplemental and Additional Authority [37683 - 37684] ( Heading of Chapter 6 amended by Stats. 1977, Ch. 579. ) ## 37683. This part shall be deemed to provide a complete, additional, and alternative method for doing the things authorized thereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of bonds and refunding bonds under the provisions of this part need not comply with the requirements of any other law applicable to the issuance of bonds. (Added by Stats. 1976, Ch. 1345.)
  155. 37684.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 6. Supplemental and Additional Authority [37683 - 37684] ( Heading of Chapter 6 amended by Stats. 1977, Ch. 579. )

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    An action may be brought under the referenced civil procedure chapter to test the validity of bonds and the legality of related prior or proposed 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 10. HISTORICAL REHABILITATION [37600 - 37684] ( Part 10 added by Stats. 1976, Ch. 1345. ) ## CHAPTER 6. Supplemental and Additional Authority [37683 - 37684] ( Heading of Chapter 6 amended by Stats. 1977, Ch. 579. ) ## 37684. 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 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. 1976, Ch. 1345.)
  156. 37910.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. )

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    This section says the part may be called the Marks-Foran Residential Rehabilitation Act of 1973.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. ) ## 37910. This part shall be known and may be cited as the Marks-Foran Residential Rehabilitation Act of 1973. (Added by Stats. 1973, Ch. 1201.)
  157. 37911.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. )

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    Certain local agencies are authorized to finance residential rehabilitation and related housing work in depressed residential areas.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. ) ## 37911. The Legislature hereby finds and declares that it is necessary and essential that cities, counties, and cities and counties, and redevelopment agencies and housing authorities within such cities, counties, and cities and counties, be authorized to make long-term, low-interest loans to finance residential rehabilitation in depressed residential areas in order to encourage the upgrading of property in such areas. Unless such local agencies intervene to provide some form of assistance to finance residential rehabilitation, many depressed residential areas will deteriorate at an accelerated pace because property owners are not able to obtain rehabilitation loans from private sources. The Legislature further finds and declares that many depressed residential areas contain scattered vacant parcels and residences that are so severely deteriorated that they must be demolished. The existence of such conditions in residential rehabilitation areas often impedes the progress of residential rehabilitation and improvement. It is, therefore, necessary that local agencies be authorized to include new construction in the form of residential infill construction as an integral part of a residential rehabilitation financing program. The Legislature also finds and declares that preservation of existing housing stock is a primary purpose of this part. Much housing exists that can be preserved if moved from one location to another. It is, therefore, necessary that local agencies be authorized to include such preservation in the form of move-on residences. (Amended by Stats. 1982, Ch. 1160, Sec. 1.)
  158. 37912.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. )

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    This section defines key terms used in residential rehabilitation financing and sets some citizen participation 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. ) ## 37912. Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by a local agency pursuant to this part and which are payable exclusively from the revenues, as defined in subdivision (k), and from any other funds specified in this part upon which the bonds may be made a charge and from which they are payable. (b) “Citizen participation” means action by the local agency to provide persons who will be affected by residential rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the residential rehabilitation program. “Citizen participation” shall include, but not be limited to, all of the following and in the order provided below: (1) Holding a public meeting prior to the original hearing by the legislative body for the purpose of considering selection of the area for designation and determining the method of notice to property owners which will be used pursuant to paragraph (3). (2) Consultation with an elected or appointed citizen advisory board of a proposed residential rehabilitation area. The members of the board shall include, to the greatest extent feasible, representatives of resident owners, nonresident owners, and resident tenants of both single-family and multiple-family residential structures who are not apartment managers, resident agents, or employees of property owners. The duties of the board are to develop a plan for public improvements and the rules and regulations for implementation of the proposed residential rehabilitation program. (3) Dissemination of information relating to the time and location of the hearing, boundaries of the proposed residential rehabilitation area, and a general description of the proposed residential rehabilitation program by one of the following methods as determined by the legislative body at the public meeting provided in paragraph (1): (A) At least seven days prior to the original hearing, by mailing to all real property owners within the proposed residential rehabilitation area at the address shown on the latest assessment roll and by distribution to residents of the proposed residential rehabilitation area in a manner determined to be appropriate by the local agency. (B) After express findings by the legislative body at the public meeting provided in paragraph (1) at lower expense and effective notice at least equal to the mailed and distributed notice provided in subparagraph (A), by a method determined by the legislative body which includes, but is not limited to, publication of such notice pursuant to Section 6066 of the Government Code and posting of such notice at no less than three prominent places within the proposed residential redevelopment area and distribution to residents of the proposed residential rehabilitation area in a manner determined to be appropriate by the local agency. “Citizen participation” also includes any other means of citizen involvement determined appropriate by the legislative body. Public meetings and consultations held to implement the requirements of citizen participation shall be conducted by a planning or rehabilitation official designated by the legislative body. Public meetings shall be held at times and places convenient to residents and property owners. (c) “Financing” means the lending of moneys or any other thing of value, or the purchase of a loan previously made by a qualified mortgage lender in accordance with rules and regulations of the local agency, for the purpose of residential rehabilitation and may, in the discretion of the legislative body, include any or all of the following: (1) Refinancing of outstanding indebtedness of the participating party with respect to property which is subject to residential rehabilitation by such participating party. (2) Financing or refinancing the cost incurred by a participating party in acquiring real property for the purpose of residential rehabilitation, including residential infill construction and move-on residences. (3) Financing the acquisition of residences within a residential rehabilitation area which have been previously rehabilitated or constructed with financing pursuant to this part. (d) “Legislative body” means the city council, board of supervisors, or other legislative body of the local agency. (e) “Local agency” means any of the following: (1) Any city, county, or city and county. (2) Any redevelopment agency functioning pursuant to Part 1 (commencing with Section 33000). (3) Any housing authority functioning pursuant to Part 2 (commencing with Section 34200). (f) “Move-on residence” means a previously occupied single family or multifamily residential structure moved from a location to a vacant lot inside a residential rehabilitation area, or outside a residential rehabilitation area if the single-family or multifamily residential structure is for occupancy for persons or families of low or moderate income. (g) “Participating party” means any person, company, corporation, partnership, limited liability company, firm, local agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. No elective officer of the state or any of its political subdivisions and no employee or member of the agency issuing bonds shall be eligible to be a participating party under the provision of this part. (h) “Qualified mortgage lender” means a mortgage lender authorized by a local agency to do business with the agency and to aid in financing pursuant to this part on behalf of the agency, for which service the qualified mortgage lender will be reasonably compensated. Such a mortgage lender shall be a state or national bank, federal or state-chartered savings and loan association, or trust company or mortgage banker which is capable of providing service or otherwise aiding in the financing authorized by this part. Nothing in any other provision of state law shall prevent such a lender from serving as a qualified mortgage lender pursuant to this part. (i) “Residential rehabilitation” includes the following: (1) The construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that such structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors: (A) Defective design and character of physical construction. (B) Faulty interior arrangement and exterior spacing. (C) Inadequate provision for ventilation, lighting, and sanitation. (D) Obsolescence, deterioration, and dilapidation. (2) Residential infill construction, where authorized by the comprehensive residential rehabilitation financing program. (3) A qualified home improvement loan, which has the same meaning as Section 103 (A) of the Federal Internal Revenue Code of 1954, as amended by Public Law 96-499, December 5, 1980. (4) With respect to a move-on residence, where authorized by the comprehensive residential rehabilitation financing program, the acquisition prior to relocation of, movement of, installation of, and rehabilitation of, a move-on residence and purchase of a move-on residence that has previously been rehabilitated with financing under this part. (5) Acquisition of real property for the purpose of rehabilitation or residential infill construction pursuant to paragraph (1), (2), or (4), if authorized by the comprehensive residential rehabilitation financing program. (6) Purchase of residences within a residential rehabilitation area which have been previously rehabilitated or constructed with financing under this part, if authorized by the comprehensive residential rehabilitation financing program. (7) Relocation payments required or authorized by Section 37922.2 or by Section 7265.3 of the Government Code in connection with rehabilitation of a residence financed pursuant to this part, or in connection with demolition of a structure for the purpose of making land available for residential infill construction financed pursuant to this part. The cost of relocation payments may be included in the principal amount of a loan made to a participating party or may be paid directly from bond proceeds. (j) “Residential infill construction” means the construction of new single-family or multifamily residences, excluding commercial or mixed residential and commercial structures and residential hotels, on vacant lots in residential rehabilitation areas, including lots cleared by demolition of an existing structure. However, the cost of demolition of existing structures shall not be eligible for financing under this part, and it is the intent of the Legislature that local agencies shall adopt lending policies and criteria which will encourage rehabilitation of existing residences in residential rehabilitation areas wherever possible. (k) “Residence” means real property improved with a residential structure and, in residential rehabilitation areas only, also includes real property improved with a commercial or mixed residential and commercial structure which, in the judgment of the local agency, is an integral part of a residential neighborhood. “Residence” also includes condominium and cooperative dwelling units, and includes both real property improved with single-family residential structures and real property improved with multiple-family residential structures. “Residence” also includes residential hotels in which not less than one-half of the occupied dwelling units are occupied on a nontransient basis. A dwelling unit shall be deemed to be used on a nontransient basis for such purpose if the term of the tenancy is one month or longer or if the tenant has resided in the unit for more than 30 days. In a residential hotel, individual dwelling units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this subdivision, a residential hotel does not include dormitories, fraternity and sorority houses, hospitals, sanitariums, rest homes, or trailer parks and courts. ( l) “Rehabilitation standards” means the applicable local or state standards for the rehabilitation of residences located in residential rehabilitation areas or rehabilitated pursuant to Section 37922.1, including any higher standards adopted by the local agency as part of its residential rehabilitation financing program. (m) “Revenues” means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by, the local agency from the financing of residential rehabilitation, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of, or interest on, the bonds and such other moneys as the legislative body may, in its discretion, make available therefor. (n) “Residential rehabilitation area” means the geographical area designated by the local agency as one for inclusion in a comprehensive residential rehabilitation financing program pursuant to the provisions of this part. (Amended by Stats. 1994, Ch. 1010, Sec. 170. Effective January 1, 1995.)
  159. 37912.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. )

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    This section defines “systematic enforcement” 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. ) ## 37912.5. Unless the context otherwise requires, “systematic enforcement,” as used in this part, means the enforcement of rehabilitation standards in accordance with a systematic program of making inspections of dwelling structures in accordance with objective criteria for selection or order of selection of dwelling structures to be inspected. Systematic enforcement may be limited to rental or multifamily dwellings. It does not refer to a policy of responding only to complaints and requests for inspections. It does not include inspections where violations are not cited. It does not include the concentrated enforcement of rehabilitation standards in a designated geographic area within the jurisdiction. (Added by Stats. 1977, Ch. 920.)
  160. 37913.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. )

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    Local agencies running rehabilitation programs must report to the California Debt Advisory Commission, and they may contract with the Department of Housing and Community Development for technical 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 1. General Provisions and Definitions [37910 - 37913] ( Chapter 1 added by Stats. 1973, Ch. 1201. ) ## 37913. Local agencies operating rehabilitation programs pursuant to this part shall submit a report to the California Debt Advisory Commission pursuant to the requirements of Section 8855.5 of the Government Code. Local agencies may contract with the Department of Housing and Community Development for technical assistance in the operation of rehabilitation programs conducted pursuant to this part. (Amended by Stats. 1985, Ch. 31, Sec. 3. Effective April 26, 1985.)
  161. 37915.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may decide where and what kind of residential rehabilitation to finance, and may provide financial assistance to participating parties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37915. A local agency may determine the location and character of any residential rehabilitation to be financed under the provisions of this part and may lend financial assistance to any participating party for the purpose of financing residential rehabilitation in areas designated as residential rehabilitation areas by the local agency, or for the purpose of financing residential rehabilitation outside such areas, as provided in Section 37922.1 or 37924.5. (Amended by Stats. 1977, Ch. 920.)
  162. 37915.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    When developing criteria for selecting residential rehabilitation areas, the local agency must analyze the need for senior citizen housing and, at a public hearing, consider criteria that give priority to rehabilitating senior citizen 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37915.5. In developing criteria for selection of residential rehabilitation areas pursuant to subdivision (a) of Section 37922, the local agency shall analyze the need for senior citizen housing within its jurisdiction and shall, at a public hearing, consider criteria which give priority to rehabilitation of senior citizen housing. (Added by Stats. 1976, Ch. 319.)
  163. 37916.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may issue bonds and bond anticipation notes to finance authorized residential rehabilitation, and to fund or refund those bonds or notes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37916. The local agency may issue bonds and bond anticipation notes of the local agency for the purpose of financing residential rehabilitation authorized by this part and for the purpose of funding or refunding such bonds or notes. (Added by Stats. 1973, Ch. 1201.)
  164. 37917.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may set and revise fees, charges, and interest rates for residential rehabilitation financing, and it may manage related loans and security arrangements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37917. The local agency may fix fees, charges, and interest rates for financing residential rehabilitation and may from time to time revise such fees, charges, and interest rates to reflect changes in interest rates on the local agency’s bonds, losses due to defaults, changes in loan servicing charges, or other expenses related to administration of the residential rehabilitation financing program. Any change in interest rate shall conform to the provisions of Section 1916.5 of the Civil Code, except that paragraph (3) of subdivision (a) of Section 1916.5 shall not apply and that the “prescribed standard” specified in Section 1916.5 shall be periodically determined by the governing body of the local agency after hearing preceded by public notice to affected parties, and shall reflect changes in interest rates on the local agency’s bonds, losses due to defaults, and bona fide changes in loan servicing charges related to the administration of a program under the provisions of this part. The local agency may purchase loans made to participating parties by qualified mortgage lenders without premium, if the loan was approved for such purpose prior to consummation of the loan and is of the character and on the terms previously established by the local agency for the residential rehabilitation program. The local agency may fix fees for servicing of such loans by qualified mortgage lenders, or may itself undertake collection, or may contract to pay any person, partnership, association, corporation, or public agency for such collection and disbursal. In determining fees and charges for financing and servicing of loans by qualified mortgage lenders, the local agency shall endeavor to obtain participation of not less than two qualified mortgage lenders, and shall apply the same fees and charges to all participating qualified mortgage lenders. The local agency may hold deeds of trust or mortgages, including, but not limited to, mortgages insured under Title II of the National Housing Act (12 U.S.C., 1707 et seq.), as security for financing residential rehabilitation and may pledge or assign the same as security for repayment of bonds issued pursuant to this part. The local agency may establish the terms and conditions for the financing of residential rehabilitation undertaken pursuant to this part, and may require that any note evidencing a loan made to a participating party be insured or guaranteed, in whole or in part, by an instrumentality of the United States or of the State of California or by a person licensed to insure mortgages in this state. Notwithstanding any other provision of law, any person licensed to insure mortgages or to write residential mortgage guarantee insurance in the state shall be authorized to insure or guarantee, in whole or in part, any loan made for residential rehabilitation, excluding residential infill construction, pursuant to and in accordance with the provisions of this part, and such insurance shall not exceed 95 percent of the after-rehabilitation value of the property subject to such loan. Such insurance may include insurance of construction advances for purposes of residential rehabilitation and need not require completion of said residential rehabilitation for payment of claims thereunder. Such notes, deeds of trust, or mortgages may be assigned to, and held on behalf of the local agency by, any bank or trust company appointed to act as trustee or fiscal agent by the local agency in any indenture or resolution providing for issuance of bonds pursuant to this part. Notwithstanding Section 711 of the Civil Code, the full amount owed on any loan for residential rehabilitation made pursuant to this part shall be due and payable upon sale or other transfer of ownership of the property subject to such rehabilitation, except that assignment of the loan to the buyer or transferee may be permitted where required by the federal or state insurer or in cases of hardship, which shall be defined, and procedures established for the determination of their existence, in the guidelines established pursuant to subdivision (c) of Section 37922. (Amended by Stats. 1980, Ch. 1330.)
  165. 37918.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may hire certain professional and advisory services, pay their reasonable costs in some cases, and set compensation for financing consultants and bond counsel when needed for residential rehabilitation 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37918. The local agency may employ engineering, architectural, accounting, collection, or other services, including services in connection with the servicing of loans made to participating parties, as may be necessary in the judgment of the local agency for the successful financing of such residential rehabilitation. The local agency may pay the reasonable costs of consulting engineers, architects, accountants, and construction experts, if, in the judgment of the local agency, such services are necessary to the successful financing of any residential rehabilitation and if the local agency is not able to provide such services. The local agency may employ and fix the compensation of financing consultants, bond counsel, and other advisers as may be necessary in its judgment to provide for the issuance and sale of any bonds or bond anticipation notes of the local agency. (Added by Stats. 1973, Ch. 1201.)
  166. 37919.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may do anything necessary or convenient to carry out the purposes of this part, in addition to its other 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37919. In addition to all other powers specifically granted by this part, the local agency may do all things necessary or convenient to carry out the purposes of this part. (Added by Stats. 1973, Ch. 1201.)
  167. 37920.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    Bond repayment must come only from specified revenues and insurance or guarantee claim proceeds, and the bonds do not create local agency debt or tax/appropriation obligations for the legislative 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37920. Revenues and the proceeds of mortgage insurance or guarantee claims, if any, shall be the sole source of funds pledged by the local agency for repayment of its bonds. Bonds issued under the provisions of this part shall not be deemed to constitute a debt or liability of the local agency or a pledge of the faith and credit of the local agency but shall be payable solely from revenues and the proceeds of mortgage insurance or guarantee claims, if any. The issuance of bonds shall not directly, indirectly, or contingently obligate the legislative body to levy or pledge any form of taxation or to make any appropriation for their payment. (Amended by Stats. 1977, Ch. 931.)
  168. 37921.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    Residential rehabilitation must follow the local agency’s rules and regulations. The local agency also may acquire, lease, sell, or otherwise dispose of property and related interests for financing rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37921. All residential rehabilitation shall be constructed or completed subject to the rules and regulations of the local agency. A local agency may acquire by deed, purchase, lease, contract, gift, devise, or otherwise any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands necessary or convenient for the financing of residential rehabilitation, upon such terms and conditions as it deems advisable, and may lease, sell, or dispose of the same in such manner as may be necessary or desirable to carry out the objectives and purposes of this part. (Added by Stats. 1973, Ch. 1201.)
  169. 37922.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    Before issuing bonds or bond anticipation notes for residential rehabilitation, the local agency must adopt a comprehensive financing program and include specified criteria, procedures, loan limits, and a public improvements plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37922. Prior to the issuance of any bonds or bond anticipation notes of the local agency for residential rehabilitation, the local agency shall by ordinance or resolution adopt a comprehensive residential rehabilitation financing program which shall include, but is not limited to, the following items: (a) Criteria for selection of residential rehabilitation areas by the local agency which shall include findings by the local agency that: (1) There are a substantial number of deteriorating structures in the area which do not conform to community standards for decent, safe, sanitary housing. (2) Financial assistance from the local agency for residential rehabilitation is necessary to arrest the deterioration of the area. (3) Financing of residential rehabilitation in the area is economically feasible. However, these findings are not required when the residential rehabilitation area is a redevelopment project area to which the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) apply. (b) Procedures for selection of residential rehabilitation areas by the local agency which shall include: (1) Provisions for citizen participation in selection of residential rehabilitation areas. (2) Provisions for a public hearing by the governing body of the local agency prior to selection of any particular residential rehabilitation area by the local agency. (c) A commitment that, subject to budgeting and fiscal limitations of the local agency, rehabilitation standards will be enforced in 95 percent of the residences in each residential rehabilitation area. (d) Guidelines for financing rehabilitation of existing residences, which shall be subject to the following limitations: (1) Unless insured or guaranteed in whole or in part by an instrumentality of the United States or the State of California or by a person licensed to insure loans in this state, outstanding loans on the property to be rehabilitated, including the amount of the loans for rehabilitation, shall not exceed 80 percent of the anticipated after-rehabilitation value of the property to be rehabilitated, except that the local agency may authorize loans, which are neither insured nor guaranteed, of up to 95 percent of the anticipated after-rehabilitation value of the property if such loans are made for the purpose of rehabilitating the property for residential purposes, there is demonstrated need for such higher limit, and there is a high probability that the value of the property will not be impaired during the term of the loan. Outstanding loans on property to be rehabilitated may be authorized up to 97 percent of the anticipated after-rehabilitation value of the property, if the person to whom the loan is made is of low income, as defined in Section 50093. A nonprofit corporation incorporated pursuant to Part 1 (commencing with Section 9000) of Division 2 of Title 1 of the Corporations Code or a cooperative housing corporation, as defined in subdivision (a) of Section 17265 of the Revenue and Taxation Code, may be authorized a loan not exceeding either 98 or 100 percent of the estimated after-rehabilitation value or of its total development cost, according to the standards for nonprofit housing sponsors set forth in Section 50958, if the dwelling units within the residence rehabilitated with financing under this part are committed for the period during which the loan is outstanding for occupancy by persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of the residence. (2) The maximum repayment period for such residential rehabilitation loans shall be 40 years or four-fifths of the economic life of the structure, whichever is less. (3) Except as authorized in this paragraph, the maximum amount loaned for rehabilitation, exclusive of costs of acquisition, or exclusive of refinancing, for each dwelling unit and for each commercial unit which is, or is part of, a “residence” within the meaning of that term as defined in this part, shall be forty-five thousand dollars ($45,000). Financing provided pursuant to this part by the redevelopment agency of a city and county may exceed such limitation with respect to loans for rehabilitation of one-to-four unit dwellings, provided the total amount financed, including any amount loaned for acquisition or refinancing, shall not exceed eighty thousand dollars ($80,000) per dwelling unit or 90 percent of the after-rehabilitation value specified in paragraph (1), whichever is less, regardless of whether the loan is or is not insured or guaranteed. (4) No more than 20 percent of any loan for such residential rehabilitation shall be used for residential rehabilitation which is not required under the local agency’s rehabilitation standards except that in the case of owner-occupied one- to four-dwelling-unit properties, up to 40 percent of the loan for such residential rehabilitation may be used for residential rehabilitation not required under the local agency’s rehabilitation standards. (5) Except with respect to move-on residences, loans shall not be made for the purpose of refinancing the outstanding indebtedness of a participating party with respect to property which is subject to residential rehabilitation or for financing the acquisition of property which has been, or is to be, subject to residential rehabilitation, unless the cost, including in such costs any amounts previously expended for residential rehabilitation of that property by a participating party, within a residential rehabilitation area or a redevelopment project area established at the time of such expenditure, of meeting the rehabilitation standards is at least 20 percent of the principal amount of the loan. (e) Guidelines for financing residential infill construction within any residential rehabilitation area which is approved for such a program by the legislative body. The guidelines for residential infill construction shall be subject to the following limitations: (1) Unless insured or guaranteed in whole or in part by an instrumentality of the United States or the State of California or by a person licensed to insure loans in this state, outstanding loans on the property, including the amount of the loans for residential infill construction, shall not exceed 80 percent of the anticipated value of the property, following completion of the construction, except that the local agency may authorize loans, which are neither insured nor guaranteed, of up to 90 percent of the anticipated value of the property following completion of the construction, if such loans are made for the purpose of constructing residences containing two or more dwelling units. A nonprofit corporation incorporated pursuant to Part 1 (commencing with Section 9000) of Division 2 of Title 1 of the Corporations Code or a cooperative housing corporation, as defined in subdivision (a) of Section 17265 of the Revenue and Taxation Code, may be authorized a loan not exceeding 100 percent of the estimated value of the property following completion of construction, if the dwelling units constructed with financing under this part are committed for the period during which the loan is outstanding for occupancy by persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of the residence. (2) The maximum repayment period for loans for residential infill construction shall be 40 years or four-fifths of the economic life of the structure, whichever is less. (f) Guidelines for financing the purchase of residences previously rehabilitated or constructed with financing under this part, if authorized by the legislative body, which shall be subject to the following limitations: (1) Purchasers of single-family dwellings eligible to receive such financing shall be persons or families of low or moderate income. (2) All rental dwelling units in the residence financed shall be committed for the period during which the loan is outstanding for occupancy by persons and families of low or moderate income, as defined by Section 50093. Upon recordation of the deed, other instrument of conveyance, lease, or instrument of financing in the office of the county recorder of the county in which the real property is located, the rental dwelling units reserved for occupancy by persons of low income shall remain for such occupancy for not less than 30, nor more than 55, years. Such recorded agreement shall be binding upon successors in interest. (3) Unless insured or guaranteed in whole or in part by an instrumentality of the United States or the State of California or by a person licensed to insure loans in this state, outstanding loans on the property to be acquired shall not exceed 80 percent of the value of the property, except that the local agency may authorize loans, which are neither insured nor guaranteed, of up to 90 percent of the value of the property if such loans are made for the purpose of financing residences containing two or more dwelling units. A nonprofit corporation incorporated pursuant to, or otherwise made subject to the provisions of, Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code or a cooperative housing corporation, as defined in subdivision (a) of Section 17265 of the Revenue and Taxation Code, may be authorized a loan not exceeding 100 percent of the value of the property, if the dwelling units within the residence are committed for the period during which the loan is outstanding for occupancy by persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of the residence. (4) The maximum repayment period for acquisition loans shall be 40 years or four-fifths of the economic life of the property, whichever is less. (g) No more than 35 percent of the aggregate principal amount of all loans made in a residential rehabilitation area may be for residential infill construction or acquisition financing. (h) A requirement that a plan for public improvements necessary to successful rehabilitation of the residential rehabilitation area be developed, with citizen participation, for each residential rehabilitation area and that the plan for public improvements be adopted by the local agency prior to the financing of residential rehabilitation in any residential rehabilitation area, together with a commitment that, subject to budgetary and fiscal limitations, such plan will be carried out by the local agency. (Amended by Stats. 1982, Ch. 1160, Sec. 3.)
  170. 37922.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A residential rehabilitation financing program may authorize qualifying rehabilitation outside residential rehabilitation areas and must include guidelines, notice, participation, and a loan repayment cap.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37922.1. (a) A comprehensive residential rehabilitation financing program may authorize residential rehabilitation outside residential rehabilitation areas of residences which meet the following qualifications: (1) The residence is located in an area determined by the legislative body to be a stable and viable residential neighborhood. (2) Rehabilitation of the residence is determined by the legislative body to be econonically feasible. (3) Dwelling units rehabilitated within the residence with financing under this part are committed for the period during which the loan is outstanding for occupancy by persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of the residence. (b) Guidelines for financing residential rehabilitation of residences specified in subdivision (a) shall be included in the comprehensive residential rehabilitation financing program if financing of such rehabilitation is authorized pursuant to this section. Such guidelines shall be subject to the limitations prescribed by subdivision (d) of Section 37922. The maximum repayment period for residential rehabilitation loans for residences described in subdivision (a) shall be 40 years or four-fifths of the economic life of the property, whichever is less. (c) With respect to rehabilitation of residences specified in subdivision (a), the comprehensive residential rehabilitation financing program shall provide for notice to affected owners and tenants of the proposed rehabilitation and for an opportunity for participation by them in the designation of dwelling units to be rehabilitated and in the planning of the proposed rehabilitation. (Amended by Stats. 1977, Ch. 931.)
  171. 37922.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    The local agency must take strong steps to prevent resident displacement in residential rehabilitation areas and may use relocation payments and housing subsidy programs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37922.2. If anticipated rent increases or other increases in housing costs will result in dislocation of residential rehabilitation area residents or will result in residents paying a disproportionately large percentage of their incomes for housing, the local agency shall take every possible action to prevent displacement of all residents as a result of the operation of the residential rehabilitation program in residential rehabilitation areas. Such actions shall include relocation payments to persons and families of low or moderate income, as defined by Section 50093, who are tenants displaced because of the temporary or permanent displacement for rehabilitation work or residential infill construction assisted under this part, or rent increases resulting from rehabilitation, pursuant to the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sec. 4601) or Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. Such actions shall also include, but need not be limited to, utilization of all federal, state, or local funding programs which are available for housing subsidies. In allocating funds which may become available through federal revenue sharing and through the federal Housing and Community Development Act of 1974 (P.L. 93-383; 88 Stat. 633), the local agency shall give consideration to measures which will assist in preventing displacement of such residents, the consideration of such measures to be evidenced in writing. For purposes of this section, displacement includes relocation occurring because of the inability of a person or family of low or moderate income to pay increased rentals resulting from rehabilitation, or involuntary temporary or permanent displacement of such a person or family. The relocation payments required under this section shall be mandatory only if federal or state funds are available. However, nothing shall preclude the public entity from using local funds or funds from the sale of bonds. (Amended by Stats. 1979, Ch. 1191, Sec. 17.5.)
  172. 37922.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may condition rehabilitation loans on rent limits and tenant notice 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37922.5. (a) A local agency, in order to prevent precipitous increases in rent which the loans would engender as to residential rental property, may require, as a condition of making a loan pursuant to this part, that the borrower contract during the term of the loan not to raise the rental amount over an amount which the agency by regulation establishes will yield a fair rate of return for similar investments and will allow for increases that are reasonably necessary to provide and continue proper maintenance of the property. This subdivision shall apply only to structures which will contain 12 or more dwelling units after rehabilitation and to structures for which loans exceeding five thousand dollars ($5,000) per dwelling unit have been extended pursuant to this part. (b) A local agency may require that an owner of a residential property provide notice to tenants at the time of application for a loan pursuant to this part, so that, in the event of protest by tenants, the amount of rehabilitation work may, at the discretion of the local agency, be limited in order to prevent precipitous rent increases which may cause displacement. (Amended by Stats. 1979, Ch. 1190.)
  173. 37923.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    Local agencies financing residential rehabilitation must require nondiscrimination in housing access, employment, and contracting, and must adopt rules to carry out the section.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37923. (a) The local agency shall require that any residence that is rehabilitated, constructed, or acquired with financing obtained under this part shall be open, upon sale or rental of any portion thereof, to all regardless of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. The local agency shall also require that contractors and subcontractors engaged in residential rehabilitation financed under this part provide equal opportunity for employment, without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code. All contracts and subcontracts for residential rehabilitation financed under this part shall be let without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code. It shall be the policy of the local agency financing residential rehabilitation under this part to encourage participation by minority contractors, and the local agency shall adopt rules and regulations to implement this section. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 4760 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended by Stats. 2012, Ch. 181, Sec. 74. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  174. 37924.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    This provision lets the authority of this part issue bonds to finance residential rehabilitation in certain designated areas.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37924. The authority of this part may be used to issue bonds for the purpose of financing residential rehabilitation in areas which were designated for concentrated code enforcement and have received federal funds under the Federally Assisted Code Enforcement program (Sections 115, 117, and 312 of the Housing Act of 1949, 42 U.S.C. 1466, 1468, and 1452b), and nothing in this part shall prevent using funds generated by bonds issued pursuant to the provisions of this part to finance residential rehabilitation in such areas. (Added by Stats. 1973, Ch. 1201.)
  175. 37924.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    A local agency may add selection criteria for systematic dwelling inspections, and the program must give notice and participation opportunities to people potentially affected.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37924.5. The local agency may include, in the comprehensive residential rehabilitation financing program adopted by ordinance or resolution pursuant to Section 37922, criteria for selection or order of selection of dwelling structures to be inspected in a systematic enforcement program to be carried out citywide or countywide in addition to the concentrated enforcement of rehabilitation standards in one or more residential rehabilitation areas, during the period in which such concentrated enforcement is carried out. Guidelines for financing residential rehabilitation of residences subjected to systematic enforcement shall be subject to the financing limitations prescribed by subdivision (d) of Section 37922. The comprehensive residential rehabilitation financing program shall, in such case, provide notice and opportunities to be involved in planning and operation of the program to persons potentially affected by the systematic enforcement program. (Added by Stats. 1977, Ch. 920.)
  176. 37925.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. )

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    Challenges to certain residential rehabilitation decisions must be filed within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 2. Powers and Procedures [37915 - 37925] ( Chapter 2 added by Stats. 1973, Ch. 1201. ) ## 37925. Any action challenging the legality of a comprehensive residential rehabilitation financing program, the selection of a residential rehabilitation area, the selection of residences for residential rehabilitation pursuant to Section 37922.1, or the adoption of a plan for public improvements for a residential rehabilitation area, shall be commenced within 60 days of the adoption of such program, selection of such area or residences, or adoption of such plan for public improvements. (Amended by Stats. 1975, Ch. 558.)
  177. 37930.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    A local agency may issue negotiable bonds or notes to finance residential rehabilitation and may issue or renew bond anticipation notes, subject to a two-year maturity limit.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37930. (a) A local agency may, from time to time, issue its negotiable bonds or notes for the purpose of financing residential rehabilitation, including the rehabilitation, construction, or acquisition of (1) single residences for single participating parties, (2) a series of residences for a single participating party, (3) single residences for several participating parties, or (4) several residences for several participating parties. In anticipation of the sale of such bonds, the local agency may issue negotiable bond anticipation notes and may renew such notes from time to time. Bond anticipation notes may be paid from the proceeds of sale of the bonds of the local agency in anticipation of which they were issued. Bond anticipation notes and agreements relating thereto and the resolution or resolutions authorizing such notes and agreements may contain any provisions, conditions, or limitations which a bond, agreement relating thereto, or bond resolution of the local agency may contain except that any such note or renewal thereof shall mature at a time not later than two years from the date of the issuance of the original note. (b) Every issue of its bonds shall be a special obligation of the local agency payable from all or any part of the revenues specified in this part. The bonds shall be negotiable instruments for all purposes, subject only to the provisions of such bonds for registration. (Amended by Stats. 1979, Ch. 1190.)
  178. 37930.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    A local agency may include certain issuance and bond-related costs when determining the amount of bonds to be 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37930.5. In determining the amount of bonds to be issued, the local agency may include all costs of the issuance of such revenue bonds, bond reserve funds, and bond interest estimated to accrue for a period not exceeding 12 months from the date of the bonds. (Added by Stats. 1977, Ch. 931.)
  179. 37931.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    A local agency may issue, sell, and temporarily replace bonds, but must authorize them by resolution and keep any discount below 6% of par value.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37931. The bonds may be issued as serial bonds or as term bonds, or the local agency, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the local agency and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates of issuance, bear interest at such fixed or variable rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America, at such place or places, and be subject to such terms of redemption as the resolution or resolutions of the local agency may provide. The bonds may be sold at either a public or private sale and for such prices as the local agency shall determine. Pending preparation of the definitive bonds, the local agency may issue interim receipts, certificates, or temporary bonds, which shall be exchanged for such definitive bonds. The local agency may sell any bonds, notes, or other evidence of indebtedness at a price below the par value thereof, but the discount on any bond so sold shall not exceed 6 percent of the par value thereof. (Added by Stats. 1973, Ch. 1201.)
  180. 37932.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Bond authorization resolutions may include specified bond terms and conditions, and those terms become part of the contract with bondholders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37932. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions respecting any of the following terms and conditions, which shall be a part of the contract with the holders of the bonds: (a) The pledge of all or any part of the revenues, as defined in this part, subject to such agreements with bondholders as may then exist. (b) The interest and principal to be received and other charges to be charged and the amounts to be raised each year thereby, and the use and disposition of the revenues. (c) The setting aside of reserves or sinking funds and the regulation and disposition thereof. (d) Limitations on the purposes to which the proceeds of a sale of any issue of bonds, then or thereafter issued, may be applied, and pledging such proceeds to secure the payment of the bonds or any issue of bonds. (e) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (f) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given. (g) Limitation on expenditures for operating, administration, or other expenses of the local agency. (h) Specification of the acts or omissions to act which shall constitute a default in the duties of the local agency to holders of its obligations, and providing the rights and remedies of such holders in the event of default. (i) The mortgaging of any residence and the site thereof for the purpose of securing the bondholders. (j) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders. (Added by Stats. 1973, Ch. 1201.)
  181. 37933.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Members of the local agency’s governing board and anyone executing the bonds or notes are not personally liable because the bonds or notes 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37933. Neither the members of the governing board of the local agency nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. (Added by Stats. 1973, Ch. 1201.)
  182. 37934.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    The local agency may use available funds to buy its bonds or notes, and may also hold, pledge, cancel, or resell those bonds under agreements with bondholders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37934. The local agency shall have the power out of any funds available therefor to purchase its bonds or notes. The local agency may hold, pledge, cancel, or resell such bonds, subject to and in accordance with agreements with the bondholders. (Added by Stats. 1973, Ch. 1201.)
  183. 37935.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Local agencies may use trust agreements and related resolutions to secure bonds and protect bondholders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37935. In the discretion of the local agency, any bonds issued under the provisions of this part may be secured by a trust agreement by and between the local agency and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without this state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged, and may convey or mortgage any residence the rehabilitation, construction, or acquisition of which is to be financed out of the proceeds of such bonds. Such trust agreement or the resolution providing for the issuance of the bonds may provide for the assignment to such corporate trustee or trustees of loans, deeds of trust, or mortgages, to be held by such trustee or trustees on behalf of the local agency for the benefit of the bondholders. Such trust agreement or resolution providing for the issuance of bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including such provisions as may be included in any resolution or resolutions of the local agency authorizing the issuance of bonds pursuant to Section 37932. Any bank or trust company doing business under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnity bonds or pledge such securities as may be required by the local agency. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the local agency may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of residential rehabilitation. (Amended by Stats. 1979, Ch. 1190.)
  184. 37936.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Bondholders and appointed trustees may enforce rights and compel performance of duties under this part or the authorizing resolution, unless the resolution restricts those rights.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37936. Any holder of bonds issued under the provisions of this part or any of the coupons appertaining thereto, and the trustee or trustees appointed pursuant to any resolution authorizing the issuance of such bonds, except to the extent the rights thereof may be restricted by the resolution authorizing the issuance of the bonds, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect or enforce any and all rights specified in the laws of the state or in such resolution, and may enforce and compel the performance of all duties required by this part or by such resolution to be performed by the local agency or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, fees, interest, and charges authorized and required by the provisions of such resolution to be fixed, established, and collected. (Added by Stats. 1973, Ch. 1201.)
  185. 37937.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Bonds issued under this part are payable only from the funds specified in the part, and they cannot be treated as a debt or liability of the local 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37937. Bonds issued under the provisions of this part shall not be deemed to constitute a debt or liability of the local agency or a pledge of the faith and credit of the local agency, but shall be payable solely from the funds specified in this part. All such bonds shall contain on the face thereof a statement to the following effect: Neither the faith and credit nor the taxing power of the [local agency] is pledged to the payment of the principal of or interest on this bond. The issuance of bonds under the provisions of this part shall not directly, indirectly, or contingently obligate the local agency to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (Added by Stats. 1973, Ch. 1201.)
  186. 37938.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    A local agency may issue refunding bonds, use the proceeds to retire or redeem outstanding bonds, hold funds in escrow, and invest certain escrowed or designated proceeds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37938. (a) The local agency may provide for the issuance of the bonds of the local agency for the purpose of refunding any bonds of the local agency then outstanding including the payment of any redemption premiums thereof and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of such bonds, and, if deemed advisable by the local agency, for the additonal purpose of paying all or any part of the cost of additional residential rehabilitation. (b) The proceeds of bonds issued for the purpose of refunding any outstanding bonds may, in the discretion of the local agency, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds, either at their earliest or, notwithstanding the provisions of Section 53583 of the Government Code or any other law, any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending such application, be placed in escrow, to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the local agency. (c) Pending use for purchase, retirement at maturity, or redemption of outstanding bonds, any proceeds held in escrow pursuant to subdivision (b) may be invested and reinvested as provided in the resolution authorizing the issuance of the bonds. Any interest or other increment earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and any interest or increment earned or realized from the investment thereof may be returned to the local agency to be used by it for any lawful purpose. (d) That portion of the proceeds of any such bonds designated for the purpose of paying all or any part of the cost of additonal residential rehabilitation pursuant to subdivision (a) may be invested and reinvested in obligations of, or guaranteed by, the United States of America or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. (e) All bonds issued pursuant to this section shall be subject to the provisions of this part in the same manner and to the same extent as other bonds issued pursuant to this part. (Amended by Stats. 1980, Ch. 331.)
  187. 37938.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    If financing is not immediately needed, bond revenues may be invested in authorized securities or obligations, including certain insured mortgage 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37938.5. When not immediately required to provide financing under this chapter, revenues and the proceeds of bonds may be invested in any securities or obligations authorized by the resolution providing for issuance of the bonds or by the trust agreement securing the bonds. 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 provided 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, including subdivision (d) of Section 37938, or in other provisions of law. (Added by Stats. 1980, Ch. 331.)
  188. 37939.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Bonds issued under this part are treated as legal investments for specified funds, fiduciaries, and financial institutions, and may be deposited with or received by certain public officers and bodies in authorized cases.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37939. Notwithstanding any other provisions of law, bonds issued pursuant to this part shall be legal investments for all trust funds, the funds of insurance companies, savings and loan associations, investment companies and banks, both savings and commercial, and shall be legal investments for executors, administrators, guardians, conservators, trustees, and all other fiduciaries. Such bonds shall be legal investments for state school funds and for any funds which may be invested in county, municipal, or school district bonds, and such bonds shall be deemed to be securities which may properly and legally be deposited with, and received by, any state or municipal officer or by any agency or political subdivision of the state for any purpose for which the deposit of funds or obligations of the state is now, or may hereafter be, authorized by law, including deposits to secure public funds. (Amended by Stats. 1979, Ch. 730.)
  189. 37940.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. )

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    Bonds or notes issued under this chapter, and their transfer and income, are exempt from taxation by the state and local governments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 3. Bonds and Notes [37930 - 37940] ( Chapter 3 added by Stats. 1973, Ch. 1201. ) ## 37940. The exercise of the powers granted by this part shall be in all respects for the benefit of the people of this state and for their health and welfare. Any bonds or notes issued under the provisions of this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions of the state. (Added by Stats. 1973, Ch. 1201.)
  190. 37950.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. )

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    A local agency may finance participating parties for residential rehabilitation, and loan agreements must make the design and work subject to local agency standards and supervision.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. ) ## 37950. The local agency may provide financing to any participating party for the purpose of residential rehabilitation authorized pursuant to a comprehensive residential rehabilitation financing program. All agreements for such loans shall provide that the architectural and engineering design of the residential rehabilitation shall be subject to such standards as may be established by the local agency and that the work of such residential rehabilitation shall be subject to such supervision as the local agency deems necessary. (Amended by Stats. 1975, Ch. 558.)
  191. 37951.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. )

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    The local agency may make residential rehabilitation loan agreements and set related rates, fees, charges, and bond-financing arrangements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. ) ## 37951. The local agency may enter into loan agreements with any participating party relating to residential rehabilitation of any kind or character. The terms and conditions of such loan agreements may be as mutually agreed upon. Any such loan agreement may provide the means or methods by which any mortgage taken by the local agency shall be discharged, and it shall contain such other terms and conditions as the local agency may require. The local agency is authorized to fix, revise, charge, and collect interest and principal and all other rates, fees, and charges with respect to financing of residential rehabilitation. Such rates, fees, charges, and interest shall be fixed and adjusted so that the aggregate of such rates, fees, charges, and interest will provide funds sufficient with other revenues and moneys which it is anticipated will be available therefor, if any, to do all of the following: (a) Pay the principal of and interest on outstanding bonds of the local agency issued to finance such residential rehabilitation as the same shall become due and payable. (b) Create and maintain reserves required or provided for in any resolution authorizing such bonds. A sufficient amount of the revenues derived from residential rehabilitation may be set aside at such regular intervals as may be provided by the resolution in a sinking or other similar fund, which is hereby pledged to, and charged with, the payment of the principal of and interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time the pledge is made. The rates, fees, interest, and other charges, revenues, or moneys so pledged and thereafter received by the local agency 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 the local agency, irrespective of whether such parties have notice thereof. Neither the resolution nor any loan agreement by which a pledge is created need be filed or recorded except in the records of the local agency. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds. Except as may otherwise be provided in such resolution, such sinking or other similar fund may be a fund for all bonds of the local agency issued to finance the rehabilitation, construction, or acquisition of the residence of a particular participating party without distinction or priority. The local agency, however, in any such resolution may provide that such sinking or other similar fund shall be the fund for a particular residential rehabilitation project or projects and for the bonds issued to finance such residential rehabilitation project or projects and may, additionally, authorize and provide for the issuance of bonds having a lien with respect to the security authorized by this section which is subordinate to the lien of other bonds of the local agency, and, in such case, the local agency may create separate sinking or other similar funds securing the bonds having the subordinate lien. (c) Pay operating and administrative costs of the local agency incurred in the administration of the program authorized by this part. (Amended by Stats. 1979, Ch. 1190.)
  192. 37952.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. )

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    Money received under this part must be treated as trust funds, and any bank or trust company holding deposited money must act as trustee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 4. Rehabilitation Loans [37950 - 37952] ( Chapter 4 added by Stats. 1973, Ch. 1201. ) ## 37952. All moneys received pursuant to the provisions of this part, whether proceeds from the sale of bonds or revenues or proceeds of mortgage insurance or guarantee claims, if any, shall be deemed to be trust funds to be held and applied solely as provided in this part. Any bank or trust company in which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes specified in this part, subject to the terms of the resolution authorizing the bonds. (Amended by Stats. 1977, Ch. 931.)
  193. 37960.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. )

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    This part must be read liberally to carry out its 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. ) ## 37960. This part being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. (Added by Stats. 1973, Ch. 1201.)
  194. 37961.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. )

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    If the legislative body still has jurisdiction to order the act, missing an officer or local agency step, or another defect in the proceedings, does not invalidate the proceedings or the bonds issued under 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. ) ## 37961. If the jurisdiction of the legislative body to order the proposed act is not affected, an omission of any officer or the local agency in proceedings under this part or any other defect in the proceedings shall not invalidate the proceedings or bonds issued pursuant to this part. (Added by Stats. 1973, Ch. 1201.)
  195. 37962.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. )

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    A local agency has full authority to issue bonds to finance residential rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. ) ## 37962. This part is full authority for the issuance of bonds by a local agency for the purpose of financing residential rehabilitation. (Added by Stats. 1973, Ch. 1201.)
  196. 37963.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. )

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    This part is an additional and alternative method for doing the authorized actions, and bond issuance under it does not have to follow other laws that would otherwise 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. ) ## 37963. This part shall be deemed to provide a complete, additional, and alternative method for doing the things authorized thereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of bonds and refunding bonds under the provisions of this part need not comply with the requirements of any other law applicable to the issuance of bonds. (Added by Stats. 1973, Ch. 1201.)
  197. 37964.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. )

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    An action may be brought to challenge the validity of bonds 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 13. RESIDENTIAL REHABILITATION [37910 - 37964] ( Part 13 added by Stats. 1973, Ch. 1201. ) ## CHAPTER 5. Construction and Effect [37960 - 37964] ( Chapter 5 added by Stats. 1973, Ch. 1201. ) ## 37964. 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 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. 1973, Ch. 1201.)
  198. 38000.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 1. Legislative Intent and Policy [38000- 38000.] ( Chapter 1 added by Stats. 1980, Ch. 990. )

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    The state should keep contract approvals and payment for direct service contracts moving quickly, and notify community based agencies within 15 days if delays occur.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 1. Legislative Intent and Policy [38000- 38000.] ( Chapter 1 added by Stats. 1980, Ch. 990. ) ## 38000. The Legislature states its intent with respect to direct service contracts of the departments within the Health and Welfare Agency as follows: (a) Contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions. (b) Payment for services rendered shall take no longer than 30 days after an invoice has been approved by the responsible department. (c) If contract approval or payment or both are delayed, the state shall notify community based agencies within 15 days with instructions to either defer or interrupt services to be contracted. If the state requests an agency to continue providing services, conditions shall be mutually agreed upon in advance for amortization of particular additional costs to the agency involved. (Added by Stats. 1980, Ch. 990.)
  199. 38010.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    This division overrides contrary statutes, but it does not apply to certain contracts under Welfare and Institutions Code Chapters 7 and 8.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38010. Notwithstanding any other statutes to the contrary, this division shall prevail. This division shall not apply to contracts entered into pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 1982, Ch. 1462, Sec. 2.)
  200. 38011.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. )

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    Administrative departments are responsible for planning programs, managing contractor selection and service agreements, handling contract review and payment processes, preparing payment claims, monitoring services, and evaluating contractors.

    ## Health and Safety Code - HSC ## DIVISION 25. HEALTH AND WELFARE AGENCY—DIRECT SERVICE CONTRACTS REFORM ACT [38000 - 38041] ( Division 25 added by Stats. 1980, Ch. 990. ) ## CHAPTER 2. Contract Authority [38010 - 38015] ( Chapter 2 added by Stats. 1980, Ch. 990. ) ## 38011. Administrative departments are responsible for: Program planning, issuing requests for proposal, reviewing and choosing contractors, negotiating service agreements with contractors, oversight of contract review and payment processes, preparing claims for payment, monitoring services, and evaluating contractors. (Added by Stats. 1980, Ch. 990.)

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