Health and Safety Code — Part 75 | HSC — United States — California law | Esheria

Health and Safety Code

Part 75 of 87 · provisions 14,801–15,000

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. 4918.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    The board must publish notice of the hearing at least 10 days before the fixed time, by one insertion in a newspaper circulated in the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4918. At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in a newspaper circulated in the district. (Enacted by Stats. 1939, Ch. 60.)
  2. 4919.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    The board must hear the petition or resolution at the scheduled hearing, and it may grant or deny the proposed dissolution. The board’s decision is final.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4919. At the time appointed for the hearing or at any time to which it is continued, the board shall hear and pass upon the petition or resolution and may grant or deny the proposed dissolution, and its decision is final. (Amended by Stats. 1961, Ch. 827.)
  3. 4920.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    If a proposed dissolution is granted, the board must dissolve the district by resolution.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4920. If the proposed dissolution is granted, the board shall by resolution order the dissolution of the district and the district is thereupon dissolved. The property of the district remains the property of the county in which the district is located. If at the time of the dissolution there is any indebtedness of the district outstanding, the district shall be dissolved for all purposes except the levy and collection of taxes for the payment of such outstanding indebtedness. From the time the district is thus dissolved until the indebtedness is fully paid, the board of supervisors of the county wherein the district is located shall be the ex officio governing body of the district. That body shall levy such taxes and perform such other acts as may be necessary to pay the outstanding indebtedness of the district. (Amended by Stats. 1961, Ch. 827.)
  4. 4921.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    When all of a district’s territory is included in one or more cities, the board must pay over the district’s county-treasury funds as this article directs.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4921. Upon the inclusion of all the territory of a district in one or more cities, either by reason of annexation or by reason of the incorporation of one or more cities, all funds paid into the county treasury to the credit of the district shall be paid over by the board as provided in this article. (Enacted by Stats. 1939, Ch. 60.)
  5. 4922.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    If the whole district is inside one city, the fund must be paid to the city treasurer and administered by the city’s governing body.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4922. If all of the district is included in one city, the fund shall be paid to the treasurer of the city and administered by the governing body of the city. (Enacted by Stats. 1939, Ch. 60.)
  6. 4923.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    If only part of a district is included in one city and the rest is in other cities, the funds must be distributed to each city’s treasurer in proportion to the assessed valuation of the real property in each city’s portion of the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4923. If a part only of the district is so included in one city and the remaining part of the district is included in one or more other cities then such proportionate part of the funds shall be paid to the treasurer of each city as the assessed valuation of the real property of the portion of the district included in each city bore, before being so included, to the total assessed valuation of the real property of the district. (Enacted by Stats. 1939, Ch. 60.)
  7. 4924.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    The city’s governing body must administer district funds for the benefit of district portions within the city and to operate and maintain the sewers formerly maintained by the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4924. The funds paid over by the district to a city shall be administered by its governing body for the benefit of such portions of the district as are included in the city, and for the purpose of operating and maintaining the sewers in it formerly maintained by the district. (Enacted by Stats. 1939, Ch. 60.)
  8. 4925.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    A sewer maintenance district is dissolved when all of its territory has been included in a city.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4925. When all territory in a district has been included in a city the district is thereupon, by reason of the inclusion, dissolved. (Enacted by Stats. 1939, Ch. 60.)
  9. 4926.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    A city-incorporated or annexed area stays in the sewer district until the city board receives a resolution asking for exclusion, and the exclusion cannot take effect until outstanding district contracts have ended or been changed/canceled with consent.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4926. If less than the whole of a district is included in a city either by reason of annexation or by reason of incorporation proceedings, the territory so included within the city shall continue to remain a part of the district for all purposes until a copy of a resolution adopted by the city requesting exclusion of such territory from the district is received by the board. Upon receipt of such a resolution requesting exclusion of the territory contained within the city, such territory shall be excluded from the district and the remaining territory shall continue as a district. But the exclusion of such territory from the district shall not be effective until all outstanding contracts of the districts have expired or the contracts, with the consent of the parties, have been modified or canceled so as to relieve the district of further obligation to pay for future maintenance in the affected territory. (Amended by Stats. 1955, Ch. 167.)
  10. 4927.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. )

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    A sewer maintenance district is dissolved when all of it lies within a sanitary district and the required resolution is filed with the Secretary of State.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 4. Sewer Maintenance Districts [4860 - 4927] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7. Dissolution [4915 - 4927] ( Article 7 enacted by Stats. 1939, Ch. 60. ) ## 4927. If all of the district is included within a sanitary district, the district is dissolved upon the filing with the Secretary of State of a resolution adopted by the district board of the sanitary district and approved by the board of supervisors which states that the sanitary district is able to provide the same service as is being provided by the sewer maintenance district and declares that the sewer maintenance district is dissolved. A copy of the resolution shall be filed with the board of supervisors. Upon the dissolution of the sewer maintenance district, the property and funds which are held by the county for the sewer maintenance district vest in the sanitary district and the county shall convey such property and pay over such funds, to the sanitary district. The sanitary district shall also succeed to any liability or outstanding obligation of the sewer maintenance district at the time of its dissolution. (Added by Stats. 1961, Ch. 938.)
  11. 4950.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section defines “works” for this chapter to include listed sewer and water-recycling facilities, plus related lands and property.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4950. “Works,” as used in this chapter, includes any or all of the following facilities, including, but not limited to, necessary lands, rights-of-way, or other property: (a) Sewage treatment plants. (b) Intercepting and collecting sewers. (c) Outfall sewers. (d) Force mains. (e) Pumping stations. (f) Ejector stations. (g) All other appurtenances necessary, useful, or convenient, for the collection, treatment, purification, or disposal of sewage. (h) Facilities for the recycling of water, including, but not limited to, all of the following: (1) Treatment facilities. (2) Pumping facilities. (3) Storage facilities. (4) Distribution and dispersal facilities of all types including, but not limited to, related distribution mains, laterals, and appurtenances. (Amended by Stats. 1996, Ch. 75, Sec. 1. Effective January 1, 1997.)
  12. 4951.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section defines “district” for this chapter to include cities, counties, city and counties, and certain municipal or public corporations or districts authorized to handle sewer systems.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4951. “District,” as used in this chapter, includes city, county, city and county, or any municipal or public corporation or district which is authorized to acquire, construct, own, or operate a sewer system. (Amended by Stats. 1951, Ch. 500.)
  13. 4952.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    In this chapter, “governing body” means the governing body of the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4952. “Governing body,” as used in this chapter, means the governing body of the district. (Enacted by Stats. 1939, Ch. 60.)
  14. 4953.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section defines “clerk” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4953. “Clerk,” as used in this chapter, means the clerk or secretary of the governing body or of the district. (Enacted by Stats. 1939, Ch. 60.)
  15. 4954.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section defines “Area” for this chapter as the area served, or proposed to be served, by the works or proposed works.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4954. “Area,” as used in this chapter, means the area served, or proposed to be served, by the works, or proposed works. (Enacted by Stats. 1939, Ch. 60.)
  16. 4955.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    In this chapter, “rates” includes rates and charges.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4955. “Rates,” as used in this chapter, includes rates and charges. (Enacted by Stats. 1939, Ch. 60.)
  17. 4956.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    In this chapter, “Bonds” means revenue bonds authorized by this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4956. “Bonds,” as used in this chapter, means revenue bonds authorized by this chapter. (Enacted by Stats. 1939, Ch. 60.)
  18. 4957.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    In this chapter, “Treasurer” means the treasurer of the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4957. “Treasurer,” as used in this chapter, means the treasurer of the district. (Enacted by Stats. 1939, Ch. 60.)
  19. 4958.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section defines “owners of improved real property” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4958. “Owners of improved real property,” as used in this chapter, means persons who are recorded on the books of the assessor and tax collector as the owners of lots or parcels of land in the area that are improved by buildings that would be subject to service of works under the provisions of this chapter, on completion of the project. (Enacted by Stats. 1939, Ch. 60.)
  20. 4959.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Referendum provisions in this chapter must be read broadly, and an election is not invalidated by minor irregularities or informalities if the law was substantially complied with.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4959. The provisions of this chapter regarding a referendum shall be liberally construed to effect the objects of this chapter, and no irregularity or informality shall invalidate the election when it appears that the provisions of law have been substantially complied with. (Enacted by Stats. 1939, Ch. 60.)
  21. 4960.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This chapter provides an additional and alternative method for acquiring, constructing, extending, and operating the works covered by the chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4960. This chapter is an additional and alternative method to those already provided for the acquisition, construction, extension, and operation of the works referred to in this chapter. (Enacted by Stats. 1939, Ch. 60.)
  22. 4961.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If part of this chapter is held invalid, the rest still remains in effect.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions and Definitions [4950 - 4961] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4961. If any section, subsection, sentence, clause, or phrase of this chapter, or the application thereof to any person or circumstance, is for any reason held invalid, the validity of the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases, or the application thereof to any person or circumstance, be held invalid. (Added by Stats. 1973, Ch. 910.)
  23. 4965.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before a district starts acquiring or building works under this chapter, its governing body must adopt a resolution stating that intention.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4965. Before a district acquires or constructs any works under this chapter, its governing body shall adopt a resolution declaring its intention to do so. (Enacted by Stats. 1939, Ch. 60.)
  24. 4966.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A resolution of intention must include specified information about the works, costs, area served, expected service, expected revenues, bond issuance, and notice of a hearing for protests or objections.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4966. The resolution of intention shall contain all of the following: (a) A brief and general description of the works. If they are to be constructed, a reference to the plans and specifications that have been prepared and filed by the engineer chosen by the governing body. (b) The estimated cost of the works to be acquired or constructed, and the amount of bonds to be issued and sold. (c) A general description of the area to be served by the proposed works, referring to a plat of the area, which shall govern for all details. (d) An estimate of the number and character of the places and properties to be served by the works, including those ready for immediate service and those in expectancy. (e) An estimate of the immediate revenue that would be received from the operation of the works, and of future revenues in expectancy. (f) A statement that revenue bonds of the district will be issued to cover the cost of the works. (g) A notice of the time and place when persons interested may appear before the governing body and be heard as to any protests or objections they may have against the acquisition or construction of the proposed works and the issuance and sale of bonds. (Amended by Stats. 1939, Ch. 1124.)
  25. 4967.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An eligible property owner may file a request with the district for a particular work, and the district may not deny the request without a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Resolution [4965 - 4967] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4967. The owner of property that may be benefited by the acquisition, construction, extension, or operation of the works referred to in this chapter may file with the district a request that a particular work be undertaken. The request may, but need not, include the descriptions and estimates referred to in Section 4966 and shall not be denied without a public hearing. (Added by Stats. 1975, Ch. 1240.)
  26. 4970.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The hearing must be scheduled no earlier than 20 days and no later than 40 days after the resolution is adopted.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4970. The time set for the hearing shall be not less than twenty nor more than forty days after the adoption of the resolution. (Enacted by Stats. 1939, Ch. 60.)
  27. 4971.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must publish the resolution twice in newspapers circulated in the district, or in a county newspaper if there is no newspaper in the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4971. The governing body shall cause the resolution to be published twice in one or more newspapers published and circulated in the district. If no newspaper is published in the district, then the publication shall be made in a newspaper published in the county in which the district is located. (Enacted by Stats. 1939, Ch. 60.)
  28. 4972.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A “Notice of Sewer Work” resolution must be posted in the district along the street with the most pedestrians, with signs at least one inch high, at least 300 feet apart, and at least three notices posted.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4972. A copy of the resolution headed “Notice of Sewer Work,” in letters not less than one inch in height, shall be posted in the district along the entire length of that street in the district which, in the opinion of the governing body, is traversed by the largest number of people. The notices shall be posted not less than 300 feet in distance apart, and not less than three notices shall be posted in any case. (Enacted by Stats. 1939, Ch. 60.)
  29. 4973.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Posting and publication must be finished at least 10 days before the hearing, and affidavits of publication and posting must be filed with the clerk.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4973. Both the posting and the publication shall be completed at least ten days before the time set for the hearing. Affidavits of publication and of posting shall be filed with the clerk. (Enacted by Stats. 1939, Ch. 60.)
  30. 4974.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must hear objections and suggestions at the scheduled hearing, may continue the hearing, may reduce the area by removing territory, and may not add new territory.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4974. At the time set for the hearing, the governing body shall hear all persons or their representatives having any objections to the acquisition or construction of the works as proposed, also any suggestions that may be offered in the way of an amendment or modification of the proposition. The governing body may continue the hearing from time to time, and modify the boundaries of the area by eliminating territory, but no new territory shall be added. (Enacted by Stats. 1939, Ch. 60.)
  31. 4975.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a qualifying petition is filed before the hearing ends, the governing body must call an election in the area.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4975. If, before the conclusion of the hearing, a petition signed by not less than 15 percent of the owners or by not less than 15 percent of the registered voters in the specified area is filed with the governing body requesting that body to submit the proposition of acquiring or constructing the proposed works to an election of the registered voters in the area, the governing body shall forthwith call an election in the area for that purpose. (Amended by Stats. 1973, Ch. 910.)
  32. 4976.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If an election is called, it must be carried out as closely as practicable under the laws for approving or rejecting city ordinances by initiative or referendum.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4976. If called, the election shall be held and conducted, the votes received and canvassed, and the returns made, determined, and declared, so far as practicable, in accordance with the laws governing the enactment or rejection of city ordinances by means of the initiative or referendum. (Amended by Stats. 1970, Ch. 406.)
  33. 4979.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the proposal is not rejected at a referendum election, the governing body may proceed.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice, Hearing, and Election [4970 - 4979] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4979. If the proposal is not rejected at a referendum election, the governing body acquires jurisdiction to proceed. (Amended by Stats. 1973, Ch. 910.)
  34. 4985.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says what costs may be counted in the cost of acquiring or constructing works financed by bonds.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4985. The cost of the acquisition or construction of the works for which bonds may be issued includes all of the following: (a) The cost of all property, rights, easements, and franchises deemed necessary or convenient therefor. (b) Engineering, clerical, legal, financial, paying and fiscal agent’s fees and expenses, cost of bond proceedings, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve (12) months after completion of construction. (c) All other expenses connected with or incident to the works in the operation and performance of the acts required by this chapter to be done. (Amended by Stats. 1957, Ch. 8.)
  35. 4986.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Sewer revenue bonds issued under this chapter must be in serial form, be titled “sewer revenue bond,” and be paid off within 40 years of their date.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4986. Bonds issued and sold under this chapter shall be revenue bonds of the character and form known as “serials.” Each bond shall be entitled “sewer revenue bond,” and shall be paid and discharged within forty years from its date. (Amended by Stats. 1939, Ch. 1124.)
  36. 4987.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Most bonds must be issued in $100 increments and may not exceed a $1,000 denomination; the governing body sets the amount.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4987. Each bond, except those of the last installment, or one of each annual installment, shall be in multiples of one hundred dollars, in such amount as the governing body determines, but no bond shall be of greater denomination than one thousand dollars. (Enacted by Stats. 1939, Ch. 60.)
  37. 4988.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The bonds must bear interest at a rate the governing body determines, but not above 8% per year, and after the first principal maturity they must be payable twice a year by coupon.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4988. The bonds shall bear interest, as the governing body shall determine, at a rate not to exceed 8 percent per annum, and shall, after the first principal maturity, be payable semiannually by coupon. (Amended by Stats. 1975, Ch. 130.)
  38. 4989.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must set the bond form and repayment terms, and may defer the first bond’s maturity date by up to five years.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4989. The governing body shall prescribe the form of the bonds, and provide that of the indebtedness represented thereby a part shall be payable each year after their date, at a time and place to be designated in the bonds, together with interest, until the whole of the indebtedness has been paid. The maturity date of the first bond or series of bonds may be deferred for a period not exceeding five years from the date of the bonds. (Enacted by Stats. 1939, Ch. 60.)
  39. 4990.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may set bond maturities, but all bonds must be fully paid within 40 years of issue.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4990. The number of bonds to be paid each year need not be the same, and the governing body may fix maturities so that the number of bonds retired each year will, in the discretion of the governing body, be most equitable and just; however, all bonds shall be completely paid within forty years from date of issue. (Enacted by Stats. 1939, Ch. 60.)
  40. 4991.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section sets who must sign sewer revenue bonds and coupons, and requires the district seal on the bond.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4991. If the district is a city, the bonds shall be signed by the mayor if there is one; otherwise by the president or chairman of the governing body, and countersigned by the clerk. The seal of the district shall be affixed to the bond. The coupons shall be signed by the treasurer by his engraved or lithographed signature. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, his signature or countersignature is nevertheless as valid and sufficient for all purposes as if he had remained in office. (Enacted by Stats. 1939, Ch. 60.)
  41. 4992.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The bond ordinance may include specified terms and provisions for sewer revenue bonds.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4992. In the ordinance authorizing the issuance of the bonds, provision may be made, but are not limited to provisions: (a) That all or part of the bonds are callable, the manner of the call and the premiums to be paid thereon; (b) That all or part of the bonds are payable at the office of a paying or fiscal agent, within or without the State, and for the payment of fees therefor; (c) For the pledge of revenues, its nature, and its parity with other sewer revenue bonds issued or to be issued; (d) For the percentage that annual net revenues shall bear to bond and interest payments; (e) For reserve, surplus and other funds usual in the issuance of revenue bonds; (f) For the duties and obligations of the district; (g) For the remedies of bondholders, which may be in addition to those provided herein; (h) For the manner of amending or abrogating the bond ordinance or refunding any or all bonds thereunder; (i) For occurrences in the event of default and the rights and remedies arising therefrom; and (j) For usual and customary covenants for the security and protection of the payment of the bonds. (Added by Stats. 1957, Ch. 8.)
  42. 4993.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If bond proceeds are short of the works’ cost, additional bonds may be issued and sold to cover the deficit, but only up to the amount needed to finish the works as originally planned.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4993. If the proceeds of the bonds for any reason are less than the cost of the works, additional bonds may in like manner be issued and sold to provide for the amount of the deficit, but not to exceed the amount necessary to complete the works according to the original plans and specifications. Such deficiency bonds shall be deemed to be the same in all respects as the original issue, and shall be entitled to payment, without preference or priority over the bonds first issued, and shall be disposed of in like manner. (Enacted by Stats. 1939, Ch. 60.)
  43. 4994.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Errors or omissions that do not affect the governing body’s jurisdiction do not invalidate the proceedings or any bond, and the exclusive remedy is to go to the governing body.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4994. No error, defect, irregularity, informality, and no neglect or omission of any officer of any district in any proceedings under this chapter, that does not affect the jurisdiction of the governing body to order the doing of the acts proposed to be done, avoids or invalidates the proceedings or any bond. The exclusive remedy of any person affected or aggrieved thereby shall be to the governing body as provided in this chapter. (Enacted by Stats. 1939, Ch. 60.)
  44. 4995.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Bonds may be set to mature after the second installment of general district taxes is collected, and the first interest coupons must cover interest from the bond date to the coupon maturity date.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4995. Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first levy of taxes for the payment of the principal and interest of said bonds is to be collected. In such event, the first interest coupons shall be for interest from the date of said bonds of such issue or series or division to the maturity date of said coupons. (Added by Stats. 1951, Ch. 1648.)
  45. 4996.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A court action to determine bond validity may be brought under the cited Civil Procedure chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4996. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1961, Ch. 1517.)
  46. 4997.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    When deciding how much in bonds to issue, the legislative body may add specified project, issuance, reserve, working capital, and limited bond-interest costs.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Bonds [4985 - 4997] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 4997. In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project. (b) All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of said bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. (Added by Stats. 1957, Ch. 1378.)
  47. 5.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    These general definitions, rules of construction, and other general provisions govern how the code is interpreted, unless the provision or context says otherwise.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 5. Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code. (Enacted by Stats. 1939, Ch. 60.)
  48. 5000.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Any district may acquire, construct, and operate works inside or outside its limits.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5000. Any district may acquire, construct, and operate works within or without its limits. (Enacted by Stats. 1939, Ch. 60.)
  49. 50000.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section says Division 31 is known as the Zenovich-Moscone-Chacon Housing and Home Finance Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50000. This division shall be known and may be cited as the Zenovich-Moscone-Chacon Housing and Home Finance Act. (Added by Stats. 1977, Ch. 610.)
  50. 50001.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature declares housing to be a matter of vital statewide importance for the health, safety, and welfare of residents.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50001. The Legislature finds and declares that the subject of housing is of vital statewide importance to the health, safety, and welfare of the residents of this state, for the following reasons: (a) Decent housing is an essential motivating force in helping people achieve self-fulfillment in a free and democratic society. (b) Unsanitary, unsafe, overcrowded, or congested dwelling accommodations or lack of decent housing constitute conditions which cause an increase in, and spread of, disease and crime. (c) A healthy housing market is one in which residents of this state have a choice of housing opportunities and one in which the housing consumer may effectively choose within the free marketplace. (d) A healthy housing market is necessary both to achieve a healthy state economy and to avoid an unacceptable level of unemployment. (Amended by Stats. 1984, Ch. 1691, Sec. 4. Effective September 30, 1984.)
  51. 50002.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The section states California’s housing policy goal: to support a decent home and suitable living environment for every American family, and to treat achieving that goal as a top priority.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50002. The Congress of the United States has established, as a national goal, the provision of a decent home and a suitable living environment for every American family and the Legislature finds and declares that the attainment of this goal is a priority of the highest order. The national housing goal, as it applies to California, is deserving of adoption by the Legislature, with the accompanying commitment to guide, encourage, and direct where possible, the efforts of the private and public sectors of the economy to cooperate and participate in the early attainment of a decent home and a satisfying environment for every Californian. (Amended by Stats. 1979, Ch. 97.)
  52. 50003.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section states California’s housing policy findings and says the Legislature’s housing goal is to provide decent homes and suitable living environments, while clarifying it does not itself require state action without legislative authorization.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50003. (a) The Legislature finds and declares that, as a result of public actions involving highways, public facilities, and urban renewal projects, and as a result of poverty and the spread of slum conditions and blight to formerly sound neighborhoods, there exists within the urban and rural areas of the state a serious shortage of decent, safe, and sanitary housing which persons and families of low or moderate income, including the elderly and handicapped, can afford. This situation creates an absolute present and future shortage of supply in relation to demand, as expressed in terms of housing needs and aspirations, and also creates inflation in the cost of housing, by reason of its scarcity, which tends to decrease the relative affordability of the state’s housing supply for all its residents. (b) To provide a decent home and suitable living environment for every California family is the basic housing goal of state government. The Legislature recognizes that the California Statewide Housing Plan shows the magnitude of this goal by documenting a substantial need for rehabilitation of existing housing, demolition and replacement of severely dilapidated housing, construction of new apartments, houses, and mobilehomes, construction or rehabilitation of housing for year-round hired and seasonal farmworkers as well as housing for migrant farmworkers, and the provision of financial assistance to a substantial number of lower income households in order to meet standards for affordable rent or housing cost. Private enterprise and investment, without governmental assistance, cannot economically achieve the needed construction of decent, safe, and sanitary housing at rents or purchase prices which persons and families of low or moderate income can afford, nor can it provide the urgently needed rehabilitation of existing housing. The Legislature also recognizes the need to provide assistance to persons and families of low and moderate income and very low income households to purchase manufactured housing and to cooperatively own the mobilehome parks in which they reside and the need to increase the supply of manufactured housing affordable to persons and families of low and moderate income and very low income households. (c) The shortage of decent, safe, and sanitary housing is inimical to the safety, health, and welfare of the residents of the state and sound growth of its communities. (d) In order to remedy such shortages, it is the intent of the Legislature in enacting this division to provide a comprehensive and balanced approach to the solution of housing problems of the people of this state. (e) This section shall not be interpreted as requiring state actions to meet housing goals without legislative authorization, or as requiring such legislative action. (Amended by Stats. 1982, Ch. 466, Sec. 73.)
  53. 50003.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature states that California has a shortage of decent, safe, and sanitary housing and emergency shelters, and describes public program goals to increase shelter supply and use subsidies and public facilities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50003.3. The Legislature finds and declares that there exists within the urban and rural areas of the state a significant number of persons without decent, safe, and sanitary housing. This shortage is inimical to the health, safety, and welfare of the residents of this state and the sound growth of its communities. Without the assistance contemplated in this division, it is not financially feasible for private enterprise and private investors to provide decent, safe, and sanitary emergency housing for persons who are homeless. The Legislature also finds and declares that in order to remedy the emergency shelter shortages, it is necessary to implement a public program incorporating all of the following elements and goals: (a) An increase in the supply of decent, safe, and sanitary emergency shelters available to the homeless. (b) Maximum utilization of state, local, and federal subsidies available to meet the emergency shelter needs of the homeless. (c) Maximum utilization of tax increment moneys generated by city and county redevelopment programs for the construction and maintenance of decent, safe, and sanitary emergency shelters. (d) Encourage the utilization of unused or underutilized public facilities which could be converted to decent, safe, and sanitary emergency shelters for the homeless. (e) Preservation of existing housing opportunities for very low income households, including, but not limited to, residential hotels. (f) Prevention of the displacement of very low income households from existing housing. (Added by Stats. 1984, Ch. 1691, Sec. 5. Effective September 30, 1984.)
  54. 50003.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature says student housing shortages are harmful and states an intent to encourage student-run, nonprofit housing cooperatives, which are eligible for applicable policies and programs under this division.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50003.5. The Legislature finds and declares that the shortage of adequate student housing is detrimental to those communities in which college and university campuses are located, causing in particular substantial upward pressure on rents, housing shortages, conversion of family housing to student use, deterioration of housing stock, and generally unfavorable housing conditions under which students must pursue their education. It is the intent of the Legislature, in enacting this section, to encourage the growth and formation of student-run and owned nonprofit housing cooperatives. Such student cooperatives shall be eligible for the applicable policies and programs provided pursuant to this division. (Added by Stats. 1980, Ch. 1133.)
  55. 50004.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature declares that encouraging adequate housing and home finance for low- and moderate-income persons and families serves the state's economic benefit and a public purpose.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50004. The Legislature finds and declares that it is to the economic benefit of the state and a public purpose to encourage the availability of adequate housing and home finance for persons and families of low or moderate income, and to develop viable urban and rural communities by providing decent housing, enhanced living environment, and increased economic opportunities for persons and families of low or moderate income. (Amended by Stats. 1979, Ch. 97.)
  56. 50005.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature declares that state housing programs should be developed with close cooperation between the state, cities, and counties, and supported by financial resources, statistical data, and technical assistance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50005. The Legislature finds and declares that full cooperation and coordination with the cities and counties of the state in meeting the housing needs of the state on a level of government which is as close as possible to the people it serves is essential if workable housing programs are to be developed and implemented. The provision to local governments of financial resources, statistical data, and technical assistance is necessary to implementation of public programs to meet housing needs with adequate consideration of the relationship between housing and the community in which the housing is located. (Amended by Stats. 1979, Ch. 97.)
  57. 50006.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

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    This section says California housing programs should be planned and carried out with attention to statewide distribution, community impact, design quality, and avoiding economic, ethnic, and racial isolation.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50006. The Legislature finds and declares that a number of federal housing programs have failed to reach the fundamental goals and purposes for which they were established, especially in urban areas. In California, this failure has often been related to inadequate consideration of the relationship between housing and the community in which the housing is located. It is the intent of the Legislature in enacting this division to seek to avoid such failures by providing a comprehensive and balanced approach to the solution of housing problems of very low income households and persons and families of low or moderate income in the state. It is further the intent of the Legislature to provide a program which gives consideration, not only to the production and financing of housing, but also to the social and aesthetic impact of such housing. A California housing program must consider the distribution throughout the state of such housing as may be assisted pursuant to this division, the avoidance of imposed economic, ethnic, and racial isolation or concentration, an emphasis on superior design, including the scale and location of such housing, the preparation of communities and persons to avail themselves of the program, and other factors which contribute to a decent living environment. Such program shall be designed to overcome racial isolation and concentration through revitalization of deteriorating and deteriorated urban areas by attracting a full range of income groups to central-city areas to provide economic integration with persons and families of low or moderate income in such areas. (Added by Stats. 1977, Ch. 610.)
  58. 50007.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Legislature states that the equity most California residents have accumulated in single-family homes must be protected and conserved.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50007. The Legislature finds and declares that the large equities that the majority of California residents in most economic strata have now accumulated in single-family homes must be protected and conserved. (Added by Stats. 1977, Ch. 610.)
  59. 50007.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

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    The Legislature states that manufactured housing can provide decent, safe, affordable shelter, and directs the Department of Housing and Community Development and the California Housing Finance Agency to encourage more manufactured housing and greater affordability for low- and moderate-income persons and families.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50007.5. The Legislature finds and declares that manufactured housing, by virtue of its production costs and sales prices can provide a source of decent, safe, and affordable shelter for persons and families of low and moderate income. The Legislature finds and declares that the availability of manufactured housing has been limited by inadequate sites for such manufactured housing and by the costs of financing the purchase of such housing. The Legislature finds and declares that, if California is to effectively meet the housing needs of persons and families of low and moderate income, it must encourage increased manufactured housing production, new manufactured housing developments, and the purchase of new manufactured housing by persons and families of low and moderate income. Therefore, it is the intent of the Legislature that the Department of Housing and Community Development and the California Housing Finance Agency, in implementing the programs established by this division, as amended by the Manufactured Housing Assistance Act of 1980, shall encourage increased availability and affordability of manufactured housing for persons and families of low and moderate income. (Added by Stats. 1980, Ch. 1136.)
  60. 50008.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

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    The section states legislative findings about housing affordability and says the housing program in the division should be implemented and construed broadly to carry out its purpose.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50008. The Legislature finds and declares that a significantly growing percentage of newly formed households are unable to achieve homeownership under existing conditions, and that preservation and enhancement of opportunities for homeownership are beneficial to the well-being and prosperity of the people of the state and contribute materially to social and economic balance and to the stability of California’s communities and of the state as a whole. The Legislature also finds and declares that the problem of housing affordability facing the first-time home buyer presents serious implications for housing market activity and for economic growth in California since the first-time home buyer is critical to a healthy market for all Californians, as all Californians are materially inhibited in seeking needed adjustments to their housing needs if potential first-time home buyers cannot enter the market; and that the ability of California to generate activity to produce new jobs is limited by the lack of affordable housing with affordable financing for the persons who would fill such jobs. It is, therefore, necessary to implement a program incorporating the elements of this division, added by the chapter of the Statutes of 1982 which enacted this section, and the provisions enacted by that chapter shall be liberally construed to effect their purposes. (Added by Stats. 1982, Ch. 320, Sec. 1. Effective June 29, 1982.)
  61. 50009.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

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    The Legislature states that tax-exempt mortgage revenue bonds should help produce affordable housing, but high interest rates may require extra subsidy, and their effectiveness should be monitored.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50009. The Legislature finds and declares that the utilization of tax-exempt mortgage revenue bonds can, and should, encourage the production of housing units affordable to low- and moderate-income persons and families. The Legislature further finds and declares that as a result of recent bond interest rates at historically high levels, tax-exempt mortgage revenue bond programs may not be able to provide housing affordable to low- and moderate-income persons and families, without an additional subsidy. The Legislature further finds and declares that the effectiveness of tax-exempt mortgage revenue bonds in reducing the housing costs of low- and moderate-income persons and families should be carefully monitored by the Legislature to permit an assessment of the costs and benefits of this financing mechanism. (Added by Stats. 1983, Ch. 323, Sec. 60.28. Effective July 1, 1983.)
  62. 5001.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    The subject of this section may acquire needed land, rights of way, or other property by gift, purchase, condemnation, or other means.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5001. It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other property necessary therefor. (Enacted by Stats. 1939, Ch. 60.)
  63. 50010.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. )

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    This section states California housing policy findings and declarations about housing costs, affordability, homelessness, housing shortages, and the need for financial assistance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 1. Legislative Findings and Declarations [50000 - 50010] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50010. (a) The Legislature finds and declares the following: (1) The high cost of housing in this state makes it impossible for most households to become homeowners and impedes the ability of California employers to compete in the national marketplace for employees. (2) Approximately 1,100,000 lower income renters pay more than 35 percent of their income for housing and over 1,600,000 lower income renters pay more than 25 percent of their income for housing. (3) Approximately 875,000 housing units need to be rehabilitated and over 385,000 units need to be replaced in the state. (4) Sufficient safe, sanitary, and affordable housing is not available for households with special needs, particularly elderly and disabled households. (5) The Department of Housing and Community Development estimates that there are between 50,000 and 75,000 homeless individuals in California and other data discloses that the fastest growing segment of the homeless population are families with children. (6) There are nearly 2,000 rental projects built in this state prior to 1980 under the Section 236, Section 221(d)(3)B.M.I.R., and Section 8 programs of the United States Department of Housing and Urban Development and the Section 515 Program of the federal Farmers Home Administration, containing approximately 123,000 units subject to potential conversion to higher rent housing or condominium units. (7) The federal budget for assisted housing has declined sharply leaving state and local government the burden of developing affordable housing. (8) The annual budget of the Department of Housing and Community Development, which includes forty-five million dollars ($45,000,000) in General Fund and special fund revenues, comprises less than two-tenths of 1 percent of the proposed 1988–89 state budget of forty-two billion three hundred million dollars ($42,300,000,000). (9) The basic housing goal for state government pursuant to subdivision (b) of Section 50003 of the Health and Safety Code is to provide a decent home and suitable living environment for every California family. (b) The Legislature further finds and declares the following: (1) There is an urgent and continuing need to provide affordable housing to meet the increasingly unfulfilled housing needs of this state. (2) There is an immediate need to reaffirm commitment to the official housing policy of the state and provide sufficient financial resources to meet this commitment over a reasonable period of time. (3) There is a need to maximize the amount of federal, state, local, and private resources available for affordable housing and to minimize the administrative costs and simplify the financing systems for producing affordable housing. (4) There is a critical need to provide financial assistance to (A) purchase, construct, and rehabilitate emergency shelters and transitional housing for homeless families and individuals, (B) construct rental housing for families and individuals, including the special housing needs of the elderly, disabled, and farmworkers, (C) preserve and rehabilitate homes and rental housing, and (D) provide home purchase assistance for first-time homebuyers. (Added by Stats. 1988, Ch. 30, Sec. 1. Effective March 14, 1988.)
  64. 5002.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    It may issue and sell bonds for acquiring and constructing works.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5002. It may issue and sell bonds for the acquisition and construction of works. (Amended by Stats. 1939, Ch. 1124.)
  65. 5003.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    The governing body has supervision and control over the works, including their construction, acquisition, operation, and the collection of rates for their use.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5003. The governing body shall have supervision and control over the construction, acquisition, and operation of the works, and the collection of rates for their use. (Enacted by Stats. 1939, Ch. 60.)
  66. 5004.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    The governing body may take steps and make contracts or agreements needed to carry out its duties and powers under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5004. The governing body may take all steps and proceedings and make and enter into all contracts or agreements necessary, convenient, or incidental to the performance of its duties or the execution of its powers under this chapter. (Enacted by Stats. 1939, Ch. 60.)
  67. 5005.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    This provision allows the entity to hire listed staff and other employees it considers necessary or convenient, and to set their pay.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5005. It may employ engineers, architects, inspectors, superintendents, a manager, collectors, attorneys, and such other employees as in its judgment are necessary or convenient in the execution of its powers and duties, and may fix their compensation. (Enacted by Stats. 1939, Ch. 60.)
  68. 50050.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    The chapter’s definitions control how this division is interpreted, unless the context says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50050. Unless otherwise indicated by the context, the definitions contained in this chapter shall govern the construction of this division. (Added by Stats. 1977, Ch. 610.)
  69. 50051.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    “Affirmative action” is defined as a program created under the agency’s rules to create greater job opportunities for disadvantaged racial, sexual, religious, ancestral, or national-origin groups.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50051. “Affirmative action” means any program created pursuant to rules and regulations of the agency to create greater job opportunities for members of disadvantaged racial, sexual, religious, ancestral, or national-origin groups. Such program shall include educational, promotional, and other appropriate activity designed to secure greater employment opportunity for the members of such groups. (Added by Stats. 1977, Ch. 610.)
  70. 50052.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section defines an “affirmative marketing program” and requires such programs to include educational, promotional, and other appropriate activities; if a community has many people with limited English fluency, related publications must be provided in their native language.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50052. “Affirmative marketing program” means any program approved by the agency that is designed to achieve greater access to housing opportunities created by this division for members of disadvantaged racial, sexual, religious, ancestral, or national-origin groups. Such program shall include educational, promotional, and other appropriate activity designed to secure greater housing opportunities for the members of such groups. Where a significant number of persons in a community have limited fluency in the English language, publications implementing an affirmative marketing program in that community shall be provided in the native language of such persons. (Added by Stats. 1977, Ch. 610.)
  71. 50052.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section sets affordable housing cost limits for owner-occupied housing with assistance and requires the department to adopt related regulatory criteria.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50052.5. (a) For any owner-occupied housing that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, “affordable housing cost” with respect to lower income households may not exceed 25 percent of gross income. (b) For any owner-occupied housing that receives assistance on or after January 1, 1991, and a condition of that assistance is compliance with this section, “affordable housing cost” may not exceed the following: (1) For extremely low income households the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit. (2) For very low income households the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit. (3) For lower income households whose gross incomes exceed the maximum income for very low income households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent times 70 percent of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household. (4) For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household. (c) The department shall, by regulation, adopt criteria defining, and providing for determination of, gross income, adjustments for family size appropriate to the unit, and housing cost for purposes of determining affordable housing cost under this section. These regulations may provide alternative criteria, where necessary to be consistent with pertinent federal statutes and regulations governing federally assisted housing. The agency may, by regulation, adopt alternative criteria, and pursuant to subdivision (f) of Section 50462, alternative percentages of income may be adopted for agency-assisted housing development. (d) With respect to moderate- and lower income households who are tenants of rental housing developments and members or shareholders of cooperative housing developments, or limited equity cooperatives “affordable housing cost” has the same meaning as affordable rent, as defined in Section 50053. (e) Regulations of the department shall also include a method for determining the maximum construction cost, mortgage loan, or sales price that will make housing available to an income group at affordable housing cost. (f) For purposes of this section, “area median income” shall mean area median income as published by the department pursuant to Section 50093. (g) For purposes of this section, “moderate income household” shall have the same meaning as “persons and families of moderate income” as defined in Section 50093. (h) For purposes of this section, and provided there are no pertinent federal statutes applicable to a project or program, “adjusted for family size appropriate to the unit” shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. (Amended by Stats. 2017, Ch. 418, Sec. 7. (AB 1714) Effective January 1, 2018.)
  72. 50053.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section sets affordable-rent limits for assisted rental housing developments and directs the department to adopt related income and rent criteria.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50053. (a) For any rental housing development that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, “affordable rent” with respect to lower income households shall not exceed the percentage of the gross income of the occupant person or household established by regulation of the department that shall not be less than 15 percent of gross income nor exceed 25 percent of gross income. (b) (1) Except as provided in paragraph (2), for any rental housing development that receives assistance on or after January 1, 1991, and a condition of that assistance is compliance with this section, “affordable rent,” including a reasonable utility allowance, shall not exceed: (A) (i) For acutely low income households, as defined in Section 50063.5, the product of 30 percent times 15 percent of the area median income adjusted for family size appropriate for the unit. (ii) This subparagraph shall apply to a lease entered into on or after January 1, 2022. (B) For extremely low income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit. (C) For very low income households, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit. (D) For lower income households whose gross incomes exceed the maximum income for very low income households, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those lower income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. (E) For moderate-income households, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. (2) Notwithstanding paragraph (1), for a rental housing development described in paragraph (1) that dedicates at least 80 percent of units, exclusive of a manager’s unit or units, to lower income households, “affordable rent,” including a reasonable utility allowance, shall not exceed an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee, if the rental housing development receives an award on or after January 1, 2025, of any of the following: (A) Federal or state low-income housing tax credits. (B) Tax-exempt private activity bonds or general obligation bonds. (C) Local, state, or federal loans or grants that utilize rent and income limits determined by the California Tax Credit Allocation Committee. (c) The department’s regulation shall permit alternative percentages of income for agency-assisted rental and cooperative housing developments pursuant to regulations adopted under subdivision (f) of Section 50462. The department shall, by regulation, adopt criteria defining and providing for determination of gross income, adjustments for family size appropriate to the unit, and rent for purposes of this section. These regulations may provide alternative criteria, where necessary, to be consistent with pertinent federal statutes and regulations governing federally assisted rental and cooperative housing. The agency may, by regulation, adopt alternative criteria, and pursuant to subdivision (f) of Section 50462, alternative percentages of income may be adopted for agency-assisted housing developments. (d) For purposes of this section, “area median income” and “moderate-income household” shall have the same meaning as provided in Section 50093. (e) For purposes of this section, and provided there are no pertinent federal or state statutes or regulations applicable to a project or program that are in conflict with this definition, “adjusted for family size appropriate to the unit” shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. If there is a conflict, the applicable state or federal statutes or regulations for the project of program shall apply. (Amended by Stats. 2025, Ch. 203, Sec. 5. (AB 1529) Effective January 1, 2026.)
  73. 50054.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section defines “Agency” as the California Housing Finance Agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50054. “Agency” means the California Housing Finance Agency. (Added by Stats. 1977, Ch. 610. Note: Conditional amendment by Stats. 1994, Ch. 94, was repealed by Stats. 1997, Ch. 580.)
  74. 50055.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Assisted housing” is housing financed through certain listed mortgages or loans, including some federal subsidy-backed arrangements and loans that meet agency requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50055. “Assisted housing” means housing financed by a below-market interest rate mortgage insured or purchased, or a loan made, by the Secretary of the United States Department of Housing and Urban Development or by the Farmers Home Administration of the United States Department of Agriculture; or a market-interest-rate mortgage insured or purchased, or a loan made in combination with, or as augmented by, a program of rent supplements or subsidies, interest subsidies, leasing, contributions or grants, or other programs as are now or hereafter authorized by federal law to serve persons and families of low or moderate income; or a mortgage or loan made pursuant to this division; or a mortgage or loan from any private or public source with an interest rate and terms satisfactory to the agency and which will meet the requirements and purposes of this division. (Added by Stats. 1977, Ch. 610.)
  75. 50056.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “below-market interest” as an interest rate set by the agency that is sufficient to provide the agency income to cover its obligations, reserves, and loan-related expenses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50056. “Below-market interest” means a below-market interest rate adequate to return to the agency sufficient income to meet its obligations, reserve requirements, and expenses connected with a loan financed by the agency for which such interest rate is established as determined by the agency at the time of commitment of funds, for the permanent financing. (Added by Stats. 1977, Ch. 610.)
  76. 50057.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Board” means the board of directors of the agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50057. “Board” means the board of directors of the agency. (Added by Stats. 1977, Ch. 610.)
  77. 50058.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Bonds” means certain notes, debentures, certificates, and other evidences of financial indebtedness issued by the agency under specified parts.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50058. “Bonds” means bonds, notes (including bond anticipation notes and construction loan notes), debentures, interim or other certificates, or other evidences of financial indebtedness issued by the agency pursuant to Part 3 (commencing with Section 50900) or Part 6 (commencing with Section 52500). (Amended by Stats. 1982, Ch. 320, Sec. 2. Effective June 29, 1982.)
  78. 50058.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “buy-down mortgage plan” as a program that lowers a purchaser’s effective mortgage interest cost below market rates through agency payments to a qualified mortgage lender.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50058.5. “Buy-down mortgage plan” is a program by which the effective interest cost to the purchaser of a real property is reduced below market rates through supplemental payments by the agency to a qualified mortgage lender in return for which the agency shall obtain from the purchaser an interest-bearing note secured by a subordinated mortgage on the property which is purchased. (Added by Stats. 1982, Ch. 320, Sec. 3. Effective June 29, 1982.)
  79. 50058.8.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “capitalized operating reserves” as capitalized funds for assisted units used to cover potential or projected operating deficits over time.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50058.8. “Capitalized operating reserves” means capitalized funds for assisted units for the purpose of covering potential or projected operating deficits over time, including, but not limited to, operations, supportive services, and rent subsidies. (Added by Stats. 2025, Ch. 22, Sec. 44. (AB 130) Effective June 30, 2025.)
  80. 50059.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Cause” as gross neglect of duties, fraud, or a violation of Section 50904 or 50905.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50059. “Cause” means gross neglect of duties, fraud, or violation of Section 50904 or 50905. (Added by Stats. 1977, Ch. 610.)
  81. 5006.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must establish rules and regulations for using the works, including sewers and connected works, as needed for successful operation.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5006. The governing body shall establish rules and regulations for the use of the works, including all sewers and works connected therewith, as may be necessary or expedient to insure the successful operation of the works. (Enacted by Stats. 1939, Ch. 60.)
  82. 50060.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “citizen participation” and sets out required elements for it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50060. “Citizen participation” means action by the local agency that is approved by the agency as sufficient to provide persons who will be affected by financing or loan insurance assistance within a neighborhood preservation area, under the provisions of Chapter 6 (commencing with Section 51300) of Part 3 of this division or under Part 4 (commencing with Section 51600) of this division, with opportunities to be involved in planning and carrying out the financing or loan insurance assistance program. “Citizen participation” shall include, but not be limited to, all of the following and in the order provided below: (a) Holding a public meeting prior to the hearing by the legislative body considering selection of the area for designation as a neighborhood preservation area. (b) Consultation with an elected or appointed citizen advisory board, composed of representatives of both owners of property in, and residents of, a proposed neighborhood preservation area, in developing a plan for public improvements and the rules and regulations for implementation of the proposed assistance program. (c) Dissemination at least seven days prior to the original hearing by mailing to property owners within the proposed neighborhood preservation area at the address shown on the latest assessment roll and by distributing to residents of the proposed neighborhood preservation area by a manner determined appropriate by the local agency, of information relating to the time and location of the hearing, boundaries of the proposed area, and a general description of the proposed assistance program. In addition to the requirements of subdivisions (a) to (c), inclusive, any other means of citizen involvement determined appropriate by the legislative body may be implemented. In lieu of initiating a new process of citizen participation, local agencies which have conducted or are conducting a citizen-participation process as part of an existing housing community development program, may substitute such citizen-participation process if the board approves such process as meeting the requirements of this section. 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. (Added by Stats. 1977, Ch. 610.)
  83. 50061.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Commission” means the Commission of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50061. “Commission” means the Commission of Housing and Community Development. (Added by Stats. 1977, Ch. 610.)
  84. 50061.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    References to the Commission of Housing and Community Development in this division are treated as references to the Department of Housing and Community Development, which may exercise the commission’s powers and must perform its duties.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50061.5. Any reference in this division to the Commission of Housing and Community Development shall be deemed to be to the Department of Housing and Community Development and the department may exercise all the powers and shall perform all the duties of the commission. (Added by Stats. 1981, Ch. 996.)
  85. 50062.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Concentrated rehabilitation area” means an area with substantial deterioration of residential structures that is designated by the agency under Section 51302.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50062. “Concentrated rehabilitation area” means an area characterized by substantial deterioration of residential structures and which is designated by the agency pursuant to Section 51302. (Added by Stats. 1977, Ch. 610.)
  86. 50062.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “congregate housing for the elderly” and says its management must provide or arrange certain services to help residents live independently.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50062.5. “Congregate housing for the elderly” means a housing development, as defined by Section 50073.5, which is planned, designed, and managed to include facilities and common space that allow for direct services and support services that maximize the residents’ potential for independent living and which is occupied by elderly or handicapped persons or households, as defined in Sections 50067 and 50072. Direct services and support services which are provided or made available shall relate to the nutritional, social, recreational, housekeeping, and personal needs of the residents and shall be provided or made available at a level necessary to assist the residents to function independently. “Direct services,” as used in this section, means meals, housekeeping services, transportation services, and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. “Support services,” as used in this section, means social services, day-care services, and in-home services which the management of the congregate housing shall assist the residents in obtaining, at the request of the residents. (Added by Stats. 1986, Ch. 1249, Sec. 2.)
  87. 50063.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    A “construction loan” is defined as a short-term loan secured by real property for development costs related to construction or rehabilitation of a housing development or residential structure.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50063. “Construction loan” means a short-term loan secured by real property, made for development costs incurred in construction or rehabilitation of a housing development or residential structure. (Amended by Stats. 1982, Ch. 312, Sec. 4. Effective June 28, 1982.)
  88. 50063.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “acutely low income households” and says the department must publish the income limits in regulations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50063.5. “Acutely low income households” means persons and families whose incomes do not exceed 15 percent of area median income, adjusted for family size and revised annually. The limits shall be published by the department in the California Code of Regulations for all geographic areas of the state. As used in this section, “area median income” means the median family income of a geographic area of the state. (Added by Stats. 2021, Ch. 354, Sec. 2. (AB 1043) Effective January 1, 2022.)
  89. 50064.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Department” as the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50064. “Department” means the Department of Housing and Community Development. (Added by Stats. 1977, Ch. 610.)
  90. 50065.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “development costs” for a housing development and lists many included cost categories.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50065. “Development costs” means the aggregate of all costs incurred in connection with a housing development which are approved by the agency as reasonable and necessary, including, but not limited to, the following: (a) The cost of refinancing or acquiring land and any buildings thereon, including payments for commissions, options, deposits, or contracts to purchase properties on a proposed housing development site or payments for the purchase of such properties. (b) The cost of site preparation, demolition, and clearing. (c) Architectural, engineering, legal, accounting, consulting, and other fees paid or payable in connection with the planning, execution, and financing of a housing development and the finding of an eligible mortgagee for a housing development. (d) The cost of necessary studies, surveys, plans, and permits. (e) The cost of insurance, interest and financing, tax and assessment costs, and other operating and carrying costs incurred during construction or rehabilitation. (f) The cost of construction, rehabilitation, reconstruction and fixtures, medical facilities, furnishings, equipment, machinery, apparatus, and similar facilities and equipment related to the real property. (g) The cost of land improvements, including, but not limited to, landscaping, site preparation and streets, sewers, utilities, and other offsite improvements, whether or not such costs are paid in cash or in a form other than cash. (h) A reasonable profit and risk fee, as defined in regulations of the agency, in addition to job overhead to the general contractor and, if applicable, to a limited-dividend housing sponsor. (i) An allowance established by the agency for working capital and for reasonable reserves set aside to defray unanticipated additional development costs. (j) Necessary expenses incurred in connection with initial occupancy of a housing development, including reserves for any anticipated operating deficits to be incurred during the construction period and the initial year of occupancy. (k) Repayment of a development loan. ( l) The cost of modifying a housing development or structure so that it is accessible to and convenient for the elderly or handicapped. (m) The cost of such other items, including tenant and homeowner relocation and tenant and homeowner counseling, as the agency shall determine to be reasonable and necessary for the development of a housing development. The statement of a specific cost item within this section shall in no way imply a requirement that the agency finance that item in making a loan on any housing development. Development costs shall not include any greater portion of the total cost of a housing development owned by a limited-dividend housing sponsor than is consistent with an equity investment sufficient to ensure a substantial and continuing interest by such sponsor in the housing development. (Added by Stats. 1977, Ch. 610.)
  91. 50066.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    A “development loan” is a loan made before a construction loan for planning, land acquisition and improvements, and site preparation for a housing development or residential structure.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50066. “Development loan” means a loan, made prior to the granting of a construction loan, for planning, acquisition of land and improvements thereon, and site preparation for a housing development or residential structure. A development loan may include costs of architectural, engineering, legal and consulting services, the cost of necessary studies, surveys and governmental permits, and the cost of any other items that the agency deems reasonable and necessary for the initial preparation for construction or rehabilitation of a housing development or residential structure. (Amended by Stats. 2000, Ch. 471, Sec. 14. Effective January 1, 2001.)
  92. 50067.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Elderly” is defined for this section as certain households or persons age 60 or older, with an agency able to adjust the age to support participation in other programs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50067. “Elderly” means a family in which the head of the household is 60 years of age or older, a single person who is 60 years of age or older, or an elderly or handicapped household as defined in Section 19903 and subject to Part 4.5 (commencing with Section 19902) of Division 13. The age may be adjusted by the agency to facilitate participation in other municipal, state, or federal programs. (Amended by Stats. 1984, Ch. 1072, Sec. 3.)
  93. 50068.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “financial interest” by referring to Section 87103 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50068. “Financial interest” has the same meaning as specified in Section 87103 of the Government Code. (Added by Stats. 1977, Ch. 610.)
  94. 50068.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “first-time home buyer” for this code section.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50068.5. “First-time home buyer” means a person who is a purchaser of an owner-occupied housing unit and who neither has, nor has had, a present ownership in a principal residence at any time during the three-year period prior to the date on which the mortgage pursuant to this division is executed, except that this limitation shall not apply to a purchaser of a principal residence in a targeted area. (Added by Stats. 1982, Ch. 320, Sec. 4. Effective June 29, 1982.)
  95. 50068.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The “First-Time Home Buyers Fund” is a fund in the General Fund and is distinguished from the California Housing Finance Fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50068.6. “First-Time Home Buyers Fund” is a fund in the General Fund, distinguished from the California Housing Finance Fund, which is created by Section 52504. (Added by Stats. 1982, Ch. 320, Sec. 5. Effective June 29, 1982.)
  96. 50068.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “First-Time Home Buyers Policy Committee” or “policy committee.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50068.7. “First-Time Home Buyers Policy Committee” or “policy committee” is the committee which performs certain policy functions and makes certain policy determinations pursuant to Part 6 (commencing with Section 52500), and which is established pursuant to Section 52502. (Added by Stats. 1982, Ch. 320, Sec. 6. Effective June 29, 1982.)
  97. 50069.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Fund” as the California Housing Finance Fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50069. “Fund” means the California Housing Finance Fund. (Added by Stats. 1977, Ch. 610.)
  98. 5007.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must make sure damaged or destroyed public ways or public works are restored or repaired and put back as nearly as practicable to their original condition, using funds provided under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5007. The governing body shall provide that all public ways or public works damaged or destroyed in carrying out the provisions of this chapter shall be restored or repaired, and placed in their original condition, as nearly as practicable, out of funds provided under this chapter. (Enacted by Stats. 1939, Ch. 60.)
  99. 50070.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Governmental agency.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50070. “Governmental agency” means the United States of America, the State of California, any city, county, or city and county within this state and any department, division, public corporation, or public agency of this state or of the United States, or two or more of such entities acting jointly, or the duly constituted governing body of an Indian reservation or rancheria. (Added by Stats. 1977, Ch. 610.)
  100. 50071.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section defines “guaranteed taxable bonds” and requires extra guarantees, insurance, or mortgage insurance if federal guarantees are below 75% of the liability.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50071. “Guaranteed taxable bonds” means bonds secured by a pledge of the full faith and credit of the United States for the payment of the principal and interest on bonds issued under the authority of this division and on which the interest is not exempted from federal income taxes. Where the federal guarantees are for less than 75 percent of the liability, municipal, state, or private guarantees, bond insurance, or mortgage insurance shall be obtained in order that the amount of all such guarantees aggregate not less than 75 percent of the principal and interest on such bonds. (Added by Stats. 1977, Ch. 610.)
  101. 50072.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section defines “handicapped” for this code provision.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50072. “Handicapped” means a family in which the head of the household is suffering from an orthopedic disability impairing personal mobility or a physical disability affecting his or her ability to obtain employment or a single person with such a physical disability, where the family or person requires special care or facilities in the home. “Handicapped” also includes a family in which the head of household suffers from a developmental disability specified in subdivision (a) of Section 38010 or a mental disorder which would render him or her eligible to participate in programs of rehabilitation or social services conducted by or on behalf of a public agency, or a single person with such a developmental disability or mental disorder. “Handicapped” also includes an elderly or handicapped household, as defined in Section 19903 and subject to Part 4.5 (commencing with Section 19902) of Division 13. (Amended by Stats. 1984, Ch. 1072, Sec. 4.)
  102. 50073.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “housing development” for housing assisted by the department and related housing financed under the division.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50073. “Housing development,” for the purpose of housing assisted by the department, means any work or undertaking of new construction or rehabilitation, or the acquisition of existing residential structures in good condition, for the provision of housing that is financed pursuant to the provisions of this division for the primary purpose of providing decent, safe, and sanitary housing for persons and families of low or moderate income. “Housing development” also means housing financed pursuant to this part for rental occupancy of, for resale to, or sold to, persons and families of low or moderate income. Notwithstanding other provisions of this section, “housing development” does not include a work or undertaking financed by a neighborhood improvement loan. A housing development may include housing for other economic groups as part of an overall plan to develop new or rehabilitated communities or neighborhoods, where housing for persons and families of low or moderate income is a primary goal. A housing development may include any buildings, land, equipment, facilities, or other real or personal property that the agency determines pursuant to its rules and regulations to be necessary or convenient in connection with the provision of housing pursuant to this division, including, but not limited to, streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities, such as administrative, community, health, recreational, educational, commercial facilities, and child-care facilities that the agency determines are an integral part of a housing development or developments. “Housing development” includes the acquisition of a residential structure by a nonprofit housing sponsor, whether or not including rehabilitation, for the purpose of forming a limited-equity housing cooperative as defined in Section 817 of the Civil Code. (Amended by Stats. 2009, Ch. 520, Sec. 6. (AB 1246) Effective January 1, 2010.)
  103. 50073.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “housing development” for the California Housing Finance Agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50073.5. “Housing development,” for the purpose of the California Housing Finance Agency, means any existing structure of five or more dwelling units or any work or undertaking of five dwelling units or more of new construction or rehabilitation for the provision of housing financed pursuant to the provisions of this division for the primary purpose of providing decent, safe, and sanitary housing for persons and families of low or moderate income. A housing development may include housing for other economic groups as part of an overall plan to develop new or rehabilitated communities or neighborhoods, where housing for persons and families of low or moderate income is a primary goal. A housing development may include any buildings, land, equipment, facilities, or other real or personal property which the agency determines pursuant to its rules and regulations to be necessary or convenient in connection with the provision of housing pursuant to this division, including, but not limited to, streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities, such as administrative, community, health, recreational, educational, commercial facilities, and child-care facilities which the agency determines are an integral part of a housing development or developments. (Added by Stats. 1981, Ch. 1031.)
  104. 50074.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “housing sponsor” for housing assisted by the department.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50074. “Housing sponsor,” for the purpose of housing assisted by the department, means any individual, joint venture, partnership, limited partnership, trust, corporation, limited equity housing cooperative, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity, or other legal entity, or any combination thereof, certified by the agency pursuant to rules and regulations of the agency as qualified to either own, construct, acquire, or rehabilitate a housing development, whether for profit, nonprofit, or organized for limited profit, and subject to the regulatory powers of the agency pursuant to rules and regulations of the agency and other terms and conditions set forth in this division. “Housing sponsor” includes persons and families of low or moderate income who are approved by the agency as eligible to own and occupy a housing development and individuals and legal entities receiving property improvement loans through the agency. (Amended by Stats. 2016, Ch. 714, Sec. 22. (SB 944) Effective January 1, 2017.)
  105. 50074.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “housing sponsor” for the California Housing Finance Agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50074.5. “Housing sponsor,” for the purpose of the California Housing Finance Agency, means any individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, or other legal entity, or any combination thereof, approved by the agency as qualified to either own, construct, acquire or rehabilitate a housing development, or a residential structure other than an owner-occupied single unit whether for profit, nonprofit, or limited profit. (Added by Stats. 1981, Ch. 1031.)
  106. 50075.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    “Legislative body” means the city council, board of supervisors, or other legislative body of the local agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50075. “Legislative body” means the city council, board of supervisors, or other legislative body of the local agency. (Added by Stats. 1977, Ch. 610.)
  107. 50076.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Limited-dividend housing sponsor” means a sponsor that owns a housing development and has its profit or cash return limited under Section 51202 and related board regulations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50076. “Limited-dividend housing sponsor” means any sponsor which owns a housing development and whose profit or cash return is limited pursuant to Section 51202 and regulations adopted by the board pursuant thereto. (Added by Stats. 1977, Ch. 610.)
  108. 50076.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “limited-equity housing cooperative” and says that, for this division, it is treated as a nonprofit corporation or nonprofit housing sponsor.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50076.5. “Limited-equity housing cooperative” means a corporation organized pursuant to Section 817 of the Civil Code and Section 11003.4 of the Business and Professions Code. For purposes of this division, a limited equity housing cooperative is a nonprofit corporation or nonprofit housing sponsor. (Amended by Stats. 2022, Ch. 632, Sec. 5. (SB 1252) Effective January 1, 2023.)
  109. 50076.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “loan” for provisions relating to the agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50076.6. “Loan,” for purposes of provisions relating to the agency, means an obligation to repay funds advanced by the agency for the purpose of financing housing that is evidenced by a promissory note or other instrument in writing and that may or may not be secured by real or personal property. (Added by Stats. 2000, Ch. 553, Sec. 1. Effective January 1, 2001.)
  110. 50077.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “local agency.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50077. “Local agency” means a city, county, city and county, or duly constituted governing body of an Indian reservation or rancheria and includes any governmental agency or local public entity to which a city, county, city and county, or duly constituted governing body of an Indian reservation or rancheria may, after a public hearing, delegate functions under this division. (Amended by Stats. 2019, Ch. 660, Sec. 1. (AB 1010) Effective January 1, 2020.)
  111. 50078.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “local housing agent.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50078. “Local housing agent” means a city, county, city and county, or combination thereof acting jointly, or the duly constituted governing body of an Indian reservation or rancheria which is certified by the department pursuant to Section 51252 to review applications by prospective housing sponsors for loans made or assisted under this division for housing developments proposed within the territorial boundaries of the local housing agent. (Added by Stats. 1977, Ch. 610.)
  112. 50079.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “local public entity.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50079. “Local public entity” means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24, and also includes any state agency, public district, or other political subdivision of the state, and any instrumentality thereof, that 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. (Amended by Stats. 2019, Ch. 660, Sec. 2. (AB 1010) Effective January 1, 2020.)
  113. 50079.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “lower income households” and “area median income,” and directs the department to publish the income limits in the California Code of Regulations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50079.5. (a) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. (b) “Lower income households” includes very low income households, as defined in Section 50105, and extremely low income households, as defined in Section 50106. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law. (c) As used in this section, “area median income” means the median family income of a geographic area of the state. (Amended by Stats. 2002, Ch. 782, Sec. 24. Effective January 1, 2003.)
  114. 5008.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district may take specified actions in operating the works, including selling or disposing of by-products, building and operating needed pipe lines and other works, using recovered water or sewage effluent beneficially, exercising eminent domain when necessary, and making needed contracts with certain U.S. agencies.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5008. In the operation of the works, the district may do any or all of the following: (a) Sell, or otherwise dispose of any water, sewage effluent, fertilizer, or other by-products resulting from the operation of a sewerage system or sewage treatment or disposal plant, and construct, maintain, and operate such pipe lines and other works as may be necessary for those purposes. (b) Construct, maintain, and operate pipe lines or such other works as may be necessary to conserve and put to beneficial use any water or sewage effluent recovered from the operation of the sewerage system, plant, or works by sale or disposition for agricultural or industrial purposes, including irrigation, or by discharging or spreading the water or sewage effluent in such manner as to percolate into the underground gravels and replenish natural water resources. (c) Exercise the power of eminent domain under the Constitution and laws of the State in so far as it may be necessary to carry out the provisions of this chapter. (d) Make such contracts with the Reconstruction Finance Corporation or other fiscal agency of the United States as are necessary to meet the requirements of the Emergency Relief and Construction Act of 1932. (Enacted by Stats. 1939, Ch. 60.)
  115. 50080.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Market interest” as the interest rate set by the agency that is generally available in the private market for similar housing loans.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50080. “Market interest” means the interest rate determined by the agency to be the interest rate generally available in the private market for similar housing loans. (Amended by Stats. 1981, Ch. 1031.)
  116. 50081.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Market rent” is the monthly rent set by the agency under its own regulations, unless federal regulations require a different method.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50081. “Market rent” means the monthly rent established by the agency as competitive according to its own regulations, except where federal regulations provide a required method of determining market rent. Determination of market rent may be reviewed annually upon application by the mortgagor, subject to applicable federal regulations, if any. (Added by Stats. 1977, Ch. 610.)
  117. 50082.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Metropolitan area” means a standard metropolitan statistical area established by the United States Office of Management and Budget.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50082. “Metropolitan area” means a standard metropolitan statistical area as established by the United States Office of Management and Budget. (Added by Stats. 1977, Ch. 610.)
  118. 50082.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Mobilehome park” means the same thing as the term is defined in Section 18214.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50082.7. “Mobilehome park” shall have the same meaning as such term is defined in Section 18214. (Added by Stats. 1980, Ch. 1136.)
  119. 50083.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “mortgage” to include a mortgage, deed of trust, or other instrument that may be a lien on real property, and also the note secured by that instrument.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50083. “Mortgage” means a mortgage, deed of trust, or other instrument that may be a lien on real property. “Mortgage” includes the note secured by such an instrument. (Amended by Stats. 2000, Ch. 553, Sec. 2. Effective January 1, 2001.)
  120. 50084.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “mortgage deficient area.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50084. “Mortgage deficient area” means an area where private lenders have failed to provide sufficient mortgage credit for financing or refinancing of new, existing, or rehabilitated housing developments, and such practices have caused or threaten to cause a decline in the condition or quality of the housing stock in the area. (Added by Stats. 1977, Ch. 610.)
  121. 50085.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Mortgage assistance area” means an area with a shortage of available mortgage financing, no general deterioration of residential structures, and agency designation under Section 51304.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50085. “Mortgage assistance area” means an area characterized by a deficiency of available mortgage financing but in which general deterioration of residential structures has not occurred, and which is designated by the agency pursuant to Section 51304. (Added by Stats. 1977, Ch. 610.)
  122. 50086.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “mortgage loan” as a loan secured by a mortgage and used for financing, including refinancing, to support long-term affordability in certain housing projects or an owner-occupied unit.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50086. “Mortgage loan” means a loan that is secured by a mortgage and is made for financing, including refinancing of existing mortgage obligations, to create or preserve the long-term affordability of a housing development or a residential structure in the state, or a buy-down mortgage loan secured by a mortgage, of an owner-occupied unit in this state. (Amended by Stats. 2008, Ch. 281, Sec. 1. Effective September 25, 2008.)
  123. 50087.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “mutual self-help housing.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50087. “Mutual self-help housing” means assisted housing for which persons and families of low or moderate income contribute their own labor in individual or group efforts to provide decent, safe, and sanitary housing for themselves, their families, and others occupying the housing. (Added by Stats. 1977, Ch. 610.)
  124. 50089.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Neighborhood preservation area” as a concentrated rehabilitation area, scattered-site rehabilitation area, or mortgage assistance area.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50089. “Neighborhood preservation area” means any concentrated rehabilitation area, scattered-site rehabilitation area, or mortgage assistance area. (Added by Stats. 1977, Ch. 610.)
  125. 5009.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    When a community gets a sewerage system under this chapter, the local governing body must treat cesspools and other local sewage disposal methods as a public nuisance and require nearby buildings to connect to the sewer system.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5009. Whenever any community in the district is provided with a sewerage system under this chapter the governing body having jurisdiction over that community shall declare the further maintenance or use of cesspools or other local means of sewage disposal to be a public nuisance and shall require all buildings inhabited or used by human beings to be connected with the sewerage system, within ninety days from completion, if the buildings to be served thereby are within one hundred feet of the system. (Enacted by Stats. 1939, Ch. 60.)
  126. 50090.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Nonmetropolitan area” means an area not included in a metropolitan area.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50090. “Nonmetropolitan area” means an area not included in a metropolitan area. (Amended by Stats. 1979, Ch. 96.)
  127. 50091.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “nonprofit housing sponsor” and “nonprofit corporation” for this code chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50091. “Nonprofit housing sponsor” or “nonprofit corporation” means a nonprofit corporation incorporated pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code or a corporation or association that is, or will be qualified as, a cooperative housing corporation for purposes of subdivision (a) of Section 17265 of the Revenue and Taxation Code, a nonprofit student housing cooperative, or a limited equity housing cooperative and that is certified by the agency as qualified to own a housing development if financed or assisted by the agency. A “nonprofit corporation” shall also include a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5. (Amended by Stats. 2023, Ch. 770, Sec. 14. (AB 1764) Effective January 1, 2024.)
  128. 50092.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This provision defines “owner-occupied housing development” for housing assisted by the department.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50092. “Owner-occupied housing development”, for the purpose of housing assisted by the department, means a housing development containing not more than four residential units, one of which is occupied by the owner of the housing development. (Amended by Stats. 1981, Ch. 1165.)
  129. 50092.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “owner-occupied housing unit” for Part 6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50092.1. “Owner-occupied housing unit”, for the purpose of Part 6 (commencing with Section 52500), means a single-family dwelling situated in California which is occupied by the owner, and includes a dwelling unit in a stock cooperative, as defined by Section 11003.2 of the Business and Professions Code, a community apartment project, as defined by Section 11004 of the Business and Professions Code, or a condominium project, as defined by subdivision (c) of Section 11004. 5 of the Business and Professions Code. (Added by Stats. 1982, Ch. 320, Sec. 8. Effective June 29, 1982.)
  130. 50093.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “public transit corridor” and “level of service.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50093.5. “Public transit corridor” means that area within one-quarter mile of a route on which the level of service is at or above the average for the transit system as a whole, according to the transit operator serving the area, and on which regularly scheduled public mass transit service stops are located, or within one-quarter mile of an existing or planned public mass transit guideway or busway station, or within one-quarter mile of a multimodal transportation terminal serving public mass transit operations. “Level of service,” unless otherwise defined by the transit operator, means the frequency of headways and the number of vehicles per day. (Amended by Stats. 1981, Ch. 485.)
  131. 50093.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines a “property improvement loan” and says it may be secured by a deed of trust, except that loans made outside a neighborhood preservation area must be unsecured and cannot exceed $15,000.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50093.6. “Property improvement loan” means an advance of money, evidenced by a note, to finance rehabilitation and general repairs and improvements to a residence consistent with the purposes of this division. A property improvement loan may, but need not be, secured by a deed of trust. However, a property improvement loan made outside a neighborhood preservation area shall be unsecured and shall not exceed fifteen thousand dollars ($15,000). (Added by renumbering Section 50093.5 (as added by Stats. 1979, Ch. 1207) by Stats. 1980, Ch. 676.)
  132. 50094.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “qualified mortgage lender” and says the agency must promptly decertify one that it determines has violated state law or an agreement with the agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50094. (a) Except as otherwise provided in subdivision (b), “qualified mortgage lender” means a mortgage lender certified by the agency, pursuant to rules and regulations thereof, to do business with the agency or a housing authority certified by the agency as capable of financing the construction or rehabilitation of residential structures. (b) “Qualified mortgage lender”, as used in Part 6 (commencing with Section 52500), means a mortgage lender certified by the policy committee, pursuant to agency rules and regulations adopted by the policy committee, to do business with the agency as capable of financing the construction or purchase of dwellings. (c) A qualified mortgage lender, as defined in subdivision (a) or (b), may be a bank or trust company, mortgage banker, federal- or state-chartered savings and loan association, service corporation, or other financial institution or governmental agency which is deemed capable of providing service or otherwise aiding in the financing of construction loans and mortgage loans, and nothing in any other provisions of state law shall prevent such a lender or governmental agency from serving as a qualified mortgage lender under this division. A “qualified mortgage lender” that is determined by the agency to have violated state law of the terms of any agreement with the agency shall be promptly decertified. (Amended by Stats. 1982, Ch. 320, Sec. 9. Effective June 29, 1982.)
  133. 50095.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “real property” broadly to include land and related improvements, fixtures, appurtenant property, estates, interests, rights, leaseholds, and certain liens.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50095. “Real property” means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including leaseholds, terms of years, and liens by way of judgment, mortgage, or otherwise. (Added by Stats. 1977, Ch. 610.)
  134. 50096.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Rehabilitation” means repairs and improvements to a substandard residential structure needed to meet rehabilitation standards.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50096. “Rehabilitation” means repairs and improvements to a substandard residential structure necessary to make it meet rehabilitation standards. As used in this section, “substandard residential structure” has the same meaning as the term “substandard building,” as defined in subdivision (f) of Section 17920. (Added by Stats. 1977, Ch. 920.)
  135. 50097.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “rehabilitation standards” for purposes of the Housing and Home Finance code.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50097. “Rehabilitation standards” means applicable state or local building or housing standards adopted pursuant to the State Housing Law, Part 1.5 (commencing with Section 17910) of Division 13, or continued in effect pursuant thereto. For the purposes of Chapter 6.5 (commencing with Section 50660) of Part 2, “rehabilitation standards” (a) includes room additions necessary to prevent overcrowding of low-income or moderate-income households and (b) additionally, includes changes in grade, drainage facilities, or other improvements related to flood control and required by local ordinance or regulation as a condition to continued operation of a mobilehome park applying for or receiving a loan pursuant to Section 50662.2. (Amended by Stats. 1988, Ch. 1174, Sec. 2.)
  136. 50098.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    “Rents” means the charges paid by low- or moderate-income persons and families to occupy an assisted housing development, including rental or cooperative units.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50098. “Rents” means the charges paid by the persons and families of low or moderate income for occupancy in a housing development assisted under this division whether the units are rented or operated as a cooperative. (Amended by Stats. 1979, Ch. 96.)
  137. 50099.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “residential structure” for housing assisted by the department.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50099. “Residential structure”, for the purpose of housing assisted by the department, means a real property improvement used, or intended to be used, for residential or mixed residential and commercial purposes, or for commercial purposes if, in the judgment of the department, it is an integral part of a residential neighborhood. (Amended by Stats. 1981, Ch. 1165.)
  138. 50099.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “residential structure” for the California Housing Finance Agency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50099.5. “Residential structure,” for the purpose of the California Housing Finance Agency, means any existing structure of one to four units or any work or undertaking of one to four dwelling units of new construction or rehabilitation for the provision of housing financed pursuant to the provisions of this division for the primary purpose of providing decent, safe, and sanitary housing for persons and families of low or moderate income. “Residential structure” may include any buildings, land, equipment, facilities, or other real or personal property which the agency determines to be necessary or convenient in connection with the provision of housing pursuant to this division, and including, but not limited to, streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities including, but not limited to, administrative, community, health, recreational, educational, commercial, and child care facilities which the agency determines are an integral part of a residential neighborhood. (Amended by Stats. 1989, Ch. 756, Sec. 2.)
  139. 5010.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Works over $500 must be done by contract awarded to the lowest responsible bidder, unless the governing body follows a condition or request to use day labor instead.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5010. All works acquired or constructed under this chapter where the expense involved exceeds five hundred dollars, shall be done by contract which shall be awarded to the lowest responsible bidder as provided in this chapter. If the bonds are purchased by the Reconstruction Finance Corporation or other fiscal agency of the United States on condition or request that the governing body have the work performed by day labor instead of by contract, the governing body may comply with the condition or request and the work need not be done by contract. (Enacted by Stats. 1939, Ch. 60.)
  140. 50100.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “rules” and “regulations” by reference to the Government Code, and says department and agency regulations are subject to those provisions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50100. “Rules”, “regulations”, or “rules and regulations” mean regulations as defined in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. All regulations of the department and agency shall be subject to such provisions. (Amended by Stats. 1981, Ch. 1165.)
  141. 50101.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “Rural area” and allows the department or agency to change the definition to match federal program changes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50101. “Rural area” means any open country or any place, town, village, or city which by itself and taken together with any other places, towns, villages, or cities that it is part of or associated with: (a) has a population not exceeding 10,000; or (b) has a population not exceeding 20,000 and is contained within a nonmetropolitan area. “Rural area” additionally includes any open country, place, town, village, or city located within a Standard Metropolitan Statistical Area if the population thereof does not exceed 20,000 and the area is not part of, or associated with, an urban area and is rural in character. This definition may be changed by the department or the agency, as the case may be, to conform to changes in federal programs. (Amended by Stats. 1979, Ch. 1045.)
  142. 50102.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “rural mortgage area” as an area outside any city, metropolitan area, or urban county.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50102. “Rural mortgage area” means an area outside any city, metropolitan area or urban county, as such terms are defined by Section 102 of the Housing and Community Development Act of 1974 (P.L. 93-383). (Added by Stats. 1977, Ch. 610.)
  143. 50103.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This provision defines “statistical area” and says it is an area established by the policy committee for calculating maximum acquisition costs for certain owner-occupied housing units.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50103.5. “Statistical area” means an area established by action of the policy committee for purposes of determining the maximum acquisition costs for an owner-occupied housing unit to be financed pursuant to Part 6 (commencing with Section 52500). Such areas shall be any one of the following: (a) A metropolitan area. (b) A county which is not within a metropolitan area. (c) A grouping of counties as determined by the policy committee, which are not within a metropolitan area, if insufficient recent statistical data exists for the purposes of this division for any county within such grouping. (Added by Stats. 1982, Ch. 320, Sec. 10. Effective June 29, 1982.)
  144. 50104.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50104. “Subsidy” means any financial assistance specifically provided by a governmental agency for the benefit of persons and families of low or moderate income, which is paid to an occupant of housing financed pursuant to this part for housing costs or which reduces such occupant’s housing costs. “Subsidy” shall not include any benefit resulting from a loan made by the agency nor any benefit derived from the abatement of taxes levied by the state or a political subdivision thereof. (Added by Stats. 1977, Ch. 610.)
  145. 50104.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “systematic enforcement” for rehabilitation standards inspections of dwelling structures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50104.5. “Systematic enforcement” 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.)
  146. 50104.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “targeted area” for Part 6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50104.6. “Targeted area”, for the purposes of Part 6 (commencing with Section 52500), means a census tract as designated by the United States Secretary of Commerce, in which 70 percent or more of the families have an income which is 80 percent or less of the statewide median family income, or is an area of economic distress as determined by the policy committee based on the criteria for establishing such areas contained in the second Section 6a. 103A-1 (b) (3) of Title 26 of the Code of Federal Regulations (See 46 FR 4315, dated July 1, 1981). (Added by Stats. 1982, Ch. 320, Sec. 11. Effective June 29, 1982.)
  147. 50104.6.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “tribally designated housing entity” and says certain funding-eligibility references must be read to include one.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50104.6.5. “Tribally designated housing entity” means an entity as defined in Section 4103 of Title 25 of the United States Code. For the purposes of determining the eligibility of an applicant for funding under a program authorized by Part 2 (commencing with Section 50400), references to a local public entity, nonprofit corporation, nonprofit housing sponsor, or governing body of an Indian reservation or rancheria in any statute included in, or in any regulation promulgated to implement, Part 2 (commencing with Section 50400) shall be deemed to include a tribally designated housing entity. (Added by Stats. 2016, Ch. 714, Sec. 23. (SB 944) Effective January 1, 2017.)
  148. 50104.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “urban area” as any part of a county or the state that is not a rural area.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50104.7. “Urban area” means any portion of a county or the state which is not a rural area. (Added by renumbering Section 50104.5 (as added by Stats. 1979, Ch. 96) by Stats. 1979, Ch. 1191.)
  149. 50105.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

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    This section defines “very low income households” and “area median income,” and requires the department to publish qualifying limits in the California Code of Regulations. If federal standards stop, the department must set income limits at 50% of area median income, adjusted for family size and revised annually.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50105. (a) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. These qualifying limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for very low income households for all geographic areas of the state at 50 percent of area median income, adjusted for family size and revised annually. (b) “Very low income households” includes extremely low income households, as defined in Section 50106. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law. (c) As used in this section, “area median income” means the median family income of a geographic area of the state. (Amended by Stats. 2002, Ch. 782, Sec. 25. Effective January 1, 2003.)
  150. 50106.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section defines “extremely low income households” and “area median income,” and requires the department to publish and, if needed, establish income limits by regulation.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 2. Definitions [50050 - 50106] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50106. “Extremely low income households” means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as established and amended from time to time by the Secretary of Housing and Urban Development and defined in Section 5.603(b) of Title 24 of the Code of Federal Regulations. These limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for extremely low income households for all geographic areas of the state at 30 percent of area median income, adjusted for family size and revised annually. As used in this section, “area median income” means the median family income of a geographic area of the state. (Added by Stats. 2001, Ch. 741, Sec. 16. Effective January 1, 2002.)
  151. 5011.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must comply with the Emergency Relief and Construction Act of 1932 on labor and related matters, unless that would conflict with the Constitution and laws of this State.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5011. The governing body shall comply with all the conditions and requirements of the Emergency Relief and Construction Act of 1932, respecting the employment of labor, and other matters in connection therewith unless they are in conflict with the Constitution and laws of this State. (Enacted by Stats. 1939, Ch. 60.)
  152. 5012.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before awarding a construction contract, the governing body must publish a notice inviting sealed bids.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5012. Before awarding any contract for construction of works the governing body shall cause to be published a notice inviting sealed bids for doing it. The notice shall refer to the plans and specifications on file. It shall be published twice in a daily, semi-weekly, or weekly newspaper, published and circulated in the district, and designated by the governing body. If there is no newspaper published in the district, and the district is less than a county, the notice shall be published in a newspaper in the county in which the district is located. The time fixed for receiving bids shall be not less than ten days from the first publication of the notice. (Enacted by Stats. 1939, Ch. 60.)
  153. 5013.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Bids must be accompanied by a certified check payable to the district, and the check must be at least 10% of the bid total.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5013. All bids shall be accompanied by a certified check payable to the district for an amount that is not less than ten per cent of the aggregate of the bid. No bid shall be considered unless accompanied by the check. (Enacted by Stats. 1939, Ch. 60.)
  154. 5014.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Bids must be delivered to the clerk, and the governing body must open, examine, and declare them in open session.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5014. The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them. (Enacted by Stats. 1939, Ch. 60.)
  155. 5015.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may reject all bids if it thinks doing so is for the public good, but it must reject any bids other than the lowest regular responsible bidder. It may also award the contract to that bidder at the bid price.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5015. The governing body may reject all bids if it deems this for the public good, and shall reject all bids other than the lowest regular responsible bidder, and may award the contract to him at the price named in his bid. (Enacted by Stats. 1939, Ch. 60.)
  156. 50152.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. )

    Verify source ↗

    The department is responsible for coordinating housing and community development relationships, leading housing policy implementation, handling listed housing programs, and enforcing building and housing standards.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. ) ## 50152. The department shall be the principal state department responsible for coordinating federal-state relationships in housing and community development, except for housing finance, and for evaluating the operations and accomplishments of other state departments as they affect housing and community development. The department shall have primary responsibility for development and implementation of housing policy. In addition, the department shall be the primary agency in the implementation of that policy. The types of programs for which the department is responsible include, but are not limited to, technical assistance, rental subsidies, predevelopment loans, loans and grants for solar energy installation, grants and loans for the construction and rehabilitation of housing for persons and families of low or moderate income, and financial and other assistance to local public entities and nonprofit organizations for housing-related services. The department is also responsible for the development and enforcement of building and housing standards and regulations as provided by law to protect the public’s health and safety. Nothing in this section is, however, intended to supersede Part 1.5 (commencing with Section 17910) of Division 13. All housing programs not expressly assigned to other agencies shall be assigned to the department for implementation. (Amended by Stats. 1985, Ch. 675, Sec. 1.)
  157. 50152.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. )

    Verify source ↗

    The department or agency must not adopt or publish a building standard unless the statute expressly excepts specified State Building Standards Law provisions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. ) ## 50152.5. Notwithstanding any other provision of this division or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13, on and after January 1, 1980, the department or the agency shall not adopt nor publish a building standard as defined in Section 18909 unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944 and 18945 of this code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this division and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.)
  158. 50152.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. )

    Verify source ↗

    The department may issue regulations setting habitability standards for assisted dwelling units.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. ) ## 50152.7. The department may promulgate regulations establishing habitability standards for dwelling units assisted by the department providing for the density, use, and physical standards of housing units shared pursuant to Section 19904, for the purpose of assuring decent, safe, and sanitary standards for those households while taking into account the special circumstances of shared housing. Notwithstanding any other provision of law, these regulations shall not be considered building standards and shall be treated as program regulations promulgated pursuant to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1984, Ch. 1072, Sec. 2.)
  159. 50156.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. )

    Verify source ↗

    The California Housing Finance Agency must give the Legislature and Legislative Analyst information in each annual report about units produced, assisted, or insured with agency funds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. ) ## 50156. The California Housing Finance Agency shall provide to the Legislature and the Legislative Analyst, in each annual report required by Section 51005, information concerning all units produced, assisted, or insured using agency funds. This information shall include, but shall not be limited to, the sales prices of these units, the number of units within various price ranges or price classifications, the rents being charged for the units, the number of rental units within each price range, the number of households by income level purchasing the units, and the number by household income occupying the rental units. (Added by renumbering Section 50154 (as added by Stats. 1983, Ch. 323) by Stats. 1987, Ch. 904, Sec. 1. Effective September 21, 1987.)
  160. 50157.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. )

    Verify source ↗

    This section moves administration of three homelessness programs from the Interagency Council on Homelessness to the Department of Housing and Community Development by July 1, 2024.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3. Agency and Department Responsibilities [50150 - 50157] ( Chapter 3 repealed and added by Stats. 1979, Ch. 97. ) ## 50157. In accordance with subdivision (e) of Section 50231, responsibility for administering the following programs shall transfer from the Interagency Council on Homelessness to the Department of Housing and Community Development on or before July 1, 2024: (a) The Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230)). (b) The Encampment Resolution Funding program authorized by Chapter 7 (commencing with Section 50250). (c) The Family Homelessness Challenge Grants and Technical Assistance Program authorized by Chapter 8 (commencing with Section 50255). (Added by Stats. 2024, Ch. 48, Sec. 3. (AB 166) Effective July 2, 2024.)
  161. 5016.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If bids are rejected or none are received, the governing body may readvertise for bids without further proceedings.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5016. If the bids are rejected or if no bids are received, the governing body may readvertise for bids as in the first instance without further proceedings. (Enacted by Stats. 1939, Ch. 60.)
  162. 5017.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A successful bidder must sign the contract to do the work within 20 days after written notice of the award is mailed, or the bid check and stated amount are forfeited to the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5017. If the successful bidder fails, neglects, or refuses for twenty days after written notice of the award has been mailed him to enter into the contract to perform the work, the check accompanying his bid, and the amount therein named, shall be declared forfeited to the district, and shall be collected by it and paid into its general fund. (Enacted by Stats. 1939, Ch. 60.)
  163. 50172.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [50172 - 50175] ( Heading of Article 1 renumbered from Article 2 by Stats. 1994, Ch. 1164, Sec. 2. )

    Verify source ↗

    This section defines key terms used in this chapter on qualified mortgage bonds and mortgage credit certificates.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [50172 - 50175] ( Heading of Article 1 renumbered from Article 2 by Stats. 1994, Ch. 1164, Sec. 2. ) ## 50172. As used in this chapter, the following terms have the following meanings: (a) “Certificate credit rate” means the rate of the credit allowed by this chapter that is specified in the mortgage credit certificate. (b) “Certified indebtedness amount” means the amount of indebtedness that meets both of the following criteria: (1) Is incurred by the taxpayer for any of the following purposes: (A) To acquire the principal residence of the taxpayer. (B) As a qualified home improvement loan, as defined by Section 103A(l)(6) of Title 26 of the United States Code, on that residence. (C) As a qualified rehabilitation loan, as defined by Section 103A(l)(7) of Title 26 of the United States Code. (2) Is specified in the mortgage credit certificate. (c) “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 8869.83 of the Government Code. (d) “Federal act” means, for purposes of mortgage credit certificates, Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). (e) “Issuer” means a state agency or local agency and includes a redevelopment agency, housing authority or other local entity, authorized by state law to issue qualified mortgage bonds, to which the committee has assigned an allocation under this chapter. (f) “Mortgage credit certificate” means any certificate that does all of the following: (1) Is issued under a qualified mortgage credit certificate program by a state or local agency that has authority to issue qualified mortgage bonds to provide financing on the principal residence of a taxpayer. (2) Is issued to a taxpayer by a state or local agency in connection with the acquisition, qualified rehabilitation, or qualified home improvement of the taxpayer’s principal residence. (3) Specifies the certificate credit rate and the certified indebtedness amount. (g) “Mortgage credit certificate program” means any program established by the state or a local agency for any calendar year in which the state or a local agency is authorized to issue qualified mortgage bonds and under which the issuing agency elects not to issue an amount of qualified mortgage bonds it may otherwise issue during the calendar year. (Amended by Stats. 2024, Ch. 493, Sec. 1. (SB 1512) Effective January 1, 2025.)
  164. 50175.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [50172 - 50175] ( Heading of Article 1 renumbered from Article 2 by Stats. 1994, Ch. 1164, Sec. 2. )

    Verify source ↗

    This section says the chapter is meant to work consistently with specified federal tax laws, and it does not apply to bond issuances that are excepted from or unaffected by those federal laws.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [50172 - 50175] ( Heading of Article 1 renumbered from Article 2 by Stats. 1994, Ch. 1164, Sec. 2. ) ## 50175. This chapter is enacted in implementation of the Mortgage Subsidy Bond Tax Act of 1980 (Title XI, Public Law 96-499) and Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). Accordingly, the definitions contained in this article and the provisions of this chapter shall be construed to be consistent with the purposes and provisions of those federal acts and in its implementation. This chapter does not apply to any issuance of bonds which is excepted from, or otherwise not affected by, the federal acts. To the extent that any provision of this chapter is held to be inconsistent with or repugnant to the federal acts, the provision shall be given effect in accordance with its terms to the greatest extent possible and consistent with the federal acts, and the inconsistency shall have no effect on the remaining provisions of this chapter. (Amended by Stats. 1985, Ch. 1399, Sec. 4. Effective October 1, 1985.)
  165. 5018.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each contractor must execute a surety bond when entering the contract, and the bond must be approved by the governing body and be at least 25% of the contract amount.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5018. Each contractor shall, at the time of entering into the contract, execute a surety bond to the satisfaction and approval of the governing body in a sum not less than twenty-five per cent of the amount of the contract, conditioned upon its faithful performance. (Enacted by Stats. 1939, Ch. 60.)
  166. 5019.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The contract must require the work to start within 20 days after the contractor gets written notice from the clerk that enough money or revenue bonds are available in the special fund to pay the contract price.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5019. The contract shall provide that the work shall be commenced within twenty days after the contractor has received written notice from the clerk that there is sufficient money or revenue bonds in the special fund provided to pay the contract price. (Enacted by Stats. 1939, Ch. 60.)
  167. 50197.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    An issuer may establish a mortgage credit certificate program under this article.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50197.1. An issuer may establish a mortgage credit certificate program pursuant to this article. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  168. 50197.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    If an issuer chooses to exchange mortgage bond authority for mortgage credit certificate authority, it must notify the committee and include specific details in that notice. The issuer may also revoke the election if it tells the committee the exchange cannot be carried out successfully.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50197.2. (a) An issuer shall notify the committee if the issuer elects to exchange all or part of the issuer’s authority to issue qualified mortgage bonds for authority to issue mortgage credit certificates. The notification shall include a statement which does both of the following: (1) Specifies the amount of the qualified mortgage bond authority that the issuer will not be issuing in order to issue mortgage credit certificates. (2) Explains how the issuer shall assure that the dollar amount of mortgage credit certificate authority will not be exceeded. (b) An issuer may revoke the election if the issuer notifies the committee that it cannot successfully carry out that exchange. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  169. 50197.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    A local agency may issue a mortgage credit certificate under a mortgage credit certificate program.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50197.3. A mortgage credit certificate may be issued under a mortgage credit certificate program by a local agency pursuant to this chapter and the federal act, as defined by subdivision (g) of Section 50172. (Amended by Stats. 2025, Ch. 67, Sec. 120. (AB 1170) Effective January 1, 2026.)
  170. 50197.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    A local agency may assign all or part of its annual allocation to another qualified issuer if approved by the California Debt Limit Allocation Committee, and the issuer must agree to issue mortgage credit certificates to qualifying homeowners in the assigning agency’s territory.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50197.5. Any local agency may, upon the approval of the California Debt Limit Allocation Committee pursuant to subdivision (d) of Section 8869.85 of the Government Code, by written agreement assign to any other issuer having the authority to issue qualified mortgage bonds under the laws of this state all or any part of the local agency’s allocation pursuant to Sections 50189, 50190, and 50191 for the calendar year. Under the assignment, the issuer shall agree to issue mortgage credit certificates to qualifying homeowners of property located within the territory of the assigning local agency, provided however that if, after a reasonable attempt and for reasons beyond the control of the issuer, the issuer is unable to issue all of the assigned certificates to homeowners of property located within the territory of the assigning local agency, any remaining certificates may be issued to qualifying homeowners of property located within the county within which the assigning local agency is located. (Added by Stats. 1989, Ch. 1069, Sec. 1.)
  171. 50197.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    If an issuer exchanges all or part of a supplementary allocation of qualified mortgage bonds for authority to issue mortgage credit certificates, those certificates are subject to the restriction in Section 50189(b).

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50197.7. If an issuer elects to exchange all or part of a supplementary allocation of qualified mortgage bonds for authority to issue mortgage credit certificates, the issuance of those mortgage credit certificates shall be subject to the restriction imposed by subdivision (b) of Section 50189. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  172. 50198.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    An issuer or its lenders may satisfy the public notice requirement by advertising mortgage credit certificate issuance at least 90 days before issuance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50198. The requirement that public notice be given that mortgage credit certificates will be issued, prescribed by Section 25(e)(5) of Title 25 of the United States Code, may be satisfied by the issuer or its lenders advertising their issuance at least 90 days prior to the issuance of any mortgage credit certificate. If an issuer is required to file an application with the committee for a qualified mortgage bond allocation, it may commence advertising for the issuance of a mortgage credit certificate on the day it files its application with the committee. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  173. 50198.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    An issuer must develop and maintain a list of approved lenders who will make loans to qualified holders of mortgage credit certificates.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50198.5. An issuer shall develop and maintain a list of lenders that have entered into an agreement with the issuer who will make loans to qualified holders of mortgage credit certificates, as provided by the federal act, as defined by paragraph (2) of subdivision (g) of Section 50176. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  174. 50199.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

    Verify source ↗

    After certain prerequisites are met, the issuer and its lenders must establish and file a mortgage credit certificate program with the committee within 90 days after the allocation is granted.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50199. Notwithstanding any other provision of law, after a list of lenders has been completed by an issuer, after the qualified mortgage bond allocation has been approved by the committee, and after the issuer has made the election to exchange all or part of the issuer’s authority to issue qualified mortgage bonds for authority to issue mortgage credit certificates, the issuer and its lenders shall have 90 days after the allocation is granted by the committee to establish, and file with the committee, a mortgage credit certificate program. (Added by Stats. 1985, Ch. 1399, Sec. 7.5. Effective October 1, 1985.)
  175. 50199.10.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    The committee controls allocation and reservation of low-income housing credits, sets application procedures and fees, may require deposits, may fine violations, and may place a lien on property if a fine is unpaid for six months.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.10. (a) For purposes of allocating low-income housing credits, the committee is hereby designated as this state’s only housing credit agency for purposes of Section 42(h) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)). The committee shall annually determine and shall allocate the state ceiling in accordance with this chapter and in conformity with federal law. The committee shall determine the housing credit ceiling as soon as possible following the effective date of this chapter and thereafter following the commencement of each calendar year. The committee shall undertake any and all responsibilities of housing credit agencies under Section 42 of Title 26 of the United States Code, including entering into regulatory agreements relating to projects that are granted awards. (b) The committee shall develop and provide application forms for use by housing credit applicants. The committee shall adopt uniform procedures for submission and review of applications of housing credit applicants, including fees to defray the committee’s costs in administering this chapter. In the committee’s discretion, the fees shall be charged to a housing credit applicant as a condition of submitting an application or as a condition of receiving an allocation or reservation of the state’s current or anticipated housing credit ceiling, or both. (c) In addition to allocating the current housing credit ceiling, the committee may reserve a portion of the state’s anticipated housing credit ceiling for a subsequent year for a housing credit applicant. (d) As a condition to making an allocation of the housing credit ceiling or a reservation of the anticipated housing credit ceiling for a subsequent year, the committee may require the housing credit applicant receiving the allocation or reservation to deposit with the committee an amount of money as a good-faith undertaking. The committee shall adopt policies for determining when deposits will be required, prescribing procedures for return of deposits, and specifying the circumstances under which the deposits will be forfeited in whole or in part for failure to timely utilize the allocation or reservation provided to the housing credit applicant. (e) (1) The committee may make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to terms and conditions in furtherance of the purposes of this part. The committee may condition an allocation or reservation on the execution of a contract between the housing credit applicant and the committee requiring the housing credit applicant to comply with all the terms of Section 42 of the federal Internal Revenue Code, any applicable state laws, and any additional requirements the committee deems necessary or appropriate to serve the purposes of this chapter, and providing for legal action to obtain specific performance or monetary damages for breach of contract. (2) No allocations or reservations shall be made pursuant to this subdivision with respect to projects that do not meet the requirements of the qualified allocation plan, and no allocations or reservations shall be made in amounts that do not meet the requirements of paragraph (2) of subsection (m) of Section 42 of Title 26 of the United States Code. (3) (A) With respect to an allocation or reservation, the committee may establish a schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. In developing the schedule of fines, the committee shall establish the fines for violations in an amount up to five hundred dollars ($500) per violation or double the amount of the financial gain because of the violation, whichever is greater. Except for serious violations, which shall be defined by the committee, a first-time property owner violator shall be given at least 30 days to correct the violation before a fine is imposed. A violation that has occurred for some time prior to discovery is one violation, but fines may be a recurring amount if the violation is not corrected within a reasonable period of time thereafter, as determined by the committee. A property owner may appeal a fine to the committee. (B) By resolution at a public general committee meeting, the committee shall adopt and may revise the schedule of fines, which shall include specific violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations and fine amounts subject to the criteria in subparagraph (A). (C) All fines received by the committee shall be deposited in the Housing Rehabilitation Loan Fund established in Section 50661. (D) If a fine assessed against a property owner is not paid within six months from the date when the fine was initially assessed by the committee and after reasonable notice has been provided to the property owner, the committee may record a lien against the property. Consistent with Sections 1214 and 1215 of the Civil Code, a lien created pursuant to this paragraph shall not be superior to any lien recorded prior to the recording of this lien. (Amended by Stats. 2016, Ch. 611, Sec. 1. (AB 1920) Effective January 1, 2017. Conditionally inoperative as provided in Section 50199.18.)
  176. 50199.11.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    The committee may contract with other entities, including the department and the agency, to help process and review applications.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.11. The committee may also contract with other entities, including the department and the agency, to aid in the processing and review of applications. (Repealed and added by Stats. 1990, Ch. 166, Sec. 7. Effective June 22, 1990. Conditionally inoperative as provided in Section 50199.18.)
  177. 50199.12.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    The committee must adopt and supply forms for gathering information from housing credit applicants, and applicants must provide requested information.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.12. The committee shall adopt and supply forms for eliciting information for purposes of this chapter from housing credit applicants. Housing credit applicants shall provide the committee with any information requested by the committee in performing its duties and responsibilities under this chapter. (Amended by Stats. 1994, Ch. 1164, Sec. 29. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  178. 50199.13.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    A housing credit applicant generally may not transfer an allocation or reservation of the housing credit ceiling unless the committee gives specific written approval before the transfer.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.13. Except as specified in the application and as approved by the committee at initial reservation, no allocation or reservation of the housing credit ceiling under this chapter may be transferred by the housing credit applicant, unless the specific, written approval of the committee is obtained prior to the proposed transfer. Any transfer of an allocation or reservation shall be in writing and shall be subject to terms and conditions established by the committee. (Amended by Stats. 1994, Ch. 1164, Sec. 30. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  179. 50199.14.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    This section requires the committee to run housing credit allocations in multiple annual periods, set filing deadlines and allocation limits, and adopt a qualified allocation plan. Applicants and housing sponsors must meet specified project thresholds before credits can be allocated.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.14. (a) The committee shall allocate the housing credit on a regular basis consisting of two or more periods in each calendar year during which applications may be filed and considered. The committee shall establish application filing deadlines, the maximum percentage of federal and state low-income housing tax credit ceiling that may be allocated by the committee in that period, and the approximate date on which allocations shall be made. If the enactment of federal or state law, or the adoption of rules or regulations, or other similar events prevent the use of two allocation periods, the committee may reduce the number of periods and adjust the filing deadlines, maximum percentage of credit allocated, and the allocation dates. (b) The committee shall adopt a qualified allocation plan, as provided in paragraph (1) of subsection (m) of Section 42 of Title 26 of the United States Code. In adopting this plan, the committee shall comply with the provisions of subparagraphs (B) and (C) of paragraph (1) of subsection (m) of Section 42 of Title 26 of the United States Code. (c) In order to promote the provision of affordable low-income housing within and throughout the state, the committee shall allocate housing credits in accordance with the qualified allocation plan and regulations, which shall include the following provisions: (1) All housing credit applicants shall demonstrate at the time the application is filed with the committee, that the project meets the following threshold requirements: (A) The housing credit applicant shall demonstrate there is a need and demand for low-income housing in the community or region for which it is proposed. (B) The project’s proposed financing, including tax credit proceeds, shall be sufficient to complete the project and that the proposed operating income shall be adequate to operate the project for the extended use period. (C) The project shall have enforceable financing commitments, either construction or permanent financing, for at least 50 percent of the total estimated financing of the project. (D) The housing credit applicant shall have and maintain control of the site for the project. (E) The housing sponsor shall demonstrate that the project complies with all applicable local land use and zoning ordinances. (F) The housing credit applicant shall demonstrate that the project development team has the experience and the financial capacity to ensure project completion and operation for the extended use period. (G) The housing credit applicant shall demonstrate the amount of tax credit that is necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the extended use period, taking into account operating expenses, supportable debt service, reserves, funds set aside for rental subsidies, and required equity, and a development fee that does not exceed a specified percentage of the eligible basis of the project prior to inclusion of the development fee in the basis, as determined by the committee. (2) The committee shall give a preference to those projects satisfying all of the threshold requirements of paragraph (1) if: (A) The project serves the lowest income tenants at rents affordable to those tenants; and (B) The project is obligated to serve qualified tenants for the longest period. (3) In addition to the provisions of paragraphs (1) and (2) of subdivision (c), the committee shall use the following criteria in allocating housing credits: (A) Projects serving large families in which a substantial number, as defined by the committee, of all residential units are comprised of low-income units with three and more bedrooms. (B) Projects providing single room occupancy units serving very low income tenants. (C) Existing projects that are “at risk of conversion,” as defined by paragraph (4) of subdivision (c) of Section 17058 of the Revenue and Taxation Code. (D) Projects for which a public agency provides direct or indirect long-term financial support for at least 15 percent of the total project development costs or projects for which the owner’s equity constitutes at least 30 percent of the total project development costs. (E) Projects that provide tenant amenities not generally available to residents of low-income housing projects. (d) For purposes of allocating credits pursuant to this section, the committee shall not give preference to any project by virtue of the date of submission of its application, except to break a tie when two or more of the projects have the same rating. (e) The committee shall allocate credits to a project under this section prior to allocating credit to that project under Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code. (f) The committee shall allocate credits to a project only if the housing sponsor enters into a regulatory agreement that provides for an “extended use period” as defined in subparagraph (D) of paragraph (6) of subsection (h) of Section 42 of the Internal Revenue Code, which shall terminate on the date specified in the regulatory agreement or the date the project is acquired in foreclosure, including any instrument in lieu of foreclosure, whichever occurs first, and subclause (II) of subparagraph (E) of clause (i) of paragraph (6) of subsection (h) of Section 42 shall not apply. (Amended by Stats. 1994, Ch. 1164, Sec. 31. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  180. 50199.15.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    The committee must file an annual report with the Legislature by April 1 each year, including specified low-income housing credit information and recommendations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.15. (a) The committee shall annually submit to the Legislature by April 1 of each year a report specifying, with respect to its activities under this chapter during the previous calendar year, (1) the total amount of low-income housing credits allocated by the committee, (2) the total number of units assisted by the credit that are, or are to be, occupied by households whose income is 60 percent or less of area median gross income, (3) the amount of the credit allocated to each project, the other financing available to the project, and the number of units that are, or are to be, therein occupied by households whose income is 60 percent or less of area median gross income, and (4) sufficient information to identify the project. (b) The committee shall also include in its annual report to the Legislature, an aggregation of the information which shall be submitted annually by housing sponsors for all projects which have received an allocation in previous years, specifying all of the following: (1) Information sufficient to identify the project. (2) The total number of units in the project. (3) The total number of units assisted by the credit that are required to be occupied by households whose income is 60 percent or less of the area median gross income as a condition of receiving a tax credit. (4) The total number of units assisted by the credit that are occupied by households whose income is 60 percent or less of the area median gross income. (c) The committee shall also include in its annual report to the Legislature, any recommendations for improvement in the low-income housing tax credit. (d) Commencing in the 2025 calendar year, the committee shall include in its annual report to the Legislature an aggregation of the information submitted by housing sponsors for all projects that have received an allocation on or after January 1, 2024, pursuant to the requirements of Section 50199.23. (Amended by Stats. 2022, Ch. 316, Sec. 2. (AB 2873) Effective January 1, 2023. Conditionally inoperative as provided in Section 50199.18.)
  181. 50199.16.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    This section confirms and validates certain committee actions taken before the chapter’s effective date.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.16. All acts and proceedings taken by the committee prior to the effective date of this chapter to allocate the housing credit ceiling for 1987 under the Governor’s proclamation dated February 27, 1987, are hereby confirmed, validated, and declared legally effective. (Added by Stats. 1987, Ch. 658, Sec. 3. Effective September 15, 1987. Conditionally inoperative as provided in Section 50199.18.)
  182. 50199.17.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

    Verify source ↗

    The committee may adopt, amend, or repeal housing credit rules, but it must give public notice, hold at least one hearing, keep a rulemaking file, and attach a final statement of reasons to the final regulations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.17. (a) The committee may adopt, amend, or repeal rules and regulations for the allocation of housing credits pursuant to this chapter and Sections 12206, 17053.14, 17058, 23608.2, 23608.3, and 23610.5 of the Revenue and Taxation Code without complying with the procedural requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as described in subdivision (b). (b) The committee shall provide a notice of proposed action as described in Section 11346.5 of the Government Code. The notice of proposed action shall be provided to the public at least 21 days before the close of the public comment period, and the committee shall schedule at least one public hearing as described in Section 11346.8 of the Government Code before the close of the public comment period. The committee shall maintain a rulemaking file as described in Section 11347.3 of the Government Code. The final version of the regulations shall be accompanied by a final statement of reasons as described in subdivision (a) of Section 11346.9 of the Government Code. (c) These rules and regulations shall be effective immediately upon adoption by the committee. (d) The committee may also adopt, amend, or repeal emergency rules and regulations pursuant to this chapter and pursuant to Sections 12206, 17053.14, 17058, 23608.2, 23608.3, and 23610.5 of the Revenue and Taxation Code. The adoption, amendment, or repeal of these regulations shall be conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning or purposes of Section 11346.1 of the Government Code. (Amended by Stats. 2000, Ch. 311, Sec. 1. Effective September 7, 2000. Conditionally inoperative as provided in Section 50199.18.)
  183. 50199.18.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This chapter stays in effect while Section 42 of the Internal Revenue Code remains in effect, and repeal does not affect previously allocated low-income tax credits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.18. This chapter shall remain in effect as long as Section 42 of the Internal Revenue Code, relating to low-income housing credits, remains in effect. However, repeal of this chapter shall not invalidate or in any way affect the duration of any previously allocated low-income tax credits. (Amended by Stats. 1999, Ch. 893, Sec. 1. Effective January 1, 2000. Note: Temination provision applies to Chapter 3.6, comprising Sections 50199.4 to 50199.23.)
  184. 50199.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. )

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    An issuer that sets up a mortgage credit certificate program may charge a fee, but only one that is reasonably sufficient to cover program administration costs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.5. Qualified Mortgage Bonds And Mortgage Credit Certificates [50172 - 50199.2] ( Heading of Chapter 3.5 amended by Stats. 1985, Ch. 1399, Sec. 1. ) ## ARTICLE 2. Mortgage Credit Certificates [50197.1 - 50199.2] ( Heading of Article 2 renumbered from Article 4 by Stats. 1994, Ch. 1164, Sec. 21. ) ## 50199.2. Any issuer that establishes a mortgage credit certificate program may charge a fee which is reasonably sufficient to cover the costs of administering that program. (Added by renumbering Section 50199.5 by Stats. 1994, Ch. 1164, Sec. 23. Effective January 1, 1995.)
  185. 50199.20.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section requires certain shares of low-income housing tax credits to be reserved for rural areas, small developments, and farmworker housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.20. (a) Not less than 20 percent of the federal ceiling on low-income housing tax credits shall be set aside for allocation to rural areas as defined in Section 50199.21. Any amount of credit set aside for rural areas remaining after the ranking of credits in the final cycle of any calendar year shall be available for allocation to any eligible project. (b) Up to 2 percent of the low-income housing tax credit available under this chapter and Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code may be set aside for small developments as determined by the committee. Any amount of credit set aside for small developments remaining after the ranking of projects in the final cycle of any calendar year shall be available for allocation to any eligible project. (c) Not less than the amounts specified in clause (v) of subparagraph (B) of paragraph (1) and paragraph (4) of subdivision (g) of Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code shall be set aside to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 638, Sec. 1. (AB 1654) Effective January 1, 2023. Conditionally inoperative as provided in Section 50199.18.)
  186. 50199.21.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section defines “rural area” for this chapter and related Revenue and Taxation Code sections, and requires the department to help with eligibility determinations on request.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.21. (a) “Rural area” for the purpose of this chapter and Sections 17058 and 23610.5 of the Revenue and Taxation Code, means an area that on January 1 of any calendar year satisfies any of the following criteria: (1) The area is eligible for financing under a multifamily housing program pursuant to Section 3560.1(a)(1) of Title 7 of the Code of Federal Regulations as it read on January 1, 2023, or successor program, of the United States Department of Agriculture Rural Development. (2) The area is located in a nonmetropolitan area as defined in Section 50090. (3) The area is any of the following: (A) An incorporated city having a population of 40,000 or fewer as identified in the most recent Report E-1 published by the Demographic Research Unit of the Department of Finance, provided that the area is not located within a census block designated as an urban area by the United States Census Bureau in the most recent decennial census. (B) An unincorporated area that adjoins a city having a population of 40,000 or fewer, provided that the adjoining unincorporated area is not located within a census block designated as an urban area by the United States Census Bureau in the most recent decennial census. (C) An unincorporated area that does not adjoin a city and is not located within a census block designated as an urban area by the United States Census Bureau in the most recent decennial census. (b) The department shall assist in determinations of eligibility pursuant to paragraph (3) of subdivision (a) upon request. With respect to areas eligible under paragraphs (2) and (3) of subdivision (a), the committee may rely upon the recommendations made by the department. Any inconsistencies between areas eligible under subdivision (a) shall be resolved in favor of considering the area a rural area. Eligible and ineligible areas need not be established by regulation. (Amended by Stats. 2024, Ch. 493, Sec. 2. (SB 1512) Effective January 1, 2025. Conditionally inoperative as provided in Section 50199.18.)
  187. 50199.22.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    If a housing credit applicant provides false or no-longer-true information, the committee may take enforcement action, including rejecting the application, cancelling credits, disqualifying the applicant for one year, or reporting the matter to tax authorities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.22. (a) Upon being informed that information, supplied by a housing credit applicant, or any person acting on behalf of a housing credit applicant, pursuant to this chapter or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, is false or is no longer true, upon finding that false information has been submitted or the information submitted is no longer true. (b) Appropriate action, which the committee may pursue upon finding that false information or information that is no longer true is submitted in connection with a housing credit application, includes the following: (1) Requiring the submission of certified, notarized, or third-party documents in support of the application. (2) Rejecting the application. (3) Cancelling a reservation of housing credits. (4) Bringing a judicial action to enjoin the use of the federal housing credit and the state tax credit authorized by Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code. (5) Disqualifying the housing credit applicant, its principals, and any person acting on behalf of the housing credit applicant from filing applications with the committee for a one-year period. (6) Reporting promptly, in writing, to the Internal Revenue Service and the Franchise Tax Board, any noncompliance with federal and state requirements or misrepresentations the committee finds were made by the housing credit applicant or any person acting on behalf of a housing credit applicant, pursuant to subdivision (a). (Amended by Stats. 1994, Ch. 1164, Sec. 36. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  188. 50199.23.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    Housing sponsors with qualifying credit allocations must submit annual diversity reports to the committee, and the committee must issue guidelines, set participation goals, and post the reports.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.23. (a) For the purposes of this section, the following definitions apply: (1) “Control” means exercising the power to make policy decisions and active involvement in the day-to-day management of a business enterprise. Being an officer or director does not alone demonstrate active involvement. (2) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code. (3) “LGBT business enterprise” means a business enterprise that is at least 51-percent owned by a lesbian, gay, bisexual, or transgender person or persons; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons; and whose management and daily business operations are controlled by one or more of those individuals. (4) “Minority business enterprise” means a business enterprise that is at least 51-percent owned by a minority group or groups, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups, and whose management and daily business operations are controlled by one or more of those individuals. The contracting utility shall presume that minority includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans. (5) “Women business enterprise” means a business enterprise that is at least 51-percent owned by a woman or women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more of those individuals. (b) (1) Subject to subdivision (c), a housing sponsor that receives an allocation on or after January 1, 2024, shall annually submit a report to the committee, in a form that the committee shall require, and at the time that the committee shall annually designate. (2) The reporting period shall cover all contract activities directly related to the development and construction of a housing project from the first day following receipt of the credit allocation with an option for the housing sponsor to include prior contracting activities. The final report shall cover the year that the project is placed in service. (3) The report shall include all of the following: (A) A detailed and verifiable plan for increasing procurement opportunities for women, minority, disabled veteran, and LGBT business enterprises in all categories used in the development and construction of the housing projects, including technology, goods, services, and construction. (B) In the second year of reporting, short- and long-term diversity goals and timetables, but not quotas, related to contractor race and ethnicity, contractor gender, and contractor census-tract income distribution. (C) In the third year of reporting, aggregate level data for contractors headquartered or having a primary location in low-income census tracts in the state. (D) Proposed methods and strategies for increasing the diversity of suppliers and subcontractors engaged by housing sponsors and prime contractors, such as women, minority, disabled veteran, and LGBT business enterprises. (E) Procurement data for the year and the aggregate data for each project funded in whole or in part with moneys raised by a credit allocated on or after January 1, 2024. The data shall include all of the following: (i) The number and dollar amount of all contracts in all categories, and by each category of contract, that was issued during the year. The categories of contracts shall include technology, goods, services, and construction. (ii) The number and dollar amount of all contracts in all categories, and by each category of contract, that was issued during the year to each business-owner group, including women business enterprises, minority business enterprises, disabled veteran business enterprises, and LGBT business enterprises. (iii) The total number and dollar amount of contracts issued to subcontractors for each business-owner group, including women business enterprises, minority business enterprises, disabled veteran business enterprises, and LGBT business enterprises, by each category of contract. (iv) The number and dollar amount of all contracts, including subcontracts, and by each category of contract issued during the year, for businesses headquartered or having a primary location in a low-income census tracts in the state. (v) The number and dollar amount of all contracts in all categories, and by each category of contract, that were issued for a project funded in whole or in part through moneys raised by notice of allocation of a credit on or after January 1, 2024. This may include information on contracts related to the project that were issued prior to the credit allocation. (vi) The number and dollar amount of all contracts in all categories, and in each category of contract, that were issued for a project specified in clause (v) to each business-owner group, including women business enterprises, minority business enterprises, disabled veteran business enterprises, and LGBT business enterprises. (vii) The total number and dollar amount of contracts issued to subcontractors for each business-owner group specified in clause (vi) by each category of contract. (viii) The number and dollar amount of all contracts, including subcontracts, for a project specified in clause (iv) for businesses headquartered or having a primary location in low-income census tracts in the state. (4) Commencing in 2029, the goals established by the committee pursuant to paragraph (3) of subdivision (d) shall be incorporated into the annual reports. Housing sponsors may adopt higher goals for their own activities. (c) (1) The requirement to develop a plan and submit a report pursuant to subdivision (b) applies to all housing sponsors that have completed five or more housing projects by January 1, 2023, or that have received an annual low-income housing tax credit allocation of one million dollars ($1,000,000) or more. For housing sponsors that have not completed five or more housing projects by January 1, 2023, or have not received an annual low-income housing tax credit allocation of one million dollars ($1,000,000) or more, the plan and reporting requirements shall begin in the year following the commencement of construction on their fifth housing project for which they have received public money or in the year following the receipt of an annual low-income housing tax credit allocation of one million dollars ($1,000,000) or more, as applicable. (2) It is the Legislature’s intent that housing sponsors that are not required to adopt a supplier and contractor diversity plan, pursuant to this section, are encouraged to voluntarily adopt a plan and report on the outcomes of those plans for increasing women, minority, disabled veteran, and LGBT business enterprise procurement in all categories of contracts, including technology, goods, services, and construction. (d) (1) The committee shall develop guidelines, consistent with the requirements of this section, for housing sponsors that have received a credit allocation on or after January 1, 2024, except as provided in subdivision (c), to use in preparing detailed and verifiable supplier and contractor diversity plans required in subdivision (b). (A) The guidelines shall include a requirement that women, minority, disabled veteran, and LGBT business enterprises be certified by a third party. The committee may align its certification policies with those used by the Public Utilities Commission in implementing Article 5 (commencing with Section 8281) of Chapter 7 of Division 4 the Public Utilities Code. (B) When developing the reporting guidelines, the committee shall consider the reporting frameworks, forms, and definitions used in other supplier and contractor diversity programs in which housing sponsors may be reporting. (C) The purpose of the guidelines is to encourage greater economic opportunity for women, minority, disabled veteran, and LGBT business enterprises. (2) The committee shall annually consider the information and data from the reports submitted pursuant to this section and may modify the guidelines adopted pursuant to this subdivision. (3) By March 1, 2028, the committee shall establish supplier and contractor participation goals for women, minority, disabled veteran, and LGBT business enterprises. (4) The committee shall post the individual reports received from the housing sponsors, as required pursuant to subdivision (b), on the committee internet website. (e) This section shall not limit or otherwise affect eligibility for any credit under, or the requirements for compliance with, Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2023, Ch. 131, Sec. 123. (AB 1754) Effective January 1, 2024. Conditionally inoperative as provided in Section 50199.18.)
  189. 50199.24.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section limits negative actions against an owner or management agent in certain Los Angeles housing-credit cases and sets conditions for preserving tenant and rent-related status.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.24. (a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the committee shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, all of the following: (A) Issuing negative points on a current or future application. (B) Filing a Form 8823 with the Internal Revenue Service within six months of discovery of the violation. (C) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority, the Department of Housing and Community Development, or the committee restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 1. (SB 1500) Effective January 1, 2025. Conditionally inoperative on or after July 31, 2025, as prescribed by its own provisions. Conditionally repealed, by its own provisions.)
  190. 50199.25.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    The committee must adopt regulations limiting annual rent increases for certain low-income housing credit properties, then assess the limit annually and may adjust it if needed.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.25. (a) Under the state’s authority to issue regulations to implement Section 42 of the Internal Revenue Code (26 U.S.C. Sec. 42 et seq.) and effect its purpose, the committee, on or before June 30, 2025, shall adopt regulations pursuant to Section 50199.17 limiting annual rent increases for tenants in properties that received an allocation of housing credits pursuant to this chapter or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, prior to April 3, 2024, and that are subject to a regulatory agreement. (b) On or before June 30, 2026, and annually thereafter, the committee shall assess the limit established pursuant to subdivision (a). The committee may adjust the limit if the committee deems it necessary based on the assessment. (Added by Stats. 2024, Ch. 674, Sec. 3. (AB 846) Effective January 1, 2025.)
  191. 50199.4.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This provision states legislative findings about the low-income housing tax credit and the need for a state housing credit agency and allocation system.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.4. The Legislature hereby finds and declares all of the following: (a) The federal Tax Reform Act of 1986 (Public Law 99-514) and subsequent amendments to the Internal Revenue Code, including, but not limited to, the federal Revenue Reconciliation Act of 1989, establishes a low-income housing tax credit to stimulate the production and rehabilitation of shelter for lower income individuals and families. (b) The federal law allows credit of approximately 9 percent each year over a 10-year or 15-year period for expenses for new construction and rehabilitation of each qualifying low-income unit. A credit of approximately 4 percent each year over a 10-year or 15-year period is provided for the expenses of the acquisition of an existing building generally not placed in service within the last 10 years, and the construction and rehabilitation of each qualifying low-income unit financed with tax-exempt bonds or certain other federal subsidies. (c) The federal law limits the low-income housing tax credits that can be annually allocated by each state. This credit authorization is to be allocated by the state housing credit agency. Not less than 10 percent of that amount is required to be set aside for projects involving nonprofit organizations. (d) Federal law requires a plan for allocation of credit among projects, including selection criteria to be used to determine housing priorities that are appropriate to local conditions. (e) Federal law requires that the credit dollar amount allocated to a project not exceed the amount necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the credit period. This analysis shall include a determination of the reasonableness of developmental and operational costs. (f) The credit agency is required to perform certain other functions under federal tax law to ensure the availability of the credits and to ensure compliance with federal tax law. (g) It is necessary to designate the state housing credit agency and to establish an allocation system for the low-income housing credit. (Added by renumbering Section 50199.6 by Stats. 1994, Ch. 1164, Sec. 24. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  192. 50199.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    The Legislature states findings about how low-income housing tax credits should be allocated and shared.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.5. The Legislature hereby finds and declares all of the following: (a) Section 42 of the Internal Revenue Code has been modified by the federal Revenue Reconciliation Act of 1989 to require that the housing credit agency establish a qualified allocation plan which sets forth selection criteria to be used to determine housing priorities that are appropriate to local conditions, and which gives preference in allocating housing credit dollar amounts to projects serving the lowest income tenants and projects obligated to serve low-income tenants for the longest periods. (b) The qualified allocation plan shall encompass and incorporate the criteria and requirements set forth in Section 50199.14. (c) Certain provisions of the California Tax Credit should be modified to conform to the changes to the federal low-income housing tax credit. (d) The Tax Credit Allocation Committee should, to the extent possible, allocate the California low-income housing tax credit using the same criteria and requirements used in allocating the federal tax credit. (e) The public interest is best served by the dissemination of information regarding the low-income housing tax credit program to all areas of the state, with special efforts in rural areas, to ensure greater knowledge and participation in the program. (Added by renumbering Section 50199.7 by Stats. 1994, Ch. 1164, Sec. 25. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  193. 50199.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section says the chapter is meant to implement the low-income housing tax credit and that any conflict with federal law should be limited as much as possible without affecting the rest of the chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.6. (a) This chapter is enacted to implement the low-income housing tax credit established by Section 42 of the Internal Revenue Code (26 U.S.C. Sec. 42) as it may be amended from time to time. (b) To the extent that any provision of this chapter is held to be inconsistent with, or repugnant to, federal law, the provision shall be given effect in accordance with its terms to the greatest extent possible and consistent with the federal law and inconsistency shall have no effect on the remaining provisions of this chapter. (Added by renumbering Section 50199.8 by Stats. 1994, Ch. 1164, Sec. 26. Effective January 1, 1995. Conditionally inoperative as provided in Section 50199.18.)
  194. 50199.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section defines terms used in the low-income housing credit chapter and lets the committee temporarily allow nonfarmworkers in vacant farmworker housing only in a disaster or other critical occurrence, if no qualified farmworker household applications are pending.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.7. As used in this chapter: (a) “Committee” means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. All references to “committee” shall mean the California Tax Credit Allocation Committee. (b) “Household” has the same meaning as defined in Section 7602 of Title 25 of the California Code of Regulations. (c) “Housing credit” means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U.S.C. Sec. 42). (d) “Housing credit applicant” means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following: (1) An allocation of a portion of the current state housing credit ceiling. (2) A reservation of a portion of the anticipated state housing credit ceiling of a subsequent year. (e) “Housing credit ceiling” means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)(3)(C)). (f) “Qualified low-income building” or “project” has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(c)(2)). (g) “Agricultural worker” or “farmworker” shall have the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code. (h) (1) Before January 1, 2018, “farmworker housing” means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency. (2) On and after January 1, 2018, “farmworker housing” means housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency. (Amended by Stats. 2017, Ch. 372, Sec. 2. (AB 571) Effective September 29, 2017. Conditionally inoperative as provided in Section 50199.18.)
  195. 50199.8.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    This section sets out who makes up the committee, who chairs it, and what the committee may do.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.8. The committee is composed of the Governor, or in the Governor’s absence, the Director of Finance, the Controller, the Treasurer, the Director of Housing and Community Development, and the Executive Director of the California Housing Finance Agency. Two representatives of local government, one representative of the counties appointed by the Senate Rules Committee, and one representative of the cities appointed by the Speaker of the Assembly shall serve as ex officio, nonvoting members. The Treasurer shall be the chairperson of the committee. The members of the committee shall serve without compensation. A majority of voting members shall be empowered to act for the committee. The committee may employ an executive director to carry out its duties under this chapter. The committee may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the committee any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the committee. (Amended by Stats. 2019, Ch. 159, Sec. 9. (AB 101) Effective July 31, 2019. Conditionally inoperative as provided in Section 50199.18.)
  196. 50199.9.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. )

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    The committee must set and collect fees, deposit them into the Tax Credit Allocation Fee Account, and use the money for the committee’s costs, with some fee sharing allowed.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 3.6. Low-Income Housing Credit [50199.4 - 50199.25] ( Chapter 3.6 added by Stats. 1987, Ch. 658, Sec. 3. ) ## 50199.9. (a) The committee shall establish and charge fees which it determines are reasonably sufficient to cover all of the costs of the committee in carrying out its responsibilities under this chapter. The Tax Credit Allocation Fee Account is hereby established in the State Treasury. The fees shall be deposited by the committee in the Tax Credit Allocation Fee Account and shall be available, upon appropriation by the Legislature, to the committee for the purpose of covering all of those costs, except that fees may be shared, in an amount determined by the committee, with any state or local agency that assists the committee in performing its duties. (b) Funds deposited in the Tax Credit Allocation Fee Account are continuously appropriated without regard to fiscal year for purposes of sharing with state and local agencies pursuant to subdivision (a). (c) Until the time that sufficient fee revenue is received by the committee, the committee may borrow any money as may be required for the purpose of meeting necessary expenses of the operation of the committee, not to exceed the amount appropriated. Any loan made to the committee pursuant to this subdivision shall be repayable solely from moneys appropriated to the committee from the Tax Credit Allocation Fee Account and shall not constitute a general obligation for which the faith and credit of the state are pledged. (d) There shall be established a subaccount within the Tax Credit Allocation Fee Account named the Occupancy Compliance Monitoring Account. (e) Fees collected for the purpose of paying the costs of monitoring projects with allocations of tax credits for compliance with federal and state law, as required by Section 42(m) of the federal Internal Revenue Code, and Section 50199.15, shall be deposited in the Occupancy Compliance Monitoring Account to be used solely for this purpose. Any performance deposits forfeited to the committee shall be deposited in the Occupancy Compliance Monitoring Account. (f) Notwithstanding any other law, the Controller may use the fees deposited in the accounts established by this section for daily cash flow loans to the General Fund or the General Cash Revolving Fund, as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2010, Ch. 719, Sec. 45. (SB 856) Effective October 19, 2010. Conditionally inoperative as provided in Section 50199.18.)
  197. 5020.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. )

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    The contractor must file a good and sufficient surety bond with the governing body when entering into the contract.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 5. Sewer Revenue Bonds [4950 - 5072] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Powers [5000 - 5022] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 5020. At the time of entering into the contract the contractor shall execute, deliver, and file with the governing body a good and sufficient surety bond, in a sum not less than one-half the total amount payable by the terms of the contract, conditioned upon the payment by the contractor or his subcontractors, for any and all materials, provisions, provender, other supplies, or teams, or the use of implements or machinery used in, upon, or about the performance of the work. (Enacted by Stats. 1939, Ch. 60.)
  198. 50200.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. )

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    This section says the division should be interpreted broadly to serve the public welfare, and it controls if it conflicts with other law. If part of it is invalid, the rest remains in effect.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. ) ## 50200. The exercise of powers specified in this division will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions. Therefore, this division shall be liberally construed to effect its purposes. In the event of conflict between this division and any other provision of law, the provisions of this division shall be deemed controlling. If any clause, sentence, paragraph, or section of this division is held invalid by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining provisions. (Added by Stats. 1979, Ch. 97.)
  199. 50201.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. )

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    This section says the division does not block direct federal-government relationships with local public entities, the direct receipt of federal funds by local public entities, or the receipt and disbursement of federal funds for relocation assistance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. ) ## 50201. Nothing in this division shall preclude the establishment of direct relationships between the federal government and local public entities or shall in any way alter the authority of local public entities to directly receive federal funds, nor shall anything in this division be construed to supersede or affect any other provision of law relating to the control of funds by local public entities. Further, nothing in this division shall affect the authority or reduce the obligations specified in Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code with respect to payment of relocation assistance or prevent the receipt or disbursement of federal funds made available to any governmental agency for such purpose. (Amended by Stats. 1982, Ch. 466, Sec. 74.)
  200. 50202.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. )

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    Rent controls on certain assisted housing units are only allowed through a regulatory contract with the agency or department; otherwise, state or local entities may not impose them.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 1. STATE HOUSING POLICY AND GENERAL PROVISIONS [50000 - 50300] ( Part 1 added by Stats. 1977, Ch. 610. ) ## CHAPTER 4. General Provisions [50200 - 50205] ( Chapter 4 added by Stats. 1979, Ch. 97. ) ## 50202. Nothing in this division shall authorize the imposition of rent regulations or controls except by a regulatory contract between the agency or the department, as the case may be, and its housing sponsor or developer, for housing units financed, insured, coinsured or otherwise assisted by the agency or by the department, as the case may be. Except for the federal government, the right to control rent on such units shall reside exclusively in the agency or the department, as the case may be, and the housing sponsor or developer so regulated shall not otherwise be subject to controls on rent imposed by any state or local agency or other local public entity. (Amended by Stats. 1982, Ch. 1447, Sec. 2.)

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