Health and Safety Code — Part 78 | HSC — United States — California law | Esheria

Health and Safety Code

Part 78 of 87 · provisions 15,401–15,600

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

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 50827.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must reserve 30% of certain federal block grant funds for economic development, use the funds for low- and moderate-income housing and economic opportunity purposes, and complete several administration steps by set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50827. (a) Thirty percent of the annual allocation of federal Small Cities Community Development Block Grant funds, less department administrative funds, shall be set aside for economic development projects and programs. All funds made available pursuant to the program shall, consistent with the requirements of subsection (c) of Section 5301 of Title 42 of the United States Code, be utilized to provide decent housing, a suitable living environment, and expanding economic opportunities, principally for persons and families of low or moderate income. Following the adoption of guidelines pursuant to Section 50826.1, with approval by the Department of Finance and notification to the Joint Legislative Budget Committee, or June 30, 2018, whichever is sooner, if there are insufficient qualified applications for economic development project and program set aside provided by this section, as determined by the department’s review of all economic development applications received by the application deadline specified in the NOFA, these funds shall be available to make awards to other qualifying projects and programs submitted by the application deadline specified in the NOFA. (b) On or before June 30, 2018, with the consultation of stakeholders, the department shall update Chapter 21 of its Grant Management Manual to facilitate the subscription of and reflect all federal requirements for economic development business assistance loans. (c) It is the intent of the Legislature to remove impediments and streamline access for local agencies to the funds set aside by this section to assist with local economic development efforts. On or before January 1, 2018, the department shall do all of the following: (1) Provide electronic links on the department’s Internet Web site to any applicable federal regulations or guidelines published by the United States Department of Housing and Urban Development applicable to eligible economic development activities. (2) Ensure that program staff are trained on the applicable federal law, regulations, or guidelines published by the United States Department of Housing and Urban Development applicable to eligible economic development activities. (3) Prepare a schedule for the release of a NOFA to expedite the allocation of all unencumbered available funds, as of May 22, 2017, allocated pursuant to the requirements of this section. (Amended by Stats. 2017, Ch. 96, Sec. 6. (SB 106) Effective July 21, 2017.)
  2. 50828.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must use at least 51% of the annual Small Cities Community Development Block Grant allocation, after administrative funds, for grants to eligible cities or counties for low- and moderate-income housing opportunities or related purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50828. Not less than 51 percent of the annual allocation of federal Small Cities Community Development Block Grant funds, less department administrative funds, shall be utilized by the department to make grants to eligible cities or counties for the purpose of providing or improving housing opportunities for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for persons and families of low or moderate income, including, but not limited to, the construction of infrastructure. Following the adoption of guidelines pursuant to Section 50826.1, with approval by the Department of Finance and notification to the Joint Legislative Budget Committee, or June 30, 2018, whichever is sooner, if there are insufficient qualified applications for providing or improving housing opportunities for the set aside provided by this section as determined by the department’s review of all applications for providing or improving housing opportunities received by the application deadline specified in the NOFA, these funds shall be available to make awards to other qualifying projects and programs submitted by the application deadline specified in the NOFA. (Amended by Stats. 2017, Ch. 96, Sec. 7. (SB 106) Effective July 21, 2017.)
  3. 50829.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    An eligible city or county must submit a housing element to the department to receive funds under this 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50829. As a condition of receiving funds pursuant to this chapter, an eligible city or county shall submit a housing element to the department in accordance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. However, except as otherwise provided in Section 50830, no application for funds shall be denied because of the content of the housing element or because of the findings made by the department pursuant to Section 65585 of the Government Code. (Added by Stats. 1983, Ch. 963, Sec. 1.)
  4. 50830.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    Cities and counties that adopt certain measures limiting residential permits or buildable lots are generally ineligible for funds under this chapter, with listed exceptions and a housing-use exception.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50830. (a) Except as otherwise provided in subdivisions (b) and (c), no city or county shall be eligible to receive funds pursuant to this chapter if the city or county has adopted a general plan, ordinance, or other measure which directly limits, by number, either of the following: (1) The building permits that may be issued for residential construction. (2) The buildable lots which may be developed for residential purposes. (b) Subdivision (a) shall not apply to either of the following: (1) An ordinance adopted by a city or county which does any of the following: (A) Imposes a moratorium, to protect the public health and safety, on residential construction for a specified period of time, if, under the terms of the ordinance, the moratorium will cease when the public health and safety is no longer jeopardized by the construction. (B) Creates agricultural preserves pursuant to Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code. (C) Was adopted pursuant to a specific requirement of a state or multistate board, agency, department, or commission. (2) A city or county which has a housing element that the department has found to be adequate pursuant to subdivision (c) of Section 65585 or which is deemed to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65586 of the Government Code at the time the city or county applies for funds under the program, unless a final order has been issued by a court in which the court determined that the housing element is not in compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (c) A city or county which has adopted a general plan, ordinance, or other measure subject to the restrictions of subdivision (a), which are not exempted by subdivision (b), may, notwithstanding subdivision (a), receive funds pursuant to this chapter if the use of the funds is restricted for housing for persons and families of low or moderate income. However, applications from cities or counties which have not adopted a general plan, ordinance, or other measure subject to the restrictions of subdivision (a) shall, to the extent that eligible applications for grants exceed the amount available for distribution pursuant to this chapter, have priority over applications from cities or counties which have adopted such a general plan, ordinance, or other measure which are not exempted by subdivision (b). (Added by Stats. 1983, Ch. 963, Sec. 1.)
  5. 50831.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must use 1.25% of program funds to make grants to cities and counties applying on behalf of certain Indian tribes, and those tribes must use the funds for the same purposes as Section 50828.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50831. One and one-fourth percent of the funds made available to the department under the program shall be utilized by the department to make grants to cities and counties who apply to the department for those funds on behalf of Indian tribes that do not fall within the meaning of Indian tribe, as defined by paragraph (17) of subsection (a) of Section 5302 of Title 42 of the United States Code. Those funds shall be utilized by those Indian tribes for the same purposes as those specified in Section 50828. (Added by Stats. 1983, Ch. 963, Sec. 1.)
  6. 50832.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must develop project standards and rating factors for all program 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50832. For all program applications, the department shall develop project standards and rating factors which meet the minimum requirements of federal statutes for eligible projects and that meet National Objectives. (Amended by Stats. 2017, Ch. 96, Sec. 8. (SB 106) Effective July 21, 2017.)
  7. 50832.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department may use federal training dollars to help certain local communities with training, and it must make every effort to help communities come into compliance with federal regulations using only existing administrative 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50832.1. (a) To the extent that the department determines that some local communities lack capacity to apply for and administer projects under this section and Section 50832, the department may utilize federal training dollars to provide training services to those communities. In providing training, the department may contract with training entities, provide the training directly, or make stipends available for that training. (b) Utilizing only existing Community Development Block Grant administrative funds, the department shall make every effort to assist communities unable to demonstrate compliance with federal regulations to come into compliance. (Amended by Stats. 2017, Ch. 96, Sec. 9. (SB 106) Effective July 21, 2017.)
  8. 50832.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must timely issue grant agreements and respond to disbursement requests with either approval notice or a required activity list.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50832.2. (a) (1) No later than 60 days after the department notifies an applicant that the department has approved the applicant’s application for funds pursuant to this chapter, the department shall provide a grant agreement to the applicant. The 60 days’ notice requirement shall not apply if the federal government or the Legislature makes significant changes to the Community Development Block Grant Program. (2) When the department enters into a grant agreement with an applicant, the department shall provide the applicant with a complete and final list of all of the activities the applicant must complete in order to receive a disbursement of funds pursuant to the agreement. The department may make appropriate and corresponding changes to the complete and final list of activities if the applicant makes changes to the original application or the federal government or the Legislature requires changes. (b) No later than 30 days after the department receives a request for the disbursement of funds from a grantee, the department shall take either of the following actions: (1) Notify the grantee that the department has approved disbursement of the funds. (2) Provide the applicant with a complete and final list of all of the remaining activities the applicant must complete in order for the department to approve disbursement of the funds. (Added by Stats. 2015, Ch. 397, Sec. 1. (AB 325) Effective January 1, 2016.)
  9. 50833.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must announce grant set-aside percentages and maximum grant amounts in the applicable NOFA, applicants must provide a cash match up to 25%, and the director may deem certain later grant recipients eligible without meeting a 50% expenditure test.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50833. (a) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds set aside for economic development that shall be allocated to make economic development planning and technical assistance grants to eligible small cities or counties for business attraction, retention, and expansion programs for the development of local economic development strategies, predevelopment grant feasibility studies, and downtown revitalization programs. Eligible small cities or counties may contract with public agencies or nonprofit economic development corporations and other eligible subgrantees or for-profit corporations or entities to provide these services. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling, under Section 50832, or its ability to apply under the economic development or general program set-asides. The department shall determine and announce in the applicable NOFA the maximum per year grant amount. Funds not applied for or allocated under this section may be used for other economic development purposes under Sections 50832 and 50832.1. (b) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds not used for economic development that shall be set aside to make technical assistance grants to eligible small cities or counties for purposes including, but not limited to: inventory of housing needing rehabilitation in the district, income surveys of area residents, and any general studies of housing needs in the district. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling or its ability to apply under the economic development or general program set-asides. Unexpended funds allocated under this section shall revert to the general program, but not to the economic development set-aside. The department shall determine and announce in the applicable NOFA the maximum grant amount per application. (c) If, under federal law, the economic development planning and technical assistance grants and the general allocation planning and assistance grants are considered to be administrative expenditures, the department may reduce the percentages of the set-asides by up to the amount necessary to remain within the allowable limits for administrative expenditures. (d) Two or more jurisdictions may pool their funds and make a joint application for the same project. (e) General administrative activity planning studies shall not be counted against allocations under this section. (f) The department may issue a NOFA under which the director may determine that any applicant with one or more current Community Development Block Grant agreements signed in 2012 or later, for which the expenditure deadline established in the grant agreement or agreements has not yet passed, is eligible to apply for and receive an award of, funds pursuant to this chapter, without regard to whether the applicant has expended at least 50 percent of Community Development Block Grant Funds awarded in 2012 or thereafter. For any applicant that is so determined, the director shall include in the application file a written confirmation of eligibility and any award of funds. An application made pursuant to the director’s determination under this section may be evaluated solely on the basis of eligibility, need, benefit, or readiness, without regard to any specific rating criteria provided by Section 7078 of the California Code of Regulations or subsequent guidelines adopted pursuant to Section 50826.1. The awarding of funds to an applicant pursuant to the director’s determination under this section does not exempt those funds from consideration under any expenditure requirement under law. (Amended by Stats. 2017, Ch. 96, Sec. 10. (SB 106) Effective July 21, 2017.)
  10. 50833.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department may distribute certain supplemental or federally required set-aside funds, and may adopt emergency regulations to carry out this 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50833.1. (a) In the event that the department is allocated supplemental funds in excess of the state’s annual program allocation pursuant to subdivision (d) of Section 5306 of Title 42 of the United States Code to meet an extraordinary need, including funds provided to serve as an economic stimulus to the economy of California, or in the event that federal funds are required to be set aside from the department’s annual allocation pursuant to federal law or regulation, the department may distribute these supplemental or federally mandated set-aside funds pursuant to guidelines to be set forth in a special Notice of Funding Availability. (b) The distribution of supplemental or federally mandated set-aside funds under this section shall not be subject to the requirements of Sections 50831, 50832, and 50833, and shall be made notwithstanding any special allocations specified in Subchapter 2 (commencing with Section 7050) of Chapter 7 of Division 1 of Title 25 of the California Code of Regulations or guidelines adopted pursuant to Section 50826.1. (c) The guidelines for the distribution of supplemental allocations and federally mandated set-aside funds shall not be subject to any provision of Subchapter 2 (commencing with Section 7050) of Chapter 7 of Division 1 of Title 25 of the California Code of Regulations that the department determines to be in conflict with the purpose of, or impair the achievement of the goals of, the supplemental allocation or the federally mandated set-aside funds. (d) The department may adopt emergency regulations to implement this section. The adoption of any emergency regulations to implement this section that are filed with the Office of Administrative Law within one year of the effective date of the federal act that allocates these supplemental funds shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2017, Ch. 96, Sec. 11. (SB 106) Effective July 21, 2017.)
  11. 50834.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. )

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    The department must help potential applicants get instructions for the economic development set-aside, respond to grant requests as quickly as possible, and execute contracts and release funds after director approval. City or county grantees must use certain program income and loan repayments for activities allowed under federal law, if the department finds the contract terms were reasonably complied with.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12. Community Development Block Grant Program Funds [50825 - 50834] ( Chapter 12 added by Stats. 1983, Ch. 963, Sec. 1. ) ## 50834. (a) The department shall ensure potential applicants have access to instructions that allow them to successfully qualify for the economic development set aside. The department shall ensure that it can respond to requests for grants as rapidly as possible. Once an economic development project award is approved by the director, a contract shall be executed and funds made available as soon as possible. (b) Any program income received by a city or county grantee or its subrecipients, or any loan repayments made by a beneficiary to a grantee, shall be utilized by the city or county grantee for an activity currently eligible under federal law and regulations, provided that the department determines that the beneficiary or grantee has complied reasonably with the terms and conditions described in the contract between the grantee and the department. (Amended by Stats. 2017, Ch. 96, Sec. 12. (SB 106) Effective July 21, 2017.)
  12. 50835.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. )

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    The Legislature states that California intends to create a mechanism to meet nonfederal matching-fund requirements for certain housing 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. ) ## 50835. (a) The Legislature finds and declares all of the following: (1) In 1990, the Cranston-Gonzalez National Affordable Housing Act was enacted by the Congress and President of the United States as Public Law 101-625. The act affirms as a national goal that every American family be able to afford a decent home in a suitable environment. The act authorizes fifty-two billion dollars ($52,000,000,000) of expenditures on housing and community development during federal fiscal years 1991 and 1992. (2) Titles II and IV of the National Affordable Housing Act enacted the HOME Investment Partnerships Act programs and the Homeownership and Opportunity for People Everywhere (HOPE) program, respectively. A requirement of the HOME and HOPE legislation is that a portion of the funding for each recipient project shall be matched by funds from nonfederal sources in order to carry out the homeownership program. (b) In enacting this chapter, it is therefore the intent of the Legislature to provide a mechanism for California to fulfill the nonfederal matching funds requirements. (Added by Stats. 1991, Ch. 879, Sec. 1.)
  13. 50836.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. )

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    Local government agencies may exempt certain qualifying housing projects from local taxes, fees, or assessments for up to 20 years. Redevelopment agencies must report certain related funding activity, and the California Housing Insurance Fund may use its resources to assist specified nonprofit and for-profit entities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. ) ## 50836. (a) Local government agencies may exempt, for a period of up to 20 years, from local taxes, fees, or assessments, any housing project owned or operated by a nonprofit entity, a for-profit entity, a limited equity cooperative, or any other entity which qualifies for, and receives, federal aid under either Title II or IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625). (b) Redevelopment agencies which use their non-low- and moderate-income funds to participate in funding projects which also receive funding pursuant to either Title II or IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625) shall include that activity in their annual reports prepared pursuant to Section 33080.1. (c) The California Housing Insurance Fund may use its resources to assist nonprofit corporations exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, redevelopment agencies, local finance agencies, and for-profit corporations which receive funding pursuant to either Title II or IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625). (Added by Stats. 1991, Ch. 879, Sec. 1.)
  14. 50836.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. )

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    A redevelopment agency may not count HOME or HOPE program money when making the specified finding, and federal requirements prevail if they conflict with the state repayment rule.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 12.5. California Home and Homeownership and Opportunity for People Everywhere (Hope for California Program) [50835 - 50836.5] ( Chapter 12.5 added by Stats. 1991, Ch. 879, Sec. 1. ) ## 50836.5. (a) It is the intent of the Legislature in enacting this section to assist the State of California in maximizing its participation in the HOME and HOPE programs. (b) Notwithstanding Section 33334.2, 33334.3, or any other provision of law: (1) To the extent there is a conflict between the requirements of subdivision (b) of Section 33334.3 relating to the repayment of moneys loaned from the Low and Moderate Income Housing Fund and the regulations of the HOME and HOPE programs, the federal requirements shall prevail. This paragraph shall not apply to any other moneys received or administered by a redevelopment agency. (2) A redevelopment agency may not include moneys received pursuant to the HOME or HOPE programs in making a finding pursuant to paragraph (3) of subdivision (a) of Section 33334.2. (Added by Stats. 1992, Ch. 607, Sec. 1. Effective January 1, 1993.)
  15. 50842.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. )

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    The Legislature states findings about local housing trusts and their role in funding affordable 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. ) ## 50842.1. The Legislature finds and declares all of the following: (a) Local housing trusts are locally developed responses to regional housing needs and are responsive to local control. (b) Local housing trusts have an excellent record of accomplishment of serving as efficient vehicles for disbursing resources at the local level. (c) As of January 1, 2006, there were 21 city and nine county housing trusts throughout California producing thousands of units of affordable housing, through the utilization of millions of dollars of locally generated funds, resulting in the leverage of millions more for the development of affordable housing. (d) Housing trusts are local sources of revenue for affordable housing and very often are a direct result of local constituencies coming together around affordable housing. These relationships are often long term and include a broad set of community players that go beyond the traditional supporter of affordable housing. (Added by Stats. 2006, Ch. 892, Sec. 1. Effective September 30, 2006.)
  16. 50842.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. )

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    The department administers the Local Housing Trust Fund Matching Grant Program to support local housing trust funds for creating or preserving affordable 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. ) ## 50842.2. There is hereby established the Local Housing Trust Fund Matching Grant Program, to be administered by the department, for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing as described in this section. Local housing trust funds shall be derived on an ongoing basis from private contributions or governmental sources that are not otherwise restricted in use for housing programs. (Added by Stats. 2006, Ch. 892, Sec. 2. Effective September 30, 2006.)
  17. 50843.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. )

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    This section lets the department award matching housing grants, but only under stated eligibility, funding, reporting, hearing, and timing rules.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. ) ## 50843. (a) This section applies only to grants awarded pursuant to this chapter from funds made available pursuant to Part 11 (commencing with Section 53500). (b) The department may make matching grants available to cities and counties, a city and county, or the duly constituted governing body of an Indian reservation or rancheria that have created, funded, and operated housing trust funds prior to January 1, 2003, and to existing charitable nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code that have created, funded, and operated housing trust funds prior to January 1, 2003. These funds shall be awarded through the issuance of a Notice of Funding Availability (NOFA). The department may establish competitive criteria consistent with the funding priorities used in the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)) to be used in the event that applications exceed the funds available. Applicants that provide matching funds from a source or sources other than impact fees on residential development shall receive a priority for funding. (c) The department may make matching grants available to new local housing trusts created by cities and counties, a city and county, or the duly constituted governing body of an Indian reservation or rancheria and to fund new housing trusts created by charitable nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code that provide low-income housing assistance. As used in this section, “new housing trust” means a housing trust that was not in existence prior to January 1, 2003. The department may consider grant applications, submitted pursuant to this subdivision, and determine their eligibility for funding, in the order in which they are received. (d) Housing trusts eligible for funding under this section shall have the following characteristics: (1) They utilize a public or joint public and private fund established by legislation, ordinance, resolution, or a public-private partnership to receive specific revenue to address local housing needs. (2) They receive ongoing revenues from dedicated sources of funding such as taxes, fees, loan repayments, or private contributions. (e) The minimum allocation to an applicant shall be one million dollars ($1,000,000), and no applicant may receive an allocation in excess of two million dollars ($2,000,000). All funds provided pursuant to this section shall be matched on a dollar-for-dollar basis. No application shall be considered unless the department has received adequate documentation of the deposit in the local housing trust fund of the local match and the identity of the source of matching funds. Applicants shall be required to continue funding the local housing trust fund from these identified local sources, and continue the trust in operation, for a period of no less than five years from the date of award. If the funding is not continued for a five-year period, then (1) the amount of the department’s grant to the local housing trust fund, to the extent that the trust fund has unencumbered funds available, shall be immediately repaid, and (2) any payments from any projects funded by the local housing trust fund that would have been paid to the local housing trust fund shall be paid instead to the department and used to fund projects under the Multifamily Housing Program, or its successor. The total amount paid to the department pursuant to (1) and (2), combined, shall not exceed the amount of the department’s grant. (f) Funds shall be used to provide loans for the construction of rental housing projects, or for construction of units within rental housing projects, affordable to, and restricted for, very low income persons and families earning less than 60 percent of the area median income. All assisted units shall be restricted for not less than 55 years. Loan repayments shall accrue to the grantee housing trust, or to the department if the trust is no longer in existence. (g) (1) In order for a city, county, or city and county to be eligible for funding, the applicant shall have, at the time of application, an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, is in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. In order for a nonprofit organization applicant to be eligible for funding, the applicant shall agree to utilize funds provided under this chapter only for projects located in cities, counties, or a city and county that have, at the time of application, an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. For the purposes of this section, eligible local housing trust funds may not include any ongoing restricted fund that is required to be established pursuant to federal or state law. (2) The requirements of this subdivision shall not apply to the duly constituted governing body of an Indian reservation or rancheria or tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5. (h) Recipients shall have held, or shall agree to hold, a public hearing or hearings to discuss and describe the project or projects that will be financed with funds provided pursuant to this section. As a condition of receiving a grant pursuant to this section, any nonprofit organization shall agree that it will hold one public meeting a year to discuss the criteria that will be used to select projects to be funded. That meeting shall be open to the public, and public notice of this meeting shall be provided, except to the extent that any similar meeting of a city or county would be permitted to be held in closed session. (i) No more than 5 percent of the funds appropriated to the department pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 53533 shall be used to pay the costs of administration of this section. (j) A local housing trust fund shall encumber funds provided pursuant to this section no later than 54 months after receipt. Any funds not encumbered within that period shall revert to the department for use in the Multifamily Housing Program. (k) Recipients shall be required to file periodic reports with the department regarding the use of funds provided pursuant to this section. No later than December 31, 2005, the department shall provide a report to the Legislature regarding the number of trust funds created, a description of the projects supported, the number of units assisted, and the amount of matching funds. (l) This program shall be operated under guidelines adopted by the department and shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2019, Ch. 660, Sec. 11. (AB 1010) Effective January 1, 2020.)
  18. 50843.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. )

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    This section requires the department to offer matching grants for housing trust funds, subject to available funding, and sets conditions for eligibility, matching funds, reporting, and timing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 13. Housing Trust Fund [50842.1 - 50843.5] ( Chapter 13 added by Stats. 1985, Ch. 1584, Sec. 1. ) ## 50843.5. (a) Subject to the availability of funding, the department shall make matching grants available to cities, counties, cities and counties, tribes, and charitable nonprofit organizations organized under Section 501(c)(3) of the Internal Revenue Code that have created and are operating or will operate housing trust funds. These funds shall be awarded through the issuance of a Notice of Funding Availability (NOFA). The department may adopt guidelines to administer this chapter. Any guidelines employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Notwithstanding anything to the contrary in this chapter, the terms of this section, and the guidelines authorized above, shall control in the event of any other statutory conflict. (1) Applicants that provide matching funds from a source or sources other than impact fees on residential development shall receive a priority for funding. (2) The department shall set aside funding for new trusts, as defined by the department in the guidelines adopted pursuant to this section. (b) Housing trusts eligible for funding under this section shall have the following characteristics: (1) Utilization of a public or joint public and private fund established by legislation, ordinance, resolution, or a public-private partnership to receive specific revenue to address local housing needs. (2) Receipt of ongoing revenues from dedicated sources of funding such as taxes, fees, loan repayments, or public or private contributions. (c) The minimum allocation to an applicant that is a newly established trust shall be five hundred thousand dollars ($500,000), or a higher amount as established by the department. The minimum allocation for all other trusts shall be one million dollars ($1,000,000), or a higher amount as established by the department. All funds provided pursuant to this section shall be matched on a dollar-for-dollar basis with moneys that are not required by any state or federal law to be spent on housing, except as authorized by Chapter 2.5 (commencing with Section 50470), if those funds are used to capitalize a regional housing trust fund. An application for an existing housing trust shall not be considered unless the department has received adequate documentation of the deposit in the local housing trust fund of the local match, or evidence of a legally binding commitment to deposit matching funds, and the identity of the source of matching funds. An application for a new trust shall not be considered unless the department has received adequate documentation, as determined by the department, that an ordinance imposing or dedicating a tax or fee to be deposited into the new trust has been enacted or the applicant has received a legally binding commitment to deposit matching funds into the new trust. Funds shall not be disbursed by the department to any trust until all matching funds are on deposit and then funds may be disbursed only in amounts necessary to fund projects identified to receive a loan from the trust within a reasonable period of time, as determined by the department. Applicants shall be required to continue funding the local housing trust fund from these identified local sources, and continue the trust in operation, for a period of no less than five years from the date of award. If the funding is not continued for a five-year period, then (1) the amount of the department’s grant to the local housing trust fund, to the extent that the trust fund has unencumbered funds available, shall be immediately repaid, and (2) any payments from any projects funded by the local housing trust fund that would have been paid to the local housing trust fund shall be paid instead to the department and used for the program or its successor. The total amount paid to the department pursuant to (1) and (2), combined, shall not exceed the amount of the department’s grant. (d) (1) Funds shall be used for the predevelopment costs, acquisition, construction, or rehabilitation of the following types of housing or projects: (A) Rental housing projects or units within rental housing projects. The affordability of all assisted units shall be restricted for not less than 55 years. (B) Emergency shelters, transitional housing, and permanent supportive housing, as these terms are defined in the guidelines adopted pursuant to this section. (C) For-sale housing projects or units within for-sale housing projects. (D) Notwithstanding any other provision of this chapter, the department may use funds appropriated pursuant to this chapter to make grants to trust funds for the construction of accessory dwelling units as defined in subdivision (a) of Section 66313 of the Government Code, or junior accessory dwelling units as defined in subdivision (d) of Section 66313 of the Government Code, and to repair, reconstruct, or rehabilitate, in whole or in part, accessory dwelling units and junior accessory dwelling units. (2) At least 30 percent of the dwelling units or shelter beds assisted by the grant and the match shall be affordable to, and restricted for, extremely low income households, as defined in Section 50106. No more than 20 percent of the dwelling units assisted by the grant and the match shall be affordable to, and restricted for, moderate-income persons and families whose income does not exceed 120 percent of the area median income. The remaining funds shall be used for projects, units, or shelters that are affordable to, and restricted for, lower income households, as defined in Section 50079.5. (3) If funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements upon resale of the for-sale housing units, unless it is in conflict with the requirements of another public funding source or law: (A) If the property is sold within 30 years from the date that trust funds are used to acquire, construct, or rehabilitate the property, the owner or subsequent owner shall sell the home at an affordable housing cost, as defined in Section 50052.5, to a household that meets the relevant income qualifications. (B) The owner and grantee shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with this section. To the extent not in conflict with another public funding source or law, all of the following shall apply to the equity-sharing agreement provided for by the deed restriction: (i) Upon resale by an owner-occupant of the home, the owner-occupant of the home shall retain the market value of any improvements, the downpayment, and their proportionate share of appreciation. The grantee shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used to make housing available to persons and families of the same income category as the original grant and for any type of housing or shelter specified in paragraph (1). (ii) For purposes of this subdivision, the initial subsidy shall be equal to the fair market value of the home at the time of initial sale to the owner-occupant minus the initial sale price to the owner-occupant, plus the amount of any downpayment assistance or mortgage assistance. If upon resale by the owner-occupant the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (iii) For purposes of this subdivision, the grantee’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale. (4) Notwithstanding subparagraph (A) of paragraph (1) or paragraph (3), a local housing trust fund shall not be required to record a separate deed restriction or equity agreement for any project or home that it finances, if a restriction or agreement that meets the requirements of subparagraph (A) of paragraph (1) or paragraph (3), as applicable, has been, or will be, recorded against the property by another public agency. (e) Loan repayments shall accrue to the grantee housing trust for use pursuant to this section. If the trust no longer exists, loan repayments shall accrue to the department for use in the program or its successor. (f) (1) In order for a city, county, or city and county to be eligible for funding, the applicant shall, at the time of application, meet both of the following requirements: (A) Have an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, is in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) Have submitted to the department the annual progress report required by Section 65400 of the Government Code within the preceding 12 months, if the department has adopted the forms and definitions pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 65400 of the Government Code. (2) In order for a nonprofit organization applicant to be eligible for funding, the applicant shall agree to utilize funds provided under this chapter only for projects located in cities, counties, or a city and county that meet both of the following requirements: (A) Have an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) Have submitted to the department the annual progress report required by Section 65400 of the Government Code within the preceding 12 months, if the department has adopted the forms and definitions pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 65400 of the Government Code. (3) A city, county, or city and county that has received an award pursuant to this section shall not encumber any program funds unless it has an adopted housing element the department has determined, pursuant to Section 65585 of the Government Code, is in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (g) Recipients shall have held, or shall agree to hold, a public hearing or hearings to discuss and describe the project or projects that will be financed with funds provided pursuant to this section. As a condition of receiving a grant pursuant to this section, any nonprofit organization shall agree that it will hold one public meeting a year to discuss the criteria that will be used to select projects to be funded. That meeting shall be open to the public, and public notice of this meeting shall be provided, except to the extent that any similar meeting of a city or county would be permitted to be held in closed session. (h) No more than 5 percent of the funds appropriated to the department for the purposes of this program shall be used to pay the department’s costs of administration of this section. Notwithstanding any other law, the department may also allow a grantee to use up to 5 percent of the grant award for administrative costs. (i) A local housing trust fund shall encumber funds provided pursuant to this section no later than 60 months after receipt. In addition, any award to a local housing trust that was under contract on January 1, 2013, shall be extended by 12 months, subject to progress benchmarks to be established by the department. Any funds not encumbered within that period shall revert to the department for use in the program or its successor. (j) Recipients shall be required to file periodic reports with the department regarding the use of funds provided pursuant to this section. No later than December 31 of each year in which funds are awarded by the program, the department shall provide a report to the Legislature regarding the number of trust funds created, a description of the projects supported, the number of units assisted, and the amount of matching funds received. (Amended by Stats. 2024, Ch. 7, Sec. 28. (SB 477) Effective March 25, 2024.)
  19. 50850.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. )

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    The Legislature declares that information about buildings eligible for conversion, tenants’ rights, and housing preservation alternatives should be available before federally subsidized housing is converted.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. ) ## 50850. The Legislature finds and declares that within the next 20 years nearly 117,000 units of low-income housing subsidized by the federal Department of Housing and Urban Development will be eligible for conversion to market rate housing. These subsidies include low-interest loan and mortgage insurance programs established pursuant to paragraph (3) of subdivision (d) of Section 221 and Section 236 of the National Housing Act of 1934 (12 U.S.C. Secs. 1715 and 1715z-1), as amended, rental subsidy programs established pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437), as amended. In addition, the Farmer’s Home Administration operates a low-interest loan program established pursuant to Section 515 of the National Housing Act of 1949 (42 U.S.C. Sec. 1485), as amended. Federal law allows owners to convert these units at certain intervals prior to the expiration of the contracts. Should the owners of the units be allowed to prepay the federally subsidized loans or fail to renew the Section rental subsidies, these units are in danger of becoming unaffordable to lower income tenants since the owners would no longer be obligated to charge below market rate rents to the tenants. Thus, it is anticipated that there will be an enormous loss of affordable decent, safe, and sanitary housing for lower income persons. The Legislature further finds that it is of paramount importance that prior to an owner being allowed to convert a federally subsidized building, tenants and other interested persons and organizations have access to information concerning buildings eligible for conversion and access to information concerning tenants’ rights and housing preservation alternatives when the conversion is imminent. The information and assistance can aid in the deterrence of conversion of the existing affordable housing stock. The Legislature finds that the provision of information, accessible to the citizenry of the state, would address this need. (Added by Stats. 1990, Ch. 1438, Sec. 2.)
  20. 50851.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. )

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    This chapter’s purpose is to make information about eligible buildings, tenant rights and responsibilities, and available technical assistance available to specified people and organizations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. ) ## 50851. The purpose of this chapter is to ensure all of the following: (a) That pertinent information concerning buildings eligible for conversion is available to tenants of subsidized rental units, community organizations, local government agencies, and other interested persons. (b) That information concerning the legal rights, responsibilities and options of owners and tenants when the conversion of a subsidized rental unit to a market rental rate is a likelihood, is provided to tenants of subsidized rental units, community organizations, local governmental agencies, and other interested persons. (c) That information concerning available technical assistance is provided to tenants of subsidized rental units and community-based nonprofits interested in purchasing the properties in the event that conversion is a likelihood. (Added by Stats. 1990, Ch. 1438, Sec. 2.)
  21. 50852.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter, including conversion, converted unit, owner, tenant, HUD, FmHA, Section 8, and subsidized rental 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. ) ## 50852. As used in this chapter, the terms defined in this section shall have the following meanings: (a) “Conversion” means any of the following: (1) The prepayment of a federally, state, or locally subsidized or insured mortgage prior to the expiration of the term of the mortgage, including mortgages of assisted housing developments as defined in paragraphs (2) and (4) of subdivision (a) of Section 65863.10 of the Government Code and mortgages made pursuant to Chapter 7 (commencing with Section 52075) of Part 5, Article 2 (commencing with Section 33760) of Chapter 8 of Part 1 of Division 24, Article 5 (commencing with Section 34350) of Chapter 1 of Part 2 of Division 24, and Part 3 (commencing with Section 50900). (2) Not renewing a contract with HUD or FmHA, which provides rent subsidies, where the contract may be unilaterally renewed by an owner, and prior to expiration of the full term of the contract, including, but not limited to, contracts entered into pursuant to the programs listed in paragraphs (1) and (3) of subdivision (a) of Section 65863.10 of the Government Code. (3) Purchase by an owner or its related entity of a building following foreclosure of HUD or the FmHA, where the building included subsidized rental units immediately prior to foreclosure or sale, where the building no longer includes subsidized rental units, and where the building was owned by the same owner immediately prior to foreclosure or sale in lieu of foreclosure. For purposes of this section, “related entity” means a spouse, parent, child, or other individual who is blood related to the owner, a partnership if the owner is either a general or limited partner of the partnership, a corporation if the owner serves on the board of directors of the corporation or if the owner is a holder of 1 percent, or more, of the stock of the corporation, and any other business entity for which the owner has primary authority for management of the business. (b) “Converted unit” means a subsidized rental unit that was subject to conversion. (c) “FmHA” means the Farmers Home Administration. (d) “HUD” means the United States Department of Housing and Urban Development. (e) “Owner” means the person, partnership, or corporation that is a party to a contract with a federal, state, or local governmental agency which provides a mortgage, mortgage assistance, or rent subsidy. (f) “Section 8” means any rental subsidy program established pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437), as amended. (g) “Subsidized rental unit” means any unit with a rent that was subject to regulation by a federal, state, or local governmental agency prior to conversion. (h) “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the owner, or sufferance, to occupy a unit to the exclusion of others. (Added by Stats. 1990, Ch. 1438, Sec. 2.)
  22. 50853.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. )

    Verify source ↗

    The department must provide specified housing-conversion information and technical assistance to tenants, organizations, agencies, and other interested persons.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14. Housing Preservation and Information Service [50850 - 50853] ( Chapter 14 added by Stats. 1990, Ch. 1438, Sec. 2. ) ## 50853. The department shall provide to tenants of subsidized rental units, community organizations, local governmental agencies, and other interested persons all of the following: (a) To the extent that information on federally and state subsidized housing projects, eligible for conversion, is available from federal, state, or other agencies, a written inventory of information on those projects, upon demand to the public. For each project, the information shall include, but not be limited to, the project name and address, the project owner, the earliest date of eligibility for subsidy termination, the type of ownership, the number of units in the building to be affected by conversion, the federal financing program, the loan contract number, the amount and term, interest rate, endorsement date, type of Section 8 contract, Section 8 contract number, and any other information determined to be pertinent. (b) Written information concerning the legal rights, responsibilities and options of owners and tenants when an owner intends to convert the building. (c) Written information concerning available technical assistance, within the state, for tenants and community nonprofits interested in buying those properties from the owner. (d) Written information relating to the conversion process of federally subsidized rental units and applicable federal, state, and local laws. (e) Any other information or technical assistance determined by the department to further the purposes of this chapter. (Added by Stats. 1990, Ch. 1438, Sec. 2.)
  23. 50860.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    This section creates the BEGIN Program and Fund, directs the department to administer Fund moneys to make grants, and requires qualifying local governments to retain and reuse loan repayments for approved housing assistance uses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50860. (a) The Building Equity and Growth in Neighborhoods (BEGIN) Program and the Building Equity and Growth in Neighborhoods (BEGIN) Fund are hereby created. (b) Except as otherwise provided in this chapter, moneys in the BEGIN Fund shall be made available upon appropriation by the Legislature to the department and administered by the department pursuant to the CalHome Program (Chapter 6 (commencing with Section 50650), to make grants to qualifying cities, counties, or cities and counties that provide incentives or reduce or remove regulatory barriers as set forth in this chapter. These grants shall, except as otherwise provided by this chapter, be used for downpayment assistance to qualifying first-time home buyers of low- and moderate-incomes purchasing newly constructed homes in a BEGIN project. (c) Any loan repayments shall be retained by the qualifying city, county, or city and county and reused for first-time home buyer downpayment assistance, home rehabilitation, home buyer counseling, home acquisition and rehabilitation, or self-help mortgage assistance for persons and families of low- or moderate-income, as defined in Section 50093. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003. Note: Condition in Sec. 3 of Ch. 724 was satisfied Nov. 5, 2002, by adoption of Prop. 46.)
  24. 50861.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    The department must send a funding notice to all cities, counties, and cities and counties for the BEGIN Program, stating when funds are available, the program terms, and the application due 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50861. The department shall issue a notice of funding availability to all cities, counties, or cities and counties specifying when funds are available for the BEGIN Program, the terms of the program, and due date for applications. The application shall include a description of the incentives or regulatory barrier reductions or removals established pursuant to Section 50863 and a description of the incentives or barrier reductions or removals that the city, county, or city and county has provided to the identified project. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  25. 50862.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    A city or county that gets a BEGIN Fund grant must use the money for downpayment assistance to eligible first-time home buyers, and the assisted home must be the buyer’s principal residence for five years.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50862. A city, county, or city and county that receives a grant from the BEGIN Fund shall use the proceeds from the grant for downpayment assistance to a prospective first-time home buyer who enters into an agreement to purchase a newly constructed home, or a newly erected manufactured home placed on a permanent foundation, with the sponsor or developer of the identified newly constructed project within this city, county, or city and county provided the first-time home buyer qualifies as a person or family of low- or moderate-income, as defined in Section 50093. Any residence assisted with downpayment financing provided by the BEGIN Fund shall be continuously occupied by the home buyer as his or her principal residence for at least five years following recordation of the deed of trust. If the home buyer fails to meet this condition, the loan amount shall become immediately due and payable to the grantee city, county, or city and county. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  26. 50862.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    Downpayment assistance under this chapter must be provided as a second mortgage loan.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50862.5. Downpayment assistance provided pursuant to this chapter shall be in the form of a second mortgage loan. The maximum amount of the loan shall be set in the current Notice of Funding Availability (NOFA), but in no case shall the loan exceed 20 percent of the sale price of the residence. The loan shall accrue simple interest. (Amended by Stats. 2007, Ch. 596, Sec. 17.5. Effective January 1, 2008.)
  27. 50863.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    Grants may be made only to qualifying local governments that have shown they provided incentives or reduced regulatory barriers to affordable housing for a specified project.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50863. Grants shall only be made to a qualifying city, county, or city and county that has demonstrated that it has provided incentives or reduced or removed regulatory barriers to affordable housing for an identified or specified project. The department shall establish the types of local governmental actions that it determines are appropriate and objectively measurable incentives and regulatory barrier reductions or removals. These actions may include, but are not limited to, any or all of the following measures: standards relating to housing density, project design, parking requirements, permit processing, and fee reductions. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  28. 50864.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    The department must score the criteria it sets under Section 50863 by assigning points, and eligible city, county, or city and county applications must receive extra points within a stated cap.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50864. The department shall prioritize and quantify the criteria it establishes pursuant to Section 50863 by assigning points to each of the criteria. Applications of a city, county, or city and county that has a housing element that the department has found substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code shall receive additional points, not exceeding the points granted for any one of the criteria in Section 50863. Additional points may be given for applications meeting one or more of the following objectives: (a) The extent to which the project is intended to serve low-income home buyers. (b) The location of the project on a site designated as “infill.” (c) The location of the project in proximity to public transit, public schools, parks, or recreational facilities. (d) The location of the project in any of the following job centers: (1) The Los Angeles and Long Beach metropolitan statistical area. (2) The Orange County metropolitan statistical area. (3) The San Diego County metropolitan statistical area. (4) The San Francisco metropolitan statistical area. (5) The Oakland metropolitan statistical area. (6) The San Jose metropolitan statistical area. (7) The Sacramento metropolitan statistical area. (8) The Fresno metropolitan statistical area. (9) The Modesto metropolitan statistical area. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  29. 50865.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    The department may run the BEGIN Program through guidelines, but it must consult beneficiaries and participants at least once first.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50865. The department may administer the BEGIN Program through guidelines that shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code, following at least one consultation with the potential beneficiaries of, and participants in, the program, including, but not limited to, representatives of local governments and homebuilders. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  30. 50866.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. )

    Verify source ↗

    No more than 5% of the funds deposited in the BEGIN Fund may be used to pay this chapter’s 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 14.5. Building Equity and Growth in Neighborhoods Program [50860 - 50866] ( Chapter 14.5 added by Stats. 2002, Ch. 724, Sec. 2. ) ## 50866. No more than 5 percent of the funds deposited in the BEGIN Fund may be used to pay the costs of administration of this chapter. (Added by Stats. 2002, Ch. 724, Sec. 2. Effective January 1, 2003.)
  31. 50880.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The Legislature states findings about families moving from welfare to work and describes a Families Moving to Work Program to provide housing, child care, and job training.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50880. (a) The Legislature finds and declares all of the following: (1) That there are more than 600,000 families in California who face the enormous challenge of moving rapidly from welfare to work in order to meet federal and state deadlines. (2) That a significant number of these families face substantial obstacles in meeting these deadlines inasmuch as a vast percentage of these families pay 50 to 80 percent of their welfare checks for housing, live in counties with unemployment rates that are as high as 30 percent, cannot locate infant or child care because of no availability or long waiting lists, and lack personal or public transportation. (3) That approximately 1,500,000 children receiving Aid to Families with Dependent Children (AFDC) will require child care when their mothers begin private or public employment and that only four out of every 100 slots in licensed child care centers are open to infants. (4) That most of the 600,000 parents who will be required to work lack training, and a high percentage lack a high school diploma, job experience, and job retention skills in order to earn the income necessary to sustain themselves and their children without welfare assistance. Studies demonstrate that a welfare mother in Los Angeles with one toddler will need to find a job earning thirteen dollars and seven cents ($13.07) per hour in order to provide housing, and the basic necessities and health care. A mother of two needs seventeen dollars and ten cents ($17.10) per hour. (5) That in response to this complex problem facing so many endangered families, assistance to families moving to work shall be provided under the “Families Moving to Work Program” which shall be operated as a component of the Multifamily Housing Program established by Chapter 6.7 (commencing with Section 50675), through which the Department of Housing and Community Development shall test innovative strategies of providing affordable housing combined with child care and a job training program. The housing shall be located on a main transportation system. (b) The Legislature intends that the funds included in Item 2240-106-0001 of the Budget Act of 1999 be used as an integral part of a county’s welfare plan as a means of assisting families qualifying for CalWORKs benefits and experiencing the greatest difficulty moving from welfare to work. The Legislature further intends for this to be a transitional program that will provide focused, enriched resources to CalWORKs households during the period of moving from welfare to work, and that upon the completion of the program, the household’s assistance will be terminated and then a new CalWORKs household will be provided assistance in the Families Moving to Work Program. The Legislature intends that the department may establish goals and timelines for moving from welfare to work, and that broad criteria for this transition shall be applied to households on an individual basis. (c) The Legislature finds and declares that the legislative findings and declarations set forth in Sections 1 to 5, inclusive, of both Chapters 1042 and 1043 of the Statutes of 1979, remain valid and are applicable to the program enacted by this chapter. The Legislature finds and declares that there is an urgent need to establish a program to design new living environments, part of which will include social and economic programs, so that working parents, jobseeking parents, and homeless parents can build productive lives for themselves and their children. (Amended by Stats. 1999, Ch. 637, Sec. 3. Effective January 1, 2000.)
  32. 50881.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    This section names the chapter the Families Moving to Work 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50881. This chapter shall be known and may be cited as the Families Moving to Work Program. The Families Moving to Work Program shall be operated as a component of the Multifamily Housing Program of the department (Chapter 6.7 (commencing with Section 50675)). (Amended by Stats. 1999, Ch. 637, Sec. 4. Effective January 1, 2000.)
  33. 50881.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the chapter, including community housing development, congregate housing, and 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50881.5. The definitions in this section apply to all activities conducted pursuant to this chapter. Except as otherwise provided in this chapter, or unless the context requires otherwise, the definitions in Chapter 2 (commencing with Section 50050) of Part 1 and Chapter 6.7 (commencing with Section 50675) also apply to this chapter. (a) “Community housing development” means a development of 20 or more rental or cooperative units on one or more sites, that includes the social and economic features described in this chapter. (b) “Congregate housing” or “congregate housing development,” means a new or rehabilitated large multibedroom structure in which more than two families share common living areas and child care, cleaning, cooking, and other household responsibilities. (c) “Sponsor” means any nonprofit corporation, cooperative, or local public agency, or any combination thereof, including limited partnerships in which the managing general partner is an eligible nonprofit corporation. (Amended by Stats. 1999, Ch. 637, Sec. 5. Effective January 1, 2000.)
  34. 50882.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The section creates the Families Moving to Work Account, directs certain money into it, and limits how the funds may be used and transferred.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50882. (a) The Families Moving to Work Account is hereby established in the Rental Housing Construction Fund. The account shall be organized into subaccounts as provided in this chapter. All of the following moneys shall be paid into the account: (1) Any moneys appropriated and made available by the Legislature for the purposes of the account. (2) Any moneys that the department receives in repayment or return of loans made from the account, including any interest on those loans. (3) Any other moneys that may be made available to the department for the purposes of this chapter from any other source or sources. (b) Notwithstanding Section 13340 of the Government Code, all money in the account is hereby continuously appropriated to the department and shall be utilized for the purposes of Article 1 (commencing with Section 50880) to Article 4 (commencing with Section 50893), inclusive, including administrative expenses of the department for the implementation and operation of the programs created by this chapter. All interest or other increment resulting from investment or deposit of moneys in the account shall be deposited in the account, notwithstanding Section 16305.7 of the Government Code. Moneys in the account are not subject to transfer to any other fund, except as set forth in this chapter, pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except the Surplus Money Investment Fund. (c) At the time funding availability is announced by the department, the department may apportion funds available for loans between community housing developments and congregate housing developments. The plan for apportioning funds may include a priority for funding loans for new construction, acquisition and rehabilitation, or rehabilitation. (d) Notwithstanding any other provision of law, on or after July 1, 1996, the unencumbered account balance and reserves shall be transferred out of the Family Housing Demonstration Account, but shall be retained within the Rental Housing Construction Fund. (e) Notwithstanding any other provision of law, the funds transferred to the Rental Housing Construction Fund pursuant to Item 2240-106-0001 of the Budget Act of 1999 shall be transferred into the Housing Rehabilitation Loan Fund to be used only for the purposes of this chapter. Repayments shall be made to the Housing Rehabilitation Loan Fund and may be used for any eligible purpose of that fund. (Amended by Stats. 1999, Ch. 637, Sec. 6. Effective January 1, 2000.)
  35. 50883.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The department may move limited amounts of account funds into feasibility and emergency reserve subaccounts and use those funds for housing development feasibility, cost overruns, revenue shortfalls, or to prevent a sponsor default in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50883.5. (a) The department may deposit an amount not to exceed 10 percent of the moneys appropriated to the account in a feasibility subaccount in the account. The moneys in that account may be utilized to provide funds, as determined necessary by the department, to ensure the economic feasibility of, and to enable the development of, community housing developments or congregate housing developments assisted under this chapter. (b) The department may deposit an amount not to exceed 3 percent of the funds appropriated to the account in an emergency reserve subaccount established in the account. The department may expend moneys in this account to defray unanticipated cost increases or revenue shortfalls, as determined by the department, to the extent necessary to maintain the fiscal integrity of the development and maintain affordable rents for eligible households. Notwithstanding the provisions of Section 53130 which limit the use of allocated bond proceeds for project operating costs, and notwithstanding the provisions of Section 53133, the department may use any amounts available in the account for the purpose of curing or avoiding a sponsor’s default on the terms of any loan or other obligation which will jeopardize the financial integrity of a housing development or the department’s security in the housing development. The payment or advance of any funds by the department pursuant to this subdivision shall be solely within the discretion of the department, and no sponsor shall be entitled to, or have any right to, payment of these funds. Funds advanced pursuant to this subdivision shall be added to the loan amount secured by the deed of trust and shall be payable to the department upon demand. (c) The subaccounts established by this section shall be governed by, and be subject to, all of the provisions governing the account. (Amended by Stats. 1990, Ch. 1311, Sec. 6. Effective September 25, 1990.)
  36. 50884.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The department must file a report with the Legislature and Governor by January 1, 1990, and every January 1 after that.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 1. Findings, Definitions, and General Provisions [50880 - 50884.5] ( Article 1 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50884.5. The department shall submit a report on or before January 1, 1990, and on or before each January 1, thereafter, to the Legislature and the Governor on the administration and implementation of the programs and account which shall include, but not be limited to, all of the following information: (a) The number of assisted and nonassisted units in community housing developments and the number of congregate housing developments occupied by, or available to, each income group and the number of elderly and nonelderly households assisted. (b) The average and median cost of a congregate housing development and of a unit in each community housing development, and the cost of the child care center in each community housing development. (c) The department’s administrative costs and budget for implementation and management. (d) Details of the implementation and success of the various components of the community housing development or congregate housing development, if applicable. (e) The department’s recommendations, as needed, to improve the operation of the program and the account. (Added by Stats. 1988, Ch. 30, Sec. 5. Effective March 14, 1988.)
  37. 50887.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The department is encouraged to make interagency agreements with state departments or agencies when appropriate.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50887.5. The department is encouraged, as appropriate, to enter into interagency agreements with any state department or agency to ensure close coordination and cooperation in using the funds of the other departments or agencies for the jobs component, child care component, or other components of the housing developments. (Amended by Stats. 2004, Ch. 225, Sec. 55. Effective August 16, 2004.)
  38. 50888.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    Each community housing development must include three components: housing, supportive services, and jobs and economic 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50888. Each community housing development shall consist of three components: a housing component, a supportive services component, and a jobs and economic development component. (Added by Stats. 1988, Ch. 30, Sec. 5. Effective March 14, 1988.)
  39. 50888.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    Assisted housing under this chapter must meet occupancy, service, and program-design requirements, including CalWORKs-based tenant composition for at least 10 years, child care, case management, and related regulatory agreement terms.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50888.3. (a) Housing assisted pursuant to this chapter shall be subject to the following provisions: (1) For the period during which the development benefits from assistance provided pursuant to this chapter, and not less than 10 years, households moving into assisted units must be comprised of CalWORKs recipients and their families. (A) Following this period, occupancy shall be limited in accordance with the provisions of the Multifamily Housing Program established by Chapter 6.7 (commencing with Section 50675). (2) Child care must be available to all households living in assisted units. The child care must be available onsite or in close proximity to the housing. (3) Case management services must be available to all households living in assisted units commencing upon initial occupancy and continuing for at least three months following termination of the program assistance provided to these households. (4) The assistance provided to individual households shall be for the purpose of assisting them in moving from welfare to work, or to retain employment as determined necessary by the county welfare department and consistent with the services provided by the county’s CalWORKs program. (5) The regulatory agreement entered into between the department and the sponsor shall contain provisions (A) for requiring termination of program assistance consistent with the requirements of the local welfare reform plan and CalWORKs; (B) for expeditiously transferring assistance to a new CalWORKs recipient household, once assistance has been terminated for a household that no longer qualifies for the assistance; (C) for grievance hearings and other resident protections which ensure reasonable security of occupancy; (D) to ensure that if an eligible household’s income exceeds the standard pursuant to which it was accepted for tenancy, that fact alone shall neither constitute cause for the eviction nor be a violation of the sponsor’s loan agreement; (E) for requiring sponsors to collect and report to the department such information as the department deems necessary for program evaluation purposes; and (F) any other provisions necessary to carry out the purposes and requirements of this chapter. (6) In evaluating projects for funding and to permit assessment of the efficacy of various housing models, the weighted underwriting and evaluative criteria shall give consideration to ensuring that a variety of project types receive funding. (7) (A) Community housing developments shall include all of the following features and criteria: (i) A jobs and economic development component. (ii) A child care center and play area adequate in size to serve the residents of the development, and may also serve the children of nonresidents of the development. (iii) A community room, which may also be the child care center. (iv) Adequate laundry facilities. (v) Other features as appropriate. (B) The jobs and economic development component of a community housing development shall consist of a program of job placement and training for residents which shall be implemented commencing upon initial occupancy of the development. The program shall be based on a consideration of existing potential employment at nearby facilities through publicly assisted or other job training or entry level employments programs, as well as employment in the management and operation of the development, including the child care center. The economic and development component shall be subject to the department’s approval and shall be memorialized as a rider to the regulatory agreement. (8) The housing must be on a main transportation system. (9) Sponsors shall provide evidence that the proposed development is consistent with the Welfare Reform Plan required pursuant to Section 10531 of the Welfare and Institutions Code, as adopted by the county board of supervisors. (10) If the CalWORKs program ceases to exist or is modified to the extent that it becomes financially infeasible for developments assisted pursuant to this chapter to comply with the requirements of this chapter, as determined by the department, the department may modify these requirements to the extent necessary to preserve the financial feasibility of the developments. (Amended by Stats. 1999, Ch. 637, Sec. 8. Effective January 1, 2000.)
  40. 50889.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    A community housing development must, as feasible, include public and private assistance in its development and operating costs, and the department must adopt regulations encouraging other listed 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 2. Community Housing Developments [50887.5 - 50889] ( Article 2 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50889. The community housing development shall include, to the extent feasible, financial and nonfinancial public assistance and private assistance in its development costs as well as its operating costs, as determined by the department. The department shall adopt regulations which encourage the use of other assistance as identified in this section. The categories of assistance shall include, but not be limited to, all of the following: (a) Direct financial grants from public and private sources including, but not limited to, Community Development Block Grants, Urban Development Assistance Grants, redevelopment agency grants, or foundation grants. (b) Direct loans for construction, mortgages, or operational costs from state or local issuances of revenue bonds or redevelopment bonds, or other public or private loans which result in below market rate financing. (c) Direct nonfinancial considerations, including those required pursuant to Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (d) Indirect financial considerations such as the waiver of local fees, the reduction or elimination of land dedications and impact fees, and the provision of infrastructure costs. (e) Direct financial assistance from private industry councils and service delivery areas under Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, or Article 3.1 (commencing with Section 11315) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code or private sector investment in support of job training, job placement, or self-employment or residents or potential residents. (Amended by Stats. 1990, Ch. 1311, Sec. 8. Effective September 25, 1990.)
  41. 50890.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The Legislature declares that there is a critical need for smaller-scale congregate housing for single-parent households and that such housing can provide social and economic benefits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50890. The Legislature finds and declares all of the following: (a) That in addition to the need for housing described in this chapter as community housing developments, there is an additional critical need for smaller scale congregate housing suitable to single-parent households in which families share large, multibedroom houses with common living areas and who share child care, cleaning, cooking, and other household responsibilities. (b) That congregate housing can be constructed or converted at little more cost than conventional housing, and at less cost than conventional apartment houses. The purposes of this housing can be achieved through a combination of innovative and traditional designs, including, but not limited to, the construction of “flexibility” houses where only the exterior walls and those around the kitchen and bathroom are permanent, or the use of large rooms with interior sliding doors or screens to provide for personal or social spaces. (c) That this type of housing can reduce reliance on public assistance; increase self-reliance and joint problem solving; assist single parents to obtain and keep employment; provide fulfilling activity for elderly or handicapped persons; provide for more economical use of housing stock; and ensure the use of scarce family resources in a manner which maximizes the health, safety, and development of children and younger single parents. Notwithstanding all of these benefits, there are no public programs that assist in the provision or financing of this housing, and private financing or provision of this housing is almost nonexistent. (Amended by Stats. 1999, Ch. 67, Sec. 29. Effective July 6, 1999. Operative July 6, 1999, pursuant to Sec. 45 of Ch. 67.)
  42. 50891.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The department must follow listed requirements when implementing 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50891. In implementing this article, the department shall comply with all of the following requirements: (a) The department shall apply the requirements and priorities of subdivisions (a), (b), and (e) of Section 50888.3 and Sections 50887 and 50889.5 in the selection of congregate housing developments for funding. (b) The procedural and substantive requirements of Article 4 (commencing with Section 50893) shall apply to congregate housing, to the maximum extent feasible, as determined by the department, given the nature of congregate housing. (Amended by Stats. 1990, Ch. 1311, Sec. 10. Effective September 25, 1990.)
  43. 50891.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    Congregate housing developments must, as feasible and as the department determines, include certain design, social, and economic components and resident maintenance agreements; the department may require professional management and maintenance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 3. Congregate Housing [50890 - 50891.5] ( Article 3 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50891.5. Each congregate housing development shall, to the maximum extent feasible, as determined by the department, incorporate the design, social, and economic development components of Sections 50888.5 to 50889, inclusive, considering the size, design, and purpose of these units. These selection and occupancy criteria shall, in addition, include an agreement by the residents to undertake joint responsibility for maintenance and the social and economic components of the housing. The department may require professional management and maintenance of each project to supplement that provided by the residents of the housing development. (Added by Stats. 1988, Ch. 30, Sec. 5. Effective March 14, 1988.)
  44. 50893.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    The department must provide certain housing loans and related agreements, and loan terms, repayment timing, and extensions are limited by specific rules.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50893. The department shall make, or undertake commitments to make, construction or rehabilitation loans, including land acquisition costs, and mortgage loans in accordance with subdivisions (a) and (c) for new construction, and subdivisions (b) and (c) for rehabilitation, to sponsors to finance the development of community housing developments and congregate housing developments. The development cost payments may be provided as loans to be repaid at 3 percent interest and payments of principal or interest, or both, may be deferred or made payable over a period of time. For these purposes, the department shall enter into regulatory agreements and other agreements, and security documents, with the sponsors receiving funds from the fund. Upon the recordation, the regulatory agreement and all other agreements or documents included or incorporated by reference within the regulatory agreement shall constitute enforceable restrictions upon the property for the term of the loan. The term of the loan and its schedule for repayment may be extended by the department for additional periods as long as the community housing development or congregate housing development is operated in a manner consistent with the regulatory agreement and the sponsor needs an extension in order to continue to operate the community housing development or congregate housing development in a manner consistent with this chapter. Each extension shall be for a period of not less than 10 years and the total term of the revised loan shall not exceed 55 years. However, the term of any loan, including any extension thereof, shall not exceed the useful life of the community or congregate housing development for which the loan is made. (a) Loans to sponsors for new construction of community housing developments or congregate housing developments shall be for terms not less than 40 years. After 30 years from the time the loans are made, the sponsor shall begin to repay the loan in accordance with a payment plan, as determined by the department, that shall maintain the rents affordable to eligible households. (b) Loans made to sponsors of community housing developments or congregate housing developments for acquisition and rehabilitation shall be for terms of not less than 30 years. Loans made to sponsors of community housing developments or congregate housing developments for rehabilitation shall only be for terms of not less than 20 years. The sponsor may elect to begin to repay the loan at any time in accordance with a payment plan, as approved by the department, that shall maintain the rents at levels affordable to eligible households. (c) Notwithstanding any loan payment plan approved by the department, the department may permit the prepayment of a loan at any time, on the basis of net cashflow of a development, provided that the term of the regulatory agreement shall not be reduced due to any prepayment. (Amended by Stats. 2011, Ch. 239, Sec. 13. (SB 562) Effective January 1, 2012.)
  45. 50893.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. )

    Verify source ↗

    This section sets rules for funding development costs, rent adjustments, notice, and assisted-unit reductions for the family housing demonstration 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50893.3. (a) The cost of development of any common portions of the development shall be allocated to the fund in the same ratio as the ratio between assisted and nonassisted units in the community housing development. (b) Not more than 50 percent of the cost of the child care center and related play area shall be paid for from the account, notwithstanding the ratio between assisted and nonassisted units. However, if the department finds that sufficient funding is not available to pay for the remainder of the cost, the department may pay for the balance needed from the account. (c) The department shall develop an inflation index reflecting the annual anticipated changes in rental housing development operating costs from a base year. The inflation index shall be used by the sponsor to adjust the initial rent of each unit occupied by an eligible household to determine the annual rent. Any sponsor may appeal to the department for a greater adjustment in rents necessary to ensure the fiscal integrity of the rental housing development. If the department does not respond within 60 days, the request shall be deemed approved. A 30-day written notice shall be given to each eligible household prior to an adjustment in the amount of rent. (d) The department annually may approve a reduction in the number of assisted units to less than the number agreed upon, or less than 30 percent, only if the department determines that it is necessary to maintain the fiscal integrity of the development. If the number of units occupied by eligible households in the community housing development ever falls below the number agreed to by the department and sponsor, then the next units which become available for occupancy shall be made available on a priority basis to eligible households, as required, until the number of units so occupied equals at least the number specified in the agreement. (Amended by Stats. 1990, Ch. 1311, Sec. 12. Effective September 25, 1990.)
  46. 50894.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. )

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    The chapter’s requirements may be waived only when needed to resolve a conflict with federal or other state housing assistance, tax credits, or nondiscrimination law.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50894. (a) Where loans will be used in conjunction with federal and other state housing assistance or tax credits, and a conflict exists between the other state and federal program requirements and this chapter, the requirements of this chapter may be waived only to the extent necessary to permit the federal or other state financial participation or eligibility for tax credits. Where a conflict exists between any state or federal law or regulation regarding nondiscrimination and this chapter, the requirements of this chapter may be waived only to the extent necessary to bring this chapter in compliance with the law or regulation regarding nondiscrimination. (Amended by Stats. 1991, Ch. 100, Sec. 10. Effective July 1, 1991.)
  47. 50895.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. )

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    Department rules, policies, or standards of general application used to implement this chapter are exempt from Chapter 3.5 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 15. Family Housing Demonstration Program [50880 - 50895] ( Chapter 15 added by Stats. 1988, Ch. 30, Sec. 5. ) ## ARTICLE 4. Program Operations [50893 - 50895] ( Article 4 added by Stats. 1988, Ch. 30, Sec. 5. ) ## 50895. No rule, policy, or standard of general application employed by the department in implementing this chapter shall be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (Repealed (by Sec. 33) and added by Stats. 1999, Ch. 67, Sec. 34. Effective July 6, 1999. Operative July 6, 1999, pursuant to Sec. 45 of Ch. 67.)
  48. 50896.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. )

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    This section states legislative findings and the intent to align California’s HOME program priorities and procedures with federal law, support HOME activities, and maximize housing resources.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. ) ## 50896. The Legislature hereby finds and declares all of the following: (a) The Cranston-Gonzalez National Affordable Housing Act of 1990 (P.L. 101-625) was enacted to reaffirm the long-established national commitment to decent, safe, and sanitary housing for every American. (b) Title II of that law establishes the HOME Investment Partnership Act, otherwise referred to as HOME, to do all of the following: (1) Expand the supply of decent, safe, and affordable housing with primary attention to low-income rental housing. (2) Strengthen the abilities of states and local governments to design and implement affordable housing strategies. (3) Provide both federal financial and technical assistance to support state and local efforts. (c) HOME, as administered by the United States Department of Housing and Urban Development, allocates funds by formula among the eligible states and units of local government that shall use HOME funds to carry out multiyear housing strategies through acquisition, rehabilitation, and new construction of housing and tenant-based rental assistance. (d) It is the intent of the Legislature in enacting this chapter to complement federal law and regulations by prescribing more precisely state priorities and procedures for expending the state’s allocation under the HOME program, providing technical assistance and coordination of HOME activities within the State of California, and maximizing and fully utilizing all financial resources for housing. (Amended by Stats. 2006, Ch. 538, Sec. 409. Effective January 1, 2007.)
  49. 50896.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. )

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    The Department of Housing and Community Development is the state agency responsible for administering HOME funds and, when requested, providing technical assistance and coordinating HOME activities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. ) ## 50896.1. The Department of Housing and Community Development shall be the state agency responsible for both of the following: (a) The administration of the state’s allocation of HOME funds in accordance with the requirements of Title II of the Cranston-Gonzalez National Affordable Housing Act, federal regulations, and this chapter. (b) The provision of technical assistance and coordination of the HOME activities as may be requested by local governments or community housing development organizations receiving allocations of HOME funds. (Amended by Stats. 2006, Ch. 538, Sec. 410. Effective January 1, 2007.)
  50. 50896.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. )

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    This section defines several terms used in 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. ) ## 50896.2. As used in this chapter: (a) “HOME” means the HOME Investment Partnership Act as enacted in Title II of the Cranston-Gonzalez National Affordable Housing Act. (b) “Local agency,” as defined in Section 50077, shall also mean “units of local government,” as defined in Section 92.2, Subpart A of Part 92 of Subtitle A of Title 24 of the Code of Federal Regulations. (c) “Community housing development organizations” means the nonprofit organizations described in Section 92.300, Subpart G of Part 92 of Subtitle A of Title 24 of the Code of Federal Regulations. (d) “Housing sponsor” shall have the same meaning as defined in Section 50074. (Amended by Stats. 2006, Ch. 538, Sec. 411. Effective January 1, 2007.)
  51. 50896.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. )

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    The department must allocate HOME funds under specified rules, may make certain allocations to local agencies and housing sponsors, must convene a stakeholder process by September 1, 2023, and must use existing state regulations until new guidelines are adopted.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 16. HOME Investment Partnerships Act [50896 - 50896.3] ( Chapter 16 added by Stats. 1992, Ch. 894, Sec. 1. ) ## 50896.3. (a) All HOME funds made available to the state shall be allocated by the department for the purposes specified in HOME in accordance with the following provisions: (1) The department may allocate state HOME funds to local agencies that do not meet the threshold entitlement in an amount not to exceed the difference between the computed entitlement and the threshold. (2) The department may allocate HOME funds, in an amount determined by the department, to any local agency that does not receive a formula allocation. (3) The department may allocate HOME funds to housing sponsors who are eligible to participate and meet the standards required in the housing programs authorized by Part 2 (commencing with Section 50400) of this division. (b) Notwithstanding any other law, the department may adopt guidelines, rules, policies, or standards of general application to implement this section. The adoption, amendment, or repeal of any guidelines, rules, policies, or standards of general application employed by the department in implementing this chapter is hereby exempt from the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department shall convene a stakeholder process to inform the development of these guidelines, rules, policies, or standards of general application for the implementation of the program pursuant to this chapter no later than September 1, 2023. Until guidelines, rules, policies, or standards of general application are adopted, the department shall administer the program pursuant to state regulations adopted as of January 1, 2022. Upon adoption of guidelines, rules, policies, or standards of general application, existing previously adopted state regulations shall be repealed. The repeal of existing state regulations pursuant to this section is hereby exempted from the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2022, Ch. 70, Sec. 35. (SB 197) Effective June 30, 2022.)
  52. 50897.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section defines key terms for the state rental assistance chapter and sets funding-allocation rules for Round 1 and Round 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897. For purposes of this chapter: (a) “City” means a city or a city and county. For purposes of this chapter, a city may be organized either under the general laws of this state or under a charter adopted pursuant to Section 3 of Article XI of the California Constitution. (b) “County” means a county, including a county organized under a charter adopted pursuant to Section 3 of Article XI of the California Constitution, or a city and county. (c) “Completed application” means an application for which a landlord or eligible household, as applicable, has provided all the necessary contact information and documentation required for a government rental assistance program to initiate a review of the application for eligibility. (d) “Department” means the Department of Housing and Community Development. (e) (1) “Eligible household” has the same meaning as defined in Section 501(k)(3) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (2) Notwithstanding paragraph (1), for purposes of Round 2, “eligible household” has the same meaning as defined in Section 3201(f)(2) of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2). (f) “Federally recognized tribe” means an Indian tribe, as described in Section 501(k)(2)(C) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (g) “Grantee” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county, that participates in a rental assistance program pursuant to this chapter. (h) “Option A” means the administrative option grantees utilize pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 50897.3 or subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 50897.3.1, as applicable. (i) “Option B” means the administrative option grantees utilize pursuant to Section 50897.2 or 50897.2.1, as applicable. (j) “Option C” means the administrative option grantees utilize pursuant to paragraph (2) of subdivision (b) of Section 50897.3 or paragraph (2) of subdivision (b) of Section 50897.3.1, as applicable. (k) “Program” means the process for awarding funds for state rental assistance pursuant to this chapter, as provided in Section 50897.2, 50897.2.1, 50897.3, or 50897.3.1, as applicable. (l) “Program implementer” means the contracted vendor selected to administer emergency rental assistance under the program pursuant to paragraph (1) of subdivision (a) of Section 50897.3. (m) “Prospective rent payment” means a rent payment eligible for financial assistance pursuant to Section 501(c)(2)(A) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (n) “Rental arrears” means rental arrears eligible for financial assistance pursuant to Section 501(c)(2)(A) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (o) “Round 1” means the state rental assistance program established by funds provided by Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (p) “Round 2” means the state rental assistance program established by funds provided by Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (q) “State reservation table” means the methodology for allocating the state’s portion of funding for Round 1 and Round 2 as follows: (1) (A) With respect to funding received for Round 1, no more than 10 percent for state administration. (B) Round 1 shall include one hundred fifty million dollars ($150,000,000) total set aside for smaller counties with a population less than 200,000, allocated based on the proportional share of population from the 2019 federal census data. (C) The remainder of the state allocation to be distributed to eligible grantees with a population 200,000 or greater, based on their proportional share of population from the 2019 federal census data. (2) (A) With respect to funding for Round 2, no more than 15 percent shall be used for state administration. (B) Subject to the requirements of this paragraph, Round 2 funding shall include one hundred twenty-five million dollars ($125,000,000) total set aside for counties with a population less than 200,000, allocated based on their proportional share of the population from the 2019 federal census data. (C) The remainder of the state allocation to be distributed to grantees with a population 200,000 or greater, based on their proportional share of population from the 2019 federal census data. (D) The department shall pay all grantees an initial payment that is equal to an amount not less than 40 percent of each grantee’s total allocation provided under this paragraph. (i) Subsequent payments shall be paid to grantees in tranches up to the full amount of each grantee’s total state allocation in accordance with a procedure established by the department that shall require that a grantee has obligated not less than 75 percent of funds provided pursuant to this subparagraph. (ii) The department shall have the authority to reallocate unused funds and shall prioritize allocating funds based on factors that include a grantee’s unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (r) “Utilities” means utilities and home energy costs eligible for financial assistance pursuant to Section 501(c)(2)(A) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (Amended by Stats. 2022, Ch. 28, Sec. 101. (SB 1380) Effective January 1, 2023.)
  53. 50897.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section sets how state rental assistance funds must be administered, who gets priority, how arrears and prospective rent may be paid, and what notices, receipts, and household attestations are required.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.1. (a) (1) Funds available for rental assistance pursuant to this chapter shall consist of state rental assistance funds made available pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) and Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) and shall be administered by the department in accordance with this chapter and applicable federal law. (2) Each grantee shall be eligible to receive an allocation of rental assistance funds, calculated in accordance with the state reservation table. (3) The state high-need grantee set aside provided pursuant to Section 3201(a)(2)(D) of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be allocated or administered by the department, or program implementer, pursuant to applicable federal requirements. (4) Additional rental assistance funds allocated to the state from the United States Treasury pursuant to Section 501(d) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) or Section 3201(e) of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) shall be allocated, at the department’s discretion, with prioritization based on factors that include a grantee’s unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (5) Except as otherwise provided in this chapter, funds available for rental assistance administered pursuant to Section 50897.3 or 50897.3.1 shall consist of state rental assistance funds calculated pursuant to the state reservation table. (b) Funds provided for and administered pursuant to this chapter shall be used in a manner consistent with federal law, including the prioritization of assistance specified in Section 501(c)(4) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). In addition, in providing assistance pursuant to this chapter, the department and, if applicable, the program implementer shall prioritize communities disproportionately impacted by COVID-19, as determined by the department. State prioritization shall be as follows: (1) Priority one shall be eligible households, as specified in Section 501(c)(4) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260), to expressly target assistance for eligible households with a household income that is not more than 50 percent of the area median income or any eligible households that receive a notice described in Section 1179.10 of the Code of Civil Procedure or a summons described in Section 1179.11 of the Code of Civil Procedure. (2) Priority two shall be communities disproportionately impacted by COVID-19, as determined by the department. (3) Priority three shall be eligible households that are not otherwise prioritized as described in paragraphs (1) and (2), to expressly include eligible households with a household income that is not more than 80 percent of the area median income. (c) (1) Except as otherwise provided in paragraph (2), eligible uses for funds made available to a grantee under this chapter shall be as follows: (A) Rental arrears. (B) Prospective rent payments. (C) Utilities, including arrears and prospective payments for utilities. (D) Any other expenses related to housing as provided in Section 501(c)(2)(A) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (E) Any additional use authorized under federal law and guidance. (2) For purposes of stabilizing households and preventing evictions, rental arrears shall be given priority for purposes of providing rental assistance pursuant to this chapter. (3) Remaining funds not used as described in paragraph (2) may be used for any eligible use described in subparagraphs (B), (C), and (D) of paragraph (1). (d) Assistance for rental arrears may be provided as a payment directly to a landlord on behalf of an eligible household by entering into an agreement with the landlord, subject to both of the following: (1) Assistance for rental arrears shall be set at compensation of 100 percent of an eligible household’s unpaid rental debt accumulated on or after April 1, 2020. (2) (A) Acceptance of a payment made pursuant to this subdivision shall be conditioned on the landlord’s agreement to accept the payment as payment in full of the rental debt owed by any tenant within the eligible household for whom rental assistance is being provided for the specified time period. The landlord’s release of claims pursuant to this subparagraph shall take effect only upon payment being made to the landlord pursuant to this subdivision. (B) The landlord’s agreement to accept payment pursuant to this subdivision as payment in full, as provided in subparagraph (A), shall include the landlord’s agreement to release any and all claims for nonpayment of rental debt owed for the specified time period, including a claim for unlawful detainer pursuant to paragraph (2) and (3) of Section 1161 of the Code of Civil Procedure, against any tenant within the eligible household for whom the rental assistance is being provided. (e) (1) A member of an eligible household may directly apply for rental arrears assistance from the grantee. Assistance for rental arrears pursuant to this subdivision shall be set at compensation of 100 percent of the eligible household’s unpaid rental debt accumulated on or after April 1, 2020. (2) (A) Upon receipt of assistance, the eligible household shall provide the full amount of rental arrears to the landlord within 15 days, excluding Saturdays, Sundays, and judicial holidays, of receipt of the funds. (B) (i) If the household does not comply with subparagraph (A), the landlord may charge a late fee not to exceed the amount that the landlord may charge a tenant for one late rental payment under the terms of the lease or rental agreement. (ii) Failure to pay a late fee charged by a landlord pursuant to this subparagraph shall not be grounds for an unlawful detainer action. (C) A member of an eligible household described by this paragraph shall attest under penalty of perjury that the household will comply with the requirements of this paragraph. (f) Funds used to provide assistance for prospective rent payments for an eligible household shall be set at 100 percent of the eligible household’s monthly rent. (g) (1) When a landlord or tenant submits a completed application, grantees shall provide notification to the respective parties included in the application. (2) Upon approval of payment for a landlord or tenant application, as applicable, grantees shall provide notification to the respective parties included in the application. (h) (1) Assistance provided under this chapter shall be provided to eligible households or, if applicable, to landlords on behalf of eligible households that are currently housed and occupying the residential unit for which the assistance is requested at the time of the application. (2) (A) Notwithstanding paragraph (1), eligible households that no longer occupy the residential unit with respect to which rental assistance has been requested and have demonstrated rental arrears shall be eligible for assistance. (B) (i) Subject to clause (ii), assistance provided pursuant to this paragraph shall be prioritized to participating landlords. (ii) If the landlord does not participate, payments may be provided directly to the eligible household if the eligible household provides any amount received for rental assistance to the landlord. A member of the eligible household shall attest under penalty of perjury that the household will comply with the requirements of this clause. (C) It is the intent of the Legislature for grantees to exercise maximum discretion within the limitations of federal law and guidance to establish eligibility and documentation requirements for households no longer occupying the unit in question to ensure funds administered pursuant to this paragraph are deployed in a streamlined manner. (D) A payment made directly to a participating landlord pursuant to this paragraph shall be considered as payment in full and shall include the landlord’s agreement to release any and all claims for nonpayment of rental debt owed for the specified time period, including a claim for unlawful detainer pursuant to paragraphs (2) and (3) of Section 1161 of the Code of Civil Procedure. (i) For purposes of the protections against housing discrimination provided under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), assistance provided under this chapter shall be deemed to be a “source of income,” as that term is defined in subdivision (i) of Section 12927 of the Government Code. (j) (1) Notwithstanding any other law, except as otherwise provided in subdivision (i), assistance provided to an eligible household for a payment as provided in this chapter or as provided as a direct allocation to grantees from the Secretary of the Treasury pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) or Section 3201 of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2) shall not be deemed to be income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or used to determine the eligibility of an eligible household, or any member of an eligible household, for any state program or local program financed wholly or in part by state funds. (2) Notwithstanding any other law, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, gross income shall not include a tenant’s rent liability that is forgiven by a landlord as provided in this chapter or as rent forgiveness provided through funds grantees received as a direct allocation from the Secretary of the Treasury pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) or Section 3201 of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2). (k) (1) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to carry out the purposes of this chapter, including guidelines regarding the administration of federal rental assistance funds received under Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) or the administration of federal rental assistance funds received under Section 3201 of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2) that are consistent with the requirements of that federal law and any regulations promulgated pursuant to that federal law. (2) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (l) Any interest that the state, a grantee, or, if applicable, the program implementer derives from the deposit of funds made available pursuant to this chapter or pursuant to subdivision (e) of Section 925.6 of the Government Code shall be used to provide additional assistance under this chapter. (m) Upon notification from the Director of Finance to the Joint Legislative Budget Committee that additional federal rental assistance resources have been obtained, that assistance may be deployed in a manner consistent with this chapter. Any statutory provision established by subsequent federal law specific to the administration of those additional resources shall supersede the provisions contained in this chapter to the extent that there is a conflict between those federal statutory provisions and this chapter. To implement future federal rental assistance, the department shall make corresponding programmatic changes to effectuate the program in compliance with federal law. (n) Notwithstanding any other law, a third party shall be prohibited from receiving compensation for services provided to an eligible household in applying for or receiving assistance under this chapter, except that this prohibition shall not apply to any contracted entity that renders those services upon the express authorization by the department, the program implementer, or a grantee. (o) Assistance provided under this chapter shall include a receipt that provides confirmation of payment that has been made. The receipt shall include, but not be limited to, the amount of payment or forgiveness, as applicable, and the time period for which assistance was provided. The receipt shall be provided to both the eligible household and the landlord. (p) (1) The department, program implementer, or grantee, as applicable, that has completed rental assistance payments subject to the provisions of this section, as amended by Chapter 5 of the Statutes of 2021, shall provide additional assistance to previous recipients so that total assistance provided is equivalent to 100 percent of an eligible household’s rental arrears or prospective rent for the period originally requested, as applicable. (2) To make payments pursuant to this subdivision in a timely manner, additional assistance shall be executed without the counter signature from the eligible household or landlord. (q) A grantee may request a change to its administrative option as provided in Round 1 or Round 2, as applicable, subject to the approval of the department. (r) (1) A grantee that receives funds and administer rental assistance programs pursuant to this chapter shall meet the requirements of Chapter 6 (commencing with Section 1179.08) of Title 3 of Part 3 of the Code of Civil Procedure. (2) A grantee shall provide notification to the landlord and tenant when either the landlord or the tenant submits a completed application for rental assistance. (3) A grantee shall provide notification to the landlord and tenant once a final decision has been rendered. The notification shall include the total amount of assistance paid and the time period for which assistance was provided, as applicable. (4) Failure to comply with the requirements of this subdivision may result in the grantee’s share of funds received from the state pursuant to Section 50897.2 or 50897.2.1 reverted to the department for reallocation at the department’s discretion. (s) For purposes of this section: (1) “Rental debt” includes rent, fees, interest, or any other financial obligation under a lease for use and occupancy of the leased premises, but does not include liability for torts or damage to the property beyond ordinary wear and tear. (2) “Specified time period” means the period of time for which payment is provided, as specified in the agreement entered into with the landlord. (Amended by Stats. 2022, Ch. 28, Sec. 102. (SB 1380) Effective January 1, 2023.)
  54. 50897.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section sets who may get block grant funds, what they must do to receive and use them, and the key deadlines for requesting, obligating, and distributing the 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.2. (a) (1) A grantee that has a population of 500,000 or greater shall be eligible to receive a block grant allocation from the department. (2) A grantee with a population of 499,999 or less, but greater than 200,000, may request an allocation of block grant funds pursuant to this section, in the form and manner prescribed by the department. The department shall grant a request for an allocation of block grant funds pursuant to this paragraph if the grantee attests and, in the department’s judgment, demonstrates that it has established a program consistent with the requirements of this chapter and has the capability to implement the resources provided in accordance with applicable state and federal law, including this chapter and Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (3) A grantee that is not eligible for, or does not receive, an allocation of block grant funds pursuant to this section shall receive its proportionate share of funds in accordance with the state reservation table, as provided in Section 50897.3. (4) A grantee that receives a block grant pursuant to this section shall attest to the department, in the form and manner prescribed by the department, that it will distribute assistance equitably and consistent with demonstrated need within the jurisdiction. (5) To receive funds pursuant to this section, an applicant shall agree to utilize its direct allocation of assistance from the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) in a manner consistent with this chapter. Refusal to comply with this paragraph shall result in the applicant being prohibited from receiving state block grant funds and may result in the department recouping block grant funds that are spent in a manner inconsistent with this chapter. (6) A grantee that receives funds pursuant to this section shall not institute additional programmatic requirements that may inhibit participation in the rental assistance program. (7) A grantee that applies for assistance under this section may apply for an award allocation through an authorized representative, without its legislative body expressly adopting an ordinance or resolution authorizing that application, provided that it later authorizes a representative of the eligible grantee with legal authority to bind the eligible grantee to the terms and conditions of the award before executing the agreement with the department. (8) The department shall allocate all funds made available for purposes of this section, in consultation with the Department of Finance. The initial allocation shall be completed and shared no later than February 19, 2021. (b) Block grant funds allocated pursuant to this section shall be used for those eligible uses and compensation requirements specified in, and subject to the applicable requirements of, Section 50897.1. (c) The deadlines for the allocation and use of block grant funds pursuant to this section shall be as follows: (1) A grantee shall request that allocation from the department no later than February 12, 2021. If a grantee fails to request the allocation by that date, the moneys that would have otherwise been allocated to that grantee shall instead be used to provide assistance in accordance with Section 50897.3. (2) A grantee that receives block grant funds under this section shall contractually obligate at least 65 percent of those funds by August 1, 2021. (d) (1) (A) Subject to subparagraph (B), if a grantee that receives block grant funds under this section fails to contractually obligate the minimum amount of those funds by the deadline specified in paragraph (2) of subdivision (c), the grantee shall repay to the department any unused amount of block grant funds allocated to it not contractually obligated or expended. (B) The department may waive the requirement to repay funds pursuant to subparagraph (A) if the grantee demonstrates, to the satisfaction of the department, that it will contractually obligate and expend any unused block grant funds allocated to it within the timeframes specified in federal law. (2) The department may reallocate any funds repaid pursuant to paragraph (1) for purposes of this section. In reallocating those funds, the department shall prioritize allocating additional funding to grantees based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (e) A grantee participating in the program pursuant to this section shall enter into a standard regulatory agreement with the department that includes terms and conditions consistent with the requirements set forth in this section. (f) A grantee that receives an allocation of block grant funds pursuant to this section shall be solely responsible for compliance with all applicable management, implementation, and reporting requirements established under state and federal law. (g) The requirements of this section shall apply only to the administration of Round 1 funds. (Amended by Stats. 2021, Ch. 27, Sec. 23. (AB 832) Effective June 28, 2021.)
  55. 50897.2.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section sets rules for who may receive rental-assistance block grant funds, how they must use them, and several deadlines and compliance 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.2.1. (a) (1) A grantee that has a population of 500,000 or greater shall be eligible to receive a block grant allocation from the department. (2) A grantee with a population of 499,999 or less, but greater than 200,000, may request an allocation of block grant funds pursuant to this section, in the form and manner prescribed by the department. The department shall grant a request for an allocation of block grant funds pursuant to this paragraph if the grantee attests and, in the department’s judgment, demonstrates that it has established a program consistent with the requirements of this chapter and has the capability to implement the resources provided in accordance with applicable state and federal law, including this chapter and Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (3) A grantee that is not eligible for, or does not receive, an allocation of block grant funds pursuant to this section shall receive its proportionate share of funds in accordance with the state reservation table, and those funds shall be administered as provided in Section 50897.3.1. (4) A grantee that receives a block grant pursuant to this section shall attest to the department, in the form and manner prescribed by the department, that it will distribute assistance equitably and consistent with demonstrated need within the jurisdiction. (5) To receive funds pursuant to this section, an applicant shall agree to utilize its assistance made available from the Secretary of the Treasury pursuant to Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) in a manner consistent with this chapter. Refusal to comply with this paragraph shall result in the applicant being prohibited from receiving state block grant funds and may result in the department recouping block grant funds that are spent in a manner inconsistent with this chapter. (6) A grantee that receives funds pursuant to this section shall not institute additional programmatic requirements that may inhibit participation in the rental assistance program. (7) A grantee that applies for assistance under this section may apply for an award allocation through an authorized representative, without its legislative body expressly adopting an ordinance or resolution authorizing that application, if it later authorizes a representative of the eligible grantee with legal authority to bind the eligible grantee to the terms and conditions of the award before executing the agreement with the department. (b) Block grant funds allocated pursuant to this section shall be used for those eligible uses and compensation requirements specified in, and subject to the applicable requirements of, Section 50897.1 and, upon approval by the department, other eligible uses provided in Section 3201(d)(1)(D) of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (c) The deadlines for the allocation and use of block grant funds pursuant to this section shall be as follows: (1) A grantee shall request that allocation from the department no later than 30 calendar days after the operative date of this section. If a grantee fails to request the allocation by that date, the moneys that would have otherwise been allocated to that grantee shall instead be used to provide assistance in accordance with Section 50897.3.1. (2) An Option B grantee that receives block grant funds under this section shall contractually obligate at least 75 percent of its first tranche of state funds by October 31, 2021. (3) An Option B grantee that receives block grant funds under this section shall contractually obligate 50 percent of its total share of state funds by January 31, 2022. (d) (1) (A) Subject to subparagraph (B), if a grantee that receives block grant funds under this section fails to contractually obligate the minimum amount of those funds by the deadline specified in paragraph (2) of subdivision (c), or to obligate the full amount of that allocation by the deadline specified in paragraph (3) of subdivision (c), the grantee shall repay to the department any unused amount of block grant funds allocated to it not contractually obligated or expended. (B) The department may waive the requirement to repay funds pursuant to subparagraph (A) if the grantee demonstrates, to the satisfaction of the department, that it will contractually obligate and expend any unused block grant funds allocated to it within the timeframes specified in federal law. (2) The department may reallocate any funds repaid pursuant to paragraph (1) for purposes of this section. In reallocating those funds, the department shall allocate funding to grantees based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (e) A grantee participating in the program pursuant to this section shall enter into a standard regulatory agreement with the department that includes terms and conditions consistent with the requirements of this section. (f) An Option B grantee shall be solely responsible for compliance with all applicable management, implementation, and reporting requirements established under state and federal law. (g) The requirements of this section shall apply only to the administration of Round 2 funds. (Added by Stats. 2021, Ch. 27, Sec. 24. (AB 832) Effective June 28, 2021.)
  56. 50897.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section lets the department use vendors and contractors to run emergency rental assistance, and it sets operational, data-sharing, funding, and landlord-verification 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.3. (a) (1) (A) The department may contract with a vendor to serve as the program implementer to manage and fund services and distribute emergency rental assistance resources pursuant to this section. A vendor selected to serve as program implementer shall demonstrate sufficient capacity and experience to administer a program of this scope and scale. (B) The program implementer shall have existing relationships with community-level partners to ensure all regional geographies and target communities throughout the state have access to the program. (C) (i) The program implementer shall have the technological capacity to develop and to implement a central technology-driven application portal and system that serves landlords and tenants, has mobile and multilanguage capabilities, and allows an applicant track the status of their application. The application system shall have the capacity to handle the volume of expected use without disruption. (ii) The system shall begin accepting applications no later than March 15, 2021 and be available 24 hours a day, seven days a week, with 99 percent planned uptime rating. (iii) The system shall support, at minimum, a database of 1,000,000 application records. (iv) The system shall support at minimum 20,000 concurrent full-access users, allowing users to create, read, update and delete transactions based upon their user role. (D) (i) The program implementer shall demonstrate experience with developing and managing direct payment or grant programs, or direct payment and grant programs, including, but not limited to, program and application development, outreach and marketing, translation and interpretation, fraud protections and approval processes, secure disbursement, prioritizing the use of direct deposit, customer service, compliance, and reporting. (ii) The program interface shall include, but not be limited to, the following: (I) Capability such that either the landlord or the tenant may initiate an application for assistance and that both parties are made aware of the opportunity to participate in the rental assistance program and accept the program parameters. (II) Appropriate notifications to ensure that both parties understand that rental assistance is awarded in rounds of funding based on eligibility and that the eligible household is reminded that payment is ultimately being provided directly to the landlord, but the payment will directly address the eligible household’s rental arrears or prospective rent, as applicable. (III) Notification to both parties, including the landlord and the eligible household, respectively, of the initiation and completion of the application process, whether the process is initiated by the landlord or the eligible household. Upon payment, the program implementer shall provide an electronic record that payment has been made and keep all records available for the duration of the program, or as otherwise provided under state or federal law. (E) The program implementer shall be able to manage a technology-driven duplication of benefits process in compliance with federal law. (F) The program implementer shall comply with all state protections related to the use of personally identifiable information, including providing any necessary disclosures and assuring the secure storage of any personally identifiable information generated, as part of the application process. (G) The program implementer shall coordinate its program activities with education and outreach contractors and any affiliated service or technical assistance providers, including those that reach non-English speaking and hard-to-reach households, with considerations for racial equity and traditionally underserved populations. (2) The department may establish a contract with one or more education and outreach contractors to conduct a multilingual statewide campaign to promote program participation and accessibility. (3) In accordance with paragraphs (1) and (2), the department shall seek contracted solutions that minimize total administrative costs, such that savings may be reallocated for use as direct assistance. (4) The department may receive rental assistance program funding from localities or federally recognized tribes to administer on their behalf in a manner consistent with this chapter. (b) (1) (A) A county with a population less than or equal to 200,000 and any grantee that is eligible for, but did not receive, a direct allocation of assistance from the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) shall receive assistance pursuant to the state reservation table, to be administered in accordance with this section. (B) A grantee that was eligible for, but did not receive, a direct allocation of assistance from the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) and was eligible for, but did not receive, block grant assistance under Section 50897.2 shall receive its proportionate share of assistance, as determined by the state reservation table, to be administered in accordance with this section. (2) (A) A grantee that was eligible for, but did not receive, block grant funds pursuant to Section 50897.2, and has elected to administer its direct share of assistance provided under Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260), shall have its proportionate share of block grant funds administered pursuant to this section. (B) (i) To minimize legal liability and potential noncompliance with federal law, specifically those violations described in Section 501(k)(3)(B) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260), the department, or, if applicable, the program implementer, shall request that grantees described in this paragraph enter into a data sharing agreement for the purpose of preventing unlawful duplication of rental assistance to eligible households. (ii) Notwithstanding any other law, a grantee that enters into a data sharing agreement required by this subparagraph may disclose personally identifying information of rental assistance applicants to the department or the program implementer for the purposes described in this subparagraph. (iii) A grantee described by clause (ii) shall provide all applicable data, as determined by the department, before the department or program implementer begins administering funds within the grantee’s jurisdiction. (C) Except as otherwise provided in subparagraph (B), a grantee that is subject to assistance provided under this paragraph and received a direct allocation from the Secretary of the Treasury pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) shall not be eligible for administrative and technical assistance provided by the department, including, but not limited to, support for long-term monitoring and reporting. (D) The state, the department, or the program implementer acting on behalf of the department, shall be indemnified from liability in the administration of assistance pursuant to this paragraph, specifically any violation described in Section 501(k)(3)(B) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (3) To the extent permitted by federal law, a grantee that elects to participate in the program as provided in this section, and that received rental assistance funding directly from the Secretary of the Treasury pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260), shall add those funds received directly from the Secretary of the Treasury and any share of rental assistance funding provided pursuant to Section 50897.2 to the funds allocated to it pursuant to this section. Except as otherwise provided in paragraph (1) of subdivision (d), the total amount of funds described in this subparagraph shall be used by the grantee in accordance with this section. Participation shall be conditioned upon having an executed standard agreement with the Department. (4) To the extent permitted by federal law, a federally recognized tribe that receives rental assistance funds directly from the Secretary of the Treasury pursuant to Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) may add its direct federal allocation of funds to be administered pursuant to this section. Participation shall be conditioned upon having an executed standard agreement with the department. (c) Funds allocated pursuant to this section shall be used for those eligible uses specified in, and subject to the applicable requirements of, Section 50897.1. (d) (1) Except as otherwise provided in paragraph (3), a grantee that receives funds pursuant to this section shall contractually obligate 65 percent of those funds no later than August 1, 2021. The department may, in its discretion, reallocate any funds allocated to a grantee that are not contractually obligated by that date to other grantees based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (2) Funds administered on behalf of a federally recognized tribe as provided in paragraph (4) of subdivision (b) are not subject to the requirements of this subdivision. (e) (1) In any legal action to recover rent or other financial obligations under the lease that accrued between April 1, 2020, and September 30, 2021, before entry of any judgment in the plaintiff’s favor, the plaintiff shall verify both of the following under penalty of perjury: (A) The landlord has not received rental assistance or other financial compensation from any other source corresponding to the amount claimed. (B) The landlord does not have any pending application for rental assistance or other financial compensation from any other source corresponding to the amount claimed. (2) In any unlawful detainer action seeking possession of residential rental property based on nonpayment of rent or any other financial obligation under the lease, the court shall not enter a judgment in favor of the landlord unless the landlord verifies all of the following under penalty of perjury: (A) That the landlord has not received rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint. (B) That the landlord has not received rental assistance or other financial compensation from any other source for rent accruing after the date of the notice underlying the complaint. (C) That the landlord does not have any pending application for rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint. (D) That the landlord does not have any pending application for rental assistance or other financial compensation from any other sources for rent accruing after the date of the notice underlying the complaint. (f) Notwithstanding any other state or local law, policy, or ordinance, for purposes of ensuring the timely implementation of resources pursuant to this section a grantee that has a population greater than 200,000 may enter into an agreement with the department to have its share of funds administered pursuant to this section by the department and may redirect those funds to the department for that purpose. (g) (1) Except as provided in paragraph (2), the requirements of this section shall apply only to the administration of Round 1 funds. (2) Subdivision (e) shall apply to the administration of Round 1 and Round 2 funds. (Amended by Stats. 2021, Ch. 27, Sec. 25. (AB 832) Effective June 28, 2021.)
  57. 50897.3.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

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    This section lets the department run the rental assistance program through contractors and sets conditions for how grantees and tribes receive and use 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.3.1. (a) (1) The department may contract with a vendor to serve as the program implementer to manage and fund services and distribute emergency rental assistance resources pursuant to this section and consistent with the requirements of Section 50897.3. (2) The department may establish a contract with one or more education and outreach contractors to conduct a multilingual statewide campaign to promote program participation and accessibility. (3) In accordance with paragraphs (1) and (2), the department shall seek contracted solutions that minimize total administrative costs so that savings may be reallocated for use as direct assistance. (4) The department may receive rental assistance program funding from localities or federally recognized tribes to administer on their behalf in a manner consistent with this chapter. (b) (1) (A) A county with a population less than or equal to 200,000 and any grantee that is eligible for, but did not receive, a direct allocation of assistance from the Secretary of the Treasury pursuant to Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) shall receive assistance pursuant to the state reservation table to be administered pursuant to this section. (B) A grantee that was eligible for, but did not receive, a direct allocation of assistance from the Secretary of the Treasury pursuant to Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) and was eligible for, but did not receive, block grant assistance under Section 50897.2.1 shall receive its proportionate share of assistance pursuant to the state reservation table to be administered pursuant to this section. (2) (A) A grantee that was eligible for, but did not receive, block grant funds pursuant to Section 50897.2.1 and has elected to administer its direct share of assistance provided under Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) shall have its proportionate share of block grant funds administered pursuant to this section. (B) (i) To minimize legal liability and potential noncompliance with federal law, specifically those violations described in Section 501(k)(3)(B) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260), the department, or, if applicable, the program implementer, shall request that Option C grantees enter into a data sharing agreement for the purpose of preventing unlawful duplication of rental assistance to eligible households. (ii) Notwithstanding any other law, an Option C grantee that enters into a data sharing agreement as pursuant to this subparagraph may disclose personally identifying information of rental assistance applicants to the department or the program implementer for the purposes described in this subparagraph. (iii) An Option C grantee described in clause (ii) shall provide all applicable data information, as determined by the department, before when the department, or program implementer, begins administering funds within the grantee jurisdiction. (C) Except as otherwise provided in subparagraph (B), an Option C grantee shall not be eligible for administrative and technical assistance provided by the department, including, but not limited to, support for long-term monitoring and reporting. (D) The state, the department, or the program implementer acting on behalf of the department shall be indemnified from liability in the administration of assistance pursuant to this paragraph, specifically with respect to a violation described in Section 501(k)(3)(B) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). (E) (i) An Option C grantee shall not be eligible to have assistance administered on its behalf if the department determines the structure of the grantee’s local rental assistance program would put the state’s share of funds at risk of being recouped by the United States Treasury pursuant to Section 3201(e) of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (ii) If, within 90 days of the effective date of this section, the department determines that an Option C grantee cannot satisfy the requirements of this subparagraph, the grantee’s share of state funds shall be reallocated by the department to grantees based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (iii) Option C grantees that have funds reallocated pursuant to clause (i) may be eligible to receive funds, up to their total share of the state reservation table, upon demonstrating to the department the grantee has unmet need and funds would not be at risk of being recouped by the United States Treasury pursuant to Section 3201(e) of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (3) To the extent permitted by federal law, a grantee that elects to participate in the program as provided in this section and that received rental assistance funding directly from the Secretary of the Treasury pursuant to Section 3201 of Subtitle B of Title III of the American Rescue Plan Act of 2021 (Public Law 117-2) shall add those funds received directly from the Secretary of the Treasury and any share of rental assistance funding provided pursuant to Section 50897.2.1 to the funds allocated to it pursuant to this section. Except as provided in paragraph (1) of subdivision (d), the total amount of funds described in this paragraph shall be used by the grantee in accordance with this section. Participation shall be conditioned upon having an executed standard agreement with the department. (4) To the extent permitted by federal law, a federally recognized tribe that receives rental assistance funds directly from the Secretary of the Treasury pursuant to Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2) may add its direct federal allocation of funds to be administered pursuant to this section. Participation shall be conditioned upon having an executed standard agreement with the department. (c) Funds allocated pursuant to this section shall be used for those eligible uses specified in and subject to the applicable requirements of Section 50897.1 and other eligible uses provided in Section 3201(d)(1)(D) of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2). (d) A grantee that receives funds administered pursuant to this section shall contractually obligate those funds as follows: (1) (A) A grantee participating in the state rental assistance program pursuant to Option A shall contractually obligate at least 75 percent of its first tranche of state funds by October 31, 2021. (B) A grantee participating in the state rental assistance program pursuant to Option A shall contractually obligate at least 50 percent of its total share of state funds by January 31, 2022. (2) (A) A grantee participating in the state rental assistance program pursuant to Option C shall contractually obligate at least 75 percent of its first tranche of state funds by October 31, 2021. (B) A grantee participating in the state rental assistance program pursuant to Option C shall contractually obligate at least 50 percent of its total share of state funds by January 31, 2022. (3) In reallocating funds pursuant to this subdivision, the department or, if applicable, the program implementer acting on behalf of the department, shall allocate unused funds to eligible grantees based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures. (4) Funds administered on behalf of a federally recognized tribe, pursuant to paragraph (4) of subdivision (b), are not subject to the requirements of this subdivision. (e) Notwithstanding any other law, for purposes of ensuring the timely implementation of resources pursuant to this section, a grantee that has a population greater than 200,000 may enter into an agreement with the department to have its share of funds administered pursuant to this section by the department and may redirect those funds to the department for that purpose. (f) The requirements of this section shall apply only to the administration of Round 2 funds. (Added by Stats. 2021, Ch. 27, Sec. 26. (AB 832) Effective June 28, 2021.)
  58. 50897.4.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

    Verify source ↗

    Grantees must give the department required performance and other information, avoid duplicative rental assistance where feasible, and the department must send monthly program reports to the Joint Legislative Budget 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.4. (a) Each Round 1 and Round 2 grantee shall provide to the department information relating to all applicable performance metrics, as determined by the department. (b) Funds provided to a grantee under this chapter shall be subject to the same reporting and verification requirements specified in Section 501(g) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260). The grantee shall, in addition, provide any other information that the department deems necessary for purposes of this chapter, including, but not limited to, weekly funding obligation, expenditure, and projection reports. (c) To the extent feasible, each grantee shall ensure that any assistance provided to an eligible household under this chapter is not duplicative of any other state–funded rental assistance provided to that eligible household. (d) (1) The department shall submit to the Joint Legislative Budget Committee, on a monthly basis for the duration of the program, a report that provides programmatic performance metrics for funds administered pursuant to this chapter. The report shall include, at minimum, the following information: (A) Obligation of funds for assistance provided under this chapter. (B) Expenditure of funds for assistance provided under this chapter. (C) Expenditure by eligible uses for assistance provided pursuant to this chapter. (D) Reallocation of funds, if any, for assistance provided pursuant to this chapter. (E) Geographic distribution of funds provided pursuant to Section 50897.3. (F) For the first monthly report submitted pursuant to this section only, an overview of which jurisdictions have elected to participate in the state rental assistance programs as provided in Sections 50897.2 and 50897.3, respectively. (2) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 27, Sec. 27. (AB 832) Effective June 28, 2021.)
  59. 50897.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

    Verify source ↗

    The section appropriates $1.5 billion for the state rental assistance program and allows the department to use up to 10% of those funds for administration.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.5. (a) (1) Item 2240-102-0890 of the Budget Act of 2020, appropriated to the Department of Housing and Community Development, is hereby augmented by appropriating the sum of one billion five hundred million dollars ($1,500,000,000) from the Federal Trust Fund for the purposes of implementing the state rental assistance program provided under this chapter. (2) The amount appropriated in paragraph (1) may be adjusted in accordance with additional funding the state receives for the rental assistance program in accordance with paragraphs (3) and (4) of subdivision (b) of Section 50897.3. (b) The department may expend up to 10 percent of the funds appropriated pursuant to this section for the costs of administering the state rental assistance program in accordance with this chapter. (Added by Stats. 2021, Ch. 2, Sec. 24. (SB 91) Effective January 29, 2021.)
  60. 50897.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. )

    Verify source ↗

    The Legislature says the state should closely monitor how chapter funds are used.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 17. State Rental Assistance Program [50897 - 50897.6] ( Chapter 17 added by Stats. 2021, Ch. 2, Sec. 24. ) ## 50897.6. It is the intent of the Legislature that the state closely monitor the usage of funding pursuant to this chapter to ensure that the program is stabilizing households and preventing evictions. (Added by Stats. 2021, Ch. 2, Sec. 24. (SB 91) Effective January 29, 2021.)
  61. 50898.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. )

    Verify source ↗

    The Legislature states that revitalizing downtown areas is important and that adding housing, including near transit corridors, can help workers live closer to work and reduce traffic and pollution.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. ) ## 50898. The Legislature finds and declares all of the following: (a) As California moves into the next century, revitalization of our downtown areas is of vital importance to every community in our state. (b) Downtown areas generally represent urban cores that are deficient in housing that is critical to revitalization. (c) Providing additional housing in downtown areas will allow workers to live closer to their place of employment and minimize the number of workers commuting from other areas. (d) Downtown areas frequently have many older, underutilized commercial buildings that are well suited for residential, live-work, and mixed residential and commercial use. (e) The development of projects that are in close proximity to transit corridors allows the workforce to use mass transit to commute to work and minimizes the use of private vehicles, easing traffic congestion and wear on our highways, and serves to improve air quality. (Added by Stats. 2000, Ch. 83, Sec. 1. Effective January 1, 2001.)
  62. 50898.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. )

    Verify source ↗

    The department must distribute chapter funds under the cited program rules, and the subdivision (b) funds must be used for planning grants to local governments.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. ) ## 50898.1. (a) With the exception of funds allocated for purposes of subdivision (b), funds appropriated for the purposes of this chapter shall be distributed by the department pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2, and shall be used for downtown rebound projects to promote sustainable communities. These projects shall include residential infill projects, the adaptive reuse of vacant or underused commercial or industrial structures, and the development of higher density housing adjacent to existing or planned mass transit stations, as follows: (1) Development projects in which vacant sites, or sites that are scheduled to become vacant, and are located within an established developed area of a community, are used for multifamily rental housing in conjunction with higher densities and flexible development standards that demonstrably reduce infrastructure costs and environmental consequences. (2) Development projects rehabilitating existing commercial or industrial buildings that are at least 30 percent vacant that will result in at least 40 percent of the building floor area being used for residential dwelling units, live-work units, or both. (3) Rental housing developments located within one-quarter mile of an existing or planned major transit node that are developed at a density level that meets or exceeds density standards to be developed by the department. A major transit node is a site where two or more mass transit modes, or one transit mode with three or more mass transit lines, are accessible to the public. Priority shall be given to projects developed within walking distance of schools, major employment centers, or public amenities, including shopping, parks, and major entertainment venues. (b) Funds allocated for purposes of this subdivision shall be used for planning grants to local governments for either of the following purposes: (1) Facilitating infill housing through developing site inventories, project specific feasibility studies, and strategic action plans to remove barriers and promote infill housing, mixed-use developments, and transit corridor development. (2) Facilitating updates of general plans and zoning ordinances to encourage adaptive reuse, higher density residential development, mixed-use development, and residential development located within walking distance of schools, shopping, transit nodes, and major employment centers. (3) Assisting owners of qualified buildings in obtaining seismic and structural feasibility studies specifically related to the purpose of adaptive reuse. (Added by Stats. 2000, Ch. 83, Sec. 1. Effective January 1, 2001.)
  63. 50898.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. )

    Verify source ↗

    This section exempts certain Downtown Rebound Program funds from one state administrative procedure, lets the department use up to 5% for administration, and sets loan, grant, income, affordability, and prevailing wage conditions for funded projects.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 18. Downtown Rebound Program [50898 - 50898.2] ( Chapter 18 added by Stats. 2000, Ch. 83, Sec. 1. ) ## 50898.2. (a) Funds awarded pursuant to Item 2240-107-0001 of Section 2.00 of the Budget Act of 2000 for the purposes of the Downtown Rebound Program established pursuant to this chapter shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (b) The department may use up to 5 percent of the amounts appropriated for this program for administration. (c) With respect to the appropriation in Item 2240-107-0001 of Section 2.00 of the Budget Act of 2000 for the Downtown Rebound Program established pursuant to this chapter, the following provisions shall apply: (1) Seventy-six percent of that appropriation shall be used by the department for the purpose of making loans to project sponsors for the adaptive reuse of vacant or underused commercial or industrial structures into residential rental housing units for initial rental to households having an income not exceeding 150 percent of the area median income. Each project shall be located within an elementary school attendance boundary where 50 percent or more of the students are eligible for free meals under the federal school lunch program, as determined by the local school district at the time of application to the Downtown Rebound Program. Each project shall also be subject to the following restrictions: (A) Loans for units not subject to subparagraph (D) shall be at 5 percent simple interest. Loans for units subject to subparagraph (D) shall be at 3 percent simple interest. All principal and interest shall be due and payable in 20 years. (B) Assistance for units not subject to subparagraph (D) shall not exceed thirty-five thousand dollars ($35,000) per unit. Assistance for units subject to subparagraph (D) shall not exceed fifty-five thousand dollars ($55,000) per unit. (C) The amount of the loan, in combination with all debt recorded in a senior position to the loan, shall not exceed 90 percent of the appraised after-rehabilitation value of the security for the loan. (D) Twenty percent of the units in the project shall be reserved for households having an income equal to 50 percent or less of the area median income, or 40 percent of the units shall be reserved for households having an income equal to 60 percent or less of the area median income. The department shall ensure the continued affordability of all units designated by the sponsor to fulfill these requirements for a period of 20 years. However, notwithstanding subparagraph (A), if assistance is provided for these units through any program funded through Chapter 6.7 (commencing with Section 50675) of Part 2, the units shall be subject to the use restrictions, limitations, and provisions contained in that chapter. These units shall be reasonably distributed within each building contained in the project, with no less than 10 percent of the units in each building fulfilling the requirements of this subdivision. (E) The sponsor shall agree to the payment of prevailing wage rates with respect to construction assisted through the program. In implementing this subparagraph, it is the intent of the Legislature that this requirement apply to construction work that is dependent on the commitment of program funds in order for construction to proceed. Notwithstanding any other provision of law, the department’s enforcement responsibilities shall be limited to the imposition of this requirement through the lending documents. The department shall require, as a condition of loan closing, a signed certificate that prevailing wages have been, or will be, paid in conformance with the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of the Labor Code and that labor records shall be made available to any enforcement agency upon request. (2) Two million four hundred thousand dollars ($2,400,000) of that appropriation shall be used by the department for planning grants as specified in subdivision (b) of Section 50898.1. (3) The balance of that appropriation shall be available for uses authorized by subdivision (a) of Section 50898.1. (Amended by Stats. 2001, Ch. 3, Sec. 1. Effective March 29, 2001.)
  64. 50899.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    This chapter may be cited as the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.1. This chapter may be cited as the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program. (Amended by Stats. 2022, Ch. 70, Sec. 36. (SB 197) Effective June 30, 2022.)
  65. 50899.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    The California Department of Housing and Community Development must administer the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.2. The California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program shall be administered by the California Department of Housing and Community Development. (Amended by Stats. 2022, Ch. 70, Sec. 37. (SB 197) Effective June 30, 2022.)
  66. 50899.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    This section defines key terms used throughout 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.3. The following definitions shall apply to all activities conducted pursuant to this chapter: (a) “Department” means the California Department of Housing and Community Development. (b) “Homelessness” means the same as defined by the United States Department of Housing and Urban Development in the federal Emergency Solutions Grants Program at Section 576.2 of Title 24 of the Code of Federal Regulations. (c) “Continuum of care” means the same as defined by the United States Department of Housing and Urban Development at Section 586.2 of Title 24 of the Code of Federal Regulations. (d) “Continuum of care service area” means the entire geographic area within the boundaries of a continuum of care. (e) “Subrecipient” means an entity that enters into a written agreement with the department to implement activities pursuant to this chapter. (f) “California ESG Regulations” means the regulations set forth in Section 8400 and following of Title 25 of the California Code of Regulations, pertaining to the administration of the Federal Emergency Shelter Grants Program. (g) “Federal ESG Program” means collectively the California ESG Regulations, or the California ESG Guidelines adopted pursuant to this chapter, or both, and the federal laws in connection with which the California ESG Regulations were adopted, including Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. Secs. 11371-11378, incl.), and any amendments thereto, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 (42 U.S.C. Secs. 11302-11304, incl. and 11360-11378, incl.), and any amendments and any implementing federal regulations thereto. (Amended by Stats. 2022, Ch. 70, Sec. 38. (SB 197) Effective June 30, 2022.)
  67. 50899.4.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    State and federal ESG funding may be made available to the department upon appropriation, and the department must make grants to qualifying subrecipients for homelessness-related activities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.4. Funding for the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program shall be made available upon appropriation to the department for the purpose of addressing the crisis of homelessness in California. In furtherance of this purpose, the department shall make grants to qualifying subrecipients throughout the state to implement activities that address the needs of homeless individuals and families and assist them to regain stability in permanent housing as quickly as possible. Funded activities may include without limitation activities eligible under the Federal ESG Program, including (a) engaging homeless individuals and families living on the street; (b) operating homeless shelters and providing essential services to shelter residents; (c) rapidly rehousing homeless individuals and families; and (d) preventing families and individuals from becoming homeless. In addition, the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program may facilitate technical assistance activities to improve the capacity of subrecipients and the continuum of care to end homelessness. The department may accept funding for the Federal ESG Program made available by the United States Department of Housing and Urban Development pursuant to federal regulations and California guidelines. (Amended by Stats. 2022, Ch. 70, Sec. 39. (SB 197) Effective June 30, 2022.)
  68. 50899.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    The department must use chapter funds for the chapter’s purposes and keep administrative expenses at or below 5 percent. It may also set aside limited additional amounts for technical assistance and certain subrecipients’ general 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.5. Any moneys appropriated and made available for the purposes of this chapter, and all moneys received by the department pursuant to this chapter, shall be used for the purposes of this chapter, including the administration of the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program. The administrative expenses of the department in administering the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program shall not exceed 5 percent of the funds appropriated for the purposes of this chapter. Notwithstanding any other provision of law, the department may provide an additional amount, not to exceed 5 percent of the moneys appropriated and made available for the purposes of this chapter, for technical assistance to subrecipients and continuums of care to develop, implement, carry out, or improve implementation of activities pursuant to this chapter. Notwithstanding any other provision of law, the department may also allocate an amount, not to exceed 5 percent of the funding provided to a subrecipient, for the general administration costs of those subrecipients that are cities, counties, or other political subdivisions of the State of California, in furthering the purposes of this chapter. Administrative funding for the Federal ESG Program shall be in accordance with federal regulations. (Amended by Stats. 2022, Ch. 70, Sec. 40. (SB 197) Effective June 30, 2022.)
  69. 50899.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    The department must generally administer the California and Federal Emergency Solutions Grants programs consistently with the Federal ESG Program, but it may make different administration choices and modifications when 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 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.6. The California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program generally will be administered by the department in a manner consistent with the Federal ESG Program. However, the department may administer the California Emergency Solutions Grants Program differently from the Federal ESG Program, and include such modifications as the department may determine are necessary to address the purposes of this chapter or to improve the effectiveness or efficiency of the California Emergency Solutions Grants Program and the Federal Emergency Solutions Grants Program, including but not limited to: (a) The participation of all continuum of care service areas within California, using a formula distribution that reflects the entire continuum of care service area. (b) The modification of formula factors in the Federal ESG Program for use in the California Emergency Solutions Grants Program. (Amended by Stats. 2022, Ch. 70, Sec. 41. (SB 197) Effective June 30, 2022.)
  70. 50899.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. )

    Verify source ↗

    The department must manage the program by adopting and updating guidelines, and it can replace specified ESG regulations for implementation purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 2. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT [50400 - 50899.7] ( Heading of Part 2 amended by Stats. 1981, Ch. 996. ) ## CHAPTER 19. California Emergency Solutions Grants Program [50899.1 - 50899.7] ( Chapter 19 added by Stats. 2016, Ch. 32, Sec. 72. ) ## 50899.7. (a) The department shall review, adopt, amend, and repeal guidelines to implement this chapter. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. In the event of any inconsistency between such guidelines or terms and the Federal ESG Program, the guidelines shall prevail for the purposes of this chapter. (b) Notwithstanding any other law, in order to implement this chapter, the department may adopt guidelines to replace the California ESG Regulations set forth in Subchapter 20 of Chapter 7 of Division 1 of Title 25 of the California Code of Regulations. Any guideline, rule, policy, or standard of general application employed by the department in implementing this chapter shall not be subject to the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department shall convene a stakeholder process to inform the development of guidelines for the implementation of the program pursuant to this chapter no later than September 1, 2023. Until guidelines are adopted, the department shall administer the program pursuant to adopted regulations. (c) Upon adoption of guidelines, previously adopted regulations are repealed. The repeal of previously adopted regulations pursuant to this section shall not be subject to the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2022, Ch. 70, Sec. 42. (SB 197) Effective June 30, 2022.)
  71. 50902.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section sets qualifications for housing finance agency board members and defines who the Governor and legislative officers must appoint.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50902. (a) Appointed members of the board shall be able persons broadly reflective of the economic, cultural, and social diversity of the state, including ethnic minorities and women. However, it is not intended that formulas or specific ratios be applied in order to achieve that diversity. (b) The Governor shall select four of his or her seven appointees from among the following categories: (1) an elected official of a city or county engaged in the planning or implementation of a housing, housing-assistance, or housing-rehabilitation program; (2) a person experienced in residential real estate in the savings and loan, mortgage banking, or commercial banking industry; (3) a person experienced as a builder of residential housing; (4) a person experienced in organized labor in the residential construction industry; (5) a person experienced in the management of rental or cooperative housing occupied by lower income households; (6) a person experienced in manufactured housing finance and development; and (7) a person representing the public. Not more than one person from each category may serve on the board at any one time, except that two members may be appointed by the Governor to represent the public. (c) The Governor shall also appoint two members who are residents of rental or cooperative housing financed by the agency or who are persons experienced in counseling, assisting, or representing tenants. (d) At least one of the members appointed by the Governor shall be a resident of a rural or nonmetropolitan area. (e) At least one of the members appointed by the Governor shall have specific knowledge of bonds and related financial instruments, interest rate swaps, and risk management. (f) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a person representing the public. The term of members of the board shall be six years. Any person appointed to fill a vacancy on the board shall serve only for the remainder of the unexpired term. Members of the board shall, subject to continued qualification, be eligible for reappointment. If a member of the board ceases to meet the qualifications specified in this section, the membership of that person on the board shall be terminated. (Amended by Stats. 2013, Ch. 82, Sec. 2. (AB 984) Effective August 12, 2013. Operative January 1, 2014, pursuant to Sec. 7 of Ch. 82.)
  72. 50903.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Board members appointed by the Governor must be confirmed by the Senate.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50903. All members of the board appointed by the Governor shall be confirmed by the Senate. (Added by Stats. 1977, Ch. 610.)
  73. 50904.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Board members with a financial interest in a matter must disclose it and must not influence, discuss, or vote on that matter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50904. The representation of varied interest groups on the board shall be deemed essential to obtain information for the development of policy and decisions of the board. Notwithstanding Section 1090 of the Government Code, it shall not be a conflict of interest for an official of any local public entity or a resident of any affordable housing, or a director, officer, stockholder, or employee of any savings and loan institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, insurance company, labor union, or any other person, association, or corporation to serve as a member of the board. If any board member has a financial interest in any matter before the board for a decision, that interest shall be disclosed as a matter of official public record. The board member shall not attempt to influence, participate in deliberations concerning, or vote as to that matter. Violation of this section constitutes grounds for disqualification from office as a board member. Violation of the disclosure requirements of this section constitutes a misdemeanor under Section 91000 of the Government Code. (Amended by Stats. 2011, Ch. 408, Sec. 1. (AB 1222) Effective January 1, 2012.)
  74. 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Agency officers and employees generally may not have certain business or financial ties to housing sponsors or assisted housing, and certain conflicted property transactions are prohibited.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50905. (a) An officer or employee of the agency shall not be employed by, hold any paid official relation to, or have any financial interest in, any housing sponsor or any affordable housing financed or assisted under this part, provided that this prohibition shall not apply to a member of the board of directors who is not an employee of the agency. Real property to which a member of the board or employee of the agency holds legal title or in which the person has any financial interest shall not be purchased by the agency or sold by the member of the board or employee of the agency to a housing sponsor for affordable housing to be financed under this part. Any violation of this section shall be a conflict of interest that shall be grounds for disqualification of the member from the board or employee of the agency from his or her employment with the board or agency. (b) Except as provided by subdivision (c), the following actions shall be voidable in the discretion of the agency: (1) Any purchase by the agency of real property in which a member of the board or employee of the agency has legal title or a financial interest. (2) Any commitment by the agency to provide financial assistance to a housing sponsor in which a member of the board or employee of the agency is employed, holds any official relation, or has any financial interest. (3) Any commitment by the agency to provide financial assistance to a housing sponsor to which real property has been or is transferred for affordable housing to be financed under this part, if a member of the board or employee of the agency has or has had legal title or any financial interest in the real property. (c) Any commitment by the agency to provide financial assistance under the circumstances specified in paragraph (2) or (3) of subdivision (b) shall not be voidable following release of the funds. (d) Notwithstanding any other provision of this section and Section 50904, any conflict of interest by a member of the board or employee of the agency shall not affect the validity of any bonds or insurance issued pursuant to this division. (e) Notwithstanding any other provision of this section, an agency employee or board member may, if not acting as an investor and if otherwise eligible, participate in owner-occupied single-family financing and insurance programs operated by the agency. (Amended by Stats. 2011, Ch. 408, Sec. 2. (AB 1222) Effective January 1, 2012.)
  75. 50906.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Board members may be removed only for cause.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50906. Board members shall be removable solely for cause. (Added by Stats. 1977, Ch. 610.)
  76. 50907.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Governor must appoint a board member as chairperson, and the chairperson must preside at board meetings when present.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50907. The Governor shall appoint a chairperson from among members of the board, who, when present, shall preside at meetings of the board. The term of the chairperson shall be five years, but shall terminate earlier upon expiration of the chairperson’s term under Section 50902 without reappointment to the board. (Amended by Stats. 1987, Ch. 1034, Sec. 14.)
  77. 50908.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The Governor must appoint an executive director for the agency, subject to Senate confirmation. The executive director serves a five-year term and is supervised by the board. The board also sets the number of authorized employees and, in some cases, their salaries.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50908. The Governor shall, subject to confirmation by the Senate, appoint an executive director of the agency, who shall, subject solely to supervision by the board, administer and direct the day-to-day operations of the agency. The term of office of the executive director is five years. Except as provided in this part, the board shall from time to time determine the total number of authorized employees within the agency and shall determine the salaries of those employees of the agency whose salaries are not paid from moneys appropriated to the agency from the General Fund. (Amended by Stats. 1987, Ch. 1034, Sec. 15. Note: Conditional amendment by Stats. 1994, Ch. 94, was repealed by Stats. 1997, Ch. 580.)
  78. 50909.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The board sets compensation for specified key exempt management in the agency’s annual budget, using salary surveys and outside advisors, and Human Resources reviews the survey methodology. Board members do not get a salary, but they do get a per diem and expense reimbursement within stated limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50909. (a) Notwithstanding Sections 19816 and 19825 of the Government Code, the compensation of key exempt management, including the executive director, the chief deputy director, the general counsel, the director of financing, the director of homeownership programs, the director of multifamily programs, the director of enterprise risk management and compliance, and the risk manager, shall be established by the board in the agency’s annual budget, in amounts which are reasonably necessary, in the discretion of the board, to attract and hold a person of superior qualifications. (b) (1) To determine the compensation for the positions described in this section, the board shall cause to be conducted, through the use of independent outside advisors, salary surveys of both of the following: (A) Other state and local housing finance agencies that are most comparable to CalHFA. (B) Other relevant labor pools. (2) The salaries so set by the board shall not exceed the highest comparable salary for a position of that type, as determined by the survey. (c) The Department of Human Resources shall review the methodology used in these salary surveys. (d) Members of the board shall not receive a salary but shall be entitled to a per diem allowance of one hundred dollars ($100) for each day’s attendance at a meeting of the board or a meeting of a committee of the board, not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. (Amended by Stats. 2018, Ch. 661, Sec. 1. (SB 912) Effective January 1, 2019.)
  79. 50910.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The executive director may hire technical experts and other employees when, in the director’s judgment, they are needed for the agency’s business.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50910. The executive director may from time to time employ technical experts and other employees as may, in his or her judgment, be necessary for the conduct of the business of the agency. (Amended by Stats. 1993, Ch. 115, Sec. 1. Effective July 15, 1993.)
  80. 50911.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The executive director may hire or appoint attorneys for the agency’s legal work, and the general counsel and Attorney General have specific duties in advising and representing 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50911. (a) Notwithstanding Sections 11042 and 11043 of the Government Code, the executive director may employ as general counsel for the agency an attorney at law licensed in this state. The general counsel, or in his or her absence, the general counsel’s designee, shall advise the board, the chairperson, and the executive director, when so requested, with regard to all matters in connection with the powers and duties of the agency and the board members and officers thereof. The general counsel shall serve as secretary to the board and shall perform all duties and services as general counsel to the agency that the agency may require of that person. (b) Except as provided in Section 11040 of the Government Code, the Attorney General shall represent and appear for the people of the state and the agency in all court proceedings involving any question under this division or any order or act of the agency. However, the agency may also employ private counsel to assist in any court proceeding. (c) Notwithstanding Sections 11042 and 11043 of the Government Code, the executive director may appoint as bond counsel for the agency an attorney or attorneys. Nothing in this section or any other provision of law shall preclude the appointment of more than one attorney to serve as bond counsel. However, at all times at least one attorney shall be licensed to practice law in this state. If the agency appoints more than one bond counsel for a bond issue, the combined fees paid to all bond counsel shall not exceed those fees that would have been paid had only one bond counsel been appointed. (d) Under the authority of this section, the executive director may appoint or retain an attorney or attorneys to undertake other appropriate legal studies and assignments not in conflict with this section. (Amended by Stats. 2005, Ch. 338, Sec. 1. Effective January 1, 2006.)
  81. 50912.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must have a director of financing appointed by the Governor, who serves at the pleasure of the executive director.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50912. There shall be within the agency a director of financing appointed by the Governor and serving at the pleasure of the executive director of the agency. The director of financing shall have responsibility for the financial operations of the agency and shall perform such other duties as may be required by the executive director. (Amended by Stats. 1979, Ch. 1115.)
  82. 50912.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must have a director of enterprise risk management and compliance appointed by the Governor, and that director must assist with risk-management processes and any other duties required by the executive director.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50912.5. There shall be within the agency a director of enterprise risk management and compliance appointed by the Governor and serving at the pleasure of the executive director of the agency. The director of enterprise risk management and compliance shall assist in the implementation of processes, tools, and systems to identify, assess, measure, manage, monitor, and mitigate risks related to the development of new programs or changes to existing law or regulations that may result in new or increased risk to the agency, as well as other duties as may be required by the executive director. (Added by Stats. 2016, Ch. 32, Sec. 73. (SB 837) Effective June 27, 2016.)
  83. 50914.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The board must authorize sales of obligations, securities, or other debt obligations and approve other major contractual agreements. The executive director may approve other contracts or debt obligations under board regulations. Board actions require a majority of the full membership, excluding nonvoting ex officio members.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50914. (a) The board shall authorize any sale of obligations or securities or other debt obligations and shall approve other major contractual agreements. Any other contractual agreements or debt obligations may be approved by the executive director pursuant to regulations of the board. (b) Actions of the board may be taken only by a concurrence of a majority of the entire membership thereof, excepting nonvoting ex officio members. (Amended by Stats. 1979, Ch. 1115.)
  84. 50915.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency’s principal offices must be located in the City of Sacramento.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50915. The principal offices of the agency shall be located in the City of Sacramento. (Added by Stats. 1977, Ch. 610.)
  85. 50916.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Board and committee meetings must be open to the public, and people may attend and address them, except during authorized executive sessions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 1. Organization [50900 - 50916] ( Chapter 1 added by Stats. 1977, Ch. 610. ) ## 50916. All meetings of the board and of all committees of the board including those committees whose membership constitutes less than a quorum of the board shall be open and public and all persons shall be permitted to attend and address the board or its committees, except when the meetings are held as executive sessions as authorized by Section 11126 of the Government Code. (Amended by Stats. 1987, Ch. 1034, Sec. 18.)
  86. 50950.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency’s primary purpose is to meet the housing needs of persons and families of low or moderate income.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50950. The primary purpose of the agency shall be to meet the housing needs of persons and families of low or moderate income. (Added by Stats. 1977, Ch. 610.)
  87. 50951.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    At least 30% of financed units must be available to or occupied by very low income households at affordable rents, unless the needed subsidies cannot be obtained.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50951. In meeting the housing needs of persons and families of low or moderate income, not less than 30 percent of the units financed by mortgage loans or property improvement loans pursuant to this part shall be available to, or occupied by, very low income households at affordable rents, unless it is not possible to obtain subsidies necessary to meet such requirement. No development loan, rehabilitation loan, or construction loan shall be made pursuant to this part if the agency determines that its ability to utilize currently available subsidies to meet the requirements of this section would be jeopardized thereby. (Amended by Stats. 1979, Ch. 1207.)
  88. 50952.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must seek to achieve the listed housing finance objectives.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50952. The agency shall also seek to attain all of the following objectives: (a) Acquisition of the maximum amount of funds available for subsidies for the benefit of persons and families of low or moderate income occupying units financed pursuant to this part. (b) Housing developments providing a socially harmonious environment by meeting the housing needs of both very low income households and other persons and families of low or moderate income and by avoidance of concentration of very low income households that may lead to deterioration of a development. (c) Emphasis on housing developments of superior design, appropriate scale and amenities, and on sites convenient to areas of employment, shopping, and public facilities. (d) Increasing the range of housing choice for minorities in lower income households and other lower income households, rather than maintaining or increasing the impaction of low-income areas, and cooperation in implementation of local and areawide housing allocation plans adopted by cities, counties, and joint powers entities made up of counties and cities. (e) Reducing the cost of mortgage financing for rental and cooperative housing to provide lower rent for persons and families of low or moderate income. (f) Reducing the cost of mortgage financing for home purchase, in order to make homeownership feasible for persons and families of low or moderate income. (g) Identification of areas of low vacancy rates where construction is needed, of areas of substandard housing where rehabilitation is needed, and of areas of credit shortage where financing is needed for transfer of existing housing, so as to maximize the impact of financing activities on employment, reduction of housing costs, and maintenance of local economic activity. (h) A balance between urban metropolitan, nonmetropolitan, and rural metropolitan housing developments, and between family housing and housing for the elderly and handicapped, in general proportion to the needs identified in the California statewide housing plan. (i) Minimization of fees and profit allowances of housing sponsors so far as consistent with acceptable performance, in order to maximize the benefit to persons and families of low or moderate income occupying units financed by the agency. (j) Full utilization of federal subsidy assistance for the benefit of persons and families of low or moderate income. (k) Full cooperation and coordination with the local public entities of the state in meeting the housing needs of cities, counties, cities and counties, and Indian reservations and rancherias on a level of government that is as close as possible to the people it serves. (l) Promoting the recovery and growth of economically depressed business located in areas of minority concentration and in mortgage-deficient areas. (m) 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 those areas. (n) Implementation of the goals, policies, and objectives of the California Statewide Housing Plan. (o) Location of housing in public transit corridors with high levels of service. (p) Reducing the cost of mortgage financing for rental housing development in order to attract private and pension fund investment in such developments. (q) Reducing the cost of mortgage financing for accessory dwelling units, as defined in subdivision (a) of Section 66313 of the Government Code, in order to make rental housing more affordable for elderly persons and persons and families of low or moderate income. (Amended by Stats. 2024, Ch. 7, Sec. 29. (SB 477) Effective March 25, 2024.)
  89. 50952.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency has a reporting duty tied to its goal for single-family home financing: it must report specific information on how much of that financing goes to first-occupant purchasers.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50952.5. (a) It is the intent of the Legislature, and it shall be a goal of the agency, that not less than one-half of the dollar amount of financing for single-family homes shall fund loans for purchasers who will be the first occupant. (b) The agency shall include in its annual report required by Section 51005 specific information evaluating the extent to which the agency has attained this goal. (Added by Stats. 1990, Ch. 574, Sec. 2. Effective September 4, 1990.)
  90. 50953.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must adopt contract-review regulations and require prevailing wages and apprenticeship rules for certain agency-financed housing construction, with limited exceptions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50953. No provision of this division shall be construed as a restriction or limitation upon any powers which the agency or any local public entity might otherwise have under any laws of this state, and this part is cumulative with respect to these powers. This division shall be deemed to provide a complete, additional, and alternative method for doing the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this part need not comply with the requirements of any other law applicable to the issuance of bonds, and in the construction or acquisition of a housing development or a residential structure pursuant to this division, the agency need not comply with the requirements of any other law applicable to construction or acquisition of public works, except as specifically provided in this division. The agency shall adopt regulations for review of construction contracts for the construction or rehabilitation of housing developments and residential structures financed under this division and shall require that on construction of this housing which is financed by a construction loan from the agency, other than mutual self-help housing developments, all workers employed in the construction, exclusive of maintenance work, shall be paid not less than the general prevailing rate or per diem wages for work of a similar character in the locality in which the construction is performed, and not less than the prevailing rate of per diem wages for holiday and overtime work. The agency shall determine or require determination of the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 of the Labor Code. Apprentices shall be employed in the construction of housing developments in accordance with the regulations of the agency, which shall impose the same requirements as contained in Section 1777.5 of the Labor Code, except as to differences necessitated by the methods of awarding construction contracts for housing developments financed under this division. (Amended by Stats. 1987, Ch. 1034, Sec. 19.)
  91. 50954.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency does not have to pay tax or assessment on its property or income from it, and agency bonds and related transfer income are tax-free except for inheritance and gift taxes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50954. The exercise of the 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, and the agency shall not be required to pay any tax or assessment on any property owned by the agency under the provisions of this division or upon the income therefrom. Any bonds issued by the agency under the provisions of this division, their transfer, and the income therefrom shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state, excepting inheritance and gift taxes. (Amended by Stats. 1987, Ch. 1034, Sec. 20.)
  92. 50955.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section requires nondiscriminatory housing occupancy and employment practices for assisted housing developments, plus affirmative action and affirmative marketing 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50955. (a) The agency and every housing sponsor shall require that occupancy of housing developments assisted under this part shall be open to all regardless of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, that contractors and subcontractors engaged in the construction of housing developments shall provide an equal opportunity for employment, without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code, and that contractors and subcontractors shall submit and receive approval of an affirmative action program prior to the commencement of construction or rehabilitation. Affirmative action requirements respecting apprenticeship shall be consistent with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. All contracts for the management, construction, or rehabilitation of housing developments, and contracts let by housing sponsors, contractors, and subcontractors in the performance of management, construction, or rehabilitation, shall be let without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, and pursuant to an affirmative action program, which shall be at not less than the Federal Housing Administration affirmative action standards unless the board makes a specific finding that the particular requirement would be unworkable. The agency shall periodically review implementation of affirmative action programs required by this section. It shall be the policy of the agency and housing sponsors to encourage participation with respect to all projects by minority developers, builders, and entrepreneurs in all levels of construction, planning, financing, and management of housing developments. In areas of minority concentration the agency shall require significant participation of minorities in the sponsorship, construction, planning, financing, and management of housing developments. The agency shall (1) require that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning, construction, rehabilitation, and operation of housing developments financed pursuant to this part be given to persons of low income residing in the area of that housing, and (2) determine and implement means to secure the participation of small businesses in the performance of contracts for work on housing developments and to develop the capabilities of these small businesses to more efficiently and competently participate in the economic mainstream. In order to achieve this participation by small businesses, the agency may, among other things, waive retention requirements otherwise imposed on contractors or subcontractors by regulation of the agency and may authorize or make advance payments for work to be performed. The agency shall develop relevant selection criteria for the participation of small businesses to ensure that, to the greatest extent feasible, the participants possess the necessary nonfinancial capabilities. The agency may, with respect to these small businesses, waive bond requirements otherwise imposed upon contractors or subcontractors by regulation of the agency, but the agency shall in that case substantially reduce the risk through (1) a pooled-risk bonding program, (2) a bond program in cooperation with other federal or state agencies, or (3) development of a self-insured bonding program with adequate reserves. The agency shall adopt rules and regulations to implement this section. Prior to commitment of a mortgage loan, the agency shall require each housing sponsor, except with respect to mutual self-help housing, to submit an affirmative marketing program that meets standards set forth in regulations of the agency. The agency shall require each housing sponsor to conduct the affirmative marketing program so approved. Additionally, the agency shall supplement the efforts of individual housing sponsors by conducting affirmative marketing programs with respect to housing at the state level. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 75) by Stats. 2013, Ch. 605, Sec. 44. (SB 752) Effective January 1, 2014.)
  93. 50956.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must coordinate its activities with the department and operate in a fiscally self-sufficient way.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50956. It shall be the policy of the agency to coordinate its activities with the department. It shall be the policy of the agency to conduct its operations so as to be fiscally self-sufficient and so as not to require appropriations from the General Fund for payment of its administrative costs or to service bonds of the agency. (Added by Stats. 1977, Ch. 610.)
  94. 50957.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must not make a development or construction loan under this part if it determines the loan would cause a permanent loss or future reduction of subsidies because available subsidies were not used.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50957. No development or construction loan shall be made pursuant to this part if the agency determines that the making of such a loan would result in the permanent loss of a subsidy or a reduction in future subsidies due to the failure of the agency to use currently available subsidies. (Added by Stats. 1977, Ch. 610.)
  95. 50958.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Loans under this part are capped by development cost: usually 95%, but 100% for loans to local public entities and nonprofit housing sponsors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50958. Mortgage loans made pursuant to this part to housing sponsors, other than local public entities and nonprofit housing sponsors of rental and cooperative housing developments, shall not exceed 95 percent of the development costs of the housing development for which the loan is made. Loans made pursuant to this part to local public entities and nonprofit housing sponsors shall in no event exceed 100 percent of development costs. (Amended by Stats. 1981, Ch. 1031.)
  96. 50959.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Low- and moderate-income purchasers and residents are to be allowed to bring civil actions and enforce rights, duties, and benefits under this division and related 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50959. This division is intended to benefit purchasers and residents of housing developments who are persons and families of low or moderate income and shall be liberally construed to allow such persons to initiate civil actions and to enforce rights, duties and benefits under this division and regulations adopted pursuant to this division; provided however, this section shall not limit, modify or restrict the standing of other persons to initiate civil actions by reason of the action or inaction of the agency, department or commission; and provided further that this section shall not authorize any action contesting or affecting the validity or enforceability of any bonds or insurance issued under this division or of any of the proceedings of, or actions taken by, the agency relative to such bonds or insurance. (Amended by Stats. 1979, Ch. 96.)
  97. 50960.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    A loan document for an unsecured loan to an individual must state that the loan is a recourse obligation and that the borrower’s personal property may be subject to or sold under a lien to pay the debt.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50960. A loan document for a loan that is not secured by real property and is made to a person, not including a firm, association, partnership, organization, corporation, limited liability company, or other group, however formed, shall state that the loan is a recourse obligation and that the personal property of the borrower may be subject to or sold pursuant to a lien in order to pay the obligation. (Added by Stats. 2000, Ch. 553, Sec. 4. Effective January 1, 2001.)
  98. 50961.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency’s policy is to encourage housing in public transit corridors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50961. It shall be the policy of the agency to encourage housing location in public transit corridors so that residents may have convenient access to public transportation services. (Added by Stats. 1978, Ch. 1351.)
  99. 50962.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Rental housing developments receiving financial assistance under this part must follow the same notice requirements as Section 65863.10 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 2. Purposes and General Provisions [50950 - 50962] ( Chapter 2 added by Stats. 1977, Ch. 610. ) ## 50962. The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to rental housing developments that receive financial assistance pursuant to this part. (Added by Stats. 1988, Ch. 1563, Sec. 5.)
  100. 51000.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section creates the California Housing Finance Fund and lets the agency use, pledge, split, and transfer fund moneys under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51000. The California Housing Finance Fund is hereby created in the State Treasury. Construction loan funds may be transferred to the construction lender or to the contractor as necessary to meet draws for progress payments pursuant to rules and regulations of the agency. Notwithstanding Section 13340 of the Government Code, all money in the fund is hereby continuously appropriated to the agency for carrying out the purposes of this part, and, notwithstanding Chapter 2 (commencing with Section 12850) of Part 2.5 of Division 3 of Title 2 of the Government Code, or the provisions of Sections 11032 and 11033 of the Government Code, and except as provided in this part, expenditure of the fund shall not be subject to the supervision or approval of any other officer or division of state government. However, the agency’s budget shall be reviewed as provided in Section 50913. The agency may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, and redemption premiums on, bonds issued pursuant to this part, and, for that purpose or as necessary or convenient to the accomplishment of any other purpose of the agency, may divide the fund into separate accounts. All moneys accruing to the agency pursuant to this part from whatever source shall be deposited in the fund. (Amended by Stats. 1987, Ch. 1034, Sec. 21.)
  101. 51000.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    State officers and divisions may not transfer money from an agency fund or account unless the transfer is authorized under the listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51000.1. Notwithstanding any other provision of law, except as provided in Section 51000.3, no officer or division of state government shall transfer any sums of money from any fund or account of the agency, except as may be ordered or authorized by either of the following: (a) The executive director of the agency or his or her designee. (b) The designated trustee, pursuant to authority contained in appropriate adopted resolutions pertaining to notes or bonds issued by the agency. (Amended by Stats. 2000, Ch. 471, Sec. 19. Effective January 1, 2001.)
  102. 51000.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Section 51000.1 does not override the listed Government Code 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51000.3. Section 51000.1 does not supersede any provision of Article 2 (commencing with Section 11270) of Chapter 3 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1979, Ch. 1115.)
  103. 51000.4.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    When the California Housing Finance Agency stops all operations and has settled all obligations and debts, its assets must revert to the General 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51000.4. Upon cessation of all agency operations and settlement of all obligations and debts, all assets of the California Housing Finance Agency, including those in all accounts and funds of the agency, whether established by statute or otherwise, shall revert to the General Fund. (Added by Stats. 1981, Ch. 997.)
  104. 51001.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may create separate accounts in the fund when agreements with certain bondholders require 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51001. Pursuant to any agreements with the holders of particular bonds pledging any particular assets, revenues, or moneys, the agency may create separate accounts in the fund to manage assets, revenues, or moneys in the manner set forth in such agreements. (Added by Stats. 1977, Ch. 610.)
  105. 51002.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Revenue from property improvement loans and mortgage loans must be deposited into a special account and used only for debt amortization and protecting the underlying security, subject to any agreements with bondholders.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51002. Subject to any agreements with holders of particular bonds, revenue derived pursuant to this part from property improvement loans and mortgage loans shall be deposited in a special account, which shall be used exclusively for the amortization of debt and the protection of the underlying security, until current debt service and reserves are funded. (Amended by Stats. 1979, Ch. 1207.)
  106. 51003.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must direct the Treasurer to invest unused fund money in designated eligible securities, and may also use several other approved investment or deposit methods.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51003. The agency shall, from time to time, direct the Treasurer to invest moneys in the fund which are not required for its current needs, including proceeds from the sale of any bonds, in any eligible securities specified in Section 16430 of the Government Code which the agency shall designate. The agency may direct the Treasurer to invest the moneys by entering into repurchase agreements or reverse repurchase agreements, which, for purposes of this section, shall mean agreements for the purchase or sale of eligible securities pursuant to which the seller or buyer agrees to repurchase or sell back the securities on or before a specified date and for a specified amount. The agency may direct the Treasurer to invest the moneys in investment agreements with corporations, financial institutions, or national associations within the United States which are rated by a nationally recognized rating service within the top three ratings of the service. For purposes of this section, investment agreements shall mean any agreement for the investment of moneys in the fund whether at fixed or variable interest rates, and may include, but not be limited to, repurchase agreements, notes, uncollateralized time deposits and certificates of deposit. The agency may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices in this state. Subject to any agreement with holders of particular bonds, in furtherance of the provisions of Section 51373, and to the extent permitted by law, the agency may also invest moneys of the fund in obligations or financial institutions as are permitted by board resolution. The agency may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest or other increment resulting from such investment or deposit shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund. (Amended by Stats. 1987, Ch. 1034, Sec. 22.)
  107. 51004.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may use money appropriated to its fund by the Legislature to carry out its purposes, including reserve or contingency funds and direct bond payments.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51004. The agency may utilize moneys which may be appropriated to the fund from time to time by the Legislature for effectuating its purposes, including, but not limited to, the establishment of reserves or contingency funds to be available for payments on the principal, interest, redemption premium, and sinking funds of any bonds of the agency and the direct payment of principal, interest, redemption premium, and sinking funds on the bonds of the agency. (Amended by Stats. 1987, Ch. 1034, Sec. 23.)
  108. 51004.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must submit an annual plan by May 1 each year, starting in 1980, and send it to the Legislature and Governor.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51004.5. On or before May 1 of each year, commencing in 1980, the agency shall submit to the Legislature and the Governor, an annual plan for using its revenue bonding authority for the succeeding fiscal year consistent with meeting the legislative goals and requirements for the agency, including requirements relating to units made available in each of its programs or proposed programs for low and very low income households, the allocations between elderly and family households, and requirements relating to units for new construction and substantial rehabilitation. The agency shall review and update each annual plan on a quarterly basis. The agency’s ability to implement the plan shall be reported in the annual report required by Section 51005. (Added by Stats. 1979, Ch. 960.)
  109. 51006.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency’s executive director must immediately certify certain funding insufficiency notices in writing to specified legislative leaders and the Governor, unless the insufficiency would not cause a bond default event.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51006. The executive director of the agency shall immediately certify in writing to the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Speaker of the Assembly, the Senate Rules Committee, and the Governor, if the agency is notified by the trustee in writing that moneys of the agency will not be sufficient to meet principal payments, sinking fund payments, and interest payments on bonds authorized under this part and to restore and maintain necessary bond reserve funds. However, certification pursuant to this section need not be made unless this insufficiency will result in an event of default under the respective bond resolution authorizing the bonds. (Amended by Stats. 1987, Ch. 1034, Sec. 25.)
  110. 51007.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must use surplus moneys, subject to bond-holder agreements and several funding needs, for specified housing-related programs and 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 3. Financial Provisions [51000 - 51007] ( Chapter 3 added by Stats. 1977, Ch. 610. ) ## 51007. Subject to any agreements with holders of particular bonds, all moneys available for carrying out the purposes of this part and declared by the agency to be surplus moneys which are not required to service or retire bonds issued on behalf of the agency, pay administrative expenses of the agency, accumulate necessary operating or loss reserves, or repay loans to the agency from the General Fund shall be used by the agency, with respect to existing housing developments, to provide special interest reduction programs, financial assistance for housing developments or subsidies for occupants or owners thereof, or counseling programs, as authorized by this division. (Added by Stats. 1977, Ch. 610.)
  111. 51050.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency has broad powers to run its business, manage property, make contracts, collect fees, hire staff, and require qualification 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51050. The agency shall have all of the following powers: (a) To sue and be sued in its own name. (b) To have an official seal and to alter the same at pleasure. (c) To have perpetual succession. (d) To maintain offices at any place or places within the state which it may designate. (e) To adopt, and from time to time amend and repeal, by action of the board, either resolutions, or rules or regulations, not inconsistent with this part, to carry into effect the powers and purposes of the agency and the conduct of its business, except where this part expressly requires the agency to act by rule or regulation. If the agency acts by rule or regulation, the rule or regulation shall be adopted, amended, repealed, and published in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) Notwithstanding any other provision of law, to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part with any governmental agency, private corporation or other entity, or individual, and to contract with any local public entity for processing of any aspect of financing housing developments. Contracts made or executed under the authority of this part shall not be subject to any applicable provision of law requiring competitive bidding or the supervision or approval of another division or officer of state government. (g) To acquire real or personal property, or any interest therein, on either a temporary or long-term basis in its own name by gift, purchase, transfer, foreclosure, a deed in lieu of foreclosure, lease, option, or otherwise, including easements or other incorporeal rights in property. (h) To hold, sell, assign, lease, encumber, mortgage, or otherwise dispose of any real or personal property or any interest therein; to hold, sell, assign, or otherwise dispose of any mortgage interest owned by it, under its control or custody, or in its possession; and, as applicable, to do any of the acts specified in this subdivision by public or private sale, with or without public bidding, notwithstanding any other provision of law. (i) To release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in real property foreclosed by it or acquired by it by a deed in lieu of foreclosure. (j) To determine the terms and conditions of any mortgage instrument, deed of trust, or promissory note used or executed in conjunction with the financing of any housing development. (k) To employ architects, engineers, attorneys, accountants, housing construction and financial experts, and such other advisers, consultants, and agents as may be necessary in its judgment and to fix their compensation. (l) To provide advice, technical information, and consultative and technical service in connection with the financing of housing developments pursuant to this part. (m) Notwithstanding any other provision of law, to insure or reinsure against any loss in connection with its property and other assets, including mortgages and mortgage loans, in amounts, in the manner, and from those insurers as it deems desirable. (n) To establish, revise from time to time, and charge and collect fees and charges in connection with loans made or insured by the agency. (o) To borrow money and issue bonds, as provided in this part. (p) To enter agreements and perform acts as are necessary to obtain and maintain federal housing subsidies for use in connection with housing developments. (q) To provide bilingual staff and make available agency publications in a language, other than English, where necessary to effectively serve all groups for which those services or publications are made available. (r) To require any individual, corporation, or other legal entity operating, managing, or providing maintenance services for a housing development or a residential structure to maintain a current certificate of qualification developed and approved by the agency. (s) To do any and all things necessary to carry out its purposes and exercise the powers expressly granted by this part. (Amended by Stats. 2008, Ch. 281, Sec. 2. Effective September 25, 2008.)
  112. 51050.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make loans to finance affordable 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51050.1. The agency may make loans to finance affordable housing, including residential structures, housing developments, multifamily rental housing, special needs housing, and other forms of housing permitted by this part. (Added by Stats. 2006, Ch. 748, Sec. 3. Effective January 1, 2007.)
  113. 51051.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must receive and allocate certain federal housing aid, may use available federal subsidies for housing or other agency powers, and has priority for federal housing subsidies when eligible.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51051. The agency shall be a state representative for purposes of receiving and allocating financial aid and contributions from agencies of the federal government which are provided to the state or to the agency for the purpose of subsidizing housing for persons and families of low or moderate income and may utilize federal subsidies available to it in providing housing for persons and families of low or moderate income or for exercising any other of its powers. The agency shall have priority among all other units of state government for receipt of federal housing subsidies to the extent units financed under this part are eligible for such assistance. (Added by Stats. 1977, Ch. 610.)
  114. 51053.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may contract with qualified mortgage lenders for certain loan-related services and may pay the reasonable value of those services.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51053. The agency may make and execute contracts with qualified mortgage lenders for the initiation or servicing of mortgage loans, construction loans, property improvement loans, or development loans made or acquired by the agency pursuant to this part or for other services rendered to the agency. The agency may pay the reasonable value of services rendered to the agency pursuant to such contracts. (Amended by Stats. 1979, Ch. 1207.)
  115. 51054.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make or commit to certain housing-related loans to housing sponsors, and it may set aside a reserve with a construction loan for specified improvement security.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51054. The agency may make or undertake commitments to make development loans, construction loans, mortgage loans, and property improvement loans to housing sponsors to finance housing developments, as provided in Chapter 5 (commencing with Section 51100) of this part. The agency may, in conjunction with a construction loan, set aside a reserve to provide improvement security required under subdivision (c) of Section 66462 and Chapter 5 (commencing with Section 66499) of Division 2 of Title 7 of the Government Code, which shall be in lieu of improvement security otherwise required by such provisions. (Amended by Stats. 1979, Ch. 1207.)
  116. 51055.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may buy and sell certain loans, related loan obligations, loan insurance, and participation interests.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51055. The agency may purchase and sell construction loans, mortgage loans, property improvement loans, obligations secured by these loans, insurance on these loans, and participation therein. (Amended by Stats. 1987, Ch. 1034, Sec. 27.)
  117. 51056.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Certain loans under this part must be limited in their charges, interest, and maximum loan amount.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51056. Construction loans, mortgage loans, and property improvement loans made, purchased, assigned or serving as security for obligations or participations pursuant to this part shall be limited as to charges, interest, maximum loan amount, which shall be consistent with the purposes of this part. (Amended by Stats. 1979, Ch. 1207.)
  118. 51058.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may renegotiate, refinance, foreclose on, or otherwise deal with defaulted mortgages and related property, and it must require housing-development mortgage servicing and foreclosure practices to follow agency policies or resolutions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51058. (a) The agency may renegotiate, refinance, foreclose, or contract for the foreclosure of, any mortgage in default and may waive any default or consent to the modification of the terms of any mortgage. With respect to housing developments, the agency shall require that mortgage servicing and foreclosure practices, including forbearance and recasting of mortgages in default, conform to agency policies or resolutions. (b) The agency may commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract, or other agreement and may bid for and purchase property sold in satisfaction thereof at any foreclosure or other sale or may otherwise acquire and take possession of that property. Subject to any agreement with bondholders, the agency may operate, manage, lease, dispose of, and otherwise deal with that property in such manner as may be necessary to protect the interest of the agency and the holders of its bonds. (Amended by Stats. 1997, Ch. 580, Sec. 27. Effective January 1, 1998.)
  119. 51058.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency does not have to promulgate rules and regulations to establish or operate a mortgage refinance 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51058.5. Notwithstanding any other provision of law, the agency is not required to promulgate rules and regulations in order to establish or operate a mortgage refinance program. Instead, that program may be established by the governing board of the agency through resolutions adopted by that board, and operated by the agency in accordance with resolutions adopted by the board. Those resolutions shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2011, Ch. 296, Sec. 168. (AB 1023) Effective January 1, 2012.)
  120. 51059.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may buy insurance, coinsurance, or guarantees for repayment of its bonds, and may pay the related premiums.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51059. The agency may procure insurance or coinsurance or guarantees from the federal government or from any governmental agency or instrumentality thereof, or from any private insurance company, of the payment of principal, redemption price of, and interest on any bonds issued by the agency. The agency may pay premiums on any such insurance. (Added by Stats. 1977, Ch. 610.)
  121. 51060.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may charge and collect fees and charges from housing sponsors and qualified mortgage lenders for services performed.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51060. The agency may, for services performed, charge and collect from housing sponsors and qualified mortgage lenders such fees and charges for the purpose of defraying administrative and other expenses as the agency may establish from time to time for its lending and mortgage-purchase programs. (Added by Stats. 1977, Ch. 610.)
  122. 51061.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may sell or convey its real property to specified low- and moderate-income and public housing-related recipients.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51061. The agency may sell or convey real property owned by the agency to persons and families of low or moderate income, nonprofit housing sponsors, and local public entities. Such sale or conveyance may be without consideration if the agency received the property upon condition that it be so conveyed or sold and if such sale or conveyance will inure primarily to the benefit of persons and families of low or moderate income living in a housing development. (Added by Stats. 1977, Ch. 610.)
  123. 51062.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must set criteria for housing sponsors and qualified mortgage lenders.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51062. The agency shall establish criteria for housing sponsors and qualified mortgage lenders, which shall be designed to assure the financial integrity of programs authorized by this division and which shall provide for effective implementation of the policies and purposes set forth in this part. The criteria shall take into account the differences between private and public institutions qualifying as housing sponsors and qualified mortgage lenders. (Added by Stats. 1977, Ch. 610.)
  124. 51063.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must ensure relocation payments and related advisory assistance are provided for certain displaced persons and families, and it may require the housing sponsor to make those payments instead.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51063. Relocation payments shall be made to persons and families of low or moderate income who are residents displaced because of temporary or permanent displacement for rehabilitation work assisted under this part, or rent increases resulting from rehabilitation, pursuant to the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sec. 4601) or Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. Notwithstanding the provisions of this section, middle-income families who decide against occupying the rehabilitated housing shall not continue to receive relocation payments. The agency shall also insure that the relocation payments and the relocation advisory assistance specified therein shall be provided. Pursuant to the provisions of this section, the agency shall insure relocation payments are provided to persons and families involuntarily displaced in making a site or structure available for rehabilitation or construction financed under this part, or in the alternative may require the housing sponsor receiving a loan commitment pursuant to this part to make such payments and provide such assistance, whether such displacement has occurred in anticipation of the loan commitment or will occur subsequent thereto. For purposes of this section, displacement includes relocation occurring because of a qualified person or family’s inability to pay increased rentals resulting from rehabilitation, or involuntary temporary or permanent displacement of a qualified person or family to allow rehabilitation work to be done. (Amended by Stats. 1979, Ch. 96.)
  125. 51064.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must set maximum sale prices for certain residential structures it finances, and must also set a price when the buyer gets a mortgage loan from 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51064. The agency shall establish maximum sale prices for the initial sale of residential structures, the acquisition, construction, or rehabilitation of which is financed by the agency in anticipation of sale to persons and families of low or moderate income. The agency shall also establish a price for any residential structure whenever the buyer of such residential structure receives a mortgage loan from the agency. The maximum sale prices established by the agency pursuant to this section may provide a reasonable profit to the seller while serving the purposes of this division. (Amended by Stats. 1982, Ch. 1452, Sec. 10. Effective September 27, 1982. Operative January 1, 1983, by Sec. 16 of Ch. 1452.)
  126. 51065.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may give grants for housing development expenses and rent reduction, but not using proceeds from bond sales.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51065. The agency may make grants to nonprofit housing sponsors and local public entities to meet expenses incurred in planning, constructing, rehabilitating, or managing housing developments. The agency may make grants to housing sponsors for the purpose of lowering the rents on some or all of the units within a housing development. Grants authorized by this section shall not be made with proceeds from the sale of bonds. (Amended by Stats. 1979, Ch. 96.)
  127. 51065.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make grants for energy-efficiency repairs or improvements tied to certain first mortgage loans, and it may provide short-term interim funding. The grants cannot be made with proceeds from bond sales.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51065.1. The agency may make grants to buyers of residential structures combined with first mortgage loans financed by the agency to be used in conjunction with the FHA Energy Efficient Mortgage Program, for the purpose of making repairs or improvements to increase energy efficiency in the home. Grants authorized by this section shall not be made with proceeds from the sale of bonds. Any such grant, and any costs directly associated with it, shall be funded through revenues realized by the agency from the grantee’s first mortgage loan, or securities backed by it, except that the agency may provide short-term interim funding of the grant to facilitate the transaction. (Added by Stats. 2013, Ch. 82, Sec. 3. (AB 984) Effective August 12, 2013.)
  128. 51065.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make certain loans to local public entities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51065.5. The agency may make unsecured loans or loans secured by assets other than real property to local public entities. The loans may be funded by the proceeds of bonds or other agency funds to assist local public entities in providing or making affordable housing available to low- or moderate-income persons or families. (Added by Stats. 2003, Ch. 193, Sec. 1. Effective January 1, 2004.)
  129. 51066.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    For certain agency-financed housing developments, the agency must provide or require a grievance procedure, and eviction is not allowed unless specified notice, hearing, and good-cause requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51066. For housing developments financed by a mortgage loan from the agency, the agency shall establish a grievance procedure or require housing sponsors to establish a grievance procedure, or both, for the purpose of resolving complaints by housing sponsors and tenants of housing sponsors and contractual disputes between two or more housing sponsors or between a housing sponsor and a tenant of the housing sponsor. Notwithstanding any other provision of law, no individual or family shall be evicted from a housing development unless the following requirements are met: (a) The eviction is for good cause as defined by rules and regulations of the agency. (b) Eviction proceedings shall be commenced by the giving of notice as required by Section 1946 of the Civil Code or Section 1161 or 1161a of the Code of Civil Procedure and served as provided by Section 1162 of the Code of Civil Procedure. The notice shall contain a statement of the cause for eviction and of the right of the tenant to a hearing and decision pursuant to regulations of the agency if a request for such a hearing is made to the landlord in writing within the period specified in Section 1946 of the Civil Code or Section 1161 of the Code of Civil Procedure, as the case may be. (c) When the tenant so requests the landlord in writing within the period specified in Section 1946 of the Civil Code or Section 1161 of the Code of Civil Procedure, as the case may be, a hearing, in accordance with procedures established pursuant to regulations of the agency, shall be held by an impartial individual or panel selected or approved by the agency and a decision rendered within two weeks after receipt by the landlord of the tenant’s written request for a hearing. Good cause for eviction shall be established at the hearing by the weight of the evidence. Before a right to a hearing vests, the tenant shall pay rent for the two-week hearing period to the owner or to an escrow account of the agency, if not already paid. A defendant in an unlawful detainer proceeding may assert as a defense the failure of the plaintiff or the agency to comply with the requirements of this section or regulations adopted pursuant to this section. A defendant in an unlawful detainer proceeding may assert as a defense that the findings at the hearing were not supported by the weight of evidence. The costs of any hearing conducted pursuant to this section shall be assessed to, and paid by, the losing party as provided in regulations of the agency. If neither party prevails, the costs of the hearing shall be equitably apportioned. As used in this section, “tenant” includes a resident shareholder of a cooperative housing development. Nothing in this section shall be construed as a limitation of the rights of a resident shareholder of a cooperative housing development. (Amended by Stats. 1987, Ch. 1034, Sec. 29.)
  130. 51067.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must adopt standards for tenant admission, tenancy termination, purchaser eligibility, and the maximum share of income that may go to housing 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51067. The agency shall adopt standards for the admission of tenants, termination of tenancies, and eligibility of purchasers of housing financed under this part as well as standards establishing maximum percentages of income which a tenant or purchaser may allocate to housing costs, which shall provide consideration for proven ability in individual cases to pay what would otherwise be an unusually high percentage of income for housing costs. (Added by Stats. 1977, Ch. 610.)
  131. 51068.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may not let an ineligible buyer or transferee assume certain mortgage loans, and may require the loan to be paid off when the property is sold or transferred.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51068. (a) Except as otherwise provided in subdivision (b) and notwithstanding the provisions of Sections 711, 711.5, and 1916.5 of the Civil Code, the agency shall not permit assumption of the obligation of any mortgage loan made pursuant to Chapter 5 (commencing with Section 51100) by a subsequent ineligible purchaser or transferee of the prior borrower. If the subsequent purchaser or transferee does not meet the agency’s eligibility requirements, the agency shall require acceleration of repayment of the principal balance of the loan to be all due and payable upon the sale or transfer of the property. (b) With respect to mortgage loans made prior to July 1, 1979, the agency may waive the requirements of subdivision (a) when necessary to permit participation in mortgage insurance, guarantee, or purchase programs, or when the provisions of subdivision (a) would interfere with the financial structuring or the administration of any bond financing program. (c) The requirements of subdivision (a) may be waived pursuant to subdivision (b) with respect to any mortgage loan made on or after July 1, 1979, only if the loan is federally assisted or insured and the waiver is necessary to obtain the federal assistance or insurance. As a condition to authorizing assumption of a mortgage loan pursuant to this subdivision, the agency shall recast the repayment schedule for the remainder of the term of the loan by increasing the interest to the current market rate at the time of assumption, or to any lower rate of interest which is the maximum allowed by an entity that provided any insurance or other assistance with respect to which a waiver was granted pursuant to this subdivision. Any additional increment of interest produced by increasing the rate of interest upon a mortgage loan pursuant to this subdivision shall be transmitted or forwarded to the agency for deposit in the California Housing Finance Fund. (d) The agency may also waive the requirements of subdivision (a) if it determines that its application would result in undue hardship, that the failure to meet the agency’s eligibility requirements resulted from circumstances beyond the mortgagor’s control, and if the waiver is for a limited period of time as specified by the agency. (e) The agency shall implement appropriate measures to assure compliance with this section. (f) This section applies to all mortgage loans made by the agency pursuant to Chapter 5 (commencing with Section 51100), whether directly or through a qualified mortgage lender, and including mortgage loans made prior to September 22, 1979. (Added by renumbering Section 51068.5 by Stats. 1987, Ch. 1034, Sec. 31.)
  132. 51069.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make development and construction loans for mutual self-help housing, and may set up alternative disbursement procedures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51069. The agency, after approving an application for mutual self-help housing, may make development loans and construction loans for land acquisition and development costs to eligible housing sponsors on terms and conditions and in amounts as it deems necessary to accomplish the purposes of this part. These development loans and construction loans may be interest free if sufficient surplus funds exist for that purpose and the loans can be made without jeopardizing the financial self-sufficiency of the agency or the adequacy of its reserves. Land acquired and housing developments financed pursuant to this section shall be sold or conveyed to eligible housing sponsors or for the purpose of developing other mutual self-help housing. In making loans pursuant to this section, the agency, as an alternative to disbursing the loans directly to eligible housing sponsors or persons and families of low or moderate income, may establish procedures retaining the loans or portions thereof, and disburse those amounts directly to the person or entity performing a service, or providing goods, material, land or improvements. (Amended by Stats. 1987, Ch. 1034, Sec. 32.)
  133. 51070.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must require qualified mortgage lenders not to replace funds provided under this part with their own resources unless the agency allows it. Qualified mortgage lenders may provide financing under this part until the agency finds a violation or decertifies the 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 4. General Powers [51050 - 51070] ( Chapter 4 added by Stats. 1977, Ch. 610. ) ## 51070. The agency shall require that qualified mortgage lenders do not substitute funds made available under this part for the lenders’ own resources, without permission of the agency. Qualified mortgage lenders may provide financing under this part until the agency makes a finding that the lender is in violation of this section or decertifies the lender pursuant to Section 50094. (Amended by Stats. 1987, Ch. 1034, Sec. 33.)
  134. 51100.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make several kinds of housing loans and related advances, but it may not issue more than $200 million in bonds in any one calendar year for certain construction loans unless the bonds are for refunding or renewing earlier bonds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. ) ## 51100. Subject to the limitations prescribed by Article 4 (commencing with Section 51175), the agency may make, or undertake commitments to make, development loans, construction loans, property improvement loans, mortgage loans, and advances in anticipation of such loans to housing sponsors to finance housing developments and residential structures. The agency shall not issue more than two hundred million dollars ($200,000,000) of its authorized revenue bond authority in aggregate principal amount of bonds in any one calendar year to finance, directly or indirectly, construction loans for which the agency is not providing a mortgage loan, exclusive of bonds issued to refund or renew bonds of the agency previously issued for those purposes. (Amended by Stats. 1981, Ch. 1031.)
  135. 51101.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make and publish rules and regulations for certain housing development loans and related matters.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. ) ## 51101. The agency may make and publish rules and regulations respecting the making of development loans, construction loans, property improvement loans, and mortgage loans pursuant to this part, the terms and conditions upon which such loans may be made to housing sponsors, the admission of tenants to a housing development, the inclusion of nonhousing facilities in housing developments, the construction of nonhousing facilities, and supervision of housing sponsors, including housing sponsors owning and occupying a housing development. (Amended by Stats. 2008, Ch. 281, Sec. 4. Effective September 25, 2008.)
  136. 51102.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must enter into regulatory contracts and other agreements with housing sponsors that receive loans under this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. ) ## 51102. The agency shall enter into regulatory contracts and other agreements with housing sponsors receiving loans under the provisions of this part. (Added by Stats. 1977, Ch. 610.)
  137. 51103.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Before committing mortgage-loan funds for a housing development, the agency must check key feasibility, eligibility, service-access, and location factors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. ) ## 51103. Prior to the commitment of moneys under this part for a mortgage loan on a housing development as provided in Article 1 (commencing with Section 51100), Article 2 (commencing with Section 51125), Article 3 (commencing with Section 51150), and Article 4 (commencing with Section 51175), the agency shall take adequate measures to assure (a) the economic feasibility of the housing development, (b) the financial eligibility of the housing sponsors and tenants, (c) the consistency of the proposed housing developement with the current housing objectives of the agency, (d) the sufficiency of access of the housing development to supporting social services, public mass transit services and other transportation, schools, employment, and retail merchants, and (e) that the location of the proposed housing development is consistent with the agency’s policies of dispersing housing developments throughout communities and of avoiding undue concentration of lower income households. Wherever possible, the agency shall verify these facts before financing is committed. In providing for dispersal of housing developments, the agency shall consider economic feasibility, which shall be determined in light of all relevant factors, including the assistance programs and funds which could be utilized to reduce costs. Nothing in this section shall prohibit the agency from financing housing developments in neighborhood preservation areas in a manner that would otherwise be in conflict with the agency’s policies respecting dispersal of housing developments or concentration of lower income households, where necessary to accomplish the purposes for which financing or loan insurance is made available by the agency in the area. (Added by Stats. 1987, Ch. 1034, Sec. 34.)
  138. 51104.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Only certain listed housing developments and residential structures are eligible for mortgage loans made with bond proceeds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 1. Loans for Housing Developments [51100 - 51104] ( Article 1 added by Stats. 1977, Ch. 610. ) ## 51104. Notwithstanding any other provisions of this part, only the following types of housing developments and residential structures are eligible for mortgage loans made with the proceeds of bonds: (a) Housing developments and residential structures financed with bonds of the agency guaranteed by the federal government. (b) Housing developments and residential structures financed with bonds of the agency that are guaranteed, or the time payment of principal and interest of which is insured, by an agency of the state or by a private insuring entity authorized to engage in that business. (c) Housing developments and residential structures, the mortgage loans on which presently are or are expected to be guaranteed, insured, or coinsured by the federal government. (d) Housing developments and residential structures, the bonds or mortgage loans on which are presently, or are expected to be, insured or guaranteed in whole or in part by an agency of the state, including the California Housing Finance Agency, a political subdivision of the state, or by a private insuring entity authorized to engage in that business, or by any combination thereof, in percentages determined by the agency. (e) Housing developments and residential structures financed by a loan made by the agency to a qualified mortgage lender, if both of the following conditions are met: (1) The loan to the qualified mortgage lender is a general obligation of the mortgage lender. (2) The qualified mortgage lender is a member of, or a subsidiary of a member of, the Federal Deposit Insurance Corporation or of the Federal Savings and Loan Insurance Corporation. (f) Housing developments and residential structures financed by tax-exempt bonds for which a bond reserve fund is created which complies with the terms and conditions of the agreement or agreements with agency bondholders. (Added by renumbering Section 51351 by Stats. 1987, Ch. 1034, Sec. 43.)
  139. 51125.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may invest in, buy, commit to buy, take assignments of, hold, sell, pool, and sell securities backed by certain housing-related 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. ) ## 51125. The agency may invest in, purchase, or make commitments to purchase, and take assignments from qualified mortgage lenders of, construction loans, mortgage loans, property improvement loans, obligations secured by construction loans, mortgage loans, property improvement loans and participations therein for financing or refinancing of housing developments and residential structures. The agency may also invest in, purchase, or make commitments to purchase, and take assignments from qualified mortgage lenders of, loans for rehabilitation or home improvements not secured by a mortgage but wholly or partially insured by an agency or instrumentality of the United States, or participation in such loans. Such construction loans, mortgage loans, property improvement loans, obligations secured by construction loans, property improvement loans or mortgage loans, rehabilitation and home improvement loans, or participations therein may be held or sold by the agency, or the agency may create pools of such loans, obligations, and participations held by the agency and may sell securities backed by such pools. (Amended by Stats. 1981, Ch. 1031.)
  140. 51126.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may buy, invest in, or commit to buy residential mortgages and related obligations, create pools of them, and issue and sell securities backed by those pools. It must require sellers to use the proceeds to finance housing developments and residential 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. ) ## 51126. The agency may invest in, purchase, or make commitments to purchase any residential mortgage or any obligation secured by a residential mortgage or participation therein, and sell such obligations, residential mortgages, or participations or create pools of such obligations, residential mortgages, or participations held by the agency and issue and sell securities backed by such pools. The agency shall require the seller of such obligations, residential mortgages, or participations purchased by the agency to use the proceeds for the purpose of financing housing developments and residential structures. (Amended by Stats. 1981, Ch. 1031.)
  141. 51127.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may insure or guarantee certain obligations and certain rehabilitation or home-improvement loans that meet the listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. ) ## 51127. The agency may insure or guarantee any obligation held by the agency and secured by a mortage on a housing development or residential structure for the purpose of increasing its acceptability or value for sale or as security for other obligations. The agency may also insure or guarantee any loan, or participation in a loan, for rehabilitation or home improvement which is insured by an agency or instrumentality of the United States and which is held by the agency. Nothing in this section shall, however, be construed as authorizing the creation of a debt or liability of the state within the meaning of Section 1 of Article XVI of the State Constitution. (Amended by Stats. 1987, Ch. 1034, Sec. 35.)
  142. 51128.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Mortgage obligations and securities under this article may be sold by public or private sale, with or without public bidding.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 2. Loans Through Intermediary Lenders and Mortgage Purchase and Sale [51125 - 51128] ( Article 2 added by Stats. 1977, Ch. 610. ) ## 51128. Sales of mortgage obligations and securities pursuant to this article may be made at public or private sale, with or without public bidding, whether directly or through a contract with a private marketing intermediary. (Added by Stats. 1977, Ch. 610.)
  143. 51150.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make loans to qualified mortgage lenders, but the loan terms must require the money to be used for construction loans and mortgage loans for housing developments and residential 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. ) ## 51150. The agency may make loans to qualified mortgage lenders under terms and conditions requiring the proceeds thereof to be used by such mortgage lenders for the purpose of making construction loans and mortgage loans for the purpose of financing housing developments and residential structures. (Amended by Stats. 1981, Ch. 1031.)
  144. 51151.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Mortgage loans under this article may not be made unless the agency determines they can be made at a lower cost to a housing sponsor than comparable loans under certain other articles.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. ) ## 51151. Mortgage loans shall not be made under this article unless the agency determines that type of loan can be made at a lower cost to a housing sponsor than is available for the same type of loan made under the provisions of Article 1 (commencing with Section 51100), Article 2 (commencing with Section 51125) or Article 4 (commencing with Section 51175) of this chapter. (Added by Stats. 1977, Ch. 610.)
  145. 51152.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may not make loans to a qualified mortgage lender under this article unless there is an agreement between 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. ) ## 51152. Loans shall not be made by the agency to a qualified mortgage lender under this article, except pursuant to an agreement between the agency and the qualified mortgage lender. The agreements shall include the following: (a) A maximum interest rate that can be charged for construction loans or mortgage loans. (b) A specification of the requirements of loans authorized by this part. (c) Standards for mortgage servicing and foreclosure practices, including programs of forbearance and recasting for mortgages in default. (Amended by Stats. 1987, Ch. 1034, Sec. 36.)
  146. 51153.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may manage and dispose of collateral securing these loans, subject to bondholder agreements, and may require collateral to be held by a designated in-state custodian.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 3. Loans to Qualified Mortgage Lenders [51150 - 51153] ( Article 3 added by Stats. 1977, Ch. 610. ) ## 51153. In connection with loans made pursuant to this article, the agency may collect, enforce the collection of, and foreclose on any collateral securing the loans and may acquire or take possession of such collateral and sell the same at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the agency therein. The exercise of the powers specified in this subdivision shall be subject to any agreements with bondholders. With respect to deposit of moneys in the fund pursuant to this section, the agency may require that any collateral provided on account thereof be lodged with a financial institution or trust company located in the state designated by the agency as custodian therefor. In the absence of such requirement the financial institution shall, if collateral is to be provided for the loan or securities purchased, upon receipt of the proceeds from the agency, enter into an agreement with the agency containing such provisions as the agency shall deem necessary to adequately identify and maintain such collateral and service the same and shall provide that such financial institution shall hold such collateral as an agent for the agency and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement. A copy of each such agreement and any revisions or supplements thereto shall be filed with the Secretary of State and no further filing or other action under the California Uniform Commercial Code or any other law of the state shall be required to perfect the security interest of the agency in such collateral or any additions thereto or substitutions therefor, and the lien and trust for the benefit of the agency so created shall be binding from and after the time made against all parties having claims of any kind in tort, contract, or otherwise against such financial institution. (Added by Stats. 1977, Ch. 610.)
  147. 51175.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must not make construction loans or first mortgage loans for owner-occupied residential structures unless the loans are made through a qualified mortgage lender, subject to an article-based exception.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. ) ## 51175. Except as provided in this article, the agency shall not make construction loans or first mortgage loans for the purpose of financing owner-occupied residential structures unless those loans are made through a qualified mortgage lender. (Amended by Stats. 2013, Ch. 82, Sec. 4. (AB 984) Effective August 12, 2013.)
  148. 51176.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may arrange construction and mortgage loans for owner-occupied residential structures in rural mortgage areas, without a qualified mortgage lender, if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. ) ## 51176. In rural mortgage areas the agency may make and undertake commitments to make construction loans and mortgage loans to finance owner-occupied residential structures without the participation of a qualified mortgage lender if no qualified mortgage lender will participate in financing such residential structures as provided in Article 2 (commencing with Section 51125) or Article 3 (commencing with Section 51150) of this chapter, or if the board determines that the agency can initiate or service loans directly at less cost than through use of a qualified mortgage lender. (Amended by Stats. 1981, Ch. 1031.)
  149. 51177.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make construction and mortgage loan commitments to finance residential structures in certain low-income owner-occupant cases.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4. Lender of Last Resort [51175 - 51177] ( Article 4 added by Stats. 1977, Ch. 610. ) ## 51177. The agency may make and undertake commitments to make construction loans and mortgage loans to finance residential structures without the participation of a qualified mortgage lender where the income of the owner-occupant is no greater than 65 percent of the median income for the area in which the residential structure is located as determined by the United States Department of Housing and Urban Development or by the agency’s reference to current data of the U.S. Census Bureau. The income at 65 percent of median shall be based on a family of four with adjustments above and below such maximum to compensate for family size. (Amended by Stats. 1982, Ch. 1452, Sec. 13. Effective September 27, 1982. Operative January 1, 1983, by Sec. 16 of Ch. 1452.)
  150. 51180.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. )

    Verify source ↗

    This section defines “subordinated loan” and “local agency,” and says loans under the article must be secured by a second trust deed.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. ) ## 51180. As used in this article: (a) “Subordinated loan” means a deferred payment mortgage loan, which is a second trust deed used in connection with other financing from the agency for the purpose of making the development of housing feasible where it would not be feasible without such loan. No loan shall be made pursuant to this article unless it is secured by a second trust deed. (b) “Local agency” means a city, county, city and county, redevelopment agency, or housing authority. (Added by Stats. 1982, Ch. 1448, Sec. 1.)
  151. 51181.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. )

    Verify source ↗

    The agency must accept applications from housing sponsors for subordinated loans for certain rental housing developments, and at least 20% of the units must be available on a priority basis to lower-income households.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. ) ## 51181. The agency shall accept applications from housing sponsors for subordinated loans for rental housing developments upon which construction commences on or after January 1, 1983. Not less than 20 percent of the units in the rental housing development shall be made available on a priority basis to lower income households, as defined in Section 50079.5. (Added by Stats. 1982, Ch. 1448, Sec. 1.)
  152. 51182.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. )

    Verify source ↗

    The agency must decide how subordinated loans are repaid.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 4.5. Subordinated Mortgage Loans [51180 - 51182] ( Article 4.5 added by Stats. 1982, Ch. 1448, Sec. 1. ) ## 51182. The agency shall determine the manner in which subordinated loans are to be repaid. Potential methods of repayment may include, but not be limited to: (a) An interest payment of 3 percent to be made from the positive cash flows of the project before payment to any other equity investor or mortgage loan holder is made. (b) Repayment upon conversion or the term of the bond, whichever is less, to the state, including an interest payment of 3 percent. (Added by Stats. 1982, Ch. 1448, Sec. 1.)
  153. 51200.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    For housing developments financed by an agency mortgage loan, the agency sets reporting, reserve, rent, tenant-selection, occupancy, and bilingual-service requirements; housing sponsors cannot raise restricted-unit rent without prior agency permission.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51200. With respect to housing developments financed by a mortgage loan from the agency, the agency shall: (a) Prescribe uniform systems of accounts and records for rental and cooperative housing developments and require the housing sponsors to make reports and give answers to specific questions on such forms and at such times as may be necessary for the purposes of this part. (b) Establish minimum reserves to be maintained by nonprofit and limited-dividend housing sponsors of rental and cooperative housing developments. (c) Fix and alter from time to time a schedule of rents such as may be necessary to provide residents of rental and cooperative housing developments who are lower and very low income households with affordable rents to the extent consistent with the maintenance of the financial integrity of the housing developments and to provide profits to housing sponsors subject to the limitations of Section 51202. Income from commercial facilities constituting a portion of a housing development or residential structure financed pursuant to this part shall, to the extent they receive the benefit of below-market-interest financing from the agency, assist in the support of appurtenant residential facilities. No housing sponsor shall increase the rent charged on any restricted rental or cooperative unit of a housing development without the prior permission of the agency, which shall be given only if the housing sponsor affirmatively demonstrates that the increase is required to defray necessary operating costs or avoid jeopardizing the fiscal integrity of the housing development or to provide the agreed rate of return with respect to additional equity money contributed by investors pursuant to Section 51202, and additional debt service and necessary operating costs with respect to increases in mortgage loans for improvements to the housing development deemed necessary by the agency. Applications to the agency for permission to adjust rents shall include a statement of the existing and proposed rent for each unit, a detailed statement of the necessity and authority for the increase under this subdivision, and the extent to which rent increases would be paid by residents of restricted units and not offset by increased subsidy payments. Prior notice of any rent increase shall be given in writing as required by Section 1946 of the Civil Code. Prior to the time any rent increase is effective the housing sponsor shall notify every affected resident, in writing, of informal meetings with the housing sponsor to review the proposed rent increase and that each resident, upon request, will be provided the information submitted to the agency under this subdivision. “Restricted,” as used in this subdivision, means required to be made available for occupancy by lower income households or very low income households pursuant to an agreement between the agency and the housing sponsor. (d) Determine standards for, and control selection by housing sponsors of, tenants and purchasers. (e) Regulate the terms of occupancy agreements to be used in housing financed under this chapter. (f) Provide bilingual services and publications, or require housing sponsors to provide bilingual services and publications, which are necessary to ensure informed access to housing financed pursuant to this part for persons and families of low or moderate income who have limited fluency in the English language. (Amended by Stats. 1987, Ch. 1034, Sec. 37.)
  154. 51201.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may supervise, inspect, regulate, and issue orders to housing sponsors for rental and cooperative housing financed under this part, but it may not enter or inspect occupied units without the occupant’s consent.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51201. The agency may do any of the following with respect to housing sponsors of rental and cooperative housing financed pursuant to this part. (a) Through its agents or employees, enter upon and inspect the lands, buildings, and equipment of a housing sponsor, including all parts thereof, and examine the books and records of a housing sponsor. However, there shall be no entry or inspection of occupied units without consent of the occupant. (b) Supervise the operation and maintenance of any housing financed pursuant to this part and order such repairs as may be necessary to protect the public interest or the health, safety, or welfare of occupants of the housing. (c) Require any housing sponsor to pay to the agency such fees as it may prescribe to defray its costs incurred in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor. (d) Regulate the retirement of any capital investments or the redemption of stock or the distribution of any equity interest in any housing sponsor. (e) Order any housing sponsor to do, or to refrain from doing, any act, as may be necessary to comply with the provisions of state, federal, or local laws, the rules and regulations of the agency, or the terms of any contract between the agency and the housing sponsor. (f) Withhold the transfer of construction payments to a housing sponsor pending adequate performance, as determined by the agency, of any acts required of such housing sponsor pursuant to the provisions of this division or pursuant to any agreement by and between the agency and such housing sponsor. (Added by Stats. 1977, Ch. 610.)
  155. 51202.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Certain housing sponsors must sign an agreement with the agency, and rental housing sponsors with mortgage loans generally may not receive earnings distributions above 6% of equity unless the agency’s rules allow more.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51202. Every housing sponsor of a rental or cooperative housing development which receives a construction loan or mortgage loan or a grant pursuant to this part shall enter into an agreement with the agency providing for the regulation of the disposition of property. No housing sponsor of a rental housing development receiving a mortgage loan pursuant to this part shall receive an earnings distribution of more than 6 percent of the equity invested in the housing development, unless a higher limitation on earnings distribution is otherwise provided by rules and regulations of the agency. The agency may permit a distribution greater than 6 percent to investors contributing additional equity money to an existing housing development, or in the case of a housing development over which the agency has assumed managerial and financial control pursuant to Section 51203, or in any case where it would materially contribute to meeting the policies or goals of this division. (Amended by Stats. 1981, Ch. 1031.)
  156. 51203.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    If the agency determines a rental or cooperative housing development’s finances threaten its economic interest, it may take control of the housing sponsor and direct its activities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51203. Upon making a determination that the financial status of a rental or cooperative housing development is such as to jeopardize any economic interest of the agency in such housing development, the agency may assume managerial and financial control of the housing sponsor and may supervise and prescribe the activities of the housing sponsor in such manner and under such terms and conditions as the agency may stipulate in any contract with the housing sponsor. Such control may be exercised through appointment by the agency to the governing body of such housing sponsor of a number of new members sufficient to constitute a voting majority of the governing body thereof, notwithstanding the provisions of the articles of incorporation or other documents of organization of the housing sponsor. (Added by Stats. 1977, Ch. 610.)
  157. 51204.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may set allowable cost categories for housing development construction or rehabilitation, and may require housing sponsors to certify development costs when the project is completed.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51204. The agency may prescribe regulations specifying the categories of cost which shall be allowable in the construction or rehabilitation of a housing development. The agency may require any housing sponsor to certify the development costs upon completion of the housing development. Such certification of development costs shall be subject to audit and verification by the agency. (Added by Stats. 1977, Ch. 610.)
  158. 51205.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency can enforce this part against housing sponsors, seek a receiver with agency approval, and require housing sponsors to follow operating, reporting, earnings, and control-transfer rules.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51205. (a) The agency may institute any action or proceeding pursuant to applicable provisions of law against any housing sponsor receiving or assuming a loan under this part in any court of competent jurisdiction in order to enforce this part or the terms and provisions of any contract between the agency and the housing sponsor, to foreclose its mortgage, or to otherwise protect the public interest or the occupants of the housing development. Where necessary to protect the interests of the agency, it may, in connection with the action or proceeding, apply to the court for the appointment of a receiver to take over, manage, operate, and maintain the affairs of the housing sponsor of a rental or cooperative housing development. No receiver shall be appointed unless approved by the agency. (b) (1) In the event of the reorganization of any housing sponsor, to the extent permitted by law, that reorganization shall be subject to the supervision and control of the agency. No reorganization of a housing sponsor shall be effected without the prior written consent of the agency. (2) The agency may provide in its loan agreements that, in the event of a judgment against any housing sponsor in any action to which the agency is not a party, there shall be no sale of the housing development or any portion thereof, except upon 60 days’ written notice to the agency. Upon receipt of notice, the agency or Attorney General shall take steps that, in its judgment, are necessary to protect the rights of all parties. (c) Notwithstanding any other provisions of law, if, prior to foreclosing on any collateral provided by a housing sponsor, the agency institutes any judicial proceeding or takes any action against a housing sponsor to enforce compliance with the obligations set out in subdivision (d) or to collect or offset any sum owed the agency as a result of any violation of any obligation set out in subdivision (d), that remedy or action shall not constitute an action within the meaning of subdivision (a) of Section 726 of the Code of Civil Procedure, or in any way constitute a violation of the intent or purposes of Section 726 of the Code of Civil Procedure, or constitute a money judgment for a deficiency or a deficiency judgment within the meaning of Section 580a, 580b, or 580d of, or subdivision (b) of Section 726 of, the Code of Civil Procedure. However, the above-referenced provisions of the Code of Civil Procedure shall apply to any judicial proceeding instituted, or nonjudicial foreclosure action taken, by the agency to collect the principal and interest due on the mortgage loan with the housing sponsor. (d) Subdivision (c) shall apply to the obligations of the housing sponsor to do any or all of the following: (1) Establish a schedule of rents, tenant standards and tenant selection process, and terms of occupancy, and to provide bilingual services and publications for tenants, pursuant to Section 51200. (2) Permit the agency to inspect the premises, books, and records; supervise the day-to-day operation and maintenance of the housing financed by the agency, and to pay the fees to defray the cost thereof, pursuant to subdivisions (a) to (d), inclusive, of Section 51201. (3) Comply with the provisions of federal, state, or local laws and ordinances, with the rules and regulations of the agency, or with the terms of any contract with the agency, pursuant to subdivisions (e) and (f) of Section 51201. (4) Adhere to the limitation on earnings required by Section 51202 or by the agency’s regulatory agreement, or both. (5) Turn over managerial and financial control to the agency pursuant to Section 51203. (6) Properly certify development costs pursuant to Section 51204. (7) Remit earned surplus to the agency as required by Section 51206. (e) This section shall apply to housing sponsors, as defined in Section 50074 and as used in Chapter 6.7 (commencing with Section 51325). (f) Notwithstanding any other provision of law, the prevailing party in any action instituted pursuant to this section shall be awarded costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion. (g) As used in this section, “mortgage loan” shall be defined as in Section 50086. (Amended by Stats. 1993, Ch. 649, Sec. 1. Effective January 1, 1994.)
  159. 51206.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    A housing sponsor with surplus above required reserves must first use the surplus to cut rents so low- or moderate-income occupants pay no more than the affordable rent.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51206. Whenever a housing sponsor of a rental or cooperative housing development accumulates an earned surplus greater than such operating and replacement reserves as the agency may require, that surplus shall be used to reduce rents within the housing development to a level at which no person or family of low or moderate income occupying the housing development pays more than the affordable rent. Whenever a housing sponsor of a rental or cooperative housing development accumulates an earned surplus greater than such operating and replacement reserves as the agency may require and no person or family of low or moderate income occupying the housing development pays more than the affordable rent, then such surplus shall be transferred to the agency for use in lowering the rents for persons and families of low or moderate income in other housing developments to a level no greater than the affordable rents. (Added by Stats. 1977, Ch. 610.)
  160. 51207.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    A low- or moderate-income person or family cannot receive assistance under this part if they already got assistance under this part to buy other real property, unless the property is sold or transferred for good cause as determined by 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5. Supervision of Housing Sponsors [51200 - 51207] ( Article 5 added by Stats. 1977, Ch. 610. ) ## 51207. A person or family of low or moderate income shall not receive financial assistance under this part if such person or family has already received assistance under this part for purchase of other real property, unless such property is sold or transferred for good cause as determined by the agency. (Amended by Stats. 1981, Ch. 1031.)
  161. 51215.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. )

    Verify source ↗

    The agency must make loans to finance construction or rehabilitation of elderly congregate housing, up to an aggregate of $50 million.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. ) ## 51215. The agency shall make loans to finance the construction or rehabilitation of congregate housing for the elderly in an aggregate amount of fifty million dollars ($50,000,000). The loans shall be made from the proceeds of bonds authorized pursuant to subdivision (h) of Section 51350. (Added by Stats. 1986, Ch. 1249, Sec. 3.)
  162. 51216.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. )

    Verify source ↗

    A housing sponsor applying for financing under this article must include a services plan, the local planning council must review it and provide written comments, and the agency must review the application and give priority to applications showing maximum cost effectiveness and efficiency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. ) ## 51216. An application by a housing sponsor for financing under this article shall include a plan for the provision of direct services, as defined by Section 50062.5, and for support services, as defined by Section 50062.5. The plan shall be reviewed by the local Adult Day Health Care Planning Council and the council shall provide written comments on the plan. Those comments shall, among other things, address the cost effectiveness and efficiency of the proposed development in utilizing community resources and shall be included as part of the application for financing. The agency shall review the applications, including the comments on the plan provided by the council, and shall grant priority for financing to those applications which demonstrate maximum cost effectiveness and efficiency in utilizing community resources, as determined by the agency. (Added by Stats. 1986, Ch. 1249, Sec. 3.)
  163. 51217.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. )

    Verify source ↗

    Housing management must help residents create and maintain a resident-oriented council when a majority of residents asks for 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. ) ## 51217. The management of congregate housing for the elderly shall, at the request of a majority of the residents, assist the residents in establishing and maintaining a resident-oriented council. The council shall be composed of residents of the congregate housing. The council may, among other things, make recommendations to the management of the congregate housing regarding services the residents receive for the purpose of improving the quality of daily living in the congregate housing. (Added by Stats. 1986, Ch. 1249, Sec. 3.)
  164. 51218.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. )

    Verify source ↗

    Each fiscal year, the agency must include in its annual report a progress update on implementing 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 5.7. Elderly Congregate Housing [51215 - 51218] ( Article 5.7 added by Stats. 1986, Ch. 1249, Sec. 3. ) ## 51218. At the close of each fiscal year, commencing with the fiscal year ending June 30, 1988, the agency shall, as part of its annual report required to be prepared pursuant to Section 51005, report on its progress in implementing this article. The report shall contain a discussion of the affirmative steps the agency has taken to ensure that congregate housing for the elderly is developed. The report also shall contain recommendations for legislation or other actions which would assist the agency in implementing this article. (Added by Stats. 1986, Ch. 1249, Sec. 3.)
  165. 51225.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must allocate and report on housing-financing priorities across different areas and housing needs, with a focus on nonmetropolitan and rural areas.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51225. In selecting proposals for financing, the agency shall balance its activity between urban metropolitan, nonmetropolitan, and rural metropolitan areas of the state in general proportion to the needs identified in the California Statewide Housing Plan. Insofar as feasible, the agency shall attempt to provide financing for housing specifically designed for occupancy by particular types of lower income households in general proportion to the proportionate need identified in the California Statewide Housing Plan and shall concentrate financing of construction and rehabilitation and financing for the sale of existing housing in areas of need as identified in the California Statewide Housing Plan or pursuant to regulations adopted pursuant to subdivision (g) of Section 50462. The agency may also give priority consideration to, and reserve funds for use in connection with, large urban revitalization programs. To facilitate the implementation of that portion of the agency’s mandate to serve nonmetropolitan and rural metropolitan areas of the state in general proportion to the needs identified in the statewide housing plans, the agency shall, in nonmetropolitan and rural metropolitan areas, actively and aggressively pursue the development and financing of projects in communities of various sizes in general proportion to the communities’ needs. The annual reports required of the agency pursuant to Section 51005 shall specifically enumerate the agency’s progress towards meeting its mandate to serve nonmetropolitan and rural metropolitan areas, and shall assess any obstacles or problems which it has encountered in meeting this mandate, and suggest legislative and administrative solutions to overcome these obstacles or problems. In enumerating its progress, the agency shall separately assess its progress in meeting the rehabilitation needs of rural areas and the new construction needs of rural areas, and separately assess its progress as to single and multifamily units. The agency shall include in its report an enumeration of its progress in meeting the housing needs of communities of various sizes in rural areas. In order to facilitate implementation of local housing allocation plans, the agency may contract with a local public entity to reserve a portion of available credit and subsidy assistance for that area for one year. These contracts may be renewed annually by mutual agreement. (Amended by Stats. 1983, Ch. 1097, Sec. 3. Effective September 27, 1983.)
  166. 51226.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    This section sets priority housing-unit availability targets for certain affordable housing developments and requires the agency to pursue available federal housing programs and subsidies.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51226. (a) Subject to the availability of adequate subsidies, not less than 30 percent of the combined total units financed by mortgage loans and property improvement loans pursuant to this part during each fiscal year shall be made available on a priority basis to very low income households. Subject to the availability of adequate subsidies, not less than 20 percent of the units in each housing development shall be made available on a priority basis to very low income households, except that such requirement shall not apply to housing developments of less than 12 units where the agency finds it is not necessary to make units available in the development for very low income households to meet the requirement of making 30 percent of total units available to very low income households. In housing developments for which the agency provides a construction loan but not a mortgage loan, not less than 20 percent of the units shall be made available on a priority basis to lower income households. Units required to be made available on a priority basis pursuant to this section, shall be offered exclusively to those within the priority group unless or until the agency permits the unit to be offered to other potential occupant groups. (b) In rental housing developments for which the agency provides insurance but not construction or mortgage loans, not less than 10 percent of the units shall be made available on a priority basis to lower income households. These units shall be of comparable quality and offer a range of sizes and number of bedrooms comparable to the range of those units which are available for other tenants. (c) The agency shall actively and aggressively pursue all available federal housing programs and utilize fully all available subsidies in order to achieve the purposes of this section. (Amended by Stats. 1983, Ch. 907, Sec. 1. Effective September 19, 1983.)
  167. 51226.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must follow specific unit-allocation requirements before entering a loan commitment for certain financed housing developments, and it may finance elderly housing only if additional unit-percentage conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51226.5. (a) Notwithstanding the provisions of Section 51226, in each housing development financed by the agency and insured under a federal multifamily insurance program, the agency shall enter into a loan commitment only in conformance with the following requirements: (1) With respect to housing developments financed on or after January 1, 1985, not less than 25 percent of the units shall be made available on a priority basis for very low income households. (2) With respect to housing developments financed on or after January 1, 1985, an additional 10 percent or more of the units shall be made available on a priority basis for other lower income households if a subsidy for the housing development is provided through the agency or directly by the federal government. (b) Not less than 75 percent of the units in a housing development financed by the agency and insured under a federal multifamily insurance housing program shall be made available on a priority basis for persons and families of low or moderate income. (c) The agency may provide financing for housing developments for the elderly that are insured under a federal insurance program when the requirements of subdivisions (a) and (b) are met and (1) a minimum of 35 percent of the units in the development are made available for lower income households, or (2) a majority of the units in the housing development which are to be made available for low income households are reserved for nonelderly households. This section shall become operative January 1, 1985. (Repealed (Jan. 1, 1982) and added by Stats. 1981, Ch. 996. Section operative January 1, 1985, by its own provisions.)
  168. 51227.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Each fiscal year, the agency must determine whether at least 25% of financed units meet the very low-income household requirement.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51227. At the close of each fiscal year the agency shall ascertain that not less than 25 percent of the total units financed by mortgage loans during the preceding 12 months pursuant to this part were made available to very low-income households. At the close of each fiscal year the agency shall ascertain that not less than 25 percent of all units financed pursuant to this part by mortgage loans are occupied or available to very low-income households. (Amended by Stats. 1992, Ch. 711, Sec. 82. Effective September 15, 1992.)
  169. 51227.7.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency should direct most bond-financed housing loans to new construction or substantial rehabilitation, and it must not allocate less than 60% of bond-proceeds financing to the specified loan and rental-unit uses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51227.7. It shall be a goal of the agency that not less than 80 percent of the dollar amount of financing from proceeds of bonds issued after December 31, 1979, be used to fund loans for the new construction or substantial rehabilitation of housing. In no event shall the agency allocate less than 60 percent of the dollar amount of its financing from bond proceeds to fund loans (1) for new construction and substantial rehabilitation and (2) to make available subsidized rental units. This requirement shall apply to loans made after December 31, 1979, and shall be cumulative. As used in this section, “substantial rehabilitation” means rehabilitation in which the costs of rehabilitation equal or exceed 20 percent of the value of the structure after rehabilitation. (Added by Stats. 1979, Ch. 960.)
  170. 51228.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    When a mortgage commitment is made for a rental or cooperative housing development, the agency and housing sponsor must sign a written agreement setting priority unit allocations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51228. At the time a mortgage loan commitment is made to finance any rental or cooperative housing development, a written agreement between the agency and housing sponsor shall be executed, designating the number of units to be made available on a priority basis within such housing development to very low income households, to other persons and families of low or moderate income, and to other households. If the number of units occupied by very low income households in any housing development ever falls below the number agreed to by the agency and housing sponsor, then units which become available for occupancy shall, subject to available subsidies be made available on a priority basis to very low income households until the number of units so occupied equals at least the number specified in the agreement. The agency may from time to time review agreements designating the allocation of units and, subject to agreement with the housing sponsor, may increase the number of units to be made available to very low income households if consistent with maintenance of the financial integrity of the housing development and continuance of permitted earnings distributions, or may establish minimum rents or minimum incomes for occupancy of units becoming vacant and not otherwise allocated to very low income households if necessary to the financial integrity of the housing development and continuance of permitted earnings distributions. (Amended by Stats. 1979, Ch. 96.)
  171. 51230.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must set aside 30% to 40% of very low-income housing units it finances each fiscal year for elderly persons, and it must also finance enough accessible rental units for persons with orthopedic disabilities to match their share of the state population, subject to income qualification and submarket-area verification.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51230. Not less than 30 percent nor more than 40 percent of the units financed by the agency during each fiscal year for very low-income households shall be designed specifically for occupancy by elderly persons. The agency shall in each fiscal year, finance at least that number of rental units designed for occupancy and accessibility by persons with orthopedic disabilities necessary to make such units equal to the same percentage relationship to the total number of rental units as such persons comprise when compared to the total population of the state. The percentage shall only, however, relate to those persons qualified by income and the percentage relationship shall be verified according to submarket areas within the state. (Added by renumbering Section 41500 by Stats. 1978, Ch. 380.)
  172. 51231.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must help housing sponsors get subsidies and give priority to projects that can get subsidies but cannot obtain other financing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51231. The agency shall assist housing sponsors in obtaining subsidies. In selecting housing to be given assistance under this division, the agency shall give priority to those which are able to obtain subsidies but cannot obtain alternative financing in order to utilize such subsidies. The agency shall make every effort to obtain subsidy funds and nothing in this division shall preclude the agency from meeting the eligibility requirements for obtaining federal housing subsidy allocations. (Added by Stats. 1977, Ch. 610.)
  173. 51232.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must develop or require resident selection plans for housing developments, and may tie counseling participation to occupancy.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 6. Priorities [51225 - 51232] ( Article 6 added by Stats. 1977, Ch. 610. ) ## 51232. To implement the purposes of this division, the agency shall develop or require housing sponsors to develop, pursuant to regulations of the agency, resident selection plans. Resident selection plans for housing developments financed by mortgage loans from the agency, which shall provide that preference be given to households displaced by a housing development, public action, or natural disaster. Such plans shall include criteria for resident selection, which shall establish income limits for residents, and may include a counseling program designed to promote the financial success of the housing development or the health, safety, and welfare of residents of the housing development. The agency may make participation in such a counseling program a condition or precondition of occupancy of a housing development. The agency may develop or require housing sponsors to develop, pursuant to regulations of the agency, resident selection plans for large urban revitalization programs which recognize a need to attract a full range of income groups for housing developments in central-city areas. (Amended by Stats. 1981, Ch. 1031.)
  174. 51250.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may make or contract for certain local public works and services for a housing development, and local public entities may enter those agreements if they find a public purpose is served.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. ) ## 51250. The agency may, in connection with a housing development, arrange or contract with a local public entity (1) for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys or other places, (2) for the furnishing of utilities or any community, municipal or public facilities or services, (3) for the acquisition by a local public entity of property or property rights, or (4) for the furnishing of property or services. Any local public entity may, upon finding that a public purpose is served thereby, enter into such contractual agreements with the agency and do all things necessary to carry out its obligations. (Added by Stats. 1977, Ch. 610.)
  175. 51251.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Several state or local public actors may transfer certain public real property to the housing agency or a designated housing sponsor, but the agency must certify the need and make a low- or moderate-income benefit finding for below-market transfers.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. ) ## 51251. Notwithstanding any other provision of law, the Department of General Services, any other state agency or officer authorized by law to convey real property of the state, and any local public entity may, in his or her or its discretion, from time to time sell, lease for a term not exceeding 99 years, grant, or convey to the agency or to a housing sponsor designated by the agency any real property and appurtenances thereto or any interest therein owned by the state or local public entity which the agency shall certify as necessary for its purposes. The certification of need shall be evidenced by a formal request from the executive director of the agency. Any sale, lease, grant, or conveyance pursuant to this section shall be made with or without consideration and upon terms and conditions which may be mutually agreed upon by the state or local public entity and the agency. However, before any sale, lease, grant, or conveyance pursuant to this section is made at less than fair market value, the agency shall make a finding that the difference between the consideration required and fair market value will inure primarily to the benefit of persons and families of low or moderate income living in a housing development or a residential structure. (Amended by Stats. 1987, Ch. 1034, Sec. 39.)
  176. 51252.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Local housing agencies must meet listed criteria, and local housing agents must review and usually approve housing development loan or grant applications unless specific criteria are not met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 5. Financing of Housing Developments and Residential Structures [51100 - 51252] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 471, Sec. 21. ) ## ARTICLE 7. State and Local Cooperation [51250 - 51252] ( Article 7 added by Stats. 1977, Ch. 610. ) ## 51252. (a) Upon application to the department, any city, county, city and county, or combination thereof acting jointly, or the duly constituted governing body of an Indian reservation or rancheria shall be certified as a local housing agency by the department if the department determines that the applicant meets the criteria specified in subdivision (b). If a local housing agency consists of more than one city, county, or city and county, each such entity shall individually meet the criteria of subdivision (b). All applications of prospective housing sponsors for loans or grants authorized by this part for housing developments shall be reviewed by the local housing agent, if any, for the area in which the housing development is to be financed. The local housing agent shall approve an application for a loan or grant for a housing development unless it expressly finds that the application does not meet one or more of the following criteria: (1) The proposed housing development conforms with a housing element that meets the requirements of subdivision (b). (2) The proposed housing development is consistent with the provision of a full range of housing opportunities within the jurisdiction of the local housing agent. (3) The proposed housing development would be in compliance with applicable federal, state, and local laws, including laws prohibiting discrimination in housing. An application shall be deemed approved if the local housing agent fails to approve or reject it within 40 days following the date of submission. (b) A local housing agent shall meet all of the following criteria: (1) The local housing agent shall have adopted a housing element, as required by subdivision (c) of Section 65302 of the Government Code, and an affirmative housing plan, if required by Section 65008 of the Government Code. The housing element shall not conflict with any housing assistance plan submitted to the federal government as part of an application to obtain funds for community development or housing. (2) The housing element of the local agency shall make adequate provision for all economic and racial segments of the community in new and rehabilitated housing throughout its jurisdiction. (3) The local housing agent shall develop or specify a procedure, which shall be identified in its application to the agency, to expedite the processing of zoning changes, use permits, building permits, environmental clearance, and any other type of permit, approval, or clearance which may be required by the city, county, or city and county or by any other local public entity or governmental agency prior to construction or rehabilitation of a housing development. (c) No housing development shall be assisted by a loan authorized by this part, unless the housing development has received the approval of both the local housing agent and the agency. This subdivision shall not be applicable to housing developments proposed for areas in which there is no local housing agent. (d) A local housing agent may delegate the function specified in this section to any local public entity, with the approval of the agency. (e) At any time a local housing agent ceases to meet the criteria specified in subdivision (b), the department may decertify the local housing agent. Certification of the local housing agent shall be reviewed annually by the department. Recertification shall not be granted if the department finds that, during the preceding year, the local housing agent has unreasonably denied approval of applications or has ceased to perform its functions under subdivision (a). (Amended by Stats. 1979, Ch. 1207.)
  177. 51300.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may designate neighborhood preservation areas and enter agreements with local agencies.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51300. This chapter empowers the agency to designate neighborhood preservation areas, and to enter into agreements with local agencies. It does not limit agency powers to provide construction loans and mortgage loans as provided in Chapter 5 (commencing with Section 51100) of this part. (Added by Stats. 1977, Ch. 610.)
  178. 51301.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency must hold public hearings and then set priorities for allocating financing assistance across eligible areas, counties, and cities statewide.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51301. The agency shall, after public hearings, establish priorities for the allocation of financing assistance pursuant to this chapter among eligible areas and counties and cities throughout the state. In so doing, the agency shall take into account the following factors, to the extent applicable: (a) The impact of financing assistance in upgrading substandard residential structures to decent, safe, and sanitary condition. (b) The impact of financing assistance in stablilizing urban neighborhoods and preventing or arresting the process of deterioration. (c) The impact of financing assistance in effectuating the efficient utilization of commitments of housing subsidies, thereby increasing housing opportunities for lower income households and very low income households. (d) The impact of financing assistance in complementing the local utilization of community development funds made available pursuant to Title 1 of the Housing and Community Development Act of 1974 (Public Law 93-383). (e) The availability and feasibility of alternative means to achieve substantially the same results as financing assistance provided pursuant to this chapter. (f) The availability of efficient and effective public mass transit service for the residents of the neighborhood assisted. Other things being equal, preference shall be given to preserving neighborhoods where efficient and effective public mass transit service exists. (Amended by Stats. 1979, Ch. 96.)
  179. 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may designate a city or county area as a concentrated rehabilitation area if a local agency applies and the listed findings are made.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51302. Upon application by a local agency supplying such supporting information and data as the agency may require, the agency may designate an area within a city or county as a concentrated rehabilitation area if it makes the following findings: (a) The area was selected by the legislative body after citizen participation. (b) The area is an area of substantial deterioration of residential structures, as evidenced by a significant number of older and deteriorating residential structures in such area requiring rehabilitation. (c) Rehabilitation assistance is necessary to enable and encourage residents in such area to cooperate in a local program of concentrated enforcement of rehabilitation standards. (d) Rehabilitation of residential structures will arrest deterioration in the area. (e) Rehabilitation of residential structures in the area is economically feasible. (f) The local agency has offered to contract with the agency to (1) provide necessary supporting neighborhood public improvements and services, such as street improvements, landscaping and acquisition of open space, undergrounding of utility lines, and construction of drainage facilities in the area for which eligibility has been requested, and (2) provide concentrated and continuing enforcement of rehabilitation standards in such area. (g) The local agency has agreed to make every effort to prevent unnecessary displacement in accomplishing rehabilitation and has an adequate program of relocation advisory assistance for persons unavoidably displaced due to rehabilitation. (h) The supply of housing available to very low income households at affordable rents and the supply of housing available to other persons and families of low or moderate income at affordable rents will not be reduced within the area because those displaced will receive relocation payments and be able to obtain standard housing in the area. Alternatively, standard housing will be available at affordable rents in equally desirable neighborhoods, expanding the range of housing opportunities for minorities and lower income households. (i) The local agency has adopted a housing element in compliance with Section 65302 of the Government Code, and with housing element guidelines, which sets forth an effective plan for systematic enforcement of state and local building and housing standards throughout its jurisdiction. (j) The application is consistent with local housing assistance plans adopted pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383). (k) The local agency has satisfied such other pertinent criteria as the agency may by regulation require. ( l) The local agency has investigated the current and planned levels of public transit service for the area. (Amended by Stats. 1979, Ch. 96.)
  180. 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may designate a mortgage assistance area if it first seeks maximum feasible participation from community organizations and makes specified findings.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51304. The agency may designate a mortgage assistance area, after soliciting maximum feasible participation by community organizations, if it makes the following findings: (a) It is an area (1) where deterioration has not progressed to the stage where there is a substantial number of residential structures which do not conform to rehabilitation standards, or (2) where a program of concentrated code enforcement has been conducted previously. (b) There is a recent history of mortgage deficiency in the area. (c) Agency activity in the area is likely to prevent or arrest deterioration in the area. (d) Agency activity in the area is economically feasible. (e) Agency activity in the area will inure primarily to the benefit of persons and families of low and moderate income. (f) The area was selected by the legislative body after citizen participation. (g) The local agency in which the area is located has given substantial assurances acceptable to the agency that it will provide those supporting neighborhood public improvements and services determined appropriate by the agency. (Added by Stats. 1977, Ch. 610.)
  181. 51305.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    After an area is approved as a concentrated rehabilitation area, the agency may enter into certain agreements and may provide loan insurance assistance for that 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51305. Upon approval of an application for designation of an area as a concentrated rehabilitation area, the agency may, with respect to such area, do any one of the following: (a) Enter into an agreement with the applicant local agency or another local public entity for purchase by the agency of bonds and notes issued pursuant to Chapter 3 (commencing with Section 37930) of Part 13 of Division 24; or (b) Enter into an agreement with the applicant local agency or another local public entity for a program of rehabilitation assistance as provided in Section 51306, to be administered by the local agency or other local public entity; or (c) Enter into an agreement with the local agency for a program of rehabilitation assistance as provided in Section 51306, to be administered by the agency, except that the agency shall make mortgage loans only under the conditions of Chapter 5 (commencing with Section 51100). In addition, or instead, the agency may provide loan insurance assistance in such areas, which may include insurance of loans provided pursuant to this chapter or of other loans or bonds as provided in Part 5 (commencing with Section 51600) of this division. (Amended by Stats. 1979, Ch. 1207.)
  182. 51306.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Financing assistance for housing developments in concentrated rehabilitation areas may take the form of specified loans, including development, mortgage, and construction 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51306. Financing assistance for housing developments in concentrated rehabilitation areas may include any or all of the following types of loans: (a) Development loans to prepare for rehabilitation. (b) Mortgage loans for purchase of housing developments. (c) Construction loans for rehabilitation, or for rehabilitation with acquisition or refinancing. (d) Mortgage loans for rehabilitation, or for rehabilitation with acquisition or refinancing, where the cost of acquisition and rehabilitation or the cost of rehabilitation without refinancing exceeds the financial capability of the owner, or would result in rents which are not competitive for the area, as determined by the agency. For owner-occupied housing developments, the terms and interest rates of such mortgage loans shall be commensurate with ability to pay, as established by regulations of the agency. (Amended by Stats. 1979, Ch. 1207.)
  183. 51308.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may include mortgage loans as part of financing assistance for certain housing acquisitions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51308. Financing assistance may include mortgage loans for the acquisition of housing developments and residential structures in any mortgage assistance area, or any other neighborhood preservation area which the agency finds to be mortgage deficient. (Amended by Stats. 1981, Ch. 1031.)
  184. 51310.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    Relocation payments must be made to displaced persons and families, and advisory assistance must be provided as set out in Section 51063; owners involuntarily displaced because they cannot afford compliance costs are also entitled to relocation payments.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51310. Relocation payments shall be made to persons and families displaced in making a site or a residential structure available for rehabilitation or construction financed under this chapter, and relocation advisory assistance provided, as set forth in Section 51063. Relocation payments shall also be made to owners involuntarily displaced because of inability to afford costs of compliance required pursuant to this chapter. (Added by renumbering Section 41557 by Stats. 1978, Ch. 380.)
  185. 51311.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. )

    Verify source ↗

    The agency may, on application by a local public entity, allocate funds for certain rehabilitation loans, and the related agreement must require notice and participation opportunities for affected owners and tenants.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6. Neighborhood Preservation [51300 - 51311] ( Chapter 6 added by Stats. 1977, Ch. 610. ) ## 51311. Upon application by a local public entity the agency may agree to allocate funds for property improvement loans or mortgage loans for rehabilitation of residential structures or housing developments as required in a citywide or countywide program of systematic enforcement of rehabilitation standards. The agreement between the local public entity and the agency shall provide for notice to potentially affected owners and tenants and for an opportunity for participation by them in the determination of criteria for selection or order of selection of dwelling units to be inspected and rehabilitated. Such assistance may be administered by the local public entity or the agency. (Amended by Stats. 1979, Ch. 1207.)
  186. 51312.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    This chapter’s purpose is to create an additional way to finance special needs housing, and it defines what counts as special needs 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51312. (a) The primary purpose of this chapter is to provide an additional method of financing special needs housing. (b) (1) For purposes of this chapter, “special needs housing” means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to any of the following: (A) Mental health. (B) Physical disabilities. (C) Developmental disabilities, including, but not limited to, intellectual disability, cerebral palsy, epilepsy, and autism. (D) The risk of homelessness. (2) Special needs housing shall also mean housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Behavioral Health Services Fund, created by Section 5890 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 40, Sec. 15. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40.)
  187. 51313.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    Bonds issued by the agency under this chapter, and their transfer and income, are tax-exempt except for inheritance and gift taxes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51313. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of this state and for their health and welfare. Therefore, any bonds issued by the agency, pursuant to this chapter, their transfer, and the income therefrom shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state, excepting inheritance and gift taxes. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  188. 51314.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    The agency may issue revenue bonds for special needs housing purposes, subject to this chapter and Chapter 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51314. Subject only to the limitations of this chapter, the agency may, in addition to any other power conferred by this part, issue revenue bonds as provided in Chapter 7 (commencing with Section 51350) for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of special needs housing, and for the provision of capital improvements in connection with, and determined necessary to, such housing. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  189. 51315.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    The agency may make or commit loans for special needs housing and may use regulatory contracts or other agreements to ensure compliance with this 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51315. Subject only to the limitations prescribed in this chapter, the agency, in addition to any other power conferred by this part with respect to housing, may make or undertake commitments to make loans to finance the acquisition, construction, rehabilitation, refinancing, or development of special needs housing. For this purpose, the agency may enter into regulatory contracts and other agreements with the owners or operators of that housing to ensure compliance with this chapter. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  190. 51316.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    The agency may buy or arrange certain loans to finance special needs housing and related capital improvements, subject to this chapter’s limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51316. Subject only to the limitations prescribed in this chapter, the agency, in addition to any other power conferred by this part, may purchase, or undertake, directly or indirectly through lending institutions, commitments to purchase, construction loans, mortgage loans, or other types of loans originated in accordance with a financing agreement with the agency to finance the acquisition, construction, rehabilitation, refinancing, or development of special needs housing, and for the provision of capital improvements in connection with, and determined necessary to, such housing. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  191. 51317.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    The agency may issue bonds to pay certain costs connected with issuing and selling those bonds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51317. For the purposes of this chapter, the agency shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys, insurance premiums, underwriting fees, legal, accounting and marketing services incurred in connection with the issuance and sale of bonds, including bond and operating reserve accounts, trustee, custodian, and rating agency fees, and such other costs as are reasonably related to the foregoing. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  192. 51318.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. )

    Verify source ↗

    This chapter provides an additional and alternative way to issue bonds to finance special needs housing 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 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.3. Special Needs Housing [51312 - 51318] ( Chapter 6.3 added by Stats. 2006, Ch. 748, Sec. 4. ) ## 51318. This chapter constitutes a complete, additional, and alternative method to issue bonds to finance the costs of special needs housing. (Added by Stats. 2006, Ch. 748, Sec. 4. Effective January 1, 2007.)
  193. 51320.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. )

    Verify source ↗

    The agency may make or purchase loans for certain mobilehome park and manufactured housing purposes, and “loan” includes lease-purchase financing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. ) ## 51320. The agency may make or purchase loans for the following purposes: (a) To finance the acquisition, construction, or development of mobilehome parks that meet either of the following criteria: (1) Are cooperatively owned by persons and families of low and moderate income. (2) Consist of lots that will be purchased or rented primarily by persons and families of low and moderate income. However, if subsidies are available, the costs of renting spaces and making mortgage payments on manufactured housing shall be affordable to those persons of low income residing within the park. In the event of a mobilehome park owned by a nonprofit corporation which will own the lots and the mobilehomes, the loans may include financing of park acquisition, construction, or development and manufactured housing acquisition. (b) To finance the purchase of manufactured housing to be placed in a mobilehome park which is financed pursuant to subdivision (a). (c) For the purposes of this chapter, “loan” shall include lease-purchase financing. (Amended by Stats. 1993, Ch. 1105, Sec. 6. Effective January 1, 1994.)
  194. 51321.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. )

    Verify source ↗

    The agency may issue revenue bonds, subject to this chapter’s limits, to finance loans for the purposes described in Section 51320.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. ) ## 51321. Subject to the limitations of this chapter, the agency may, in addition to any other power conferred by this part, issue revenue bonds as provided in Chapter 7 (commencing with Section 51350) to finance the making or purchase of loans made for the purposes described in Section 51320. (Added by Stats. 1993, Ch. 1105, Sec. 7. Effective January 1, 1994.)
  195. 51321.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. )

    Verify source ↗

    The agency has power to issue bonds for chapter purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. ) ## 51321.3. For the purposes of this chapter, the agency shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys, insurance premiums, underwriting fees, legal, accounting, and marketing services incurred in connection with the issuance and sale of bonds, including bond and mortgage reserve accounts, trustee, custodian, and rating agency fees, and other costs reasonably related to the foregoing. (Added by Stats. 1993, Ch. 1105, Sec. 8. Effective January 1, 1994.)
  196. 51321.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. )

    Verify source ↗

    The agency may insure or guarantee loans for the purposes described in Section 51320, but only subject to this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. ) ## 51321.6. Subject to the provisions of this part, the agency may insure or guarantee loans made for the purposes described in Section 51320. (Added by Stats. 1993, Ch. 1105, Sec. 9. Effective January 1, 1994.)
  197. 51322.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. )

    Verify source ↗

    The agency may set maximum purchase prices, loan amounts, and loan terms for manufactured housing tied to Section 51320 activities, and financed rental mobilehome parks must follow the same conditions that apply to housing sponsors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.5. Manufactured Housing [51320 - 51322] ( Chapter 6.5 added by Stats. 1980, Ch. 1136. ) ## 51322. With respect to any of the activities undertaken pursuant to Section 51320, the agency may establish maximum purchase prices for manufactured housing and maximum loan amounts and loan terms, as it deems necessary to protect the state’s credit, while still permitting persons and families of low and moderate income to purchase manufactured housing at affordable housing costs. Rental mobilehome parks financed pursuant to Section 51320 shall be subject to the same conditions applicable to housing sponsors pursuant to Article 5 (commencing with Section 51200) of Chapter 4 of Part 3. (Added by Stats. 1980, Ch. 1136.)
  198. 51325.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 1. General Provisions [51325- 51325.] ( Article 1 added by Stats. 1982, Ch. 155, Sec. 5. )

    Verify source ↗

    This section says the chapter’s purpose is to meet multifamily rental housing needs for low- or moderate-income persons and families, and it exempts certain agency bonds, their transfer, and related income from state and local taxation except inheritance and gift taxes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 1. General Provisions [51325- 51325.] ( Article 1 added by Stats. 1982, Ch. 155, Sec. 5. ) ## 51325. The primary purpose of this chapter is to meet the multifamily rental housing needs of persons and families of low or moderate income. The exercise of the powers granted by this division shall be in all respects for the benefit of the people of this state and for their health and welfare. Therefore, any bonds issued by the agency, pursuant to this chapter, their transfer, and the income therefrom shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state, excepting inheritance and gift taxes. (Added by Stats. 1982, Ch. 155, Sec. 5. Effective April 9, 1982.)
  199. 51330.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 2. Financing [51330 - 51336] ( Article 2 added by Stats. 1982, Ch. 155, Sec. 5. )

    Verify source ↗

    The agency may issue revenue bonds and use them to finance multifamily rental housing and related necessary capital improvements, subject to chapter limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 2. Financing [51330 - 51336] ( Article 2 added by Stats. 1982, Ch. 155, Sec. 5. ) ## 51330. Subject only to the limitations of this chapter, the agency may, in addition to any other power conferred by this part, issue revenue bonds as provided in Chapter 7 (commencing with Section 51350) for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing and for the provision of capital improvements in connection with, and determined necessary to, such multifamily rental housing. (Amended by Stats. 1996, Ch. 27, Sec. 5. Effective April 8, 1996.)
  200. 51331.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 2. Financing [51330 - 51336] ( Article 2 added by Stats. 1982, Ch. 155, Sec. 5. )

    Verify source ↗

    The agency may make or commit to make loans to housing sponsors for multifamily rental housing, and it must enter into regulatory contracts and other agreements with loan recipients to ensure compliance.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 3. CALIFORNIA HOUSING FINANCE AGENCY [50900 - 51532] ( Heading of Part 3 amended (as amended by Stats. 1994, Ch. 94) by Stats. 2000, Ch. 471, Sec. 17.5. ) ## CHAPTER 6.7. Multifamily Rental Housing [51325 - 51340] ( Chapter 6.7 added by Stats. 1982, Ch. 155, Sec. 5. ) ## ARTICLE 2. Financing [51330 - 51336] ( Article 2 added by Stats. 1982, Ch. 155, Sec. 5. ) ## 51331. Subject only to the limitations prescribed in this chapter, the agency, in addition to any other power conferred by this part with respect to multifamily rental housing and housing developments, may make or undertake commitments to make loans to housing sponsors to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing. For this purpose, the agency shall enter into regulatory contracts and other agreements with housing sponsors receiving loans pursuant to this chapter to ensure compliance with this chapter. (Amended by Stats. 2000, Ch. 553, Sec. 5. Effective January 1, 2001.)

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