Section 7812 - Eligible Projects(a) To be eligible for assistance under sponsor development component, the applicant must be the Agency or a local finance entity and a project must be a rental housing development with a sponsor and financed with below-market interest rate financing. In the rental housing development, no less than thirty percent (30%) of the units will be assisted units and no less than twenty percent (20%) of the units shall be available on a priority basis to or occupied by very low- income households, including all households with income equal to or less than fifty percent (50%) of the area median income adjusted for family size.(b) To be eligible for assistance under the rights of occupancy component, a project must be a rental housing development with a sponsor in which a local housing authority will obtain rights of occupancy to at least thirty percent (30%) of the units, and no less than twenty percent (20%) of the units shall be available on a priority basis to or occupied by very low-income households, including all households with income equal to or less than fifty percent (50%) of the area median income adjusted for family size.(c) To be eligible for assistance under the housing authority development component, a project must be a rental housing development: (1) to be developed, constructed, owned and operated by a local housing authority;(2) in which all of the units will be available to or occupied by eligible households at affordable rents; and(3) in which two-thirds of the units will be available on a priority basis to or occupied by very low income households, and one-third available on a priority basis to or occupied by other low-income households.(d) No development shall be eligible for assistance under this subchapter unless construction commenced on or after July 1, 1980. "Construction" for the purposes of this subdivision shall mean on-site improvements including the construction of the rental units and related structures, and excluding demolition, land fill, grading and site improvements intended for public dedication including sewers, utilities, and streets.(e) No development shall be eligible for assistance under this subchapter unless: (1) the locality in which the project will be located has an adopted housing element pursuant to Section 65302(c) of the Government Code which the Department has found to be in conformance with Section 65302(c) of the Government Code, or the locality, prior to approval of the project application, has an extension from the Office of Planning and Research pursuant to Government Code, Section 65302.6, to prepare a housing element; or(2) the Department makes the following findings:(A) that the proposed housing development has a satisfactory level of compliance with the priorities as set forth in Section 7804; and(B) that there exists in the region a severe housing shortage for low and moderate income households, and notwithstanding the locality's failure to comply with State housing element requirements, there exists such an overriding need for the particular proposed housing development that state funding is justified. Where the proposed housing development is a subdivision under the State Subdivision Map Act, the requirements of that Act and Government Code Section 66473.5, shall be met.
Cal. Code Regs. Tit. 25, § 7812
1. Amendment filed 11-13-80 as an emergency; effective upon filing (Register 80, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16). Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50736, 50745, 50755, 50765, Health and Safety Code.
1. Amendment filed 11-13-80 as an emergency; effective upon filing (Register 80, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).