Cal. Code Regs. tit. 25 § 7902

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 7902 - Definitions

The following definitions shall govern the Program:

"Assisted property" means property which has been purchased with assistance under the Program.

"Code" means the California Health and Safety Code.

"Committee" means the Committee established pursuant to Title 25, California Administrative Code, Section 6902(d).

"Converted" means, with respect to a rental unit or housing development, a change in tenure from rental to condominium or cooperative ownership where a final public report has been issued by the California Department of Real Estate relating to such change in ownership.

"Cooperative corporation" means an entity established as as a stock cooperative corporation as defined by Section 11003.2 of the Business and Professions Code.

"Debt service" means the total monthly payments of principal and interest on a mortgage loan for the assisted property, any loan insurance fees associated with the loan, property taxes and assessments, and fire and casualty insurance. Where debt service is in connection with purchase of a space or a right of occupancy of a space in a mobilehome part, such debt service shall include any debt service which exists with regard to a mobilehome located on such space.

"Department" means the California Department of Housing and Community Development.

"Development cost" means the aggregate of all costs incurred in connection with construction of a mobilehome park including, but not limited to, the cost of:

(1) land acquisition, whether by purchase or lease;

(2) overhead, including engineering, architectural, legal and accounting fees;

(3) construction of the mobilehome spaces and related structures;

(4) off-site improvements, including utilities, sewers and streets;

(5) construction of necessary support and community facilities;

(6) necessary on-site improvements;

(7) acquisition and installation of mobilehomes, including accessory buildings and structures as defined in Section 19213 of the Code; and

(8) moving expenses of households displaced as a result of the development of the mobilehome park.

Development costs do not include the cost of permanent financing of a mobilehome park or mobilehome space.

"Down payment" means an initial payment made by a purchases which contributes to the purchase of assisted property.

"Eligible Household" means a person or family:

(1) whose income does not exceed the median income of the county in which the property eligible to to purchased under this Program is located. Such income shall be calculated in accordance with adjustments for family size established or published by the Department;

(2) who does not at the time assistance is provided to it under the Program, or has not in the three (3) years immediately preceding the provision of such assistance, owned any residential real property, other than a mobilehome not affixed to permanent foundation;

(3) who has not previously received any direct assistance under this Program; and

(4) who would be unable to purchase eligible property without assistance under the Program as determined by Section 7908.

The provision of assistance pursuant to Section 7904(a) (3) shall not be construed to render a household ineligible for assistance pursuant to Section 7904(a) (4) of these regulations.

"Financial assistance" means monies from the Fund.

"Fund" means the Homeownership Assistance Fund.

"Governmental agency" means a city, county, or city and county within the State and any department, division, or public agency of the State including a housing authority, redevelopment agency, or community development commission; or two or more of such entities acting jointly; or the duly constituted government body of an Indian reservation or rancheria.

"Gross income" means all income as defined by Title 25, California Administrative Code, Section 6914 excluding the definition of "net family assets" in subdivision (b) of Section 6914 which for the purpose of the Program shall be defined as provided in Section 7908 (b) of these regulations.

"Improvements" means substantial repairs, renovations or additions undertaken with respect to property purchased with assistance under the Program, which increase the value of such property or bring such property into conformance with local or state building or housing standards.

(1) "improvements" includes:

(A) replacement of built-in appliances, fixtures and equipment which were originally sold as part of the unit, and will remain a part of the unit, or replacement of structural components of the unit, including a roof, plumbing and electrical systems, provided that replacement is required by the nonoperative, deteriorated, or obsolescent nature of the original appliance, fixture equipment or structural component;

(B) replacement to the common area of a condominium cooperative or mobile home park resulting in a mandatory assessment by a homeowners association or cooperative corporation and;

(C) permanent additions to the unit including, but not limited to, rooms, carports, cabanas, awnings, decks, air conditioning.

(2) "Improvements" does not include:

(A) Routine or cosmetic maintenance such as painting and replacement of carpet, broken windows and screens which is necessary due to normal wear and tear; and

(B) replacement or repair of items damaged or destroyed because of a fire or natural disaster, unless such activity is necessary to bring such property into conformance with local or state building or housing standards.

"Interim financing" means a short-term mortgage loan which is repaid when permanent financing is secured. "Interim financing" includes a land acquisition loan and a construction loan to finance the construction of land improvements.

"Mobilehome" means a structure as defined by Section 18211 of the Code.

"Mobilehome park" means a mobilehome site as defined by Section 18214 of the Code and, for the purposes of this program, shall include sites where spaces are individually owned by occupants of the park or owned by a stock cooperative corporation.

"Monthly housing cost" means the total of monthly payments of principal and interest on a mortgage loan or loans, any loan insurance fees associated with the loan(s), property taxes and assessments, fire and casualty insurance, property maintenance and repairs, utilities (not including telephone service), homeowner association fees and assessments and space rent, if any.

Where "monthly housing costs" are in connection with the purchase of a space or a right of occupancy of space in a mobilehome park, "monthly housing costs" shall include any housing costs which exist with regard to a mobilehome located on such space.

"Mortgage lender" means a bank or trust company, mortgage banker, federal or state chartered savings and loan association, governmental agency, credit union or other financial institution certified in accordance with Section 7910.

"Nonprofit corporation" means a nonprofit corporation incorporated pursuant to Part 1 (commencing with Section 5000) of Division 2 of Title 1 of the Corporations Code and includes a cooperative corporation.

"Permanent foundation" means a mobilehome foundation system as defined or approved by the Department pursuant to Section 18551 of the Code and Section 1333, Chapter 2, Title 25, California Administrative Code.

"Program" means the Homeownership Assistance Program.

"Property" includes any real or personal property, the purchase of which is eligible for assistance under the Program. "Property" includes a converted rental unit, mobilehome or mobilehome park space, and a share in a cooperative corporation including a dwelling unit which is the subject of such share.

"Purchase price" means the price paid by an eligible purchaser to a seller of property to be purchased with assistance under the Program and shall equal the amount on which the transfer tax is paid in connection with the purchase of the property.

"Purchaser" means an eligible household or a nonprofit corporation which is purchasing or has purchased property with assistance under the Program.

"Recipient" means a household or nonprofit corporation which has received financial assistance under the Program.

"Rental unit" means a dwelling unit in rental housing or a space, or a mobilehome in mobilehome park where the occupant rents the space, the mobilehome or both.

"Rural area" means any open country or any place, town, village, or city which by itself and taken together with any other places, towns, villages or cities that it is part of or associated with:

(1) has a population not exceeding 10,000 or

(2) has a population not exceeding 20,000 and is contained within a nonmetropolitan area.

"Rural Area" also includes any open country, place, town, village, or city located within a Standard Metropolitan Statistical Area if the population thereof does not exceed 20,000 and the area is not part of, or associated with, an urban area and is rural in character.

"Sales price" means the amount for which assisted property is sold by a recipient under the Program. The sales price shall equal the price in which the transfer tax is paid except if the buyer assumes existing loans or buys the assisted property subject to existing loans in which case the sales price should equal the principal amount owing on such existing loans plus the price on which the transfer tax is paid.

"Sales proceeds" means the amount of funds received by a recipient under the Program from the sale of assisted property by such recipient as reflected by the sales price minus closing costs, real estate commissions and any other costs incurred by the recipient in selling the assisted property.

"Share" means a proportional interest in a cooperative corporation entitling the holder to reside in a converted rental unit or mobilehome park owned or leased by the cooperative corporation.

"Site control" includes actual ownership of a site, the right to purchase a site under a contract to purchase or option agreement, or such other control of ownership or possession of site as the Department considers satisfactory.

"State contract" means a contract between the Department and governmental agency as provided in subdivision (b) of Section 7914.

Cal. Code Regs. Tit. 25, § 7902

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).
3. Amendment filed 6-11-81 as an emergency; effective upon filing (Register 81, No. 25).
4. Order of Repeal of 6-11-81 emergency order filed 6-19-81 by OAL pursuant to Government Code Section 11349.6 (Register 81, No 25).
5. Amendment filed 7-6-81 as an emergency; effective upon filing (Register 81, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-3-81.
6. Certificate of Compliance as to 7-6-81 order transmitted to OAL 10-23-81 and filed 11-18-81 (Register 81, No. 47).
7. Amendment filed 4-30-82; effective thirtieth day thereafter (Register 82, No. 18).

Note: Authority cited: Sections 50406, 50776, and 50777, Health and Safety Code. Reference: Sections 50775, 50776, 50777 and 50778, Health and Safety Code.