Section 8120 - Occupancy Requirements(a) In each rental housing development assisted by the program, and for the full term of the program loan, the following requirements shall apply: (1) Not less than thirty percent of all units shall be assisted units.(2) Not less than two-thirds of the assisted units shall be very low-income units. The department may approve a lesser percentage if it determines that it is not feasible to achieve fiscal integrity with the required percentage.(b) In each community housing development assisted by the program, and for the full term of the program loan, not less than twenty percent nor more than thirty percent of the assisted units shall be occupied by elderly persons or households. The balance of units shall be available on a priority basis, or occupied by, families with children. For purposes of this section, "families with children" means one or more individuals, who have not attained the age of 18 years, being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody with the written permission of such parent or other person. "Families with children" also includes any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.(c) In each congregate housing development assisted by the program, and for the full term of the program loan, at least a majority of the units shall be available on a priority basis, or occupied by, families with one or more minor children. The balance of units shall be available on a priority basis, or occupied by elderly persons or households.(d) For projects involving rehabilitation, a unit in a rental housing development may be designated as an assisted unit if at the time of initial application for the program loan:(1) the unit is occupied by an eligible household;(2) the unit is vacant and will be made available to, or occupied by, an eligible household; or(3) a noneligible household residing in the unit has agreed not to return to the unit after rehabilitation as evidenced by a signed written waiver of the tenant's right to return to the unit pursuant to section 7265.3(d) of the Government Code. Any tenant giving such waiver must have been given the notice specified in section 8125.(e) For projects involving rehabilitation, the sponsor shall, at a minimum, designate as assisted units the greater of:(1) number of units reasonably known by the sponsor to be occupied by eligible households at the time of initial application for the program loan, or(2) thirty percent of all units in the rental housing development.(f) For projects involving rehabilitation of a community housing development, the size, type, and amenity level of assisted units after rehabilitation shall not differ substantially from the size, type, and amenity level of units known to be occupied by eligible households at the time of initial application for the program loan. Units reconfigured or enlarged to alleviate overcrowding shall not be considered a violation of this provision.(g) Each community housing development shall include a range of unit sizes, including the provision of three bedroom or larger units.(h) Assisted units shall not differ substantially in size or amenity level from nonassisted units with the same number of bedrooms, and lower-income units shall not differ from very low-income units. Assisted units shall not be segregated from nonassisted units, and very low-income units shall not be segregated from other lower-income units. Within these limits, sponsors may change the designation of a particular unit from assisted to nonassisted, or lower-income to very low-income, and vice versa, over time.(i) For the full loan term, the number, size, type, and amenity level of lower-income and very low-income units shall not be fewer than the number nor different from the size, type and amenity level described in the Regulatory Agreement.Cal. Code Regs. Tit. 25, § 8120
1. New section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No. 16). Note: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety Code. Reference: Sections 50888.3, 50891(a), 50893.3 and 50893.7, Health and Safety Code.
1. New section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No. 16).