Section 8137 - Management and Maintenance(a) The sponsor shall be responsible for all management functions of the rental housing development including selection of the tenants, annual recertification of household income and size, evictions, and collection of rent.(b) The sponsor is responsible for all repair and maintenance functions of the rental housing development, including ordinary maintenance and replacement of capital items. The sponsor shall maintain the residential units; the commercial space, if any; the child care center, if any; children's play area, if any; the community room, if any; and other common areas; in accordance with the Regulatory Agreement; local health, building, and housing codes and the management plan.(c) For each congregate housing development, the sponsor shall require tenants to share responsibility for maintaining and cleaning the common areas. The sponsor shall enter into a resident management agreement with residents, subject to the approval of the department prior to execution, which shall: (1) specify tenant and sponsor maintenance responsibilities and shall provide that the tenant shall not be financially responsible for any repair or replacement costs associated with maintaining the property;(2) specify procedures for amending the agreement; and(3) specify enforcement procedures for noncompliance.(d) The sponsor, with the prior approval of the department, may contract with a management agent for the performance of the services or duties required in subdivision (a) or (b), or both, and to supplement the tenants' responsibilities set forth in subdivision (c). However, such an arrangement does not relieve the sponsor of responsibility for proper performance of these duties. Such contract shall be subject to department approval and contain a provision allowing the sponsor to terminate the contract upon thirty days' notice. The sponsor shall terminate said contract if directed by the department upon determination that management of the rental housing development does not comply with program requirements.(e) The sponsor shall develop a management plan, subject to department approval prior to loan closing. The plan shall be consistent with this subchapter and shall include the following: (1) a description of the role and responsibility of the sponsor and its delegation of authority, if any, to a managing agent;(2) personnel policy and staffing arrangements of both the sponsor and any managing agent;(3) plans and procedures for publicizing and achieving early and continued occupancy;(4) the tenant selection plan as described in section 8121(a);(5) procedures for determining tenant eligibility and for certifying and annually recertifying household income and size;(6) plans for carrying out an effective maintenance and repair program, including the terms of the resident management agreement, if the rental housing development is a congregate housing development;(7) rent collection policies and procedures;(8) a description of a program for maintaining adequate accounting records and handling necessary forms and vouchers;(9) plans for enhancing tenant-management relations;(10) the management agreement, if any;(11) a description of supportive service programs or job training and placement programs operated by the management agent, if any;(12) provisions for periodic update of the management plan;(13) for limited equity housing cooperatives, plans for board and member training and education;(14) appeal and grievance procedures;(15) plans for collection of payments for tenant-caused damages;(16) plans for processing evictions and terminations; and(17) equal opportunity provisions that apply to hiring and renting.Cal. Code Regs. Tit. 25, § 8137
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: Section 50893.9, 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).