Statutes, codes, and regulations
California Code Of Regulations
Title 25 - Housing and Community DevelopmentDivision 1 - Housing and Community DevelopmentChapter 7 - Department of Housing and Community Development ProgramsSubchapter 17 - State Home Investment Partnership Act Program
Article 3 - Application for Funding Procedures
Section 8213 - Conditional Reservation of Funds

Cal. Code Regs. tit. 25 § 8213

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 8213 - Conditional Reservation of Funds
(a) The Department will rate, rank and issue conditional reservations of funds for applications based on its review of all of the eligible activities for which funds are requested in the application. Rating scores for each of the factors set forth in Section 8212(b), (c) and (d) will be totaled by the Department. Those project applications which receive the minimum required number of points, as specified in 8212(d), and all eligible program applications will receive conditional reservations in the order in which they are ranked within their respective allocations pursuant to 8212.1 with the higher point score funded first. Those applications which are to be funded wholly from any set-aside, because all proposed activities are eligible to qualify as set-aside activities, shall be funded first based on their score within their respective allocations. Once the set-aside has been achieved, all remaining applications will be funded based on their score relative to all other remaining applications in their respective allocations.
(b) Only one project on Native American Lands, as defined in Section 8201 (y)(1) and (2) is guaranteed HOME program funding in each NOFA. Developers with a project located on Native American Lands shall be rated and ranked against each other; the top ranked project, after first meeting the HOME program requirements for funding CHDO and rural projects, will be awarded HOME funds. Developers that are proposing a project on Native American Lands must be a Native American Entity or an entity having co-ownership with a Native American Entity. The rating and ranking of applicants (for projects on Native American Lands) will not be subject to meeting any minimum point score. The Developer projects that are not top ranked (for projects on Native American Lands) will be competitively rated against cities, counties, CHDOs and other Developers (for projects not on Native American Lands) pursuant to 8213(a).
(c) In the case of a tied score, the application demonstrating the highest poverty level shall receive the higher ranking.
(d) In the event there are insufficient funds to fund an applicant's whole program, the applicant may be offered the amount of funds available, provided it is sufficient to complete a portion of the application which, if evaluated separately, would have been awarded funds.
(e) Applications shall be funded subject to the availability of funds.

Cal. Code Regs. Tit. 25, § 8213

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8214 to section 8215 with amendment of NOTE and renumbering of former section 8215 to section 8216 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8213 to new section 8211, and renumbering of former section 8215 to new section 8213, including amendment of subsection (a) and NOTE filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of section heading and subsection (a) and repealer of subsection (e) filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).
7. Amendment of subsection (a) filed 8-12-2005; operative 9-11-2005 (Register 2005, No. 32).
8. Amendment of subsection (a) filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 50).
9. New subsection (b) and subsection relettering filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Section 92.150; and Sections 50896, 50896.1 and 50896.3, Health and Safety Code.

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8214 to section 8215 with amendment of Noteand renumbering of former section 8215 to section 8216 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8213 to new section 8211, and renumbering of former section 8215 to new section 8213, including amendment of subsection (a) and Notefiled 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of section heading and subsection (a) and repealer of subsection (e) filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).
7. Amendment of subsection (a) filed 8-12-2005; operative 9-11-2005 (Register 2005, No. 32).
8. Amendment of subsection (a) filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4(Register 2007, No. 50).

9. New subsection (b) and subsection relettering filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).