Section 7202 - DefinitionsIn addition to the definitions found in Chapter 2 (commencing with Section 50050), of Part 1 of Division 1 of the Health and Safety Code, the following definitions and, for rental housing developments only, those found in the Uniform Multifamily Regulations ("UMRs") (Chapter 7, subchapter 19, Section 8301), shall apply to this subchapter. In the event of a conflict between the following definitions and those found in the UMRs, the following definitions prevail for the purpose of this subchapter. References to code sections refer to sections of these regulations unless otherwise noted:
(a) "Agricultural employment" means employed in the cultivation and tillage of the soil; the production, cultivation, growing and harvesting of any agricultural or horticultural commodities; the raising of livestock, bees, furbearing animals, or poultry; dairying, forestry, and lumbering operations; and any work on a farm as incident to or in conjunction with such farming operations, including the delivery and preparation of commodities for market or storage.(b) "Agricultural household" means an agricultural worker or workers and other persons who reside or will reside with an agricultural worker in an assisted unit.(c) "Agricultural worker" means an individual who derives or prior to retirement or disability derived a substantial portion of his/her income from agricultural employment.(d) "Applicant" means an organization that applies for a loan and/or grant from the Fund.(e) "Assistance" means a loan and/or grant provided from the Fund to an applicant, or a grant made directly to an agricultural worker.(f) "Assisted unit" means a residential housing unit that is purchased, developed or rehabilitated with assistance from the Fund and is subject to the occupancy, resale, or rent restrictions imposed by this Subchapter.(g) "Award" means a commitment of money from the Fund in the form of a grant or a loan that is made to a recipient by the Department.(h) "Borrower" means an eligible organization that has applied for, or has received approval for, a loan from the Fund. The term "borrower" shall include successors in interest and assignees of a borrower.(i) "CalHFA" means the California Housing Finance Agency.(j) "Cash investments" include but are not limited to:(1) Recipient's cash contribution;(2) Private financial assistance;(3) Local public entity financial assistance;(4) State financial assistance from programs other than the Fund;(5) Federal government financial assistance.(k) "Department" means the California Department of Housing and Community Development.(l) "Fiscal Integrity," with respect to a Rental Housing Development, means that the total Operating Income plus funds released pursuant to the Regulatory Agreement from the operating reserve account is sufficient to: (1) pay all current Operating Expenses (including asset management fees and deferred developer fees, if permitted by the Regulatory Agreement);(2) pay all current debt service (excluding deferred interest);(3) fully fund all reserve accounts (other than the operating reserve account) established pursuant to the Regulatory Agreement; and(4) pay other extraordinary costs permitted by the Regulatory Agreement. The ability to pay any or all of the permitted annual Distributions shall not be considered in determining Fiscal Integrity.(m) "Fund" means the Joe Serna, Jr. Farmworker Housing Grant Fund.(n) "Grant" means a commitment of money from the Fund in the form of a grant that is made to a grantee by the Department.(o) "Grantee" means an eligible organization that has applied or has received approval for a grant from the Fund. The term "Grantee" shall include successors in interest and assignees of a grantee.(p) "Grant Agreement" means the written agreement between the department and the developer of a rental housing development receiving a grant or the developer of an ownership housing project, as more fully described in Section 7226, ensuring compliance with construction, financial and program obligations.(q) "Housing cost"--for homeownership, see Title 25, California Administrative Code, Section 6920.(r) "Housing development" means residential housing and related support facilities necessary to such housing that receives assistance from the Fund and includes assisted housing units.(s) "In-kind contributions" include but are not limited to contributions directly related to the housing development in the form of:(1) labor and/or other eligible services;(2) land and/or site development;(t) "Limited Partnership" means a "limited partnership" as defined in Section 171.5 of the Corporations Code and in which each general partner is a nonprofit public benefit corporation, a limited liability company where all the members are nonprofit public benefit corporations, or a combination of both.(u) "Local public entity" means any county, city, city and county, redevelopment agency or public housing authority, and also includes any state agency, public district or other political subdivision of the state, and any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low income. It also includes the governing body or housing authority of a federally recognized Indian tribe. It also includes two or more local public entities acting jointly.(v) "Low/lower income household"--see Title 25, California Administrative Code Section 6928.(w) "Manufactured housing" means a mobilehome, as defined by Health and Safety Code Section 18008.(x) "Matching share" means the proceeds of loans, cash investments, or in-kind contributions that the recipient commits to the total development or rehabilitation cost of the housing development. The Department will determine the valuation and eligibility of a proposed matching share where necessary.(y) "Net income"--see Title 25, California Administrative Code, Section 6916.(z) "NOFA" is the acronym for Notice of Funding Availability. The NOFA is the document used by the department to announce that funds are available and applications may be submitted.(aa) "Nonprofit Corporation" means the same as "nonprofit corporation" defined in Health and Safety Code Section 50091.(bb) "Program" means the Joe Serna, Jr. Farmworker Housing Grant Program.(cc) "Project" means: the acquisition, rehabilitation, and/or construction of a rental housing development; or the construction of single-family homes where the title to the homes will be transferred to an Agricultural Worker.(dd) "Project organization or planning costs" include developer fees.(ee) "Recipient" means an eligible organization that has applied or has received approval for an award of funds in the form of a grant or loan from the Fund. The term "Recipient" shall include successors in interest and assignees of a recipient.(ff) "Regulatory Agreement" means the written agreement between the Department and a Borrower that will be recorded as a lien on the rental housing development to control the use and maintenance of the project, including restricting rent and occupancy of assisted units.(gg) "Rehabilitation" means repairs and improvements to a dwelling unit necessary to make it a modest, decent, safe, and sanitary dwelling which meets applicable state and local building and housing standards mandated by the enforcement agency.(hh) "Related support facilities" include but are not limited to: (1) water and sewer facilities and other utilities directly related to the proposed housing development.(2) physical improvements for child care services, recreational activities, meeting room(s) all of which are intended for use of project residents.(3) solar and other alternative energy efficient systems.(ii) "Rental Housing Development" means the same as "Rental Housing Development" as defined in subsection (o) of Section 8301.(jj) "Rural Development" or "RD" means the United States Department of Agriculture acting through the Rural Housing Service, formerly knows as the Farmers Home Administration.(kk) "Subsequent Grant Agreement" means the written agreement between the Department and an Agricultural Household purchasing an owner-occupied unit used to ensure compliance with Program requirements as further described in Section 7228.(ll) "Very low income"--see Title 25, California Administrative Code, Section 6926.Cal. Code Regs. Tit. 25, § 7202
1. Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 7).
2. Amendment of definitions of "Grant" and "Grantee" and repealer of definition of "Nonprofit corporation" filed 10-1-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 40).
3. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14). Note: Authority cited: Sections 50402 and 50406, Health and Safety Code. Reference: Section 50517.5, Health and Safety Code.
1. Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 7).
2. Amendment of definitions of "Grant" and "Grantee" and repealer of definition of "Nonprofit corporation" filed 10-1-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 40).
3. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14).