Cal. Code Regs. tit. 4 § 5170
In addition to the definitions set forth in Government Code section 8869.82 and unless otherwise required by the context, the following terms as used in this chapter are defined as follows:
"Adaptive Reuse" means the retrofitting and repurposing of existing buildings that create new Qualified Residential Rental Project units for the market, and expressly excludes any Project that involves rehabilitation or any construction affecting existing residential rental units.
"AMI" or "Area Median Income" means the median family income of a county as set by the U.S. Department of Housing and Urban Development.
"At Risk Project" means a property that is at risk of conversion as defined by Revenue and Taxation Code section 17058(c)(4) and by section of Title 410325(g) of Title 4 of the California Code of Regulations; or a property that otherwise meets all requirements of Revenue and Taxation Code section 17058(c)(4) and section of Title 410325(g) of Title 4 of the California Code of Regulations, except that the federal assistance due to expire within five (5) calendar years of application to the Committee may include a tax-exempt private activity Bond regulatory agreement.
"BIPOC Entity" means an entity that is at least 51% owned, managed, and controlled by one or more Black, Indigenous, or Other People of Color or by a non-profit organization with a Black, Indigenous, or Other Person of Color executive director/Chief Executive Officer (CEO) and board membership that is comprised of at least 51% Black, Indigenous, and Other People of Color. For purposes of this paragraph, Black, Indigenous, or Other People of Color means a person who checked the Black or African American, American Indian and Alaska Native, Asian, or Native Hawaiian and Other Pacific Islanders race category or who answered yes to the Hispanic Origin question on the 2020 United States Census.
"BIPOC Project" means a Qualified Residential Rental Project for which the sponsor is a BIPOC Entity. A BIPOC Project may be a New Construction Project, Rural Project, Preservation Project, or Other Rehabilitation Project. The partnership agreement of a BIPOC Project must allocate at least 51% of the developer fee, cash flow, and net sale proceeds to the BIPOC Entity and provide the BIPOC Entity an option to purchase the development. A BIPOC Project does not include a project for which any principal, partner, affiliate, parent organization, or member of the sponsor entity is eligible to receive maximum General Partner Experience points pursuant to Section 10325(c)(1)(A) of the CTCAC regulations unless those points are awarded to a principal of the BIPOC Entity who no longer is employed by the developer of, or has an ownership interest in, the project(s) which form the basis of the experience points.
"Bond and State Credit Allocation" means the Allocation plus any California State Tax Credits requested from CTCAC for an individual QRRP Project.
"Capital Needs Assessment" means a document containing the information defined in section 5212.
"Community Revitalization Area" means one of the following areas for which a comprehensive Community Revitalization Plan has been adopted and efforts specific to that plan have occurred:
"Community Revitalization Plan" means a plan for contributing to concerted community revitalization efforts as demonstrated by a letter from a local government official. The letter shall explain how the proposed project will contribute to the community's planned revitalization and include, but is not limited to, a description of the following community engagement, investment, and other revitalization efforts:
"CTCAC/HCD Opportunity Area Map" shall have the same meaning as in Section 10302(ccc) of the CTCAC regulations. An applicant may choose to utilize the census tract or census block group resource designation, as applicable, from the CTCAC/HCD Opportunity Maps in effect when the initial site control was obtained up to seven calendar years prior to the application. Projects located in map areas designated as "Missing/Insufficient Data" or similar designation shall be considered to be in the resource area that most frequently surrounds the perimeter of the Project's map area.
"Energy Star" means the certification satisfying the requirements of 42 U.S.C. section 6294(a).
"Federal Promise Zone" means any area with a continuous boundary and a population of not more than 200,000 that is nominated by a local government or Indian tribe and designated by the U.S. Department of Housing and Urban Development to receive priority for Federal funding on the basis of its unemployment, poverty, vacancy, and crime rates.
"FHA" means Federal Housing Administration.
"FHA Financed Project" means a project financed under 221(d)3, 221(d)4, 223(f) Federal Housing Administration insurance program, or the Section 202 or 811 Capital Advance program, or any HUD- sponsored capital financing pilot program.
"Final and Conclusive Determination Letter" means a written confirmation from the Department of Finance (DOF) that its determination of an enforceable obligation as approved in a recognized obligation payment schedule is final and conclusive, and reflects DOF's approval of subsequent payments made pursuant to the enforceable obligation.
"Gross Rent" means gross rent as defined by 26 U.S.C. section 42(g)(2)(B). Utility allowances, as provided by 26 U.S.C. section 42(g)(2)(B)(ii), will be included for purposes of this calculation. Projects that are At Risk Projects or Projects that request low income housing tax credits are required to use Gross Rents for the calculation of restricted rents.
"Hard Costs" means the cost of the work specified in a construction contract, including site work, excluding contractor profit, general requirements and contractor overhead.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Development Acknowledgement Letter" means HUD correspondence outlining that a project has submitted an application for FHA financing, that the application has been deemed complete, and that HUD is committed to providing the project with a Firm Commitment Letter prior to the issuance expiration date of the project's Allocation.
"HUD Firm Commitment Letter" means a HUD loan commitment for FHA financing.
"MAP Lender" means a HUD-qualified lender that prepares FHA forms and performs preliminary underwriting for certain FHA loan applications.
"Native American Lands" means real property located within the State of California that meets both the following criteria:
"New Construction Project" means a QRRP project applying for an allocation of tax-exempt private activity bonds that meets at least one of the following:
"Other Rehabilitation Project" means a QRRP Project applying for an allocation of tax-exempt private activity bonds from the General Pool that is not eligible for treatment as a New Construction Project or a Preservation Project. In a Competitive Application Process, an Other Rehabilitation Project shall meet all of the following criteria:
"Permanent Supportive Housing" means a QRRP Project receiving points pursuant to Section 5230(g) as a Special Needs Project for which the minimum required percentage of special needs units are designated as "supportive housing" as that term is defined in Health and Safety Code Section 50675.14(b)(2). The project shall comply with the core components of Housing First, as defined in Welfare and Institutions Code Section 8255(b), with respect to the units designated as supportive housing.
"Preservation Project" means a QRRP Project applying for an allocation of tax-exempt bonds that is not a New Construction project and meets at least one of the following:
"Qualified Project Period" shall mean the same as defined in 26 U.S.C. section 142(d)(2)(A) and regulations promulgated thereunder, except that the minimum term shall be consistent with Section 5192.
"Rent Comparability Matrix" means the form by which the third party that has completed the Market Study provides information comparing the Project to comparable properties in the Project's market area and evidences that each of the Project's unit types has met the requirements of Section 5191(b).
"Residential Rental Regulatory Agreement" means a covenant recorded against the title of a subject property by a government entity limiting the property's use to rental housing and restricting tenant incomes and rents to no more than 80% of the Area Median Income of the County in which the property is located.
"Scattered Site Project" means multiple location Projects that:
"Standard QRRP Application" means the Application for an Allocation of the Qualified Residential Rental Project Pool titled "Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP)" (Revised 05-31-2018), which is hereby incorporated by reference.
"State of California Universal Application for the Development of Affordable Rental Housing" means the State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool (revised 8-13-10), which is hereby incorporated by reference.
"Supplemental Allocation" means the award of allocation to a Qualified Residential Rental Program Applicant for a Project that received previous Allocation.
"Universal Competitive Addendum" means the application addendum submitted along with a State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool titled "Competitive Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP) Universal Application Addendum" (revised 11-30-2018), which is hereby incorporated by reference.
"Universal Open Addendum" means the application addendum submitted along with a State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool titled "Non-Competitive Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP) Universal Application Addendum" (revised 11-30-2018), which is hereby incorporated by reference.
Cal. Code Regs. Tit. 4, § 5170
Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.
Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.
2. New chapter 2 (articles 1-9, sections 5170-5250), article 1 (section 5170) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New chapter 2 (articles 1-9, sections 5170-5250), article 1 (section 5170) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including new section heading and amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Repealer of definition of "Redevelopment Agency Housing Set Aside Program" filed 4-4-2012 as an emergency; operative 4-4-2012 (Register 2012, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" refiled with further amendments to those definitions 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
8. New definitions of "FHA," "FHA Financed Project," "HUD," "HUD Firm Commitment Letter," "MAP Lender" and "Scattered Site Project -Non-Competitive Round" and amendment of definitions of "Federally Assisted At Risk Project," "Scattered Site Project -Competitive Round," "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Supplemental Allocation Request Letter," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" filed 8-1-2012 as an emergency; operative 8-1-2012 (Register 2012, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
9. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum, and "Universal Non-Competitive Addendum" refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-4-2012 order, including amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP NonCompetitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum," transmitted to OAL 9-6-2012 and filed 9-27-2012 (Register 2012, No. 39).
11. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
12. New definitions of "FHA," "FHA Financed Project," "HUD," "HUD Firm Commitment Letter," "MAP Lender" and "Scattered Site Project" and amendment of definitions of "Federally Assisted At Risk Project," "Scattered Site Project -Competitive Round," "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Supplemental Allocation Request Letter," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" refiled 1-24-2013 as an emergency; operative 1-24-2013 (Register 2013, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2013 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-24-2013 order transmitted to OAL 4-17-2013 and filed 5-16-2013 (Register 2013, No. 20).
14. New definition of "Final and Conclusive Determination Letter" filed 6-3-2013 as an emergency; operative 6-3-2013 (Register 2013, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-2013 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 6-3-2013 order transmitted to OAL 11-14-2013 and filed 12-23-2013 (Register 2013, No. 52).
16. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" filed 7-10-2014 as an emergency; operative 7/10/2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 7-10-2014 order, including further amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum," transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1/13/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
18. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Non-Competitive Application," "Universal Competitive Addendum" and "Universal Non-Competitive Addendum" filed 3-13-2015 as an emergency; operative 3-13-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-9-2015 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 3-13-2015 order transmitted to OAL 5-21-2015 and filed 7/2/2015 (Register 2015, No. 27).
20. Amendment of definitions of "Community Revitalization Plan," "Standard QRRP Competitive Application," "Standard QRRP Open Application," "Universal Competitive Addendum" and "Universal Open Addendum," new definitions of "Federal Promise Zone," "High Quality Transit," "HUD Acknowledgement Letter," "Native American Lands," "Residential Rental Regulatory Agreement," "Scattered Site Project" and "Substantial Renovation Project" and repealer of definitions of "HOPE VI Project," "Scattered Site Project - Competitive Round" and "Scattered Site Project - Non-Competitive Round" filed 11-9-2015 as an emergency pursuant to Government Code section 8869.94; operative 11-9-2015 (Register 2015, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-9-2016 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 2-4-2016 order, including nonsubstantive amendment of section, transmitted to OAL 1-27-2016 and filed 3/10/2016 (Register 2016, No. 11).
22. Editorial correction of History 21 (Register 2016, No. 25).
23. Change without regulatory effect amending definitions of "Standard QRRP Competitive Application," "Standard QRRP Open Application," "Universal Competitive Addendum" and "Universal Open Addendum" filed 7-19-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 30).
24. Amendment of definition of "HUD Acknowledgement Letter" to "HUD Development Acknowledgement Letter," amendment of definitions of "State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project," "Standard QRRP Open Application," "Universal Competitive Addendum and Universal Open Addendum," new definitions of "Hard Costs" and "Other Restricted Units" and repealer of definition of "Sustainable Building Methods" filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
25. Refiling of 12-15-2016 action on 5-30-2017 as an emergency pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
26. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
27. Amendment filed 10-13-2017; operative 10/13/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
28. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Open Application" and "Supplemental Allocation Request Letter" and repealer of definitions of "Table 1" and "Table 2" filed 12-1-2017 as an emergency; operative 12/1/2017 (Register 2017, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-30-2018 or emergency language will be repealed by operation of law on the following day.
29. Change without regulatory effect repealing definition of "Standard QRRP Competitive Application" and renaming and amending former definition of "Standard QRRP Open Application" to new definition of "Standard QRRP Application" filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
30. Amendment of definitions of "Standard QRRP Competitive Application," "Standard QRRP Open Application" and "Supplemental Allocation Request Letter" and repealer of definitions of "Table 1" and "Table 2" refiled 5-25-2018 as an emergency, including amendment of definition of "Standard QRRP Application"; operative 5/31/2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-29-2018 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 5-25-2018 order transmitted to OAL 8-9-2018 and filed 9/21/2018 (Register 2018, No. 38).
32. Change without regulatory effect amending definitions of "Universal Competitive Addendum" and "Universal Open Addendum" filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).
33. Amendment of definition of "Federally Assisted At Risk Project," repealer of definitions of "New Construction" and "Other Restricted Units" and new definitions of "New Construction Pool," "Other Affordable Pool" and "Preservation Pool" filed 5-22-2020 as an emergency pursuant to Government Code section 8869.94; operative 5/22/2020 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 1-19-2021 or emergency language will be repealed by operation of law on the following day.
34. Emergency filed 5-22-2020 extended 60 days (Executive Order N-40-20). A Certificate of Compliance must be transmitted to OAL by 1-19-2021 or emergency language will be repealed by operation of law on the following day.
35. Amendment of definitions of "New Construction Pool", "Preservation Pool" and "Other Affordable Pool" filed 6-9-2020 as an emergency; operative 6/9/2020 (Register 2020, No. 24). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 2-5-2021 or emergency language will be repealed by operation of law on the following day.
36. Editorial correction of History 33 and History 34 (Register 2020, No. 44).
37. Amendment filed 2-1-2021 as an emergency pursuant to Governmental Code section 8869.94; operative 2/1/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
38. Reinstatement of section as it existed prior to 6-9-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2021, No. 15).
39. Refiling of 6-9-2020 order on 4-5-2021 as an emergency, with inclusion of amendments from 2-1-2021 order; operative 4/5/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 15). A Certificate of Compliance must be transmitted to OAL by 11-8-2021 or emergency language will be repealed by operation of law on the following day.
40. Reinstatement of section as it existed prior to 5-22-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2021, No. 17).
41. Amendment of definitions of "BIPOC entity," "BIPOC Project" and "Preservation Project" filed 5-10-2021 as an emergency; operative 5/10/2021 (Register 2021, No. 20). Emergency expiration extended 60 calendar days pursuant to Executive Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will be repealed by operation of law on the following day.
42. Refiling of 5-22-2020, 2-1-2021 and 4-5-2021 orders, including amendment of definitions of "CTCAC/HCD," "New Construction Project" and "Other Rehabilitation Project and repealer of definitions of "New Construction" and "Other Restricted Units" on 12-3-2021 as an emergency; operative 12/3/2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-3-2022 or emergency language will be repealed by operation of law on the following day.
43. Certificate of Compliance as to 12-3-2021 order, including amendment of definitions of "BIPOC Entity," "BIPOC Project," "Gross Rent," "New Construction Project" and "Preservation Project" transmitted to OAL 4-11-2022 and filed 5-23-2022; amendments operative 5/23/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 21).
44. Amendment filed 8-1-2022 as an emergency; operative 8/1/2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
45. Amendment refiled 2-9-2023 as an emergency; operative 2/9/2023 (Register 2023, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-10-2023 or emergency language will be repealed by operation of law on the following day.
46. Certificate of Compliance as to 2-9-2023 order, including further amendment of definitions of "BIPOC Entity," "Community Revitalization Plan," "Other Rehabilitation Project" and "Preservation Project," transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective 5/31/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 22).
47. Repealer of definition of "Supplemental Allocation Request Letter" filed 8-11-2023 as an emergency; operative 8/11/2023 (Register 2023, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-7-2024 or emergency language will be repealed by operation of law on the following day.
48. Repealer of definition of "Supplemental Allocation Request Letter" refiled 2-28-2024 as an emergency; operative 2/28/2024 pursuant to Government Code section 11346.1(d) (Register 2024, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-28-2024 or emergency language will be repealed by operation of law on the following day.
49. Although the 2-28-2024 emergency order was scheduled to expire by operation of law on 5-28-2024, repealer of definition of "Supplemental Allocation Request Letter" replacing 2-28-2024 emergency order filed 9-26-2024; operative upon adoption by the California Tax Credit Allocation committee on 8/6/2024 pursuant to Government Code section 8869.94(c). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8.
50. Amendment of definitions of "BIPOC Entity," "BIPOC Project," "CTCAC/HCD" and "Other Rehabilitation Project" filed 9-26-2024; operative upon adoption by the California Debt Limit Allocation Committee on 8/6/2024 pursuant to Government Code section 8869.94(c). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2024, No. 39).