Cal. Code Regs. tit. 4 § 5260

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 5260 - Definitions

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:

"Applicable Median Family Income" means the applicable median family income defined by 26 U.S.C. section 143(f)(4), except that the definition of income contained in subdivision B of 26 U.S.C. section 143(f)(4) shall not apply to Applicants for a Single Family Housing Program.

"Fair Share Allocation Amount" means the amount of Allocation each Local Issuer shall receive pursuant to the Fair Share Basis definition.

"Fair Share Basis" means that each county shall receive a proportionate share of the amount reserved for Local Issuers based on the population of the county relative to the State's total population. Populations will be based on data published by the California State Department of Finance Demographics Unit. Where there is more than one Local Issuer in a county, each Local Issuer shall receive a proportionate share of the county's reservation based on the population of the jurisdictions served by an Issuer relative to the county's total population, or as agreed upon by the participating Local Issuers.

"Homeownership Assistance" means financial assistance, including down-payment assistance, closing cost assistance, soft-second financing for the purchase of a home, or such alternative homeownership assistance as proposed by the Applicant in the Application and approved by the Committee. The Homeownership Assistance must; one, be in a minimum amount of $7,500 or 3% of the purchase price of the home, whichever is greater; two, be structured in the form of either a grant or a deferred payment loan where the payment of principal and interest is deferred until such time as the home is sold or re-financed; and three, include an incentive, to be proposed by the Applicant, for Program Participants to fully perform the three (3) year service commitment. Applicants will not be required to establish a distinct and separate homeownership program; existing programs may be used. The Committee may delegate to the Chair or to the Executive Director of the Committee the authority to accept and consider homeownership assistance of different types or characteristics than those specifically enumerated or required by this definition. The Committee may establish, or concur with the establishment of, higher assistance limits to ensure program participation in high cost areas.

"MCC Application" means the Application titled "Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Mortgage Credit Certificate Program" (revised 03 15 2018), which is hereby incorporated by reference.

"MRB Application" means the Application titled "Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Single-Family Housing Bond Program" (revised 11 30 2018), which is hereby incorporated by reference.

"Performance Achievement Index" means the percentage of households that participated in a Single Family Housing Program having met the goals set forth in section 5266 expressed as a percentage of the minimum goal committed to by the Applicant. For example, if the number of households earning eighty percent (80%) or less of the Applicable Median family Income of the area consisted of only 38% of the participants in a program, then based on a committed goal of 40%, the Performance Achievement Index would equal 95% (38% divided by 40%).

"Qualified Census Tract" means any census tract that is designated by the Secretary of Housing and Urban Development pursuant to 26 U.S.C. section 42(d)(5)(C).

"VHLP Application" means the Application titled "Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Veteran's Home Loan Program" (revised 03 15 2018), which is hereby incorporated by reference.

Cal. Code Regs. Tit. 4, § 5260

1. New chapter 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) 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 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) 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 amendment of section heading and repealer and new section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definitions of "MCC Application" and "MRB Application" 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.
6. Certificate of Compliance as to 11-9-2015 order transmitted to OAL 1-27-2016 and filed 3-10-2016 (Register 2016, No. 11).
7. Editorial correction of HISTORY 6 (Register 2016, No. 25).
8. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" 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.
9. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" refiled 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.
10. 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).
11. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" filed 10-13-2017; operative 10-13-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
12. Change without regulatory effect amending definitions of "MCC Application," "MRB Application" and "VHLP Application" filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
13. Change without regulatory effect amending definition of "MRB Application" filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).

Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.

1. New chapter 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) 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 3 (articles 1-4, sections 5260-5291), article 1 (section 5260) 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 amendment of section heading and repealer and new section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definitions of "MCC Application" and "MRB Application" 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.
6. Certificate of Compliance as to 2-4-2016 order transmitted to OAL 1-27-2016 and filed 3/10/2016 (Register 2016, No. 11).
7. Editorial correction of History 6 (Register 2016, No. 25).
8. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" 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.
9. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" refiled 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.
10. 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).
11. Amendment of definitions of "MCC Application." "MRB Application" and "VHLP Application" filed 10-13-2017; operative 10/13/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
12. Change without regulatory effect amending definitions of "MCC Application," "MRB Application" and "VHLP Application" filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
13. Change without regulatory effect amending definition of "MRB Application" filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).