Cal. Code Regs. tit. 25 § 7802

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 7802 - Definitions

The following are definitions governing the Program. They are supplemented by definitions in Subchapter 2 (commencing with Section 6910) of Chapter 6 of Title 25, California Administrative Code.

"Affordable rent" means rent determined by the Department to be affordable, in accordance with Section 7806.

"Agency" means the California Housing Finance Agency.

"Applicant" means a local finance entity or a housing authority seeking assistance from the Program or the Department acting as a local housing authority pursuant to law.

"Assisted unit" means a dwelling unit in a rental housing development or space in a mobilehome park available on a priority basis to or occupied by an eligible household at a rent which is affordable to that household as a result of assistance from the Program.

"Available to or occupied by on a priority basis" with respect to an assisted unit means a dwelling unit occupied by an eligible household or unoccupied and held out for rent on a priority basis to eligible households.

"Below market interest financing" means any of the following:

(1) A long-term loan made by the agency with below-market interest, as defined by Section 50056.

(2) A long-term loan made by a local finance entity at a below-market interest rate no higher than that established from time to time by the Department, provided such rate shall not exceed by more than one and one-half percent the interest rate on long-term loans, if any, made by the Agency for rental housing development proposals being submitted or processed for Department assistance under this chapter at the same time.

(3) The use of subsidies, assistance, or financing, other than as provided in paragraphs (1) and (2), which reduce rent levels by an amount equivalent to that enabled by long-term loans at the interest rate established for purposed of paragraph (2).

(4) Subsidies, assistance, or financing provided to the sponsor by or through the Agency or local finance entity and which is a loan made at below-market interest by an agency of the federal government.

"Code" means the California Health and Safety Code.

"Committee" means the Rental Housing Construction Program Committee established pursuant to Title 25, California Administrative Code, Section 6902(c).

"Department" means the California Department of Housing and Community Development.

"Development agreement" means a contract between an applicant and a sponsor in accordance with Section 7822 which regulates the construction of the rental housing development.

"Development costs" means the aggregate of all approved costs incurred in connection with construction of a rental housing development or rental unit, as the context requires, including:

(1) land acquisition, whether by purchase or lease,

(2) the construction of the rental units and related structures, including the costs of construction financing,

(3) overhead, including architectural, legal and accounting fees,

(4) off-site improvements, including sewers, utilities and streets,

(5) necessary on-site improvements,

(6) relocation costs,

(7) long-term financing fees

(8) rent-up and marketing expenses, and

(9) long-term financing costs where recommended by the Committee pursuant to Section 7842(d), (g).

"Elderly household" means a family in which the head of the household is 60 years of age or older or a single person who is 60 years of age or older except that different age limitation may be utilized if federal funding is utilized and such funding requires a different limitation.

"Eligible household" means a very low-income household or other lower income household, as defined in Sections 6926 and 6928.

"Excess Rents" means the project income attributable to the assisted units in excess of approved operating expense attributable to the assisted units. Project income attributable to the assisted units shall include carrying charges pursuant to Section 7858(g) and (h).

"Fund" means the Rental Housing Construction Fund.

"Handicapped household" means:

(1) a single person or a family in which the head of the household is suffering from an orthopedic disability impairing personal mobility or a physical disability affecting the ability to obtain employment, where the family or person requires special care or facilities in the home, or

(2) a single person or a family in which the head of household suffers from a developmental disability specified in Section 38010(a) of the Code or a mental disorder which would render him or her eligible to participate in programs of rehabilitation or social services conducted by or on behalf of a public agency.

"Interagency operating agreement" means the contract between the Department and the Agency pursuant to Article 6 which regulates the relationship between the Department and the Agency.

"Local finance entity" means a redevelopment agency, local housing authority, city, county, city and county, or duly constituted governing body of an Indian rancheria, or any combination thereof, which proposes to provide or use below market interest financing or an equivalent subsidy for a rental housing development.

"Program" means the Rental Housing Construction Program and Chapter 9 (commencing with Section 50735) of Part 2 of Division 31 of the Health and Safety Code, and regulations promulgated thereunder.

"Regulated agreement" means a contract between the Agency or a responsible agency and a sponsor in accordance with Section 7822 which, establishes the respective rights and duties of the parties with respect to the development and payment therefor.

"Regulatory agreement" means a contract between the Agency or a responsible agency and a sponsor in accordance with Section 7822 which, establishes the respective rights and duties of the parties with respect to the development and payment therefor.

"Rental housing development" means five or more rental dwelling units, including mobilehomes, on one or more sites assisted or sought to be assisted under the Program. "Rental housing development" also includes five or more mobilehome park spaces. For purposes of the Program, a stock cooperative or limited equity housing cooperative is a rental housing development.

"Responsible agency" means the local finance entity under the sponsor development component, the local housing authority under the rights of occupancy component, or the Department under the housing authority development component. It includes the Department where the Department has contracted with a local finance entity pursuant to Section 50750 of the Code.

"Rural area" means any open country or any place, town, village, or city which by itself and taken together with any other places, towns, villages, or cities that it is part of or associated with:

(1) has a population not exceeding 10,000 or

(2) has a population not exceeding 20,000 and is contained within a nonmetropolitan area.

"Rural area" also includes any open country, place, town, village, or city located within a Standard Metropolitan Statistical Area if the population thereof does not exceed 20,000 and the area is not part of, or associated with, an urban area and is rural in character.

"Site control" includes actual ownership of a site, the right to purchase a site under a contract to purchase or option agreement, or such other control of the ownership or possession of a site as the Department considers satisfactory.

"Sponsor" means any individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public entity, duly constituted governing body of an Indian rancheria, or other legal entity, or any combination thereof, certified pursuant to Section 7812 as qualified to own and manage or construct a rental housing development. A sponsor may be organized for profit or limited profit or be nonprofit.

"State contract" means the contract between the Department and an applicant in accordance with Section 7822 which regulates the conduct of those entities.

Cal. Code Regs. Tit. 25, § 7802

1. Amendment filed 11-13-80 as an emergency; effective upon filing (Register 80, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).
3. Amendment filed 10-25-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 44).

Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50735 and 50737, Health and Safety Code.