Section 7856 - Tenant Selection ProceduresThe regulatory agreement between the responsible agency and the sponsor shall require the development of tenant selection procedures which shall require at least the following plans and procedures with respect to the selection and admission of households applying to occupy assisted units and which, after approval by the responsible agency, shall form part of the regulatory agreement and be binding on the sponsor while the assistance remains in effect.
(a) An affirmative marketing plan shall be established which must include the following: (1) Local residency requirements are prohibited. Local residency preferences are discouraged except as required by subdivision (b).(2) Policies to achieve greater access to housing opportunities created by the Program for all persons regardless of race, sex, marital status, color, religion, national origin, handicap, other arbitrary factors.(3) In general, all the requirements of the affirmative fair housing marketing plan required by Title 24, Code of Federal Regulations Section 883.315 and the Affirmative Fair Housing Marketing Regulations in Title 24, Code of Federal Regulations Sections 200.600 et seq., whether or not federal assistance is received.(b) A tenant preference plan shall detail the manner in which the housing sponsor will give preference in the renting of units:(1) To tenants displaced from housing by this or other government-assisted housing developments or by other governmental actions or natural disasters.(2) To families with dependent children for multi-bedroom units.(c) In the case of cooperatives, the tenant selection plan and procedures shall specify the selection criteria for membership, grounds for determination of unsuitability and procedures for appeal. Selection and suitability criteria shall not discriminate on the basis of race, religion, national origin, language, sex, source of income, handicap, family makeup, or any other arbitrary factor.(d) The sponsor shall advertise and solicit applications from potential tenants in accordance with the approved marketing and selection plans. Applications shall be in a form approved by the Department and shall be available for examination by the responsible agency.(e) On receipt of the application, the sponsor shall determine the eligibility and, in the case of cooperatives, the suitability of the household under this subchapter; verify the information supplied by the household in the application; and certify the income of the household for the purpose of determining the rent affordable to such household pursuant to Section 7806.(f) If the sponsor determines that the potential tenant is eligible and, in the case of cooperatives, suitable, the sponsor shall promptly so notify the potential tenant of eligibility and, based on turnover history, when a unit may be available.(g) If the sponsor determines that the potential tenant is not eligible or, in the case of cooperatives, unsuitable to occupy an assisted unit, the sponsor shall promptly notify the potential tenant in writing stating the reasons for such determination and the procedure for appeal pursuant to Section 7862.(h) The sponsor shall compile an initial list of eligible households applying to occupy assisted units. Such a list will indicate whether such households are very low income households or other lower income households and after separating households into preferences pursuant to subdivision (b), shall place households in such groups in an order of priority determined by lot or another method approved by the Department. After initial tenancies, the priority shall be established in order of application, except that tenants entitled to preference shall receive preference over non-preference households.(i) The sponsor may refuse to place an eligible household on the list required by subdivision (h) or remove such household from such list if the sponsor determines that such household has unreasonably provided false information in its application, or has, in the two years preceding the application, been evicted by a court of law on more than one occasion on grounds which were consistent with Section 7860(b), or in the case of cooperatives, on the grounds of unsuitability. The sponsor may not use status criteria including but not limited to source of income or marital status in determining eligibility. A potential tenant refused a rental unit or a place on a waiting list shall be notified in writing stating the reasons for such determination and the procedure for appeal of this decision pursuant to Section 7862.(j) As assisted units become available, the sponsor shall offer them for occupancy by eligible households in accordance with the application date and with the requirement for occupancy by different income levels pursuant to the provisions of the regulatory agreement.(k) Notwithstanding the provisions of this section, the Department may permit to be incorporated in a regulatory agreement such other tenant selection and occupancy standards as it considers necessary to ensure the fiscal integrity of the project, to ensure an adequate economic mix of income groups, or to require other reasonable standards where the nature or location of the rental housing development requires such standards.Cal. Code Regs. Tit. 25, § 7856
1. Amendment filed 10-25-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 44).
2. Editorial correction of subsection (i) filed 11-2-82 (Register 82, No. 44). Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50746, 50749, 50756 and 50766, Health and Safety Code.
1. Amendment filed 10-25-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 44).
2. Editorial correction of subsection (i) filed 11-2-82 (Register 82, No. 44).