Section 8012 - Applications for Loan Commitments(a) The department shall award loan commitments through the issuance of Notice of Availability of Funds (NOFA). The NOFA identify whether applications will be accepted on a competitive basis with a specified deadline and/or on an over-the-counter basis. The department will determine which method will best implement the goals and purposes of the program. Applicants may submit applications for loan commitments only in response to a NOFA issued by the department. A single application shall be submitted for a commitment for all program loans desired for the project.(b) Department forms shall be used for applications which shall include the following. (1) evidence of the eligibility of the applicants, project, and all activities;(2) a description of the project and how the program funds will be used;(3) a detailed plan and scheduled for implementing and administering the project;(4) a detailed financial plan for the project which identifies the anticipated sources of all financing and the proposed specific uses for program funds;(5) the qualifications of the parties implementing and administering the project;(6) evidence or a certification of compliance with relevant state and local laws and ordinances, or a detailed description of how and when compliance will be achieved;(7) evidence signed by a representative of the local government that the project complements the implementation of a local housing program to preserve or increase the supply of housing for persons and families of low and moderate income, and will be consistent with local zoning and land use policies upon completion.(8) evidence that the resident organization has site control which means the right or ability to obtain possession of the mobilehome park for a period of not less than 15 years. Such evidence includes, but is not limited to, an executed contract to purchase, an executed irrevocable option agreement, or a written agreement from the property owner to convert the mobilehome park to resident ownership;(9) a program of assistance for low-income residents if a blanket loan is requested;(10) a statement concerning the potential for displacement of residents from the project and a plan to provide specific mitigation measures or relocation benefits consistent with Section 8020;(11) a commitment from a loan originator selected by the applicant or a plan for selecting a loan originator to originate individual loans if the application is exclusively for such loans;(12) written authorization from the applicant's governing boards in the form of a certified resolution to submit an application for a loan commitment;(13) any commitments from the local public entity and/or other sources to provide financial and other assistance to the project; and(14) other information required by the department to determine the eligibility of, evaluate the feasibility of, and rate the project.(c) The department shall have sole discretion to approve or disapprove the adequacy of each item in the application based on the criteria for review in Section 8014. Where the department concludes that information is inadequate it may return applications for additional information or reject applications if it deems that the inadequacies cannot be cured within a reasonable time.(d) The department shall condition any release of funds on completion of any items which are not completed at the time of application.Cal. Code Regs. Tit. 25, § 8012
1. Amendment filed 5-11-2001; operative 5-11-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 19).
2. Amendment of subsections (a), (b)(12) and (b)(14) filed 7-11-2005; operative 8-10-2005 (Register 2005, No. 28).
3. Change without regulatory effect amending subsection (a) filed 10-13-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 42). Note: Authority cited: Sections 50406(n) and 50786, Health and Safety Code. Reference: Sections 50406, 50406.2 and 50786, Health and Safety Code.
1. Amendment filed 5-11-2001; operative 5-11-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 19).
2. Amendment of subsections (a), (b)(12) and (b)(14) filed 7-11-2005; operative 8-10-2005 (Register 2005, No. 28).
3. Change without regulatory effect amending subsection (a) filed 10-13-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 42).