Cal. Code Regs. tit. 25 § 8100

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

Section 8100 - Management and Maintenance

(a) The sponsor shall be responsible for all management functions of the rental housing development including selection of the tenants, annual recertification of household income and size, evictions, and collection of rent.

(b) The sponsor is responsible for all repair and maintenance functions of the rental housing development, including ordinary maintenance and replacement of capital items. The sponsor shall maintain residential units, commercial space and common areas in accordance with local health, building, and housing codes and the management plan.

(c) The sponsor, with the prior approval of the department, may contract with a management agent for the performance of the services or duties required in subdivisions (a) and (b). However, such an arrangement does not relieve the sponsor of responsibility for proper performance of these duties. Such contract shall be subject to Department approval and contain a provision allowing the sponsor to terminate the contract upon thirty days' notice. The sponsor shall terminate said contract as directed by the department upon determination that management does not comply with program requirements.

(d) The sponsor shall develop a management plan subject to department approval prior to loan closing. The plan shall be consistent with this subchapter and shall include the following:

(1) the role and responsibility of the sponsor and its delegation of authority, if any, to the managing agent;

(2) personnel policy and staffing arrangements;

(3) plans and procedures for publicizing and achieving early and continued occupancy;

(4) procedures for determining tenant eligibility and for certifying and annually recertifying household income and size;

(5) plans for carrying out an effective maintenance and repair program;

(6) rent collection policies and procedures;

(7) program for maintaining adequate accounting records and handling necessary forms and vouchers;

(8) plans for enhancing tenant-management relations;

(9) management agreement, if any;

(10) description of direct or supportive tenant services, if any;

(11) provisions for periodic update of management plan;

(12) for limited equity housing cooperatives, plans for board and member training and education;

(13) appeal and grievance procedures;

(14) plans for collections for tenant-caused damages;

(15) plans for processing evictions and termination; and

(16) equal opportunity provisions that apply to hiring and renting.

Cal. Code Regs. Tit. 25, § 8100

1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 23). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety Code section 50771.3; operative 12-19-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-18-91 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91; disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-14-91 order including amendment of subsection (d) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
8. Editorial correction of printing error in subsection (c) (Register 91, No. 46).

Note: Authority cited: Section 50771.1, Health and Safety Code. Reference: Sections 50736 and 50771.1, Health and Safety Code.

1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90, No. 23). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety Code section 50771.3; operative 12-19-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-18-91 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4- 91; disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-14-91 order including amendment of subsection (d) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
8. Editorial correction of printing error in subsection (c) (Register 91, No. 46).