Section 7151 - DefinitionsThe following definitions govern the use of the terms below in this subchapter:
(a) "Affordable Rent" means the same as defined in Health and Safety Code Section 50053.(b) "CCR" means the California Code of Regulations.(c) "Department" means the Department of Housing and Community Development.(d) "Dedicated Source" means taxes, fees, loan repayments, private contribution or other source of funds that will reasonably provide Ongoing Revenues to the Local Housing Trust Fund sufficient to meet the requirements of the Program.(e) "Eligible Project" means any of the following: (1) Rental housing projects or units within rental housing projects. The affordability of all units assisted by Program Funds shall be restricted for not less than 55 years.(2) Emergency shelters, safe havens, and transitional housing, as these terms are defined in Health and Safety Code section 50801.(3) Homeownership Project as defined in section 7151(j).(f) "Existing Local Housing Trust Fund" is a Local Housing Trust Fund organized, funded and operated prior to September 30, 2006.(g) "Extremely Low Income" has the meaning set forth in Health & Safety Code section 50106. Grantees shall utilize income limits issued by the Department for Extremely Low Income households for each county by household size.(h) "First-time Homebuyer" means an individual or individuals or an individual and his or her spouse who are in the process of buying a dwelling with the intent to occupy the home as a principal place of residence and who have not owned a home during the three-year period before the purchase of a home with Program Funds, except that the following individual or individuals may not be excluded from consideration as a first-time homebuyer under this definition: (1) a displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her home and family;(2) a single parent who, while married, owned a home with his or her spouse or resided in a home owned by a spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant; or(3) an individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with Program Funds, a dwelling unit whose structure is: (A) not permanently affixed to a permanent foundation in accordance with local or state regulations; or(B) not in compliance with state, local or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.(i) "Grantee" means an entity that has received an award of Program Funds.(j) "Homeownership Project" means a project in which Program Funds will be used to assist in the acquisition, construction or rehabilitation of owner-occupied housing units in which the homeowner has an ownership interest sufficient to comply with subdivision (d)(3) of Health & Safety Code section 50843.5.(k) "Local Housing Trust Fund" is a public, joint public and private fund or charitable nonprofit organization described in Section 501(c))(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation) or a public-private partnership organized to receive specific revenue to address local housing needs. The key characteristic of a Local Housing Trust Fund is that it receives Ongoing Revenues from Dedicated Sources of funding sufficient to permit the fund to participate in the Program.(l) "Local Impact Fees" are impact fees, mitigation fees, or capital facility fees imposed on residential development by municipalities, county agencies, or other jurisdictions such as utility districts, school districts, water agencies and resource conservation districts. Local Impact Fees may include fees for residential or commercial development (in lieu of building affordable housing), parks and recreation, schools, traffic, street and signals, law enforcement facilities, fire facilities, library facilities, water facilities, waste water treatment, waste water collection, drainage facilities, community development, general facilities, public facilities, governmental, environmental, and facilities assessments.(m) "Lower Income Households" has the meaning set forth in Health and Safety Code section 50079.5. Grantees shall utilize limits issued by the Department for Lower Income Households for each county by household size.(n) "Matching Funds" shall mean available funds meeting the requirements of section 7154.(o) "Moderate Income Persons and Families" has the meaning set forth in Health & Safety Code section 50093, subdivision (b).(p) "New Local Housing Trust Fund" is a Local Housing Trust Fund that was created, funded and operated on or after September 30, 2006.(q) "NOFA" means a Notice of Funding Availability issued by the Department to announce the availability of Program Funds, the terms and conditions of awards and requirements for the submittal of applications.(r) "On Deposit" means cash or equivalent under the control of the applicant or Grantee at the time of application readily available for use by the Grantee as Matching Funds. Funds On Deposit must be verifiable at the time of application to the satisfaction of the Department.(s) "Ongoing Revenues" means a public source of revenue that is dedicated for an indefinite period (beyond annual appropriations); or other revenue that is either: (i) dedicated for a minimum five-year period and the source of that revenue has an income history which can reasonably support the level of proposed funding in the application for Program Funds; or(ii) in the case of an existing local housing trust fund, the fund has at least a five-year income history from all sources which could reasonably support the level of proposed funding in the application for Program Funds.(t) "Program" or "LHTF Program" means the Local Housing Trust Fund Program authorized by Health and Safety Code section 50843.5 as implemented in this subchapter.(u) "Program Funds" means the funds provided by the Department to a Local Housing Trust Fund pursuant to this subchapter. Each award of Program Funds to a Local Housing Trust Fund shall equal at least one million dollars and shall not exceed two million dollars.(v) "Very Low Income" has the meaning set forth in Health and Safety Code section 50105. Grantees shall utilize income limits issued by the Department for Very Low Income households for each county by household size.Cal. Code Regs. Tit. 25, § 7151
1. New section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 49). Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: Sections 50052.5, 50053, 50079.5, 50081, 50093, 50105, 50106, 50843.5 and 53545.9(c), Health and Safety Code.
1. New section filed 12-5-2008; operative 12-5-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 49).