Cal. Code Regs. tit. 25 § 7312

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

Section 7312 - Rent Standards

The Department shall establish Rent limits for Assisted Units in each Project in accordance with the following:

(a) Rent limits for initial occupancy and for each subsequent occupancy by a new Eligible Household shall be based on Unit type, applicable income limit, and area in which the Project is located, following the calculation procedures used by TCAC and using the income limits recognized by TCAC for purposes of application scoring as well as the income limits utilized by the Program for this purpose pursuant to Section 7320(b)(1). The maximum Rent limit shall be 30% of 60% of Area Median Income for the appropriate Unit size.

(b) Rents will be further restricted in accordance with Rent and income limits submitted by the Sponsor in its application for the Program loan, approved by the Department, and set forth in the Regulatory Agreement. Rents shall not exceed 30% of the applicable income eligibility level.

(c) Rents in Assisted Units may be adjusted no more often than annually. The amount and method of adjustment for Assisted Units shall be in accordance with the regulations and procedures used by TCAC.

(d) The Department may permit an annual Rent increase greater than that permitted by this section if the Project's continued Fiscal Integrity is jeopardized due to factors that could not be reasonably foreseen.

(e) For Units receiving HUD Section 8 or other similar rental assistance, the rules of the rental assistance program pertaining to Rent increases will prevail for as long as the rental assistance remains in place. Changes in the tenant contribution amounts may occur more often than annually as required by the rental assistance program.

(f) Where a Project is receiving renewable Project-based rental assistance:

(1) the Sponsor shall in good faith apply for and accept all renewals available;

(2) the Sponsor shall fund a transition reserve to be used in the event the rental assistance contract is terminated. The transition reserve shall be in an amount sufficient to prevent, for two years, Rent increases for Units that formerly received rental assistance and were restricted to households with incomes not exceeding a percentage of State Median Income, expressed as a percentage of Area Median Income. The transition reserve may be capitalized or funded from annual project cash flow in amounts to be approved by the Department. Use of funds in the reserve shall be subject to the review and approval of the Department; and

(3) if the Project-based rental assistance is terminated, Rents for Units previously covered by this assistance may be increased above the levels allowed pursuant to subsection (c), above, but only to the minimum extent required for Fiscal Integrity, as determined by the Department. In addition, Rents for such Units restricted to households with incomes not exceeding a percentage of State Median Income, expressed as a percentage of Area Median Income, shall not in any event be increased to an amount in excess of 30% of 50% of Area Median Income, adjusted by number of bedrooms in accordance with TCAC requirements.

Cal. Code Regs. Tit. 25, § 7312

1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 2).
2. Amendment filed 9-29-2003; operative 9-29-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 40).
3. Governor Newsom issued Executive Order N-66-20 (2019 CA EO 66-20), dated May 29, 2020, relating to accommodations from the Department of Housing and Community Development for projects adversely affected by the COVID-19 pandemic.

Note: Authority cited: Sections 50406(n), 50675.1(c) and 50675.11, Health and Safety Code. Reference: Sections 50675.2(b) and (c) and 50675.8, Health and Safety Code.