California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 7 - Department of Housing and Community Development Programs
Subchapter 17 - State Home Investment Partnership Act Program
Article 2 - Program Requirements
Section 8206 - Matching Contributions

Universal Citation: 25 CA Code of Regs 8206

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Except as noted in subsections (a)(1), (a)(2), and (a)(4) below, State Recipients, Developers and CHDOs shall contribute matching funds as required in subsection (b).

(1) If the matching contribution requirements of 24 CFR Section 92.218 are waived or modified by Congress or are modified by HUD pursuant to 24 CFR Section 92.222, the Department shall waive or modify the matching contribution requirements of subsection (b) for funds affected by the federal action.

(2) If the Department identifies other eligible sources of match that can be used to meet part or all of the matching contribution requirements of 24 CFR Section 92.218, the Department shall modify the matching contribution requirements of subsection (b) to the extent possible for funds affected.

(3) Modified matching contribution requirements for each funding cycle as provided for in subsections (a)(1) and (a)(2) shall be provided in the NOFA issued by the Department pursuant to Section 8210 unless such matching requirements are waived or modified by HUD after issuance of a NOFA. In that case, the Department shall notify State Recipients, Developers and CHDOs of the modification of matching contribution requirements through written notice.

(4) HOME funds used for administrative and planning costs pursuant to 24 CFR Section 92.207 and CHDO operating expenses pursuant to 24 CFR Section 92.208 shall not be required to be matched.

(b) State Recipients, Developers and CHDOs shall provide matching contributions as required by 24 CFR Sections 92.218, 92.219, 92.220, and 92.221.

(c) Documentation that the matching contribution requirements have been met shall be subject to verification by the Department.

(d) If matching contributions are provided in the form of affordable housing that is not HOME-assisted pursuant to 24 CFR Section 92.219(b), the State Recipient, Developer or CHDO shall establish a procedure to monitor these projects and ensure continued compliance with the requirements contained in 24 CFR Section 92.219(b).

(e) Contributions which shall not be considered as HOME matching contributions are those described in 24 CFR Section 92.220(b).

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8206 to section 8207 with amendment of NOTE and renumbering of former section 8207 to section 8208 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Change without regulatory effect amending subsections (c)(7) and (d) filed 10-21-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 43).
6. Repealer of former section 8206 and renumbering of former section 8207 to new section 8206, including amendment of section and NOTE filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
7. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).
8. Amendment of subsections (a), (a)(3), (b) and (d) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Sections 92.218, 92.219, 92.220, 92.221, 92.222, 92.252 and 92.254; and Sections 50896 and 50896.1, Health and Safety Code.

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