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 5.5 - Special User Housing Rehabilitation Program
Section 7466 - Tenancy Standards and Procedures
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Procedures for tenant selection, rents, and eviction for tenants of residential housing developments shall be governed by the regulatory agreement which shall include, but not be limited to, the following terms:
(a) Sponsors shall select only eligible households as tenants.
(b) Sponsors shall give first priority subsequent to rehabilitation to eligible households displaced as a result of rehabilitation assisted by the Program.
(c) Sponsors shall not unlawfully discriminate or permit unlawful discrimination in the selection or treatment of tenants, and shall abide by all local, State, and Federal laws and regulations prohibiting such discrimination.
(d) The Department shall establish a schedule of affordable rents to low and very low income tenants of the rental housing development, to the extent consistent with the financial integrity of such development. Rents may be periodically increased after sponsors submit a written request to the Department which demonstrates that such increases are necessary to defray operating costs and to avoid jeopardizing the financial integrity of the housing development. Rents may be increased only upon Department approval of the request. In the event that the Department does not act on a request for a rent increase within 60 days from documented receipt of the request, such increase shall be deemed approved.
(e) The sponsor shall use a lease for occupancy on a form approved by the Department. Included in the lease shall be a requirement that tenants shall promptly report to sponsors any increase in income. Sponsors shall annually redetermine tenants' income eligibility on a form approved by the Department. If a tenant's net income exceeds the upper limit for low income households, the tenant shall be required to vacate the assisted unit within six months from the date of income redetermination or notice to the sponsor of an increase in income over the permissible income level.
(f) The sponsor and tenants shall comply promptly and fairly with the responsibilities under law and as set forth in the lease.
1. Amendment of subsection (d) filed 4-5-84; effective thirtieth day thereafter (Register 84, No. 14).
Note: Authority cited: Section 50662, Health and Safety Code; Reference: Sections 50669-50670, Health and Safety Code.
