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 9 - Calhome Program Requirements
Article 8 - Development Loan Requirements
Section 7744 - Site Control

Universal Citation: 25 CA Code of Regs 7744

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

To be eligible to apply for a homeownership development project loan, the applicant shall have site control of the proposed project property as evidenced by one of the following:

(a) fee simple title;

(b) an enforceable option to purchase, which shall extend, or may be extended, for a minimum of 120 days beyond the deadline for application submittal;

(c) a disposition and development agreement with a public agency;

(d) a sales contract, or other enforceable agreement for the acquisition of the property; or

(e) a leasehold interest, or an enforceable option to lease. The option to lease shall extend for a minimum of 120 days beyond the deadline for application submittal. The leasehold term must be for a minimum of 40 years. The leasehold must have provisions that enable the lessee(s) to make improvements on and encumber the property for a term sufficient to secure the CalHome lien; or

(f) other forms of site control that give the department equivalent assurance that the project will be able to proceed without inordinate delay.

1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 40).

Note: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code. Reference: Section 50650.3(b), Health and Safety Code.

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