California Code of Regulations
Title 25 - Housing and Community Development
Division 2 - California Housing Finance Agency
Chapter 2 - Rental Housing Development Programs
Article 1 - General
Section 11002 - Definitions

Universal Citation: 25 CA Code of Regs 11002

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

(a) Any term defined in Chapter 2 (commencing with Section 50050) of Division 31, Part 1 of the Health and Safety Code shall have the same meaning when used in this chapter as is given to it by said Chapter of the Health and Safety Code unless further or otherwise defined hereafter in this section.

(b) "Act" means the Zenovich-Moscone-Chacon Housing and Home Finance Act as it now exists or may hereafter be amended.

(c) "Affordable rent" shall mean:

(1) In Section 8 assisted developments the "total tenant payment" as defined by HUD 24 C.F.R. Section 813.107.

(2) For purposes of dwelling units for occupancy by lower-income households in multifamily rental housing, the rehabilitation of which is financed by the Agency and which is not a Section 8 assisted housing development, (i) an amount not exceeding thirty percent (30%) of fifty-eight percent (58%) of the applicable county median income as set forth in Title 25, Section 6932; or (ii) when the Agency determines that the cost of rehabilitation or acquisition of the multifamily rental housing makes such rents economically infeasible, thirty percent (30%) of seventy percent (70%) of the applicable county median income as set forth in Title 25, Section 6932.

(3) For purposes of section (c)(2), the applicable county median income for zero bedroom (studio) units shall be the county median income for one person, for one bedroom units it shall be the county median income for a two-person family, for two-bedroom units it shall be the county median income for a four-person family, and for three-bedroom units it shall be the county median income for a six-person family.

(d) "Agency" means the California Housing Finance Agency.

(e) "Board" means the Board of Directors of the California Housing Finance Agency.

(f) "C.F.R" means Code of Federal Regulations.

(g) "Code" means the Health and Safety Code.

(h) "Housing development" means "housing development" as defined by Section 50073.5 of the Code and may include such nonhousing facilities as are approved pursuant to Section 11103 of this chapter.

(i) "Housing sponsor" means any "housing sponsor" within the definition of Section 50074.5 of the Code.

(j) "HUD" means the United States Department of Housing and Urban Development or its designee.

(k) "Market rent" means that monthly rental determined by the Agency to be comparable to the rent charged for units of similar size, construction type, amenity level, and other characteristics within the market area of the housing development.

(l) "Persons and families of low or moderate income" includes any of the following:

(1) A "very low income family" is a family whose income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families.

(2) A "low income family" is a family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that income limits higher or lower than 80 percent may be established on the basis of its findings that such variations are necessary because of the prevailing levels of construction costs, unusually high or low incomes, or other factors.

(3) A "moderate income family" is a family whose income does not exceed 120 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families.

(4) For purposes of this section, "family" includes an elderly, handicapped, disabled, or displaced person and the remaining member of a tenant family as defined in Section 201(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 1437a).

(m) "Rental housing development" shall not include owner-occupied housing development nor mutual self-help housing.

(n) "Section 8 assisted housing development" means a housing development, or that part of a housing development, containing units subject to an "Annual Contributions Contract" as defined by 24 C.F.R. Section 883.302.

(o) "Person" means an individual, family, corporation, proprietorship, partnership, association or any other entity.

(p) Section references are to sections of this chapter unless indicated otherwise.

1. Amendment of subsection (c) filed as an emergency 8-12-83; effective upon filing (Register 83, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-10-83.
2. Amendment of subsection (c) filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
3. Amendment of subsection (c) filed 10-23-85; effective thirtieth day thereafter (Register, No. 43).
4. Amendment of subsections (a), (h), (i) and (n) and NOTE filed 11-12-96; operative 12-12-96 (Register 96, No. 46).

Note: Authority cited: Sections 50462(f) and 51050, Health and Safety Code. Reference: Sections 51050, 50053, 50073.5, 50074.5, 50952(a) and 51335, Health and Safety Code; and 24 CFR Sections 813 and 883.

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