California Code of Regulations
Title 25 - Housing and Community Development
Division 2 - California Housing Finance Agency
Chapter 2 - Rental Housing Development Programs
Article 4 - Tenancy Standards and Procedures
Section 11401 - Selection of Tenants

Universal Citation: 25 CA Code of Regs 11401

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

Each housing sponsor receiving a construction or mortgage loan commitment shall develop a Resident Selection Plan. The plan shall be submitted to and approved by the agency prior to the loan closing.

The plan shall:

(a) Establish income limits for the rental of each unit within the housing development.

(b) Provide for a tenant counseling program for tenants unless this requirement is waived in writing by the agency.

(c) Detail the manner in which the housing sponsor will give preference in the renting of units to tenants:

(1) Displaced from housing by this or another housing development;

(2) Displaced from housing by governmental actions or natural disasters;

(3) Who are elderly;

(4) Who are handicapped;

(5) Who are persons or families of low, very low and moderate income; and

(6) Who are tenants constituting large families.

(d) Within the classifications set forth in (c) above, provide, unless this requirement is waived in writing by the agency, that not less than twenty percent (20%) of the units in the housing development shall be rented to persons of very low income.

(e) Shall provide that the housing sponsor will notify each person making an application to rent a unit within the housing development within ten (10) days from the date of such application, in writing of:

(1) Whether the tenant is eligible to rent such unit;

(2) Whether, based upon turnover history, if any, a unit for which the tenant is eligible will be available within six (6) months; and

(3) If the tenant is not eligible, a statement of the reasons for such lack of eligibility.

(4) The applicant's right to be placed on a waiting list for vacancies occurring in the housing development, and notified by the housing sponsor of vacancies for which the applicant is an eligible tenant, subject to the rental priorities for the housing development approved by the agency.

(f) Require that a list of all applicants for tenancy within the housing development be kept for a period of one year from the date the application is filed with the housing sponsor.

(g) Explicitly provide that the housing sponsor shall not utilize status criteria (e.g., source of income, sexual preferences, marital status, dress and grooming standards) in determining tenant eligibility under the plan.

1. Repealer of former article 4 (sections 11301-11303) and renumbering of former article 5 to new article 4 filed 11-12-96; operative 12-12-96 (Register 96, No. 46). For prior history of article 4, see Register 90, No. 14.

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