California Code of Regulations
Title 25 - Housing and Community Development
Division 2 - California Housing Finance Agency
Chapter 3 - Restrictions on Agency Public Benefits to Aliens
Article 2 - Eligibility for Benefits
Section 12103 - Who Must Verify Eligibility
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) When a new loan is being made, eligibility shall be verified by the qualified mortgage lender who originates the loan. When an applicant is acquiring, or being added to the title to, the residential structure of a single family program loan, eligibility shall be verified by the qualified mortgage lender who is servicing the loan.
(b) In the case of a multifamily program unit, eligibility shall be verified by the housing sponsor which owns the housing development or residential structure.
(c) Pursuant to Section 432(d) of PRWORA (8 U.S.C. § 1642(d)) and notwithstanding any other provision of this chapter, a nonprofit charitable organization that provides agency public benefits is not required to determine, verify, or otherwise require proof of eligibility of any applicant for such benefits nor is any such applicant required to be eligible. A nonprofit charitable organization shall be deemed to be providing an agency public benefit only when it is the qualified mortgage lender for a single family program loan or housing sponsor which owns a multifamily program unit, as applicable.
(d) In the case of a multifamily program unit, the reasonable cost of performing eligibility verifications shall be treated as an operating expense of the housing development or residential structure and the housing sponsor may charge a new tenancy applicant (but not an existing tenancy applicant) a reasonable eligibility verification fee only if approved in writing by the agency. In the case of a single family program loan, the qualified mortgage lender may charge an applicant a reasonable eligibility verification fee only if approved in writing by the agency.
(e) Notwithstanding the provisions of subparagraph (a) and (b) of this section, in the event that an applicant claims qualified alien status on the basis of facts and circumstances as set forth in subparagraphs (x)(8), (x)(9) or (x)(10) of Section 12002 of this chapter (involving a person who was battered or subjected to extreme cruelty in the United Sates), then the agency shall determine such eligibility as further provided in subparagraph (a)(3) of Section 12104 of this chapter.
(f) The status verifier shall keep a record of the information upon which an applicant's eligibility verification or ineligibility determination is based and shall retain such records for at least four (4) years following the completion of the verification process, except that when a single family program loan is made, the qualified mortgage lender shall keep such information for the life of the loan.
1. New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and filed 10-28-98 (Register 98, No. 44).
3. Amendment of section and NOTE filed 11-2-98; operative 12-2-98 (Register 98, No. 45).
Note: Authority cited: Sections 51050(e), 51050(s), 51067 and 51349, Health and Safety Code. Reference: 8 U.S.C. §§ 1601, 1621, 1625, 1641 and 1642; and Sections 51050-51070, 51100-51253 and 51325-51340, Health and Safety Code.
