36000-36005

HEALTH AND SAFETY CODE
SECTION 36000-36005




36000.  The Legislature finds and declares that new forms of
cooperation with the private sector, such as leased housing,
disposition of real property acquired through redevelopment,
rehabilitation assistance, replacement housing, development
approvals, property tax exemptions, and relocation assistance may
involve close participation with the private sector in meeting
housing needs, without amounting to the development, construction, or
acquisition of low-rent housing projects as contemplated in Article
XXXIV of the State Constitution.



36001.  The Legislature further finds that certainty as to the
validity of actions previously taken by state public bodies and local
public entities, as well as the actions to be taken in the future,
requires the validation of actions previously taken and the
establishment of means for determining the validity of those actions
to be taken in the future.



36002.  When used in this part:
   (a) "Local public entity" means any county, city, city and county,
the duly constituted governing body of an Indian reservation or
rancheria, redevelopment agency organized pursuant to Part 1
(commencing with Section 33000) of this division, or housing
authority organized pursuant to Part 2 (commencing with Section
34200) of this division, which is authorized to engage in or assist
in the development or operation of housing for persons and families
of low or moderate income. "Local public entity" also includes two or
more local public entities acting jointly.
   (b) "Persons of low income" means persons and families who lack
the amount of income which is necessary (as determined by the local
public entity) to enable them, without financial assistance, to live
in decent, safe and sanitary dwellings without overcrowding.
   (c) "State public body" has the same meaning as defined in Article
XXXIV of the State Constitution.



36003.  An action may be brought pursuant to Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure to determine the validity of the action of a state agency
or local public entity in giving preliminary or final approval to a
proposal or application which may result in housing assistance
benefiting persons of low income without obtaining prior referendum
approval pursuant to Article XXXIV of the California Constitution.



36004.  No action attacking or otherwise questioning a contract of
financial assistance for, or the acquisition, construction or
development of, a low-rent housing project for which final approval
or a legally binding commitment was given by the governing body of a
state public body or local public entity prior to August 20, 1976,
may be brought on the grounds of failure to obtain referendum
approval pursuant to Article XXXIV of the State Constitution, except
as to low-rent housing projects owned in fee by local housing
authorities pursuant to the Housing Authorities Law, Chapter 1
(commencing with Section 34200) of Part 2, and farm labor centers
developed after January 14, 1972, pursuant to the Farm Labor Centers
Law, Part 7 (commencing with Section 36050) of this division.



36005.  No judicial action attacking or otherwise questioning the
validity of the action of a state agency or a local public entity in
giving final approval to a proposal or application which may result
in housing assistance benefiting persons of low income without
obtaining prior approval pursuant to Article XXXIV of the California
Constitution shall be brought prior to the notice of funding
commitment by the state agency or the adoption of a resolution or
ordinance by the legislative body of the local public entity
approving the proposal or application, nor may any such action be
brought at any time after 60 days from the date of the notice of
funding commitment or the date of adoption of the ordinance or
resolution approving the proposal, as appropriate.