50755-50760

HEALTH AND SAFETY CODE
SECTION 50755-50760




50755.  The department may contract with local public entities to
provide funds to be used by those entities to obtain a right of
occupancy or leasehold for eligible households in some or all of the
units in a rental housing development. In order to maximize the
number of units for which a right of occupancy or leasehold is
obtained, the payment made by the local public entity in obtaining
the right or leasehold shall not exceed the costs of developing the
unit. The local public entity may be authorized by the department to
pay the entire amount of the development costs as soon as the unit is
available for occupancy.
   Any contract executed pursuant to this article which provides for
a right of occupancy or leasehold in favor of a local public entity
shall be recorded or referenced in a recorded document in the office
of the county recorder of the county in which the real property is
located. The contract shall particularly describe the real property
subject to the right of occupancy or leasehold, designate the
specific rental units or proportion of the rental housing development
subject to the right of occupancy or leasehold, and specify the
period for which the right of occupancy or leasehold extends.



50756.  Each contract pursuant to Section 50755 shall be recorded or
referenced in a recorded document in the office of the county
recorder of the county in which the rental housing development is
located, and shall be indexed by the recorder in the grantor index to
the name of the sponsor and in the grantee index to the name of the
State of California. The contract shall contain all of the following
provisions:
   (a) The amount and terms of payments to be provided under this
article.
   (b) A description of the way in which the payments will be used to
provide affordable rents to eligible households occupying dwelling
units within the rental housing development.
   (c) A description of the rental housing development, projected
rent levels for all units, and the number of units to be occupied by
eligible households.
   (d) A requirement for periodic reports by the local public entity,
which shall at a minimum include information on the fiscal condition
of the rental housing development, the maintenance of the
development, and the number of units occupied by eligible households.
   (e) The terms of the regulatory agreement to be entered into
between the sponsor and the local public entity pursuant to Section
50757 after the department's approval.
   (f) Standards which govern selection of tenants by housing
sponsors to ensure occupancy by eligible households consistent with
the requirements of Sections 50736 and 50739 and the terms of
occupancy agreements to be used in rental housing developments.
   (g) Provisions sufficient to ensure that dwelling units shall be
available to, or occupied by, eligible households for a period of not
less than 30 years.
   (h) Provisions which specify the timing and manner in which
payments are made by the department so as to ensure the economic
feasibility of the rental housing development and to protect the
interests of the state.
   (i) A provision which specifies the conditions under which the
department and any intended beneficiary may enforce the regulatory
agreement.
   (j) A provision that failure to operate the assisted units in
accordance with the regulatory agreement shall be deemed a violation
of the regulatory agreement or deed of trust, as the case may be. In
the alternative, or in addition, the agreement may contain a lien on
the rental housing development for the purpose of securing
performance of the agreement. That lien shall include a legal
description of the assisted real property which is subject to the
lien and shall specify the duration of the lien on the assisted
property.
   (k) Provisions necessary for the administration, disbursement, and
protection of annuity fund payments, including provisions specifying
the conditions under which the department may recover or reallocate
all or any part of those payments for the benefit of eligible
households in additional or existing assisted units.
   ( l) Provisions that do both of the following:
   (1) Govern the recovery and reallocation by the department of rent
revenues, derived by the sponsor from the assisted units which are
not necessary to defray costs of operation attributable to the units.
   (2) Specify the allowable return on the sponsor's investment.
   Those rent revenues shall be handled by the department in the same
manner as annuity payments recovered pursuant to subdivision (k).
   (m) Authorization for the local public entity to fix and alter
rents pursuant to subdivision (a) of Section 50759.
   (n) Any other provisions necessary to carry out the purposes and
to exercise the powers granted by this chapter.



50757.  Any rental housing development assisted pursuant to this
article shall be governed by a regulatory agreement between the
sponsor and the local public entity. The regulatory agreements shall
contain all of the following:
   (a) Restrictions on occupancy of the dwelling units within the
rental housing development necessary to meet the requirements of
Sections 50736 and 50739.
   (b) A requirement that all contractors and subcontractors use
affirmative action in hiring.
   (c) Provisions implementing the terms of tenant selection
standards and occupancy agreements.
   (d) Provisions necessary for the administration and protection of
annuity funds established pursuant to Section 50748 and for recapture
and reallocation of annuity fund payments and rent revenues pursuant
to subdivisions (k) and ( l) of Section 50756.
   (e) Any other provisions necessary to carry out the purposes and
to exercise the powers granted by this chapter.



50758.  With respect to units for which a local public entity has
obtained a leasehold or right of occupancy, the local public entity
may manage the units or may contract for management of the units with
the housing sponsor or other persons designated by the local public
entity, with the approval of the department.


50759.  With respect to assisted units developed pursuant to this
article, the local public entity shall do all of the following:
   (a) Ensure the provision of affordable rents.
   (b) Ensure that the incomes of tenants are recertified annually.
   (c) Ensure that upon income recertification rents are adjusted and
take effect within 30 days of adjustment.
   (d) Determine standards for, and ensure fair procedures for, the
selection of tenants by housing sponsors or other management
designated pursuant to Section 50758 to ensure occupancy by eligible
households consistent with the requirements of Sections 50736 and
50739.
   (e) Regulate the terms of tenant occupancy agreements.



50760.  With respect to units developed pursuant to this article,
the local public entity may, and at the direction of the department
shall, do any of the following:
   (a) Through its agents or employees enter upon and inspect the
lands, buildings, equipment, and books and records of the rental
housing development at any time before, during, or after construction
of the units assisted pursuant to this article. Entry or inspection
of any occupied unit is subject to Section 1954 of the Civil Code.
   (b) Supervise the operation and maintenance of any housing
assisted pursuant to this section and order any repairs necessary to
protect the public interest or the health, safety, or welfare of
occupants of the housing.