Article
1. Program Design
64933.
(a) In all its operations, the authority shall seek to achieve revenue neutrality over the long term. The authority shall seek to recuperate the cost of development and operations over the life of its properties through the mechanisms that maximize the number of Californians who can be housed without experiencing rent burden, such as rent cross-subsidization or cost rent.(b) (1) The authority shall develop regional target percentages for extremely low income, very low income, and low-income housing that seek to maximize low-income housing within the constraints of long-term revenue neutrality and maintaining sufficient operational, maintenance, and capital reserves. The methodology for low-income housing
maximization in each development region shall be explained at a board meeting and shall be subject to public comment.
(2) Priority consideration for the use of the authority’s proceeds shall be given to the building and acquiring of social housing units, and subsidies for extremely low income, very low income, and low-income residents in affordable units.
(c) The authority shall prioritize development of property with all of the following characteristics:
(1) Vacant parcels.
(2) Underutilized parcels or redevelopment of underutilized parcels without affordability covenants or rent-controlled units.
(3) Surplus public properties.
(4) Parcels near transit.
(d) (1) If the development of a property requires the rehabilitation or demolition of covenanted affordable units, the new development shall include a greater number of affordable units by income group than the previous property.
(2) Each multiunit property shall include a variety of mixed-income units according to area median income levels.
(e) If the development of a property requires the removal of residents from the property, the authority shall cover the temporary relocation costs of these residents, including, but not limited to, all of the following:
(1) Costs of searching for a new residence.
(2) Moving costs.
(3) Any differences between the resident’s previous rent at the property and their rent during the authority development period.
(f) Residents who are displaced during the authority’s development of the property shall have the right to live in the new social housing property for their previous rent for the period of one year, or the authority’s established rent for the resident’s income level, whichever is lower.
(g) If a displaced resident chooses not to occupy the new social housing development, the authority is not obligated to pay the difference between new and old rents, as described in subdivision (e), after the displaced resident could otherwise have begun occupying the property.
64934.
The authority shall make an annual determination of the required amount of social housing units to be produced in the following manner:(a) Annual regional housing needs assessment targets shall be calculated as the total RHNA cycle targets for each jurisdiction divided by the length of the RHNA cycle. The authority shall update its calculations each year based on housing construction data submitted by jurisdictions to the Department of Housing and Community Development.
(b) On or before January 1, 2029, and each year thereafter, the authority shall determine the gap between the previous year’s regional housing needs assessment targets for very low income, low-income, moderate-income, and above
moderate-income housing, as determined by the Department of Housing and Community Development and local councils of government, and actual housing construction, as determined by official local statistics.
(c) The authority shall split the very low income RHNA allocation into extremely low income and very low income allocations based on the latest available census or official survey data for the relevant jurisdiction.
(d) Within a given year, the authority is authorized at least to construct the required number of units to meet the gap between the previous year’s extremely low income, very low income, low-income, moderate-income, and above moderate-income housing unit construction and regional housing needs assessment targets.
64935.
(a) In creating social housing, the authority shall employ two different leasing models, the rental model and the ownership model, consistent with the requirements of this title.(b) In the rental model, the authority shall extend a one-year lease for a social housing unit to eligible individuals who commit to a minimum of one year of residence, barring extraordinary circumstances.
(c) The rents or the rates on a leasehold mortgage in a multifamily property shall be set according to all of the following requirements:
(1) The authority shall strive to ensure that residents do not pay more than 30 percent of
their income for housing.
(2) Any rental adjustments applied shall be applied in a manner that does not discourage the residents’ pursuit of higher income.
(3) Subject to the directive of paragraph (2), if a resident’s income changes, upon the next vacancy, the property manager shall rent to an appropriate income group to abide by revenue neutrality and meet other requirements.
(4) For cost rentals, the authority will determine a reasonable proceeds cap on rental units. Priority consideration for the use of the authority’s proceeds shall be given to the building and acquiring of social housing units, and subsidies for extremely low income, very low income, and low-income residents in affordable units.
(d) In the ownership model, the authority shall
extend a 99-year lease to individuals who commit to a minimum of five years of residence in the social housing unit. This lease shall be in the form of a limited equity arrangement.
(e) Under the ownership model, upon the death of the owner of the social housing unit, the unit may be transferred to the deceased’s heir by devise or as any other real property may pass. If a transferee is not eligible to be a resident, the transferee shall sell the unit to the authority.
(f) Under the ownership model, all of the following conditions shall apply:
(1) The estate’s land and common areas will be owned by the authority.
(2) The authority may operate as a lender for residents.
(3) Buyers shall pay
at least a 15-percent downpayment.
(4) Housing units may only be sold after meeting all of the following conditions:
(A) A minimum of five years of owner-occupancy.
(B) The authority shall have the right of first refusal to buy back a property.
(C) If the authority does not exercise its right to purchase the unit, the unit may be sold by the owner to an eligible buyer subject to requirements established by the authority.
(5) Properties shall be sold at a price that allows the owner to have a reasonable return on investment, which may include documented capital improvements and adjustments for inflation.
(g) Residents may be
evicted for either of the following reasons:
(1) Failure to meet social housing community standards, as determined by the authority or governance council.
(2) Failure to pay rent for more than two months.
(h) Residents shall enjoy all of the following protections:
(1) Property managers shall provide a 24-hour notice before entering the resident’s unit.
(2) Termination for nonpayment of rent requires a 14-day notice prior to eviction.
(3) Residents may recover abandoned properties within 60 days of receiving an eviction notice.
64936.
Applicants to be residents and continuing residents shall meet all of the following eligibility requirements, as may be applicable to them:(a) Except in the case of above moderate-income units, social housing units shall be the resident’s sole residence.
(b) A potential resident shall prove that they have been living or working in California at the time of their application. The authority shall promulgate rules and criteria to determine the necessary residency or work qualifications solely for eligibility purposes, and these shall include sufficient qualifying criteria that do not discriminate against applicants based on their belonging to any protected class.
(c) Upon approval by the authority, or the applicable governance council if authorized by the authority, residents whose units are part of the ownership model may rent their units. The authority shall prescribe the conditions pursuant to which a governance council may regulate renting.
(d) Residents under the rental model shall commit to one year of residence in the rental unit, after which a month-to-month tenancy may take effect. Residents under the ownership model shall commit to at least five years of primary residence in their unit.
(e) Under certain circumstances, a resident shall be allowed to interrupt residence requirements without penalty, including:
(1) Job relocation.
(2) Change
in the household structure.
(3) Serious physical or mental illness.
(4) A mutually agreed-upon unit swap with another social housing resident within the same property pursuant to authority requirements.
(5) Other circumstances authorized by the authority or the governance council, to the extent authorized by the authority.
(f) If a resident interrupting their tenancy or leasehold mortgage does not satisfy the requirements for an exception, the resident may be subject to one of the following penalties:
(1) Obligation to pay rent or make payments on a leasehold mortgage until a new resident is located.
(2) In the case of a
resident leasing under the ownership model, forfeiture of proceeds from resale of the property.
(3) Ineligibility to reside in authority units for a period of five years, or as determined by the authority.
(g) Except in cases that evidence a clear and manifest danger to the development or its residents, as may be determined by the authority, a prior criminal record shall not in any way preclude a person from residing in social housing.
64937.
(a) Subject to the requirements of subdivision (b), the authority shall use a lottery to select social housing residents from all qualifying applicants. The lottery shall be structured by income categories and shall provide separate selection results for each category.(b) If residents of a property who were displaced during the authority’s development of the property as social housing have elected to lease a unit in the social housing, they shall be accommodated prior to offering units to others pursuant to subdivision (a).