1. (a) It must be certified by the Department as an eligible participant in accordance with Section 7910.

2. (b) The city and/or county having jurisdiction over the area in which assistance is proposed to be provided, must:

   1. (1) have an adopted housing element which is in conformance with Section 65302 (c) of the Government Code; or
   2. (2) been granted an extension to prepare a Housing Element by the Office of Planning and Research pursuant to Government Code Section 65302.6 prior to approval of the application; or

   3. (3) the Department must make a finding that there exists in the region a severe housing shortage for low and moderate income households, and notwithstanding the locality's failure to comply with state housing element requirements, there exists such an overriding need for the proposed housing assistance that state funding is justified.

      Where the housing development for which assistance is proposed is a subdivision under the State Subdivision Map Act, the requirements of this Act, including Government Code Section 66473.5, shall be met.

3. (c) Unless the governmental agency is an exempt governing body of an Indian reservation or rancheria, the governmental agency must agree to implement a program of assistance to eligible recipients in accordance with Section 7912 which serves to implement the local housing element and Housing Assistance Plan. With respect to assistance programs involving converted rental units, such programs must in addition be part of a comprehensive approach by such agency to the problem of rental unit conversion in the agency's jurisdiction.
4. (d) It must agree to execute a contract with the Department as provided in Section 7914.

Governmental agencies may apply to the Department for a funding commitment under the Program on behalf of eligible households and nonprofit or stock cooperative corporations. To be eligible for a funding commitment under the Program, a governmental agency must meet the following criteria:

Note: Authority cited: Section 50406, Health and Safety Code. Reference: Sections 50775, 50776 and 50777, Health and Safety Code.

History

1. Amendment of subsection (b) (1) and (d) filed 11-13-80 as an emergency; effective upon filing (Register 80, No. 46). A Certificate of compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.

2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).

3. Amendment filed 6-11-81 as an emergency; effective upon filing (Register 81, No. 25).

4. Order of Repeal of 6-11-81 as an emergency order filed 6-19-81 by OAL pursuant to Government Code Section 11349.6 (Register 81, No. 25).

5. Amendment of subsection (c) filed 4-30-82; effective thirtieth day thereafter (Register 82, No. 18).