1. (a) The payment of rent in arrears shall not exceed one month's rent plus a reasonable late charge. Program funds shall be used only if:

   1. (1) The client is unable to pay the rent in arrears and is threatened with eviction; and
   2. (2) No other resources or assistance are available to pay the rent in arrears; and
   3. (3) The client has not received more than one EHAP payment of rent arrears in the immediate past two years.

2. (b) The payment of initial rent shall consist of no more than the first month's rent or the last month's rent, or both if required as a condition of the occupancy of permanent housing. Program funds shall be used only if:

   1. (1) No other resources or assistance are available to pay the initial rent; and
   2. (2) The client has not received more than one EHAP payment of initial rent in the immediate past two years.
3. (c) Grant funds to be used for residential rental assistance shall be accounted for separately.
4. (d) Interest earned on the grant funds set aside for rental assistance shall be continuously credited to the rental assistance account.

5. (e) Prior to providing residential rental assistance, the grantee shall verify that:

   1. (1) The client is eligible to participate in the program and has income sufficient to pay the monthly rent; and
   2. (2) An appropriately sized and priced rental unit is available and suitable for occupancy by the client.
6. (f) The client shall not have direct use of grant funds. Grant funds shall be distributed directly from the grantee to the landlord.

7. (g) A grantee providing residential rental assistance shall:

   1. (1) Make determinations regarding the eligibility of clients based upon a written application from the client;
   2. (2) Provide information to clients on the tenant-landlord relationship, on the appropriate treatment of rental property, on appropriate behavior within the neighborhood, and on the importance of timely rental payments; and
   3. (3) Provide staff who shall be reasonably available to landlords and tenants to answer questions or complaints about the program.

The following requirements apply to the use of program funds under an operating grant to provide residential rental assistance to clients.

Note: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety Code. Reference: Section 50803, Health and Safety Code.

History

1. Repealer and new section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94, No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or emergency language will be repealed by operation of law on the following day.

2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.

3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.

4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.

5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 6-15-95 order including amendment of section transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).