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§ 6607. Monitoring and Revocation of Prohousing Designations.

25 CA ADC § 6607Barclays Official California Code of RegulationsEffective: January 2, 2024

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 6. Department of Housing and Community Development Programs
Subchapter 6.6. Prohousing Designation Program
Effective: January 2, 2024
25 CCR § 6607
§ 6607. Monitoring and Revocation of Prohousing Designations.
Currentness
(a) The Department shall monitor Prohousing Designations on an ongoing basis and may revoke a Prohousing Designation at any time, as specified herein.
(1) Through the procedures specified in paragraphs 2 through 8, the Department shall review and revoke a Prohousing Designation upon determining any of the following has occurred, unless the Department receives a written response or corrective action pursuant to paragraphs 4 through 7 of this section that demonstrates compliance or resolves the following:
(A) A Jurisdiction has failed to enact or implement a proposed Prohousing Policy within the timeframe specified in its application for a Prohousing Designation, including, but not limited to, failures to enact a proposed Prohousing Policy due to a lack of a necessary California Coastal Commission certification, or taking other actions inconsistent with these regulations.
(B) A Jurisdiction has failed to facilitate the planning, approval, or construction of a variety of housing types (e.g., increasing zoned capacity for supply, facilitating affordability for all income levels, removing regulatory barriers to development, and streamlining approval).
(C) A Jurisdiction has failed to implement integrated planning and development consistent with the state planning priorities set forth at Government Code section 65041.1 and/or the regional transportation plan adopted by the relevant transportation agency pursuant to Government Code sections 65080 and 65080.01. A Jurisdiction may implement these priorities through various actions, including, but not limited to, facilitating Location Efficient Communities.
(D) A Jurisdiction has failed to meet its obligations to Affirmatively Further Fair Housing under Government Code sections 8899.50 and 65583, subdivisions (c)(1), (c)(5), and (c)(10).
(E) A Jurisdiction has failed to comply with state housing law, including, but not limited to, any of the laws specified in Section 6604.
(F) A Jurisdiction has failed to take action or has taken action inconsistent with a housing element, including any failure to implement program actions pursuant to Government Code section 65585(i).
(2) The Department shall receive and consider any information related to the items in subparagraphs (A)-(F) of paragraph (1) that is submitted to [email protected] or that otherwise becomes available to the Department.
(3) The Department shall notify the Jurisdiction, within thirty (30) calendar days, in writing of any review that it commences pursuant to this section.
(4) The Department shall allow thirty (30) calendar days for the Jurisdiction to respond in writing to a notification of review. The written response shall include a schedule of corrective action, if necessary.
(5) The Department shall consider comments from and may consult with any individual, entity, or public agency during its review of a Jurisdiction's Prohousing Designation.
(6) The Department shall issue a preliminary finding to the Jurisdiction within seventy-five (75) calendar days of its notification of review. The preliminary finding shall include a preliminary determination that a violation as identified in (A) to (F) has occurred, a corrective action plan that would resolve the violation, and a prospective deadline to comply. The deadline to comply shall be no later than 90 calendar days from the date of the preliminary finding. The Jurisdiction shall have 30 calendar days from the date of its receipt of the preliminary finding to respond to the Department's preliminary finding.
(7) The Department shall issue a final determination within seventy five (75) calendar days of the deadline for the Jurisdiction's written response to the Department's preliminary findings. The final determination shall state whether the identified violation has been resolved and if not resolved, shall state that the Prohousing Designation has been revoked. The Department may extend the deadlines specified in subdivisions (a)(2) to (a)(7) if it determines that more time is needed to assess whether to revoke a Prohousing Designation.
(8) Jurisdictions may apply for a new Prohousing Designation after remedying the violations or problems identified by the Department in its final determination to revoke a previously granted Prohousing Designation.

Credits

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
History
1. New section filed 6-25-2021 as an emergency; operative 6-25-2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-25-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-1-2022 as an emergency; operative 4-22-2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-2022 or emergency language will be repealed by operation of law on the following day.
3. New subchapter 6.6 (sections 6600-6607) and section refiled 7-5-2022 as an emergency; operative 7-19-2022 (Register 2022, No. 27). Senate Bill 197 (Stats. 2022, c. 70) modified Government Code section 65589.9(d)(2) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 65589.9(d)(2), as modified by Senate Bill 197 (Stats. 2022, c. 70), the emergency regulations shall remain in effect until the date that permanent regulations become effective.
4. Editorial correction of History 3 (Register 2024, No. 1).
5. Certificate of Compliance as to 7-19-2022 order, including renumbering of former section 6607 to section 6607.1 and new section 6607, transmitted to OAL 11-15-2023 and filed 1-2-2024; amendments operative 1-2-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 25, § 6607, 25 CA ADC § 6607
End of Document