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§ 5170. Definitions.

4 CA ADC § 5170BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 4. Business Regulations
Division 9.5. California Debt Limit Allocation Committee
Chapter 2. Qualified Residential Rental Projects
Article 1. Definitions
4 CCR § 5170
§ 5170. Definitions.
In addition to the definitions set forth in Government Code section 8869.82 and unless otherwise required by the context, the following terms as used in this chapter are defined as follows:
“Adaptive Reuse” means the retrofitting and repurposing of existing buildings that create new Qualified Residential Rental Project units for the market, and expressly excludes any Project that involves rehabilitation or any construction affecting existing residential rental units.
“AMI” or “Area Median Income” means the median family income of a county as set by the U.S. Department of Housing and Urban Development.
“Capital Needs Assessment” means a document containing the information defined in section 5212.
“Community Revitalization Area” means a Distressed Community for which a comprehensive Community Revitalization Plan has been adopted and efforts specific to the plan have occurred.
“Community Revitalization Plan” means a comprehensive plan that details specific efforts being undertaken in a neighborhood or a community, that will result in the improvement of the economic conditions and the quality of life in that area.
“Energy Star” means the certification satisfying the requirements of 42 U.S.C. section 6294(a).
“Federal Promise Zone” means any area with a continuous boundary and a population of not more than 200,000 that is nominated by a local government or Indian tribe and designated by the U.S. Department of Housing and Urban Development to receive priority for Federal funding on the basis of its unemployment, poverty, vacancy, and crime rates.
“Federally Assisted At Risk Project” means a property that is at risk of conversion as defined by Revenue and Taxation Code section 17058(c)(4) and by section 10325(g) of Title 4 of the California Code of Regulations; or a property that otherwise meets all requirements of Revenue and Taxation Code section 17058(c)(4) and section 10325(g) of Title 4 of the California Code of Regulations, except that the federal assistance due to expire within five (5) calendar years of application to the Committee may include a tax-exempt private activity Bond regulatory agreement.
“FHA” means Federal Housing Administration.
“FHA Financed Project” means a project financed under 221(d)3, 221(d)4, 223(f) Federal Housing Administration insurance program, or the Section 202 or 811 Capital Advance program, or any HUD-sponsored capital financing pilot program.
“Final and Conclusive Determination Letter” means a written confirmation from the Department of Finance (DOF) that its determination of an enforceable obligation as approved in a recognized obligation payment schedule is final and conclusive, and reflects DOF's approval of subsequent payments made pursuant to the enforceable obligation.
“Gross Rent” means gross rent as defined by 26 U.S.C. 42(g)(2)(B). Utility allowances, as provided by 26 U.S.C. section 42(g)(2)(B)(ii), will be included for purposes of this calculation. Projects that are Federally Assisted At Risk Projects or Projects that request low income housing tax credits are required to use Gross Rents for the calculation of restricted rents.
“Hard Costs” means the cost of the work specified in a construction contract, including site work, excluding contractor profit, general requirements and contractor overhead.
“High Quality Transit” means a transit line with service seven days per week that operates on a railway, dedicated right-of-way or contains at least one of the following characteristics for at least a portion of its route: use of a High Occupancy Vehicle (HOV) or High Occupancy Toll (HOT) lane, middle of the road boarding alignment, signal prioritization, or use of limited stop service, including express service and skip-stopping.
“HUD” means the United States Department of Housing and Urban Development.
“HUD Development Acknowledgement Letter” means HUD correspondence outlining that a project has submitted an application for FHA financing, that the application has been deemed complete, and that HUD is committed to providing the project with a Firm Commitment Letter prior to the issuance expiration date of the project's Allocation.
“HUD Firm Commitment Letter” means a HUD loan commitment for FHA financing.
“MAP Lender” means a HUD-qualified lender that prepares FHA forms and performs preliminary underwriting for certain FHA loan applications.
“Native American Lands” means real property located within the State of California that meets both the following criteria:
(a) is trust land for which the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians, or is restricted Indian land for which one or more tribes or individual Indians holds fee title to the tract or interest but can alienate or encumber it only with the approval of the United States.
(b) the land may be leased for housing development and residential purposes under federal law.
“New Construction Pool” - QRRP projects applying for an allocation of tax-exempt private activity bonds who meet at least one of the following: (1) the definition of New Construction in Section 5170, (2) projects that involve the demolition or rehabilitation of existing residential units that increase the unit count by (i) 25 or (ii) 50% of the existing units, whichever is greater or (3) adaptive re-use of non-residential structures.
“Other Affordable Pool”: QRRP Projects applying for an allocation of tax-exempt private activity bonds from the General pool that are not eligible for treatment as New Construction or Preservation projects. This would include but not be limited to acquisition/rehabilitation projects and projects that involve both acquisition/rehabilitation and new construction. A rehabilitation or acquisition and rehabilitation project must meet all of the following criteria:
1. Will complete at least $60,000 in hard construction costs per unit, as defined in TCAC Regulation Section 10320(u); and,
2. At least 60% of hard construction costs shall be expended only on immediate health and safety improvements, seismic and accessibility improvements and/or the replacement of major systems with a remaining useful life of less than ten years, as evidenced by a Capital Needs Assessment.
“Preservation Pool” - QRRP projects applying for an allocation of tax-exempt bonds that meet at least one of the following: (1) have a pre-1999 HCD loan that is being restructured pursuant to Section 50560 of the Health and Safety Code (AB 1699 projects); or (2) any replacement or rehabilitation project approved by HUD pursuant to a Section 18 Demolition/Disposition authorization; (3) a Federally-Assisted At-Risk project; 4) any project being rehabilitated under the HUD Rental Assistance Demonstration (RAD) Program, or (5), a project that meets all of the following: (a) the project (or projects, if more than one) is not currently encumbered with an existing CDLAC (via bond issuer), CTCAC, or other affordability regulatory agreement, with the exception of a regulatory agreement associated with a HUD Project-Based Section 8 or USDA Rental Assistance contract; and (b) the project (or projects, if more than one) is subject to an existing project-based contract under Section 8 of the United States Housing Act of 1937 or any comparable rental assistance program that provides rental assistance to at least 50% of the units; and (c) the project shall be required to complete rehabilitation work at a minimum of $60,000 in hard construction costs per unit, as defined in TCAC Regulation Section 10302(u), subject to the provisions of IRC Section 42(e)(3)(A)(ii)(I).
“Public Funds” means direct grants, below market rate or subsidized loans, loans where the repayment of the financing is deferred into the future or based on residual receipts from the Project's cash flow, direct funds from a public source including, but not limited to, waiver of fees or the value of land donated or leased by a public agency substantiated either by the actual purchase price of the land or by an appraisal whichever is lower, excluding a property tax exemption. Public Funds do not include any Allocation awarded by the Committee.
“Qualified Project Period” shall mean the same as defined in 26 U.S.C. section 142(d)(2)(A) and regulations promulgated thereunder, except that the minimum term shall be 30 years.
“Rent Comparability Matrix” means the form by which the third party that has completed the Market Study provides information comparing the Project to comparable properties in the Project's market area and evidences that each of the Project's unit types has met the requirements of Section 5191(b).
“Residential Rental Regulatory Agreement” means a covenant recorded against the title of a subject property by a government entity limiting the property's use to rental housing and restricting tenant incomes and rents to no more than 80% of the Area Median Income of the County in which the property is located.
“Scattered Site Project” means multiple location Projects that:
(a) except where a single existing project-based Section 8 contract is in effect that covers all locations, consist of no more than five (5) locations; and
(b) are not contiguous except for the interposition of a road, street, stream or similar property; and
(c) are proposed to be financed through a single pooled bond transaction; and
(d) all locations are:
(1) subject to a Residential Rental Regulatory Agreement or subject to a federal, state, or local rental or operating assistance agreement:
(A) within the boundaries of the same city, or
(B) within a 10-mile diameter circle within the same county, or
(C) within the same county if no location is within a city having a population of five-hundred thousand (500,000) or more; or
(2) All projects not described within (d)(1) must be within a one (1) mile diameter.
“Standard QRRP Application” means the Application for an Allocation of the Qualified Residential Rental Project Pool titled “Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP)” (Revised 05-31-2018), which is hereby incorporated by reference.
“State of California Universal Application for the Development of Affordable Rental Housing” means the State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool (revised 8-13-10), which is hereby incorporated by reference.
“Substantial Renovation Project” means a multifamily residential rental project where the hard costs of rehabilitation, including overhead, profit, and general conditions, are at least $35,000 per tenant unit.
“Supplemental Allocation” means the award of allocation to a Qualified Residential Rental Program Applicant for a Project that received previous Allocation.
“Supplemental Allocation Request Letter” means the written request from the Applicant for Supplemental Allocation for Projects having been awarded Allocation within the last thirty six (36) months that may be submitted in lieu of a complete Application. The letter must be signed by the Applicant and include information about the Project including the date and amount of prior Allocation, the current status of the Project, revised sources and uses of funds, justification for the request for additional Allocation, and any additional information the Committee or Executive Director deems necessary.
“Universal Competitive Addendum” means the application addendum submitted along with a State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool titled “Competitive Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP) Universal Application Addendum” (revised 11-30-2018), which is hereby incorporated by reference.
“Universal Open Addendum” means the application addendum submitted along with a State of California Universal Application for the Development of Affordable Rental Housing as provided by the California Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee for an Allocation of the Qualified Residential Rental Project Pool titled “Non-Competitive Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project (QRRP) Universal Application Addendum” (revised 11-30-2018), which is hereby incorporated by reference.
“VOC” means a volatile organic compound.
Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.
HISTORY
1. New chapter 2 (articles 1-9, sections 5170-5250), article 1 (section 5170) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 2 (articles 1-9, sections 5170-5250), article 1 (section 5170) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New chapter 2 (articles 1-9, sections 5170-5250), article 1 (section 5170) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including new section heading and amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Repealer of definition of “Redevelopment Agency Housing Set Aside Program” filed 4-4-2012 as an emergency; operative 4-4-2012 (Register 2012, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” refiled with further amendments to those definitions 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
8. New definitions of “FHA,” “FHA Financed Project,” “HUD,” “HUD Firm Commitment Letter,” “MAP Lender” and “Scattered Site Project - Non-Competitive Round” and amendment of definitions of “Federally Assisted At Risk Project,” “Scattered Site Project - Competitive Round,” “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Supplemental Allocation Request Letter,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” filed 8-1-2012 as an emergency; operative 8-1-2012 (Register 2012, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
9. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum, and “Universal Non-Competitive Addendum” refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-4-2012 order, including amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP NonCompetitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum,” transmitted to OAL 9-6-2012 and filed 9-27-2012 (Register 2012, No. 39).
11. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
12. New definitions of “FHA,” “FHA Financed Project,” “HUD,” “HUD Firm Commitment Letter,” “MAP Lender” and “Scattered Site Project” and amendment of definitions of “Federally Assisted At Risk Project,” “Scattered Site Project - Competitive Round,” “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Supplemental Allocation Request Letter,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” refiled 1-24-2013 as an emergency; operative 1-24-2013 (Register 2013, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2013 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-24-2013 order transmitted to OAL 4-17-2013 and filed 5-16-2013 (Register 2013, No. 20).
14. New definition of “Final and Conclusive Determination Letter” filed 6-3-2013 as an emergency; operative 6-3-2013 (Register 2013, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-2013 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 6-3-2013 order transmitted to OAL 11-14-2013 and filed 12-23-2013 (Register 2013, No. 52).
16. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” filed 7-10-2014 as an emergency; operative 7-10-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 7-10-2014 order, including further amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum,” transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1-13-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
18. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Non-Competitive Application,” “Universal Competitive Addendum” and “Universal Non-Competitive Addendum” filed 3-13-2015 as an emergency; operative 3-13-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-9-2015 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 3-13-2015 order transmitted to OAL 5-21-2015 and filed 7-2-2015 (Register 2015, No. 27).
20. Amendment of definitions of “Community Revitalization Plan,” “Standard QRRP Competitive Application,” “Standard QRRP Open Application,” “Universal Competitive Addendum” and “Universal Open Addendum,” new definitions of “Federal Promise Zone,” “High Quality Transit,” “HUD Acknowledgement Letter,” ”Native American Lands,” “Residential Rental Regulatory Agreement,” “Scattered Site Project” and “Substantial Renovation Project” and repealer of definitions of “HOPE VI Project,” “Scattered Site Project - Competitive Round” and “Scattered Site Project - Non-Competitive Round” filed 11-9-2015 as an emergency pursuant to Government Code section 8869.94; operative 11-9-2015 (Register 2015, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-9-2016 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 11-9-2015 order, including nonsubstantive amendment of section, transmitted to OAL 1-27-2016 and filed 3-10-2016 (Register 2016, No. 11).
22. Editorial correction of History 21 (Register 2016, No. 25).
23. Change without regulatory effect amending definitions of “Standard QRRP Competitive Application,” “Standard QRRP Open Application,” “Universal Competitive Addendum” and “Universal Open Addendum” filed 7-19-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 30).
24. Amendment of definition of “HUD Acknowledgement Letter” to “HUD Development Acknowledgement Letter,” amendment of definitions of “State Ceiling on Qualified Private Activity Bonds for a Qualified Residential Rental Project,” “Standard QRRP Open Application,” “Universal Competitive Addendum and Universal Open Addendum,” new definitions of “Hard Costs” and “Other Restricted Units” and repealer of definition of “Sustainable Building Methods” filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
25. Refiling of 12-15-2016 action on 5-30-2017 as an emergency pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
26. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
27. Amendment filed 10-13-2017; operative 10-13-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
28. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Open Application” and “Supplemental Allocation Request Letter” and repealer of definitions of “Table 1” and “Table 2” filed 12-1-2017 as an emergency; operative 12-1-2017 (Register 2017, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-30-2018 or emergency language will be repealed by operation of law on the following day.
29. Change without regulatory effect repealing definition of “Standard QRRP Competitive Application” and renaming and amending former definition of “Standard QRRP Open Application” to new definition of “Standard QRRP Application” filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
30. Amendment of definitions of “Standard QRRP Competitive Application,” “Standard QRRP Open Application” and “Supplemental Allocation Request Letter” and repealer of definitions of “Table 1” and “Table 2” refiled 5-25-2018 as an emergency, including amendment of definition of “Standard QRRP Application”; operative 5-31-2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-29-2018 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 5-25-2018 order transmitted to OAL 8-9-2018 and filed 9-21-2018 (Register 2018, No. 38).
32. Change without regulatory effect amending definitions of “Universal Competitive Addendum” and “Universal Open Addendum” filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).
33. Amendment of definition of “Federally Assisted At Risk Project,” repealer of definitions of “New Construction” and “Other Restricted Units” and new definitions of “New Construction Pool,” “Other Affordable Pool” and “Preservation Pool” filed 5-22-2020 as an emergency pursuant to Government Code section 8869.94; operative 5-22-2020 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-18-2020 or emergency language will be repealed by operation of law on the following day.
34. Emergency filed 5-22-2020 extended 60 days (Executive Order N-40-20). A Certificate of Compliance must be transmitted to OAL by 1-19-2021 or emergency language will be repealed by operation of law on the following day.
35. Amendment of definitions of “New Construction Pool”, “Preservation Pool” and “Other Affordable Pool” filed 6-9-2020 as an emergency; operative 6-9-2020 (Register 2020, No. 24). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 2-5-2021 or emergency language will be repealed by operation of law on the following day.
This database is current through 9/11/20 Register 2020, No. 37
4 CCR § 5170, 4 CA ADC § 5170
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