§ 7202. Definitions.
25 CA ADC § 7202Barclays Official California Code of Regulations
25 CCR § 7202
§ 7202. Definitions.
In addition to the definitions found in Chapter 2 (commencing with Section 50050), of Part 1 of Division 1 of the Health and Safety Code, the following definitions and, for rental housing developments only, those found in the Uniform Multifamily Regulations (“UMRs”) (Chapter 7, subchapter 19, Section 8301), shall apply to this subchapter. In the event of a conflict between the following definitions and those found in the UMRs, the following definitions prevail for the purpose of this subchapter. References to code sections refer to sections of these regulations unless otherwise noted:
(a) “Agricultural employment” means employed in the cultivation and tillage of the soil; the production, cultivation, growing and harvesting of any agricultural or horticultural commodities; the raising of livestock, bees, furbearing animals, or poultry; dairying, forestry, and lumbering operations; and any work on a farm as incident to or in conjunction with such farming operations, including the delivery and preparation of commodities for market or storage.
(l) “Fiscal Integrity,” with respect to a Rental Housing Development, means that the total Operating Income plus funds released pursuant to the Regulatory Agreement from the operating reserve account is sufficient to: (1) pay all current Operating Expenses (including asset management fees and deferred developer fees, if permitted by the Regulatory Agreement); (2) pay all current debt service (excluding deferred interest); (3) fully fund all reserve accounts (other than the operating reserve account) established pursuant to the Regulatory Agreement; and (4) pay other extraordinary costs permitted by the Regulatory Agreement. The ability to pay any or all of the permitted annual Distributions shall not be considered in determining Fiscal Integrity.
(p) “Grant Agreement” means the written agreement between the department and the developer of a rental housing development receiving a grant or the developer of an ownership housing project, as more fully described in Section 7226, ensuring compliance with construction, financial and program obligations.
(t) “Limited Partnership” means a “limited partnership” as defined in Section 171.5 of the Corporations Code and in which each general partner is a nonprofit public benefit corporation, a limited liability company where all the members are nonprofit public benefit corporations, or a combination of both.
(u) “Local public entity” means any county, city, city and county, redevelopment agency or public housing authority, and also includes any state agency, public district or other political subdivision of the state, and any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low income. It also includes the governing body or housing authority of a federally recognized Indian tribe. It also includes two or more local public entities acting jointly.
(x) “Matching share” means the proceeds of loans, cash investments, or in-kind contributions that the recipient commits to the total development or rehabilitation cost of the housing development. The Department will determine the valuation and eligibility of a proposed matching share where necessary.
Credits
Note: Authority cited: Sections 50402 and 50406, Health and Safety Code. Reference: Section 50517.5, Health and Safety Code.
History
1. Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 7).
2. Amendment of definitions of “Grant” and “Grantee” and repealer of definition of “Nonprofit corporation” filed 10-1-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 40).
3. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 25, § 7202, 25 CA ADC § 7202
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