Cal. Code Regs. Tit. 21, § 1482 - Priority 2: Sales to Above Moderate-Income Households

(a) Offer at Priority 2. A Single-Family Residence not sold at Priority 1 shall next be offered to its current Occupant(s) at an Affordable Price or at Fair Market Value pursuant to this section.

(b) Eligibility Criteria to Receive a Sales Contract.

(1) To be eligible to receive a sales contract to purchase a property at an Affordable Price, an Occupant shall:

(A) have used the property as their Principal Place of Residence continuously for the five years prior to the postmarked date on the letter sent pursuant to § 1478(a)(1); and

(B) meet the definition of an Above-Moderate Income Household; and

(C) have had no ownership interest in real property for the three years prior to the postmarked date on the letter sent pursuant to § 1478(a)(1); and

(D) have provided a written response that meets the criteria in both § 1478(d) and 1478(f); and

(E) have a Calculated Affordable Price, as defined by § 1481.2(c)(2), with a positive dollar value.

(2) To be eligible to receive a sales contract to purchase a property at Fair Market Value, an Occupant shall meet the criteria in (1)(A) through (D).

(c) Sales Process. Priority 2 sales will use the process for Priority 1 sales as described in § 1481(c) through (q), with all references to "Priority 1" in those sections being treated as if they refer to "Priority 2." And all references to (b) being treated as references to § 1482(b).

Notes

Cal. Code Regs. Tit. 21, § 1482

1. New section filed 7-26-2016; operative 7-26-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.
3. Pursuant to Government Code section 54239.5(e)(3), as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance must be transmitted to OAL by 9-30-2024 or language of the emergency order of 12-13-2021 (Register 2021, No. 51) will be repealed by operation of law on the following day. (Register 2023, No. 27)

Note: Authority cited: Section 54237, Government Code. Reference: Sections 54236, 54237 and 54237.3, Government Code.

1. New section filed 7-26-2016; operative 7/26/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12/13/2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.