Cal. Code Regs. Tit. 21, § 1483.1 - Priority 3: Use Restrictions

(a) Restrictions. As a condition for sale at a Reasonable Price at Priority 3, a Housing-Related Public Entity shall agree to Use and Resale Restrictions containing the terms, conditions, and restrictions imposed by the Department to ensure the property remains available to Persons and Families of Low or Moderate Income. The Use and Resale Restrictions described in § 1485.1 shall apply to properties purchased at Priority 3, with:

(1) All references to "Priority 5" shall be read as "Priority 3", and

(2) All references to "Housing-Related Private Entity" shall be read as "Housing-Related Public Entity" except those references in § 1485.1(c)(1).

(b) Provisions Specific to Properties in the City of Pasadena. If the Surplus Residential Property offered at Priority 3 is within the City of Pasadena, then:

(1) In addition to the restrictions described in § 1485.1(b), the Housing-Related Public Entity, excluding sales as specified in § 1477.2(a)(5) to the City of Pasadena, shall cause the Surplus Residential Property to be developed as a limited equity cooperative with first right of occupancy to present Occupants, unless the Housing-Related Public Entity determines such a cooperative is not feasible.

(2) Section 1485.1(e) shall not apply.

(3) § 1485.1(c)(2)(B) shall not apply. Instead, for Surplus Residential Properties not sold as specified by § 1477.2(a)(5), § 1485.1(c)(2)(B) shall be read as saying: "All profits from the subsequent sale by the Housing-Related Public Entity shall be dedicated to the construction of housing for Persons and Families of Low or Moderate Income within Pasadena, South Pasadena, Alhambra, La Canada Flintridge, or the 90032 postal ZIP Code."

(4) As a condition for sale of unoccupied Surplus Residential Properties at the Minimum Sales Price to the City of Pasadena at Priority 3, under § 1477.2(a)(5), the City of Pasadena shall agree to Use and Resale Restrictions containing the terms, conditions, and restrictions imposed by the Department to ensure compliance with Government Code section 54239.5. The Use and Resale Restrictions are contained in their entirety in Form 1477.2(a)(5) -- City of Pasadena, Priority 3, Unoccupied Surplus Residential Properties (03/23), which is hereby incorporated by reference. Upon mutual consent of the Department and the City of Pasadena, the Use and Resale Restrictions may be amended to the extent that such amendment does not contradict statute.

(c) Provisions Specific to Properties in the City of South Pasadena. If the Surplus Residential Property offered at Priority 3 is within the City of South Pasadena, then:

(1) § 1485.1(c)(2)(B) shall not apply. Instead, § 1485.1(c)(2)(B) must be read as saying: "All profits from the subsequent sale by the Housing-Related Public Entity are dedicated to the construction of housing for Persons and Families of Low or Moderate Income within the City of South Pasadena."

Notes

Cal. Code Regs. Tit. 21, § 1483.1

1. 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.
2. Amendment of subsection (a)(2), new subsections (c)-(c)(1) and amendment of NOTE filed 4-7-2022 as an emergency; operative 4-7-2022 (Register 2022, No. 14). Pursuant to Government Code section 54239.4(f), this is a statutorily deemed emergency and the emergency language remains in effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL by 4-7-2024 or emergency language will be repealed by operation of law on the following day.
3. Refiling of 4-7-2022 emergency amendments, including amendment of section and NOTE, on 7-3-2023 as an emergency; operative 7-3-2023 (Register 2023, No. 27). Pursuant to Government Code section 54239.5(e), this is a statutorily deemed emergency and the emergency language remains in effect until 9-30-2024. A Certificate of Compliance must be transmitted to OAL by 9-30-2024 or emergency language will be repealed by operation of law on the following day.

Note: Authority cited: Sections 54237, 54237.10, 54239.4 and 54239.5, Government Code. Reference: Sections 54236, 54237, 54238, 54239.4 and 54239.5, Government Code.

1. 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.
2. Amendment of subsection (a)(2), new subsections (c)-(c)(1) and amendment of Note filed 4-7-2022 as an emergency; operative 4/7/2022 (Register 2022, No. 14). Pursuant to Government Code section 54239.4(f), this is a statutorily deemed emergency and the emergency language remains in effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL by 4-7-2024 or emergency language will be repealed by operation of law on the following day.
3. Refiling of 4-7-2022 emergency amendments, including amendment of section and Note, on 7-3-2023 as an emergency; operative 7/3/2023 (Register 2023, No. 27). Pursuant to Government Code section 54239.5(e), this is a statutorily deemed emergency and the emergency language remains in effect until 9-30-2024. A Certificate of Compliance must be transmitted to OAL by 9-30-2024 or emergency language will be repealed by operation of law on the following day.