Cal. Code Regs. Tit. 25, § 7806 - Calculation of Affordable Rents
(a) For the purposes of the Program, rent for
the assisted units shall include all regular charges paid to a sponsor or local
housing authority by an eligible household for the use and occupancy of an
assisted unit in a rental housing development.
(b) Rent payable for assisted units occupied
by very low income households shall be deemed affordable for the purposes of
the Program if, including an allowance for utility costs, it does not exceed
the greater of:
(1) A "base rent" of
twenty-five percent (25%) of the amount payable to specific household sizes
pursuant to Section
11453
of the Welfare and Institutions Code, as adjusted annually pursuant to Section
11453
of the Welfare and Institutions Code, and the size of the unit, as set forth
below
1-BR Unit-2 person household
2-BR Unit-2 person household
3-BR Unit-4 person household
4-BR Unit-6 person household
5-BR Unit-8 person household
or, if higher,
(2) twenty-five percent (25%) of the income
of such household.
(c)
Rent payable for assisted units occupied by other lower income households shall
be deemed affordable for the purposes of the Program if, including an allowance
for utility costs, it does not exceed the greater of:
(1) a "base rent" of twenty-five percent
(25%) of fifty percent (50%) of the area median income adjusted for family size
of the geographical area in which the rental housing development is located,
or, if higher,
(2) twenty-five
percent (25%) of the income of such household.
(d) For the purposes of this section,
"utilities" include garbage collection, sewer, water, gas, electricity and
other heating, cooling or refrigeration fuels which are billed separately from
the rent but do not include the cost of telephone service.
(e) The allowance for utility costs shall be
calculated as follows: An estimate of utility usage and costs will be prepared
for each assisted unit. Such estimate will be based on a reasonable use of
utilities by a typical household and will take into account the size and energy
efficiency of each unit, and the cost of such utilities then current with
respect to the development, considering any subsidies to which the typical
eligible household may be entitled. This estimate shall be the allowance for
determination of affordable rent pursuant to subdivisions (b) and (c) for the
first year of occupancy of the assisted unit. This estimate shall be reviewed
annually, taking into account changes in utility costs, and the allowance for
utility costs after approval by the Agency or responsible agency shall be
adjusted accordingly and implemented pursuant to Sections 7864 and
7888.
(f) Notwithstanding any
provision of this section, an eligible household shall not be entitled to
receive any payment or "negative rent" if its allowance for utilities exceeds
the amount specified in subdivisions (b)(1) or (b)(2) or (c)(1) or
(c)(2).
(g) Notwithstanding any
other provision of this Section, where assisted units are receiving subsidies
under Section 8 of Title II of the Housing and Community Development Act of
1974 as amended, then the rents payable by tenants of such assisted units
pursuant to the rules and regulations governing the Section 8 Program shall be
deemed affordable for the purpose of this Program.
(h) Where the responsible agency or the
Agency is authorized to fix and alter a schedule of rents necessary to provide
residents of non-assisted units with affordable rents, to the extent consistent
with the maintenance of the financial integrity of the rental housing
development, the affordable rents, if any, will be determined by the
responsible agency or the Agency on a case-by-case basis consistent with the
calculation of rental income necessary to ensure the financial feasibility of
the particular rental housing development.
Notes
Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50749 and 50759, Health and Safety Code.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).
3. Amendment filed 10-25-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 44).
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