Cal. Code Regs. Tit. 25, § 8041 - Definitions

In addition to the definitions found in chapter 2 (commencing with section 50050), of part 1 of division 31 of the Health and Safety Code and subchapter 2 (commencing with section 6910) of chapter 6.5 of this title, the following definitions shall apply to this subchapter. In the event of a conflict between definitions, these definitions prevail for the purposes of this subchapter:

(a) "Ability to afford" means that housing costs as defined in section 6920 of this title do not exceed 30 percent of the gross income of the borrower.

(b) "Account" means the special account in the Housing Rehabilitation Loan Fund established by section 8878.21 of the Government Code.

(c) "After-rehabilitation value" means estimated fair market value of the property including completed rehabilitation work.

(d) "Applicant" is a local entity which submits an application to the department to operate a local program.

(e) "Borrower" means an owner-occupant receiving a deferred payment loan made pursuant to this subchapter.

(f) "CHRP-O" is the acronym used to describe the California Housing Rehabilitation Program for Owner-Occupied Housing.

(g) "Deferred payment loan" means a loan from the account made pursuant to this subchapter.

(h) "Department" means the same as defined in section 50064 of the Health and Safety Code.

(i) "Director" means the Director of the Department of Housing and Community Development.

(j) "Elderly" means the same as defined in section 50067 of the Health and Safety Code.

(k) "Gross income" means all income as defined in section 6914 of this title.

(l) "Incipient code violation" means a condition exists in the property which, at the time of the initial property inspection, is deteriorating at such a rate that it will result in a substandard condition within two years of the inspection.

(m) "Leverage" means combining other funding sources with Program funds when originating individual deferred payment loans.

(n) "Liquidated damages" means an amount agreed to by the contractor and local entity to be considered full damages if the contractor should fail to fulfill the terms of the construction contract.

(o) "Loan-to-value ratio" means the ratio between the amount of a mortgage loan and the value of the real estate securing it.

(p) "Local entity" means a local public entity as defined in section 50079 of the Health and Safety Code or a nonprofit corporation as defined in section 50091 of the Health and Safety Code.

(q) "Local program" means a rehabilitation loan program operated by a local entity to provide deferred payment loans for the rehabilitation of property pursuant to the provisions of this subchapter.

(r) "Lower-income household" means the same as defined in section 50079.5 of the Health and Safety Code.

(s) "Overcrowding" means the condition of a dwelling unit that does not meet the space and occupancy standards as set forth in section 503 of the "1988 Uniform Housing Code," issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601.

(t) "Program" means the California Housing Rehabilitation Program for Owner-Occupied Housing.

(u) "Property" means a dwelling unit constructed pursuant to the requirements of State Housing Law (California Health and Safety Code division 13, part 1.5, commencing with section 17910), occupied by an eligible borrower as his or her principal place of residence.

(v) "Rehabilitation" means repairs to substandard owner-occupied property necessary to meet rehabilitation standards or to correct defects causing it to be a substandard building pursuant to section 17920.3 of the Health and Safety Code, and improvements, including room additions and handicapped accessibility work, financed pursuant to this subchapter.

(w) "Room addition" means the construction of additional square footage on the property necessary to abate overcrowding. "Room addition" also means the construction of an additional bathroom where the absence of such a bathroom results in a substandard condition as defined in section 17920.3(a)(1) of the Health and Safety Code.

(x) "Rural area" means the same as defined in section 50101 of the Health and Safety Code.

(y) "Very low-income household" means persons or families as defined in section 50105 of the Health and Safety Code.

Notes

Cal. Code Regs. Tit. 25, § 8041

1. New section filed 11-30-89 as an emergency; operative 11-30-89 (Register 89, No. 49). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 (Register 90, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90, No. 38). A Certificate of Compliance must be transmitted to OAL by 11-23-90 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative 8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 11-16-90 as an emergency; operative 11-16-90 (Register 90, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-18-91 or emergency language will be repealed by operation of law on the following day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative 12-21-90 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by 4-22-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on 3-30-90, 7-26-90 and 11-16-90, including amendment of subsections (f) and (i) (l), (m), (n), (o), (u), and (w) transmitted to OAL 11-30-90 and filed 12-31-90 (Register 91, No. 7).

Note: Authority cited: Section 50668.5(g), Health and Safety Code. Reference: Sections 17910, 17920.3, 50052.5, 50064, 50067, 50079, 50079.5, 50101, 50105, 50462, 50660, 50662, 50663, 50668.5, 50668.5(a), 50668.5(b), 50669(a) and 50670, Health and Safety Code; and Section 8878.21, Government Code.

1. New section filed 11-30-89 as an emergency; operative 11-30-89 (Register 89, No. 49). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 (Register 90, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90, No. 38). A Certificate of Compliance must be transmitted to OAL by 11-23-90 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative 8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 11-16-90 as an emergency; operative 11-16-90 (Register 90, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-18-91 or emergency language will be repealed by operation of law on the following day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative 12-21-90 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by 4-22-91 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on 3-30-90, 7-26-90 and 11-16-90, including amendment of subsections (f) and (i) ( l), (m), (n), (o), (u), and (w) transmitted to OAL 11-30-90 and filed 12-31-90 (Register 91, No. 7).