Cal. Code Regs. Tit. 25, § 12002 - Definitions

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) Any term defined in Chapter 2 (commencing with Section50050) of Part 1 of Division 31 of the California Health & Safety Code shall have the same meaning when used in this chapter as is given to it by said chapter of the California Health & Safety Code unless further or otherwise defined in this section.
(b) "Adult" means an individual who is 18 years of age or older or an emancipated minor (under 18 years of age).
(c) "Agency" means the California Housing Finance Agency.
(d) "Agency public benefit" means either of the following (excluding any benefit provided from the California Housing Loan Insurance Fund):
(1) any multifamily program unit, or
(2) any single family program loan.
(e) "Alien" means any person who is not a citizen or other national of the United States.
(f) "Applicant" means any of the following:
(1) In the case of a new tenancy for a multifamily program unit, each adult member of the household that intends to occupy the unit, or
(2) In the case of an existing tenancy for a multifamily program unit, either the head of the household that intends to continue to occupy the unit, or his or her spouse, provided however that if the household includes any other adult members other than the applicant's spouse, lineal ascendants (including but not limited to parents and grandparents) of the applicant or of his or her spouse, then such person shall also be subject to verification as an applicant, or
(3) In the case of a single family program loan, each person whose name will appear on the legal title to the residential structure which secures the loan.
(g) "Citizen" means a "citizen of the United States" as defined in the INA.
(h) "Existing tenancy" means either of the following:
(1) a tenancy which occupied a multifamily program unit before the effective date of this chapter and continues to occupy it thereafter, or
(2) a tenancy which occupied a multifamily program unit before the agency financed the applicable housing development or residential structure and continues to occupy it thereafter.
(i) "Final verification" or "finally verified" means a determination that an applicant is eligible pursuant to this chapter upon completion of the steps, as applicable, set forth in subparagraphs (a), (b), (c) and (d) of Section 12104 of this chapter.
(j) "Head of household" means the adult member of the household who is the head of the household for the purposes of determining income eligibility.
(k) "Housing development" means as defined by Section50073.5 of the California Health & Safety Code. Housing development shall also include multifamily rental housing projects financed pursuant to Chapter 6.7 of Part 3 of Division 31 of the California Health & Safety Code.

(l ) "Housing sponsor" means as defined by Section 50074.5 of the California Health & Safety Code. Housing sponsor shall also include the agency in any case where the agency owns or operates a housing development or residential structure.

(m) "INA" means the Immigration and Nationality Act ( 8 U.S.C. s 1101, et seq.).
(n) "INS" means the Immigration and Naturalization Service of the United States Department of Justice.
(o) "Member of spouse's or parent's family" means any person related by blood, marriage or adoption to the spouse or parent, or any person having a relationship with the spouse or parent that is covered by civil or criminal domestic violence statutes of the State of California.
(p) "Multifamily program unit" means any rental dwelling unit which is located in a housing development or residential structure and required by the agency, pursuant to a law or regulatory or other agreement, to be occupied by a lower income household or very low income household.
(q) "National" means, as provided in the INA, either of the following:
(1) a citizen, or
(2) a person who, though not a citizen, owes permanent allegiance to the United States.
(r) "New loan" means a single family program loan for which a loan application package is received by the agency for approval after the effective date of this chapter.
(s) "New tenancy" means either of the following:
(1) a household that intends to commence occupancy of a multifamily program unit, or
(2) a household that intends to join another household which already occupies a multifamily program unit.
(t) "Nonimmigrant" means as defined in Section 101(a)(15) of the INA ( 8 U.S.C. s 1101(a)(15) ).
(u) "Nonprofit charitable organization" means a "nonprofit charitable organization" as provided in Section 432 of PRWORA, as amended by Pub.L. No. 104-208 ( 8 U.S.C. s 1642(d) ) which shall include, but not necessarily be limited to, organizations which have received a tax exemption pursuant to Internal Revenue Code Section 501(c)(3) and which shall exclude, but which exclusion shall not necessarily be limited to, partnerships which have a nonprofit charitable organization as a general partner unless the partnership itself is both nonprofit and charitable. An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization or its members or shareholders and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes, including, but not limited to, relief of the poor and distressed or of the underprivileged, advancement of religion, or advancement of education.
(v) "Preliminary verification" or "preliminarily verified" means that a citizen or other national of the United States applicant has completed the steps set forth in subparagraph (a)(1) and (2) of Section 12104 of this chapter and that an alien applicant has completed the steps set forth in subparagraphs (a)(1), (2) and (3) of Section 12104 of this chapter.
(w) "PRWORA" means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Pub.L. No. 104-193, 8 U.S.C. s 1601, et seq.) as amended.
(x) "Qualified alien" means an alien who, at the time he or she is an applicant for an agency public benefit, is any of the following:
(1) An alien lawfully admitted for permanent residence under the INA ( 8 U.S.C. s 1101, et seq.).
(2) An alien who is granted asylum under Section 208 of the INA ( 8 U.S.C. s 1158 ).
(3) A refugee who is admitted to the United States under Section 207 of the INA ( 8 U.S.C. s 1157 ).
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA ( 8 U.S.C. s 1182(d)(5) ).
(5) An alien whose deportation is being withheld under Section 243(h) of the INA ( 8 U.S.C. s 1253(h) ) (as in effect prior to April 1, 1997), or whose removal is being withheld under Section 241(b)(3) of the INA ( 8 U.S.C. s 1231(b)(3) ).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. ( 8 U.S.C. s 1153(a)(7) ) (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment.").
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. s 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C) and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subparagraph, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered as acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the agency. For purposes of this subparagraph, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
5. The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser.
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to place medical coverage or health care services the alien had when living with the abuser.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
1. status as a spouse or child of a United States citizen pursuant to clause (ii), (iii) or (iv) of Section 204(a)(1)(A) of the INA ( 8 U.S.C. s 1154(a)(1)(A)(ii), (iii) or (iv) ),
2. classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA ( 8 U.S.C. s 1154(a)(1)(B)(ii) or (iii) ),
3. suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA ( 8 U.S.C. Section 1254 ) as in effect prior to April 1, 1997 [ Pub.L. 104-208, Section 501 (effective September 30, 1996, pursuant to Section 591); Pub.L. 104-208, Section 304 (effective April 1, 1997, pursuant to Section 309); Pub.L. 105-33, Section 5581 (effective pursuant to Section 5582)] (incorrectly codified as "cancellation of removal under section 240A of such Act [ 8 U.S.C. Section 1220b ] (as in effect prior to April 1, 1997),
4. status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA ( 8 U.S.C. s 1154(a)(1)(A)(i), or classification pursuant to clause (i) of Section204(a)(1)(B)(i) ( 8 U.S.C. s 1154(a)(1)(B)(i) ), or
5. cancellation of removal pursuant to Section 240A (b)(2) of the INA ( 8 U.S.C. s 1229b(b)(2) ).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subparagraph, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the agency. For the purposes of this subparagraph, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien's child to become self- sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subparagraph (x)(8)(C) above.
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subparagraph the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the agency. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of subparagraph (x)(8)(C) above.
(11) A nonimmigrant.
(y) "Qualified mortgage lender" means a mortgage lender who, pursuant to a mortgage purchase and/or servicing or other agreement with the agency, is authorized by the agency to originate for sale to the agency and/or to service single family program loans. Qualified mortgage lender shall also include the agency in any case where the agency is directly originating or servicing, as applicable, single family program loans.
(z) "Residential structure" means as defined by Section50099.5 of the California Health & Safety Code.
(aa) "Status verifier" means the entity, including the agency or qualified mortgage lender, as applicable, responsible for verifying the eligibility of an applicant pursuant to this chapter.
(bb) "Single family program loan" means any mortgage loan originated or purchased, and owned, by the agency for the purpose of financing the construction, acquisition and/or rehabilitation of an owner-occupied residential structure.
(cc) "Unqualified alien" means an alien who is not a qualified alien.
(dd) "Written notice" means a written notification which is either hand-delivered, facsimile-transmitted or sent by certified mail. Hand-delivered notices shall be deemed received when delivered. Facsimile-transmitted notices shall be deemed received when transmitted. Certified mail notices shall be deemed received on the third calendar day following the date it is mailed.

Notes

Cal. Code Regs. Tit. 25, § 12002

Note: Authority cited: Sections 51050(e), 51050(s), 51067 and 51349, Health and Safety Code. Reference: 8 U.S.C. ss 1601, 1621,1625, 1641 and 1642; and Sections 51050- 51070, 51100- 51253 and 51325- 51340, Health and Safety Code.

1. New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and filed 10-28-98 (Register 98, No. 44).
3. Amendment of section and Note filed 11-2-98; operative 12-2-98 (Register 98, No. 45).
4. Amendment of subsection (y), redesignation and amendment of former subsection (bb) to new subsection (aa), and redesignation of former subsection (aa) as new subsection (bb) filed 2-4-99 as an emergency; operative 2-4-99 (Register 99, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-99 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 2-4-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 5).

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