Cal. Code Regs. Tit. 25, § 8214 - Legal Documents

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

(a) Standard Agreement
(1) The written document required by 24 CFR Section 92.504 shall be a contract known as a standard agreement. The Department shall enter into a standard agreement with each State Recipient, Developer and CHDO once the State Recipient, Developer and CHDO have demonstrated compliance with the requirements in their award letter.
(2) This standard agreement shall reserve monies from the HOME fund in an amount approved for funding by the Department pursuant to Section 8213.
(3) The standard agreement shall require compliance with those provisions of 24 CFR part 92 which are applicable to State Recipients, Developers and CHDOs and with this subchapter.
(4) The standard agreement shall include all the items specified in 24 CFR Section 92.504 and the following provisions:
(A) the granting and cancellation of HOME funds to the State Recipient, Developer or CHDO;
(B) State Recipient, Developer and CHDO responsibilities for local HOME program operation, including time frames and milestones as set forth in the application;
(C) reporting requirements, including performance reports, pursuant to Section 8216 and the recordkeeping requirements as necessary to ensure compliance with 24 CFR Sections 92.508 and 92.509;
(D) requirements related to ensuring that the HOME assistance to the project is not more than is necessary to provide affordable housing;
(E) project set-up and fund disbursement requirements, including provision of evidence that projects are ready to be set up and provisions for receipt, use, and accounting of HOME funds pursuant to Sections 8215 and 8217;
(F) provisions for securing loans and grants pursuant to subdivision (b);
(G) the actions to be taken to mitigate environmental effects in accordance with the requirements set forth in 24 CFR Section 92.352;
(H) requirements that the State Recipient, Developer or CHDO shall not discriminate or permit discrimination on the basis of race, color, religion, ancestry, sex, age, national origin, marital status, and mental or physical handicap, in accordance with state law and shall comply with the federal requirements as set forth in 24 CFR Sections 92.350 and 92.351;
(I) requirements that prior to the issuance of a state designation number which is necessary to access the federal disbursement and information system, the State Recipient, Developer or CHDO shall comply with the requirements of 24 CFR Sections 92.500 and 92.502;
(J) remedies available to the Department in the event of a violation, breach, or default of the standard agreement, including repayment of all costs of enforcement;
(K) requirements that the State Recipient, Developer or CHDO permit the Department, HUD or their designated agents and employees the right to inspect the project or projects and all books, records, and documents maintained by the State Recipient, Developer or CHDO in connection with the local HOME program;
(L) requirements that the State Recipient, Developer or CHDO submit audits pursuant to 24 CFR Section 92.506;
(M) any other terms and conditions as required by local, state, or federal law, which are necessary to ensure compliance with the requirements of the Act.
(b) Security and Regulatory Documents
(1) Except when the State Recipient will be retaining funds in a local account, all loans shall be evidenced by a promissory note payable to the Department in the principal amount of the loan and stating terms consistent with the requirements of HOME. The promissory note shall be secured by a deed of trust naming the Department as beneficiary, or by other security acceptable to the Department. Such security shall be executed prior to the disbursement of funds.
(2) If the State Recipient will be retaining funds in a local account, all loans shall be evidenced by a promissory note payable to the State Recipient in the principal amount of the loan. The promissory note shall be secured by a deed of trust naming the State Recipient as the beneficiary. All loans made to State Recipients by the Department for use on projects which the State Recipient owns shall be evidenced by a promissory note payable to the Department in accordance with subsection (b)(1).
(3) The Department or State Recipient shall ensure that restrictions are recorded or imposed against the project to ensure affordability requirements pursuant to Section 8208.

Notes

Cal. Code Regs. Tit. 25, § 8214

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR part 92; 24 CFR Sections 92.303, 92.350, 92.352, 92.500, 92.502, 92.504, 92.508 and 92.509; and Sections 35800, 50896 and 50896.1, Health and Safety Code.

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8215 to section 8216 with amendment of Noteand renumbering of former section 8216 to section 8217 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8214 to new section 8212, and renumbering of former section 8216 to new section 8214, including amendment of section and Notefiled 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of subsection (a)(4)(L), new subsection (a)(4)(M) and subsection relettering filed 1-22-2001; operative 1-22-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
7. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4(Register 2004, No. 37).
8. Amendment of subsections (a)(1), (a)(3), (a)(4)(B), (a)(4)(H)-(I) and (a)(4)(K)-(L) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).

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