Cal. Code Regs. Tit. 25, § 8217 - Project Deadlines

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) For purposes of this section, the following terms have the following meanings:
(1) "Contract" means the standard agreement required by section 8214. The contract shall designate each activity listed therein as either a "project" or a "program".
(2) "Contractor" means a CHDO or State Recipient or Developer that has executed a contract with the Department.
(3) "Expenditure" means the Department has received a valid disbursement request for the funds.
(4) "Performance points" means those points made available pursuant to Section 8212(d)(1)(A).
(5) "Project" means an activity for which, at the time of application, there is an identified site and an identified borrower. No substitution of the site shall be permitted after the submission of an application to the Department.
(6) "Program" means an activity for which, at the time of application, there is no identified site or no identified borrower.
(b) Project Deadlines
(1) All projects shall meet the following deadlines:
(A) the State Recipient, Developer or CHDO shall obtain all necessary permanent project financing, including the permanent financing for the required period of affordability within 12 months of the date of the award letter;
(B) all projects shall be set up in the federal disbursement and information system no later than 17 months after the date of the award letter;
(C) all construction loan closings shall occur no later than 20 months after the date of the award letter, with the exception of self-help projects, for which construction loan closings must occur no later than 23 months after the date of the award letter. Construction loan closing is defined as the recordation of all construction financing loan documents, including, as applicable, the HOME deed of trust and HOME regulatory agreement;
(D) all projects shall be completed within 36 months of the date of the award letter, as evidenced by the filing of a Notice of Completion; and
(E) all expenditures shall be made within 40 months of the date of the award letter.
(2) If a project fails to meet one or more of these timeframes outlined in (1) above, the next application for a project involving the applicant, developer, owner or managing general partner submitted in response to a NOFA having an application deadline after the missed project deadline/s shall receive a performance penalty pursuant to section 8212(d)(1)(A).
(3) If a project fails to meet three (3) of the timeframes outlined in (1) above the contractor shall be:
(A) ineligible to apply for a project in any NOFA having an application deadline following the third missed deadline until the project is completed, occupancy is obtained and all expenditures are made and all necessary HOME funds are drawn; and
(B) the next application for a project involving the applicant, developer, owner, or managing general partner shall receive a performance penalty.
(c) An exception to the project requirements of this section may be requested and provided at the Department's sole discretion when it is determined that violation was clearly outside of the control of all of the following parties: the applicant, developer, owner, managing general partner.

Notes

Cal. Code Regs. Tit. 25, § 8217

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Sections 92.454(a)(2) and 92.500(d); and Sections 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 8218 to section 8219 with amendment of Note and renumbering of former section 8219 to section 8220 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8217 to new section 8215, and renumbering of former section 8219 to new section 8217, including amendment of section heading, section and Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of section heading and section filed 12-27-99; operative 12-27-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 53).
7. Amendment of subsections (b)(1), repealer of subsection (b)(2), and amendment of subsections (c)(1) and (c)(4) filed 1-22-2001; operative 1-22-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
8. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).
9. Amendment of section heading and section filed 8-12-2005; operative 9-11-2005 (Register 2005, No. 32).
10. Amendment of subsections (b)(2), (b)(3)(B) and (c) filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 50).
11. Amendment of subsections (a)(5) and (c) filed 5-20-2009; operative 5-20-2009 pursuant to Government Code section 11343.4(Register 2009, No. 21).
12. Amendment of subsections (a)(2) and (b)(1)(A) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).

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