Cal. Code Regs. Tit. 9, § 3630.10 - Requirements for a Project-Based Housing Program
(a) The County shall have the responsibility to ensure compliance with the following requirements when General System Development funds are used for Project-Based Housing:
(1) The unit(s) shall be used for the purpose of providing housing as specified in the County's approved Three-Year Program and Expenditure Plan and/or update, for a minimum of 20 years.
(A) Housing units owned by an individual(s) or non-government agency shall have a regulatory agreement, covenant, or deed restriction that requires the Project-Based Housing to be used for the program as described in the work plan in the County's approved Three-Year Program and Expenditure Plan and/or update for a minimum of 20 years.
(i) The above requirement shall not apply to Master Leasing of Project-Based Housing.
(2) Project-Based Housing constructed on land purchased with General System Development Funds is required to meet the 20 year obligation as specified in subdivision (a)(1) above, regardless of the funding source for the housing units.
(b) Project-Based Housing purchased, constructed and/or renovated with General System Development funds shall comply with all applicable federal, state and local laws and regulations including, but not limited to:
(1) Fair housing law(s).
(2) American Disabilities Act, 42 U.S.C. Sec. 12101 et seq.
(3) California Government Code section 11135.
(4) Zoning and building codes and requirements.
(5) Licensing requirements, if applicable.
(6) Fire safety requirements.
(7) Environmental reporting and requirements.
(8) Hazardous materials requirements.
(c) Project-Based Housing purchased, constructed and/or renovated with General System Development funds shall have appropriate fire, disaster, and liability insurance.
(d) The County shall ensure that the owner of the Project-Based Housing applies for rental and/or operating subsidies from all other applicable and appropriate sources, including project-based Section 8 and HUD McKinney programs and local rental subsidy programs.
(1) The requirement of subdivision (d) above does not apply when the Project-Based Housing is under a lease agreement with the County.
(e) The County shall report any violations of subdivision (a)(1) above to the Department within 60 days of the date the violation is discovered.
(f) The County and the owner of the Project-Based Housing shall maintain, as appropriate, tenant payment records, leasing records and/or financial information for audit by the Department.
(1) All required records shall be available to the Department to inspect, audit, and copy upon demand during normal business hours.
(2) Records may be removed during an audit, if necessary, for copying.
(g) If the Department determines, through an audit or on the basis of other information, that the Project-Based Housing program is not following the work plan specified in the County's Three-Year Program and Expenditure Plan and/or update, the County may be required to return to the Department all or part of the funds.
Note: Authority cited: Section 5898, Welfare and Institutions Code. Reference: Sections 5813.5(a), 5813.5(c), 5813.5(d) and 5878.1(a), Welfare and Institutions Code.
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