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.
Notes
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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