Section 7681 - Occupancy Requirements(a) A unit in a rental housing development may be designated as an assisted unit if at the time of initial application: (1) the unit is occupied by an eligible household;(2) the unit is vacant and will remain available to an eligible household; or(3) a noneligible household residing in the unit has agreed not to return to the unit as evidenced by a signed waiver of the tenant's right pursuant to section 7265.3(d) of the Government Code to return to the unit after rehabilitation. Any such waiver must be in writing and meet the notice requirements of section 7685(f).(b) The sponsor shall designate as assisted units, at a minimum, the same number of units as were reasonably known to be occupied by eligible households residing in the rental housing development at the time of initial application.(c) All rooms rented in a congregate home, and all rooms designated for use by the client group in a group home shall be designated for occupancy by eligible households.(d) The size, type and amenity level of assisted units after rehabilitation shall not substantially differ from the size, type, and amenity level of units as were known to be occupied by eligible households residing in the rental housing development at the time of initial application to the program. Units which are reconfigured or enlarged to alleviate overcrowding shall not be considered a violation of this provision.(e) A proposed project receiving rating points pursuant to section 7689 for serving very low-income households shall reserve at least this number of units for occupancy by very low-income households for the full loan term.(f) The number, size, type, and amenity level of assisted units, and assisted units designated for very low-income occupancy, shall not be fewer than the number nor substantially different from the size, type and amenity level designated in the Regulatory Agreement for the full loan term.Cal. Code Regs. Tit. 25, § 7681
1. New section filed 6-12-89 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or the regulation will be repealed on 10-10-89. For history of former subchapter 8 (sections 7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 10-10-89 (Register 89, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsection (d) filed 3-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amendment of subsection (b) transmitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29). Note: Authority cited: Section 50668.5, Health and Safety Code. Reference: Sections 50010, 50669 and 50668.5, Health and Safety Code.
1. New section filed 6-12-89 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or the regulation will be repealed on 10-10-89. For history of former subchapter 8 (sections 7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 10-10-89 (Register 89, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsection (d) filed 3-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amendment of subsection (b) transmitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29).