Affordable Housing Authorities - Districts - Government - CA

Section § 62250

This section defines key terms related to affordable housing authorities and initiatives in California. 'Affordable housing' refers to housing costs or rents that are manageable for households earning up to 120% of the area's median income. An 'authority' is the entity created to manage affordable housing efforts. An 'authorizing resolution' is a formal decision to create such an authority.

A 'consenting local agency' is a local government body that agrees to support an affordable housing investment plan. The 'plan' refers to the document outlining how affordable housing projects will be funded and developed. 'Property tax increment' is the extra property tax revenue generated by increased property values, used for funding affordable housing, but excludes some properties tied to former redevelopment agencies until their obligations are cleared.

'Real property' includes land and its associated rights and interests, such as buildings and easements.

For purposes of this division, the following terms have the following meanings:

(a) “Affordable housing” means housing with an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, for households whose gross income does not exceed 120 percent of the area median income.

(b) “Authority” means an affordable housing authority created pursuant to this division.

(c) “Authorizing resolution” means a resolution adopted pursuant to subdivision (a) of Section 62251 creating an authority.

(d) “Consenting local agency” means a local agency that has adopted a resolution of its governing body consenting to the affordable housing investment plan.

(e) “Plan” means an affordable housing investment plan adopted pursuant to Section 62252. The plan shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution.

(f) “Property tax increment” means that portion of the ad valorem taxes, as defined under subdivision (a) of Section 1 of Article XIII A of the California Constitution, levied each year in excess of the amount levied by or for a taxing agency upon the total sum of the assessed value of the taxable property in the boundaries of an authority as defined in the resolution first establishing the authority, as shown upon the assessment roll used in connection with the taxation of that property by the taxing agency as of the last equalized roll prior to either the effective date of the authorizing resolution or, if specified in the authorizing resolution, another fiscal year no more than five years prior to the effective date of the authorizing resolution. Property tax increment shall not include taxable properties located within the boundaries of a former redevelopment agency dissolved pursuant to Section 34172 of the Health and Safety Code unless and until all obligations of the former redevelopment agency have been retired and the successor agency to the former redevelopment agency has fully dissolved. Following dissolution, for purposes of calculating property tax increment for those taxable properties located within the boundaries of a former redevelopment agency, the fiscal year following final dissolution shall serve as the last equalized roll.

(g) “Real property” means any of the following:

(1) Land, including land under water and waterfront property.

(2) Buildings, structures, fixtures, and improvements on the land.

(3) Any property appurtenant to, or used in connection with, the land.

(4) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by those liens.

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Section § 62251

This law allows cities and counties in California to set up affordable housing authorities dedicated to building low- and moderate-income housing. These authorities can collect property tax increment revenues but face restrictions on who can join, excluding school entities and certain successor agencies. For such authorities to be effective, past redevelopment matters must be resolved according to specific conditions. The governing board for these authorities must have an odd number of members, including representatives from local government and the public. The authority’s boundaries can match those of the city or county that created it.

(a) A city, county, or city and county may adopt a resolution creating an affordable housing authority that shall be limited to providing low- and moderate-income housing and affordable housing pursuant to this division. An authority created pursuant to this division is a public body, corporate and politic. An authority shall be deemed to be an “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution only for purposes of receiving property tax increment revenues.

(b)

(1) A school entity, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, may not participate in an authority created pursuant to this section.

(2) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, may not participate in an authority created pursuant to this part, and an entity created pursuant to this part shall not receive any portion of the property tax revenues or other moneys distributed pursuant to Section 34188 of the Health and Safety Code.

(3) An authority formed by a city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code shall not become effective until the successor agency or designated local authority for the former redevelopment agency has adopted findings of fact stating all of the following:

(A) The agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code.

(B) Former redevelopment agency assets that are the subject of litigation against the state, where the city or county or its successor agency or designated local authority are a named plaintiff, have not been or will not be used to benefit any efforts of an authority formed under this part unless the litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted.

(C) The agency has complied with all orders of the Controller pursuant to Section 34167.5 of the Health and Safety Code.

(c) The governing board of an authority created pursuant to this division shall be an odd number of members with at least five or seven members in total, as follows:

(1)

(A) In the case of an authority formed by a city, at least three members of the city council appointed by the city council.

(B) In the case of an authority formed by a county, at least three members of the board of supervisors appointed by the board of supervisors.

(C) In the case of an authority created jointly by a city and a county, at least three members of the city council and three members of the board of supervisors.

(D) In the case of an authority created by a city and county, the mayor shall appoint the same number of members as are appointed by the legislative body of the city and county. Appointments made pursuant to this subparagraph shall not be subject to review by the legislative body of the city and county.

(2) At least one member of the public who lives or works within the boundaries of the city or county that created the authority.

(d) The boundaries of an authority created pursuant to this division may be identical to the boundaries of the city or county that created the authority.

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Section § 62252

This law section outlines the responsibilities of a local authority in California to set up a Low and Moderate Income Housing Fund and create an affordable housing investment plan. This plan can involve taking a share of property tax increasements or other tax revenues. The plan must clearly state its goals, describe the affordable housing program, and include estimates for revenues and expenses over five years, along with projected construction or renovation of housing units at various income levels. It also sets a 45-year limit for loan activities, repayment of debts, and completing housing obligations. Before finalizing the plan, a public hearing must be held to gather community input.

(a) An authority created pursuant to this division shall, by resolution, create a Low and Moderate Income Housing Fund and adopt an affordable housing investment plan that may include either or both of the following:

(1) A provision for the receipt of property tax increment generated within the area.

(2) A provision for the receipt of any tax revenues allocated to the authority pursuant to subdivision (b) of Section 62253.

(b) The plan shall include each of the following elements:

(1) A statement of the principal goals and objectives of the plan.

(2) An affordable housing program that describes how the authority will fulfill its objective and if duties and activities will be assigned to a city or county housing department or public housing authority.

(3) The estimated amount that will be deposited in the Low and Moderate Income Housing Fund during each of the next five years.

(4) Estimates of the number of new, rehabilitated, or price restricted residential units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years.

(5) A description of how the program will implement the requirements for expenditures of funds in the Low and Moderate Income Housing Fund over a 10-year period at various income levels.

(6) Estimates of the number of units, if any, to be developed by the authority for very low, low-, and moderate-income households during the next five years.

(7) A fiscal analysis setting forth the projected receipt of revenue and projected expenses over a five-year planning horizon, including the potential issuance of bonds backed by property tax increment revenues pursuant to subdivision (a) of Section 62253 during the term of the plan.

(8) Time limits as follows:

(A) Forty-five years for the establishing of loans, advances, and indebtedness.

(B) Forty-five years for repayment of all of the authority’s debts and obligations, and fulfilling all of the authority’s housing obligations. The plan shall specify that an authority shall dissolve as a legal entity in no more than 45 years, and that no further taxes shall be allocated to the authority thereafter. Nothing in this subparagraph shall be interpreted to prohibit an authority from refinancing outstanding debt solely to reduce interest costs.

(9) A feasible method or plan for relocation of families and persons to be temporarily or permanently displaced from housing facilities in the plan area. The method or plan shall be consistent with the requirements of Section 62256.

(c) The authority shall hold a public hearing before adopting an affordable housing investment plan. The authority shall provide notice of that hearing in accordance with Section 6062. The authority shall consider any comments made on the plan at that hearing before adopting the plan.

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Section § 62253

This California law allows cities, counties, and special districts (excluding schools and certain agencies) to allocate their share of property tax increments within a specific area to a designated authority. These allocations must be set through a resolution and can include local sales and use taxes if they fit the original tax purposes and geographic boundaries match the authority. Tax increment revenues are primarily aimed at enhancing affordable housing, maintaining a minimum of 95% usage towards housing improvements for low to moderate-income communities. Administrative use of funds is capped at 5%. This law doesn't change existing tax revenue distribution or calculations among local governments not participating in such arrangements.

Housing funds should support either the development of very low-income housing or initiatives like shelters and supportive housing. Counties can recoup administrative costs before distributing funds. Finally, the law ensures that existing revenue allocations for educational or other taxing entities aren't reduced or altered.

(a)

(1) At any time before or after adoption of the plan, any city, county, or special district, other than a school entity as defined in subdivision (n) of Section 95 of the Revenue and Taxation Code or a successor agency as defined in subdivision (j) of Section 34171, that receives ad valorem property taxes from property located within an area may adopt a resolution directing the county auditor-controller to allocate its share of property tax increment within the area covered by the plan to the authority. The resolution adopted pursuant to this subdivision may direct the county auditor-controller to allocate less than the full amount of the property tax increment, and to establish a maximum amount of time in years that the allocation takes place. These amounts shall be allocated to the authority and, when collected, shall be held in a separate fund by the authority. Before adopting a resolution pursuant to this subdivision, a city, county, or special district shall approve a memorandum of understanding with the authority governing the use of property tax increment funds by the authority for administrative and overhead expenses.

(2) The provision for the receipt of property tax increment shall become effective in the property tax year that begins after the December 1 immediately following the adoption of a resolution pursuant paragraph (1). A resolution adopted pursuant to paragraph (1) shall be provided to the county auditor-controller no later than the December 1 immediately following its adoption.

(3) A resolution adopted pursuant to this subdivision may be repealed and be of no further effect beginning in the fiscal year following the adoption of any repeal, by giving the county auditor-controller at least 90 days’ notice prior to the end of the current fiscal year, provided, however, that the county auditor-controller shall continue to allocate the taxing entity’s share of ad valorem property taxes that have been pledged to the repayment of debt issued by the authority to the authority until that debt has been fully repaid, including by means of a refinancing or refunding, unless otherwise agreed upon by the authority and the taxing entity. For purposes of determining the annual amount of a taxing entity’s share of ad valorem property taxes that shall continue to be allocated to an authority following a repeal, the annual amount allocated for all years until the debt has been fully repaid shall be the maximum amount required to service the debt for any single annual period as provided in the authority’s debt service schedule.

(4) When the loans, advances, and indebtedness of an authority, if any, and interest thereon, have been paid, or the maximum amount of time in years has passed in accordance with a resolution adopted pursuant to this subdivision, all funds thereafter received from taxes upon the taxable property in the authority’s boundaries shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(5) All of the taxes levied and collected upon the taxable property in the boundaries of the authority shall be paid into the funds of the respective taxing agencies as though the authority had not been created unless the total assessed valuation of the taxable property in the boundaries of an authority exceeds the total assessed value of the taxable property in the boundaries as shown by the last equalized assessment roll.

(b)

(1) At any time before or after the adoption of the plan, a city, county, or special district, other than a school entity as defined in subdivision (n) of Section 95 of the Revenue and Taxation Code or a successor agency as defined in subdivision (j) of Section 34171, may adopt a resolution to allocate tax revenues of that entity to the authority, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of the Revenue and Taxation Code), provided that both of the following apply:

(A) The use of those revenues by the authority for purposes of this division is consistent with the purposes for which that tax was imposed.

(B) The boundaries of the authority are coterminous with the city or county that established the authority.

(2) A resolution adopted pursuant to this subdivision may be repealed and be of no further effect, provided, however, that the tax revenues allocated to the authority that have been pledged to the repayment of debt issued by the authority shall continue to be so allocated until that debt has been fully repaid, including by means of a refinancing or refunding, unless otherwise agreed upon by the authority and the taxing entity.

(c) A minimum of 95 percent of the allocated property tax increment revenues pursuant to subdivision (a), and allocated tax revenues pursuant to subdivision (b), shall be used to increase, improve, and preserve the community’s supply of housing for low, very low, and moderate-income households. Not more than 5 percent of allocated revenues may be used for administration.

(d) Housing funds expended by an authority shall be spent in one of the following ways:

(1) All housing funds expended in proportion to the share of the regional housing need allocated to the city, county, or city and county for each income category pursuant to Section 65584 for low, very low, and moderate-income housing.

(2) All housing funds expended for the development of very low income housing.

(3) All housing funds expended for one or more of the following activities:

(A) Rehabilitation, expansion, or construction of one or more of the following:

(i) An emergency shelter, as defined in subdivision (e) of Section 50801 of the Health and Safety Code.

(ii) Supportive housing, as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code.

(iii) Transitional housing, as defined in subdivision (h) of Section 50675.2 or subdivision (i) of Section 50801 of the Health and Safety Code.

(B)

(i) Not more than 5 percent of all housing funds may be used for ancillary services and assistance.

(ii) An authority shall not use the proceeds of bonds for the purposes specified in clause (i).

(C) Any activity authorized by paragraph (2) or (7) of subdivision (a) of Section 50803 of the Health and Safety Code.

(4) All housing funds expended for the development of very low income housing and one or more of the activities listed in paragraph (3).

(e) Prior to distributing property tax increment to the authority, the county auditor-controller shall deduct any costs incurred by the county in administering the provisions of this division.

(f) This section shall not be construed to do any of the following:

(1) Reduce any allocations of excess, additional, or remaining funds that would otherwise have been allocated to county superintendents of schools, cities, counties, and cities and counties pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Sections 97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1, of the Revenue and Taxation Code had this section not been enacted.

(2) Alter in any way the manner in which ad valorem property tax revenue is allocated among taxing entities in a county that have not passed a resolution pursuant to subdivision (a).

(3) Alter in any way the manner in which ad valorem property tax revenue growth from fiscal year to fiscal year is otherwise determined or allocated in a county.

(4) Alter in any way the ad valorem property tax revenue allocations required under Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code.

(5) Alter in any way the calculations performed pursuant to Section 95.3 of the Revenue and Taxation Code.

(6) Alter in any way the manner in which ad valorem property tax revenue is allocated pursuant to Section 75.70 of the Revenue and Taxation Code.

(7) Alter in any way the manner in which calculations are performed pursuant to Section 97.70 of the Revenue and Taxation Code.

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Section § 62254

This law gives certain authorities the ability to improve community conditions in several ways. First, they can provide affordable housing for low- and moderate-income residents. They can also clean up hazardous substances and perform earthquake safety retrofits on buildings. Authorities can purchase and sell property, following specific restrictions for public benefits. They are allowed to issue bonds, borrow money, and receive financial help from government entities or private lenders. Additionally, they can create affordable housing plans, offer loans or grants to improve buildings, and build structural platforms for housing development. Finally, they can finance infrastructure necessary for housing projects, like water and sewer systems.

An authority may do any of the following:

(a) Provide for low- and moderate-income housing and affordable housing in accordance with this division.

(b) Remedy or remove a release of hazardous substances pursuant to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code.

(c) Provide for seismic retrofits of existing buildings in accordance with all applicable laws and regulations.

(d) Acquire and transfer real property in accordance with Section 62260. The authority shall retain controls and establish restrictions or covenants running with the land sold or leased for private use for the periods of time and under the conditions as provided in the plan. The establishment of these controls is a public purpose under this division.

(e) Issue bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5, or Article 5 (commencing with Section 34350) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, provided that if any provision thereof conflicts with this division, this division shall control.

(f)

(1) Borrow money, receive grants, or accept financial or other assistance or investment from the state or the federal government or any other public agency or private lending institution for any project within its area of operation, and comply with any conditions of a loan or grant. An authority may qualify for funding as a disadvantaged community pursuant to Section 79505.5 of the Water Code or as defined by Section 56033.5. An authority may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the authority in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in subdivisions (c) and (d) within the territorial jurisdiction of the authority.

(2) Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from a source described in subdivision (d), (e), or (f) of Section 53398.75, subject to any requirements upon, or imposed by, the city, county, or special district as to the use of these funds.

(g) Adopt an affordable housing plan pursuant to Section 62252.

(h) Make loans or grants for owners or tenants to improve, rehabilitate, or retrofit buildings or structures within the plan area.

(i) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for purposes of providing affordable housing pursuant to this division.

(j) Finance water, sewer, or other public infrastructure necessary to support the development of affordable housing pursuant to this division.

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Section § 62255

Once the authority has allocated over $1 million in certain tax revenues or other specified revenues, it must start yearly independent audits. These audits must follow government auditing rules to ensure proper use of the funds.

Commencing in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in property tax increment revenues pursuant to subdivision (a) of Section 62253 or other revenues pursuant to subdivision (b) of Section 62253, including any proceeds of a debt issuance, and each year thereafter, the authority shall contract for an independent audit conducted in accordance with generally accepted governmental auditing standards.

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Section § 62256

This law is about relocating families and individuals who are displaced due to affordable housing projects in certain areas. Authorities must create and integrate a relocation plan into their housing plans, ensuring displaced people, especially those with low and moderate incomes, have affordable and suitable new housing before they are moved.

Cities must make sure there is enough housing, both temporary and permanent, available. Priority in new housing is given to those displaced, and housing for low-income families should stay affordable for 45-55 years.

In cases where homes are destroyed or removed, a similar or greater number of bedrooms must be provided. Displaced individuals are entitled to relocation assistance as outlined in another section of the law. This includes potential payments covered by the federal government.

(a) An authority shall prepare a feasible method or plan for relocation of any families and persons to be temporarily or permanently displaced from housing facilities in the area affected by the affordable housing investment plan. The method or plan adopted pursuant to this section shall be incorporated into the affordable housing investment plan pursuant to subdivision (b) of Section 62252.

(b) The city, county, or city and county that created the authority shall ensure that the method or plan of the authority for the relocation of families or single persons to be displaced by a rehabilitation or retrofitting project within the affordable housing investment plan area shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement and that all other requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code are met. The housing units shall be suitable to the needs of those displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The authority shall not displace the person or family until the housing units are available and ready for occupancy.

(c) The authority shall require in the recorded covenants for those units that the housing be made available to the persons and families of low or moderate income displaced by a rehabilitation or retrofitting project. Those persons and families shall be given priority in renting or buying those units in advance of marketing the units to the general public. Failure to give that priority shall not affect the validity of title to real property; however, a unit may not be counted as a replacement or production unit in the event of noncompliance with this provision. The authority shall keep a list of persons and families of low and moderate income displaced by the rehabilitation or retrofitting project who are to be given priority, and may establish reasonable rules for determining the order or priority on the list. The list shall be provided to the owner of those properties at or before any certificate of occupancy is issued.

(d) If insufficient suitable housing units are available in the affordable housing investment plan area for low- and moderate-income persons and families to be displaced from a rehabilitation or retrofitting project, the city council or board of supervisors that created the authority shall assure that sufficient land be made available within its territorial jurisdiction for suitable housing for rental or purchase by low- and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by persons and families of low and moderate income displaced by the rehabilitation or retrofitting project, the authority may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the community, both inside and outside of the affordable housing investment plan area.

(e) Permanent housing facilities shall be made available within two years from the time occupants are displaced and pending the development of those facilities there will be available to those displaced occupants adequate temporary housing facilities at rents comparable to the units from which the displaced occupants were displaced.

(f)

(1) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a rehabilitation or retrofitting project that is subject to a written agreement with the authority or where financial assistance has been provided by the authority, the authority shall, within two years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the authority. One hundred percent of the replacement dwelling units shall be available at an affordable housing cost to persons in the same or a lower income category (extremely low, low, very low, or moderate), as the persons displaced from those destroyed or removed units.

(2) The authority shall require all replacement dwelling units and other dwelling units rehabilitated, retrofitted, developed, constructed, or price restricted to remain available at affordable housing cost to, and occupied by, persons and families of extremely low income, low-income, moderate-income, and very low income households, respectively, for not less than 55 years for rental units or 45 years for owner-occupied units.

(3) Notwithstanding subdivision (a), the authority may replace, destroy, or remove dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria:

(A) The total number of bedrooms in the replacement dwelling units equals or exceeds the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this purpose to have one bedroom.

(B) The replacement units are affordable to, and occupied by, the same income level of households as the destroyed or removed units.

(g)

(1) An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, including the making of those payments financed by the federal government.

(2) This subdivision shall not be construed to limit any other authority which an authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for that payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.

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Section § 62257

This law gives certain authorities priority when applying for help with housing programs run by the Department of Housing and Community Development and other state agencies.

An authority shall receive a priority for assistance in housing programs administered by the Department of Housing and Community Development, and other state agencies and departments.

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Section § 62258

This law allows an authority to hand over its housing duties to a housing authority or a city or county housing department if doing so would save on administrative costs or speed up the building of affordable housing.

An authority may transfer its housing responsibilities to a housing authority or city or county housing department if it determines that combining funding streams will reduce administrative costs or expedites the construction of affordable housing.

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Section § 62259

This law mandates that any housing project supported by certain authorities must stay affordable for specific durations: at least 55 years for rental properties and 45 years for those occupied by owners.

The housing authority is required to sign a legal agreement or impose restrictions to ensure these homes remain affordable for lower-income households. Rent limits must align with specific state guidelines, unless other financial aid terms dictate otherwise.

(a) All housing assisted by an authority created pursuant to this division shall remain affordable for at least 55 years for rental units and 45 years for owner-occupied units.

(b) The authority shall execute an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the project’s usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance.

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Section § 62260

This law allows an authority to handle real and personal property in various ways within its jurisdiction. Firstly, it can purchase or acquire property using different methods like buying, leasing, or accepting gifts, but must first get an independent appraisal to establish market value. Secondly, it can accept surplus property from public entities either within or outside the plan area and sell or lease it to others. Funds from these transactions can be given to the community or the original public entity. Thirdly, the law allows the authority to provide property to housing authorities or public agencies for housing projects. Lastly, the authority can resell rehabilitated property within a year, and must report unsold properties held for more than a year, explaining why they're unsold and detailing future plans.

Within the area of the authority, an authority may:

(a) Purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the authority. The authority shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the authority acquires or purchases real property.

(b) Accept, at the request of the legislative body of the community, a conveyance of real property, located either within or outside the plan area, owned by a public entity and declared surplus by the public entity, or owned by a private entity. The authority may dispose of that property to private persons or to public or private entities, by sale or long-term lease for development. All or any part of the funds derived from the sale or lease of that property may, at the discretion of the legislative body of the community, be paid to the community, or to the public entity from which any of that property was acquired.

(c) Sell, lease, grant, or donate real property owned or acquired by the authority in a plan area to a housing authority or to any public agency for public housing projects.

(d) Offer for resale property acquired by an authority for rehabilitation and resale within one year after completion of rehabilitation. Properties held by the authority in excess of a one-year period shall be listed in the authority’s annual report with information conveying the reasons that property remains unsold and indicating plans for its disposition.

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Section § 62261

This law allows an authority to set rules on land sold or leased for private use to ensure it follows a planned use, which is considered a public benefit. The authority can impose obligations on buyers or renters of property in affordable housing projects. These obligations include using the property as planned, starting the project within a reasonable time, and adhering to rules to prevent land speculation or excessive profit from undeveloped land. This may include reclaiming the land if necessary. Other conditions can also be imposed to meet the goals of the housing plan.

(a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and under those conditions as are provided in the plan. The establishment of those controls is a public purpose under this division.

(b) An authority shall obligate lessees or purchasers of property acquired in an affordable housing project to:

(1) Use the property for the purpose designated in the affordable housing plan.

(2) Begin the project within a period of time which the authority fixes as reasonable.

(3) Comply with the covenants, conditions, or restrictions that the authority deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the authority. Covenants, conditions, and restrictions imposed by an authority may provide for the reasonable protection of lenders.

(4) Comply with other conditions that the authority deems necessary to carry out the purposes of this division.

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Section § 62261.1

If you want to legally challenge the creation of an authority, an affordable housing plan, the allocation of tax revenues, or the issuance of bonds by an authority, you must start the process within 30 days after the relevant decision is made. For tax revenues and bonds, legal actions should follow specific procedures outlined in another part of the legal code. Additionally, the authority itself can request a local court to confirm the legality of its financial actions, such as issuing bonds or other financial instruments.

Any action or proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan pursuant to Section 62252, the allocation of tax revenues to an authority pursuant to Section 62253, or the issuance of bonds by an authority shall be commenced within 30 days after the enactment of the resolution authorizing the action. Consistent with the time limitations of this section, an action or proceeding with respect to an allocation of tax revenues to, or the issuance of bonds by, an authority shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil procedure. An authority that receives an allocation of tax revenues pursuant to 62253 or that issues bonds, warrants, contracts, obligations, or other evidences of indebtedness may bring an action in the superior court of the county in which the authority is located to determine the validity of the bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

challenge authority creation affordable housing plan tax revenue allocation ...

Section § 62262

This law states that any authority created under this division is considered a local public agency and must comply with three main laws. These are the Ralph M. Brown Act, which mandates open meetings; the California Public Records Act, which requires public access to records; and the Political Reform Act of 1974, which regulates political ethics and financial transparency.

An authority created pursuant to this division shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).

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Districts

DistrictsAffordable Housing Authorities