The Legislature finds and declares that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, rehabilitation assistance, replacement housing, development approvals, property tax exemptions, and relocation assistance may involve close participation with the private sector in meeting housing needs, without amounting to the development, construction, or acquisition of low-rent housing projects as contemplated in Article XXXIV of the State Constitution.
Part 6.5VALIDATION PROCEDURES
Section § 36000
This law section points out that the state is exploring new ways to work with private companies to address housing needs. These methods include things like leasing homes, managing properties from redevelopment, helping with repairs, tax breaks, and moving costs. The idea is to involve the private sector in housing solutions without having to build or buy low-cost rental housing, which the state constitution's Article XXXIV covers.
private sector cooperation leased housing property redevelopment rehabilitation assistance replacement housing development approvals property tax exemptions relocation assistance housing needs low-rent housing projects Article XXXIV State Constitution California housing policies housing partnership public-private collaboration
Section § 36001
This section emphasizes the importance of confirming the legality of actions taken by state and local government bodies in the past, as well as setting up ways to verify the legality of future actions. It's about ensuring that these actions are officially recognized and valid.
The Legislature further finds that certainty as to the validity of actions previously taken by state public bodies and local public entities, as well as the actions to be taken in the future, requires the validation of actions previously taken and the establishment of means for determining the validity of those actions to be taken in the future.
validity of actions state public bodies local public entities validation of actions government actions verification past actions legality future actions legality public bodies actions local government actions action validation process
Section § 36002
This law defines key terms used in a specific part of California's health and safety codes. Firstly, it clarifies that a "local public entity" refers to various local government bodies and organizations, like counties, cities, or housing authorities, that assist in affordable housing development or operation. Secondly, "persons of low income" refers to those who cannot afford safe, uncrowded housing without financial aid, as determined by the local public entity. Lastly, "state public body" refers to its definition in the state constitution.
When used in this part:
(a)CA Health and Safety Code § 36002(a)
“Local public entity” means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of this division, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of this division, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. “Local public entity” also includes two or more local public entities acting jointly.
(b)CA Health and Safety Code § 36002(b)
“Persons of low income” means persons and families who lack the amount of income which is necessary (as determined by the local public entity) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.
(c)CA Health and Safety Code § 36002(c)
“State public body” has the same meaning as defined in Article XXXIV of the State Constitution.
local public entity affordable housing housing authority low income families financial assistance redevelopment agency Indian reservation governance housing development housing operation joint action safe housing decent housing overcrowding state constitution public body definition
Section § 36003
This law section allows for a legal action to be started to check if a state agency or local government is properly approving a housing proposal that helps low-income individuals, especially when this approval is done without a prior public vote or referendum as usually required by the California Constitution.
An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of the action of a state agency or local public entity in giving preliminary or final approval to a proposal or application which may result in housing assistance benefiting persons of low income without obtaining prior referendum approval pursuant to Article XXXIV of the California Constitution.
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Section § 36004
This law protects contracts for low-rent housing projects from being challenged if they were approved before August 20, 1976, based on not securing voter approval as Article XXXIV of the State Constitution might require. However, this protection does not apply to low-rent housing projects owned by local housing authorities or farm labor centers developed after January 14, 1972.
No action attacking or otherwise questioning a contract of financial assistance for, or the acquisition, construction or development of, a low-rent housing project for which final approval or a legally binding commitment was given by the governing body of a state public body or local public entity prior to August 20, 1976, may be brought on the grounds of failure to obtain referendum approval pursuant to Article XXXIV of the State Constitution, except as to low-rent housing projects owned in fee by local housing authorities pursuant to the Housing Authorities Law, Chapter 1 (commencing with Section 34200) of Part 2, and farm labor centers developed after January 14, 1972, pursuant to the Farm Labor Centers Law, Part 7 (commencing with Section 36050) of this division.
low-rent housing projects financial assistance contracts referendum approval Article XXXIV local housing authorities farm labor centers Housing Authorities Law Farm Labor Centers Law August 20 1976 January 14 1972 governing body legal protection construction approval development approval state public body
Section § 36005
This law states that you can't legally challenge a state or local agency's decision to approve a housing proposal that benefits low-income people before the agency has formally committed funding or before the local government body has officially approved it. After these approvals, any legal action must be taken within 60 days or it's too late.
No judicial action attacking or otherwise questioning the validity of the action of a state agency or a local public entity in giving final approval to a proposal or application which may result in housing assistance benefiting persons of low income without obtaining prior approval pursuant to Article XXXIV of the California Constitution shall be brought prior to the notice of funding commitment by the state agency or the adoption of a resolution or ordinance by the legislative body of the local public entity approving the proposal or application, nor may any such action be brought at any time after 60 days from the date of the notice of funding commitment or the date of adoption of the ordinance or resolution approving the proposal, as appropriate.
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