Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 846Introduced by Assembly Member BontaFebruary 14, 2023 An act to amend Section 50199.7 of add Section 50199.19 to the Health and Safety Code, relating to low-income housing.LEGISLATIVE COUNSEL'S DIGESTAB 846, as amended, Bonta. Low-income housing credit. credit: rent increases.Existing law establishes a low-income housing tax credit program, through which the California Tax Credit Allocation Committee, chaired by the Treasurer, allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing law sets forth procedures and criteria under the program for housing credit applicants, who are owners, sponsors, or developers of qualifying low-income buildings or projects, as specified. Existing law requires the committee, when allocating the tax credit, to prefer specified projects, including projects that serve lowest income tenants at rents affordable to those tenants.This bill would make a technical, nonsubstantive change to a provision that lists definitions of terms relating to the program.This bill would prohibit a project assisted by the low-income housing tax credit from increasing rent for a unit in excess of the amount permitted by the program as a result of an increase in the area median gross income, or a unspecified amount, whichever is less.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 50199.19 is added to the Health and Safety Code, to read:50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.SECTION 1.Section 50199.7 of the Health and Safety Code is amended to read:50199.7.As used in this chapter, the following definitions apply:(a)Committee means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. All references to committee shall mean the California Tax Credit Allocation Committee.(b)Household has the same meaning as defined in Section 7602 of Title 25 of the California Code of Regulations.(c)Housing credit means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U.S.C. Sec. 42).(d)Housing credit applicant means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:(1)An allocation of a portion of the current state housing credit ceiling.(2)A reservation of a portion of the anticipated state housing credit ceiling of a subsequent year.(e)Housing credit ceiling means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)(3)(C)).(f)Qualified low-income building or project has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(c)(2)).(g)Agricultural worker or farmworker shall have the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code.(h)(1)Before January 1, 2018, farmworker housing means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.(2)On and after January 1, 2018, farmworker housing means housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.
Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 846Introduced by Assembly Member BontaFebruary 14, 2023 An act to amend Section 50199.7 of add Section 50199.19 to the Health and Safety Code, relating to low-income housing.LEGISLATIVE COUNSEL'S DIGESTAB 846, as amended, Bonta. Low-income housing credit. credit: rent increases.Existing law establishes a low-income housing tax credit program, through which the California Tax Credit Allocation Committee, chaired by the Treasurer, allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing law sets forth procedures and criteria under the program for housing credit applicants, who are owners, sponsors, or developers of qualifying low-income buildings or projects, as specified. Existing law requires the committee, when allocating the tax credit, to prefer specified projects, including projects that serve lowest income tenants at rents affordable to those tenants.This bill would make a technical, nonsubstantive change to a provision that lists definitions of terms relating to the program.This bill would prohibit a project assisted by the low-income housing tax credit from increasing rent for a unit in excess of the amount permitted by the program as a result of an increase in the area median gross income, or a unspecified amount, whichever is less.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 09, 2023
Amended IN Assembly March 09, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 846
Introduced by Assembly Member BontaFebruary 14, 2023
Introduced by Assembly Member Bonta
February 14, 2023
An act to amend Section 50199.7 of add Section 50199.19 to the Health and Safety Code, relating to low-income housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 846, as amended, Bonta. Low-income housing credit. credit: rent increases.
Existing law establishes a low-income housing tax credit program, through which the California Tax Credit Allocation Committee, chaired by the Treasurer, allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing law sets forth procedures and criteria under the program for housing credit applicants, who are owners, sponsors, or developers of qualifying low-income buildings or projects, as specified. Existing law requires the committee, when allocating the tax credit, to prefer specified projects, including projects that serve lowest income tenants at rents affordable to those tenants.This bill would make a technical, nonsubstantive change to a provision that lists definitions of terms relating to the program.This bill would prohibit a project assisted by the low-income housing tax credit from increasing rent for a unit in excess of the amount permitted by the program as a result of an increase in the area median gross income, or a unspecified amount, whichever is less.
Existing law establishes a low-income housing tax credit program, through which the California Tax Credit Allocation Committee, chaired by the Treasurer, allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing law sets forth procedures and criteria under the program for housing credit applicants, who are owners, sponsors, or developers of qualifying low-income buildings or projects, as specified. Existing law requires the committee, when allocating the tax credit, to prefer specified projects, including projects that serve lowest income tenants at rents affordable to those tenants.
This bill would make a technical, nonsubstantive change to a provision that lists definitions of terms relating to the program.
This bill would prohibit a project assisted by the low-income housing tax credit from increasing rent for a unit in excess of the amount permitted by the program as a result of an increase in the area median gross income, or a unspecified amount, whichever is less.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 50199.19 is added to the Health and Safety Code, to read:50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.SECTION 1.Section 50199.7 of the Health and Safety Code is amended to read:50199.7.As used in this chapter, the following definitions apply:(a)Committee means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. All references to committee shall mean the California Tax Credit Allocation Committee.(b)Household has the same meaning as defined in Section 7602 of Title 25 of the California Code of Regulations.(c)Housing credit means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U.S.C. Sec. 42).(d)Housing credit applicant means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:(1)An allocation of a portion of the current state housing credit ceiling.(2)A reservation of a portion of the anticipated state housing credit ceiling of a subsequent year.(e)Housing credit ceiling means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)(3)(C)).(f)Qualified low-income building or project has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(c)(2)).(g)Agricultural worker or farmworker shall have the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code.(h)(1)Before January 1, 2018, farmworker housing means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.(2)On and after January 1, 2018, farmworker housing means housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 50199.19 is added to the Health and Safety Code, to read:50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.
SECTION 1. Section 50199.19 is added to the Health and Safety Code, to read:
### SECTION 1.
50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.
50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.
50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.
50199.19. An owner of a project assisted by a credit pursuant to this chapter shall not, in a calendar year, increase rent for a unit in excess of the amount permitted by this chapter as a result of an increase in the area median gross income or ____ percent, whichever is less.
As used in this chapter, the following definitions apply:
(a)Committee means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. All references to committee shall mean the California Tax Credit Allocation Committee.
(b)Household has the same meaning as defined in Section 7602 of Title 25 of the California Code of Regulations.
(c)Housing credit means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U.S.C. Sec. 42).
(d)Housing credit applicant means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:
(1)An allocation of a portion of the current state housing credit ceiling.
(2)A reservation of a portion of the anticipated state housing credit ceiling of a subsequent year.
(e)Housing credit ceiling means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)(3)(C)).
(f)Qualified low-income building or project has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(c)(2)).
(g)Agricultural worker or farmworker shall have the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code.
(h)(1)Before January 1, 2018, farmworker housing means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.
(2)On and after January 1, 2018, farmworker housing means housing in which at least 50 percent of the units are available to, and occupied by, farmworkers and their households. The committee may permit an owner to temporarily house nonfarmworkers in vacant units in the event of a disaster or other critical occurrence. However, such emergency shelter shall only be permitted if there are no pending qualified farmworker household applications for residency.