| 1 | | - | Senate Bill No. 469 CHAPTER 179An act to amend Section 37001 of the Health and Safety Code, relating to housing. [ Approved by Governor September 08, 2023. Filed with Secretary of State September 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 469, Allen. Housing: publicly funded low-rent housing projects.The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 37001 of the Health and Safety Code is amended to read:37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 1 | + | Enrolled August 25, 2023 Passed IN Senate August 24, 2023 Passed IN Assembly August 17, 2023 Amended IN Assembly June 13, 2023 Amended IN Senate March 28, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 469Introduced by Senators Allen and Wiener(Principal coauthor: Assembly Member Wicks)February 13, 2023An act to amend Section 37001 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 469, Allen. Housing: publicly funded low-rent housing projects.The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 37001 of the Health and Safety Code is amended to read:37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 3 | | - | Senate Bill No. 469 CHAPTER 179An act to amend Section 37001 of the Health and Safety Code, relating to housing. [ Approved by Governor September 08, 2023. Filed with Secretary of State September 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 469, Allen. Housing: publicly funded low-rent housing projects.The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
|---|
| 3 | + | Enrolled August 25, 2023 Passed IN Senate August 24, 2023 Passed IN Assembly August 17, 2023 Amended IN Assembly June 13, 2023 Amended IN Senate March 28, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 469Introduced by Senators Allen and Wiener(Principal coauthor: Assembly Member Wicks)February 13, 2023An act to amend Section 37001 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 469, Allen. Housing: publicly funded low-rent housing projects.The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
|---|
| 14 | 25 | | |
|---|
| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 16 | 27 | | |
|---|
| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 18 | 29 | | |
|---|
| 19 | 30 | | SB 469, Allen. Housing: publicly funded low-rent housing projects. |
|---|
| 20 | 31 | | |
|---|
| 21 | 32 | | The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision. |
|---|
| 22 | 33 | | |
|---|
| 23 | 34 | | The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines low-rent housing project to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Existing law establishes exclusions from this definition of low-rent housing project, including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases. |
|---|
| 24 | 35 | | |
|---|
| 25 | 36 | | This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the above-described constitutional provision. |
|---|
| 26 | 37 | | |
|---|
| 27 | 38 | | ## Digest Key |
|---|
| 28 | 39 | | |
|---|
| 29 | 40 | | ## Bill Text |
|---|
| 30 | 41 | | |
|---|
| 31 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 37001 of the Health and Safety Code is amended to read:37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 32 | 43 | | |
|---|
| 33 | 44 | | The people of the State of California do enact as follows: |
|---|
| 34 | 45 | | |
|---|
| 35 | 46 | | ## The people of the State of California do enact as follows: |
|---|
| 36 | 47 | | |
|---|
| 37 | 48 | | SECTION 1. Section 37001 of the Health and Safety Code is amended to read:37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 38 | 49 | | |
|---|
| 39 | 50 | | SECTION 1. Section 37001 of the Health and Safety Code is amended to read: |
|---|
| 40 | 51 | | |
|---|
| 41 | 52 | | ### SECTION 1. |
|---|
| 42 | 53 | | |
|---|
| 43 | 54 | | 37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 44 | 55 | | |
|---|
| 45 | 56 | | 37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 46 | 57 | | |
|---|
| 47 | 58 | | 37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria:(a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy.(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5.(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.(h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following:(1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136).(2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).(3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|
| 48 | 59 | | |
|---|
| 49 | 60 | | |
|---|
| 50 | 61 | | |
|---|
| 51 | 62 | | 37001. The term low-rent housing project, as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to any development composed of urban or rural dwellings, apartments, or other living accommodations that meets any one of the following criteria: |
|---|
| 52 | 63 | | |
|---|
| 53 | 64 | | (a) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income. |
|---|
| 54 | 65 | | |
|---|
| 55 | 66 | | (b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body. |
|---|
| 56 | 67 | | |
|---|
| 57 | 68 | | (c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative, as defined in Section 50076.5, or cooperative or condominium ownership, rather than for rental-occupancy. |
|---|
| 58 | 69 | | |
|---|
| 59 | 70 | | (d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites. |
|---|
| 60 | 71 | | |
|---|
| 61 | 72 | | (e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units. |
|---|
| 62 | 73 | | |
|---|
| 63 | 74 | | (f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5. |
|---|
| 64 | 75 | | |
|---|
| 65 | 76 | | (g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a rental housing development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households. |
|---|
| 66 | 77 | | |
|---|
| 67 | 78 | | (h) The development consists of the acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units using any of the following: |
|---|
| 68 | 79 | | |
|---|
| 69 | 80 | | (1) Moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136). |
|---|
| 70 | 81 | | |
|---|
| 71 | 82 | | (2) Moneys received from the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2). |
|---|
| 72 | 83 | | |
|---|
| 73 | 84 | | (3) Moneys appropriated and disbursed pursuant to Division 31 (commencing with Section 50000) of this code and Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. |
|---|
| 74 | 85 | | |
|---|
| 75 | 86 | | (4) An allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee. |
|---|