33333.8
. (a) Every redevelopment agency shall comply with and
fulfill its obligations with regard to the provision of affordable
housing as required by this part prior to the time limit on the
effectiveness of the redevelopment plan established pursuant to
Sections 33333.2, 33333.6, and 33333.10, and before the agency
exceeds a limit on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency if required by Section
33333.4 or the limit on the number of dollars of taxes in a
redevelopment plan. A legislative body may not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with its affordable housing obligations. Notwithstanding any
other provision of law, this section shall apply to each
redevelopment agency and each redevelopment project area established
or merged pursuant to this part and Part 1.5 (commencing with Section
34000), including project areas authorized pursuant to this chapter
and each individual project area that is authorized pursuant to any
other provision of law.
(1) The affordable housing obligations specified in subdivision
(a) shall include all of the following:
(A) The obligation to make deposits to and expenditures from the
Low and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, 33334.4, 33334.6, 33487, 33492.16, and other similar and
related statutes.
(B) The obligation to eliminate project deficits pursuant to
Sections 33334.6, 33487, 33492.16, and other similar and related
statutes.
(C) The obligation to expend or transfer excess surplus funds
pursuant to Section 33334.12 and other similar and related statutes.
(D) The obligation to provide relocation assistance pursuant to
Article 9 (commencing with Section 33410), Section 7260 of the
Government Code, or other applicable relocation laws.
(E) The obligation to provide replacement housing pursuant to
subdivision (a) of Section 33413, Article 9 (commencing with Section
33410), and other similar and related statutes.
(F) The obligation to provide inclusionary housing pursuant to
Section 33413 and other similar and related statutes and ordinances.
(2) A redevelopment agency shall not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with these obligations.
(b) If, on the date of the time limit on the effectiveness of the
redevelopment plan, a redevelopment agency has not complied with
subdivision (a), the time limit on the effectiveness of the
redevelopment plan, and, if necessary, the time limit for repayment
of indebtedness, shall be suspended until the agency has complied
with subdivision (a). In addition, the agency shall receive and use
all tax increment funds that are not pledged to repay indebtedness
until the agency has fully complied with its obligations.
(c) If, on the date of the time limit on the repayment of
indebtedness, the agency has not complied with subdivision (a), the
time limit on the repayment of indebtedness shall be suspended until
the agency has complied with subdivision (a). In addition, the agency
shall receive and use tax increment funds until the agency has fully
complied with its obligations.
(d) If, on the date of the time limit on the repayment of
indebtedness, the agency has complied with its obligations under
subdivision (a) and has moneys remaining in the Low and Moderate
Income Housing Fund, the agency shall transfer the remaining moneys
to a low and moderate income housing fund or account for a different
project area within the agency's jurisdiction, if one exists, or if a
different project area does not exist, the agency shall either
transfer the remaining moneys to a special fund of the community or
to the community or county housing authority. The community,
community housing authority, or county housing authority to which the
remaining moneys are transferred shall utilize the moneys for the
purposes of, and subject to the same restrictions that are applicable
to, the redevelopment agency under this part.
(e) If a redevelopment plan provides a limit on the total amount
of tax increment funds that may be received by a redevelopment agency
for any project area, and if that limit is reached prior to the
agency complying with its obligations pursuant to subdivision (a),
that limit is suspended until the agency has complied with
subdivision (a) and the agency shall receive and use tax increment
funds until the agency has fully complied with its obligations.
(f) If an agency fails to comply with its obligations pursuant to
this section, any person may seek judicial relief. The court shall
require the agency to take all steps necessary to comply with those
obligations, including, as necessary, the adoption of ordinances, to
incur debt, to obtain tax increments, to expend tax increments, and
to enter into contracts as necessary to meet its housing obligations
under this part.