Section 33334.4 Of Article 4. Preparation And Adoption Of Redevelopment Plans By The Agency From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 4.
33334.4
. (a) Except as specified in subdivision (d), each agency
shall expend over each 10-year period of the implementation plan, as
specified in clause (iii) of subparagraph (A) of paragraph (2) of
subdivision (a) of Section 33490, the moneys in the Low and Moderate
Income Housing Fund to assist housing for persons of low income and
housing for persons of very low income in at least the same
proportion as the total number of housing units needed for each of
those income groups bears to the total number of units needed for
persons of moderate, low, and very low income within the community,
as those needs have been determined for the community pursuant to
Section 65584 of the Government Code. In determining compliance with
this obligation, the agency may adjust the proportion by subtracting
from the need identified for each income category, the number of
units for persons of that income category that are newly constructed
over the duration of the implementation plan with other locally
controlled government assistance and without agency assistance and
that are required to be affordable to, and occupied by, persons of
the income category for at least 55 years for rental housing and 45
years for ownership housing, except that in making an adjustment the
agency may not subtract units developed pursuant to a replacement
housing obligation under state or federal law.
(b) Each agency shall expend over the duration of each
redevelopment implementation plan, the moneys in the Low and Moderate
Income Housing Fund to assist housing that is available to all
persons regardless of age in at least the same proportion as the
number of low-income households with a member under age 65 years
bears to the total number of low-income households of the community
as reported in the most recent census of the United States Census
Bureau.
(c) An agency that has deposited in the Low and Moderate Income
Housing Fund over the first five years of the period of an
implementation plan an aggregate that is less than two million
dollars ($2,000,000) shall have an extra five years to meet the
requirements of this section.
(d) For the purposes of this section, "locally controlled" means
government assistance where the community or other local government
entity has the discretion and the authority to determine the
recipient and the amount of the assistance, whether or not the source
of the funds or other assistance is from the state or federal
government. Examples of locally controlled government assistance
include, but are not limited to, Community Development Block Grant
Program (42 U.S.C. Sec. 5301 and following) funds allocated to a city
or county, Home Investment Partnership Program (42 U.S.C. Sec. 12721
and following) funds allocated to a city or county, fees or funds
received by a city or county pursuant to a city or county authorized
program, and the waiver or deferral of city or other charges.