Section 8193 Of Article 3. Capitol Area Redevelopment From California Government Code >> Division 1. >> Title 2. >> Chapter 2.8. >> Article 3.
8193
. (a) During the period commencing on July 1, 1982, and ending
when 600 newly constructed dwelling units have been completed and
initially occupied, the authority shall have currently occupied or
make available at affordable rents to low-income households at least
25 percent of the existing dwelling units.
(b) Beginning when 600 newly constructed dwelling units have been
completed and initially occupied, the authority shall have currently
occupied or make available at affordable rents to low-income
households at least 25 percent of the total number of dwelling units
located on property leased by the authority from the department.
(c) The number of dwelling units which are required to be made
available in the manner specified in subdivisions (a) and (b) shall
be increased or decreased to reflect increases or decreases in the
number of the units which are leased by the authority from the
department.
(d) The term "existing dwelling units," as used in this section,
means residential units located on property which was leased by the
authority from the department on July 1, 1979.
(e) The term "newly constructed dwelling units," as used in this
section, means residential units located on property which is first
leased by the authority from the department after July 1, 1979.
(f) The term "affordable rents," as used in this section, means
rents (including utility allowances established by the authority) not
exceeding those allowed under the United States Department of
Housing and Urban Development Section 8 Housing Assistance Payments
Program (42 U.S.C. Sec. 1437f) or its successor.
(g) The term "low-income households," as used in this section,
means persons and families whose income does not exceed 80 percent of
the median income of the Sacramento County Standard Metropolitan
Statistical Area as adjusted by the United States Department of
Housing and Urban Development.
(h) During the period commencing on January 1, 1980, and ending
when 800 newly constructed dwelling units have been completed and
occupied, the authority shall establish a schedule of rents designed
to make available to low-income households not less than 400 units at
as close to affordable rents as the authority deems practicable in
light of its budgetary needs regarding its duties and obligations.
The schedule shall be designed to impose market rate rents for
remaining units leased by the authority from the department.
(i) During period set forth in subdivision (h), rents for the 400
units referred to in subdivision (h) shall only be increased by an
amount the authority determines is equal to the increase in the cost
of operation and maintenance (including overhead) of the units. The
foregoing determination shall be based on evidence presented at a
regular or special meeting of the authority's governing body.
(j) During the period commencing on January 1, 1980, and ending
when 600 newly constructed dwelling units have been completed and
occupied, the provisions of subdivision (b) shall be a goal of the
authority, which the authority shall pursue, giving due consideration
to the provisions of the redevelopment plans and other duties and
obligations of the authority. To this end, the authority shall
utilize to the extent it deems appropriate:
(1) Tax exempt financing for the construction of residential
dwelling units, and
(2) Federal and state programs for the subsidization of low-income
households.
(k) On or before November 1, 1980, and annually thereafter, the
authority shall make public a status report regarding the authority's
progress in achieving the housing production goals set forth in
subdivisions (a) and (b). The status report shall (1) set forth the
degree to which the authority has achieved this goal, and (2) specify
programs the authority intends to pursue to achieve this goal.
(1) At the time the authority leases property for newly
constructed dwelling units, it shall enter into a written lease with
the developer of the units, designating the number of the units, if
any, to be made available on a priority basis within that development
to low-income households. If the number of units occupied by
low-income households in the development ever falls below the
designated number, then units which become available for occupancy
shall, subject to available subsidies, be made available on a
priority basis to low-income households until the number of units so
occupied equals at least the number specified in the agreement. The
authority may from time to time review agreements designating these
units and, subject to agreement with the developer or his or her
successors, may increase the number of units to be made available to
low-income households. For the purpose of determining whether the
authority is satisfying subdivision (b), units designated pursuant to
this agreement shall be conclusively presumed to be available to
low-income households at affordable rent. This presumption shall not
apply in an action to enforce any provision of any lease or other
agreement between the authority and the developer of newly
constructed units. The authority shall monitor and enforce the
provisions of this subdivision.