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s 6156. Stages of Review by a Public Entity.
(a) Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis therefore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request.
(b) Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation.
(c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted.
(d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moves from the property or the date he receives final compensation for the property, whichever is later.









s 6158. Formal Review and Reconsideration by the Public Entity.
(a) General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal.
(b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of:
(1) All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness.
(2) The reasons given by the claimant for requesting review and reconsideration of the claim.
(3) Any additional written or relevant documentary material submitted by the claimant.
(4) Any further information which the public entity in its discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim.
(c) Determination on Review by Public Entity.
(1) The determination on review by the public entity shall include, but is not limited to:
(A) The public entity's decision on reconsideration of the claim.
(B) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale.
(C) A statement to the claimant of the right to further administrative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought.
(2) The determination shall be in writing with a copy provided to the claimant.
(d) Time Limits.

(1) The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last material submitted for consideration by the claimant of the date of the hearing, whichever is later.
(2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later.








s 6160. Refusals to Waive Time Limitation.
Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination.








s 6162. Extension of Time Limits.
The time limits specified in Section 6156 may be extended for good cause by the public entity.








s 6164. Recommendations by Third Party.
Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provisions of this Article.
Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination.








s 6166. Review of Files by Claimant.
Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination.








s 6168. Effect of Determination on Other Persons.
The principles established in all determinations by a public entity shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review.








s 6170. Right to Counsel.
Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections.








s 6172. Stay of Displacement Pending Review.
If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the complainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement.








s 6174. Joint Complainants.
Where more than one person is aggrieved by the failure of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing a single written request for review. A determination shall be made by the public entity for each of the complainants.









s 6176. Judicial Review.
Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article.








s 6180. Purpose.
The purpose of this Article is to set forth the practices to be followed with respect to acquisition of real property by a public entity. Public entities shall, to the greatest extent practicable, be guided by these practices.









s 6182. Acquisition.
(a) A public entity shall make every reasonable effort to acquire property by negotiation and to do so expeditiously.
(b) Before negotiations are initiated (see subsection 6008(n)) a public entity shall:
(1) Have the property appraised, giving the owner or his representative designated in writing an opportunity, by reasonable advance written notice, to accompany the appraiser during the inspection of the property;
(2) If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq. ).
(3) Establish an amount it believes to be just compensation for the property, which amount shall, in no event, be less than the public entity's approved appraisal of the fair market value of the property as improved.
(c) The determination of just compensation shall be based upon consideration of:
(1) The real property being acquired;
(2) Where the real property acquired is part of a larger parcel, the injury, if any, to the remainder; and
(3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage.
(d) As soon as possible after the amount of just compensation is established, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the basis for determination of just compensation. The statement shall include the following:
(1) A general statement of the public use for which the property is to be acquired.
(2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the interest to be acquired.
(3) An inventory identifying the buildings, structures, fixtures, and other improvements.
(4) A recital of the amount of the offer and a statement that such amount:
(A) Is the full amount believed by the public entity to be just compensation for the property taken;
(B) Is not less than the approved appraisal of the fair market value of the property as improved;
(C) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
(D) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity, except for an amount to compensate the owner for that portion of loss of goodwill provided in accordance with Section 6100.

(5) If the real property is a portion of a larger parcel, the statement shall include an apportionment of the total estimated just compensation for the partial acquisition between the value of the property being taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken.
(6) If the owner of the real property to be acquired is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwill.
(e) At the initiation of negotiations (see subsection 6008(n)) a public entity shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 et seq.).
(f) (1) If after receiving the public entity's offer the owner requests additional information regarding the determination of just compensation, the public entity shall provide the following information to the extent that the determination of just compensation is based thereon:
(A) The date of valuation used.
(B) The highest and best use of the property.
(C) The applicable zoning.
(D) Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value.
(E) If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification.
(2) With respect to each sale, contract, or lease provided in accordance with (1)(D) above, the following data should be provided:
(A) The names and business or residence addresses, if known, of the parties to the transaction.

(B) The location of the property subject to the transaction.
(C) The date of transaction.
(D) The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circumstances, the public entity may, if the document is available for inspection, state the place where and the times when it is available for inspection.
(3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced.
(g) Whenever a part of a parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape or condition as to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. For the purposes of these Guidelines an "uneconomic remnant" shall be a parcel of real property in which the owner retains an interest after partial acquisition of his property and which has little or no utility or value to such owner. (Nothing in this subsection is intended to limit a public entity's authority to acquire real property.)
(h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise provided by law.
(i) (1) Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presentation.
(2) Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the public entity shall have its appraisal updated. If a modification in the public entity's determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner.
(j) (1) In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation on the deposit of funds in court for the use of the owner, or take any other action coercive or misleading in nature, in order to compel or induce an agreement on the price to be paid for the property.
(2) If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property.








s 6184. Notice of Decision to Appraise.
The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that:
(a) A specific area is being considered for a particular public use;
(b) The owner's property has been determined to be located within the area; and
(c) The owner's property, which shall be generally described, may be acquired in connection with the public use.








s 6186. Time of Offer.
The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise. (See section 6184.)








s 6188. Notice of Land Acquisition Procedures.
(a) At the time the public entity notifies an owner of its decision to appraise real property it shall furnish the owner a written explanation of its land acquisition procedures, describing in non-technical, understandable terms the public entity's acquisition procedures and the principal rights and options available to the owner.
(b) The notice shall include the following:

(1) A description of the basic objective of the public entity's land acquisition program and a reference to the availability of the public entity's statement covering relocation benefits for which an owner-occupant may be eligible;
(2) A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each appraiser during his inspection of the property.
(3) A statement that if the acquisition of any part of real property would leave the owner with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer to acquire the uneconomic remnant; if the owner so desires;
(4) A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material, which the public entity will carefully consider, and that if a voluntary agreement cannot be reached the public entity, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, giving notice of the latter as provided in section 6190.

(5) A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public entity of the date by which the move is required; and
(6) A statement that, if arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the public entity on short notice, the rental will not exceed the lesser of the fair rental value of the property to short term occupier or the pro rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).)








s 6190. Notice of Public Entity's Decision Not to Acquire.
Whenever a public entity which has forwarded a Notice of Decision to Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision not to acquire.








s 6192. Incidental Expenses.
If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among the expenses requiring payment are: recording fees, transfer fees and similar expenses incident to the conveyance of real property, and the pro rata portion of charges for public service such as water, sewage and trash collection which are allowable to a period subsequent to the date of transfer of title to the public entity or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply for a rebate of the pro rata portion of any real property taxes paid.








s 6194. Short Term Rental.
(a) If the public permits an owner or tenant to occupy the real property acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c).)
(b) A post-acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of termination of the tenancy.








s 6195. Public Information.
The purchase price and other consideration paid by the public entity is public information and shall be made available upon request.








s 6196. Service of Notice.
Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified.









s 6198. Nonpossessory Interest Exception.
The provisions of 6182(b), (c), (d)(4), and (f) and 6188 shall not apply to the acquisition of any easement, right-of-way, covenant or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair or replacement of sub-surface sewers, waterlines or appurtenance, drains, septic tanks, or storm water drains.
Attachment A Minimum Contents of Informational Statement(s)


For Distribution
To
_____________________
Business
Displaced Concerns
Item To Be Included Persons and Others
1. General description of the nature and types of x x
activities that will be undertaken, including an
identification of areas which may involve
displacement. A diagrammatic sketch of the project
area should be attached.
2. Statement that public action may result in x x
displacement but that no one lawfully occupying
property will be required to surrender possession with
out at least 90 days' written notice from the public
entity and no one will be required to move until 90
days after the provision of information.
3. Assurance that families and individuals will not be x
required to move before reasonable offers of decent,

safe, sanitary and otherwise comparable housing within
their financial means have been made, except for the
causes set forth in the local agency's eviction policy
(which shall be in accordance with section 6058.)
4. General description of types of relocation payments x x
available, including general eligibility criteria and
a caution against premature moves that might result in
loss of eligibility for a payment.
5. Identification of the agency's relocation program and x x
a description of the relocation services and aids that
will be available.
6. Encouragement to visit the agency's relocation office x x
and cooperate with the staff. The address, telephone
number, and hours of the relocation office should be
specified.
7. Information on replacement housing, including:
a. Brief description of what constitutes comparable x
replacement housing, including physical standards.
b. Laymen's description of Federal fair housing law x
(Title VIII of Civil Rights Act of 1968), and
applicable State and local fair housing laws, as well

as rights under Title IV of the Civil Rights Act of
1964.
c. Statement that the public entity (or its agent) will x
identify comparable replacement dwellings within the
financial means of and otherwise available to
displaced persons and will provide assistance to
persons in obtaining housing of their choice,
including assistance in the referral of complaints of
discrimination to the appropriate Federal, State or
local fair housing enforcement agency.
d. Statement that persons may seek their own housing x
accommodations and urging them, if they do so, to
notify the relocation office prior to making a
commitment to purchase or occupy the property.
8. Statement that the public entity will provide maximum x
assistance in locating relocation
accommodations,including consultation with the Small
Business Administration and other governmental
agencies which might be of assistance.
9. Statement describing requirement for prior x
notification to the agency of the business concern's

intention to move.
10. Summary of the local agency's eviction policy, which x x
shall be in accordance with the provisions of section
6058.
11. Statement describing the agency's grievance x x
procedure, its purpose, and how it may be used, which
procedure shall be in accordance with the provisions
of Article 5.




Note: Authority cited: Sections 41226 and 50626, Health and Safety Code. Reference: Sections 41220-41229 and 50625-50629, Health and Safety Code.













Note: Authority cited: Section 50459, Health and Safety Code; and Section 65302(c), Government Code. Reference: Section 65302(c), Government Code.













Note: Authority cited: Section 50459, Health and Safety Code, and Section 65302(c), Government Code. Reference: Section 65302(c), Government Code.



















s 6500. General Provisions.
The Political Reform Act, Government Code Sections 81000, et seq.,requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Adm. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department and Commission of Housing and Community Development.
Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the Director, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.


Note: Authority cited: Section 87300, Government Code. Reference: Sections 81001, 87300 and 87311, Government Code.








Appendix A
Designated Positions

Persons in the following classes or positions are designated employees and shall make the types of disclosures set forth in the disclosure category listed opposite the position.

DISCLOSURE

Director; Chief Deputy Director; Deputy, Directors;
Assistant to the Director; Assistant Director for External
Affairs;
Assistant for Policy Development;
Director Marketing and Communications;
Project Manager/Major Information Technical Projects;......... 1
Staff Services Managers (all levels);......................... 3
Chief Counsel/Deputy Director; Staff Counsel (all levels);.... 1
Associate Government Program Analyst (all levels)............. 2
Deputy Director............................................... 1
Staff Services Managers (all levels);
Data Processing Manager (all levels);
Staff Programmer Analyst; Staff Information Systems Analyst;
Associate Programmer Analysts (Spec. & Supv.)
Assoc. Information Systems Analysts (Spec. & Supv.)
Accounting Administrators (all levels);
Accounting Officers (all levels); Accounting Analysts (all
levels);
Business Service Officers (all levels); Business Service
Assistant;
Associate Governmental Program Analysts;

Staff Services Analysts (except in the Personnel Office);
Training Officer.............................................. 3
Legislative Division
Deputy Director;.............................................. 1
Staff Services Managers (all levels);
Associate Governmental Program Analyst,
Staff Services Analyst........................................ 2 & 3
Audit Division
Chief; Staff Management Auditor;
Staff Services Management Auditor; Associate Management 5
Auditors....................................................
Deputy Director; Assistant Deputy Director;
Housing and Community Development Managers (all levels);
Housing and Community Development Specialists (all levels);
Housing and Community Development Representatives (all 1
levels);....................................................
Deputy Director; Assistant Deputy Director; Assistant 1
Chief.......................................................
Codes and Standards Administrators (all levels);
District Representatives (all levels); Staff Services Manager
I;

Mobilehome Registration Manager;
Mobilehome Registration Supervisor III;
Mobilehome Registration Specialist;........................... 4
Deputy Director; Assistant Deputy Director;
Special Assistant to the Deputy Director...................... 1
Housing and Community Development Representatives (all
levels);
Housing and Community Development Specialists (all levels);
Housing and Community Development Managers (all levels);
Associate Governmental Program Analysts;
Management Services Technicians;
Staff Services Analysts;
Loan and Grant Committee Members.............................. 2
FN--------------------------
Consultants [FNa1]
[FNa1]Consultants shall disclose pursuant to the broadest disclosure category
in the code subject to the following limitation:
FN The Director may determine in writing that a particular consultant,
although a "designated position", is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall

include a description of the consultant duties and based upon that
description, a statement of the extent of disclosure requirements. The
Director's determination is a public record and shall be retained for public
inspection in the same manner and locations as this conflict of interest
code." Note:Authority cited: Section 87300, Government Code. Reference:
Sections 87300-87311, Government Code.










Appendix B
Disclosure Categories

Financial interests of employees holding positions designated in this section are to be reported in statements of economic interests as follows: Designated Employees in Category 1 must report:
(a) All investments and any business positions in any business entity;
(b) All sources of income;
(c) All interests in real property (excluding one's primary personal residence).
Designated Employees in Category 2 must report:
(a) All investments, business positions in, or sources of income from any entity of the type which has, in any manner, been affected by or subject to departmental regulations or policies (excluding regulations or policies regarding building or energy standards).
(b) All investments, business positions in or sources of income from any entity engaged in the design of, development or rehabilitation of, sale or purchase of, or investment in real property, manufactured or factory-built housing.
(c) All investments, business positions in or sources of income from any entity engaged in the design, development, rehabilitation, or construction of public facilities.
(d) Any interest in real property (excluding one's primary personal residence) situated in any jurisdiction receiving or eligible for funding from or through the section to which the designated employee is assigned.
(e) Investments, business positions, or sources of income from any entity which is situated or doing business in any jurisdiction receiving or eligible for funding from or through the section to which the designated employee is assigned.
Designated Employees in Category 3 must report:
Investments, business positions in, or sources of income from any business entity of the type which contracts with the department to provide or obtain supplies, materials, services, machinery, or equipment.
Designated Employees in Category 4 must report:
Investments, business positions, or sources of income from any business entity which has been subject to or affected by any regulations or policies of the department relating to mobilehomes, manufactured homes, factory-built housing, mobilehome parks, labor camps, recreational vehicles, commercial coaches, or any other programs or policies administered by the division.
Designated Employees in Category 5 must report:
Investments in, income from, and positions held with business entities which were the subject of an audit during the reporting period. Note: Authority cited: Section 87300, Government Code. Reference: Sections 87300-87311, Government Code.








s 6900. Committee Membership.
(a) On an annual basis, the Director shall establish the membership of a single advisory committee.
(b) The advisory committee shall be known as the "Local Assistance Loan and Grant Committee," hereinafter "committee." All references to the following specific loan and grant committees contained in the California Code of Regulations, Title 25, Part I, Chapter 7 (commencing with Section 7000) shall be understood to be references to the Local Assistance Loan and Grant Committee:

(1) Rural Loan and Grant Committee,
(2) Urban Loan and Grant Committee,
(3) Rental Housing Construction Incentive Committee,
(4) Rehabilitation and Housing Assistance Loan and Grant Committee,
(5) Housing Development and Assistance Committee, and
(6) Rehabilitation and Construction Finance Committee.
(c) Committee membership shall consist of the following:
(1) No more than three Department employees.
(2) No less than four public members.
(d) The Department employees selected for the committee shall be selected from Department employees in exempt positions or Career Executive Assignments (CEA). In the event one or more department committee members are unable to attend a meeting of the committee, the Director may designate a substitute from among department employees in exempt positions or Career Executive Assignments (CEA).
(e) Public membership of the committee shall meet the following criteria:
(1) Each public member shall be representative of, or have experience in, one or more of the following areas:
(A) Private sector lending;
(B) For-profit housing development;
(C) Nonprofit housing development;
(D) Public sector housing development;
(E) Local or regional planning;
(F) Architecture;

(G) Local community development;
(H) Local government;
(I) Housing development consultation; and
(J) Housing issues related academia.
(2) Overall public membership shall contribute to a balance among geographic areas and between urban and rural interests.


Note: Authority cited: Section 50406(n), Health and Safety Code; and Section 11152, Government Code. Reference: Section 50402, Health and Safety Code; and Section 11152, Government Code.








s 6902. Committee Jurisdiction.
(a) The Committee shall review local assistance applications and other related issues as determined by the Director.
(b) The Director shall determine at least annually the specific local assistance programs that shall present applications for review by the Committee. The Director's determination shall be based on the following criteria:
(1) Budgetary authority;

(2) Impact on personnel resources; and
(3) Committee recommendations as to local assistance applications subject to review.
(c) The Director may modify the annual selection of local assistance programs pursuant to subsection (b) based on a change in a particular program or a reassessment of the selection criteria.
(d) At least annually, the Director also shall determine the type and nature of applications submitted to the designated local assistance programs that shall be reviewed by the Committee.
(e) The Director may modify the annual determination of the type and nature of applications pursuant to subsection (d) based n a change in the program or a reassessment of the workload of the program staff or of the committee.
(f) The Committee shall review other related issues as may be assigned at the discretion of the Director.
(g) Committee recommendations shall be advisory only.


Note: Authority cited: Section 50406(n), Health and Safety Code; and Section 11152, Government Code. Reference: Section 50402, Health and Safety Code; and Section 11152, Government Code.








s 6904. Committee Operations.
The following provisions shall apply to Committee operations.
(a) Meetings shall be scheduled by the Director based on one or more of the following determinations.
(1) The level of applications is great enough to require that a meeting be scheduled;
(2) A special meeting is requested by the Committee, the need for which is verifiable; and

(3) The need exists to respond to an emergency situation as defined in Section 11125.5 of the Government Code.
(b) With the exception of emergency meetings, notice of all meetings shall be provided at least ten days prior to each meeting to all persons who have requested said notice in writing.
(c) Subject to the exceptions set forth in the Bagley-Keene Open Meeting Act, Government Code Sections 11120 et seq., all meetings shall be open to the public and all persons shall be permitted to attend any meeting.
(d) At least annually, the Director shall appoint a chairperson for the committee.
(e) Each member shall serve at the sole discretion of the Director and shall have one vote.
(f) The Committee shall consider all oral and written material presented and make recommendations to the Director as follows:

(1) Approve;
(2) Approve with conditions;
(3) Disapprove; and
(4) Continue to a future meeting.
(g) The minutes of all meetings and all other transactions shall be recorded and retained.


Note: Authority cited: Section 50406(n), Health and Safety Code; and Section 11152, Government Code. Reference: Section 50402, Health and Safety Code; and Section 11152, Government Code.








s 6906. Appeals.


Note: Authority cited: Sections 50402 and 50406, Health and Safety Code. Reference: Sections 50402, 50517, 50517.5, 50542, 50626, 50662, 50680, 50690, 50700, 50735 and 50775, Health and Safety Code.









s 6910. Scope and Applicability.
(a) This subchapter applies only to certain programs as required by law and to any others which specifically incorporate these regulations or the statutes implemented by this subchapter. It does not apply in programs which receive federal assistance if federal requirements prohibit compliance with the definitions herein.
(b) The following programs must comply with all portions of this subchapter, including the provision of providing "affordable units":
Sales of surplus local agency property to certain housing corporations, pursuant to Government Code Section 50570,
Redevelopment agency tax increment expenditures for housing pursuant to Health and Safety Code Sections 33334.2 through 33334.5, Redevelopment agency replacement housing pursuant to Health and Safety Code Section 33413,
The Farmworker Housing Grant Program, pursuant to Health and Safety Code Section 50517.5,
The Residential Hotel Rehabilitation Program, pursuant to Health and Safety Code Section 50519,
The Mobilehome Parks for Senior Citizens Demonstration Project, pursuant to Health and Safety Code Section 50540,
The Rental Housing Construction Program, pursuant to Health and Safety Code Section 50735,
The Demonstration Housing Rehabilitation Program, pursuant to Health and Safety Code Section 50669,
CHFA Multi-Family Rental Developments, pursuant to Health and Safety Code Section 51200.
(c) The following programs must comply with certain portions of this subchapter. Reference must be made to specific statutes to determine applicability.
The annual report by the Superintendent of Banks, pursuant to Financial Code Section 1237,
The annual report of the Savings and Loan Commissioner, pursuant to Financial Code Section 7153.9,
Relocation assistance to residents in publicly-assisted rehabilitation, pursuant to Government Code Section 7265.3,
Rental or housing in the Capitol Area Plan, pursuant to the Government Code Section 8169,
Transfers of surplus state lands pursuant to Government Code Section 11011.1,
Sales by counties of certain residential properties pursuant to Government Code Section 25539.2,
Sales by cities of certain residential properties, pursuant to Government Code Section 37363,
Disposal of state surplus residential property pursuant to Government Code Section 54235, et seq. ( "SB 86"),
Density bonuses and other incentives, pursuant to Section 65915 of the Government Code,
Redevelopment agency merger obligations pursuant to Health and Safety Code Section 33464,
Dislocation due to the Marks-Foran Residential Rehabilitation Program, pursuant to Health and Safety Code Section 37922.2,
The (Rural) Predevelopment Loan Fund, pursuant to Health and Safety Code Section 50515,
The Urban Housing Development Loan Fund, pursuant to Health and Safety Code Section 50530,
The Low-Income Home Management Training Program, pursuant to Health and Safety Code Section 50600,
The Deferred Payment Rehabilitation Loan Program, pursuant to Health and Safety Code Section 50660,
The Housing Advisory Service Program, pursuant to Health and Safety Code Section 50690,
The (Rural) Land Purchase Fund, pursuant to Health and Safety Code Section 50700,
The Homeownership Assistance Program, pursuant to Health and Safety Code Section 50770,
CHFA Home Ownership and Home Improvement Loan Program, pursuant to Health and Safety Code Section 51300,
Housing in the Coastal Zone, pursuant to Public Resources Code Section 30213,
Tax benefits for rehabilitation of single-family structures pursuant to Revenue and Taxation Code Section 3772.5.


Note: Authority cited: Sections 50052.5, 50053, 50079.5, 50093, and 50105, Health and Safety Code. Reference: Sections 1237, 7153.9, Financial Code; Sections 8169, 11011.1, 25539.2, 37363, 50570, 54235, and 65915, Government Code; Sections 33334.2 through 33334.5, 33413, 33464, 37922.2, 50515, 50517.5, 50519, 50530, 50540, 50600, 50640, 50660, 50669, 50690, 50700, 50735, 50770, 51050, and 51330, Health and Safety Code; Section 30213, Public Resources Code; and 3772.5, Revenue and Taxation Code.








s 6912. Definitions.
For purposes of this subchapter, the following definitions shall apply:
"Affordable housing cost" -see Section 6924
"Affordable rent" -see Section 6922
"Exceptional medical or other expenses" means medical expenses, and/or unusual expenses, as defined in this section, which exceed 25% of the gross annual income.
"Gross income" -see Section 6914
"Housing cost of purchaser" -see Section 6920
"Large very low income family" means a very low income family which includes six or more minors.
"Low income household" -see Section 6928
"Lower income household" -see Section 6928
"Medical expenses" means those medical expenses which are to be anticipated during the 12-month period for which the gross income is computed, and which are not covered by insurance (however, premiums for such insurance may be included as medical expenses).
"Minor" means a member of the family household (excluding foster children) other than the family head or spouse, who is under 18 years of age or is a full-time student and lives at home.
"Moderate income household" -see Section 6930
"Net income" -see Section 6916
"Other lower-income household" -see Section 6928
"Persons and families of low or moderate income" -see Section 6930
"Persons of low income" -see Section 6928
"Rent" -see Section 6918
"Unusual expenses" means amounts paid by the family for the care of minors under 13 years of age or for the care of disabled or handicapped family household members, but only where such care is necessary to enable a family member to be gainfully employed, and the amount allowable as unusual expenses shall not exceed the amount of income from such employment.
"Very large lower-income family" means a lower income family which includes eight or more minors.
"Very low income household" -see Section 6926


Note: Authority cited: Sections 50052.5, 50053, 50079.5, 50093, 50105, Health and Safety Code. Reference: Sections 50052.5, 50053, 50079.5, 50093, 50105, Health and Safety Code.








s 6914. Gross Income.
"Gross income" shall mean the anticipated income of a person or family for the twelve-month period following the date of determination of income. If the circumstances are such that it is not reasonably feasible to anticipate a level of income over a twelve-month period, a shorter period may be used subject to a redetermination at the end of such a period. "Income" shall consist of the following:
(a) Except as provided in subdivision (b), all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
(3) Interest and dividends;
(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (but see subdivision (b)(3)).

(6) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
(8) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see subdivision (b)(5)).
Where a family has net family assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net family assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net family assets means value of equity in real property other than the household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (continued)