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County Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
Solano Extremely 15,5- 17,7- 20,0- 22,2- 24,0- 25,7- 27,550 29,-
County Low 50 50 00 00 00 50 3-
00
Area Median Very Low 25,9- 29,6- 33,3- 37,0- 39,9- 42,9- 45,900 48,-
Income 00 00 00 00 50 00 8-
50
Income: Lower 41,4- 47,3- 53,3- 59,2- 63,9- 68,6- 73,400 78,-
$74,000 Income 50 50 00 00 50 50 1-
50
Median 51,800 59,2- 66,6- 74,0- 79,9- 85,8- 91,8- 97,700
Income 00 00 00 00 00 00
Moderate 62,200 71,0- 79,9- 88,8- 95,9- 103,- 110,- 117,2-
Income 00 00 00 00 000 100 00
Sonoma Extremely 15,8- 18,0- 20,3- 22,5- 24,3- 26,1- 27,950 29,-
County Low 00 50 00 50 50 50 7-
50
Area Median Very Low 26,3- 30,0- 33,8- 37,5- 40,5- 43,5- 46,550 49,-
Income 00 50 00 50 50 50 5-
50
Income: Lower 41,7- 47,7- 53,6- 59,6- 64,3- 69,1- 73,900 78,-
$75,100 Income 00 00 50 00 50 50 6-
50
Median 52,600 60,1- 67,6- 75,1- 81,1- 87,1- 93,1- 99,100
Income 00 00 00 00 00 00
Moderate 63,100 72,1- 81,1- 90,1- 97,3- 104,- 111,- 118,9-
Income 00 00 00 00 500 700 00
Stanislaus Extremely 11,4- 13,0- 14,6- 16,3- 17,6- 18,9- 20,200 21,-
County Low 00 50 50 00 00 00 5-
00
Area Median Very Low 19,0- 21,7- 24,5- 27,2- 29,4- 31,5- 33,750 35,-
Income 50 50 00 00 00 50 9-
00
Income: Lower 30,4- 34,8- 39,1- 43,5- 47,0- 50,4- 53,950 57,-
$54,400 Income 50 00 50 00 00 50 4-
00
Median 38,100 43,5- 49,0- 54,4- 58,8- 63,1- 67,5- 71,800
Income 00 00 00 00 00 00
Moderate 45,700 52,2- 58,8- 65,3- 70,5- 75,7- 81,0- 86,200
Income 00 00 00 00 00 00
Sutter Extremely 10,7- 12,2- 13,7- 15,2- 16,4- 17,7- 18,900 20,-
County Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
Tehama Extremely 10,7- 12,2- 13,7- 15,2- 16,4- 17,7- 18,900 20,-
County Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
Trinity Extremely 10,7- 12,2- 13,7- 15,2- 16,4- 17,7- 18,900 20,-
County Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
Tulare Extremely 10,7- 12,2- 13,7- 15,2- 16,4- 17,7- 18,900 20,-
County Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
Tuolumne Extremely 11,4- 13,0- 14,6- 16,2- 17,5- 18,8- 20,150 21,-
County Low 00 00 50 50 50 50 4-
50
Area Median Very Low 18,9- 21,7- 24,4- 27,1- 29,2- 31,4- 33,600 35,-
Income 50 00 00 00 50 50 7-
50
Income: Lower 30,3- 34,7- 39,0- 43,3- 46,8- 50,3- 53,750 57,-
$54,200 Income 50 00 00 50 00 00 2-
00
Median 37,900 43,4- 48,8- 54,2- 58,5- 62,9- 67,2- 71,500
Income 00 00 00 00 00 00
Moderate 45,500 52,0- 58,5- 65,0- 70,2- 75,4- 80,6- 85,800
Income 00 00 00 00 00 00
Ventura Extremely 16,9- 19,3- 21,8- 24,2- 26,1- 28,0- 30,000 31,-
County Low 50 50 00 00 50 50 9-
50
Area Median Very Low 28,2- 32,2- 36,2- 40,3- 43,5- 46,7- 49,950 53,-
Income 00 50 50 00 00 50 2-
00
Income: Lower 45,1- 51,6- 58,0- 64,5- 69,6- 74,8- 79,950 85,-
$79,500 Income 50 00 50 00 50 00 1-
00
Median 55,700 63,6- 71,6- 79,5- 85,9- 92,2- 98,6- 104,9-
Income 00 00 00 00 00 00 00
Moderate 66,800 76,3- 85,9- 95,4- 103,- 110,- 118,- 125,9-
Income 00 00 00 000 700 300 00
Yolo County Extremely 13,0- 14,8- 16,7- 18,5- 20,0- 21,5- 23,000 24,-
Low 00 50 00 50 50 00 5-
00
Area Median Very Low 21,6- 24,7- 27,8- 30,9- 33,4- 35,9- 38,400 40,-
Income 50 50 50 50 50 00 8-
50
Income: Lower 34,6- 39,6- 44,5- 49,5- 53,4- 57,4- 61,400 65,-
$61,900 Income 50 00 50 00 50 00 3-
50
Median 43,300 49,5- 55,7- 61,9- 66,9- 71,8- 76,8- 81,700
Income 00 00 00 00 00 00
Moderate 52,000 59,4- 66,9- 74,3- 80,2- 86,2- 92,1- 98,100
Income 00 00 00 00 00 00
Income
County Category 1 2 3 4 5 6 7 8
Yuba County Extremely 10,7- 12,2- 13,7- 15,2- 16,4- 17,7- 18,900 20,-
Low 00 00 50 50 50 00 1-
50
Area Median Very Low 17,8- 20,3- 22,8- 25,4- 27,4- 29,4- 31,500 33,-
Income 00 00 50 00 50 50 5-
50
Income: Lower 28,4- 32,5- 36,6- 40,6- 43,9- 47,1- 50,400 53,-
$50,800 Income 50 00 00 50 00 50 6-
50
Median 35,600 40,6- 45,7- 50,8- 54,9- 58,9- 63,0- 67,100
Income 00 00 00 00 00 00
Moderate 42,700 48,8- 54,9- 61,0- 65,9- 70,8- 75,6- 80,500
Income 00 00 00 00 00 00
For all income categories, the income limits for households larger than eight persons are determined as follows:
for each person in excess of eight, add eight percent of the four-person very low-income limit to the very low-income limit for eight persons and round the answer to the nearest $100. For example, the nine-person very low-income limit for Alameda County equals $58,700 ($41,900 * .08 = $3,352 added to $55,300 = $58,652, rounded to $58,700).
Note: Authority cited: Section 50093, Health and Safety Code. Reference: Sections 50079.5, 50093, 50105 and 50106, Health and Safety Code.
s 6935. Authority and Purpose.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193, 8 U.S.C. s 1621), hereinafter referred to as "PRAWORA," among other things, generally requires that receipt of public benefits be limited to U.S. citizens, nationals and qualified aliens. The purpose of this subchapter is to implement this requirement by establishing procedures for the verification of citizenship or qualified alien status of beneficiaries or prospective beneficiaries of the loan and grant programs administered by the Department.
s 6935.2. Application.
(a) The provisions of this subchapter shall apply to the following state-funded loan and grant programs administered by the Department:
(1) Farmworker Housing Grant Program (commencing with section 7200 of this Title);
(2) Deferred-Payment Rehabilitation Loans (commencing with section 7400 of this Title);
(3) Special User Housing Rehabilitation Program (commencing with section 7450 of this Title);
(4) Office of Migrant Services (commencing with section 7600 of this Title);
(5) California Housing Rehabilitation Program (commencing with section 7670 of this Title);
(6) Rental Housing Construction Program (commencing with section 7800 of this Title);
(7) Homeownership Assistance Program (commencing with section 7900 of this Title);
(8) Emergency Housing and Assistance Program (rental assistance only) (commencing with section 7964 of this Title);
(9) Mobile Home Park Assistance Program (commencing with section 8000 of this Title);
(10) California Housing Rehabilitation Program for Owner-Occupied Housing (commencing with section 8040 of this Title);
(11) Rental Housing Construction Program -Proposition 84 Bond (commencing with section 8075 of this Title);
(12) Family Housing Demonstration Program (commencing with section 8110 of this Title);
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: Sections 411 and 431, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104- 193 (PRAWORA)), Sections 212(d)(5) of the INA, 8 U.S.C. ss 1621, 1622, 1641 and 1642.
s 6935.4. Definitions.
The following definitions shall apply to this subchapter:
"Alien" means any person not a citizen or national of the United States.
"Applicant" means any person applying to the Department for a public benefit, or any person seeking to renew or extend an existing public benefit pursuant to any re-certification process.
"Assisted rental unit" means a unit designated as an assisted unit in a regulatory agreement or the management plan for a construction or rehabilitation multifamily project financed, in whole or in part through funding provided by a program identified in Section 6935.2.
"Department" means the California Department of Housing and Community Development.
"Head of Household" means the adult member of the household who is the head of the household for the purposes of determining income eligibility or rent.
"INA" means the Immigration and Nationality Act (8 U.S.C. s 1101 et seq. ).
"INS" means the United States Immigration and Naturalization Service.
"Nonimmigrant" means the same as in Section 101(a)(15) of the INA (8 U.S.C. s 1101(a)(15)).
"Nonprofit charitable organization", for purposes of this subchapter, shall mean an organization as specified in Section 432 of PRAWORA, as amended by Public Law No. 104-208 (8 U.S.C. s 1642(d)) which shall include, but not necessarily be limited to, organizations which have received a tax exemption from the Internal Revenue Service pursuant to Internal Revenue Code section 501(c)(3). "Nonprofit charitable organization" does not include general or limited partnerships which have a nonprofit charitable organization as a general partner unless the partnership entity itself is both non-profit and charitable. An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization, its members or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously-affiliated organizations and educational organizations.
"PRAWORA" means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (Pub. L. No. 104-193, 8 U.S.C. s 1621).
"Public Benefit" means any of the following:
(1) Any kind of rental assistance provided to a household through any program listed in section 6935.2, including but not limited to subsidized rents; tenant-based rental assistance; and rent vouchers;
(2) The right to occupy an assisted unit;
(3) Any loan or grant provided to a homeowner or shareholder in a cooperative through any program listed in section 6935.2.
"Qualified Alien" means an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) of the PRAWORA (8 U.S.C. s 1641(b)), any of the following:
(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. s 1101 et seq.);
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. s 1158);
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. s 1157);
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for a period of at least one year;
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. s 1253(h)) as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. s 1251(b)(3)) (as amended by Section 305(a) of division C of Public Law 104-208);
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment."); or
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note));
(8) An alien who, under Section 431(c)(1) of the PRAWORA (8 U.S.C. s 1641(c)(1)), meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty;
(B) In the opinion of the department there is substantial connection between such battery and cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
(ii) The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
(v) The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
(i) status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)(ii), (iii) or (iv));
(iv) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 154(a)(1)(B)(ii) or (iii));
(v) suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA (8 U.S.C. s 1254)(a)(3)), as in effect prior to April 1, 1997, [Pub.L. 104-208, se. 501 (effective Sept. 30, 1996 pursuant to sec. 304); Pub.L. 105-33, sec. 81 (effective pursuant to sec. 5582)] (codified as "cancellation of removal under section 240A of such Act [8 U.S.C. s 1229b] as in effect prior to April 1, 1997);
(vi) status as a spouse or child of a United States citizen pursuant to clause (I) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)) or classification pursuant to clause (I) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1154(a)(1)(B));
(vii) cancellation of removal pursuant to Section 240(b)(2)(A) of the INA (8 U.S.C. s 1229(b)(2)).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty.
(B) The alien did not actively participate in such battery or cruelty;
(C) In the opinion of the department, there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.
(ii) The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien child's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
(v) The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above;
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) In the opinion of the department there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien child's parent to become self-sufficient following the separation from the abuser.
(ii) The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
(v) The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(c) The alien child meets the requirements of subsection (c)(8)(C) above.
"Regulatory agreement" means an agreement governing the maintenance, use and occupancy of specific units, or a specified number of units, in a rental housing development and which has been or will be entered into between a sponsor and the department as a condition of receiving assistance from any of the programs listed in section 6935.2 above.
"Rental Assistance" means any form of cash, voucher, or promise to provide the payment of rent, in whole or in part, to or on behalf of an individual, household, or family eligibility unit.
"Sponsor" or "Project Sponsor" means the person or entity, including governmental entities, which has been funded by the Department in order to facilitate a public benefit to individuals or households. Depending on the program, the project sponsor may be a grantee of, or a borrower of, funds administered by the Department. "Sponsor" or "Project Sponsor" also means the person or entity designated in a currently effective regulatory agreement as the "borrower". For the purposes of this Subchapter the term "sponsor" does not include a nonprofit charitable organization, as defined above. (Section 432 of the PRAWORA, as amended by Pub. L. 104-208 (8 U.S.C.s 1642(d)), exempts nonprofit charitable organizations from the obligation to verify eligibility.)
"Unqualified Alien" means an alien who is not a qualified alien.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)), 8 U.S.C. ss 1601, 1621, 1641(b) and 1642 (62 Fed.Reg. 61345 et. Seq. (Nov. 17, 1997).)
s 6935.6. Nondiscrimination.
All eligibility requirements contained in this subchapter shall be applied without regard to the race, creed, color, gender, religion, age, disability, familial status or national origin of the individual applying for the public benefit.
Note: Authority cited: Sections 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641 and 1642(d).
s 6937. Eligibility for Public Benefits.
To be eligible to receive a public benefit under the department's programs, a person must be a United States citizen or national, or, pursuant to Section 411 of the PRAWORA, one of the following types of aliens: (a) a qualified alien; (b) a nonimmigrant alien under the INA; or (c) an alien who is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for less than one year.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641 and 1642.
s 6937.2. Eligibility of Households.
(a) To be eligible to receive any form of rental assistance or assisted rental housing unit;
(1) In the case of a new tenancy, each adult member of a household must be eligible to receive a public benefit.
(2) In the case of a tenancy which is in existence as of the effective date of these regulations, either the head of the household or his or her spouse must be eligible to receive a public benefit, provided that the household does not include any person who is ineligible to receive the public benefit other than the head of household or spouse, the parents or grandparents of the head of household or spouse, or the children of the head of household or spouse.
(b) To be eligible to receive any form of home ownership assistance, each person whose name appears on the title for the home or, in the case of cooperatives, the share certificate, must be eligible to receive a public benefit.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641 and 1642.
s 6937.4. Time at Which Eligibility Will Be Determined.
(a) Rental Assistance or Assisted Units
(1) Initial eligibility of an applicant under a program which provides rental assistance or an applicant for an assisted unit in a rental housing development shall be determined as part of the initial determination of the applicant's overall eligibility for the individual program. If an applicant fails to establish eligibility pursuant to subsection (b) of section 6939.2, the rental assistance or access to an assisted unit shall be denied.
(2) Continuing eligibility of an existing household in a rental housing development shall be determined at the time of the household's next eligibility re-certification pursuant to the requirements of the regulatory agreement. If an existing household fails to demonstrate eligibility pursuant to this subchapter, the household shall be given a written notice that the tenant's assistance will be withdrawn 30 days thereafter, either by increasing the unit's rent to a non-assisted rent level (subject to any applicable rent restrictions imposed by existing regulatory agreements by and between the project sponsor and any other governmental entity), or in the case of a direct rental subsidy, by terminating that subsidy. If the household occupies an assisted unit, the notice shall also inform the household that the tenancy will be terminated in 6 months unless, within that period, a vacant non-assisted unit is re-designated as a replacement assisted unit. In that case, the household may be permitted to remain in the formerly-assisted unit at a non-assisted rent.
(3) Eligibility of a household in a rental housing development need only be verified once during the time the household resides in that development.
(b) Home Owner Assistance
(1) Initial eligibility of an applicant for homeowner assistance shall be determined during loan origination and must be completed prior to the closing of the loan or grant. If an owner fails to establish eligibility pursuant to this subchapter, the assistance shall be denied.
(2) For all homeowners or shareholders in cooperatives who have received a loan or grant prior to the effective date of these regulations, and for owners or shareholders who have received an initial determination of eligibility under subsection (1), continuing eligibility shall be established prior to the Department's approval of any change concerning the loan or grant, or the underlying property which, pursuant to program regulations or the loan or grant documents, requires the Department's prior approval (e.g., loan extension, assumption, assignment, or subordination, or transfer, or encumbrance of the property). If the homeowner or shareholder fails to establish eligibility, the Department shall withhold its approval of the change. Under no circumstances may the assistance provided to a homeowner be transferred to an unqualified alien, nor may an unqualified alien be added to the title in a manner which would allow that unqualified alien to be a beneficiary of the program.
(c) All determinations of ineligibility shall be in writing, and shall include the reasons for the determination and a summary of the applicable appeal procedures set forth in section 6939.6.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641 and 1642.
s 6939. Who Must Perform Verifications.
(a) Each sponsor shall perform eligibility verifications as required by this subchapter. (Section 432 of the PRAWORA, as amended by Pub. L. 104-208 (8 U.S.C. s 1642(d)), does not require nonprofit charitable organizations to verify eligibility.) The failure to perform eligibility verifications may, in the Department's discretion, be considered a default under the loan or grant to the sponsor. In those situations in which an applicant for a public benefit is seeking a public benefit directly from the Department, the Department shall perform the verification of eligibility.
(b) Each sponsor, including local governmental entities, shall perform the tenant verifications required pursuant to this section as part of its ongoing project management responsibilities. Each such project sponsor, or the department where it has performed the verification of eligibility, shall maintain the appropriate documentation as part of each public beneficiary's program file. In the case of governmental sponsors, where an applicant's eligibility for a public benefit has already been verified as part of an eligibility process for another federal, state, or local program subject to PRAWORA, that verification shall be deemed adequate for purposes of this subchapter and documentation of the verification shall be maintained in the public beneficiary's file.
(c) Any sponsor that verifies eligibility may consider the costs involved in performing the verifications to be a project expense; and may charge applicants, but not existing tenants, a reasonable fee for determining eligibility.
(d) The Department shall charge a fee not to exceed $13, for each verification it performs.
(e) The Department shall not be liable for any action, delay, or failure of the INS in conducting the Systematic Alien Verification for Entitlements (SAVE) system or other verification process.
Note: Authority cited: Sections 50402, 50406, 50406(f), (h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1625, 1641 and 1642.
s 6939.2. Method for Determining Eligibility.
(a) For any project receiving funds and funds from any of the programs listed in section 6935.2, and which project is also subject to federal eligibility verification procedures (such as the Section 214 requirements for Public Housing and Section 8), verification of eligibility shall be determined using federal procedures or the procedures promulgated by the federal funding source to implement the requirements of PRAWORA, if such federal procedures are in effect. In the event there are no applicable federal regulations in effect, the procedures specified in this subchapter shall apply to joint state-federally-funded projects until such time as federal regulations become effective. Notwithstanding anything to the contrary in this subsection, unless the federal regulations have preempted the field of verification for federally-funded projects or programs, or unless federal regulations mandate a shorter period, the 6-month waiting period prior to termination of a tenancy set forth in section 6937.4(a)(2) shall apply to projects funded under any program listed in section 6935.2.
(b) For purposes of establishing eligibility for the programs listed in section 6935.2 and which are not subject to federal PRAWORA eligibility verification procedures, all of the following procedures shall be followed:
(1) To be considered for eligibility, the applicant shall declare his or her citizenship, alienage, and/or immigration status as a United States citizen or national, a qualified alien, a nonimmigrant alien, or a parolee to the United States by completing and signing the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits", Form HCD-Benefit Status Form 1, (2/98) version which is hereby incorporated into these regulations by reference. This form is provided by the department.
(2) With the exception of the eligibility determination of an applicant for occupancy in an assisted rental unit who is a United States citizen or national, the applicant must present documents of a type acceptable to the INS, as set forth in List A of HCD Benefit Status Form 1 (2/98) in the case of an applicant who is a citizen or national, or List B of HCD Form 1 in the case of an applicant who is an alien, which serve as reasonable evidence of the applicant's declared status at the time of application. A fee receipt from the INS for replacement of a lost, stolen, or unreadable INS document is reasonable evidence of the applicant's declared status. At the time of application, an applicant for occupancy in an assisted rental unit who is a United States citizen or national shall not be required to provide any additional supporting documentation of his or her declared status beyond a completed and executed HCD Benefit Status Form 1 (2/98). However, if such an applicant becomes a tenant, he/she shall be required to provide the supporting documentation described in List A of HCD Benefit Form 1 (2/98) upon his/her first eligibility re-certification pursuant to the requirements of the regulatory agreement.
(3) If the documents presented do not on their face appear to be genuine or to relate to the individual presenting them, the sponsor shall contact the government entity that originally issued the documents for verification. In the case of naturalized citizens, derivative citizens presenting certificates of citizenship, and aliens, the INS is the appropriate government entity to contact for verification. The sponsor shall request verification from the INS by filing INS Form G-845 or its successor, with copies of the pertinent documents provided by the applicant, with the local INS office. If an applicant has lost his or her original documents or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant shall be referred to the local INS office to obtain documentation.
(i) Once an applicant for occupancy in a rental unit has provided the sponsor all information required by subsection (b) to establish the applicant's eligibility, the applicant shall be eligible for public benefits until and unless the sponsor or Department receives written confirmation from the INS that the applicant does not have a legal status which would make him or her eligible for a public benefit. Where an applicant has been provided rental assistance or occupancy in an assisted rental unit pending review by the applicable governmental entity, and it is later determined that he or she was ineligible to receive that public benefit, the benefit shall be terminated in accordance with the provisions of subsection 6937.4(a)(2).
(ii) Applicants seeking approvals related to homeownership loans or cooperative shares subject to subsection 6837.4(b), whose documents do not on their face appear to be genuine or to relate to the individual presenting them shall be denied the public benefit until the sponsor or Department receives confirmation of the applicant's eligibility from the issuing governmental entity.
(4) At the time of a continuing eligibility determination made pursuant to section 6937.4, subsection (a)(2) or (b)(2), the tenant, owner, or shareholder shall complete and execute a Form 1, and present documents specified in list A or B of HCD Benefit Status Form 1 (2/98) which serve as reasonable evidence of the tenant's, owner's, or shareholder's declared status.
(5) If the INS advises that the applicant has citizen status or has immigration status which makes him or her a qualified alien, a nonimmigrant or alien paroled for less than one year under section 212(d)(5) of the INA, the INS verification shall be accepted.
(6) If the INS advises that it cannot verify that the applicant is a citizen, a national, or a qualified alien, benefits shall be denied, or discontinued, as applicable, and the applicant notified of the denial or discontinuance and of his or her right to appeal the denial pursuant to Section 6939.6.
(c) Pursuant to Section 434 of the PRAWORA (8 U.S.C. s 1644), any of the following information submitted by an applicant as reasonable evidence of the applicant's declared status under subsection (b) shall be submitted to the INS for verification:
(1) The document presented indicates immigration status but does not include an alien registration or alien admission number.
(2) The document is suspected to be counterfeit or to have been altered.
(3) The document includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(4) The document is one of the following: an INS Form 1-181b notification letter issued in connection with an INS Form 1-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form 1-94) or a foreign passport stamped "PROCESSED FOR 1-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for public benefits.
(d) Pursuant to Section 434 of the PRAWORA (8 U.S.C. s 1644), where the Department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641, 1642 and 1644; (62 Fed.Reg. 61345 et. seq. (Nov. 17, 1997).)
s 6939.4. Appeal Procedures.
(a) Any person determined to be ineligible to receive benefits may appeal such determination as provided by this section.
(b) To be considered, an appeal: (1) must be submitted in writing to the entity (department, sponsor, or local government) that performed the eligibility verification; (2) must be either hand delivered or postmarked within 10 calendar days from the date of the written determination of ineligibility; and (3) must state the reason(s) the person believes the determination was in error.
(c) In the case of a sponsor that has an appeal or grievance procedure that has been approved by the department as part of the sponsor's management plan, the sponsor may use that procedure to process eligibility appeals, or it may use the procedure set forth in subsection (d) of this section.
(d) The Department and sponsors that do not have a department-approved appeal or grievance procedure shall follow the grievance procedures as follows:
(1) Upon receipt of an appeal, the verifying entity shall conduct an administrative review of the decision being appealed, including all documentary information submitted by the appellant in support of his or her appeal. Within 15 calendar days of receipt of an appeal, the administrative review shall be completed and the appellant notified in writing either that the appellant has been found eligible to receive benefits, or that the appellant has been found ineligible to receive benefits and the date, time and location at which an informal hearing will take place. The informal hearing may be by telephone or in person, in which case the hearing will be held in the general geographic area where the benefit would have been conferred.
(2) In the case of the Department, the manager of the affected program shall appoint a person other than the person who performed the initial verification to serve as an Informal Review Officer.
(3) In the case of a sponsor, the sponsor shall designate an employee of the sponsor other than the employee who performed the initial verification to serve as an Informal Review Officer. The program providing the benefit applied for may but is not required to be represented at the informal hearing.
(4) The Informal Review Officer may determine the relevance of the information or testimony, may limit the length of presentations, and may eject threatening or abusive persons from the informal hearing. The Informal Review Officer may request additional evidence, proof, or documentation from the appellant at the time of the informal hearing, or thereafter, and shall set a time after which no additional information will be accepted.
(5) The authority of the Informal Review Officer shall be limited to determinations of eligibility pursuant to this subchapter and he or she shall have no authority to overrule any decision or conclusion of the INS. Pending the Informal Review Officer's decision, any discretionary action in regards to eligibility for public benefits shall be stayed. If, during the appeal process, the appellant is found to be ineligible to receive benefits under the program applied under for reasons other than those set forth in this subchapter, the appeal shall be dismissed.
(6) The Informal Review Officer shall render a decision in writing within 15 calendar working days after the informal hearing and this will be a final administrative decision.
(7) The informal hearing shall be recorded, but only transcribed where the verifying entity deems it necessary. Tapes shall be maintained for one year after a decision is reached.
Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. ss 1621, 1622, 1641 and 1642.
s 6940. Authority.
The guidelines adopted herein implement the requirements of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Section 21000 et seq., and the State EIR Guidelines issued by the Resources Agency, Title 14 of the California Administrative Code, Division 6, Chapter 3.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21082, Public Resources Code.
s 6941. Purpose.
The basic purpose of these guidelines is to carry out the intent of the Legislature that the Department, in regulating activities of private individuals, corporations, and public agencies, shall give major consideration to preventing environmental damage, while providing a decent house and a satisfying living environment for every Californian.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21082, Public Resources Code.
s 6942. Application.
These Guidelines apply to activities undertaken directly by the department, activities financed by the department, and private activities which require departmental approval.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14,CAC, Section 15050; and Section 21080, Public Resources Code. (continued)