33410. A redevelopment agency may, in order to facilitate the
rehousing of families and single persons who are displaced from their
homes in a project area, utilize the aids made available through
federal urban renewal, redevelopment and housing legislation and may
use funds derived from any public or private source to carry out the
purposes of this section.
33411. The agency shall prepare a feasible method or plan for
relocation of all of the following:
(a) Families and persons to be temporarily or permanently
displaced from housing facilities in the project area.
(b) Nonprofit local community institutions to be temporarily or
permanently displaced from facilities actually used for institutional
purposes in the project area.
33411.1. The legislative body shall insure that such method or plan
of the agency for the relocation of families or single persons to be
displaced by a project shall provide that no persons or families of
low and moderate income shall be displaced unless and until there is
a suitable housing unit available and ready for occupancy by such
displaced person or family at rents comparable to those at the time
of their displacement. Such housing units shall be suitable to the
needs of such displaced persons or families and must be decent, safe,
sanitary, and otherwise standard dwelling. The agency shall not
displace such person or family until such housing units are available
and ready for occupancy.
33411.2. As used in this article:
(a) "Affordable housing cost" has the same meaning as specified in
Section 50052.5.
(b) "Persons and families of low or moderate income" has the same
meaning as specified in Section 50093.
(c) "Replacement dwelling unit" means a dwelling unit developed or
constructed pursuant to Section 33413 in replacement of a dwelling
unit destroyed or removed from the low- and moderate-income housing
market by an agency and which is decent, safe, and sanitary and
contains at least the same number of bedrooms and other living areas
as the dwelling unit destroyed or removed by the agency.
(d) "Very low income households" has the same meaning as specified
in Section 50105.
33411.3. Whenever all or any portion of a redevelopment project is
developed with low- or moderate-income housing units and whenever any
low- or moderate-income housing units are developed with any agency
assistance or pursuant to Section 33413, the agency shall require by
contract or other appropriate means that the housing be made
available for rent or purchase to the persons and families of low or
moderate income displaced by the redevelopment project. Those persons
and families shall be given priority in renting or buying that
housing. However, failure to give that priority shall not affect the
validity of title to real property. The agency shall keep a list of
persons and families of low and moderate income displaced by the
redevelopment project who are to be given priority, and may establish
reasonable rules for determining the order or priority on the list.
33411.4. If insufficient suitable housing units are available in
the community for low- and moderate-income persons and families to be
displaced from a redevelopment project area, the legislative body
shall assure that sufficient land be made available for suitable
housing for rental or purchase by low- and moderate-income persons
and families. If insufficient suitable housing units are available in
the community for use by such persons and families of low and
moderate income displaced by the redevelopment project, the
redevelopment agency may, to the extent of that deficiency, direct or
cause the development, rehabilitation or construction of housing
units within the community, both inside and outside of redevelopment
project areas.
33412. Permanent housing facilities shall be made available within
three years from the time occupants are displaced and that pending
the development of such facilities there will be available to such
displaced occupants adequate temporary housing facilities at rents
comparable to those in the community at the time of their
displacement.
33413. (a) Whenever dwelling units housing persons and families of
low or moderate income are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the agency or where
financial assistance has been provided by the agency, the agency
shall, within four years of the destruction or removal, rehabilitate,
develop, or construct, or cause to be rehabilitated, developed, or
constructed, for rental or sale to persons and families of low or
moderate income, an equal number of replacement dwelling units that
have an equal or greater number of bedrooms as those destroyed or
removed units at affordable housing costs within the territorial
jurisdiction of the agency. When dwelling units are destroyed or
removed after September 1, 1989, 75 percent of the replacement
dwelling units shall replace dwelling units available at affordable
housing cost in the same or a lower income level of very low income
households, lower income households, and persons and families of low
and moderate income, as the persons displaced from those destroyed or
removed units. When dwelling units are destroyed or removed on or
after January 1, 2002, 100 percent of the replacement dwelling units
shall be available at affordable housing cost to persons in the same
or a lower income category (low, very low, or moderate), as the
persons displaced from those destroyed or removed units.
(b) (1) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 30 percent of all new and substantially
rehabilitated dwelling units developed by an agency shall be
available at affordable housing cost to, and occupied by, persons and
families of low or moderate income. Not less than 50 percent of the
dwelling units required to be available at affordable housing cost
to, and occupied by, persons and families of low or moderate income
shall be available at affordable housing cost to, and occupied by,
very low income households.
(2) (A) (i) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 15 percent of all new and substantially
rehabilitated dwelling units developed within a project area under
the jurisdiction of an agency by public or private entities or
persons other than the agency shall be available at affordable
housing cost to, and occupied by, persons and families of low or
moderate income. Not less than 40 percent of the dwelling units
required to be available at affordable housing cost to, and occupied
by, persons and families of low or moderate income shall be available
at affordable housing cost to, and occupied by, very low income
households.
(ii) To satisfy this paragraph, in whole or in part, the agency
may cause, by regulation or agreement, to be available, at affordable
housing cost, to, and occupied by, persons and families of low or
moderate income or to very low income households, as applicable, two
units outside a project area for each unit that otherwise would have
been required to be available inside a project area.
(iii) On or after January 1, 2002, as used in this paragraph and
in paragraph (1), "substantially rehabilitated dwelling units" means
all units substantially rehabilitated, with agency assistance. Prior
to January 1, 2002, "substantially rehabilitated dwelling units"
shall mean substantially rehabilitated multifamily rented dwelling
units with three or more units regardless of whether there is agency
assistance, or substantially rehabilitated, with agency assistance,
single-family dwelling units with one or two units.
(iv) As used in this paragraph and in paragraph (1), "substantial
rehabilitation" means rehabilitation, the value of which constitutes
25 percent of the after rehabilitation value of the dwelling,
inclusive of the land value.
(v) To satisfy this paragraph, the agency may aggregate new or
substantially rehabilitated dwelling units in one or more project
areas, if the agency finds, based on substantial evidence, after a
public hearing, that the aggregation will not cause or exacerbate
racial, ethnic, or economic segregation.
(B) To satisfy the requirements of paragraph (1) and subparagraph
(A), the agency may purchase, or otherwise acquire or cause by
regulation or agreement the purchase or other acquisition of,
long-term affordability covenants on multifamily units that restrict
the cost of renting or purchasing those units that either: (i) are
not presently available at affordable housing cost to persons and
families of low or very low income households, as applicable; or (ii)
are units that are presently available at affordable housing cost to
this same group of persons or families, but are units that the
agency finds, based upon substantial evidence, after a public
hearing, cannot reasonably be expected to remain affordable to this
same group of persons or families.
(C) To satisfy the requirements of paragraph (1) and subparagraph
(A), the long-term affordability covenants purchased or otherwise
acquired pursuant to subparagraph (B) shall be required to be
maintained on dwelling units at affordable housing cost to, and
occupied by, persons and families of low or very low income, for the
longest feasible time but not less than 55 years for rental units and
45 years for owner-occupied units. Not more than 50 percent of the
units made available pursuant to paragraph (1) and subparagraph (A)
may be assisted through the purchase or acquisition of long-term
affordability covenants pursuant to subparagraph (B). Not less than
50 percent of the units made available through the purchase or
acquisition of long-term affordability covenants pursuant to
subparagraph (B) shall be available at affordable housing cost to,
and occupied by, very low income households.
(D) To satisfy the requirements of paragraph (1) and subparagraph
(A), each mutual self-help housing unit, as defined in subparagraph
(C) of paragraph (1) of subdivision (f) of Section 33334.3, that is
subject to a 15-year deed restriction shall count as one-third of a
unit.
(3) The requirements of this subdivision shall apply independently
of the requirements of subdivision (a). The requirements of this
subdivision shall apply, in the aggregate, to housing made available
pursuant to paragraphs (1) and (2), respectively, and not to each
individual case of rehabilitation, development, or construction of
dwelling units, unless an agency determines otherwise.
(4) Each redevelopment agency, as part of the implementation plan
required by Section 33490, shall adopt a plan to comply with the
requirements of this subdivision for each project area. The plan
shall be consistent with, and may be included within, the community's
housing element. The plan shall be reviewed and, if necessary,
amended at least every five years in conjunction with either the
housing element cycle or the plan implementation cycle. The plan
shall ensure that the requirements of this subdivision are met every
10 years. If the requirements of this subdivision are not met by the
end of each 10-year period, the agency shall meet these goals on an
annual basis until the requirements for the 10-year period are met.
If the agency has exceeded the requirements within the 10-year
period, the agency may count the units that exceed the requirement in
order to meet the requirements during the next 10-year period. The
plan shall contain the contents required by paragraphs (2), (3), and
(4) of subdivision (a) of Section 33490.
(c) (1) The agency shall require that the aggregate number of
replacement dwelling units and other dwelling units rehabilitated,
developed, constructed, or price restricted pursuant to subdivision
(a) or (b) remain available at affordable housing cost to, and
occupied by, persons and families of low-income, moderate-income, and
very low income households, respectively, for the longest feasible
time, but for not less than 55 years for rental units, 45 years for
home ownership units, and 15 years for mutual self-help housing
units, as defined in subparagraph (C) of paragraph (1) of subdivision
(f) of Section 33334.3, except as set forth in paragraph (2).
Nothing in this paragraph precludes the agency and the developer of
the mutual self-help housing units from agreeing to 45-year deed
restrictions.
(2) Notwithstanding paragraph (1), the agency may permit sales of
owner-occupied units prior to the expiration of the 45-year period,
and mutual self-help housing units prior to the expiration of the
15-year period, established by the agency for a price in excess of
that otherwise permitted under this subdivision pursuant to an
adopted program that protects the agency's investment of moneys from
the Low and Moderate Income Housing Fund, including, but not limited
to, an equity sharing program that establishes a schedule of equity
sharing that permits retention by the seller of a portion of those
excess proceeds, based on the length of occupancy. The remainder of
the excess proceeds of the sale shall be allocated to the agency, and
deposited into the Low and Moderate Income Housing Fund. The agency
shall, within three years from the date of sale pursuant to this
paragraph of each home ownership or mutual self-help housing unit
subject to a 45-year deed restriction, and every third mutual
self-help housing unit subject to a 15-year deed restriction, expend
funds to make affordable an equal number of units at the same or
lowest income level as the unit or units sold pursuant to this
paragraph, for a period not less than the duration of the original
deed restrictions. Only the units originally assisted by the agency
shall be counted towards the agency's obligations under Section
33413.
(3) The requirements of this section shall be made enforceable in
the same manner as provided in paragraph (7) of subdivision (f) of
Section 33334.3.
(4) If land on which the dwelling units required by this section
are located is deleted from the project area, the agency shall
continue to require that those units remain affordable as specified
in this subdivision.
(5) For each unit counted towards the requirements of subdivisions
(a) and (b), the agency shall require the recording in the office of
the county recorder of covenants or restrictions that ensure
compliance with this subdivision. With respect to covenants or
restrictions that are recorded on or after January 1, 2008, the
agency shall comply with the requirements of paragraphs (3) and (4)
of subdivision (f) of Section 33334.3.
(d) (1) This section applies only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1976, and to
areas that are added to a project area by amendment to a final
redevelopment plan adopted on or after January 1, 1976. In addition,
subdivision (a) shall apply to any other redevelopment project with
respect to dwelling units destroyed or removed from the low- and
moderate-income housing market on or after January 1, 1996,
irrespective of the date of adoption of a final redevelopment plan or
an amendment to a final redevelopment plan adding areas to a project
area. Additionally, any agency may, by resolution, elect to make all
or part of the requirements of this section applicable to any
redevelopment project of the agency for which the final redevelopment
plan was adopted prior to January 1, 1976. In addition, subdivision
(b) shall apply to redevelopment plans adopted prior to January 1,
1976, for which an amendment is adopted pursuant to Section 33333.10,
except that subdivision (b) shall apply to those redevelopment plans
prospectively only so that the requirements of subdivision (b) shall
apply only to new and substantially rehabilitated dwelling units for
which the building permits are issued on or after the date that the
ordinance adopting the amendment pursuant to Section 33333.10 becomes
effective.
(2) An agency may, by resolution, elect to require that whenever
dwelling units housing persons or families of low or moderate income
are destroyed or removed from the low- and moderate-income housing
market as part of a redevelopment project, the agency shall replace
each dwelling unit with up to three replacement dwelling units
pursuant to subdivision (a).
(e) Except as otherwise authorized by law, this section does not
authorize an agency to operate a rental housing development beyond
the period reasonably necessary to sell or lease the housing
development.
(f) Notwithstanding subdivision (a), the agency may replace
destroyed or removed dwelling units with a fewer number of
replacement dwelling units if the replacement dwelling units meet
both of the following criteria:
(1) The total number of bedrooms in the replacement dwelling units
equals or exceeds the number of bedrooms in the destroyed or removed
units. Destroyed or removed units having one or no bedroom are
deemed for this purpose to have one bedroom.
(2) The replacement units are affordable to and occupied by the
same income level of households as the destroyed or removed units.
(g) "Longest feasible time," as used in this section, includes,
but is not limited to, unlimited duration.
33413.1. (a) For only the Mt. Eden Sub-Area of the Eden
Redevelopment Project Area, the Redevelopment Agency of the County of
Alameda may count, towards satisfaction of the housing production
requirements of subdivision (b) of Section 33413, the construction of
units outside the project area but within the City of Hayward if all
of the following conditions are met:
(1) The units shall be available at affordable housing cost to,
and occupied by, persons and families of very low or low income.
(2) The units shall comply with subdivision (c) of Section 33413,
except that the requirements of that subdivision shall be deemed
satisfied if the recorded covenants or restrictions are enforceable
by the City of Hayward.
(3) The units shall be located on a parcel or parcels immediately
contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project
Area.
(4) The Redevelopment Agency of the City of Hayward shall provide
to the Redevelopment Agency of the County of Alameda written consent
to the measures taken pursuant to this section and shall not count
any units credited to the Redevelopment Agency of Alameda County
pursuant to this section towards its own production or replacement
requirements under Section 33413.
(b) The Redevelopment Agency of the County of Alameda shall cause
to be made available, at affordable housing cost to, and occupied by,
persons and families of very low, low-, or moderate-income
households, as applicable, two units outside the project area for
each unit that otherwise would have been required to be available
inside the project area as required by clause (ii) of subparagraph
(A) of paragraph (2) of subdivision (b) of Section 33413.
(c) This section does not apply to a housing unit for which
construction commences on or after January 1, 2012.
33413.5. Not less than 30 days prior to the execution of an
agreement for acquisition of real property, or the execution of an
agreement for the disposition and development of property, or the
execution of an owner participation agreement, which agreement would
lead to the destruction or removal of dwelling units from the low-
and moderate-income housing market, the agency shall adopt by
resolution a replacement housing plan. For a reasonable time prior to
adopting a replacement housing plan by resolution, the agency shall
make available a draft of the proposed replacement housing plan for
review and comment by the project area committee, other public
agencies, and the general public.
The replacement housing plan shall include (1) the general
location of housing to be rehabilitated, developed, or constructed
pursuant to Section 33413, (2) an adequate means of financing such
rehabilitation, development, or construction, (3) a finding that the
replacement housing does not require the approval of the voters
pursuant to Article XXXIV of the California Constitution, or that
such approval has been obtained, (4) the number of dwelling units
housing persons and families of low or moderate income planned for
construction or rehabilitation, and (5) the timetable for meeting the
plan's relocation, rehabilitation, and replacement housing
objectives. A dwelling unit whose replacement is required by Section
33413 but for which no replacement housing plan has been prepared,
shall not be destroyed or removed from the low- and moderate-income
housing market until the agency has by resolution adopted a
replacement housing plan.
Nothing in this section shall prevent an agency from destroying or
removing from the low- and moderate-income housing market a dwelling
unit which the agency owns and which is an immediate danger to
health and safety. The agency shall, as soon as practicable, adopt by
resolution a replacement housing plan with respect to such dwelling
unit.
33413.7. An agency causing the rehabilitation, development, or
construction of replacement dwelling units, other than single-family
residences, pursuant to Section 33413 or Section 33464, or pursuant
to a replacement housing plan as required by Section 33413.5, or
pursuant to provisions of a redevelopment plan required by Section
33334.5, primarily for persons of low income, as defined in Section
50093, shall give preference to those developments that are proposed
to be organized as limited-equity housing cooperatives, when so
requested by a project area committee established pursuant to Section
33385, provided the project is achievable in an efficient and timely
manner.
The limited-equity housing cooperatives shall, in addition to the
provisions of Section 817 of the Civil Code, be organized so that the
consideration paid for memberships or shares by the first occupants
following construction or acquisition by the corporation, including
the principal amount of obligations incurred to finance the share or
membership purchase, does not exceed 3 percent of the development
cost or acquisition cost, or of the fair market value appraisal by
the permanent lender, whichever is greater.
33414. An agency may operate a rehousing bureau to assist site
occupants in obtaining adequate temporary or permanent housing. It
may incur any necessary expenses for this purpose.
33415. An agency shall provide relocation assistance and shall make
all of the payments required by Chapter 16 (commencing with Section
7260) of Division 7 of Title 1 of the Government Code, including the
making of such payments financed by the federal government.
This section shall not be construed to limit any other authority
which an agency may have to make other relocation assistance
payments, or to make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of
the Government Code.
33416. In order to facilitate the rehousing of families and single
persons displaced by any governmental action, an agency, at the
request of the legislative body of the community, may dispose of the
real property acquired under the provisions of Section 33396, by sale
or long-term lease, for use as, or development of, housing for such
displaced persons.
33417. Plans prepared pursuant to Section 33411 shall be provided
to the Department of Housing and Community Development upon request
to be reviewed by the department.
33417.5. There is in each city, county, or city and county having
an agency a relocation appeals board composed of five members
appointed by the mayor of the city or by the chairman of the board of
supervisors of the county, subject to the approval of the
legislative body. Each board shall promptly hear all complaints
brought by residents of the various project areas relating to
relocation and shall determine if the redevelopment agency has
complied with the provisions of this chapter and, where applicable,
federal regulations. The board shall, after a public hearing,
transmit its findings and recommendations to the agency. The members
of the relocation appeals board shall serve without compensation, but
each of the members shall be reimbursed for his necessary expenses
incurred in performance of his duties, as determined by the
legislative body.
33418. (a) An agency shall monitor, on an ongoing basis, any
housing affordable to persons and families of low or moderate income
developed or otherwise made available pursuant to any provisions of
this part. As part of this monitoring, an agency shall require owners
or managers of the housing to submit an annual report to the agency.
The annual reports shall include for each rental unit the rental
rate and the income and family size of the occupants, and for each
owner-occupied unit whether there was a change in ownership from the
prior year and, if so, the income and family size of the new owners.
The income information required by this section shall be supplied by
the tenant in a certified statement on a form provided by the agency.
(b) The data specified in subdivision (a) shall be obtained by the
agency from owners and managers of the housing specified therein and
current data shall be included in any reports required by law to be
submitted to the Department of Housing and Community Development or
the Controller. The information on income and family size that is
required to be reported by the owner or manager shall be supplied by
the tenant and shall be the only information on income or family size
that the owner or manager shall be required to submit on his or her
annual report to the agency.
(c) (1) The agency shall compile and maintain a database of
existing, new and substantially rehabilitated, housing units
developed or otherwise assisted with moneys from the Low and Moderate
Income Housing Fund, or otherwise counted towards the requirements
of subdivision (a) or (b) of Section 33413. The database shall be
made available to the public on the Internet and updated on an annual
basis and shall include the date the database was last updated. The
database shall require all of the following information for each
owner-occupied unit or rental unit, or for each group of units, if
more than one unit is subject to the same covenant:
(A) The street address and assessor's parcel number of the
property.
(B) The size of each unit, measured by the number of bedrooms.
(C) The year in which the construction or substantial
rehabilitation of the unit was completed.
(D) The date of recordation and document number of the
affordability covenants or restrictions required under subdivision
(f) of Section 33334.3.
(E) The date on which the covenants or restrictions expire.
(F) For owner-occupied units that have changed ownership during
the reporting year, as described in subdivision (a), the date and
document number of the new affordability covenants or other documents
recorded to assure that the affordability restriction is enforceable
and continues to run with the land.
(G) Whether occupancy in the unit or units is restricted to any
special population, including senior citizens.
(2) Notwithstanding subparagraphs (A) and (D) of paragraph (1),
the database shall omit any property used to confidentially house
victims of domestic violence.
(3) Upon establishment of a database under this section, the
agency shall provide reasonable notice to the community regarding the
existence of the database.
(d) The agency shall adequately fund its monitoring activities as
needed to insure compliance of applicable laws and agreements in
relation to affordable units. For purposes of defraying the cost of
complying with the requirements of this section and the changes in
reporting requirements of Section 33080.4 enacted by the act enacting
this section, an agency may establish and impose fees upon owners of
properties monitored pursuant to this section.
33410. A redevelopment agency may, in order to facilitate the
rehousing of families and single persons who are displaced from their
homes in a project area, utilize the aids made available through
federal urban renewal, redevelopment and housing legislation and may
use funds derived from any public or private source to carry out the
purposes of this section.
33411. The agency shall prepare a feasible method or plan for
relocation of all of the following:
(a) Families and persons to be temporarily or permanently
displaced from housing facilities in the project area.
(b) Nonprofit local community institutions to be temporarily or
permanently displaced from facilities actually used for institutional
purposes in the project area.
33411.1. The legislative body shall insure that such method or plan
of the agency for the relocation of families or single persons to be
displaced by a project shall provide that no persons or families of
low and moderate income shall be displaced unless and until there is
a suitable housing unit available and ready for occupancy by such
displaced person or family at rents comparable to those at the time
of their displacement. Such housing units shall be suitable to the
needs of such displaced persons or families and must be decent, safe,
sanitary, and otherwise standard dwelling. The agency shall not
displace such person or family until such housing units are available
and ready for occupancy.
33411.2. As used in this article:
(a) "Affordable housing cost" has the same meaning as specified in
Section 50052.5.
(b) "Persons and families of low or moderate income" has the same
meaning as specified in Section 50093.
(c) "Replacement dwelling unit" means a dwelling unit developed or
constructed pursuant to Section 33413 in replacement of a dwelling
unit destroyed or removed from the low- and moderate-income housing
market by an agency and which is decent, safe, and sanitary and
contains at least the same number of bedrooms and other living areas
as the dwelling unit destroyed or removed by the agency.
(d) "Very low income households" has the same meaning as specified
in Section 50105.
33411.3. Whenever all or any portion of a redevelopment project is
developed with low- or moderate-income housing units and whenever any
low- or moderate-income housing units are developed with any agency
assistance or pursuant to Section 33413, the agency shall require by
contract or other appropriate means that the housing be made
available for rent or purchase to the persons and families of low or
moderate income displaced by the redevelopment project. Those persons
and families shall be given priority in renting or buying that
housing. However, failure to give that priority shall not affect the
validity of title to real property. The agency shall keep a list of
persons and families of low and moderate income displaced by the
redevelopment project who are to be given priority, and may establish
reasonable rules for determining the order or priority on the list.
33411.4. If insufficient suitable housing units are available in
the community for low- and moderate-income persons and families to be
displaced from a redevelopment project area, the legislative body
shall assure that sufficient land be made available for suitable
housing for rental or purchase by low- and moderate-income persons
and families. If insufficient suitable housing units are available in
the community for use by such persons and families of low and
moderate income displaced by the redevelopment project, the
redevelopment agency may, to the extent of that deficiency, direct or
cause the development, rehabilitation or construction of housing
units within the community, both inside and outside of redevelopment
project areas.
33412. Permanent housing facilities shall be made available within
three years from the time occupants are displaced and that pending
the development of such facilities there will be available to such
displaced occupants adequate temporary housing facilities at rents
comparable to those in the community at the time of their
displacement.
33413. (a) Whenever dwelling units housing persons and families of
low or moderate income are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the agency or where
financial assistance has been provided by the agency, the agency
shall, within four years of the destruction or removal, rehabilitate,
develop, or construct, or cause to be rehabilitated, developed, or
constructed, for rental or sale to persons and families of low or
moderate income, an equal number of replacement dwelling units that
have an equal or greater number of bedrooms as those destroyed or
removed units at affordable housing costs within the territorial
jurisdiction of the agency. When dwelling units are destroyed or
removed after September 1, 1989, 75 percent of the replacement
dwelling units shall replace dwelling units available at affordable
housing cost in the same or a lower income level of very low income
households, lower income households, and persons and families of low
and moderate income, as the persons displaced from those destroyed or
removed units. When dwelling units are destroyed or removed on or
after January 1, 2002, 100 percent of the replacement dwelling units
shall be available at affordable housing cost to persons in the same
or a lower income category (low, very low, or moderate), as the
persons displaced from those destroyed or removed units.
(b) (1) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 30 percent of all new and substantially
rehabilitated dwelling units developed by an agency shall be
available at affordable housing cost to, and occupied by, persons and
families of low or moderate income. Not less than 50 percent of the
dwelling units required to be available at affordable housing cost
to, and occupied by, persons and families of low or moderate income
shall be available at affordable housing cost to, and occupied by,
very low income households.
(2) (A) (i) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 15 percent of all new and substantially
rehabilitated dwelling units developed within a project area under
the jurisdiction of an agency by public or private entities or
persons other than the agency shall be available at affordable
housing cost to, and occupied by, persons and families of low or
moderate income. Not less than 40 percent of the dwelling units
required to be available at affordable housing cost to, and occupied
by, persons and families of low or moderate income shall be available
at affordable housing cost to, and occupied by, very low income
households.
(ii) To satisfy this paragraph, in whole or in part, the agency
may cause, by regulation or agreement, to be available, at affordable
housing cost, to, and occupied by, persons and families of low or
moderate income or to very low income households, as applicable, two
units outside a project area for each unit that otherwise would have
been required to be available inside a project area.
(iii) On or after January 1, 2002, as used in this paragraph and
in paragraph (1), "substantially rehabilitated dwelling units" means
all units substantially rehabilitated, with agency assistance. Prior
to January 1, 2002, "substantially rehabilitated dwelling units"
shall mean substantially rehabilitated multifamily rented dwelling
units with three or more units regardless of whether there is agency
assistance, or substantially rehabilitated, with agency assistance,
single-family dwelling units with one or two units.
(iv) As used in this paragraph and in paragraph (1), "substantial
rehabilitation" means rehabilitation, the value of which constitutes
25 percent of the after rehabilitation value of the dwelling,
inclusive of the land value.
(v) To satisfy this paragraph, the agency may aggregate new or
substantially rehabilitated dwelling units in one or more project
areas, if the agency finds, based on substantial evidence, after a
public hearing, that the aggregation will not cause or exacerbate
racial, ethnic, or economic segregation.
(B) To satisfy the requirements of paragraph (1) and subparagraph
(A), the agency may purchase, or otherwise acquire or cause by
regulation or agreement the purchase or other acquisition of,
long-term affordability covenants on multifamily units that restrict
the cost of renting or purchasing those units that either: (i) are
not presently available at affordable housing cost to persons and
families of low or very low income households, as applicable; or (ii)
are units that are presently available at affordable housing cost to
this same group of persons or families, but are units that the
agency finds, based upon substantial evidence, after a public
hearing, cannot reasonably be expected to remain affordable to this
same group of persons or families.
(C) To satisfy the requirements of paragraph (1) and subparagraph
(A), the long-term affordability covenants purchased or otherwise
acquired pursuant to subparagraph (B) shall be required to be
maintained on dwelling units at affordable housing cost to, and
occupied by, persons and families of low or very low income, for the
longest feasible time but not less than 55 years for rental units and
45 years for owner-occupied units. Not more than 50 percent of the
units made available pursuant to paragraph (1) and subparagraph (A)
may be assisted through the purchase or acquisition of long-term
affordability covenants pursuant to subparagraph (B). Not less than
50 percent of the units made available through the purchase or
acquisition of long-term affordability covenants pursuant to
subparagraph (B) shall be available at affordable housing cost to,
and occupied by, very low income households.
(D) To satisfy the requirements of paragraph (1) and subparagraph
(A), each mutual self-help housing unit, as defined in subparagraph
(C) of paragraph (1) of subdivision (f) of Section 33334.3, that is
subject to a 15-year deed restriction shall count as one-third of a
unit.
(3) The requirements of this subdivision shall apply independently
of the requirements of subdivision (a). The requirements of this
subdivision shall apply, in the aggregate, to housing made available
pursuant to paragraphs (1) and (2), respectively, and not to each
individual case of rehabilitation, development, or construction of
dwelling units, unless an agency determines otherwise.
(4) Each redevelopment agency, as part of the implementation plan
required by Section 33490, shall adopt a plan to comply with the
requirements of this subdivision for each project area. The plan
shall be consistent with, and may be included within, the community's
housing element. The plan shall be reviewed and, if necessary,
amended at least every five years in conjunction with either the
housing element cycle or the plan implementation cycle. The plan
shall ensure that the requirements of this subdivision are met every
10 years. If the requirements of this subdivision are not met by the
end of each 10-year period, the agency shall meet these goals on an
annual basis until the requirements for the 10-year period are met.
If the agency has exceeded the requirements within the 10-year
period, the agency may count the units that exceed the requirement in
order to meet the requirements during the next 10-year period. The
plan shall contain the contents required by paragraphs (2), (3), and
(4) of subdivision (a) of Section 33490.
(c) (1) The agency shall require that the aggregate number of
replacement dwelling units and other dwelling units rehabilitated,
developed, constructed, or price restricted pursuant to subdivision
(a) or (b) remain available at affordable housing cost to, and
occupied by, persons and families of low-income, moderate-income, and
very low income households, respectively, for the longest feasible
time, but for not less than 55 years for rental units, 45 years for
home ownership units, and 15 years for mutual self-help housing
units, as defined in subparagraph (C) of paragraph (1) of subdivision
(f) of Section 33334.3, except as set forth in paragraph (2).
Nothing in this paragraph precludes the agency and the developer of
the mutual self-help housing units from agreeing to 45-year deed
restrictions.
(2) Notwithstanding paragraph (1), the agency may permit sales of
owner-occupied units prior to the expiration of the 45-year period,
and mutual self-help housing units prior to the expiration of the
15-year period, established by the agency for a price in excess of
that otherwise permitted under this subdivision pursuant to an
adopted program that protects the agency's investment of moneys from
the Low and Moderate Income Housing Fund, including, but not limited
to, an equity sharing program that establishes a schedule of equity
sharing that permits retention by the seller of a portion of those
excess proceeds, based on the length of occupancy. The remainder of
the excess proceeds of the sale shall be allocated to the agency, and
deposited into the Low and Moderate Income Housing Fund. The agency
shall, within three years from the date of sale pursuant to this
paragraph of each home ownership or mutual self-help housing unit
subject to a 45-year deed restriction, and every third mutual
self-help housing unit subject to a 15-year deed restriction, expend
funds to make affordable an equal number of units at the same or
lowest income level as the unit or units sold pursuant to this
paragraph, for a period not less than the duration of the original
deed restrictions. Only the units originally assisted by the agency
shall be counted towards the agency's obligations under Section
33413.
(3) The requirements of this section shall be made enforceable in
the same manner as provided in paragraph (7) of subdivision (f) of
Section 33334.3.
(4) If land on which the dwelling units required by this section
are located is deleted from the project area, the agency shall
continue to require that those units remain affordable as specified
in this subdivision.
(5) For each unit counted towards the requirements of subdivisions
(a) and (b), the agency shall require the recording in the office of
the county recorder of covenants or restrictions that ensure
compliance with this subdivision. With respect to covenants or
restrictions that are recorded on or after January 1, 2008, the
agency shall comply with the requirements of paragraphs (3) and (4)
of subdivision (f) of Section 33334.3.
(d) (1) This section applies only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1976, and to
areas that are added to a project area by amendment to a final
redevelopment plan adopted on or after January 1, 1976. In addition,
subdivision (a) shall apply to any other redevelopment project with
respect to dwelling units destroyed or removed from the low- and
moderate-income housing market on or after January 1, 1996,
irrespective of the date of adoption of a final redevelopment plan or
an amendment to a final redevelopment plan adding areas to a project
area. Additionally, any agency may, by resolution, elect to make all
or part of the requirements of this section applicable to any
redevelopment project of the agency for which the final redevelopment
plan was adopted prior to January 1, 1976. In addition, subdivision
(b) shall apply to redevelopment plans adopted prior to January 1,
1976, for which an amendment is adopted pursuant to Section 33333.10,
except that subdivision (b) shall apply to those redevelopment plans
prospectively only so that the requirements of subdivision (b) shall
apply only to new and substantially rehabilitated dwelling units for
which the building permits are issued on or after the date that the
ordinance adopting the amendment pursuant to Section 33333.10 becomes
effective.
(2) An agency may, by resolution, elect to require that whenever
dwelling units housing persons or families of low or moderate income
are destroyed or removed from the low- and moderate-income housing
market as part of a redevelopment project, the agency shall replace
each dwelling unit with up to three replacement dwelling units
pursuant to subdivision (a).
(e) Except as otherwise authorized by law, this section does not
authorize an agency to operate a rental housing development beyond
the period reasonably necessary to sell or lease the housing
development.
(f) Notwithstanding subdivision (a), the agency may replace
destroyed or removed dwelling units with a fewer number of
replacement dwelling units if the replacement dwelling units meet
both of the following criteria:
(1) The total number of bedrooms in the replacement dwelling units
equals or exceeds the number of bedrooms in the destroyed or removed
units. Destroyed or removed units having one or no bedroom are
deemed for this purpose to have one bedroom.
(2) The replacement units are affordable to and occupied by the
same income level of households as the destroyed or removed units.
(g) "Longest feasible time," as used in this section, includes,
but is not limited to, unlimited duration.
33413.1. (a) For only the Mt. Eden Sub-Area of the Eden
Redevelopment Project Area, the Redevelopment Agency of the County of
Alameda may count, towards satisfaction of the housing production
requirements of subdivision (b) of Section 33413, the construction of
units outside the project area but within the City of Hayward if all
of the following conditions are met:
(1) The units shall be available at affordable housing cost to,
and occupied by, persons and families of very low or low income.
(2) The units shall comply with subdivision (c) of Section 33413,
except that the requirements of that subdivision shall be deemed
satisfied if the recorded covenants or restrictions are enforceable
by the City of Hayward.
(3) The units shall be located on a parcel or parcels immediately
contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project
Area.
(4) The Redevelopment Agency of the City of Hayward shall provide
to the Redevelopment Agency of the County of Alameda written consent
to the measures taken pursuant to this section and shall not count
any units credited to the Redevelopment Agency of Alameda County
pursuant to this section towards its own production or replacement
requirements under Section 33413.
(b) The Redevelopment Agency of the County of Alameda shall cause
to be made available, at affordable housing cost to, and occupied by,
persons and families of very low, low-, or moderate-income
households, as applicable, two units outside the project area for
each unit that otherwise would have been required to be available
inside the project area as required by clause (ii) of subparagraph
(A) of paragraph (2) of subdivision (b) of Section 33413.
(c) This section does not apply to a housing unit for which
construction commences on or after January 1, 2012.
33413.5. Not less than 30 days prior to the execution of an
agreement for acquisition of real property, or the execution of an
agreement for the disposition and development of property, or the
execution of an owner participation agreement, which agreement would
lead to the destruction or removal of dwelling units from the low-
and moderate-income housing market, the agency shall adopt by
resolution a replacement housing plan. For a reasonable time prior to
adopting a replacement housing plan by resolution, the agency shall
make available a draft of the proposed replacement housing plan for
review and comment by the project area committee, other public
agencies, and the general public.
The replacement housing plan shall include (1) the general
location of housing to be rehabilitated, developed, or constructed
pursuant to Section 33413, (2) an adequate means of financing such
rehabilitation, development, or construction, (3) a finding that the
replacement housing does not require the approval of the voters
pursuant to Article XXXIV of the California Constitution, or that
such approval has been obtained, (4) the number of dwelling units
housing persons and families of low or moderate income planned for
construction or rehabilitation, and (5) the timetable for meeting the
plan's relocation, rehabilitation, and replacement housing
objectives. A dwelling unit whose replacement is required by Section
33413 but for which no replacement housing plan has been prepared,
shall not be destroyed or removed from the low- and moderate-income
housing market until the agency has by resolution adopted a
replacement housing plan.
Nothing in this section shall prevent an agency from destroying or
removing from the low- and moderate-income housing market a dwelling
unit which the agency owns and which is an immediate danger to
health and safety. The agency shall, as soon as practicable, adopt by
resolution a replacement housing plan with respect to such dwelling
unit.
33413.7. An agency causing the rehabilitation, development, or
construction of replacement dwelling units, other than single-family
residences, pursuant to Section 33413 or Section 33464, or pursuant
to a replacement housing plan as required by Section 33413.5, or
pursuant to provisions of a redevelopment plan required by Section
33334.5, primarily for persons of low income, as defined in Section
50093, shall give preference to those developments that are proposed
to be organized as limited-equity housing cooperatives, when so
requested by a project area committee established pursuant to Section
33385, provided the project is achievable in an efficient and timely
manner.
The limited-equity housing cooperatives shall, in addition to the
provisions of Section 817 of the Civil Code, be organized so that the
consideration paid for memberships or shares by the first occupants
following construction or acquisition by the corporation, including
the principal amount of obligations incurred to finance the share or
membership purchase, does not exceed 3 percent of the development
cost or acquisition cost, or of the fair market value appraisal by
the permanent lender, whichever is greater.
33414. An agency may operate a rehousing bureau to assist site
occupants in obtaining adequate temporary or permanent housing. It
may incur any necessary expenses for this purpose.
33415. An agency shall provide relocation assistance and shall make
all of the payments required by Chapter 16 (commencing with Section
7260) of Division 7 of Title 1 of the Government Code, including the
making of such payments financed by the federal government.
This section shall not be construed to limit any other authority
which an agency may have to make other relocation assistance
payments, or to make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of
the Government Code.
33416. In order to facilitate the rehousing of families and single
persons displaced by any governmental action, an agency, at the
request of the legislative body of the community, may dispose of the
real property acquired under the provisions of Section 33396, by sale
or long-term lease, for use as, or development of, housing for such
displaced persons.
33417. Plans prepared pursuant to Section 33411 shall be provided
to the Department of Housing and Community Development upon request
to be reviewed by the department.
33417.5. There is in each city, county, or city and county having
an agency a relocation appeals board composed of five members
appointed by the mayor of the city or by the chairman of the board of
supervisors of the county, subject to the approval of the
legislative body. Each board shall promptly hear all complaints
brought by residents of the various project areas relating to
relocation and shall determine if the redevelopment agency has
complied with the provisions of this chapter and, where applicable,
federal regulations. The board shall, after a public hearing,
transmit its findings and recommendations to the agency. The members
of the relocation appeals board shall serve without compensation, but
each of the members shall be reimbursed for his necessary expenses
incurred in performance of his duties, as determined by the
legislative body.
33418. (a) An agency shall monitor, on an ongoing basis, any
housing affordable to persons and families of low or moderate income
developed or otherwise made available pursuant to any provisions of
this part. As part of this monitoring, an agency shall require owners
or managers of the housing to submit an annual report to the agency.
The annual reports shall include for each rental unit the rental
rate and the income and family size of the occupants, and for each
owner-occupied unit whether there was a change in ownership from the
prior year and, if so, the income and family size of the new owners.
The income information required by this section shall be supplied by
the tenant in a certified statement on a form provided by the agency.
(b) The data specified in subdivision (a) shall be obtained by the
agency from owners and managers of the housing specified therein and
current data shall be included in any reports required by law to be
submitted to the Department of Housing and Community Development or
the Controller. The information on income and family size that is
required to be reported by the owner or manager shall be supplied by
the tenant and shall be the only information on income or family size
that the owner or manager shall be required to submit on his or her
annual report to the agency.
(c) (1) The agency shall compile and maintain a database of
existing, new and substantially rehabilitated, housing units
developed or otherwise assisted with moneys from the Low and Moderate
Income Housing Fund, or otherwise counted towards the requirements
of subdivision (a) or (b) of Section 33413. The database shall be
made available to the public on the Internet and updated on an annual
basis and shall include the date the database was last updated. The
database shall require all of the following information for each
owner-occupied unit or rental unit, or for each group of units, if
more than one unit is subject to the same covenant:
(A) The street address and assessor's parcel number of the
property.
(B) The size of each unit, measured by the number of bedrooms.
(C) The year in which the construction or substantial
rehabilitation of the unit was completed.
(D) The date of recordation and document number of the
affordability covenants or restrictions required under subdivision
(f) of Section 33334.3.
(E) The date on which the covenants or restrictions expire.
(F) For owner-occupied units that have changed ownership during
the reporting year, as described in subdivision (a), the date and
document number of the new affordability covenants or other documents
recorded to assure that the affordability restriction is enforceable
and continues to run with the land.
(G) Whether occupancy in the unit or units is restricted to any
special population, including senior citizens.
(2) Notwithstanding subparagraphs (A) and (D) of paragraph (1),
the database shall omit any property used to confidentially house
victims of domestic violence.
(3) Upon establishment of a database under this section, the
agency shall provide reasonable notice to the community regarding the
existence of the database.
(d) The agency shall adequately fund its monitoring activities as
needed to insure compliance of applicable laws and agreements in
relation to affordable units. For purposes of defraying the cost of
complying with the requirements of this section and the changes in
reporting requirements of Section 33080.4 enacted by the act enacting
this section, an agency may establish and impose fees upon owners of
properties monitored pursuant to this section.
33410. A redevelopment agency may, in order to facilitate the
rehousing of families and single persons who are displaced from their
homes in a project area, utilize the aids made available through
federal urban renewal, redevelopment and housing legislation and may
use funds derived from any public or private source to carry out the
purposes of this section.
33411. The agency shall prepare a feasible method or plan for
relocation of all of the following:
(a) Families and persons to be temporarily or permanently
displaced from housing facilities in the project area.
(b) Nonprofit local community institutions to be temporarily or
permanently displaced from facilities actually used for institutional
purposes in the project area.
33411.1. The legislative body shall insure that such method or plan
of the agency for the relocation of families or single persons to be
displaced by a project shall provide that no persons or families of
low and moderate income shall be displaced unless and until there is
a suitable housing unit available and ready for occupancy by such
displaced person or family at rents comparable to those at the time
of their displacement. Such housing units shall be suitable to the
needs of such displaced persons or families and must be decent, safe,
sanitary, and otherwise standard dwelling. The agency shall not
displace such person or family until such housing units are available
and ready for occupancy.
33411.2. As used in this article:
(a) "Affordable housing cost" has the same meaning as specified in
Section 50052.5.
(b) "Persons and families of low or moderate income" has the same
meaning as specified in Section 50093.
(c) "Replacement dwelling unit" means a dwelling unit developed or
constructed pursuant to Section 33413 in replacement of a dwelling
unit destroyed or removed from the low- and moderate-income housing
market by an agency and which is decent, safe, and sanitary and
contains at least the same number of bedrooms and other living areas
as the dwelling unit destroyed or removed by the agency.
(d) "Very low income households" has the same meaning as specified
in Section 50105.
33411.3. Whenever all or any portion of a redevelopment project is
developed with low- or moderate-income housing units and whenever any
low- or moderate-income housing units are developed with any agency
assistance or pursuant to Section 33413, the agency shall require by
contract or other appropriate means that the housing be made
available for rent or purchase to the persons and families of low or
moderate income displaced by the redevelopment project. Those persons
and families shall be given priority in renting or buying that
housing. However, failure to give that priority shall not affect the
validity of title to real property. The agency shall keep a list of
persons and families of low and moderate income displaced by the
redevelopment project who are to be given priority, and may establish
reasonable rules for determining the order or priority on the list.
33411.4. If insufficient suitable housing units are available in
the community for low- and moderate-income persons and families to be
displaced from a redevelopment project area, the legislative body
shall assure that sufficient land be made available for suitable
housing for rental or purchase by low- and moderate-income persons
and families. If insufficient suitable housing units are available in
the community for use by such persons and families of low and
moderate income displaced by the redevelopment project, the
redevelopment agency may, to the extent of that deficiency, direct or
cause the development, rehabilitation or construction of housing
units within the community, both inside and outside of redevelopment
project areas.
33412. Permanent housing facilities shall be made available within
three years from the time occupants are displaced and that pending
the development of such facilities there will be available to such
displaced occupants adequate temporary housing facilities at rents
comparable to those in the community at the time of their
displacement.
33413. (a) Whenever dwelling units housing persons and families of
low or moderate income are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the agency or where
financial assistance has been provided by the agency, the agency
shall, within four years of the destruction or removal, rehabilitate,
develop, or construct, or cause to be rehabilitated, developed, or
constructed, for rental or sale to persons and families of low or
moderate income, an equal number of replacement dwelling units that
have an equal or greater number of bedrooms as those destroyed or
removed units at affordable housing costs within the territorial
jurisdiction of the agency. When dwelling units are destroyed or
removed after September 1, 1989, 75 percent of the replacement
dwelling units shall replace dwelling units available at affordable
housing cost in the same or a lower income level of very low income
households, lower income households, and persons and families of low
and moderate income, as the persons displaced from those destroyed or
removed units. When dwelling units are destroyed or removed on or
after January 1, 2002, 100 percent of the replacement dwelling units
shall be available at affordable housing cost to persons in the same
or a lower income category (low, very low, or moderate), as the
persons displaced from those destroyed or removed units.
(b) (1) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 30 percent of all new and substantially
rehabilitated dwelling units developed by an agency shall be
available at affordable housing cost to, and occupied by, persons and
families of low or moderate income. Not less than 50 percent of the
dwelling units required to be available at affordable housing cost
to, and occupied by, persons and families of low or moderate income
shall be available at affordable housing cost to, and occupied by,
very low income households.
(2) (A) (i) Prior to the time limit on the effectiveness of the
redevelopment plan established pursuant to Sections 33333.2, 33333.6,
and 33333.10 at least 15 percent of all new and substantially
rehabilitated dwelling units developed within a project area under
the jurisdiction of an agency by public or private entities or
persons other than the agency shall be available at affordable
housing cost to, and occupied by, persons and families of low or
moderate income. Not less than 40 percent of the dwelling units
required to be available at affordable housing cost to, and occupied
by, persons and families of low or moderate income shall be available
at affordable housing cost to, and occupied by, very low income
households.
(ii) To satisfy this paragraph, in whole or in part, the agency
may cause, by regulation or agreement, to be available, at affordable
housing cost, to, and occupied by, persons and families of low or
moderate income or to very low income households, as applicable, two
units outside a project area for each unit that otherwise would have
been required to be available inside a project area.
(iii) On or after January 1, 2002, as used in this paragraph and
in paragraph (1), "substantially rehabilitated dwelling units" means
all units substantially rehabilitated, with agency assistance. Prior
to January 1, 2002, "substantially rehabilitated dwelling units"
shall mean substantially rehabilitated multifamily rented dwelling
units with three or more units regardless of whether there is agency
assistance, or substantially rehabilitated, with agency assistance,
single-family dwelling units with one or two units.
(iv) As used in this paragraph and in paragraph (1), "substantial
rehabilitation" means rehabilitation, the value of which constitutes
25 percent of the after rehabilitation value of the dwelling,
inclusive of the land value.
(v) To satisfy this paragraph, the agency may aggregate new or
substantially rehabilitated dwelling units in one or more project
areas, if the agency finds, based on substantial evidence, after a
public hearing, that the aggregation will not cause or exacerbate
racial, ethnic, or economic segregation.
(B) To satisfy the requirements of paragraph (1) and subparagraph
(A), the agency may purchase, or otherwise acquire or cause by
regulation or agreement the purchase or other acquisition of,
long-term affordability covenants on multifamily units that restrict
the cost of renting or purchasing those units that either: (i) are
not presently available at affordable housing cost to persons and
families of low or very low income households, as applicable; or (ii)
are units that are presently available at affordable housing cost to
this same group of persons or families, but are units that the
agency finds, based upon substantial evidence, after a public
hearing, cannot reasonably be expected to remain affordable to this
same group of persons or families.
(C) To satisfy the requirements of paragraph (1) and subparagraph
(A), the long-term affordability covenants purchased or otherwise
acquired pursuant to subparagraph (B) shall be required to be
maintained on dwelling units at affordable housing cost to, and
occupied by, persons and families of low or very low income, for the
longest feasible time but not less than 55 years for rental units and
45 years for owner-occupied units. Not more than 50 percent of the
units made available pursuant to paragraph (1) and subparagraph (A)
may be assisted through the purchase or acquisition of long-term
affordability covenants pursuant to subparagraph (B). Not less than
50 percent of the units made available through the purchase or
acquisition of long-term affordability covenants pursuant to
subparagraph (B) shall be available at affordable housing cost to,
and occupied by, very low income households.
(D) To satisfy the requirements of paragraph (1) and subparagraph
(A), each mutual self-help housing unit, as defined in subparagraph
(C) of paragraph (1) of subdivision (f) of Section 33334.3, that is
subject to a 15-year deed restriction shall count as one-third of a
unit.
(3) The requirements of this subdivision shall apply independently
of the requirements of subdivision (a). The requirements of this
subdivision shall apply, in the aggregate, to housing made available
pursuant to paragraphs (1) and (2), respectively, and not to each
individual case of rehabilitation, development, or construction of
dwelling units, unless an agency determines otherwise.
(4) Each redevelopment agency, as part of the implementation plan
required by Section 33490, shall adopt a plan to comply with the
requirements of this subdivision for each project area. The plan
shall be consistent with, and may be included within, the community's
housing element. The plan shall be reviewed and, if necessary,
amended at least every five years in conjunction with either the
housing element cycle or the plan implementation cycle. The plan
shall ensure that the requirements of this subdivision are met every
10 years. If the requirements of this subdivision are not met by the
end of each 10-year period, the agency shall meet these goals on an
annual basis until the requirements for the 10-year period are met.
If the agency has exceeded the requirements within the 10-year
period, the agency may count the units that exceed the requirement in
order to meet the requirements during the next 10-year period. The
plan shall contain the contents required by paragraphs (2), (3), and
(4) of subdivision (a) of Section 33490.
(c) (1) The agency shall require that the aggregate number of
replacement dwelling units and other dwelling units rehabilitated,
developed, constructed, or price restricted pursuant to subdivision
(a) or (b) remain available at affordable housing cost to, and
occupied by, persons and families of low-income, moderate-income, and
very low income households, respectively, for the longest feasible
time, but for not less than 55 years for rental units, 45 years for
home ownership units, and 15 years for mutual self-help housing
units, as defined in subparagraph (C) of paragraph (1) of subdivision
(f) of Section 33334.3, except as set forth in paragraph (2).
Nothing in this paragraph precludes the agency and the developer of
the mutual self-help housing units from agreeing to 45-year deed
restrictions.
(2) Notwithstanding paragraph (1), the agency may permit sales of
owner-occupied units prior to the expiration of the 45-year period,
and mutual self-help housing units prior to the expiration of the
15-year period, established by the agency for a price in excess of
that otherwise permitted under this subdivision pursuant to an
adopted program that protects the agency's investment of moneys from
the Low and Moderate Income Housing Fund, including, but not limited
to, an equity sharing program that establishes a schedule of equity
sharing that permits retention by the seller of a portion of those
excess proceeds, based on the length of occupancy. The remainder of
the excess proceeds of the sale shall be allocated to the agency, and
deposited into the Low and Moderate Income Housing Fund. The agency
shall, within three years from the date of sale pursuant to this
paragraph of each home ownership or mutual self-help housing unit
subject to a 45-year deed restriction, and every third mutual
self-help housing unit subject to a 15-year deed restriction, expend
funds to make affordable an equal number of units at the same or
lowest income level as the unit or units sold pursuant to this
paragraph, for a period not less than the duration of the original
deed restrictions. Only the units originally assisted by the agency
shall be counted towards the agency's obligations under Section
33413.
(3) The requirements of this section shall be made enforceable in
the same manner as provided in paragraph (7) of subdivision (f) of
Section 33334.3.
(4) If land on which the dwelling units required by this section
are located is deleted from the project area, the agency shall
continue to require that those units remain affordable as specified
in this subdivision.
(5) For each unit counted towards the requirements of subdivisions
(a) and (b), the agency shall require the recording in the office of
the county recorder of covenants or restrictions that ensure
compliance with this subdivision. With respect to covenants or
restrictions that are recorded on or after January 1, 2008, the
agency shall comply with the requirements of paragraphs (3) and (4)
of subdivision (f) of Section 33334.3.
(d) (1) This section applies only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1976, and to
areas that are added to a project area by amendment to a final
redevelopment plan adopted on or after January 1, 1976. In addition,
subdivision (a) shall apply to any other redevelopment project with
respect to dwelling units destroyed or removed from the low- and
moderate-income housing market on or after January 1, 1996,
irrespective of the date of adoption of a final redevelopment plan or
an amendment to a final redevelopment plan adding areas to a project
area. Additionally, any agency may, by resolution, elect to make all
or part of the requirements of this section applicable to any
redevelopment project of the agency for which the final redevelopment
plan was adopted prior to January 1, 1976. In addition, subdivision
(b) shall apply to redevelopment plans adopted prior to January 1,
1976, for which an amendment is adopted pursuant to Section 33333.10,
except that subdivision (b) shall apply to those redevelopment plans
prospectively only so that the requirements of subdivision (b) shall
apply only to new and substantially rehabilitated dwelling units for
which the building permits are issued on or after the date that the
ordinance adopting the amendment pursuant to Section 33333.10 becomes
effective.
(2) An agency may, by resolution, elect to require that whenever
dwelling units housing persons or families of low or moderate income
are destroyed or removed from the low- and moderate-income housing
market as part of a redevelopment project, the agency shall replace
each dwelling unit with up to three replacement dwelling units
pursuant to subdivision (a).
(e) Except as otherwise authorized by law, this section does not
authorize an agency to operate a rental housing development beyond
the period reasonably necessary to sell or lease the housing
development.
(f) Notwithstanding subdivision (a), the agency may replace
destroyed or removed dwelling units with a fewer number of
replacement dwelling units if the replacement dwelling units meet
both of the following criteria:
(1) The total number of bedrooms in the replacement dwelling units
equals or exceeds the number of bedrooms in the destroyed or removed
units. Destroyed or removed units having one or no bedroom are
deemed for this purpose to have one bedroom.
(2) The replacement units are affordable to and occupied by the
same income level of households as the destroyed or removed units.
(g) "Longest feasible time," as used in this section, includes,
but is not limited to, unlimited duration.
33413.1. (a) For only the Mt. Eden Sub-Area of the Eden
Redevelopment Project Area, the Redevelopment Agency of the County of
Alameda may count, towards satisfaction of the housing production
requirements of subdivision (b) of Section 33413, the construction of
units outside the project area but within the City of Hayward if all
of the following conditions are met:
(1) The units shall be available at affordable housing cost to,
and occupied by, persons and families of very low or low income.
(2) The units shall comply with subdivision (c) of Section 33413,
except that the requirements of that subdivision shall be deemed
satisfied if the recorded covenants or restrictions are enforceable
by the City of Hayward.
(3) The units shall be located on a parcel or parcels immediately
contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project
Area.
(4) The Redevelopment Agency of the City of Hayward shall provide
to the Redevelopment Agency of the County of Alameda written consent
to the measures taken pursuant to this section and shall not count
any units credited to the Redevelopment Agency of Alameda County
pursuant to this section towards its own production or replacement
requirements under Section 33413.
(b) The Redevelopment Agency of the County of Alameda shall cause
to be made available, at affordable housing cost to, and occupied by,
persons and families of very low, low-, or moderate-income
households, as applicable, two units outside the project area for
each unit that otherwise would have been required to be available
inside the project area as required by clause (ii) of subparagraph
(A) of paragraph (2) of subdivision (b) of Section 33413.
(c) This section does not apply to a housing unit for which
construction commences on or after January 1, 2012.
33413.5. Not less than 30 days prior to the execution of an
agreement for acquisition of real property, or the execution of an
agreement for the disposition and development of property, or the
execution of an owner participation agreement, which agreement would
lead to the destruction or removal of dwelling units from the low-
and moderate-income housing market, the agency shall adopt by
resolution a replacement housing plan. For a reasonable time prior to
adopting a replacement housing plan by resolution, the agency shall
make available a draft of the proposed replacement housing plan for
review and comment by the project area committee, other public
agencies, and the general public.
The replacement housing plan shall include (1) the general
location of housing to be rehabilitated, developed, or constructed
pursuant to Section 33413, (2) an adequate means of financing such
rehabilitation, development, or construction, (3) a finding that the
replacement housing does not require the approval of the voters
pursuant to Article XXXIV of the California Constitution, or that
such approval has been obtained, (4) the number of dwelling units
housing persons and families of low or moderate income planned for
construction or rehabilitation, and (5) the timetable for meeting the
plan's relocation, rehabilitation, and replacement housing
objectives. A dwelling unit whose replacement is required by Section
33413 but for which no replacement housing plan has been prepared,
shall not be destroyed or removed from the low- and moderate-income
housing market until the agency has by resolution adopted a
replacement housing plan.
Nothing in this section shall prevent an agency from destroying or
removing from the low- and moderate-income housing market a dwelling
unit which the agency owns and which is an immediate danger to
health and safety. The agency shall, as soon as practicable, adopt by
resolution a replacement housing plan with respect to such dwelling
unit.
33413.7. An agency causing the rehabilitation, development, or
construction of replacement dwelling units, other than single-family
residences, pursuant to Section 33413 or Section 33464, or pursuant
to a replacement housing plan as required by Section 33413.5, or
pursuant to provisions of a redevelopment plan required by Section
33334.5, primarily for persons of low income, as defined in Section
50093, shall give preference to those developments that are proposed
to be organized as limited-equity housing cooperatives, when so
requested by a project area committee established pursuant to Section
33385, provided the project is achievable in an efficient and timely
manner.
The limited-equity housing cooperatives shall, in addition to the
provisions of Section 817 of the Civil Code, be organized so that the
consideration paid for memberships or shares by the first occupants
following construction or acquisition by the corporation, including
the principal amount of obligations incurred to finance the share or
membership purchase, does not exceed 3 percent of the development
cost or acquisition cost, or of the fair market value appraisal by
the permanent lender, whichever is greater.
33414. An agency may operate a rehousing bureau to assist site
occupants in obtaining adequate temporary or permanent housing. It
may incur any necessary expenses for this purpose.
33415. An agency shall provide relocation assistance and shall make
all of the payments required by Chapter 16 (commencing with Section
7260) of Division 7 of Title 1 of the Government Code, including the
making of such payments financed by the federal government.
This section shall not be construed to limit any other authority
which an agency may have to make other relocation assistance
payments, or to make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of
the Government Code.
33416. In order to facilitate the rehousing of families and single
persons displaced by any governmental action, an agency, at the
request of the legislative body of the community, may dispose of the
real property acquired under the provisions of Section 33396, by sale
or long-term lease, for use as, or development of, housing for such
displaced persons.
33417. Plans prepared pursuant to Section 33411 shall be provided
to the Department of Housing and Community Development upon request
to be reviewed by the department.
33417.5. There is in each city, county, or city and county having
an agency a relocation appeals board composed of five members
appointed by the mayor of the city or by the chairman of the board of
supervisors of the county, subject to the approval of the
legislative body. Each board shall promptly hear all complaints
brought by residents of the various project areas relating to
relocation and shall determine if the redevelopment agency has
complied with the provisions of this chapter and, where applicable,
federal regulations. The board shall, after a public hearing,
transmit its findings and recommendations to the agency. The members
of the relocation appeals board shall serve without compensation, but
each of the members shall be reimbursed for his necessary expenses
incurred in performance of his duties, as determined by the
legislative body.
33418. (a) An agency shall monitor, on an ongoing basis, any
housing affordable to persons and families of low or moderate income
developed or otherwise made available pursuant to any provisions of
this part. As part of this monitoring, an agency shall require owners
or managers of the housing to submit an annual report to the agency.
The annual reports shall include for each rental unit the rental
rate and the income and family size of the occupants, and for each
owner-occupied unit whether there was a change in ownership from the
prior year and, if so, the income and family size of the new owners.
The income information required by this section shall be supplied by
the tenant in a certified statement on a form provided by the agency.
(b) The data specified in subdivision (a) shall be obtained by the
agency from owners and managers of the housing specified therein and
current data shall be included in any reports required by law to be
submitted to the Department of Housing and Community Development or
the Controller. The information on income and family size that is
required to be reported by the owner or manager shall be supplied by
the tenant and shall be the only information on income or family size
that the owner or manager shall be required to submit on his or her
annual report to the agency.
(c) (1) The agency shall compile and maintain a database of
existing, new and substantially rehabilitated, housing units
developed or otherwise assisted with moneys from the Low and Moderate
Income Housing Fund, or otherwise counted towards the requirements
of subdivision (a) or (b) of Section 33413. The database shall be
made available to the public on the Internet and updated on an annual
basis and shall include the date the database was last updated. The
database shall require all of the following information for each
owner-occupied unit or rental unit, or for each group of units, if
more than one unit is subject to the same covenant:
(A) The street address and assessor's parcel number of the
property.
(B) The size of each unit, measured by the number of bedrooms.
(C) The year in which the construction or substantial
rehabilitation of the unit was completed.
(D) The date of recordation and document number of the
affordability covenants or restrictions required under subdivision
(f) of Section 33334.3.
(E) The date on which the covenants or restrictions expire.
(F) For owner-occupied units that have changed ownership during
the reporting year, as described in subdivision (a), the date and
document number of the new affordability covenants or other documents
recorded to assure that the affordability restriction is enforceable
and continues to run with the land.
(G) Whether occupancy in the unit or units is restricted to any
special population, including senior citizens.
(2) Notwithstanding subparagraphs (A) and (D) of paragraph (1),
the database shall omit any property used to confidentially house
victims of domestic violence.
(3) Upon establishment of a database under this section, the
agency shall provide reasonable notice to the community regarding the
existence of the database.
(d) The agency shall adequately fund its monitoring activities as
needed to insure compliance of applicable laws and agreements in
relation to affordable units. For purposes of defraying the cost of
complying with the requirements of this section and the changes in
reporting requirements of Section 33080.4 enacted by the act enacting
this section, an agency may establish and impose fees upon owners of
properties monitored pursuant to this section.
