AB 346: Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-06-28
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform duties required by any enforceable obligation.
Existing law authorizes the city, county, or city and county that created a former redevelopment agency to elect to retain the housing assets and functions previously performed by the former redevelopment agency. Existing law requires the housing successor to maintain any funds transferred to it, together with any funds generated from housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor may then expend a specified amount per fiscal year for homeless prevention and rapid rehousing services, including specified types of services described in that provision, and must use all funds remaining thereafter for the development of affordable housing, as specified.
This bill would expand the specified types of services included within permissible homeless prevention and rapid rehousing services to include contributions toward the construction of local or regional homeless shelters.
Existing law authorizes 2 or more of specified types of housing successors to transfer funds among their respective low and moderate income housing asset funds for the sole purpose of financing specified types of projects, if certain conditions are met.
This bill would add a regional homeless shelter to the list of projects for which those types of housing successors may finance by transferring funds among their respective low and moderate income housing asset funds.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform duties required by any enforceable obligation.
Existing law authorizes the city, county, or city and county that created a former redevelopment agency to elect to retain the housing assets and functions previously performed by the former redevelopment agency. Existing law requires the housing successor to maintain any funds transferred to it, together with any funds generated from housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor may then expend a specified amount per fiscal year for homeless prevention and rapid rehousing services, including specified types of services described in that provision, and must use all funds remaining thereafter for the development of affordable housing, as specified.
This bill would expand the specified types of services included within permissible homeless prevention and rapid rehousing services to include contributions toward the construction of local or regional homeless shelters.
Existing law authorizes 2 or more of specified types of housing successors to transfer funds among their respective low and moderate income housing asset funds for the sole purpose of financing specified types of projects, if certain conditions are met.
This bill would add a regional homeless shelter to the list of projects for which those types of housing successors may finance by transferring funds among their respective low and moderate income housing asset funds.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform duties required by any enforceable obligation.
Existing law authorizes the city, county, or city and county that created a former redevelopment agency to elect to retain the housing assets and functions previously performed by the former redevelopment agency. Existing law requires the housing successor to maintain any funds transferred to it, together with any funds generated from housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor may then expend a specified amount per fiscal year for homeless prevention and rapid rehousing services, including specified types of services described in that provision, and must use all funds remaining thereafter for the development of affordable housing, as specified.
This bill would authorize a housing successor to also use funds remaining in the Low and Moderate Income Housing Asset Fund for homelessness services, transitional housing, or emergency housing services, as well as for the development of affordable housing. expand the specified types of services included within permissible homeless prevention and rapid rehousing services to include contributions toward the construction of local or regional homeless shelters.
This bill would also make nonsubstantive changes to that provision.Existing law authorizes 2 or more of specified types of housing successors to transfer funds among their respective low and moderate income housing asset funds for the sole purpose of financing specified types of projects, if certain conditions are met.
This bill would add a regional homeless shelter to the list of projects for which those types of housing successors may finance by transferring funds among their respective low and moderate income housing asset funds.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform duties required by any enforceable obligation.
Existing law authorizes the city, county, or city and county that created a former redevelopment agency to elect to retain the housing assets and functions previously performed by the former redevelopment agency. Existing law requires the housing successor to maintain any funds transferred to it, together with any funds generated from housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor may expend a specified amount per fiscal year for homeless prevention and rapid rehousing services, and must use all funds remaining thereafter for the development of affordable housing, as specified.
This bill would authorize a housing successor to also use funds remaining in the Low and Moderate Income Housing Asset Fund for homelessness services, transitional housing, or emergency housing services, as well as for the development of affordable housing.
This bill would also make nonsubstantive changes to that provision.
Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a)Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1)For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2)Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
(3)(A)The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successors expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B)If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f).
(C)If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D)For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b)Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c)(1)Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2)Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation, or for a regional homeless shelter, if all of the following conditions are met:
(A)Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B)The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code.
(C)The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D)A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E)No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F)The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G)Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income.
(H)Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d)Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successors preceding four fiscal years, whichever is greater.
(e)Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f)Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1)The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2)The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3)A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4)A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(5)As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6)A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7)A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8)For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9)A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successors progress in meeting those obligations, and of the housing successors plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10)The information required by subparagraph (B) of paragraph (3) of subdivision (a).
(11)The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12)The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successors plan for eliminating the excess surplus.
(13)An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A)The number of those units.
(B)In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund.
(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a)Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1)For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2)Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
(3)(A)The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successors expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B)If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f).
(C)If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D)For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b)Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c)(1)Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2)Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation, or for a regional homeless shelter, if all of the following conditions are met:
(A)Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B)The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code.
(C)The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D)A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E)No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F)The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G)Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income.
(H)Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d)Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successors preceding four fiscal years, whichever is greater.
(e)Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f)Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1)The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2)The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3)A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4)A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(5)As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6)A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7)A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8)For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9)A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successors progress in meeting those obligations, and of the housing successors plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10)The information required by subparagraph (B) of paragraph (3) of subdivision (a).
(11)The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12)The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successors plan for eliminating the excess surplus.
(13)An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A)The number of those units.
(B)In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund.
(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a)Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1)For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the federal United States Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2)Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, contributions toward the construction of local or regional homeless shelters, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
(3)(A)The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successors expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B)If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f).
(C)If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D)For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b)Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c)(1)Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2)Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation regulation, or for a regional homeless shelter, if all of the following conditions are met:
(A)Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B)The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code.
(C)The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D)A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E)No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F)The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G)Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income.
(H)Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d)Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successors preceding four fiscal years, whichever is greater.
(e)Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency prior to before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f)Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1)The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2)The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3)A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4)A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(5)As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6)A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7)A description of any project for which that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8)For interests in real property acquired by the former redevelopment agency prior to before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9)A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successors progress in meeting those obligations, and of the housing successors plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10)The information required by subparagraph (B) of paragraph (3) of subdivision (a).
(11)The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12)The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successors plan for eliminating the excess surplus.
(13)An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A)The number of those units.
(B)In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund.
(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
SECTION 1.Section 34176.1 of the Health and Safety Code is amended to read:34176.1.Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:(a)Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:(1)For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.(2)Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.(3)The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of one of the following purposes set out in subparagraph (A) or (B) below:(A)Notwithstanding Section 33334.2, the development of homelessness services, transitional housing, or emergency housing services.(B)(i)The development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successors expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.(ii)If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f).(iii)If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).(C)For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.(b)Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.(c)(1)Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.(2)Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation if all of the following conditions are met:(A)Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.(B)The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code.(C)The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.(D)A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.(E)No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.(F)The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.(G)Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income.(H)Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.(d)Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successors preceding four fiscal years, whichever is greater.(e)Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.(f)Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:(1)The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.(2)The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.(3)A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.(4)A description of expenditures from the fund by category, including, but not limited to, expenditures for the following:(A)Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a).(B)Homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a).(C)The development of housing pursuant to paragraph (3) of subdivision (a).(5)As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.(6)A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.(7)A description of any project that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.(8)For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.(9)A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successors progress in meeting those obligations, and of the housing successors plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.(10)The information required by clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a).(11)The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.(12)The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successors plan for eliminating the excess surplus.(13)An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:(A)The number of those units.(B)In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund.(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section 34176 shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows:
(a)Subdivision (d) of Section 33334.3 and subdivision (a) of Section 33334.4 shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows:
(1)For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 5 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section 34176 and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the federal United States Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor.
(2)Notwithstanding Section 33334.2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
(3)(A)The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of the development of one of the following purposes set out in subparagraph (A) or (B) below:
(A)Notwithstanding Section 33334.2, the development of homelessness services, transitional housing, or emergency housing services.
(B)(i)The development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successors expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.
(B)(ii)If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f).
(C)(iii)If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f).
(D)(C)For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section.
(b)Subdivision (b) of Section 33334.4 shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above.
(c)(1)Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334.2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account.
(2)Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675.14, housing for agricultural employees as defined in subdivision (g) of Section 50517.5, or special needs housing as defined in federal or state law or regulation if all of the following conditions are met:
(A)Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation.
(B)The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code.
(C)The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.
(D)A transferring housing successor shall not have any outstanding obligations pursuant to Section 33413.
(E)No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year.
(F)The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section 65400 of the Government Code within the preceding 12 months.
(G)Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income.
(H)Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
(d)Sections 33334.10 and 33334.12 shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successors preceding four fiscal years, whichever is greater.
(e)Section 33334.16 shall not apply to interests in real property acquired on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency prior to before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the department approved the property as a housing asset.
(f)Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1)The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2)The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3)A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
(4)A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring for the following:
(A)Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention subdivision (a).
(B)Homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development (a).
(C)The development of housing pursuant to paragraph (3) of subdivision (a).
(5)As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
(6)A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7)A description of any project for which that the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
(8)For interests in real property acquired by the former redevelopment agency prior to before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9)A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successors progress in meeting those obligations, and of the housing successors plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10)The information required by clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a).
(11)The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12)The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successors plan for eliminating the excess surplus.
(13)An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A)The number of those units.
(B)In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agencys investment of moneys from the Low and Moderate Income Housing Fund.
(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.
|
Date
|
Status
|
|---|---|
| Jun 28, 2017 | Chaptered by Secretary of State - Chapter 35, Statutes of 2017. |
| Jun 28, 2017 | Approved by the Governor. |
| Jun 16, 2017 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 12, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 12, 2017 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1487.). |
| Jun 7, 2017 | Read second time. Ordered to Consent Calendar. |
| Jun 6, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (June 6). |
| May 24, 2017 | Referred to Com. on T. & H. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1478.) |
| May 8, 2017 | Read second time. Ordered to third reading. |
| May 4, 2017 | From committee: Do pass. (Ayes 8. Noes 0.) (May 3). |
| Apr 24, 2017 | Re-referred to Com. on L. GOV. |
| Apr 20, 2017 | Read second time and amended. |
| Apr 19, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 19). |
| Feb 21, 2017 | Referred to Coms. on H. & C.D. and L. GOV. |
| Feb 9, 2017 | From printer. May be heard in committee March 11. |
| Feb 8, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 12, 2017 | Consent Calendar 2nd AB346 | Senate Floor |
Passed |
|
| Jun 6, 2017 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 11, 2017 | AB 346 DALY Assembly Third Reading | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 19, 2017 | Do pass as amended and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association of California Cities - Orange County | ** Support | Jun 7, 2017 |
| California Apartment Association | ** Support | Jun 7, 2017 |
| California Coalition For Youth | ** Support | May 2, 2017 |
| Catholic Conference | ** Support | May 2, 2017 |
| City of Alhambra | ** Support | Jun 7, 2017 |
| city of costa mes | ** Support | Jun 1, 2017 |
| City of Costa Mesa | ** Support | Jun 7, 2017 |
| City Of Fullerton | * Support | Apr 19, 2017 |
| City of La Habra | ** Support | Jun 7, 2017 |
| City of La Palma | ** Support | Apr 17, 2017 |
| City of Los Alamitos | ** Support | Apr 17, 2017 |
| City of Pasadena | ** Support | Jun 7, 2017 |
| City of Santa Ana | ** Support | Jun 7, 2017 |
| City of Stanton | ** Support | Jun 7, 2017 |
| city of yorba linda | ** Support | Jun 7, 2017 |
| League of Cities | ** Support | Jun 7, 2017 |
| National Association of Social Workers | ** Support | May 2, 2017 |
| National Association Of Social Workers, California Chapter | ** Support | Jun 7, 2017 |
| Orange County Board of Supervisors | ** Support | Jun 7, 2017 |
| orange county realtors | ** Support | Jun 7, 2017 |
| Pasadena, City Of | * Support | Apr 19, 2017 |
| San Gabriel Valley Council Of Governments | ** Support | Jun 7, 2017 |
| St. Jude Medical Center | ** Support | May 2, 2017 |
| Union Station Homeless Services | ** Support | May 2, 2017 |
| United Way | ** Support | Jun 7, 2017 |
| United Way Orange County | ** Support | May 2, 2017 |
| united way - orange county | ** Support | May 2, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 346
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/6/17
AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
ASSEMBLY FLOOR: 75-0, 5/11/17 - See last page for vote
SOURCE: Association of California Cities – Orange County
DIGEST:
This bill allows a housing successor to expend funds in the Low and Moderate Income Housing Asset Fund (LMIHF) for contributions toward the construction of local or regional homeless shelters. It also allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
Existing law:
- Requires a housing successor to a redevelopment agency (RDA) to spend all the funds in the LMIHF not used to repay enforceable obligations as follows:
- Up to 2% of the statutory value of real property owned by the housing successor and loans and grants receivable or $200,000 in a fiscal year on monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenant entered into by the RDA or the housing successor;
- Allows up to $250,000 for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance; and,
- All other funds must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI) with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of AMI and no more than 20% for households earning 60% and 80% of AMI.
- Authorizes two or more housing successors within a county, within a single metropolitan statistical area and within 15 miles of each other to enter into an agreement to transfer funds from their respective LMIHF to develop transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing, if all of the following conditions are met:
- Each participating housing successor makes a finding based on substantial evidence after a public hearing that the agreement to transfer funds will not cause or exacerbate racial, ethnic or economic segregation;
- The development will not be located in census tract where more than 50% of its population is very low income, unless the development is within one-half mile of a major transit stop or high quality transit corridor;
- The development will not result a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is built;
- A transferring housing successor must not have any outstanding obligations, pursuant to Health and Safety Code Section 33413; and,
- No housing successor may transfer more than $1 million per fiscal year.
This bill:
- Allows, in specified conditions, the housing successor to additionally expend funds in the LMIHF for contributions toward the construction of local or regional homeless shelters.
- Allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
Background
- RDA. In 2011, facing a severe budget shortfall, the Governor proposed eliminating RDAs in order to deliver more property taxes to other local agencies. Statewide, redevelopment redirected 12% of property taxes away from schools and other local taxing entities and into community development and affordable housing. Ultimately, the Legislature approved and the Governor signed two measures, ABX1 26 (Blumenfield, Chapter 5, Statutes of 2011-12 First Extraordinary Session) and ABX1 27 (Blumenfield, Chapter 6, Statutes of 2011-12 First Extraordinary Session) that together dissolved RDAs as they existed at the time and created a voluntary redevelopment program on a smaller scale. In response the California Redevelopment Association (CRA) and the League of California Cities, along with other parties, filed suit challenging the two measures. The Supreme Court denied the petition for peremptory writ of mandate with respect to ABX1 26. However, the Court did grant CRA's petition with respect to ABX1 27. As a result, all RDAs were required to dissolve as of February 1, 2012.
As part of the dissolution process, local jurisdictions were required to set up a housing successor to assume the housing functions of the former RDA. Housing successors are required to maintain any funds generated from housing assets in the LMIHF and use them in accordance with the housing related provisions of the Community Redevelopment Law (CRL). The LMIHF includes real property and other physical assets; funds encumbered for enforceable obligations, any loan or grant receivable, any funds revised from rents or operation of properties, rents or other payments from housing tenants or operators, and repayment of loans or deferrals owed to the LMIHF. Funding available to a housing successor in the post-redevelopment world is limited to program dollars repaid from loans or investments made by the former redevelopment agency. This is a much smaller amount than was generated by an RDA, which produced more than $1 billion in tax increment for housing activities statewide each year.
- SB 341 (DeSaulnier) of 2014. SB 341 (DeSaulnier, Chapter 796, Statutes of 2014) revised the rules governing the activities and expenditures of housing successors to streamline administrative requirements while ensuring accountability, provide additional flexibility, and target scarce available resources to the greatest needs. That bill retained the housing provisions of the CRL as the basic law governing housing successors, but targeted the limited financial resources of housing successor toward core functions, such as monitoring and preserving the long-term affordability of units subject to affordability restrictions and spending funds on the homeless and lower-income persons and families.
This bill permits a housing successor agency, in addition to expending funds for homeless prevention and rapid rehousing services for persons who are homeless or at risk of homelessness, to also provide contributions toward the construction of local or regional homeless shelters. Additionally, this bill will allow two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
Comments
- Purpose of the bill. According to the author, “California cities have fewer financial resources to use for addressing a wide range of local housing needs. Unfortunately, current law also restricts how cities can use what little revenues they have available for such purposes. [This bill] will give them some additional flexibility and local control over how those funds are best spent to address specific needs in their communities, including addressing homelessness. This bill would expand the current cap on the narrow use for LMIHF homeless response dollars, and provide cities with the flexibility to use their fund in the ways their communities need it most.”
Related/Prior Legislation
SB 341 (DeSaulnier, Chapter 796, Statutes of 2014) revised rules governing the activities and expenditures of housing successor agencies.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Association of California Cities – Orange County (source)
California Apartment Association
City of Alhambra
City of Costa Mesa
City of La Habra
City of Pasadena
City of Santa Ana
City of Stanton
City of Yorba Linda
League of Cities
National Association of Social Workers, California Chapter
Orange County Board of Supervisors
Orange County Realtors
San Gabriel Valley Council of Governments
United Way
None received
ASSEMBLY FLOOR: 75-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, Frazier, O'Donnell, Patterson, Waldron
6/7/17 13:37:08
**** END ****
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: AB 346 Hearing Date: 6/6/2017
Author: | Daly | ||
Version: | 4/20/2017 Amended | ||
Urgency: | No | Fiscal: | No |
Consultant: | Alison Hughes | ||
SUBJECT: Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund
DIGEST: This bill allows a housing successor to expend funds in the Low and Moderate Income Housing Asset Fund (LMIHF) for contributions toward the construction of local or regional homeless shelters. It also allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
ANALYSIS:
Existing law:
- Requires a housing successor to a redevelopment agency (RDA) to spend all the funds in the LMIHF not used to repay enforceable obligations as follows:
- Up to 2% of the statutory value of real property owned by the housing successor and loans and grants receivable or $200,000 in a fiscal year on monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenant entered into by the RDA or the housing successor;
- Allows up to $250,000 for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance; and,
- All other funds must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI) with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of AMI and no more than 20% for households earning 60% and 80% of AMI.
- Authorizes two or more housing successors within a county, within a single metropolitan statistical area and within 15 miles of each other to enter into an agreement to transfer funds from their respective LMIHF to develop transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing, if all of the following conditions are met:
- Each participating housing successor makes a finding based on substantial evidence after a public hearing that the agreement to transfer funds will not cause or exacerbate racial, ethnic or economic segregation;
- The development will not be located in census tract where more than 50% of its population is very low income, unless the development is within one-half mile of a major transit stop or high quality transit corridor;
- The development will not result a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is built;
- A transferring housing successor must not have any outstanding obligations, pursuant to Health and Safety Code Section 33413; and,
- No housing successor may transfer more than $1 million per fiscal year.
This bill:
- Allows, in specified conditions, the housing successor to additionally expend funds in the LMIHF for contributions toward the construction of local or regional homeless shelters.
- Allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
COMMENTS:
1) Purpose of the bill. According to the author, “California cities have fewer financial resources to use for addressing a wide range of local housing needs. Unfortunately, current law also restricts how cities can use what little revenues they have available for such purposes. [This bill] will give them some additional flexibility and local control over how those funds are best spent to address specific needs in their communities, including addressing homelessness. This bill would expand the current cap on the narrow use for LMIHF homeless response dollars, and provide cities with the flexibility to use their fund in the ways their communities need it most.”
2) RDA Background. In 2011, facing a severe budget shortfall, the Governor proposed eliminating RDAs in order to deliver more property taxes to other local agencies. Statewide, redevelopment redirected 12% of property taxes away from schools and other local taxing entities and into community development and affordable housing. Ultimately, the Legislature approved and the Governor signed two measures, ABX1 26 (Blumenfield, Chapter 5, Statutes of 2011) and ABX1 27 (Blumenfield, Chapter 6, Statues of 2011) that together dissolved RDAs as they existed at the time and created a voluntary redevelopment program on a smaller scale. In response the California Redevelopment Association (CRA) and the League of California Cities, along with other parties, filed suit challenging the two measures. The Supreme Court denied the petition for peremptory writ of mandate with respect to ABX1 26. However, the Court did grant CRA's petition with respect to ABX1 27. As a result, all RDAs were required to dissolve as of February 1, 2012.
As part of the dissolution process, local jurisdictions were required to set up a housing successor to assume the housing functions of the former RDA. Housing successors are required to maintain any funds generated from housing assets in the LMIHF and use them in accordance with the housing related provisions of the Community Redevelopment Law (CRL). The LMIHF includes real property and other physical assets; funds encumbered for enforceable obligations, any loan or grant receivable, any funds revised from rents or operation of properties, rents or other payments from housing tenants or operators, and repayment of loans or deferrals owed to the LMIHF. Funding available to a housing successor in the post-redevelopment world is limited to program dollars repaid from loans or investments made by the former redevelopment agency. This is a much smaller amount than was generated by a RDA, which produced more than $1 billion in tax increment for housing activities statewide each year.
- SB 341 (DeSaulnier) of 2014. SB 341 (DeSaulnier, Chapter 796, Statutes of 2014), revised the rules governing the activities and expenditures of housing successors to streamline administrative requirements while ensuring accountability, provide additional flexibility, and target scarce available resources to the greatest needs. That bill retained the housing provisions of the CRL as the basic law governing housing successors, but targeted the limited financial resources of housing successor toward core functions, such as monitoring and preserving the long-term affordability of units subject to affordability restrictions and spending funds on the homeless and lower-income persons and families.
This bill would permit a housing successor agency, in addition to expending funds for homeless prevention and rapid rehousing services for persons who are homeless or at risk of homelessness, to also provide contributions toward the construction of local or regional homeless shelters. Additionally, this bill will allow two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
Related Legislation:
SB 341 (DeSaulnier, Chapter 796, Statutes of 2014) — revises rules governing the activities and expenditures of housing successor agencies.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
May 31, 2017.)
SUPPORT:
Association of California Cities – Orange County (sponsor)
California Apartment Association
City of Alhambra
City of Costa Mes
City of La Habra
City of Stanton
City of Pasadena
City of Santa Ana
City of Yorba Linda
League of Cities
National Association of Social Workers, California Chapter
Orange County Board of Supervisors
Orange County Realtors
San Gabriel Valley Council of Governments
United Way
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 346
Author:(Daly and Brough)
As Amended Ver:April 20, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Steinorth, Bocanegra, Chau, Choi, Kalra, Limón | |
Local Government | 8-0 | Aguiar-Curry, Bloom, Caballero, Gonzalez Fletcher, Grayson, Lackey, Ridley-Thomas, Voepel |
SUMMARY: Makes changes to how a housing successor agency (housing successor) to a redevelopment agency (RDA) can spend funds in the Low and Moderate Income Housing Asset Funds (LMIHF). Specifically, this bill allows a housing successor to use LMIHF to fund the construction of local or regional housing shelters.
FISCAL EFFECT: None
COMMENTS:
Background: In 2011, facing a severe budget shortfall, the Governor proposed eliminating RDAs in order to deliver more property taxes to other local agencies. Statewide, redevelopment redirected 12% of property taxes away from schools and other local taxing entities and into community development and affordable housing. Ultimately, the Legislature approved and the Governor signed two measures, AB 26 X1 (Blumenfield), Chapter 5, Statutes of 2011-12 First Extraordinary Session, and AB 27 X1 (Blumenfield), Chapter 6, Statutes of 2011-12 First Extraordinary Session, that together dissolved RDAs as they existed at the time and created a voluntary redevelopment program on a smaller scale. In response the California Redevelopment Association (CRA) and the League of California Cities, along with other parties, filed suit challenging the two measures. The Supreme Court denied the petition for peremptory writ of mandate with respect to AB 26 X1. However, the Court did grant CRA's petition with respect to AB 27 X1. As a result, all RDAs were required to dissolve as of February 1, 2012.
As part of the dissolution process, local jurisdictions were required to set up a housing successor to assume the housing functions of the former RDA. The city or county that created the RDA could opt to become the housing successor, but if they chose not to the responsibility was transferred to a housing authority in the jurisdiction of the former RDA. If there was no housing authority in the jurisdiction then the housing functions were to be transferred to Department of Housing and Community Development (HCD). Housing successors are required to maintain any funds generated from housing assets in the LMIHF and use them in accordance with the housing related provisions of the Community Redevelopment Law (CRL). The LMIHF includes real property and other physical assets; funds encumbered for enforceable obligations, any loan or grant receivable, any funds revised from rents or operation of properties, rents or other payments from housing tenants or operators, and repayment of loans or deferrals owed to the LMIHF. Funding available to a housing successor in the post-redevelopment world is limited to program dollars repaid from loans or investments made by the former redevelopment agency. This is a much smaller amount than was generated by a RDA which produced more than $1 billion in tax increment for housing activities statewide each year.
In 2013, SB 341 (DeSaulnier), Chapter 796, Statutes of 2013, revised the rules governing the activities and expenditures of housing successors to streamline administrative requirements while ensuring accountability, provide additional flexibility, and target scarce available resources to the greatest needs. SB 341 retained the housing provisions of the CRL as the basic law governing housing successors but alters the law for housing successor in the following ways:
- Allows housing successors to expend available funds first for the purpose of monitoring and preserving the long-term affordability of units in its portfolio and for administering its activities up to an annual cap of 2% of its portfolio value or $200,000 whichever is greater;
- Allows housing successors to expend up to $250,000 per year for homeless prevention and rapid rehousing services to individuals and families who are homeless or at risk of homelessness;
- Alters the income targeting requirements and applies them only to funds left after allowed monitoring and administration expenditures and homeless prevention services;
- Relaxes the limitations on senior housing allowing no more than 50% of housing financed by the jurisdiction over a ten-year period to be limited to seniors; and
- Allows housing successors to transfer funds among themselves under certain conditions for the purpose of developing affordable units in transit priority projects, permanent supportive housing, farmworker housing, or special needs housing.
SB 341 targeted the limited financial resources of housing successor toward core functions. RDAS were required to expend funds to improve, increase, or preserve housing affordable to low- and moderate-income families. Housing successors have far less money than RDAS so the law requires them to prioritize that limited funding toward monitoring and maintaining the housing assets that were created or financed by the former RDA. SB 341 allowed housing successors to use funds in the LMIHF toward services to prevent homelessness and rapidly re-housing people. Under existing law, the CRL did not permit RDAS to spend funds on services. In addition, successor housing are allowed to spend the limited funds that are available after monitoring and preserving the existing housing assets toward housing for low- and extremely- low income housing. This is different than the CRL which required money to be expended for low- and very-low income housing in proportion to the community's housing element need for those populations.
If a housing successor allows an excess surplus of funds to accumulate, any amounts over $1 million over a three-year period, without spending it on developing housing or transferring it to another housing successor then it must transfer those funds to HCD. HCD is required to expend those funds through the Multi-family Housing Program or the Joe Serna Jr. Farmworker Housing Grant Program.
Purpose of the bill: According to the author, "California cities have fewer financial resources to use for addressing a wide range of local housing needs. Unfortunately, current law also restricts how cities can use what little revenues they have available for such purposes. AB 346 will give them some flexibility and local control over how those funds are best spent to address specific needs in their communities… Because LMIHF are much lower, cities frequently wait for their set-aside funds to accumulate enough money to actually build new housing units, which is the majority purpose for these dollars. This has left cities with unused or unusable LMIHF funds. Additionally there is enough flexibility to use the reduced LMIHF funds in other ways to help residents who are homeless or needing other housing services associated to affordable housing."
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0000323
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 346 (
Author:Daly and Brough) – As Amended Ver:April 20, 2017
SUBJECT: Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund.
SUMMARY: Authorizes a housing successor to use funds remaining in their Low and Moderate Income Housing Fund (LMIHF) towards a variety of homelessness services. Specifically, this bill:
- Allows, in specified conditions, the housing successor to additionally expend funds in the LMIHF for contributions toward the construction of local or regional homeless shelters.
- Allows two or more housing successors within a county, as specified, to additionally enter into an agreement to transfer funds among their respective LMIHF for a regional homeless shelter, if specified conditions are met.
EXISTING LAW:
- Requires a housing successor to a redevelopment agency (RDA) to spend all the funds in the LMIHF fund not used to repay enforceable obligations as follows:
- Up to 2% of the statutory value of real property owned by the housing successor and loans and grants receivable or $200,000 in a fiscal year on monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenant entered into by the RDA or the housing successor;
- Allows up to $250,000 for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance; and,
- All other funds must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI) with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of AMI and no more than 20% for households earning 60% and 80% of AMI.
- Authorizes two or more housing successors within a county, within a single metropolitan statistical area and within 15 miles of each other to enter into an agreement to transfer funds from their respective LMIHF to develop transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing, if all of the following conditions are met:
- Each participating housing successor makes a finding based on substantial evidence after a public hearing that the agreement to transfer funds will not cause or exacerbate racial, ethnic or economic segregation;
- The development will not be located in census tract where more than 50% of its population is very low income, unless the development is within one-half mile of a major transit stop or high quality transit corridor;
- The development will not result a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is built;
- A transferring housing successor must not have any outstanding obligations, pursuant to Health and Safety Code Section 33413; and,
- No housing successor may transfer more than $1 million per fiscal year.
FISCAL EFFECT: None
COMMENTS:
- Background and Bill Summary. Existing law allows a city or county that created a former RDA to elect to retain the housing assets and functions previously performed by that RDA. The housing successor must maintain any funds transferred to it, as well as funds generated from housing assets, in a separate LMIHF, in accordance with certain provisions of the Community Redevelopment Law. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor, at that point, may expend up to $250,000 per fiscal year for homeless prevention and rapid rehousing services.
This bill expands what the $250,000 can be spent on to additionally include contributions toward the construction of local or regional homeless shelters. Existing law also authorizes two or more housing successors to transfer funds among their respective LMIHF for the sole purpose of financing specified projects. This bill expands the types of projects to additionally include allowing two housing successors to enter into an agreement to transfer funds for a regional homeless shelter.
This bill is sponsored by the Association of California Cities – Orange County.
- Author’s Statement. According to the author, “California cities have fewer financial resources to use for addressing a wide range of local housing needs. Unfortunately, current law also restricts how cities can use what little revenues they have available for such purposes. AB 346 will give them some additional flexibility and local control over how those funds are best spent to address specific needs in their communities.
“LMIHF funds (also known as “20% housing set-aside funds”) are gathered through the 20% dedicated redevelopment agencies (RDA) / successor agency property tax funds, generated from housing assets. These funds have stagnated, depleted or have ceased to produce other revenue streams, since the dissolution of redevelopment, in 2012. Cities and counties with RDAs have found that they had much lower contributions to their LMIHF funds since that time.
“Because LMIHF funds are now much lower, cities frequently wait for their set-aside funds to accumulate enough money to actually build new housing units, which is the majority purpose for these dollars. This has left cities with unused or unusable LMIHF funds. Additionally, there is not enough flexibility to use the reduced LMIHF funds in other ways to help residents who are homeless or needing other housing services associated to affordable housing. Exasperating the issue is the increase to the homeless population across the state. “
- Arguments in Support. Supporters argue that this bill is a commonsense approach towards the effort of finding solutions to housing our homeless population.
- Arguments in Opposition. None on file.
- Double-Referral. This bill was heard by the Housing and Community Development Committee on April 19, 2017, and passed on a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Cities – Orange County [SPONSOR]
Cities of Alhambra, Costa Mesa, Fullerton, Garden Grove, La Habra, La Palma, Los Alamitos, Pasadena, Santa Ana, Stanton, Tustin, Yorba Linda
California Apartment Association
California Coalition for Youth
Catholic Conference
League of California Cities
National Association of Social Workers
St. Jude Medical Center
San Gabriel Valley Council of Governments
Union Station Homeless Services
United Way – Orange County
Opposition
None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
ABPCA Bill Id:AB 346 (
Author:Daly) – As Introduced Ver:February 8, 2017
SUBJECT: Redevelopment: housing successor: Low and Moderate Income Housing Asset Fund
SUMMARY: Makes changes to how a housing successor agency (housing successor) to a redevelopment agency (RDA) can spend funds in the Low and Moderate Income Housing Asset Funds (LMIHF). Specifically, this bill:
- Authorizes a housing successor agency to use funds in the LMIHF for the development of homelessness services, transitional housing, or emergency housing services.
- Requires a housing successor agency to provide to its governing body and post on its Internet Web site a description of how funds were spent for the development of homelessness services, transitional housing, or emergency housing services.
EXISTING LAW:
- Requires a housing successor to a RDA to spend all the funds in the in the LMIHF fund not used to repay enforceable obligations as follows:
- Up to 2% of the statutory value of real property owned by the housing successor and loans and grants receivable or $200,000 in a fiscal year on monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenant entered into by the RDA or the housing successor;
- Allows up to $250,000 for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance; and
- All other funds must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI) with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of AMI and no more than 20% for households early 60% and 80% of AMI.
- Authorizes two or more housing successor within a county, within a single metropolitan statistical area and within 15 miles of each other to enter into an agreement to transfer funds from their respective LMIHF to develop transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing if all of the following conditions are met:
- Each participating housing successor makes a finding based on substantial evidence after a public hearing that the agreement to transfer funds will not cause or exacerbate racial, ethnic or economic segregation;
- The development will not be located in census tract where more than 50% of its population is very low income, unless the development is within one-half mile of a major transit stop or high quality transit corridor;
- The development will not result a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is built;
- A transferring housing successor must not have any outstanding obligations pursuant to Health and Safety Code Section 33413; and
- No housing successor may transfer more than $1 million per fiscal year.
FISCAL EFFECT: Unknown.
COMMENTS:
Background: In 2011, facing a severe budget shortfall, the Governor proposed eliminating RDAs in order to deliver more property taxes to other local agencies. Statewide, redevelopment redirected 12% of property taxes away from schools and other local taxing entities and into community development and affordable housing. Ultimately, the Legislature approved and the Governor signed two measures, ABX1 26 (Blumenfield), Chapter 5 and ABX1 27 (Blumenfield), Chapter 6 that together dissolved RDAs as they existed at the time and created a voluntary redevelopment program on a smaller scale. In response the California Redevelopment Association (CRA) and the League of California Cities, along with other parties, filed suit challenging the two measures. The Supreme Court denied the petition for peremptory writ of mandate with respect to ABX1 26. However, the Court did grant CRA's petition with respect to ABX1 27. As a result, all RDAs were required to dissolve as of February 1, 2012.
As part of the dissolution process, local jurisdictions were required to set up a housing successor to assume the housing functions of the former RDA. The city or county that created the RDA could opt to become the housing successor but if they chose not to the responsibility was transferred to a housing authority in the jurisdiction of the former RDA. If there was no housing authority in the jurisdiction then the housing functions were to be transferred to Department of Housing and Community Development (HCD). Housing successors are required to maintain any funds generated from housing assets in the LMIHF and use them in accordance with the housing related provisions of the Community Redevelopment Law (CRL). The LMIHF includes real property and other physical assets; funds encumbered for enforceable obligations, any loan or grant receivable, any funds revised from rents or operation of properties, rents or other payments from housing tenants or operators, and repayment of loans or deferrals owed to the LMIHF. Funding available to a housing successor in the post-redevelopment world is limited to program dollars repaid from loans or investments made by the former redevelopment agency. This is a much smaller amount than was generated by a RDA which produced more than $1 billion in tax increment for housing activities statewide each year.
In 2015, SB 341 (De Saulnier) Chapter 796, Statutes of 2015, revised the rules governing the activities and expenditures of housing successors to streamline administrative requirements while ensuring accountability, provide additional flexibility, and target scarce available resources to the greatest needs. SB 341 retained the housing provisions of the CRL as the basic law governing housing successors but alters the law for housing successor in the following ways:
- Allows housing successors to expend available funds first for the purpose of monitoring and preserving the long-term affordability of units in its portfolio and for administering its activities up to an annual cap of 2% of its portfolio value or $200,000 whichever is greater;
- Allows housing successors to expend up to $250,000 per year for homeless prevention and rapid rehousing services to individuals and families who are homeless or at risk of homelessness;
- Alters the income targeting requirements and applies them only to funds left after allowed monitoring and administration expenditures and homeless prevention services;
- Relaxes the limitations on senior housing allowing no more than 50% of housing financed by the jurisdiction over a ten-year period to be limited to seniors; and
- Allows housing successors to transfer funds among themselves under certain conditions for the purpose of developing affordable units in transit priority projects, permanent supportive housing, farmworker housing, or special needs housing.
SB 341 targeted the limited financial resources of housing successor toward core functions. RDAS were required to expend funds to improve, increase, or preserve housing affordable to low- and moderate-income families. Housing successors have far less money than RDAS so the law requires them to prioritize that limited funding toward monitoring and maintaining the housing assets that were created or financed by the former RDA. SB 341 allowed housing successors to use funds in the LMIHF toward services to prevent homelessness and rapidly re-housing people. Under existing law, the CRL did not permit RDAS to spend funds on services. In addition, successor housing are allowed to spend the limited funds that are available after monitoring and preserving the existing housing assets toward housing for low- and extremely- low income housing. This is different than the CRL which required money to be expended for low- and very-low income housing in proportion to the community's housing element need for those populations.
If a housing successor allows an excess surplus of funds to accumulate, any amounts over $1 million over a three year period, without spending it on developing housing or transferring it to another housing successor then it must transfer those funds to HCD. HCD is required to expend those funds through the Multi-family Housing Program or the Joe Serna Jr. Farmworker Housing Grant Program.
Purpose of the bill: According to the author, "California cities have fewer financial resources to use for addressing a wide range of local housing needs. Unfortunately, current law also restricts how cities can use what little revenues they have available for such purposes. AB 346 will give them some flexibility and local control over how those funds are best spent to address specific needs in their communities." "Because LMIHF are much lower, cities frequently wait for their set-aside funds to accumulate enough money to actually build new housing units, which is the majority purpose for these dollars. This has left cities with unused or unusable LMIHF funds. Additionally there is enough flexibility to use the reduced LMIHF funds in other ways to help residents who are homeless or needing other housing services associated to affordable housing. Exacerbating the issue is the increase to the homeless population across the state."
Staff comments:
RDAs were required to spend any LMIHF to improve, increase, or preserve housing affordable to low- and moderate-income families and were not allowed to spend funds on services. In an effort to provide greater flexibility to housing successor agencies with limited funding, the law was revised to allow some funds to be used for monitoring and toward homeless prevention and rapid re-housing. The committee may wish to consider refining the bill to allow cities to spend the funds currently available for homeless prevention and rapid re-housing for construction of a local or regional homeless shelter. In addition, the committee may wish to amend the bill to allow a jurisdiction to transfer up to $1 million in funds to another jurisdiction, after making specified findings, to construct a regional homeless shelter.
Committee amendments:
- Delete the provision allowing a housing successor to spend LMIHF on, "homelessness services, transitional housing, or emergency housing services" and instead allow a housing successor to use the $250,000 allowed under existing law for homeless prevention, toward construction of a local or regional homeless shelter, in addition to the other eligible uses.
- Expand existing law to allow a housing successor to transfer up to $1 million to a neighboring jurisdiction for the development of a regional homeless shelter, after making specified findings.
Double referral: If AB 346 passes out of this committee, the bill will be referred to the Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Cities – Orange County (sponsor)
California Apartment Association
California Catholic Conference
California Coalition for Youth
City of Alhambra
City of Costa Mesa
City of Fullerton
City of La Palma
City of Los Alamitos
City of Pasadena
City of Santa Ana
City of Stanton
National Association of Social Workers, California Chapter
St. Jude Medical Center
Opposition
None on file
Analysis Prepared by: Lisa Engel / H. & C.D. / 916-319-2085
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):