Bill Text: CA SB1500 | 2023-2024 | Regular Session | Chaptered
Bill Title: Housing: federal waiver: income eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-22 - Chaptered by Secretary of State. Chapter 491, Statutes of 2024. [SB1500 Detail]
Download: California-2023-SB1500-Chaptered.html
Senate Bill
No. 1500
CHAPTER 491
An act to add and repeal Sections 50199.24, 50517.11, 50675.16, 53545.11, 53559.4, 53567, and 53601 of the Health and Safety Code, and to add and repeal Section 987.011 of the Military and Veterans Code, relating to housing, and making an appropriation therefor.
[
Approved by
Governor
September 22, 2024.
Filed with
Secretary of State
September 22, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1500, Durazo.
Housing: federal waiver: income eligibility.
Existing federal law establishes federal housing assistance programs that are administered by the federal Department of Housing and Urban Development (HUD). Existing federal law authorizes HUD to waive regulations promulgated to implement these programs, as provided. Existing law, the Housing Authorities Law, establishes a housing authority in each county and each city, known as the housing authority of the county or city. Upon adoption of a resolution by the governing body of the county or city authorizing the authority to function in it, existing law authorizes an authority to, among other things, prepare, carry out, acquire, lease, and operate housing projects and housing developments for persons of low income, as provided.
Existing law establishes a low-income housing tax credit program through which, in order to promote the provision of
affordable low-income housing within and throughout the state, the California Tax Credit Allocation Committee allocates low-income housing tax credits, in modified conformity with certain federal law. Existing law also establishes the Department of Housing and Community Development and requires it to administer various programs regarding housing for persons with specified incomes, including the Joe Serna, Jr. Farmworker Housing Grant Program, which is funded by a continuously appropriated fund, the Multifamily Housing Program, the Infill Incentive Grant Program of 2007, the Infill Incentive Grant Program of 2019, the Transit-Oriented Development Implementation Program, which is funded by a continuously appropriated fund, the Housing for a Healthy California Program, and the Veterans Housing and Homeless Prevention Act of 2014, which is funded by a continuously appropriated fund and which the department administers in collaboration with the California Housing Finance Agency and the Department of Veterans
Affairs, as specified.
In the City of Los Angeles and the County of Los Angeles, where HUD has granted a housing authority created pursuant to the Housing Authorities Law, as described above, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with specified federal law, this bill would: (1) prohibit certain state entities from taking any negative actions, as specified, against
the owner or management agent if certain conditions are met; and (2) if an agreement between the owner or management agent and certain government entities imposes certain income restrictions, deem the tenant to satisfy
certain income requirements if certain conditions are met. By expanding the projects eligible to receive benefits from a continuously appropriated fund, this bill would make an appropriation.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 50199.24 is added to the Health and Safety Code, to read:50199.24.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the committee shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, all of the following:
(A) Issuing negative points on a current or future application.
(B) Filing a Form 8823 with the Internal Revenue Service within six months of discovery of the violation.
(C) Imposing a financial penalty.
(b) If an agreement between the
owner or management agent
and the authority, the Department of Housing and Community Development, or the committee restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal
Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took
possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements
attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue
use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 2.
Section 50517.11 is added to the Health and Safety Code, to read:50517.11.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent
and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For
purposes of this subparagraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the
assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of
the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 3.
Section 50675.16 is added to the Health and Safety Code, to read:50675.16.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department and the California Tax Credit Allocation Committee shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority, the department, or the California Tax Credit Allocation Committee restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement
between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area
median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.
Section 53545.11 is added to the Health and Safety Code, to read:53545.11.
(a) (1) For purposes of the Infill Incentive Grant Program of 2007 established pursuant to Section 53545.13, in the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement
between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area
median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 5.
Section 53559.4 is added to the Health and Safety Code, to read:53559.4.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement
between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area
median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 6.
Section 53567 is added to the Health and Safety Code, to read:53567.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into
the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median
income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in
paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median
income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 7.
Section 53601 is added to the Health and Safety Code, to read:53601.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into
the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median
income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in
paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median
income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 8.
Section 987.011 is added to the Military and Veterans Code, to read:987.011.
(a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met:(A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation.
(B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility.
(2) For purposes of this
subdivision, “negative actions” include, but are not limited to, both of the following:
(A) Issuing negative points on a current or future application.
(B) Imposing a financial penalty.
(b) If an agreement between the owner or management agent and the authority or the departments restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy
the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met:
(1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The tenant self-certified household income at no more than 30 percent of the area median income.
(3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements.
(4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit.
(5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households.
(6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility.
(c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development.
(2) Tenant self-certified date of birth shall be accepted so long as the agreement
between the department and the owner does not impose age-based demographic targeting requirements.
(3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level.
(4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area
median income.
(d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed.
