2005 California Health and Safety Code Sections 52010-52016 CHAPTER 2. DEFINITIONS

52010.  Unless otherwise indicated by the context, the definitions
contained in this chapter shall govern the construction of this part.
  The definitions contained in Chapter 2 (commencing with Section
50050) of Part 1 of this division shall not be applicable to this
part, except as expressly and otherwise provided.
52011.  "Bonds" means the revenue bonds authorized under this part
and includes notes and any and all other limited obligations or
evidences of indebtedness payable as provided in this part.
52011.5.  "City" or "county" includes a city and county and also
includes any agency created by a joint powers agreement under Article
1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title
1 of the Government Code entered into by cities or counties, or
both, for the express purpose of the joint exercise of their powers
under this part.
52012.  "Home" means real property and improvements thereon
consisting of a single dwelling unit and which is owned by a
mortgagor who occupies or intends to occupy the unit.  "Home"
includes an owner-occupied condominium unit, a unit in a stock
cooperative where the occupant is a shareholder, and any dwelling
structure consisting of two-, three-, or four-family dwelling units,
one unit of which is occupied by the owner of the units, and, which
units were first occupied as homes at least five years before the
mortgage with respect to the owner-occupied unit is executed.
52012.5.  For purposes of this chapter, "first-time homebuyer" means
a person who is a purchaser of an owner-occupied housing unit and
who neither has, nor has had, a present ownership in a principal
residence at any time during the three-year period prior to the date
on which the mortgage governed by this chapter is executed.
   Criteria established pursuant to subdivision (c) of Section
52020.5 shall include criteria for qualification of first-time
homebuyers which need not include the criteria required for
qualification of other mortgagors as set forth in subdivision (d) of
Section 52020.5.
52013.  "Home mortgage" or "mortgage" means an interest-bearing loan
made as provided in this part to a mortgagor, whether originated in
the manner provided in subdivision (a) or (b) of Section 52020, which
is evidenced by a promissory note and secured by a mortgage, deed of
trust, or other security instrument on a home, and which may but is
not required to be additionally secured by insurance on the payment
of such note, for the purpose of purchasing, constructing, or
improving a home which meets either of the following criteria:
   (a) Is newly constructed or is being rehabilitated and which, in
either case, is located within an area or neighborhood in which the
city or county is conducting a housing rehabilitation or code
enforcement program; a neighborhood preservation area or concentrated
rehabilitation area designated pursuant to this division; an area
for which federal funds are being made available; a renewal area as
defined in Section 33702; or a residential rehabilitation areas as
defined in Section 37912; provided, however, that a loan may be made
for the purchase of a newly constructed home anywhere within the city
or county if the purchase is in connection with a program adopted by
ordinance of the city or county the purpose of which is to increase
the housing supply.
   (b) Is a home upon which no rehabilitation is being undertaken in
connection with any financing pursuant to this part, where the
purchaser will not be the first occupant and which is located within
the city or county making or purchasing the home mortgage.
   A "home mortgage" or "mortgage" shall not include a loan to a
mortgagor for the purpose of refinancing an existing obligation of
the mortgagor, unless substantial rehabilitation is to be undertaken
in connection with such loan.
52013.5.  (a) "Home mortgage" or "mortgage" means an
interest-bearing loan made as provided in this part to a mortgagor,
whether originated in the manner provided in subdivision (a) or (b)
of Section 52020.5, which is evidenced by a promissory note and
secured by a mortgage, deed of trust, or other security instrument on
a home, and which may, but is not required to be, additionally
secured by insurance on the payment of that note, for the purpose of
purchasing, constructing, or improving a home which meets either of
the following criteria:
   (1) Is newly constructed or is being rehabilitated and which, in
either case, is located within an area or neighborhood in which the
City of Gardena is conducting a housing rehabilitation or code
enforcement program; a neighborhood preservation area or concentrated
rehabilitation area designated pursuant to this division; an area
for which federal funds are being made available; a renewal area as
defined in Section 33702; or a residential rehabilitation area as
defined in Section 37912; provided, however, that a loan may be made
for the purchase of a newly constructed home anywhere within the City
of Gardena if the purchase is in connection with a program adopted
by ordinance of the City of Gardena the purpose of which is to
increase the housing supply.
   (2) Is a home upon which no rehabilitation is being undertaken in
connection with any financing pursuant to this part, where the
purchaser will not be the first occupant and which is located within
the City of Gardena.
   (b) "Home mortgage" or "mortgage" includes a loan made as provided
in this part to a first-time homebuyer, as defined in Section
52012.5, which provides for the following terms:
   (1) The purchaser shall make an initial payment of at least 5
percent of the selling price of the property.
   (2) The balance of the purchase price may be amortized over a
period fixed by the City of Gardena not exceeding 50 years, together
with interest thereon at the rate as determined by the City of
Gardena for amortization purposes.
   (3) The City of Gardena may, in order to allow the buyer to
purchase the home selected without incurring excessive monthly
payments, at the time of initial purchase, postpone  the commencement
of any portion of the payments for not to exceed five years.  In
accordance with previously established criteria for these
determinations, that the buyer's income can reasonably be expected to
increase sufficiently within the five-year period to make the
transition to fully amortized principal and interest payments.
   (4) The total term of the contract of purchase shall not exceed 40
years.  The purchaser on any installment date may pay any or all
installments still remaining unpaid.
   (5) In any individual case the City of Gardena may for good cause
postpone from time to time as the City of Gardena deems proper, the
payment of the whole or any part of any installment of the purchase
price or interest thereon.
   (c) A "home mortgage" or "mortgage" shall not include a loan to a
mortgagor for the purpose of refinancing an existing obligation of
the mortgagor, unless substantial rehabilitation is to be undertaken
in connection with that loan.
52014.  "Lending institution" means any bank, trust company, savings
bank, national banking association, savings and loan association,
building and loan association, mortgage banker, or other financial
institution or governmental agency which customarily provides service
or otherwise aids in the financing of home mortgages, or any holding
company for any of the foregoing.
52015.  "Mortgagor" means a person or persons who have received a
home mortgage on a home and who are deemed by a city or county
conducting a program under this part to be a person or family of low
or moderate income and unable to pay the amounts at which unassisted
private enterprise is providing suitable, decent, safe, and sanitary
housing.
52015.5.  "Mortgagor" means a person or persons who have received a
home mortgage on a home and who are deemed by the City of Gardena
under this part to be either a person or family of low or moderate
income or a first-time homebuyer, who is unable to pay the amounts at
which unassisted private enterprise is providing suitable, decent,
safe, and sanitary housing.
52016.  "Person" means any individual, partnership, copartnership,
firm, company, corporation, limited liability company, lending
institution, association, joint stock company, trust, estate,
political subdivision, state agency or any other legal entity, or its
legal representatives, agents or assigns.