2005 California Health and Safety Code Sections 37000-37002 PART 8. PUBLIC HOUSING ELECTION IMPLEMENTATION LAW

37000.  The Legislature finds and declares that Article XXXIV of the
State Constitution was approved by the voters for the purpose of
providing a mechanism for expressing community concern regarding the
development, acquisition, or construction of federally subsidized
conventional public housing projects.  Such developments typically
were different from and inconsistent with housing developments
provided by the private sector.  Such differences included
architecture, design, and locational standards as well as the level
of amenities provided.  Such developments were occupied entirely by
persons of low income, and usually were not subject to ad valorem
property taxes.
   The Legislature finds and declares that new forms of housing
assistance can provide housing for persons of low income in a manner
consistent with and supportive of optimum community improvement.
Such forms of housing assistance may allow for mixed income occupancy
in developments representative of and competitive with similar
market rate developments provided by the private sector.  Such mixed
income developments are frequently comparable to market rate projects
in terms of architecture, design, and locational standards as well
as the level of amenities provided, and may be subject to ad valorem
property taxes.
   Recognizing that new forms of housing assistance provide new
approaches for housing persons of low income, it is the intent of the
Legislature in enacting Sections 37001, 37001.  3, and 37001.5 to
clarify ambiguities relating to the scope of the applicability of
Article XXXIV which now exist.  Therefore, and pursuant to Section 2
of Article XXXIV, this part is enacted in order to facilitate the
operation of Article XXXIV and is consistent with the provisions of
that article.
   The terms "state public body" and "persons of low income" as used
in this part have the same meaning as in Article XXXIV.
37001.  The term "low-rent housing project," as defined in Section 1
of Article XXXIV of the California Constitution, does not apply to
any development composed of urban or rural dwellings, apartments, or
other living accommodations, which meets any one of the following
criteria:
   (a) (1) The development is privately owned housing, receiving no
ad valorem property tax exemption, other than exemptions granted
pursuant to subdivision (f) or (g) of Section 214 of the Revenue and
Taxation Code, not fully reimbursed to all taxing entities; and (2)
not more than 49 percent of the dwellings, apartments, or other
living accommodations of the development may be occupied by persons
of low income.
   (b) The development is privately owned housing, is not exempt from
ad valorem taxation by reason of any public ownership, and is not
financed with direct long-term financing from a public body.
   (c) The development is intended for owner-occupancy, which may
include a limited equity housing cooperative as defined in Section
50076.5, or cooperative or condominium ownership, rather than for
rental-occupancy.
   (d) The development consists of newly constructed, privately
owned, one-to-four family dwellings not located on adjoining sites.
   (e) The development consists of existing dwelling units leased by
the state public body from the private owner of these dwelling units.
   (f) The development consists of the rehabilitation,
reconstruction, improvement or addition to, or replacement of,
dwelling units of a previously existing low-rent housing project, or
a project previously or currently occupied by lower income
households, as defined in Section 50079.5.
   (g) The development consists of the acquisition, rehabilitation,
reconstruction, improvement, or any combination thereof, of a rental
housing development which, prior to the date of the transaction to
acquire, rehabilitate, reconstruct, improve, or any combination
thereof, was subject to a contract for federal or state public body
assistance for the purpose of providing affordable housing for
low-income households and maintains, or enters into, a contract for
federal or state public body assistance for the purpose of providing
affordable housing for low-income households.
37001.3.  The maximum income of "persons of low income," as
determined by the state public body, developing, constructing, or
acquiring the property, for purposes of Section 1 of Article XXXIV of
the State Constitution, shall not exceed the maximum income of lower
income households, as defined in Section 50079.5.
37001.5.  The words "develop, construct, or acquire," as used in
Section 1 of Article XXXIV of the State Constitution, shall not be
interpreted to apply to activities of a state public body when such
body does any of the following:
   (a) Provides financing, secured by a deed of trust or other
security instrument to a private owner of existing housing; or
acquires a development, for which financing previously has been
provided, as a temporary measure to protect its security and with an
intention to change the ownership so that it will not continue to be
the owner of a low-rent housing project.
   (b) Acquires or makes improvements to land which is anticipated to
be sold, ground leased, or otherwise transferred to a private owner
prior to its development as a low-rent housing project, provided (1)
the land and improvements thereon are not subject to an exemption
from property taxation by reason of public ownership for more than
five years following acquisition or improvement by the state public
body, or (2) such an exemption from property taxation persists beyond
the five-year period and no alternative use is designated for the
land or improvements, but any property tax revenues lost by affected
taxing agencies on account of the exemption of land or improvements
from property taxes by reason of public ownership of the property, or
any interest in the property after the five-year period, are fully
reimbursed by payments in lieu of taxes following the expiration of
the five-year period.
   (c) Leases existing dwelling units from the private owner of such
units, provided the lease or a subtenancy thereunder does not result
in a decrease of property tax revenues with respect to the dwelling
units leased.
   (d) Provides assistance to the private owner or occupant of
existing housing which enables an occupant to live in decent, safe,
and sanitary housing at a rent he or she can afford to pay.
   (e) Provides assistance to a low-rent housing project and monitors
construction or rehabilitation of such project and compliance with
conditions of such assistance to the extent of:
   (1) Carrying out routine governmental functions.
   (2) Performing conventional activities of a lender.
   (3) Imposing constitutionally mandated or statutorily authorized
conditions accepted by a grantee of assistance.
   (f) Provides assistance to a development prior to its becoming a
low-rent housing project without intending or expecting that the
development will become a low-rent housing project, as defined.
   (g) Provides financing for a low-rent housing project pursuant to
Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31.
37002.  If any provision of this part or the application thereof to
any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the part which can be
given effect without the invalid provision or application, and to
this end the provisions of this part are severable.