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California Code, Health and Safety Code - HSC § 54931

Current as of January 01, 2025 | Updated by Findlaw Staff

<For operative date of Chapter 2, see § 54932.>

For the purposes of this chapter, the committee has all of the following powers:

(a) To sue and be sued in its own name.

(b) To have an official seal and to alter it at its pleasure.

(c) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions.

(d) To employ architects, planners, engineers, attorneys, accountants, experts in housing construction, management and finance, and any other advisers, consultants, and agents necessary for the performance of its functions and to fix their compensation in accordance with applicable law.

(e) To provide advice, technical information, and consultative and technical services as provided in this chapter.

(f) To establish, revise from time to time, and charge and collect fees and charges for services provided pursuant to this chapter.

(g) To accept gifts, grants, or loans of funds or property, or financial or other aid, from any federal or state agency or private source and to comply with conditions thereof not contrary to law.

(h) To enter into agreements or other transactions with any governmental agency, including an agreement for administration of a housing or community development program of the governmental agency by the committee, or for administration by another governmental agency of a program of the committee, either in whole or in part.

(i) To enter into any agreements and perform any acts necessary to obtain subsidies for use in connection with the exercise of powers and functions of the committee, and to transfer those subsidies to others as required by the agreement.

(j) To appear on its own behalf before boards, commissions, departments, or other agencies of local, state, or federal government.

(k) To establish any regional offices necessary to effectuate the committee's purposes and functions.

(l) To acquire real or personal property, or any interest therein, on either a temporary or long-term basis, in its own name by gift, purchase, transfer, foreclosure, lease, option, or otherwise, including easements or other incorporeal rights in property.

(m) To provide bilingual staff in connection with services of the committee and make available committee publications in a language other than English when necessary to effectively serve groups for which the services or publications are made available.

(n) To do any and all things necessary to carry out its purposes and exercise the powers expressly granted by this chapter.

(o)(1) To sell real property acquired by the committee in a foreclosure, by deed in lieu of foreclosure, or sale under a power of sale on a deed of trust, lien, or by exercise of any other security interest on real property securing repayment of a loan or performance under a grant or loan made by the committee.  Real property so acquired shall be sold for market value and sale proceeds shall be placed in the fund from which the secured loan or grant was made.

(2) The committee may establish terms, conditions, and restrictions for the sale of real property, including a requirement that the real property be used for housing for persons and families of low or moderate income, and those terms, conditions, and restrictions shall be set forth in the deed or other instrument of conveyance.

(3) The committee may conduct the sale, utilize the assistance of any local public agency authorized to conduct sales of real property, contract with a licensed real estate broker to conduct the sale, or utilize other reasonable marketing methods if the committee determines that one of these options will result in a more prompt or cost-efficient sale.

(4) If the executive director offers to sell residential real property directly pursuant to this subdivision, the committee shall close escrow within 120 days after both of the following have occurred:  a qualified buyer has received approval of the committee, and the buyer has obtained adequate financing for the purchase.  If the deadline set forth in this paragraph is not met, the executive director shall employ a licensed real estate broker in connection with the proposed sale.  The committee may exceed the time requirements of this paragraph if the executive director finds that this is necessary due to factors outside the control of the committee, including death of the buyer, inability of the borrower to qualify for financing from a lender, substantial damage to the property resulting from a natural disaster or other act of God, or extraordinary procedural requirements or conditions imposed by the lender or title and escrow company.

(5) The executive director shall perform all of the actions specified in subparagraphs (A), (B), and (C) within 30 days after both of the following have occurred:  a qualified buyer has received approval of the committee, and the buyer has obtained adequate financing for the purchase.

(A) Identify repair work needed to be performed on the property.

(B) Cause an appraisal of the property to be completed.

(C) Determine whether it is appropriate to rent the property until it is sold.

(6) Sales of real property made pursuant to this section are not subject to the requirements of Sections 11011 and 11011.1 of the Government Code.

(7) Failure to comply with this subdivision does not invalidate any right, title, or interest acquired by a bona fide purchaser or encumbrancer for value.

(p)(1) Where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the requirements of any state financing being provided to a housing development by the committee, the requirements of financing provided by the committee, including state statutory requirements, may be modified as necessary to ensure program compatibility.  Where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity legal structure or agency create minor inconsistencies, as determined by the executive director of the committee, the committee may waive the requirements of the financing provided by the committee, including state statutory requirements, as deemed necessary, to avoid an unnecessary administrative burden.

(2) Matters that may be waived or modified pursuant to paragraph (1) include, but are not limited to, all of the following:

(A) Instrument recordation requirements.

(B) Security requirements for state financing provided pursuant to committee programs.

(C) Title insurance requirements.

(D) Target population percentage requirements.  A change of target population based on income shall not be of more than one category of income between extremely low, very low, lower, and moderate-income households, as those terms are defined in Chapter 2 (commencing with Section 50050).

(E) Affordability levels and unit mix requirements.  A waiver for affordability levels shall not be of more than one category of income between extremely low, very low, lower, and moderate-income households, as those terms are defined in Chapter 2 (commencing with Section 50050).

(F) Any matter not expressly or objectively set forth in statute, but is set forth with specificity in guidelines or regulations promulgated by the committee.

(G) Timeline requirements.

(H) Service area requirements.

(I) Fund matching requirements.

(J) Shovel-ready project requirements.

(K) Requirements related to housing elements and housing plans.

(L) Income limits.

(M) Form of funding provided, including, but not limited to, a grant or a loan.

(N) Phase of funding, including, but not limited to, predevelopment, construction, or permanent financing.

(O) Requirements regarding infill location and density.

(3) Any standard requirements or general rules of application that the committee develops or implements to carry out modifications or waivers set forth in this subdivision shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Divisions 3 of Title 2 of the Government Code.

(4) Repayment of principal and interest on loans made by the committee to tribal sponsors shall be deferred for the full term of the loan.

(5) The committee shall forgive loans made by the department to tribal sponsors if all conditions for the loans have been satisfied.

(6) The committee shall consult with the Department of Housing and Community Development to ensure alignment in program requirements and coordination with tribes.

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Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 54931 - last updated January 01, 2025 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-54931/

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