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Housing Law | Issues
  • Code Enforcement
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  • Fair Housing | Accessibility
  • Floating Homes
  • Foreclosure
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  • Housing Element
  • Landlord | Tenant
  • Lead Abatement
  • Mobilehomes
  • NIMBYism
  • Predatory Lending
  • Preservation of Government-subsidized Housing
  • Recreational Vehicles (RVs)
  • Redevelopment
  • Relocation
  • Transitional | Supportive Housing
  • Zoning | Inclusionary Zoning

Code Enforcement

  • California State Housing Law: Codes and Standards @ California Housing & Community Development (HCD)
  • Displacement and relocation benefits due to code enforcement activity (Health & Safety Code § 17975 et seq.)
  • Rebuttable presumption of violation of warranty of habitability upon code enforcement citation (go to Civil Code §§ 1942.3 and 1942.4)

Community Care Facilities

  • Eviction Rights of Community Care Facilities Residents (June 2006) @ Protection & Advocacy, Inc. (PAI)
  • California Community Care Facilities Act (Health & Safety Code § 1500 et seq.)
  • Residential Care Facilities for the Elderly (RCFE) - facilities for individuals 62 years or older.
    • RCFE Statute (Health & Safety Code § 1569 et seq.)
  • Residential Care Facilities for the Chronically Ill (RCFCI) - facilities for persons with AIDs or HIV.
    • RCFCI Statute (Health & Safety Code § 1568.01 et seq.)

Community Reinvestment Act (CRA)

  • CRA Regulations (12 CFR § 25) @ Office of the Comptroller of Currency (OCC); e-CFR version also available.
    • See also CRA Interpretations
    • See also Interagency CRA Questions and Answers
  • General Information about CRA - several sources provide a brief overview of CRA:
    • National Community Reinvestment Coalition (NCRC)
    • Office of the Comptroller of the Currency (OCC)
  • Websites of CRA Regulators
    • Federal Deposit Insurance Corporation (FDIC) - also regulates state-chartered banks.
    • Federal Financial Institutions Examination Council (FFIEC) - for information on all federally-regulated financial institutions.
    • Federal Reserve Board - regulates state-chartered banks.
    • Office of the Comptroller of the Currency (OCC) - agency with responsibility for regulating national banks.
    • Office of Thrift Supervision - agency responsible for regulating savings banks and S&Ls.

  • CRA Ratings @ FFIEC - search here for any regulated institution's rating.
  • Home Mortgage Disclosure Act: On-line Reports @ FFIEC
  • National Community Reinvestment Coalition - excellent source for current information on legislation and policy from the national CRA advocacy group.

Floating Homes

  • Definition of "Floating Home" (go to Health & Safety Code § 18075.55)
  • Floating Home Residency Law (see generally, Civil Code § 800 et seq.)
    • General Provisions and Definitions (Civil Code §§ 800-800.9)
    • Rental Agreement (Civil Code §§ 800.20-.26)
    • Rules and Regulations (Civil Code §§ 800.30-.37)
    • Fees, Charges, Notice of Rent Increase and Security Deposits (Civil Code §§ 800.40-.50)
    • Homeowner Meetings (Civil Code §§ 800.60-.61)
    • Termination of Tenancy (Civil Code §§ 800.70-.75)
    • Transfer of Floating Home (Civil Code §§ 800.80-.91)
    • Transfer of Floating Home Marina - Notice to Resident Organization (Civil Code § 800.100)
    • Attorney's Fees (Civil Code § 800.200)
    • Improper Maintenance of Physical Improvements in Common Facilities as Public Nuisance (Civil Code § 800.201)
    • Cooperatives and Condominiums (Civil Code §§ 800.300-.306)

Foreclosure

  • California Foreclosure Statutes (Civil Code §§ 2920-2944.5)
  • Home Equity Sales Contract Act (HESCA)(Civil Code §§ 1695 - 1695.17)
  • Mortgage Foreclosure Consultant Act (MFCA)(Civil code §§: 2945 - 2945.11
  • FHASecure - temporary federal program (though December 31, 2008) to assist qualified homeowners in delinquency due to converting adjustable rate mortgages.
  • How to Avoid Foreclosure @ HUD
  • Rural Housing Services Single Family Loan and Grant Foreclosure Procedures and Protections (Handbook 1-3550 Appendix 1; see, section 3550.69 for deferred payments, 3550.207 for payment moratoriums, 3550.208 for loan reamortization, and 3550.211 for liquidation)

Homelessness

  • Corporation for Supportive Housing - resource for supportive housing sponsors and public policy on homelessness issues.
  • Homeless Assistance @ HUD
    • Homeless Assistance Programs
    • Homeless Management Information Systems (HMIS)
      • HMIS Final Rule
  • HOMEBASE - Center for Common Concerns
    • Publications
  • National Coalition for the Homeless (NCH)
    • Fact Sheets about Homelessness
  • National Law Center on Homelessness and Poverty - legal, public policy and educational resources on homelessness issues.

Housing Element

  • California Housing Element Statutes
    • Adoption, HCD Review and Approval Processes (Government Code §§ 65580- 65589.8
    • Statute of Limitations (go to Government Code § 65009)
    • Writ Procedures (Government Code §§ 65750-63
    • Housing Element Legislation Summaries @ California Housing Law Project
  • California Anti-NIMBY Statute (go to Government Code § 65589.5)

  • California Department of Housing and Community Development (HCD) - agency charged with reviewing local housing elements.
    • Building Blocks for Effective Housing Elements
    • Housing Elements - includes helpful Q&A guidebook on housing element components.
    • Housing Element Compliance Report (Status List)
    • Housing Element Review Letters
    • Housing Resource Center - good source for housing-related publications of HCD.
    • NIMBY Resources - resources and tools re "Not in My Back Yard" (NIMBY) concerns about housing and especially affordable and/or high density housing.
    • Revised Housing Element Update Schedule - find out when your local city or county must update its housing element.
  • California Anti-NIMBY Tools Sheet @ California Housing Law Project
  • Councils of Government covering LSNC Service Area
    • Association of Bay Area Governments (ABAG)
      • Regional Housing Needs Determination (RHND) - covering Bay Area region including Solano County.
    • Sacramento Area Council of Governments (SACOG)
      • Regional Housing Needs Plan
  • Housing Element Law - Fact Sheet (2005) @ California Housing Law Project
  • Housing Element Law Overview (2nd Edition: February 2007) @ Public Interest Law Project / California Affordable Housing Law Project - 93-page overview of housing element law.
  • Housing Element Resources @ Institute for Local Government
  • SB 520 - Planning Obligations for Persons with Disabilities
    • Guidance on SB 520 Compliance @ HCD
    • Letter to all California Mayors re Adoption of a Reasonable Accommodation Procedure (May 15, 2001) from Bill Lockyer, California Attorney General

Landlord | Tenant

  • California Tenants: A Guide to Residential Tenants and Landlords Rights and Responsibilities (2006, with 2007 updates)
    • also available in Spanish version.
  • California Department of Consumer Affairs
    • How to Get Back Possessions You Have Left in a Rental Unit
    • Rent Increases: Basic Information for Tenants
  • Landlord | Tenant @ California Courts Self Help Center
  • Local Tenant Rights, Laws and Protections (California) @ HUD
  • Using Consumer Reports: What Landlords Need to Know @ Federal Trade Commission (FTC) - how the Fair Credit Reporting Act applies to landlords, and its requirements, which go beyond the California state law regarding landlord use of credit reports, Civil Code § 1950.6, e.g., requiring specific notice when a tenant is denied rental because of information in a credit report.
  • What Should I Know Before I Rent? @ California Bar
    • also available in Spanish.

Lead Abatement

  • Alliance for Healthy Homes - national group dedicated to ending childhood lead poisoning.
  • California Childhood Lead Poisoning Prevention Branch @ California Department of Health Services (CDHS)
  • HUD Memo re Lead-Based Paint and the Fair Housing Act @ National Fair Housing Advocate
  • HUD Office of Healthy Homes and Lead Hazard Control - extensive information on hazards of lead poisoning and lead-based paint abatement.
  • Lead Poisoning Prevention Information and Policy Pieces @ Western Center on Law and Poverty
    • Healthy Homes Publications
  • Lead Statutes and Regulations | Support Documents @ HUD

Mobilehomes

  • Mobilehome Residency Law (Civil Code § 798 et seq.)
    • General (§§ 798-798.14)
    • Rental Agreement (§§ 798.15-.23.5)
    • Rules and Regulations (§§ 798.24-.29.5)
    • Fees and Charges (§§ 798.30-.44)
    • Rent Control (§§ 798.45-.49)
    • Homeowner Communications and Meetings (§§ 798.50-.52)
    • Homeowners Meetings with Management (§§ 798.53)
    • Termination of Tenancy (§§ 798.55-.61)
    • Transfer of Mobilehome or Mobilehome Park (§§ 798.70-.83)
    • Actions, Proceedings and Penalties (§§ 798.84-.88)
    • Subdivisions, Cooperatives and Condominiums (§§ 799-799.9)
  • Park Closing or Conversion - relocation impact report/mitigation requirement (see Government Code § 65863.7)
  • Option to purchase prior to conversion (see Government Code § 66427.5)
  • Guide for Residents Purchasing Their Mobilehome Park: Answers to Residents' Questions - @ California Department of Real Estate - also available in PDF format.
  • Mobilehome Resources @ California Housing & Community Development (HCD)
    • Mobilehome Parks Program - source for mobilehome codes, regs and related standards.
    • Office of the Mobilehome Ombudsman - primarily assists the public with questions or problems associated with various aspects of manufactured home (mobilehome) living.
    • Registration and Titling Program - get Public Use forms here.

NIMBYism

  • California Anti-NIMBY Statutes
    • Government Code § 65008
    • Government Code § 65589.5
  • California Anti-NIMBY Tools Sheet @ California Housing Law Project
  • NIMBY Resources @ California Housing & Community Development (HCD) - resources and tools re "Not in My Back Yard" (NIMBY) concerns about housing and especially affordable and/or high density housing.
  • NIMBY Report @ Building Better Communities Network

Predatory Lending

  • Don't Be a Victim of Loan Fraud: Protect Yourself from Predatory Lenders @ HUD
  • Fair Lending @ National Community Reinvestment Coalition (NCRC)
  • Home Mortgages: Understanding the Process and Your Right to Fair Lending @ Federal Reserve Board
  • Predatory Lending Brochure @ National Credit Union Administration
    • Spanish-language version
  • Predatory Lending Prevention @ California Department of Real Estate - available in three languages.
  • Predatory Lending - Public Service Announcements (PSAs) @ Ad Council

Preservation of Government-subsidized Multifamily Housing

  • California Debt Limit Allocation Committee (CDLAC) @ California State Treasurer - administers the residential rental housing bond program, among others.
  • California Housing Partnership Corporation - state-funded organization providing technical assistance and data for affordable housing developers, government officials and housing advocates seeking to preserve existing affordable housing.
  • Housing Preservation @ National Housing Law Project - links to spot-on housing preservation statutes, regs, briefs and articles.
    • California Notice of Subsidy Termination Statutes (Government Code §§ 65863.10-.11); alternative Government Code §§ 65863.10-.11 @ California Legislative Counsel
    • Enhanced Vouchers - overview, laws, regulations, HUD notices, cases and other authorities.
  • Low Income Housing Tax Credit (LIHTC) - subsidy program protected under the California notice laws at Government Code §§ 65863.10-.11 found in many developments at risk of converting to market rate rent; also an important funding resource for affordable housing developers desiring to purchase housing at risk of conversion and keeping the housing affordable.
  • Preservation of Affordable Multifamily Housing Stock @ California Housing and Community Development - includes model notices and checklists.

Recreational Vehicles (RVs)

  • Recreational Vehicle Park Occupancy Law (see generally, Civil Code §§ 799.20-79)
    • Definition of "Recreational Vehicle" (go to: Health & Safety Code § 18010)
    • Other Definitions, including "Occupant", "Tenant" and "Resident" (Civil Code §§ 799.20-.32)
    • General Provisions (Civil Code §§ 799.40-.46)
    • Defaulting Occupants, Notice Provisions, etc. (Civil Code §§ 799.55-.59)
    • Defaulting Tenants, Termination of Tenancy (Civil Code §§ 799.65-.67)
    • Defaulting Residents (Civil Code §§ 799.70-.71)
    • Liens for RVs and Abandoned Possessions (Civil Code § 799.75)
    • Actions and Proceedings, Attorneys' Fees (Civil Code §§ 799.78-.79)

Redevelopment

  • California Redevelopment Association (CRA) - website for association of redevelopment agencies and allied firms.
  • California Redevelopment Statutes (Health & Safety Code § 33330 et seq.)
  • Goldfarb & Lipman Articles - useful articles on redevelopment law including summary of 2006 legislation.
  • Redevelopment Agencies: Reports and Forms @ HCD
  • Redevelopment Resources: Understanding, Monitoring and Enforcing California's Redevelopment Law @ WCLP

Relocation

  • Federal Resources
    • Western Center on Law & Poverty - materials prepared in partnership with the Public Interest Law Project:
      • Application of the Uniform Relocation Act in Hope VI Projects
      • Last Resort Replacement Housing Under Uniform Relocation Act (URA)
      • Memo on Uniform Relocation Act (URA) - final rule published January 4, 2005.
    • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.)
    • HUD Guidance | Information on the Uniform Relocation Act and Real Property Acquisition Policies Act of 1970
    • HUD Handbook 1378: Real Estate Acquisition and Relocation Policy and Guidance
  • California Resources
    • California Department of Transportation (CalTrans)
      • Chapter 10 - Relocation Assistance - CalTrans Right of Way Manual
      • Relocation Assistance Program publications
    • California Housing & Community Development (HCD)
      • Relocation — Chapter 7 of the Contract Management Manual
    • California Relocation Statute (Government Code § 7260 et seq.)
    • Displacement and relocation benefits due to code enforcement activity (Health & Safety Code § 17975 et seq.)
    • Redevelopment Agency Relocation Statute (Health & Safety Code § 33410 et seq.)

Transitional | Supportive Housing

  • Corporation for Supportive Housing
    • Between the Lines: A Question and Answer Guide on Legal Issues in Supportive Housing (California Edition)
  • Supportive Housing Program Regulations (see 25 CCR § 7340 et seq.) @ HCD
  • Supportive Housing Program Resources @ HUD - links to federal SHP laws, regulations and other useful guidance.
  • Transitional Housing Misconduct Forms @ California Judicial Council (select "Transitional Housing Misconduct" from drop-down menu.)
  • Transitional Housing Participant Misconduct Act (Health & Safety Code § 50580 et seq.)
    • General Provisions and Definitions (§§ 50580-82)
    • Temporary Restraining Order and Injunction (§§ 50585-88)
    • Recovery of Dwelling Unit (§§ 50590-91)
  • Transitional Housing Participant Misconduct Act - 38-page PowerPoint by John Gianola; also available in PDF format.

Zoning | Inclusionary Zoning

  • Inclusionary Housing Policy Database @ California Coalition for Rural Housing - first-of-its-kind searchable database containing information on inclusionary zoning policies from more than 130 California jurisdictions; features user-friendly summaries of the key characteristics of each policy and downloadable copies of ordinances and policies.
  • Inclusionary Housing in California: 30 Years of Innovation - comprehensive report by the California Coalition for Rural Housing and the Non-Profit Housing Association of Northern California
  • Inclusionary Housing Resources @ Sacramento Housing Alliance - includes:
    • Inclusionary Housing Guide - details and resources on inclusionary housing policies and practice in the Sacramento region.
  • In Defense of Inclusionary Zoning: Successfully Creating Affordable Housing, 36 University of San Francisco Law Review 971 (Summer 2002) (62 pages)
  • Institute for Local Government
    • Inclusionary Housing Resources
    • Inclusionary Housing Reader
      • Part VI: Sample Annotated Inclusionary Ordinance
  • Western Center on Law & Poverty - prepared in partnership with the California Affordable Housing Project:
    • Inclusionary Zoning: Legal Issues
    • Inclusionary Zoning: Policy Considerations and Best Practices

  • AB 1866 (Wright) - "Second Unit" statute
  • AB 2292 (Dutra) - "Anti-Downzoning" statute
  • California Statute Prohibiting Discrimination Against Affordable Housing (go to Government Code § 65008)
  • Sample Ordinances
    • City of Sacramento
      • Summary of Mixed-Income Housing Ordinance - major highlights of City of Sacramento's recently enacted mixed-income housing ordinance.
      • Low-income Inclusionary Zoning Ordinance (October 3, 2000) - final version of City of Sacramento's recently adopted inclusionary zoning ordinance requiring 10% very low income housing and 5% low or very low income residential housing units in new growth areas.
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