Reference
From CahlpWiki
A variety of authorities relating to affordable housing in California are collected here.
Contents |
Redevelopment ERAF Funds
The Sacramento County Superior Court determined in California Redevelopment Association v. Genest that the act of the Legislature requiring all redevelopment agencies to divert tax increment funds to schools is unconstitutional. In its April 30, 2009 opinion, the Court reasoned that the schools which benefited from the diversion of money to the Educational Revenue Augmentation Fund (ERAF) were not necessarily within the redevelopment project areas for which the funds must benefit.
Source of Income Discrimination
The Fair Employment and Housing Act (FEHA) prohibits discrimination based on source of income. See Cal. Gov't Code Section 12955, et seq. Connecticut Supreme Court cases have found that such language prohibits discrimination against Section 8 voucher holders. See Commission on Human Rights and Opportunities v. Sullivan, No. 17594, 2008 WL 123996 (Conn.), January 22, 2008, Commission on Human Rights and Opportunities v. Sullivan Associates, 250 Conn. 763, 739A.2d 238 (1999). California courts have yet to adopt this view.
Relocation Assistance Is Not Income
Generally, relocation assistance payments paid pursuant California and federal law are not income for the purposes of taxation and payments of public assistance. See Cal. Gov't Code Section 7269; 49 CFR Sec. 24.209. The exemption depends on the source of the relocation benefits. CAHLP has prepared a chart summarizing the relevant statutes for various benefits programs. A relocation assistance firm, Associated Right of Way, has prepared a notice to displaced occupants that summarizes the tax consequences. Wherever possible if the Uniform Relocation Act (URA)[1] or the California Relocation Assistance Act (CRAA) apply, relocation benefits should be expressly characterized in any award or settlement agreement as being provided pursuant to URA and CRAA which statutes would preclude the IRS or public benefits agency from counting them as income. The forgoing should not be used as legal advice, rather clients should always be advised to seek advice from a tax lawyer.
Notes
1Note, the URA offers an option of fixed moving expenses, set by schedule published in the federal register, for example the rates effective August 2008.
Housing Element Reference
Adequate Sites
In order for a particular site to be 'adequate' according to the terms of housing element law, Gov't Code §§ 65583, 65583.2, the element must identify adequate sites. See Housing Element Manual, Chapter III, Part D.2. According to the Court of Appeal, an adequate and "available" site:
- is one available for immediate development, which is located within reasonable access to public agencies and transportation services; will not require unusually high site development costs; has available public services and facilities; is consistent with the General Plan designation and site zoning so as to permit development of, conversion to or use of, a shelter or transitional housing without undue regulatory approval; and is consistent with applicable parking requirements, fire regulations and design standards.
Hoffmaster v. City of San Diego (1997) 55 Cal.App.4th 1098, 1112-13.
Housing Element Cases
In ruling on an anti-NIMBY case, the Sonoma County Superior Court includes a treatment of a challenge to the County's housing element law in a its tentative decision in September 2008.
Consequences for failure to adopt an adequate element
A city or county that does not have HCD approval for its housing element will lose access to certain funding. HCD published a summary of funding available with an approved housing element.
There are also legal consequences for failure to obtain HCD review and approval of the housing element. Courts may impose a moratorium on development in the context of litigation to invalidate the element, and individual developments may be challenged as inconsistent with the municipality's general plan where the housing element is inadequate. These consequences are further described in CAHLP's housing element manual.
Income Level Reference
Find current monthly renal amounts for each of these affordability categories, and maximum income levels at the California Tax Credit Allocation web site.
| Classifications of Household Incomes For Actual Income Limits by Category and County, see 25 Cal. Code Regs § 6932 | ||
|---|---|---|
| Category | Statutory/Regulatory Citation | Definition |
| Extremely Low Income Households | Cal. Health & Safety Code §50106; 25 CA Code of Regs. § 6928, 6932 and Dept. of Treasury Charts | • Persons and families whose incomes do not exceed the qualifying limits for extremely low income families as established time to time pursuant 24 CFR § 5.603(b)
• Income limits defined by Cal. Code Regs. § 6928 and category income limits published in chart at 25 Cal. Code Regs § 6932 • This category of households is also included and considered part of the of “lower income households” category defined below |
| Very Low Income Households | Cal. Health & Safety Code §50105; 25 CA Code of Regs. § 6928, 6932 and Dept. of Treasury Charts | • Persons and families whose incomes do not exceed the qualifying limits for very low income families as established time to time pursuant to Section 8 of the US Housing Act of 1937
• Income limits defined by Cal. Code Regs. § 6928 and category income limits published in chart at 25 Cal. Code Regs § 6932 • This category of households also includes “extremely low income households” (as defined by § 50106 above) |
| Lower Income Households | Cal. Health & Safety Code §50079.5; 25 CA Code of Regs. § 6928, 6932 and Dept. of Treasury Charts | • Persons and families whose incomes do not exceed the qualifying limits for very low income families as established time to time pursuant to Section 8 of the US Housing Act of 1937
• This category also includes “very low income households” and “extremely low income households” (§§ 50105-50106) as defined above. • Income limits defined by Cal. Code Regs. § 6928 and category income limits published in chart at 25 Cal. Code Regs § 6932. |
| Persons and Families of Low or Moderate Income | Cal. Health & Safety Code §50093; 25CCR § 6930, 6932 and Dept. of Treasury Charts | • Persons and families whose income does not exceed 120% of area median income, adjusted for family size
• This category also includes families and persons of all categories defined above, namely: extremely low income (§ 50106), very low income (§50105) and lower income (§ 50079.5) • “Persons and families of moderate income” or “middle income families” means those whose income exceeds the income limit for lower income households. • “Moderate” is further defined in 25 CCR § 6939 as persons and families who are not lower income households and whose gross income does not exceed 120% of the area median income. • Income limits defined by Cal. Code Regs. § 6928 and category income limits published in chart at 25 Cal. Code Regs § 6932. |
