Defining Assisted Housing Developments or At-Risk Units

For the purpose of housing-element law, assisted housing developments (or at-risk units) are defined as multifamily, rental housing complexes that receive government assistance under any of the federal, state, and/or local programs (listed below) or any combination of rental assistance, mortgage insurance, interest reductions, and/or direct loan programs and are eligible to convert to market-rate units due to termination (opt-out) of a rent subsidy contract, mortgage prepayment, or other expiring use restrictions within 10 years of the beginning of the housing-element planning period.

Assisted Housing Developments (Government Code Section 65863.10)

“Assisted housing development" means a multifamily rental housing development that receives governmental assistance under any of the following programs:

1. New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance, under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. Sec. 1437f).
2. The following federal programs:
   1. The Below-Market-Interest-Rate Program under Section 221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715l(d)(3) and (5)).
   2. Section 236 of the National Housing Act (12 U.S.C. Sec. 1715z-1).
   3. Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701q).
3. Programs for rent supplement assistance under Section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. Sec. 1701s).
4. Programs under Sections 514, 515, 516, 533, and 538 of the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
5. Section 42 of the Internal Revenue Code.
6. Section 142(d) of the Internal Revenue Code (tax-exempt private activity mortgage revenue bonds).
7. Section 147 of the Internal Revenue Code (Section 501(c)(3) bonds).
8. Title I of the Housing and Community Development Act of 1974, as amended (Community Development Block Grant program).
9. Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended (Home Investment Partnerships Program).
10. Titles IV and V of the McKinney-Vento Homeless Assistance Act of 1987, as amended, including the federal Department of Housing and Urban Development's Supportive Housing Program, Shelter Plus Care program, and surplus federal property disposition program.
11. Grants and loans made by the Department of Housing and Community Development, including the Rental Housing Construction Program, California Housing Rehabilitation Program - Rental CHRP-R, and other rental housing finance programs.
12. Chapter 1138 of the Statutes of 1987.
13. The following assistance provided by counties or cities in exchange for restrictions on the maximum rents that may be charged for units within a multifamily rental housing development and on the maximum tenant income as a condition of eligibility for occupancy of the unit subject to the rent restriction, as reflected by a recorded agreement with a county or city:
    1. Loans or grants provided using tax increment financing pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
    2. Local housing trust funds, as referred to in paragraph (3) of subdivision (a) of Section 50843 of the Health and Safety Code.
    3. The sale or lease of public property at or below market rates.
    4. The granting of density bonuses, or concessions or incentives, including fee waivers, parking variances, or amendments to general plans, zoning, or redevelopment project area plans, pursuant to Chapter 4.3 (commencing with Section 65915).