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Six months prior to a scheduled expiration of rental restrictions, prepayment of a federally insured or held mortgage, or anticipated date of the termination of a subsidy contract, the owner of an assisted housing development must provide notice using the HCD-approved form (Gov. Code, § 65863.10, subd. (c)) unless exempt under Government Code section 65863.13.

Notice must be given to:

  1. Every prospective tenant at the time the prospective tenant is interviewed for eligibility.
  2. Existing tenants by first-class mail postage prepaid.
  3. Affected public entities, which include HCD, the local housing authority, and the city (or county for an unincorporated area).

All notices to affected public agencies must be made by either first-class mail postage prepaid or electronically to any public entity that has provided an email address for that purpose.

To notice HCD, please send notices via Affordable Housing Preservation Portal or via mail to 651 Bannon Street, Suite 400, Sacramento, CA 95811.

Owners must use the HCD-approved forms below to comply with Government Code section 65863.10, subdivisions (b), (c), and (e).

Seven-Day Notice of Significant Change to Six-Month Notice

Owners must notify each existing tenant, HCD, and the affected public entities within seven (7) business days of any significant change in the information required in the six-month notice to tenants (Gov. Code, § 65863.10 subd. (d)). “Significant change” includes, but is not limited to, any change to the date of termination, prepayment, or expiration or any change in the anticipated new rent.

Tenant Resource Document to Include with Six-Month Notice

The Tenant Advisory and Options document should be included with the six-month notice. The document helps inform tenants of the resources and options available to them. Tenants can also contact the agencies/organizations listed in the “cc” section at the end of the Three-Year, Twelve-Month, and Six-Month Notice of Intent if they have additional questions or need assistance.

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