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.

Domestic Violence

• Violence Against Women Act (VAWA) Housing Rights Outline for Advocates by NHLP

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 Laws
  • 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 §&sect: 2945 – 2945.11)
  • SB1137(new California law providing foreclosure protections to homeowners and tenants)

• Federal Laws
  • Housing and Economic Recovery Act of 2008
  • Housing and Economic Recovery Act of 2008 – summary prepared by Citizens Housing and Planning Association (July 28, 2008)
  • Real Estate Procedures Act (RESPA) (12 USC §2601 et seq.)
    • RESPA resources and information @ HUD
    • RESPA Rules and Regulations
  • TITLE VII of the Protecting Tenants at Foreclosure Act of 2009
    • NLIHC’s Renters in Foreclosure Toolkit – Includes summary of law, Q & A, sample letters to Section 8 and non-Section 8 landlords and more
  • Truth in Lending Act (TILA) (15 USC § 1601 et seq)
    • Federal Truth in Lending Act: What you Don’t Know Can Hurt You (Real Property Law Reporter (November 2004)
    • Truth in Lending: Regulation Z (implements Homeowner Equity Protection Act (HOEPA); 12 CFR § 226 et seq.)

• Avoiding Foreclosure@FreddieMac
• California Consumer Home Mortgage Information(YourHome.ca.gov)
  • En Espanol (SuCasa.ca.gov)
  • 90 Days of Hope campaign mortgage flyer
  • Complaint forms to file against lenders and brokers
  • Mortgage help resources
• Center for Responsible Lending, California office
  • Mortgage Lending
• Facts for Consumers: Mortgages and Foreclosures@Federal Trade Commission (FTC)
  • Foreclosure Rescue Scams
• ForeclosureInfoCA.org – part of the LawHelpCalifornia.org website, it covers resources for homeowners and renters in California affected by foreclosure and those advising and assisting them
• Foreclosure information and resources@Federal Housing Administration (FHA)
  • Foreclosure provisions of Servicemembers Civil Relief Act (SCRA)
• Hidden Impact: California Renters in the Foreclosure Crisis: March 2009 report by Tenants Together with statistics, analysis of problems unique to renters in foreclosed properties and recommendations.
• How to Avoid Foreclosure @ HUD
• Loan Modification Scam Prevention Network (A project of the Lawyers’ Committee for Civil Rights Under Law)
  • Loan Modification Scam complaint form
• Making Home Affordable Program: Federal program through which participating lenders can help eligible homeowners modify their loans or refinance to avoid foreclosure
  • Modification program
  • Refinance program
• Mortgage and foreclosure resources@FannieMae
• NeighborWorks Center for Foreclosure Solutions
• Q&A on Home Foreclosure and Debt Cancellation @ IRS
• 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)
• Tenants Rights in Foreclosed on Properties (Comprehensive user-friendly guide by Housing and Economic Rights Advocates (HERA))

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 Notice
• HOMEBASE – Center for Common Concerns
• HUDHRE.info (Homeless and Resource Exchange)
• 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.
  • Community Forum Wiki – innovative public wiki integrating advocacy resources, news and discussion groups.

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 @ 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 – 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

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.
  • Right to Remain for Overhoused Enhanced Voucher Holders – PIH 2008-12 – Select HUD notices
• 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.)
• Redevelopment Agencies: Reports and Forms @ HCD

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)
    • Chapter VII Relocation: HOME 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.