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HomeHealth and Safety CodeDiv. 31Pt. 2Ch. 9Art. 1§ 50739 Income Unit Occupancy Agreement

§ 50739 Income Unit Occupancy Agreement

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 50739 Income Unit Occupancy Agreement

Key Takeaways

  • •If the government helps pay for a rental housing project, they make a deal with the builders to keep some units for low-income families.
  • •If not enough low-income families are living in those units later, the next empty units must go to them first until the deal is met.
  • •The number of low-income units can only be reduced if the building would lose too much money otherwise, and this must be checked every year.

Example

A big apartment building gets money from the government to build. They agree that 40 out of 100 apartments will be for low-income families.

If later, only 30 of those apartments have low-income families living in them, the next 10 empty apartments must go to low-income families first to get back to 40.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 50739 Income Unit Occupancy Agreement

At the time the department makes a payment pursuant to Article 2 (commencing with Section 50745), 3 (commencing with Section 50755), or 4 (commencing with Section 50765) or contracts to make annuity fund payments in connection with a rental housing development, or both, a written agreement between the department and the agency, local finance entity, or local public entity shall be executed, designating the number of units within the rental housing development available to, or occupied by, very low income households, other lower income households, and other households. If the number of units occupied by very low income households or other lower income households in any housing development ever falls below the number agreed to by the department and agency, local finance entity, or local public entities, then units which become available for occupancy shall be made available on a priority basis to very low income households or other lower income households, as required, until the number of units so occupied equals at least the number specified in the agreement. The department and the agency, local finance entity, or local public entity, may reduce the number of assisted units to less than 30 percent of a rental housing development only if necessary to maintain the development’s fiscal integrity. Any reduction in the number of assisted units shall be reviewed annually to determine whether it is necessary to continue that reduction in the number of assisted units. (Amended by Stats. 1985, Ch. 375, Sec. 2.)

Last verified: January 24, 2026

Key Terms

agreementdevelopmentannuitycontractreductionwhen californiaconnectionpriority

Related Statutes

  • § 50738 Affordable Housing Payment Rules
  • § 50738.5 Rental Housing Annuity Fund
  • § 50744 Substitute Payee Designation
  • § 50748 Rental Housing Annuity Fund
  • § 50757 Rental Housing Regulatory Agreements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 50739.
View Official Source