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HomeHealth and Safety CodeDiv. 31Pt. 3Ch. 5Art. 6§ 51228 Income Priority Housing Agreement

§ 51228 Income Priority Housing Agreement

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

§ 51228 Income Priority Housing Agreement

Key Takeaways

  • •When building rental or cooperative housing with a loan, the builder must promise in writing to set aside some units for very low-income families first.
  • •If not enough very low-income families are living in the promised units, the next available units must go to them first, as long as there is financial help available.
  • •The government can check and change the agreement later to add more units for very low-income families, but only if it doesn’t hurt the building’s finances.
  • •The government can also set minimum rents or incomes for empty units if needed to keep the building’s finances healthy.

Example

A company builds an apartment building with 100 units and gets a loan from the government. They agree to save 20 units for very low-income families.

If later, only 15 of those units are rented by very low-income families, the next 5 empty units must go to very low-income families first to meet the promise. The government can also decide to save more units for them if the building can still afford it.

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

Official Source
View on CA.gov

§ 51228 Income Priority Housing Agreement

At the time a mortgage loan commitment is made to finance any rental or cooperative housing development, a written agreement between the agency and housing sponsor shall be executed, designating the number of units to be made available on a priority basis within such housing development to very low income households, to other persons and families of low or moderate income, and to other households. If the number of units occupied by very low income households in any housing development ever falls below the number agreed to by the agency and housing sponsor, then units which become available for occupancy shall, subject to available subsidies be made available on a priority basis to very low income households until the number of units so occupied equals at least the number specified in the agreement. The agency may from time to time review agreements designating the allocation of units and, subject to agreement with the housing sponsor, may increase the number of units to be made available to very low income households if consistent with maintenance of the financial integrity of the housing development and continuance of permitted earnings distributions, or may establish minimum rents or minimum incomes for occupancy of units becoming vacant and not otherwise allocated to very low income households if necessary to the financial integrity of the housing development and continuance of permitted earnings distributions. (Amended by Stats. 1979, Ch. 96.)

Last verified: January 24, 2026

Key Terms

agreementdevelopmentmortgagepriorityintegritycontinuancecommitmentallocation

Related Statutes

  • § 51226 Low Income Housing Priority
  • § 51226.5 Affordable Housing Unit Requirements
  • § 51232 Housing Resident Selection Plans
  • § 34182.1 El Toro Tax Revenue Allocation
  • § 50603 Preservation Loan Program Eligibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 51228.
View Official Source