California Government Code 54222.5 – An entity proposing to use the surplus land for developing low- and …
An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in § 50052.5 of the Health and Safety Code, or affordable rent, as defined in § 50053 of the Health and Safety Code, to lower income households, as defined in § 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, that shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:
(a) The local agency that disposed of the surplus land.
Terms Used In California Government Code 54222.5
- Local agency: means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. See California Government Code 54221
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
- Surplus land: includes land held in the Community Redevelopment Property Trust Fund pursuant to §. See California Government Code 54221
(b) A resident of a unit subject to this section.
(c) A residents’ association with members who reside in units subject to this section.
(d) A former resident of a unit subject to this section who last resided in that unit.
(e) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following:
(1) Is of low or moderate income, pursuant to § 50093 of the Health and Safety Code.
(2) Is able and willing to occupy that particular unit.
(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.
(f) A person on an affordable housing waiting list who is of low or moderate income, pursuant to § 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
(Amended by Stats. 2023, Ch. 788, Sec. 4. (AB 480) Effective January 1, 2024.)