As used in this chapter, the terms defined in this section shall have the following meanings:

(a)  “Conversion” means any of the following:

Terms Used In California Health and Safety Code 50852

  • Contract: A legal written agreement that becomes binding when signed.
  • Conversion: means any of the following:

    California Health and Safety Code 50852

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • FmHA: means the Farmers Home Administration. See California Health and Safety Code 50852
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • HUD: means the United States Department of Housing and Urban Development. See California Health and Safety Code 50852
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Owner: means the person, partnership, or corporation that is a party to a contract with a federal, state, or local governmental agency which provides a mortgage, mortgage assistance, or rent subsidy. See California Health and Safety Code 50852
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • related entity: means a spouse, parent, child, or other individual who is blood related to the owner, a partnership if the owner is either a general or limited partner of the partnership, a corporation if the owner serves on the board of directors of the corporation or if the owner is a holder of 1 percent, or more, of the stock of the corporation, and any other business entity for which the owner has primary authority for management of the business. See California Health and Safety Code 50852
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • Subsidized rental unit: means any unit with a rent that was subject to regulation by a federal, state, or local governmental agency prior to conversion. See California Health and Safety Code 50852

(1)  The prepayment of a federally, state, or locally subsidized or insured mortgage prior to the expiration of the term of the mortgage, including mortgages of assisted housing developments as defined in paragraphs (2) and (4) of subdivision (a) of § 65863.10 of the Government Code and mortgages made pursuant to Chapter 7 (commencing with Section 52075) of Part 5, Article 2 (commencing with Section 33760) of Chapter 8 of Part 1 of Division 24, Article 5 (commencing with Section 34350) of Chapter 1 of Part 2 of Division 24, and Part 3 (commencing with Section 50900).

(2)  Not renewing a contract with HUD or FmHA, which provides rent subsidies, where the contract may be unilaterally renewed by an owner, and prior to expiration of the full term of the contract, including, but not limited to, contracts entered into pursuant to the programs listed in paragraphs (1) and (3) of subdivision (a) of § 65863.10 of the Government Code.

(3)  Purchase by an owner or its related entity of a building following foreclosure of HUD or the FmHA, where the building included subsidized rental units immediately prior to foreclosure or sale, where the building no longer includes subsidized rental units, and where the building was owned by the same owner immediately prior to foreclosure or sale in lieu of foreclosure. For purposes of this section, “related entity” means a spouse, parent, child, or other individual who is blood related to the owner, a partnership if the owner is either a general or limited partner of the partnership, a corporation if the owner serves on the board of directors of the corporation or if the owner is a holder of 1 percent, or more, of the stock of the corporation, and any other business entity for which the owner has primary authority for management of the business.

(b)  “Converted unit” means a subsidized rental unit that was subject to conversion.

(c)  “FmHA” means the Farmers Home Administration.

(d)  “HUD” means the United States Department of Housing and Urban Development.

(e)  “Owner” means the person, partnership, or corporation that is a party to a contract with a federal, state, or local governmental agency which provides a mortgage, mortgage assistance, or rent subsidy.

(f)  “Section 8” means any rental subsidy program established pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437), as amended.

(g)  “Subsidized rental unit” means any unit with a rent that was subject to regulation by a federal, state, or local governmental agency prior to conversion.

(h)  “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the owner, or sufferance, to occupy a unit to the exclusion of others.

(Added by Stats. 1990, Ch. 1438, Sec. 2.)

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