Article XXXIV Compliance. Subrecipient must submit documentation that demonstrates the each proposed Project is in compliance with Article XXXIV, Section 1 of the California Constitution (“Article XXXIV”), or that it falls within one or more of the statutory carveouts set forth by California’s Public Housing Election Implementation Law (XXXXX) (Health & Safety Code, §§ 37000 – 37002). If a Project is subject to Article XXXIV, the Department requires an allocation letter from the relevant locality, which shows that there is Article XXXIV authority for the Project. A local government official with authority should prepare the allocation letter, and it should include the following: A. The name and date of the proposition and the number of units that were approved; B. A copy of the referendum and a certified vote tally; C. The number of units that remain in the locality’s “bank” of Article XXXIV authority (i.e., the number of units that are still available for allocation); and D. The number of units that the locality will commit to this project, including the manager unit. If a Project is statutorily exempt from Article XXXIV, the Department requires an Article XXXIV opinion letter from the Subrecipient’s legal counsel. The Article XXXIV opinion letter must demonstrate that the Subrecipient has considered both the legal requirements of Article XXXIV and the relevant facts of the Project (e.g., all funding provided by public bodies, including state, county or city sources, the number of low- income restricted units, and the general content of any regulatory restrictions). Any conclusion that a Project is exempt from Article XXXIV must be supported by facts and a specific legal theory for exemption that itself is supported by the California Constitution, statute, and/or case law.
Appears in 15 contracts
Samples: Standard Agreement, Standard Agreement, Standard Agreement
