California's housing department may authorize certain funds from one rental development to support another under the same sponsor or an affiliated owner, while protecting other lenders' payment rights.
The housing department may authorize a transfer of its share of project cash or eligible extra reserves to another rental development. The projects must have the same sponsor or an affiliated owner, and other lenders' and public agencies' payment rights must be protected.
The department may authorize transferring its share of project cash or eligible extra reserves as equity to another rental development. Both rental developments must be covered by a department agreement, and the receiving development must have the same sponsor or an affiliated owner. The department decides whether to approve a transfer. It may not reduce or impair amounts or payment rights owed to another lender, public agency, or government entity. The department's share is calculated after required debt service and other amounts owed to lenders and public entities are paid or provided for. Replacement reserves may move only above the amount needed for immediate and short-term repairs, as identified in an independent assessment made within the prior three years. The project must keep at least $1,000 per unit and meet, or be projected to meet, required yearly reserve deposits. Operating reserves and project-specific transition reserves may move only to the extent they exceed the minimum required by the department's agreement.
No hearings or votes scheduled.