CAL LEG Multifamily Housing Loans


On Sep. 10, CAL LEG enrolled bill on financing for multifamily housing.


  • CAL LEG enrolled Bill AB 1053 to modernize affordable housing financing system.
  • To allow developers to receive housing, community development (HCD) loan funds.
  • Act adds CAL LEG 31-2-1-50406.3 to the health and safety code, relating to housing.
  • Bill Provisions
  • Allows borrower to request HCD funding as construction loan or traditional permanent financing option; can additionally request HCD funding as combination of both.
  • Requires that any funds approved, reserved, or allocated by HCD for the purpose of providing a loan under multifamily housing (MHP) program offer option to borrower.
  • Optional for HCD funding to be used for construction financing; permanent financing.
  • Or may opt for portion for construction financing, balance for permanent financing.
  • Additionally applicable to loans provided under Joe Serna Jr. farmworker housing program; affordable housing, sustainable communities, or any MFH lending program.
  • Provides that nothing in this Act limits the existing eligible uses of HCD programs.
  • HCD must adopt emergency guidelines to implement changes in bill as regulations.
  • To implement changes exempt from Administrative Procedures Act (APA).
  • Must address specified criteria for how construction loans will be offered to developers.
  • Implementation of bill is dependent upon future appropriation by CAL LEG.
  • Legislative History
  • On Feb. 15, 2023, bill introduced in Assembly; on May 30, 2023, passed Assembly.
  • On May 31, 2023, bill was introduced in Senate; on Aug. 27, 2024, bill passed Senate.
  • On Sep. 10, 2024, bill was enrolled and presented to Governor, pending action.
  • Effectiveness
  • HCD must adopt emergency guidelines to implement changes in bill by Jul. 1, 2026.
  • HCD required to adopt guidelines subject to the APA by Jul. 1, 2027 .
  • Sep. 19, 2024 CAL LEG Governor Approval
  • On Sep. 19, 2024, CAL LEG reported bill AB 1053 signed by governor; enacted Ch 264.
  • No effective date specified; generally effective Jan. 1 after enactment, on Jan. 1, 2025.
  • HCD must adopt emergency guidelines to implement changes in bill by Jul. 1, 2026.
  • HCD required to adopt guidelines subject to the APA by Jul. 1, 2027.

Regulators CAL LEG
Entity Types Bank; MG Orig
Reference Ch 264, 9/19/2024; Bill, AB1053, 9/10/2024; Citation: CAL LEG 31-2-1-50406;
Functions Compliance; Legal; Operations
Countries United States of America
Category
State
Products Banking; Loan; Mortgage
Regions Am
Rule Type Final
Rule Date 9/19/2024
Effective Date 1/1/2025
Rule Id 225772
Linked to N/A
Reg. Last Update 9/19/2024
Report Section US Consumer

Last substantive update on 09/24/2024