Terms Used In California Codes > Health and Safety Code > Division 31 > Part 1 - STATE HOUSING POLICY AND GENERAL PROVISIONS

• Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
• Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved: means acceptable to the department. See California Health and Safety Code 17920
• area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized agency activities: includes ministerial functions such as providing loan applications, assembling documents, providing a location for returning documents necessary for making a loan, providing loan account information, receiving payments, disbursing loan funds, evaluating loan applications, and other activities that the commissioner may specify by order or regulation. See California Financial Code 1380
• Bank: means :

  California Financial Code 1361

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Building: means a structure subject to this part. See California Health and Safety Code 17920
• Building standard: means building standard as defined in Section 18909. See California Health and Safety Code 17920
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certificate credit rate: means the rate of the credit allowed by this chapter which is specified in the mortgage credit certificate. See California Health and Safety Code 50172
• Certified indebtedness amount: means the amount of indebtedness which meets both of the following criteria:

  California Health and Safety Code 50172

• City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Committee: means the Mortgage Bond and Tax Credit Allocation Committee, which is renamed the California Tax Credit Allocation Committee. See California Health and Safety Code 50199.7
• Committee: means the California Debt Limit Allocation Committee established pursuant to Section 50199. See California Health and Safety Code 50172
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Company: has the meaning set forth in subdivision (b) of Section 215. See California Financial Code 1361
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consulting physician: means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following:

  California Health and Safety Code 111548.1

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes city and county. See California Financial Code 14
• County: includes city and county. See California Government Code 19
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Insurance Code 14
• County: includes city and county. See California Fish and Game Code 32
• Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
• department: means State Department of Health Services. See California Health and Safety Code 20
• Deposit account: means an account in a depository institution on which the account holder is permitted to make withdrawals from time to time in person by negotiable or transferable instrument, payment orders of withdrawal, telephone transfers, or other similar items for the purpose of making payments or transfers to third persons or others. See California Financial Code 1420
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depository institution: means any of the following:

  California Financial Code 1420

• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: as used in this chapter , means a district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Public Resources Code 49000
• District: as used in this chapter , means a district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Public Resources Code 49100
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Eligible patient: means a person who meets all of the following conditions:

  California Health and Safety Code 111548.1

• Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• established name: means either of the following:

  California Health and Safety Code 111225

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive officer: has the meaning set forth in paragraph (1) of subdivision (e) of Section 215. See California Financial Code 1361
• experimental drug: means any of the following:

  California Health and Safety Code 111515

• Extension of credit: has the meaning set forth in Section 215. See California Financial Code 1361
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farmworker housing: means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. See California Health and Safety Code 50199.7
• Federal act: means , for purposes of mortgage credit certificates, Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). See California Health and Safety Code 50172
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Fraud: Intentional deception resulting in injury to another.
• fund: shall mean the CAL-FIRE Infrastructure Projects Revolving Fund. See California Public Resources Code 4050
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health benefit plan: includes , but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in §. See California Health and Safety Code 111548.1
• Housing credit: means the tax credit for low-income rental housing provided under Section 42 of the federal Internal Revenue Code (26 U. See California Health and Safety Code 50199.7
• Housing credit applicant: means any owner, sponsor, or developer of a qualifying low-income building or project who applies to the committee for either of the following:

  California Health and Safety Code 50199.7

• Housing credit ceiling: means the amount specified in Section 42(h)(3)(C) of the federal Internal Revenue Code (26 U. See California Health and Safety Code 50199.7
• Immediately life-threatening disease or condition: means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months. See California Health and Safety Code 111548.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insured depository institution: includes any depository institution affiliate within the meaning of Section 18(r) of the Federal Deposit Insurance Act (12 U. See California Financial Code 1380
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Issuer: means a state agency or local agency and includes a redevelopment agency, housing authority or other local entity, authorized by state law to issue qualified mortgage bonds, to which the committee has assigned an allocation under this chapter. See California Health and Safety Code 50172
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Labeled: means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. See California Health and Safety Code 17920
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
• Lien: A claim against real or personal property in satisfaction of a debt.
• Listed: means all products that appear in a list published by an approved testing or listing agency. See California Health and Safety Code 17920
• Listing agency: means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. See California Health and Safety Code 17920
• local appeals board: means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the building requirements of the city or county. See California Health and Safety Code 17920.5
• middle-income families: means persons and families of low or moderate income whose income exceeds the income limit for lower income households. See California Health and Safety Code 50093
• Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
• Mold: means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. See California Health and Safety Code 17920
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• Mortgage credit certificate: means any certificate which does all of the following:

  California Health and Safety Code 50172

• Mortgage credit certificate program: means any program established by the state or a local agency for any calendar year in which the state or a local agency is authorized to issue qualified mortgage bonds and under which the issuing agency elects not to issue an amount of qualified mortgage bonds it may otherwise issue during the calendar year. See California Health and Safety Code 50172
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Noise insulation: means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. See California Health and Safety Code 17920
• Nuisance: means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of . See California Health and Safety Code 17920
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Personal property: All property that is not real property.
• Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Health and Safety Code 50093
• Persons and families of median income: means persons and families whose income does not exceed the area median income, as adjusted by the department for family size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
• Primary physician: means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. See California Health and Safety Code 111548.1
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• project: has the meaning specified in Section 42(c)(2) of the federal Internal Revenue Code (26 U. See California Health and Safety Code 50199.7
• Property: includes real and personal property. See California Code of Civil Procedure 872.010
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulation O: means Regulation O (Part 215 (commencing with Section 215. See California Financial Code 1361
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Spouse: includes "registered domestic partner" as required by §. See California Public Resources 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
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State regulatory board: means the Medical Board of California or the Osteopathic Medical Board of California. See California Health and Safety Code 111548.1
• Statute: A law passed by a legislature.
• Subsidiary: has the meaning set forth in Section 1841(d) of Title 12 of the United States Code. See California Financial Code 1361
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Testing agency: means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. See California Health and Safety Code 17920
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17
• Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8