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Ch. 720 —6— <br />(iii) <br />6— <br />(iii) The city or county finds, after a public hearing, that the unit is <br />eligible, and is reasonably expected, to change from housing affordable to <br />low- and very low income households to any other use during the next five <br />years due to termination of subsidy contracts, mortgage prepayment, or <br />expiration of restrictions on use. <br />(iv) The unit is in decent, safe, and sanitary condition at the time of <br />occupancy. <br />(v) At the time the unit is identified for preservation it is available at <br />affordable cost to persons or families of low- or very low income. <br />(3) This subdivision does not apply to any city or county that, during the <br />current or immediately prior planning period, as defined by Section 65588, <br />has not met any of its share of the regional need for affordable housing, as <br />defined in Section 65584, for low- and very low income households. A city <br />or county shall document for any housing unit that a building permit has <br />been issued and all development and permit fees have been paid or the unit <br />is eligible to be lawfully occupied. <br />(4) For purposes of this subdivision, "committed assistance" means that <br />the city or county enters into a legally enforceable agreement during the <br />period from the beginning of the projection period until the end of the second <br />year of the planning period that obligates sufficient available funds to provide <br />the assistance necessary to make the identified units affordable and that <br />requires that the units be made available for occupancy within two years of <br />the execution of the agreement. "Committed assistance" does not include <br />tenant -based rental assistance. <br />(5) For purposes of this subdivision, "net increase" includes only housing <br />units provided committed assistance pursuant to subparagraph (A) or (B) <br />of paragraph (2) in the current planning period, as defined in Section 65588, <br />that were not provided committed assistance in the immediately prior <br />planning period. <br />(6) For purposes of this subdivision, "the time the unit is identified" <br />means the earliest time when any city or county agent, acting on behalf of <br />a public entity, has proposed in writing or has proposed orally or in writing <br />to the property owner, that the unit be considered for substantial <br />rehabilitation, acquisition, or preservation. <br />(7) In the third year of the planning period, as defined by Section 65588, <br />in the report required pursuant to Section 65400, each city or county that <br />has included in its housing element a program to provide units pursuant to <br />subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the <br />legislative body, and to the department within 30 days of making its report <br />to the legislative body, on its progress in providing units pursuant to this <br />subdivision. The report shall identify the specific units for which committed <br />assistance has been provided or which have been made available to low - <br />and very low income households, and it shall adequately document how <br />each unit complies with this subdivision. If, by July 1 of the third year of <br />the planning period, the city or county has not entered into an enforceable <br />agreement of committed assistance for all units specified in the programs <br />adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city <br />90 <br />