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<br />Five-Year Implementation Plan <br />Amended February 2003 <br />Page 37 <br /> <br />VIII. HOUSING REPLACEMENT PLAN <br /> <br />A. <br /> <br />INTRODUCTION <br /> <br />The California Community Redevelopment Law, Health and Safety Code <br />Sections 33000 et seq., states that one of the fundamental purposes of <br />redevelopment is to increase and improve the community's supply of low-and <br />moderate-income housing. This is accomplished in part through three <br />different but interrelated requirements imposed on the Agency by California <br />law. These three requirements provide for the production, improvement and <br />preservation of housing for low-and moderate-income persons, and include: <br /> <br />m Twenty percent of tax increment revenue must be expended to increase, <br />improve and preserve the supply of low-and moderate-income housing in <br />the community (H &S 33334.2). <br /> <br />'OJ The Agency must replace low-and moderate-income housing which is <br />removed as a result of a redevelopment project (the replacement rule, <br />H&S 33413 [a]). <br /> <br />B. <br /> <br />m A fixed percentage of all housing constructed in a redevelopment project <br />area must be affordable to low-and moderate-income persons and <br />families (the inclusionary rule, (H&S 33413 [bD. <br /> <br />HEALTH "AND SAFETY CODE SECTIONS ADDRESSING REPLACEMENT AND <br />INCLUSIONARY HOUSING PLANS AND REQUIREMENTS <br /> <br />i. <br /> <br />H&S Section 33413 (a) - The Replacement Rule <br /> <br />Section 33413 (a) of the Health and Safety Code requires that <br />whenever dwelling units housing persons and families of low-or <br />moderate-income are destroyed or removed from the low-and <br />moderate-income housing market as part of a redevelopment project <br />subject to a written agreement with the agency, the agency shall, <br />within four years of the removal of the dwelling units, cause to be <br />developed an equal number of replacement dwelling units. <br /> <br />For affordable units removed prior to September 1, 1989, replacement <br />units must be available at an affordable housing cost to persons and <br />families of low-and moderate-income, without regard to the specific <br />income of the person or family originally occupying the removed <br />dwelling unit. However, for units removed after September 1, 1989 <br />California law requires that 75 percent of the replacement units be <br />affordable to the same income groups that occupied the units <br />removed. <br /> <br />Page 106 of 190 <br /> <br />75D-116 <br />