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§9 <br />Five -Year Implementation Plan <br />Amended February 2003 <br />Page 37 <br />VIII. HOUSING REPLACEMENT PLAN <br />A. INTRODUCTION <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 />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 />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 />zu 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 [b]). <br />B. HEALTH AND SAFETY CODE SECTIONS ADDRESSING REPLACEMENT AND <br />INCLUSIONARY HOUSING PLANS AND REQUIREMENTS <br />H &S Section 33413 (a) —The Replacement Rule <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 />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. page 106 of 190 <br />