Three years prior to a scheduled expiration of rental restrictions, prepayment of a federally insured or held mortgage, or anticipated date of the termination of a subsidy contract, the owner of an assisted housing development must provide notice using the HCD-approved form (Gov. Code, § 65863.10, subdivision (e)) unless exempt under Government Code section 65863.13.

Notice must be given to:

1. every prospective tenant at the time the prospective tenant is interviewed for eligibility.
2. existing tenants by posting the notice in an accessible location on the property.

3. affected public entities, which include HCD, the local housing authority, and the city (or county for an unincorporated area).

   All notices to affected public agencies must be made by either first-class mail postage prepaid or electronically to any public entity that has provided an email address for that purpose.

   To notice HCD, please send notices via email to Preservation@hcd.ca.gov (preferred) or via mail to 651 Bannon Street, Suite 400, Sacramento, CA 95811.

Owners must use the HCD-approved forms below to comply with Government Code section 65863.10, subdivisions (b), (c), and (e).

• Three Year Notice to Tenants of Owner's Intent to Prepay or Terminate (PDF) — Revised 07/2024
• Three Year Notice to Tenants of Owner's Intent to Prepay or Terminate (Spanish) (DOC) — Revised 07/2024

Twelve-Month Notice

Twelve months prior to a scheduled expiration of rental restrictions, prepayment of a federally insured or held mortgage, or anticipated date of the termination of a subsidy contract, the owner of an assisted housing development must provide notice using the HCD-approved form (Gov. Code, § 65863.10, subdivision (b)) unless exempt under Government Code section 65863.13.

Notice must be given to:

1. every prospective tenant at the time the prospective tenant is interviewed for eligibility.
2. existing tenants by first-class mail postage prepaid.

3. affected public entities, which include HCD, the local housing authority, and the city (or county for an unincorporated area).

   All notices to affected public agencies must be made by either first-class mail postage prepaid or electronically to any public entity that has provided an email address for that purpose.

   To notice HCD, please send notices via email to Preservation@hcd.ca.gov (preferred) or via mail to 651 Bannon Street, Suite 400, Sacramento, CA 95811.

Owners must use the HCD-approved forms below to comply with Government Code section 65863.10, subdivisions (b), (c), and (e).

• Twelve Month Notice to Tenants of Owner's Intent to Prepay or Terminate (PDF) — Revised 07/2024
• Twelve Month Notice to Tenants of Owner's Intent to Prepay or Terminate (Spanish) (DOC) — Revised 07/2024

Tenant Resources to Include with Twelve-Month Notice

The Tenant Resources and Tenant Advisory and Options documents below should be included with the twelve-month notice. These documents help inform tenants of the resources available to them. Tenants can contact the agencies/organizations listed on the Tenant Resources document if they have additional questions or need assistance.

• Tenant Resources (PDF) — Revised 07/2024
• Tenant Resources (Spanish) (DOC) — Revised 07/2024
• Tenant Advisory and Options: Attachment to Notice of Intent - HUD Projects (PDF) — Revised 01/2021
• Tenant Advisory and Options: Attachment to Notice of Intent (PDF) — Revised 01/2021

Sales of Affordable Properties -- Notice of Opportunity to Submit an Offer to Purchase (NOSOP)

Prior to or concurrent with the 12-month notice, when an owner is contemplating selling an assisted property within five years of expiration or eligibility for termination or prepayment they must provide notice of their intention to sell their affordable property, referred to as the Notice of Opportunity to Submit an Offer to Purchase (NOSOP). 

Notice of Opportunity to Submit an Offer to Purchase (DOC)

This notice must be:

1. Sent to geographically relevant Qualified Entities (QEs) and to QEs that directly contact the owner. QEs are those groups interested in bidding on affordable properties and deemed qualified by HCD.
   1. Geographically relevant QEs include all QEs in the county where the development is located and those whose area of interest includes “All Counties.”
   2. The most current list of QEs can be found in the “Qualified Entities” section below.
   3. The notices to QEs must be made by registered or certified mail, return receipt requested. Additional information and the contact list of QEs can be found in the “Qualified Entities” section below.
2. To notice HCD, please send notices via email to Preservation@hcd.ca.gov (preferred) or via mail to 651 Bannon Street, Suite 400, Sacramento, CA 95811.
3. Posted in a conspicuous place in the common area of the development. (Gov. Code, § 65863.11).

One-Year Period Prioritizing Affordability for Sales and Purchase of Properties

This Notice of Opportunity to Submit an Offer to Purchase (NOSOP) initiates a one-year offer period, during which preservation is prioritized. The owner may not accept an offer from any entity other than a QE during these first 180 days. If the owner receives one or more bona fide offers from a QE or QEs that meet these requirements, the owner must notify HCD of all bona fide offers and either:

• Accept one of the bona fide offers from a QE subject to the valuation process described in Government Code section 65863.11, subdivision (k); or
• Declare in writing under penalty of perjury to the QE or QEs and HCD on an HCD-approved form that if the property is not sold to a QE during the first 180 days or pursuant to the right of first refusal provisions during the second 180 days, it will not sell the property for at least five years from after the end of the one-year notice period (Five-Year Declaration). The form can be obtained by emailing Preservation@hcd.ca.gov. The owner must record this Five-Year Declaration with the county immediately after the one-year offer period. (Gov. Code, § 65863.11, subdivision (i))

Further details on the one-year offer period can be found in our Guide to Affordable Housing Preservation Laws (PDF).

Six months prior to a scheduled expiration of rental restrictions, prepayment of a federally insured or held mortgage, or anticipated date of the termination of a subsidy contract, the owner of an assisted housing development must provide notice using the HCD-approved form (Gov. Code, § 65863.10, subdivision (c)) unless exempt under Government Code section 65863.13.

Notice must be given to:

1. every prospective tenant at the time the prospective tenant is interviewed for eligibility.
2. existing tenants by first-class mail postage prepaid.

3. affected public entities, which include HCD, the local housing authority, and the city (or county for an unincorporated area).

   All notices to affected public agencies must be made by either first-class mail postage prepaid or electronically to any public entity that has provided an email address for that purpose.

   To notice HCD, please send notices via email to Preservation@hcd.ca.gov or via mail to 651 Bannon Street, Suite 400, Sacramento, CA 95811.

Owners must use the HCD-approved forms below to comply with Government Code, § 65863.10, subdivisions (b), (c), and (e).

• Six Month Notice to Tenants of Owner's Intent to Pay or Terminate (PDF) — Revised 07/2024
• Six Month Notice to Tenants of Owner's Intent to Pay or Terminate (Spanish) (DOC) — Revised 07/2024
• Six Month Letter to Affected Public Entities (DOC) — Revised 02/2019
• Six Month Letter to Affected Public Entities (Spanish) (DOC) — Revised 02/2019

7-Day Notice of Significant Change to Six-Month Notice

Owners must notify each existing tenant, HCD, and the affected public entities within seven business days of any significant change in the information required in the six-month notice to tenants (Gov. Code, § 65863.10 subdivision (d)). “Significant change” includes, but is not limited to, any change to the date of termination, prepayment, or expiration or any change in the anticipated new rent.

Tenant Resources to Include with Six-Month Notice

The Tenant Resources and Tenant Advisory and Options documents must be included with the six-month notice. These documents help inform tenants of the resources available to them. Tenants can contact the agencies/organizations listed on the Tenant Resources document if they have additional questions or need assistance.

• Tenant Resources (PDF) — Revised 07/2024
• Tenant Resources (Spanish) (DOC) — Revised 07/2024
• Tenant Advisory and Options: Attachment to Notice of Intent - HUD Projects (PDF) — Revised 01/2021
• Tenant Advisory and Options: Attachment to Notice of Intent (PDF) — Revised 01/2021

Owners of multifamily residential developments that receive governmental assistance under programs defined in Government Code Section 65863.10, subdivision (a)(3) must register their properties and complete an annual certification of compliance with affordable housing preservation laws. All assisted housing developments with five or more units in which at least 25 percent of the units are subject to affordability restrictions or a rent or mortgage subsidy contract must be certified.

If a property is operated under a ground lease or similar structure, the title holder and the lessee are mutually responsible for the completion of the certification (Gov. Code, § 65863.11, subdivision (o)(3)(B)).

The California Housing Preservation Portal below is how responsible parties must complete their annual certifications.

California Housing Preservation Portal (CaHPP)

If you need assistance navigating the CaHPP Portal, please view Annual Owner Certification Training Video

Contact HCD's Housing Accountability Unit at Preservation@hcd.ca.gov for additional information or assistance.

Qualified entities are tenant associations, local non-profit organizations and public agencies, regional/national non-profit organizations and regional/national public agencies, or profit-motivated housing organizations or individuals that are interested in bidding on affordable properties and have been deemed certified to own and operate assisted housing developments by HCD.

Use the form below to apply to be registered as a Qualified Entity:

• Qualified Entity Certification Form (PDF) — Revised 10/2023

Owners must notify all relevant Qualified Entities of potential opportunities to purchase an assisted housing development (see NOSOP section for further details).

• HCD’s current list of Qualified Entities (XLS)

HCD makes enforcement letters, actions, and a list of notices received available to the public. The report of all letters issued is organized by jurisdiction, date, and letter type.

Technical Assistance and Enforcement Letters

The report of all notices received is organized by date received, project name, property information, and notice type. HCD makes no representation of the accuracy or compliance with statutory notice provisions.

Notices Received by HCD

To request technical assistance or report violations of affordable housing preservation laws, please submit your inquiry to Preservation@hcd.ca.gov.

• Affordable Housing Map (California Housing Partnership)
• Preservation technical assistance (California Housing Partnership)
• Preservation strategies (California Housing Partnership)

Learn how local governments and nonprofit organizations can request access to the California Housing Partnership's database of at-risk affordable developments.