Cal. Civ. Code § 0770-01-04-.08

TENANT SELECTION PLAN.

In Force
Verified 10/12/2026 · Next check 10/19/2026
effective 10/12/2026TennesseeAffordable Housing Programs

Operative Text

Cal. Civ. Code § 0770-01-04-.08
(1) The proposed tenant selection plan submitted with the preliminary proposal as required by Rule 0770--1--4--.02
(2)(m) shall include, among other information that may be required from time to time, the following:

(a) The proposed rent structure of the proposed housing development, including any rent levels made possible by
subsidies or other assistance from the Federal government, including Section 8 Housing Assistance Payments
Contracts, or other sources;

(b) The proposed income levels of tenants in accordance with the provisions of Rule 0770--1--1--.01 (18) of
these Regulations, with a view to applying a combination of assistance available under programs of the Federal
government, the Agency and other sources so as to provide an economic mix within the housing development
and to provide an adequate number of family dwelling units;

(c) Any arrangements contemplated by the housing sponsors for occupant referrals or relocations from local
redevelopment and housing authorities, Federal, State or local government agencies or community organiza-
tions; and

(d) The proposed marketing plan to be employed with respect to the proposed housing development, including
Affirmative Fair Housing Marketing Plan. The sponsor shall commence marketing no later than ninety (90) days
prior to estimated completion of the project.

(2) Initial occupancy in dwelling units financed under Part IV of these Rules and Regulations, and which receive rental
assistance for one hundred percent (100%) of the dwelling units through the Federal Section 8 Rental Assistance
Program, shall be primarily for ‘‘Persons and Families of Lower and Moderate Income’’ determined in accordance with
Rule 0770--1--1--.01 (18) of the Regulations; provided that in order to obtain operational and economic stability of,
and economic integration within a housing development, a sponsor may permit, upon Agency approval, initial
occupancy of up to 35% of tenants not found to be Persons and Families of Lower and Moderate Income, as herein
defined.

(3) Of the occupants in dwelling units financed under Part IV of these Rules and Regulations but which do not receive
rental assistance for one hundred percent (100%) of the units, at least twenty percent (20%) shall be persons or
families whose incomes are eighty percent (80%) or less of the area median income.

Authority: T.C.A. §13--23--115 (18). Administrative History: Original rule filed September 19, 1975, effective October 19,
1975. Amendment filed March 6, 1984; effective June 12, 1984.
Source: Legislative text reproduced verbatim
Plain English

Tenn. Comp. R. & Regs. 0770-01-04 § 0770-01-04-.08 establishes what a Tenant Selection Plan must contain when submitted as part of a preliminary housing development proposal in Tennessee. The plan must address the proposed rent structure, targeted income levels of future tenants, any referral or relocation arrangements with government or community organizations, and a marketing plan that includes an Affirmative Fair Housing Marketing Plan launched no later than 90 days before project completion. For developments receiving full Section 8 rental assistance, occupancy must be primarily for lower- and moderate-income persons, though up to 35% of tenants may fall outside that category with Agency approval; for developments without full rental assistance, at least 20% of occupants must have incomes at or below 80% of the area median income.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under § 0770-01-04-.08, housing sponsors and property managers working with Tennessee Housing Development Agency financing are generally expected to prepare a comprehensive Tenant Selection Plan that documents rent structures, income targeting, referral arrangements, and a fair housing marketing strategy. Compliant operators typically launch their Affirmative Fair Housing Marketing Plan no later than 90 days before the estimated project completion date and ensure their occupancy mix aligns with the income thresholds specified in the rule—whether the 35% upper-income allowance for fully assisted developments or the 20% lower-income minimum for partially assisted ones. Maintaining clear documentation of Agency approval for any occupancy exceptions is a standard practice for operators seeking to demonstrate compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 0770-01-04-.08 establishes income-based occupancy protections that govern who is eligible to live in Tennessee Housing Development Agency-financed housing developments. Tenants in fully Section 8-assisted developments should generally be persons or families of lower or moderate income, and those in partially assisted developments benefit from a rule requiring that at least 20% of units be reserved for households earning 80% or less of the area median income. Individuals who believe a housing sponsor's tenant selection practices may not align with this provision can contact the Tennessee Housing Development Agency, consult a local tenant-rights organization, or seek guidance from a fair housing agency to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 12, 2026
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References Out

Rules and statutes cited by this regulation

T.C.A. § 13-23-115
Not yet ingested

References In

Rules and statutes that cite this regulation

Tenn. Comp. R. & Regs. 0770-01-04
Tenn. Comp. R. & Regs. 0770-01-04
Tenn. Comp. R. & Regs. 0770-01-04
Tenn. Comp. R. & Regs. 0770-01-04

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

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