Loading (50 kb)...'

(continued)
(4) A description of the type and amount of self-help construction to be utilized in the project;
(5) A detailed financial plan for the project which identifies the anticipated sources of all financing and proposed specific uses for program funds;
(6) The work experience of the parties implementing the project;
(7) Any commitments for financing and other assistance to the project;

(8) A certified resolution from the applicants' governing boards authorizing the submittal of an application and the execution of the documents and agreements required under the regulations;
(9) A list of funding sources for previous projects;
(10) Any other information required by the Department to determine the eligibility or evaluate the feasibility of the project.
(c) Department staff shall review applications and submit recommendations for disposition based on the criteria of Section 7542 and submit them to the Director for the Director's consideration and decision.
(d) Awards to any one sponsor shall not exceed 20 percent of monies available in each NOFA.
(e) A minimum of 20 percent of the Fund shall be set aside for rural areas unless 12 months after issuance of the first NOFA, the lack of eligible applications for technical assistance grants and mortgage assistance would result in unused funds.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7542. Evaluation Criteria.
(a) Applications for funds that serve the largest proportion of low-income households shall receive priority.
(b) In evaluating technical assistance applications, the Department shall include, but not be limited to, the following factors in its evaluation:
(1) The extent to which the applicant uses available federal, state and local programs and resources in the project;

(2) The applicant's organizational capacity to carry out the project;
(3) The project's feasibility;
(4) The project's cost effectiveness in terms of per unit self-help housing fund costs; and
(5) The extent to which project participants use self-help labor.
(c) In evaluating mortgage assistance applications, the Department will consider the following factors in addition to the factors listed under (b).
(1) The extent to which the estimated cost of the units to be constructed or rehabilitated is consistent with the lowest possible cost of residential units in the same area meeting minimum health and safety code standards and local building and land use requirements;
(2) The extent to which adequate financing for the project is assured;
(3) The extent to which the grantee provides information on the estimated income levels of the households that are to receive mortgage assistance; and
(4) The likelihood that the applicant will complete the project within two years of executing an agreement with the Department, pursuant to Section 7562(d) of this Subchapter.
(d) The Department may establish more specific rating and ranking criteria in each Notice of Funding Availability, based on the criteria in (b) and (c) of this section.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7544. Conditional Commitment.
Upon approval by the Director, the recommendation of the Department staff shall constitute a conditional commitment of funds to the applicant subject to the terms of the NOFA, the contents of the application, and such conditions as may be included as part of the Director's approval. The Department and the applicant shall thereafter enter into the Technical Assistance Standard Agreement or the Mortgage Assistance Standard Agreement as appropriate, subject to the applicable provisions of this subchapter.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7550. Technical Assistance Grants.
(a) The Department may make grants for technical assistance to eligible sponsors. Technical assistance funds may be used for the following purposes:
(1) Assistance, training, and supervision on self-help construction activities and techniques;
(2) Assistance in project development which includes, but is not limited to, the preparation of plans for self-help housing, preparation of contracts for professional services, application for project funding, packaging households' applications for assistance, preparation of subdivision maps, review of engineering plans and specifications for construction and rehabilitation projects, and compliance with appropriate requirements of funding agencies and local government;
(3) Administrative costs of providing technical assistance for the activity funded by the Department including, but not limited to, wages, salaries and fringe benefits of clerical and management personnel and payment for rent, utilities, communications, printing and travel expenses.
(b) Technical assistance grants shall not be used for purchase of land, materials, tools and construction equipment, or for any costs of construction.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7552. Amount and Term of Grants.
(a) The Department shall ensure that not less than 15 percent or more than 25 percent of a NOFA is used for technical assistance grants. However, the Department may adopt different allocation percentages if, 12 months after issuance of a NOFA, the lack of eligible applications for technical assistance grants would result in unused funds.
(b) The Department shall not award a technical assistance grant exceeding $300,000 for any one project.
(c) The grantee shall complete the project within two years from the effective date of the Technical Assistance Standard Agreement or such lesser term as may be set forth on the application's approval. Extension of the grant term may be made at the discretion of the Director in the event of delays in project implementation beyond the reasonable control of the grantee.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7554. Technical Assistance Standard Agreement (TASA).
(a) A grantee under this Article shall execute a Technical Assistance Standard Agreement (TASA) with the Department.
(b) The TASA shall contain the following terms and conditions:
(1) The minimum number of new and/or rehabilitated units of self-help housing to be occupied by eligible households which will be developed as a direct result of the technical assistance grant.

(2) A budget setting forth the kinds and amounts of allowable expenditures to be made with the grant funds.
(3) The manner, timing and conditions for disbursement of funds to grantees.
(4) A timetable for completion of each stage of the project and for final project completion.
(5) Terms necessary to ensure compliance with these Regulations, and any special conditions imposed by the grant approval.
(6) The remedies of the Department in the event of a breach or violation by the grantee of the terms and conditions of the TASA.
(7) A requirement that the grantee submit to the Department a performance report for each stage of the project. Each report shall describe the progress of the project and shall include the estimated time to completion and a detailed itemized breakdown of grant and other expenditures. The Department shall have the right, without charges or royalty, to publish and distribute all reports, data, memoranda, bulletins or manuals developed or written by the grantee or its officers, employees, or agents in its implementation of the project.
(8) A provision that all books, records, documents and files of the grantee which are maintained for the project shall be available upon notice for inspection by the Department and its representatives.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7556. Disbursement of Funds.
Following grant approval and execution of a TASA, compliance with all applicable conditions therein, and upon submittal of the grantee's request for funds to commence the project, the Department may disburse an advance payment to the grantee. In order to receive an advance payment, the grantee must certify that it does not have available funds to initiate the project. The advance payment shall not exceed a three-month share of the amount budgeted for the total grant. Subsequent disbursements shall be made only to reimburse the grantee for actual and eligible costs incurred pursuant to the Technical Assistance Standard Agreement.


Note: Authority cited: Section 50698(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7560. Eligible Uses of Funds.
(a) The Department may commit funds to eligible sponsors for the provision of mortgage assistance to eligible households engaged in self-help construction by either of the following two methods:
(1) As deferred payment loans directly eligible households pursuant to Section 7572, or to cooperatives, pursuant to Section 7576.
(2) In the form of payment(s), or on behalf of, eligible households in order to reduce the mortgage interest costs of the households, pursuant to Section 7578.
(b) Before providing mortgage assistance under (a), eligible sponsors may use the funds for certain development costs pursuant to Article 6.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7562. Amount and Terms of Mortgage Assistance.
(a) The Department shall ensure that not less than 75 percent or more than 85 percent of the Fund is used for mortgage assistance to eligible households. However, the Department may adopt different allocation percentages if, 12 months after issuance of a NOFA, the lack of eligible applications for either technical assistance or mortgage assistance would result in unused funds.
(b) The maximum amount for mortgage assistance for any one project shall not exceed the lesser of $300,000 or the projected mortgage assistance from the Fund necessary to ensure that eligible households participating in a project pay no more than 30% of their gross monthly income for monthly housing costs.
(c) Mortgage assistance for any one eligible household shall not exceed $15,000.
(d) The grantee shall provide mortgage assistance directly to or on behalf of eligible households in the form of deferred payment loans or interest subsidies within two years from the effective date of the Mortgage Assistance Standard Agreement.
(e) The Director may increase the limit on mortgage assistance for an eligible household and extend the two-year term if the Department determines that such increase or extension is necessary to avoid special hardship for the eligible household or to ensure the economic feasibility of the project.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.










s 7564. Mortgage Assistance Standard Agreement.
(a) A grantee under this Article shall execute a Mortgage Assistance Standard Agreement (MASA) with the Department.
(b) The MASA shall contain the following terms and conditions:
(1) Where funds committed under the MASA are to be used for development assistance pursuant to Article 6 prior to allocation as mortgage assistance to eligible households, the MASA shall contain the terms and conditions set forth in Section 7584.
(2) The grantee shall indicate the estimated income levels of the households that will receive mortgage assistance and such information shall be consistent with the information provided in the approved application, pursuant to Section 7542(c)(3).
(3) Prior to fund disbursement to eligible households, the grantee shall identify each eligible household which will occupy an assisted unit and the amount of mortgage assistance funds for each household.
(4) On or before the sale or conveyance of a newly constructed assisted unit to an eligible household, or on or before the Department's disbursement of funds for an assisted unit to be rehabilitated, the grantee shall ensure that the eligible household which will own and/or occupy the assisted unit executes the Deferred Payment Loan agreement and related documents pursuant to Article 5.
(5) Conditions for the disbursement of mortgage assistance funds to, or on behalf of, eligible households, including the allocation to eligible households of funds which have been used for development assistance shall be specified in the MASA.

(6) For the duration of the MASA, the grantee shall not sell or convey the project, or any portion thereof or interest therein, except as specifically provided in the Agreement.
(7) In the event of a breach of any of its conditions or covenants by the grantee or its successors in interest, the Department shall have the option to enforce the Agreement by any proceeding at law or in equity. The Department may, at its option, require the grantee or its successor in interest to repay immediately to the State the total amount of the loan then due with simple interest at 10% per annum.
(8) A requirement that the grantee submit a performance report to the Department for each stage of the project. Each report shall describe the progress of the project, and shall include the estimated time to completion and a detailed itemized breakdown of grant and other expenditures. The Department shall have the right, without charges or royalty, to publish and distribute all reports, data, memoranda, bulletins or manuals developed or written by the grantee or its offices, employees or agents in its implementation of the project.

(9) A provision that all books, records, documents and files of the grantee which are maintained for the project shall be available upon notice for inspection by the Department and its representatives.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Sections 50696 and 50697.5, Health and Safety Code.








s 7570. Household Eligibility and Amount of Loans.
(a) Eligibility for participation with a commitment for mortgage assistance is limited to low-income households. This eligibility shall be determined at the time the sponsor gives final approval for a household's participation in the program, or on approval of permanent financing, whichever is earlier.
(b) For new construction, the maximum deferred payment loan which an eligible household may receive shall be determined as follows:

(1) Determine the amount of total financing required by subtracting from the sales price any downpayment or subsidies other than from the Department;
(2) Calculate 30% of the eligible household's gross monthly income as established at the time permanent financing is approved. From this amount, subtract property taxes, insurance, and utilities and, if required, mortgage insurance and homeowner association fees, to determine the net income available for mortgage payment;
(3) Using the interest rate and term of the first mortgage, calculate the mortgage that the net income in (2) will amortize.
(4) Subtract the amount calculated in (3) from the fist mortgage calculated in (1). This amount, if positive, is the allowable mortgage assistance, up to a maximum of $15,000, for the eligible household.
(c) An eligible household may receive a deferred amount loan for the rehabilitation of an assisted unit subject to the following conditions:
(1) The after-rehabilitation loan-to-value ratio, including the Department's loan, shall not exceed 95 percent.

(2) The proceeds of the deferred payment loan shall only finance rehabilitation costs directly related to compliance with local code rehabilitation standards.
(3) The amount of the deferred payment loan shall not exceed the lesser of the following:
(A) $15,000 or
(B) The amount needed to finance the direct cost of the approved rehabilitation work necessary to comply with rehabilitation standards.
(4) Priority shall be given to eligible households spending 30 percent or more of their gross monthly income on housing costs. Households spending less than 25 percent of their gross monthly income for housing costs shall provide evidence that necessary financing cannot be obtained from other sources. "Gross monthly income" shall be established at the time the sponsor gives final approval for a household's participation in the program.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7572. Terms and Conditions of Deferred Payment Loans to Households.
(a) An eligible household receiving a loan pursuant to this Article shall enter into a Deferred Payment Loan Agreement (DPLA) with the Department. The term of the DPLA shall not exceed 20 years.
(b) The DPLA shall contain the following terms and conditions:
(1) The eligible household shall execute a Promissory Note containing the terms set forth in subdivisions (b)(2), (b)(3) and (b)(4) of this section and a Deed of Trust. The Deed of Trust shall be sufficient for recordation and sufficient to secure the obligations of the Promissory Note. The DPLA shall provide for the order of recordation of the Deed of Trust and for its priority with respect to other liens and encumbrances recorded against the assisted unit.
(2) The DPLA shall include a provision that the agreement will terminate and the eligible household will be required to repay the outstanding mortgage assistance and accrued interest if the household ceases to occupy the assisted unit as its principal residence, other than as the result of a sale, transfer, or conveyance pursuant to Section 7574.
(3) A Deferred Payment Loan shall bear simple interest at seven (7) percent per year for the first ten years of the loan to any one eligible household. Repayment of principal and payment of interest shall be deferred until sale or conveyance of the assisted unit pursuant to Section 7574.
(4) The loan principal and accrued interest shall be forgiven at 10 percent per year of the total outstanding amount beginning with the 11th year, with total forgiveness of both interest and principal after 20 years provided that an eligible household remains in compliance with the DPLA.


Note: Authority cited: Section 50697(d), the Health and Safety Code. Reference: Sections 50696 and 50697(d), Health and Safety Code.








s 7574. Resale and Loan Assumption.
(a) The owner of an assisted unit shall notify the Department prior to the sale, transfer or conveyance of the assisted unit or any interest therein.
(b) The sale, transfer, or conveyance of an assisted unit or interest therein is subject to the following conditions:
(1) If the sale or transfer is to a low-income household, the purchaser may assume the deferred payment loan upon completion of terms and conditions set forth in Sections 7572 and 7574(c).
(2) If the sale, transfer, or conveyance is not to a low-income household, the deferred payment loan and accrued interest shall be due and payable upon the sale, transfer, or conveyance pursuant to Section 7572.
(3) If, at time of resale, the market value of the housing unit is less than the sum of the outstanding balances on permitted mortgages and permitted liens, plus the value of sweat equity, then the amount of mortgage assistance due in repayment, or available for assumption, shall be reduced by the difference between the market value of the housing unit and said sum. The Department shall establish a value for the sweat equity based on information submitted by the grantee and shall determine the fair market value at the time of the proposed resale.
(c) A low-income household seeking to assume the deferred payment loan shall:
(1) Apply to the Department on an approved form;
(2) Provide the Department with complete and accurate information as to income and estimated housing costs; and

(3) Execute a new Deferred Payment Loan Agreement for the principal balance remaining on the loan.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7576. Terms and Conditions of Deferred Payment Loans for Cooperatives or Rental Sponsors.
(a) Individual households occupying assisted units in cooperatives or in rental housing developments shall not be entitled to Deferred Payment Loans. Such loans may be made to cooperatives or rental sponsors for the benefit of eligible households as follows:
(1) The loan shall have a term of twenty years and shall bear simple interest at seven percent (7%) per annum, with payments of principal and interest to be deferred except where repayment is required pursuant to this Section and Section 7574;
(2) The cooperative or rental sponsor agrees to execute a Promissory Note evidencing the loan and a Deed of Trust on the property securing the Note. The Deed of Trust shall be recorded as a lien against the property;
(3) The proceeds of the loan shall be utilized to reduce the housing costs of eligible households in assisted units in the cooperative or rental housing development, subject to the limits and requirements set forth in Section 7570;
(b) The cooperative or rental sponsor shall enter into a regulatory agreement with the Department that includes but is not limited to, the following provisions:
(1) The type and number of assisted units to be occupied by eligible households during the term of the loan;
(2) The manner in which the loan shall result in reduced housing costs or rents for eligible households and long-term rights to occupancy;

(3) The cooperative or rental sponsor shall not sell, transfer, convey, or encumber its interest or any portion thereof in the property without the prior written approval of the Department;
(4) The term of the regulatory agreement shall not be less than 20 years; but shall not exceed 20 years from the date of completion of construction or rehabilitation.
(5) The Deferred Payment Loan and all accrued interest thereon shall be forgiven twenty years after the date of execution of the regulatory agreement provided that the cooperative or rental sponsor has substantially complied with the provisions thereof.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Sections 50696 and 50697(d), Health and Safety Code.








s 7578. Mortgage Subsidy Assistance.
(a) In lieu of assistance provided to eligible households through deferred payment loans, sponsors may propose, in their applications for funding, a method for providing assistance to eligible households to reduce their monthly mortgage interest costs. The Department may accept or reject the proposal, or require the sponsor to amend the proposal.
(b) The Department will use the following criteria in evaluating the proposal for acceptance, rejection, or modification:

(1) The capability of the Department, sponsor, lender or other party to administer and monitor the payments;
(2) The extent to which the proposed method will maximize the benefits of program funds for eligible households;
(3) The extent to which the proposal will encourage resale of the assisted units to low-income households; and
(4) The adequacy of proposed security to protect the program funds and ensure compliance with program requirements.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7580. Development Assistance Under the Mortgage Assistance Standard Agreement.
A grantee may apply for funds awarded under Article 4 for payment of approved development costs pursuant to this Article and applicable provisions of the MASA. For each project, the amount of development assistance shall not exceed the amount of mortgage assistance committed pursuant to Article 4.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7582. Eligible Uses of Funds.
Development assistance may be used for costs incurred in connection with self-help construction including the following.
(a) The cost of acquiring or refinancing the property;
(b) The cost of site preparation, demolition, and clearing;
(c) Architectural, engineering, legal, accounting, consulting, and other fees in connection with the planning, execution, and financing of the project;
(d) The cost of necessary studies, surveys, plans and permits;
(e) The cost of insurance, interest and financing, taxes and assessments and carrying costs incurred during self-help construction;
(f) Onsite construction costs of labor and material directly for self-help construction;
(g) The cost of offsite improvements, including streets, sewers, and utilities.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code.








s 7584. Terms and Conditions of Development Assistance.
(a) As a condition of a commitment of development assistance funds, the following terms and conditions shall be incorporated into the MASA:
(1) The amount, timing and manner of disbursement of development assistance funds by the Department;
(2) A description and allocation of eligible costs to be paid by development assistance funds;

(3) The timing of and manner by which the development assistance shall be provided to eligible households or cooperatives as mortgage assistance. The grantee shall be required to complete the project and provide mortgage assistance to eligible households within two years of the date of commitment of the development assistance; and
(4) Remedies of the Department in the event that the grantee breaches, defaults or violates the development assistance provisions of the MASA.
(5) The order of recordation and the priority to be accorded the Deed of Trust referred to in subdivision (b) below.
(b) Development assistance for the project shall be provided in the form of a loan evidenced by a note in the amount of the approved development assistance and secured by a Deed of Trust in favor of the Department which shall be recorded as a lien against the property.
(c) The note shall bear interest at ten percent (10%) per annum which interest shall be forgiven upon grantee's performance of the development assistance as specified in the MASA. Principal of the development assistance note shall be reduced in increments, and parcels released from the lien of the development assistance Deed of Trust, when mortgage assistance is provided to eligible households in accordance with the MASA.


Note: Authority cited: Section 50697(d), Health and Safety Code. Reference: Section 50696, Health and Safety Code. 7670 Purpose and Scope.









s 7600. Authority and Purpose.


Note: Authority cited: Section 50710, Health and Safety Code; Reference: Section 50710, Health and Safety Code.









s 7601. Federal Law and Regulations.
(a) This subchapter shall be interpreted to be consistent with all applicable federal law and regulations and, in the event of conflict, federal law or regulations will prevail.
(b) The Department of Housing and Community Development and its contractors and subcontractors shall comply with all state and federal civil rights laws and regulations and shall not discriminate based on race, color, sex, creed, religion, national origin, age, or any physical handicaps.
(c) Any information, documents or sources obtained by a contractor or the Department from resident shall remain confidential, and shall be released only pursuant to the requirements of the Information Practices Act of 1977 (Government Code Section1798 and following) and other applicable state and federal law.
(d) The Department shall review and approve the form of all notices, applications, and other documents required by these regulations, before they are provided to residents.
(e) The Department shall designate a period, of 180 days each calendar year, unless otherwise extended to or reduced by written agreement between the Department and the contractor, during which the housing center(s) shall be open to migratory agricultural workers and their families for occupancy, which period will be referred to as the on-season. The remaining period of time during each calendar year shall be referred to as the off-season.


Note: Authority cited: Section 50710, Health and Safety Code; Reference: Section 50710, Health and Safety Code.








s 7602. Definitions.
(a) "Agricultural employment" means work on either a farm, ranch or orchard, or the processing of agricultural products.
(b) "Applicant" means an individual who signs an application for admission to a migrant housing center.
(c) "Contractor" means a housing authority, school district, health agency or other appropriate local public or private nonprofit agency and its agents and other appropriate local public or private nonprofit agency and its agents and employees which has contracted with the Department to operate and maintain and provide services for one or more migrant centers pursuant to Subchapter 8.5 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50710.
(d) "Department" means the Department of Housing and Community Development, Office of Migrant Services.
(e) "Earned income" means income received as payment for work.
(f) "Household" means immediate family members who reside, or who have made application to reside together, as a single family at a migrant center.
(g) "Immediate family" means a migrant center resident and his or her parents, children and spouse, or any other related dependents or persons who regularly live with the family and whose income(s) and resources are available for use in meeting the living expense of the group. In addition to sons and daughters of a resident, "children" shall include minors who are financially dependent on a resident, whether or not they are related to the resident. "Spouse" shall include a person who acts as the husband or wife of the resident, whether or not they are legally married.
(h) "Migrant center" and "migrant housing center" mean a housing center administered by the Department and operated by a contractor for the purpose of providing housing for migratory agricultural workers pursuant to Health and Safety Code section 50710 and shall include all housing units, common areas and structures, equipment and furniture within a housing center, excepting those facilities owned exclusively by a contractor or other interests and not meant for the use of migratory agricultural workers.
(i) "Migratory agricultural worker" means an individual who:
(1) has the employment status of one of the following:
(A) during the current or preceding calendar year, derived at least 50 percent of his/her total annual household earned income from agricultural employment, or
(B) can produce current evidence of a current job offer in agricultural employment; and

(2) performs, has performed, or will perform such agricultural labor during the current or preceding calendar year under conditions which require roundtrip travel exceeding 100 miles per day such that he/she was unable to return to his/her chosen place of residence within the same day of labor; and
(3) has resided together with his/her immediate family outside a 50 mile radius of the migrant center for at least 3 months out of the preceding 6 month period.
(j) "Operating costs" means the amount of the total expenditures necessary to pay for the costs of operating a migrant family housing center in compliance with Sections 50710 through 50713 of the Health and Safety Code and Sections 7601 through 7665 of Title 25 of the California Code of Regulations. Costs shall include permanent salaries/wages, temporary salaries/wages, and personnel benefits; center office supplies, household supplies, communication, travel and gas/oil; minor equipment and repair/maintenance; purchases under $150.00; major equipment purchase and repair/maintenance, equipment rental, electricity, and gas; garbage, trash, sewer, and water; other costs; electric/plumbing/paint/solar supplies and services; lumber and materials; grounds maintenance; rehabilitation and repairs; debt service; replacement reserves; administrative support services, travel and auditing expenses.
(k) "Resident" means an individual migratory agricultural worker who signs a lease to reside in a migrant center.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Sections 50710 and 50712.5, Health and Safety Code.








s 7610. Eligibility for Admission.
An applicant and his/her immediate family are eligible for admission to a migrant center if they meet all of the following criteria:
(a) The applicant or applicant's spouse is a migratory agricultural worker. In determining status as a migratory agricultural worker, as defined in Section 7602, the combined earned income of all members of the applicant's household shall be considered, and as long as 50% of the household's combined earned income is derived from agricultural employment, any individual household members may engage in non-agricultural employment.
Income from employment at a migrant center shall be included as agricultural employment in the total annual household income when evaluating compliance with the above 50% requirement.
(b) There is more than one person in the applicant's household and all household members are members of the applicant's immediate family.
(c) The applicant and his/her household conforms to the occupancy standards set out in Section 7612.
(d) The contractor may determine that an applicant is not eligible for admission if, on the basis of substantial, factual evidence of that person's prior actions there is good cause to believe that the applicant or any member of his/her household will repeatedly fail to pay rent, will create a substantial threat to the health and safety of other residents, or will repeatedly breach material requirements of the lease. Unsubstantiated oral statements will not be deemed substantial factual evidence.
(e) The above eligibility criteria shall be exclusive and no other factors shall be considered in determining eligibility of applicants.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.








s 7611. Admission Priorities.
(a) Applicants shall apply for admission on a first-come, first-serve basis, on the day that each migrant center opens for housing registration. An alternative method permitting preferential admission for residents of the migrant center's previous season may be used if approved by the Department.
(b) Applicants who have previous or current agricultural employment shall be given priority for occupancy of units during the opening day each season over those who have no history of current or past agricultural employment, but have offers of employment.
(c) If more eligible applicants apply than there are available units, the contractor shall maintain a waiting list with applicants listed in order of date and time of application. A priority number shall be issued upon application and shall be noted on the application form. When a housing unit becomes vacant, the contractor shall offer the unit to the first eligible appropriate candidate on the list. If after a good faith effort the contractor is unable to contact the first applicant on the list, the contractor may offer the unit to the next eligible appropriate candidate on the list, until the list is exhausted. If an applicant has not checked in with the contractor in the prior 24 hours, his/her name may be dropped from the waiting list.
(d) The foregoing priority shall be followed without regard to race, creed, religion, sex, color, or national origin or any other factor precluded by law.


Note: Authority cited: Section 50710, Health and Safety Code; Reference: Section 50710, Health and Safety Code.









s 7612. Occupancy Standards.
(a) Each migrant center shall remain open 180 days each calendar year. The period of time during which a migrant center is open may be extended or reduced pursuant to written agreement between the Department and the contractor responsible for the operation and maintenance of that migrant housing center.
(b) A migratory agricultural worker and his/her immediate family may not occupy more than two housing units at any one time.
(c) To avoid overcrowding and prevent waste of space, dwellings are to be assigned in accordance with the occupancy standards set forth as follows:

Maximum number
Number of Bedrooms of Persons
1 4
2 7
3 10
4 13


These maximum standards may be waived by the contractor when appropriate in order to make temporary use of available vacant units or to house families in urgent need.
If a resident is living in a unit which is too small for his/her household according to these occupancy standards, the contractor may transfer resident to the next available unit of appropriate size or may provide resident with an available additional unit. In addition, contractor may require a resident who is living in a unit which is too large for his/her household to exchange units with a resident who is living in a unit which is too small.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.








s 7613. Application and Admission Requirements.
(a) The Application for Admission constitutes the basic record of each migratory agricultural worker and his/her household who has applied for admission to a migrant housing center. Each applicant shall provide all information requested in the Application for Admission, sign the application, and attest to the accuracy of the data provided.
(b) Each application for Admission shall reflect the date and time of application by the applicant.
(c) Applications for Admission shall be available in English and the language spoken by a majority of applicants. The contractor shall provide assistance to all applicants in filling out the application.
(d) The Application for Admission and all other materials relating to the eligibility of the applicant and his/her household, including applicants who are found ineligible, shall be kept in an active file.
(e) The Application for Admission shall call only for information necessary to determine the eligibility of the applicant and his/her household as defined in Section 7610. Such information shall include the size and composition of the applicant's household.


Note: Authority cited: Section 50710, Health and Safety Code; Reference: Section 50710, Health and Safety Code.








s 7614. Verification.
(a) The contractor shall verify information provided by the applicant.
(b) The contractor shall accept a document submitted by an applicant for verification if it provides credible evidence of applicant's eligibility. The department may determine which types of documents do not provide credible evidence. The following are examples of acceptable documents but other forms of documentation offered by the applicant may be accepted:

(1) Income tax reports (e.g. W-2 forms) or other statements from employers or other income sources.
(2) Signed employer verification form,
(3) Migrant transfer record,
(4) Unemployment insurance benefits reports,
(5) Vehicle license number,
(6) Driver license.
(7) Signed current letter from employer or potential employer verifying current job offer for an applicant with no prior history of agricultural employment.
(c) Information obtained by telephone or personal interview may be used for admission, provided that no other documentation can be provided by applicant. A memorandum shall be placed in the verification records summarizing the information, stating the source and date of contact, and shall be signed and dated by the contractor's agent or employee who prepared the memorandum.
(d) In order to determine whether an applicant is ineligible for admission on the grounds stated in Section 7610 (d), the contractor may rely upon, for example, written records of a migrant center or other housing management, statements of a migrant center manager or other housing manager or owner or a chairperson of a resident council, and written records of administrative and court hearings in cases where action was brought against the applicant regarding conduct in a migrant center or other housing. Only credible information regarding the applicant's prior actions may be taken into account.
(e) Documents and other verification information shall be required only for the purpose of determining eligibility under the criteria in Section 7610 and shall not be required for any other purpose.
(f) Verification information shall be reviewed and evaluated as received for completeness, accuracy, and conclusiveness. Where the information received, at the time of application, is not adequate to verify the applicant's eligibility, the contractor may exercise discretion and either notify applicant that he/she is ineligible or permit applicant an additional 24 hours to produce the necessary documents. If during the verification process it becomes evident that for one or more reasons an applicant is ineligible, the investigation is to be discontinued and the applicant notified of his/her ineligibility and the reasons therefor, and of his/her right to a hearing as provided in Section 7615.
(g) If a determination is made that an applicant is not eligible the reasons for that finding and a summary of the information upon which that finding is based shall be written on the application form and signed by the staff person who made the determination.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.








s 7615. Notification to Applicants.
(a) Each applicant shall be notified as promptly as possible regarding his/her eligibility status. If determined to be ineligible for admission, the applicant is to be informed in writing of the determination, the reasons for the determination, and of his/her right to request a hearing pursuant to subsection (b) of this section. For each such case, a record shall be maintained, including a notation of the circumstances involved, final action taken, and the dates. A form for requesting a hearing shall be in English and in any other language spoken by a majority of applicants.
(b) An applicant must request a hearing within 24 hours after written notification of ineligibility is personally delivered, or his/her rights to a hearing shall be deemed to be waived.
(c) Except where an applicant is refused admission due to lack of appropriately- sized housing units, contractor shall hold an appropriate unit vacant until the time to request a hearing has passed or, if a hearing is timely requested, until after a hearing is conducted.
(d) A hearing requested pursuant to subdivision (b) shall be held promptly, and shall be conducted in the primary language of the applicant or with a translator who speaks such language. Applicant shall not be required to miss work in order to appear at the hearing. The hearing requested pursuant to this section shall be conducted by a supervisor of the person who made the determination that the applicant was ineligible. Such decision shall be in writing and set forth the reasons and findings for the decision.
(e) Each applicant determined to be eligible for admission shall be housed promptly. The date that housing units are assigned may be designated by the Department.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.








s 7616. Execution and Amendment of Dwelling Lease.
(a) At the time of admission, the applicant accepted for admission shall sign the lease. The lease shall comply with Section 7623 and shall be prepared in triplicate. One copy shall be given to the applicant, one copy to the Contractor, and the original shall be filed in the permanent record folder established for the applicant at the center office.
(b) If, through any cause, the signer of the lease ceases to be a member of the resident household, a new lease shall be signed by the family member qualifying as head of the household, provided the household remains eligible for continued occupancy.
(c) If a resident household transfers to a different migrant center a new lease shall be executed to reflect the new dwelling.
(d) If, at any time during the term of the lease, any other change in the resident's status results in the need to change or amend any provisions of the lease, the lease should be amended to reflect the changes.
(e) All lease revisions are to be dated and signed by the resident.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.








s 7620. Local Rules and Regulations.
In addition to the requirements in the lease, each contractor may adopt reasonable rules and regulations necessary for the proper operation of each migrant housing center and consistent with this subchapter. Such rules and regulations shall be submitted to the resident council for comment and to the Department for approval prior to their becoming effective. Such rules and regulations shall be given to each applicant at the time the lease is signed.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.









s 7621. Rents.
Rents shall be charged according to a schedule of rents established by the Department. Rents shall not be adjusted except in accordance with Section 7650 or 7653.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.










s 7622. Replacement Charges.
The charges to residents for damages caused to the migrant center property shall be made in accordance with a schedule of replacement costs which shall be adopted by each contractor and posted in the management office of each migrant center, and shown to applicant at the time the lease is signed.


Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.









s 7623. Lease.
Each contractor shall use the following lease when leasing a unit in a migrant housing center. The lease shall be in English and a copy provided in the language spoken by a majority of applicants.
HOUSING AUTHORITY

BOARD OF SUPERVISORS

BOARD OF DIRECTORS

OF THE_________OF________

MIGRANT CENTER________UNIT NO._________

OCCUPANCY DATE___________BEDROOM SIZE___________

The___________of the_________of_________(Management), relying upon statements in the resident's application for housing, agrees to lease to _____________________________(Resident), the residence described above, under the terms and conditions stated in this lease. The following people will occupy the residence:
___________________ _________________
___________________ _________________
___________________ _________________
___________________ _________________
___________________ _________________
1. TERM OF LEASE

The term of this lease shall be one month. The lease shall be automatically renewed for successive terms of one month unless terminated in accordance with Paragraph 6 of this lease.
2. OCCUPANCY

Resident, and members of Resident's household, as listed in Resident's application for housing, shall have the exclusive right to use and occupy the residence. Resident shall not sublet nor assign this lease. Resident agrees to comply with the transfer procedures in the Resident's Handbook for Migrant Centers.
3. RENT

The daily rent for these premises is_________. The rent shall be paid___ weekly, ______ bi-weekly, _______monthly (check one) in advance on the__day of each___.
4. SECURITY DEPOSITS

Resident agrees to pay $__as a security deposit upon the terms and conditions contained in the Resident's Handbook for Migrant Centers. Resident agrees to pay $25.00 as an additional security deposit for the first two electronic gate security cards assigned to a household at Centers that have electronic gates, and $25 for each additional card after the first two. These security deposits shall be returned to the Resident upon the conditions contained in the Resident's Handbook for Migrant Centers.
5. UTILITIES

Management shall pay for the cost of all utilities, except telephone.
6. TERMINATION OF LEASE

(a) Resident may terminate this lease at any time. Rent is only paid for the period Resident actually occupied the housing unit. Any unused rent shall be returned to Resident according to the termination terms and conditions contained in the Resident's Handbook for Migrant Centers.
(b) Management may terminate this lease only for good cause. Management shall terminate this lease in accordance with the provisions contained in the Resident's Handbook for Migrant Centers.
7. RESIDENT'S HANDBOOK FOR MIGRANT CENTERS

The provisions contained in the Resident's Handbook for Migrant Centers shall be a part of this lease. Resident and Management agree to be bound by the terms of the Handbook.

DATED: __________ ________________
RESIDENT
DATED: ________________
MANAGEMENT




Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code. (continued)