reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1778 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1778.

1778.  (a)  There is hereby created in the State Treasury a fund which shall be known as the Continuing Care Provider Fee Fund. The fund shall consist of fees received by the department pursuant to this chapter. Notwithstanding Section 13340 of the Government Code, the Continuing Care Provider Fee Fund is hereby continuously appropriated to the department, without regard to fiscal years. (b)  Use of the funds appropriated pursuant to this section shall include funding of the following: (1)  Program personnel salary costs, to include but not be limited to: Continuing Care Contracts Program Manager at a level consistent with other management classifications that direct a regulatory program with statewide impact requiring skills and knowledge at the highest level with responsibility for work of the most critical or sensitive nature as it relates to the department’s mission, including protecting vulnerable elderly persons, supervising technical staff with oversight of highly complex operations and responsibility for policy and program evaluation and recommendations; full-time legal counsel with a working knowledge of all laws relating to the regulation of continuing care retirement communities and residential care facilities for the elderly; financial analyst with working knowledge of generally accepted accounting principles and auditing standards; and other appropriate analytical and technical support positions. (2)  Contracts with technically qualified persons, to include but not be limited to financial, actuarial, and marketing consultants, as necessary to provide advice regarding the feasibility or viability of continuing care retirement communities and providers. (3)  Other program costs or costs directly supporting program staff. (4)  The department shall use no more than 5 percent of the fees collected pursuant to this section for overhead costs, including facilities operation, and indirect department and division costs. (c)  If the balance in the Continuing Care Provider Fee Fund is projected to exceed five hundred thousand dollars ($500,000) for the next budget year, the department shall adjust the calculations for the application fees under Section 1779.2 and annual fees under Section 1791 to reduce the amounts collected. (d)  The intent of the Legislature is to empower the program administrator with the ability and authorization to obtain necessary resources or staffing to carry out the program objectives. (Amended by Stats. 1995, Ch. 920, Sec. 14. Effective January 1, 1996.)
CA Health & Safety Code § 1779.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 2 - Application|Section 1779.2.

1779.2.  (a)  Any entity filing an application for a permit to accept deposits and a certificate of authority shall pay an application fee. (b)  The applicant shall pay 80 percent of the application fee for all planned phases at the time the applicant submits its application. The 80 percent payment shall be made by check payable to the Continuing Care Provider Fee Fund. The department shall not process the application until it has received this fee. (c)  For new continuing care retirement communities or for the sale or transfer of existing continuing care retirement communities, the application fee shall be calculated as one-tenth of 1 percent of the purchase price of the continuing care retirement community, or the estimated construction cost, including the purchase price of the land or the present value of any long-term lease and all items listed in subparagraph (D) of paragraph (2) of subdivision (y) of Section 1779.4. (d)  For existing continuing care retirement communities that are proposing new phases, remodeling or an expansion, the application fee shall be calculated as one-tenth of 1 percent of the cost of the addition, annexation, or renovation, including the value of the land and improvements and all items listed in subparagraph (D) of paragraph (2) of subdivision (y) of Section 1779.4. (e)  For existing facilities converting to continuing care retirement communities, the application fee shall be calculated as one-tenth of 1 percent of the current appraised value of the facility, including the land, or present value of any long-term lease. (f)  For organizational changes, the application fee shall be determined by the department based on the time and resources it considers reasonably necessary to process the application, including any consultant fees. The minimum application fee for those applications shall be two thousand dollars ($2,000). (g)  The applicant shall pay the remainder of the application fee before the provisional certificate of authority is issued, or in the case of expansions or remodeling, before final approval of the project is granted. The applicant shall make this payment by check payable to the Continuing Care Provider Fee Fund. (Amended by Stats. 2000, Ch. 820, Sec. 26. Effective January 1, 2001.)
CA Health & Safety Code § 1779.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 2 - Application|Section 1779.6.

1779.6.  (a)  Within seven calendar days of receipt of an initial application for a permit to accept deposits and a certificate of authority, the department shall acknowledge receipt of the application in writing. (b)  Within 30 calendar days following its receipt of an application, the department shall determine if the application is complete and inform the applicant of its determination. If the department determines that the application is incomplete, its notice to the applicant shall identify the additional forms, documents, information, and other materials required to complete the application. The department shall allow the applicant adequate time to submit the requested information and materials. This review may not determine the adequacy of the materials included in the application. (c)  Within 120 calendar days after the department determines that an application is complete, the department shall review the application for adequacy. An application shall be adequate if it complies with all the requirements imposed by this chapter, and both the financial study and marketing study reasonably project the feasibility of the proposed continuing care retirement community, as well as demonstrate the financial soundness of the applicant. The department shall either approve the application as adequate under this chapter or notify the applicant that its application is inadequate. If the application is inadequate, the department shall identify the deficiencies in the application, provide the appropriate code references, and give the applicant an opportunity to respond. (d)  Within 60 calendar days after receiving any additional information or clarification required from the applicant, the department shall respond to the applicant’s submission in writing and state whether each specific deficiency has been addressed sufficiently to make the application adequate. If the department determines that the application is adequate and in compliance with this chapter, the department shall issue the permit to accept deposits. If the department determines that the response is inadequate, it may request additional information or clarification from the applicant pursuant to subdivision (c) or deny the application pursuant to Section 1779.10. (e)  If the applicant does not provide the department with the additional information within 90 days after the department’s notice described in subdivision (c), the application may be denied for being inadequate. Any new application shall require an application fee. (Amended by Stats. 2000, Ch. 820, Sec. 28. Effective January 1, 2001.)
CA Health & Safety Code § 1779.7 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 2 - Application|Section 1779.7.

1779.7.  (a)  Where any portion of the consideration transferred to an applicant as a deposit or to a provider as consideration for a continuing care contract is transferred by a person other than the prospective resident or a resident, that third-party transferor shall have the same cancellation or refund rights as the prospective resident or resident for whose benefit this consideration was transferred. (b)  A transferor shall have the same rights to cancel and obtain a refund as the depositor under the deposit agreement or the resident under a continuing care contract. (Added by Stats. 2000, Ch. 820, Sec. 28.5. Effective January 1, 2001.)
CA Health & Safety Code § 1779.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 2 - Application|Section 1779.8.

1779.8.  (a)  The applicant shall notify the department of material changes in the application information submitted to the department, including the applicant’s financial and marketing projections. (b)  An applicant shall provide to the department at least 60 days’ advance written notice of any proposal to make any changes in the applicant’s corporate name, structure, organization, operation, or financing. (c)  Within 30 calendar days after receiving notice of a change affecting the applicant or the application, the department shall advise the applicant: (1)  Whether additional information is required to process the pending application. (2)  Whether an additional application fee is required. (3)  Whether a new application and application fee must be submitted. The new application fee shall be twice the actual cost of additional review time caused by the change. This additional fee is payable to the department on demand. (d)  The department shall suspend the applicant’s application and, if applicable, its permit to accept deposits if the applicant fails to give written notice of changes required by this section. The suspension shall remain in effect until the department has both assessed the potential impact of the changes on the interests of depositors and taken such action as necessary under this chapter to protect these interests. (Amended by Stats. 2000, Ch. 820, Sec. 29. Effective January 1, 2001.)
CA Health & Safety Code § 1779.10 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 2 - Application|Section 1779.10.

1779.10.  (a)  The department shall deny an application for a permit to accept deposits and a certificate of authority if the applicant fails to do any of the following: (1)  Pay the application fee as required by Section 1779.2. (2)  Submit all information required by this chapter. (3)  Submit evidence to support a reasonable belief that any interested party of the proposed continuing care retirement community who has committed any offenses listed in subdivision (k) of Section 1779.4 is of such good character as to indicate rehabilitation. (4)  Submit evidence to support a reasonable belief that the applicant is capable of administering the continuing care retirement community in compliance with applicable laws and regulations when an action specified in subdivision (j) or (k) of Section 1779.4 has been taken against the applicant. (5)  Demonstrate the feasibility of the proposed continuing care retirement community. (6)  Comply with residential care facility for the elderly licensing requirements. (b)  If the application is denied, no portion of the paid application fee shall be refundable or refunded. (c)  Immediately upon the denial of an application, the department shall notify the applicant in writing. (d)  The Notice of Denial from the department shall contain all of the following: (1)  A statement that the application is denied. (2)  The grounds for the denial. (3)  A statement informing the applicant that it has the right to appeal. (4)  A statement that the applicant has 30 calendar days from the date that the Notice of Denial was mailed to appeal the denial, and where to send the appeal. (e)  If the applicant appeals the denial, further proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2000, Ch. 820, Sec. 30. Effective January 1, 2001.)
CA Health & Safety Code § 1780 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1780.

1780.  The department shall issue a permit to accept deposits when it has done all of the following:(a)  Determined that the application is adequate. (b)  Determined that the proposed continuing care retirement community financial and marketing studies are acceptable. (c)  Reviewed and approved the deposit agreements. (d)  Reviewed and approved the deposit escrow account agreement. (Amended by Stats. 2000, Ch. 820, Sec. 31. Effective January 1, 2001.)
CA Health & Safety Code § 1780.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1780.2.

1780.2.  (a)  A deposit may be paid in one or several payments, at or after the time the parties enter into the deposit agreement. A deposit shall be paid by cash or cash equivalent, jointly payable to the applicant and the escrow agent or depository. Possession and control of any deposit agreement shall be transferred to the escrow agent at the time the deposit is paid.(b)  A processing fee may be added to the deposit. (1)  The processing fee shall not exceed 1 percent of the amount of the average entrance fee or five hundred dollars ($500), whichever is greater. (2)  A nonrefundable processing fee may be paid directly to the applicant without being placed in the deposit escrow account. (c)  Payments made by a depositor for upgrades or modifications to the living unit shall not be placed in escrow with deposits. The applicant shall provide written refund policies to the depositor before accepting any payments for modifications or upgrades. (d)  The applicant shall furnish to the department within the first 10 days of each calendar month a list of all residents who have made payments for modifications or upgrades, the amounts each resident has paid, the date of each payment, and the unit to be modified or upgraded for each resident. (e)  All payments for modifications or upgrades shall be refunded to the depositor with interest if the applicant does not receive a certificate of authority for the proposed continuing care retirement community or expansion. (f)  The department may record a lien against the continuing care retirement community property, or any portion of the continuing care retirement community property, to secure the applicant’s obligations to refund the depositor’s payments made for modifications or upgrades. Any lien created under this section shall be to protect depositors and shall be governed by Section 1793.15. (Amended by Stats. 2000, Ch. 820, Sec. 32. Effective January 1, 2001.)
CA Health & Safety Code § 1781 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1781.

1781.  (a)  All deposits, excluding processing fees, shall be placed in an escrow account. All terms governing the deposit escrow account shall be approved in advance by the department. (b)  The deposit escrow account shall be established by an escrow agent and all deposits shall be deposited in a depository located in California and approved by the department. The department’s approval of the depository shall be based, in part, upon its ability to ensure the safety of funds and properties entrusted to it and its qualifications to perform the obligations of the depository pursuant to the deposit escrow account agreement and this chapter. The depository may be the same entity as the escrow agent. All deposits shall be kept and maintained in a segregated account without any commingling with other funds, including any funds or accounts owned by the applicant. (c)  If the escrow agent is a title company, it shall meet the following requirements: (1)  A Standard and Poors rating of “A” or better or a comparable rating from a comparable rating service. (2)  Licensure in good standing with the Department of Insurance. (3)  Tangible net equity as required by the Department of Insurance. (4)  Reserves as required by the Department of Insurance. (d)  All deposits shall remain in escrow until the department has authorized release of the deposits, as provided in Section 1783.3. (e)  Deposits shall be invested in instruments guaranteed by the federal government or an agency of the federal government, or in investment funds secured by federally guaranteed instruments. (f)  No funds deposited in a deposit escrow account shall be subject to any liens, judgments, garnishments, or creditor’s claims against the applicant or the continuing care retirement community. The deposit agreement shall also provide that deposits may not be subject to any liens or charges by the escrow agent except that cash equivalent deposits may be subject to transaction fees, commissions, prepayment penalties, and other fees incurred in connection with those deposits. (Amended by Stats. 2000, Ch. 820, Sec. 34. Effective January 1, 2001.)
CA Health & Safety Code § 1781.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1781.2.

1781.2.  (a)  All deposits shall be delivered to the escrow agent and deposited into the deposit escrow account within five business days after receipt by the applicant. The deposit escrow account shall be accounted for in a separate escrow account. (b)  The applicant shall provide, with all deposits delivered to the escrow holder, a copy of the executed deposit agreement, a copy of the receipt given to the depositor, a summary of all deposits made on that date, and any other materials required by the escrow holder. (Amended by Stats. 2000, Ch. 820, Sec. 35. Effective January 1, 2001.)
CA Health & Safety Code § 1781.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1781.6.

1781.6.  All changes to a deposit agreement or deposit escrow account agreement form shall be submitted to, and approved by, the department before use by the applicant.(Amended by Stats. 2000, Ch. 820, Sec. 37. Effective January 1, 2001.)
CA Health & Safety Code § 1781.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1781.8.

1781.8.  (a)  Deposits held in escrow shall be placed in an interest bearing account or invested as provided under subdivision (e) of Section 1781. (b)  Interest, income, and other gains derived from deposits held in a deposit escrow account may not be released or distributed from the deposit escrow account except upon written approval of the department. (c)  Approval by the department for the release of earnings generated from funds held in escrow shall be based upon an assessment that funds remaining in the deposit escrow account will be sufficient to pay refunds and any interest promised to all depositors, as well as administrative costs owed to the escrow agent. (d)  When released by the department, interest earned by the funds in the deposit escrow account shall be distributed in accordance with the terms of the deposit agreement. (Amended by Stats. 2000, Ch. 820, Sec. 38. Effective January 1, 2001.)
CA Health & Safety Code § 1781.10 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1781.10.

1781.10.  No deposit or any other asset held in a deposit escrow account, shall be encumbered or used as collateral for any obligation of the applicant or any other person, unless the applicant obtains prior written approval from the department for the encumbrance or use as collateral. The department shall not approve any encumbrance or use as collateral under this section unless the encumbrance or use as collateral is expressly subordinated to the rights of depositors under this chapter to refunds of their deposits.(Amended by Stats. 2000, Ch. 820, Sec. 39. Effective January 1, 2001.)
CA Health & Safety Code § 1782 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1782.

1782.  (a) An applicant shall not begin construction on any phase of a continuing care retirement community without first obtaining a written acknowledgment from the department that all of the following prerequisites have been met:(1) A completed application has been submitted to the department.(2) A permit to accept deposits has been issued to the applicant or, in the case of continuing care retirement community renovation projects, the department has issued a written approval of the applicant’s application.(3) For new continuing care retirement communities, or construction projects adding new units to an existing continuing care retirement community, deposits equal to at least 10 percent of each depositor’s applicable entrance fee have been placed into escrow for each phase for at least 50 percent of the number of residential living units to be constructed.(b) Applicants shall notify depositors in writing when construction is commenced.(c) For purposes of this chapter only, construction shall not include site preparation, demolition, or the construction of model units.(Amended by Stats. 2006, Ch. 529, Sec. 2. Effective January 1, 2007.)
CA Health & Safety Code § 1783 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1783.

1783.  (a)  (1)  An applicant proposing to convert an existing building to continuing care use shall comply with all the application requirements in Section 1779.4 identified by the department as necessary for the department to assess the feasibility of the proposed continuing care retirement community or conversion. (2)  If the proposed continuing care retirement community is already occupied and only a portion of the existing residential units will be converted into continuing care units, the department may modify the presale requirements of paragraph (3) of subdivision (a) of Section 1782 and paragraph (2) of subdivision (a) of Section 1783.3. (b)  Any applicant proposing to convert an existing building into continuing care units shall indicate the portion of the facility to be used for continuing care contract services. The continuing care allocation specified by the applicant shall be reflected in all financial and marketing studies and shall be used to determine the applicant’s compliance with the percentage requirements stated in paragraph (3) of subdivision (a) of Section 1782 and paragraph (2) of subdivision (a) of Section 1783.3. (Amended by Stats. 2000, Ch. 820, Sec. 41. Effective January 1, 2001.)