reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17031.4.

17031.4. When the enforcement agency is a local agency, upon granting an exemption pursuant to Section 17031.3, the enforcement agency shall submit the following information to the department:
(a)  The year the housing was constructed.
(b)  The number of years, if any, the housing has been operated as employee housing with a valid permit to operate.
(c)  The number and character of any complaints received during the time the housing has been operated as employee housing.
(d)  Any violations of the provisions of this part and the State Housing Law which materially affect health and safety cited in the last inspection of the housing.
(e)  That the employee community housing has been exempted pursuant to Section 17031.3, and conforms with the requirements of Section 17005.5.
(Amended by Stats. 1992, Ch. 1298, Sec. 21. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17031.5.

17031.5. (a)  No person operating employee housing shall terminate or modify a tenancy by increasing rent, decreasing services, threatening to bring or bringing an action to evict, refusing to renew a tenancy, or in any other way intimidating, threatening, restraining, coercing, blacklisting, or discharging an employee or tenant because of the tenant’s exercise of any of the following acts:
(1)  Complaining in good faith, orally or in writing, to the operator, landlord, or employer about tenantability or about any right provided by this part.
(2)  Exercising any legal right with respect to the housing provided by this part.
(3)  Complaining in good faith, orally or in writing, to any applicable enforcement agency about tenantability or about any right provided by this part.
(4)  Bringing an action to enforce any rights provided for by this part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(5)  Bringing an action under Section 1942.5 of the Civil Code.
(b)  The tenant shall have a defense of retaliation in any action for possession if the employer or landlord acted in violation of this section. If the employer or landlord acts to discharge an employee or tenant or to modify or terminate a tenancy within six months after the employee or tenant has exercised any of the acts enumerated in subdivision (a), there is a rebuttable presumption affecting the burden of proof that the employer’s or landlord’s action was retaliatory.
(c)  No tenant shall have a defense of retaliation in an action for possession where tenantability is an issue of fact and the untenantable condition was caused by the deliberate or negligent act or omission of the tenant or a member of his or her family, or other persons on the premises with his or her consent.
(Amended by Stats. 1992, Ch. 1298, Sec. 22. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17031.6.

17031.6. (a)  In any action brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, in order to evict a tenant from employee housing, this section shall apply to that proceeding, notwithstanding any other provision of law including, but not limited to, Section 1170.5 of the Code of Civil Procedure.
(b)  If, in an action subject to this section, a tenant alleges both of the following in an answer or other response to an unlawful detainer action, the trial on that action shall be set not earlier than 30 days from the date of filing the answer, and in no event prior to the completion of reasonable and diligently pursued discovery, as determined by the court, unless both parties stipulate to an earlier date:
(1)  The tenant is not guilty of unlawful detainer because he or she has engaged in protected activity pursuant to Section 1942.5 of the Civil Code or Section 17031.5 of this code.
(2)  The landlord’s claim that the eviction is to allow the landlord to remove the subject rental unit from use as employee housing or from the market in order to rehabilitate or demolish it is a pretext to retaliate against the tenant.
(c)  If, in an action subject to this section, a tenant alleged that he or she is not guilty of unlawful detainer because he or she has engaged in protected activity pursuant to Section 1942.5 of the Civil Code or Section 17031.5, and the landlord alleges or introduces evidence at trial that the purpose of the eviction is to allow the landlord to remove the subject rental unit from use as employee housing or from the market in order to rehabilitate or demolish it, the court shall immediately continue the trial for not less than 30 days, unless both parties stipulate to a waiver of this requirement.
(d)  (1)  If, pursuant to this section, a trial is delayed or continued, the court, may, upon a noticed motion for a payment order by the lessor, order the monthly payment of the reasonable monthly rental value to the court, if rent were otherwise due, as a condition of issuing the delay or continuance order.
(2)  “Reasonable monthly rental value,” as used in this subdivision, means the amount determined by the court after deducting from the contract rent any set offs, including, but not limited to, a reduction in the rent because the dwelling is partially or completely untenantable or rent abatements due to the tenant or lessee. In addition, in determining whether to order the payment of a reasonable monthly rental value to the court, or in ascertaining its amount, the court shall consider the probability of the tenant or lessee prevailing in the trial, the financial ability of the tenant or lessee to maintain this action, and any other factor relevant to the proposed payment order.
(Amended by Stats. 1992, Ch. 1298, Sec. 23. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17031.7.

17031.7. (a)  No person operating employee community housing that has been granted an exemption pursuant to Section 17031.3, or who is in the process of applying for such exemption, shall take any retaliatory employment action against an employee/tenant because of the employee/tenant’s exercise of any of the following acts:
(1)  Exercising any legal right with respect to the housing.
(2)  Complaining, orally or in writing, to the landlord or employer about tenantability of the housing.
(3)  Complaining, orally or in writing, to any applicable agency about tenantability of the housing.
(4)  Bringing an action to enforce any rights provided for by this part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(b)  “Retaliatory employment action” includes discharge from employment, wage decrease, demotion, or any other action detrimental to the employee/tenant’s employment status because of the employee/tenant’s exercise of the enumerated acts.
(c)  Any person subject to this section shall also be subject to the provisions of Section 1942.5 of the Civil Code.
(Added by Stats. 1979, Ch. 1031.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17031.8.

17031.8. (a) An agency that exercises the responsibility for the enforcement of this part pursuant to Section 17050 shall submit to the Department of Housing and Community Development, on forms provided by the department, the information specified in subdivision (c) by March 31 of each year regarding the previous calendar year.
(b) The Department of Housing and Community Development shall gather the information specified in subdivision (c) for all permittees for which it acts as the enforcement agency and include a summary of the information from the permittees and enforcement agencies in the annual report submitted pursuant to Section 50408 regarding housing programs administered by the department. This subdivision shall be inoperative from July 1, 2009, to June 30, 2012, inclusive.
(c) The following information shall be provided for purposes of subdivisions (a) and (b) for the reporting year:
(1) The number and location of employee housing accommodations, including the number of permits to operate issued for employee housing accommodations.
(2) The number and location of inactive employee housing accommodations.
(3) The number and location of employee housing accommodations found operating without a permit.
(4) The number of employees occupying employee housing accommodations with a permit.
(5) The number of employees occupying accommodations found to be operating without a permit.
(6) The number and types of inspections and reinspections performed.
(7) A schedule of fees charged, the amount of fees collected for each type of fee charged and the total amount of fees collected.
(8) The number of complaints received during the reporting year and the character of any violations found for each accommodation operating under permit, operating without a permit, or inactive.
(9) The number and character of violations of this part and regulations adopted pursuant to this part found during inspection of each accommodation operating under permit, or operating without a permit.
(10) The number of violations of this part and regulations adopted pursuant to this part that resulted in civil citations.
(11) The number of cases referred to prosecutorial agencies such as the Attorney General or local district attorneys, the number of cases filed to enforce this part, and the amounts of all fines and civil penalties collected as a result of the enforcement of this part.
(12) The number of staff hours dedicated to the implementation of the Employee Housing Act (Part 1 (commencing with Section 17000)).
(13) The number and location of employee housing receiving an exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033.
(d) The information specified in subdivision (c) shall be maintained by the department and provided to members of the public who have requested it in writing.
(Repealed and added by Stats. 2009, Ch. 341, Sec. 2. (SB 73) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17032.

17032. Application for a permit to operate shall be made to the enforcement agency at least 45 days prior to the date of initial occupancy and shall be on the forms supplied by the enforcement agency and shall contain at least the following information:
(a)  The name and address and telephone numbers of the employee housing owner and operator.
(b)  The location of the employee housing.
(c)  Approximate number of occupants to be housed.
(d)  A description of the facilities comprising the employee housing.
(e)  Approximate dates of occupancy.
The operator shall obtain an amended permit to operate when there is any change in the foregoing information applicable to the employee housing.
(Amended by Stats. 1992, Ch. 1298, Sec. 25. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17033.

17033. Section 17032 shall not apply to employee housing owned or operated by railroad corporations. Application for a permit to operate employee housing owned or operated by a railroad corporation shall be made to the Department of Housing and Community Development within 30 days of initial occupancy and shall contain at least the following information:
(a)  The name and address and telephone numbers of the employee housing owner and operator.
(b)  The present location of the employee housing.
(c)  The present approximate number of occupants to be housed.
(d)  A description of the present facilities comprising the employee housing.
(e)  Approximate dates of present occupancy. An amended permit shall not be required if there is any change in the foregoing information applicable to the railroad employee housing, provided, however, the railroad corporation shall make this information available to the department upon reasonable request.
(Amended by Stats. 1993, Ch. 589, Sec. 94. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17034.

17034. If any person who holds an annual permit to operate employee housing violates any of the provisions of this part, building standards published in the State Building Standards Code relating to employee housing, the other regulations adopted pursuant to the provisions of this part, or conditions of the permit, the enforcement agency shall proceed according to Section 17055 immediately upon discovery of such a violation.
(Amended by Stats. 1992, Ch. 1298, Sec. 27. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17035.

17035. (a) The department shall establish and maintain a roster of all employee housing having a valid permit to operate.
(b) The department shall establish and maintain a roster of all affordable housing organizations certified pursuant to Section 17030.10.
(Amended by Stats. 2019, Ch. 866, Sec. 13. (AB 1783) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17036.

17036. (a) Except as provided in Section 18930, the department shall adopt regulations that it determines are necessary for the administration and enforcement of this part. The regulations adopted, amended, or repealed shall prescribe reasonable requirements for issuance of permits and establish procedures for suspension of permits, including appeal procedures.
(b) The department shall establish a schedule of fees to pay for the cost of administration and enforcement of this part, that includes, but is not limited to, the following minimum permit fees:
(1) A two-hundred-dollar ($200) issuance fee for a permit to operate employee housing for each employee housing facility.
(2) A twenty-seven-dollar ($27) permit operation fee for each employee the operator intends to house where that housing is supplied by the operator, and at least twenty-seven dollars ($27) for each lot or site provided for parking or the placement of manufactured homes, mobilehomes, or recreational vehicles or other accommodations by employees.
(c) (1) The department may adjust the fees established pursuant to subdivision (b), if necessary, to finance the costs of administration and enforcement of this part.
(2) Any fee adjustment pursuant to paragraph (1) shall be deemed a change in regulation for purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The department may adopt additional regulations to facilitate the development of employee housing pursuant to Sections 17021.5 and 17021.6.
(e) There is hereby established in the State Treasury the Employee Housing Regulation Fund. Moneys collected by the department pursuant to this part and regulations adopted thereto shall be deposited in the fund. Moneys deposited in the fund shall be available, subject to appropriation by the Legislature, to the department for expenditure in carrying out this part. The department shall set the fees with the primary objective that the aggregate revenue deposited in the fund shall not, on an annual basis, exceed the costs of the department’s activities mandated by this part. The total money contained in the fund on June 30 of each fiscal year shall not exceed the operating expenses and statewide general administrative costs that the department needs to enforce this part for one year. If the total money contained in the fund exceeds this amount, the department shall make appropriate reductions in the schedule of fees authorized by this section.
(Amended by Stats. 2023, Ch. 40, Sec. 11. (AB 129) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17037.

17037. A person, or the agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this part, with building standards published in the State Building Standards Code relating to employee housing, and with the other regulations adopted pursuant to this part.
(a) A person operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay double the fees prescribed for the permit to operate the employee housing.
(b) A person found for a second or subsequent time within a five-year period to be operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay 10 times the fees prescribed for the permit to operate the employee housing. The two or more violations referenced in this paragraph may be with regard either to the same enforcement agency or to two or more different enforcement agencies.
(c) Notwithstanding Section 17061, a landowner who obtained approval of an agricultural employee housing development pursuant to Section 17021.8 shall be subject to an administrative penalty issued by the department if the landowner fails to select an alternative certified person to operate and maintain the agricultural employee housing development as required by subdivision (c) of Section 17037.5.
(Amended by Stats. 2019, Ch. 866, Sec. 14. (AB 1783) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17037.5.

17037.5. (a) A person who ceases to operate or maintain employee housing that is subject to the permit requirement pursuant to this part shall complete and submit annually a Certificate of Non-Operation to the enforcement agency. The Certificate of Non-Operation shall be submitted for two years following the discontinuation of the use of any area on the property as employee housing. The Certificate of Non-Operation shall attest under penalty of perjury that the employee housing has been destroyed, or is no longer owned or operated, or has not been and shall not be occupied by five or more employees during the calendar year.
(b) The Certificate of Non-Operation shall include the owner’s name and address, the operator’s name and address, the employee housing name and location, the maximum number of employees who have occupied or shall occupy the employee housing during the calendar year, and any other information considered relevant by the enforcement agency. The Certificate of Non-Operation shall be completed and submitted to the enforcement agency no later than 30 calendar days after the enforcement agency provides the form to the owner or operator.
(c) If a certified person’s permit required by Section 17030 expires or the certified person is otherwise unable or unwilling to continue to operate and maintain an agricultural employee housing that was approved pursuant to Section 17021.8 for the agreed time period as required by Section 17021.8, the landowner who obtained that approval within 90 days of the certified person’s ceasing operation and maintenance of the agricultural employee housing, shall select an alternative certified affordable housing organization to operate and maintain the agricultural employee housing.
(Amended by Stats. 2019, Ch. 866, Sec. 15. (AB 1783) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17038.

17038. At all employee housing, a responsible person shall be appointed by the operator to maintain the employee housing in compliance with the use, maintenance, and occupancy requirements of this part and the regulations adopted pursuant thereto. In addition, at all employee housing, an operating telephone number shall be posted conspicuously for the purposes of emergencies and complaints.
(Amended by Stats. 1992, Ch. 1298, Sec. 32. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 3 - Permits and Fees › Section 17039.

17039. (a)  Every occupant of employee housing shall properly use the facilities furnished and shall comply with the relevant maintenance and sanitation provisions of this part.
(b)  The provisions of Chapter 6 (commencing with Section 17060) do not apply to this section.
(Added by Stats. 1997, Ch. 49, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17040.

17040. (a)  Except as provided in Section 18930, the department shall adopt, amend, or repeal rules and regulations for the protection of the public health, safety, and general welfare of employees and the public, governing the erection, construction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and maintenance of all employee housing.
(b)  The appropriate enforcement agency shall enforce building standards published in the State Building Standards Code relating to employee housing and other regulations of the department promulgated pursuant to subdivision (a), including, but not limited to, processing violations in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(c)  The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 for the purposes described in this chapter.
(Amended by Stats. 1992, Ch. 1298, Sec. 33. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17041.

17041. (a)  Except as provided in Section 17011, the rules and regulations adopted, amended, or repealed from time to time pursuant to this part shall be consistent with accepted standards and practices reasonably applicable to permanent and temporary employee housing and the utilization of housing or camping facilities. In promulgating rules and regulations, the department shall consider, among other things, geographic, topographic, and climatic conditions. The department may establish a schedule of fees for the construction and operation of employee housing wherever the department is the enforcing agency.
(b)  The department may provide for the waiver or reduction of fees during construction or substantial rehabilitation that is not the result of a notice by an enforcement agency where funding is received from a public entity. The department shall provide for a waiver of the fees for an operating permit during the first three years of operation after new construction or substantial rehabilitation of employee housing that is not the result of a notice by an enforcement agency.
(Amended by Stats. 1992, Ch. 1298, Sec. 34. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17042.

17042. Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900), on and after January 1, 1980, the department shall not adopt or publish a building standard as defined in Section 18909, unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, or continued in effect, pursuant to this part and not expressly excepted by statute from the provisions of the State Building Standards Law, shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.
(Amended by Stats. 1983, Ch. 101, Sec. 122.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17043.

17043. Notwithstanding any other provision of law, if the condition rendering any of the accommodations in a labor camp substandard is the overcrowding of the accommodations, the enforcement agency shall provide notice to the affected residents of the condition and shall give the residents of the accommodations a reasonable opportunity to correct the violation prior to the commencement of any action or proceeding pursuant to this part. If the enforcement agency determines to institute proceedings to correct the overcrowded condition, the residents may appear and be heard at a hearing convened as part of the proceedings. If the enforcement agency permits the owner or operator of the labor camp to appeal the initial notice of violation or order to abate, the residents shall also be permitted to appeal the initial notice of violation or order to abate. On appeal, if the enforcement agency determines that the only means of abatement is the vacation of the accommodations, the enforcement agency shall consider the availability of alternative housing for the residents, and shall, if alternative housing is not available, grant the residents a reasonable period of time, as determined by the enforcement agency, to find alternative housing.
(Added by Stats. 1986, Ch. 1002, Sec. 3. Effective September 22, 1986. See prevailing Section 17043 (added by Stats. 1986, Ch. 1495), as amended by Stats. 1992, Ch. 1298.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17043.

17043. (a)  Notwithstanding any other provision of law, if the condition rendering any of the accommodations in employee housing substandard is the overcrowding of the accommodations, the enforcement agency shall provide notice to the affected residents of the condition and shall give the residents of the accommodations a reasonable opportunity to correct the violation prior to the commencement of any action or proceeding pursuant to this part. If the enforcement agency determines to institute proceedings to correct the overcrowded condition, the residents may appear and be heard at a hearing convened as part of the proceedings. If the enforcement agency permits the owner or operator of the employee housing to appeal the initial notice of violation or order to abate, the residents shall also be permitted to appeal the initial notice of violation or order to abate.
(b)  On appeal, if the enforcement agency determines that the only means of abatement is the vacation of the accommodations, the enforcement agency shall consider the availability of alternative housing for the residents, and shall, if alternative housing is not available, grant the residents a reasonable period of time, as determined by the enforcement agency, to find alternative housing.
(Amended (as added by Stats. 1986, Ch. 1495) by Stats. 1992, Ch. 1298, Sec. 35. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 4 - Rules and Regulations › Section 17044.

17044. (a) The department may review, adopt, amend, or repeal standards, forms, or definitions in order to implement Sections 17030.10 and 17037. Any standards, forms, or definitions adopted, amended, or repealed pursuant to Section 17030.10 or 17037 are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b) In consultation with stakeholders, and with a public comment period no less than 30 days, the department may adopt guidelines to implement Sections 17030.10 and 17037. Any guideline, rule, policy, or standard of general application employed by the department in implementing Section 17030.10 or 17037 shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2020, Ch. 264, Sec. 13. (AB 107) Effective September 29, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 5 - Enforcement › Section 17052.

17052. The enforcement agency shall annually enter and inspect, and reinspect as necessary, all employee housing accommodations for compliance with the provisions of this part and regulations adopted pursuant to this part, except:
(a)  Accommodations for employee housing consisting only of permanent single family housing that have been granted an exemption as provided in Section 17031.
(b)  Accommodations for employee housing that have been issued a multiyear permit to operate pursuant to Section 17030.5.
(c)  Accommodations for employee housing that are inactive.
(d)  Accommodations for employee housing inspected in the prior calendar year with no violations identified or complaints received by the enforcement agency, which shall be inspected at least biennially.
The enforcement agency shall make every effort to complete the inspection prior to the occupancy of the employee housing.
(Amended by Stats. 1995, Ch. 561, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 5 - Enforcement › Section 17053.

17053. The department shall maintain a file of all reports of complaint or other significant information regarding employee housing maintenance and operation. Each file and information shall be available to local enforcement agencies, district attorneys, and the Attorney General. This material shall be a matter of public record.
(Amended by Stats. 1992, Ch. 1298, Sec. 38. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 5 - Enforcement › Section 17054.

17054. The Attorney General, upon the request of the Director of Housing and Community Development, shall conduct such investigations as may be necessary to determine whether any violation of any provision of this part has occurred. For such purpose, the Attorney General shall have the powers specified in Section 17050.
The Attorney General shall conduct such prosecutions of violations of this part as the director may request.
(Added by Stats. 1979, Ch. 62.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 5 - Enforcement › Section 17055.

17055. (a)  Any person residing in employee housing subject to this part may file an administrative complaint orally or in writing with the enforcement agency. The enforcement agency shall deliver a summary or copy of the complaint, by mail or in person, to the owner or operator, at the time of filing the complaint.
(b)  If a civil action under this part has not been filed by the enforcement agency within 21 days after receipt of the complaint, the complainant may bring a civil action for injunctive or declaratory relief and appropriate statutory damages, civil penalties, actual damages, penalties, and other remedies which arise from any violation of this part, building standards published in the State Building Standards Code relating to employee housing, regulations adopted pursuant to this part, or conditions of the permit.
(c)  In any civil action under this section, if the enforcement agency certifies that the employee housing is in compliance with this part, building standards published in the State Building Standards Code relating to employee housing, regulations adopted pursuant to this part, and conditions of the permit, no injunctive relief related to mandatory repairs shall be granted with respect to any alleged violation covered by the certificate.
(d)  In any civil action brought by a private person or entity under this section, the private person or entity may be granted reasonable attorney’s fees and costs, in addition to any other remedy granted, if the private person or entity prevails, and if the trier of fact finds that the violations involve retaliation or are so extensive and of such a nature that the immediate health and safety of residents or the public is endangered or has been endangered.
(e)  If a complainant alleges, and the court finds, that residents of the employee housing were in imminent peril as a result of serious violations of this part, the complainant may immediately proceed with the filing of a civil action without regard to the 21-day waiting period specified in subdivision (b).
(Amended by Stats. 2000, Ch. 702, Sec. 2. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 5 - Enforcement › Section 17056.

17056. (a)  In every part of the state, notwithstanding assumption of responsibilities by local enforcement agencies pursuant to Section 17050, the department shall establish procedures and devote resources to locating and prosecuting the most serious violators of this part and those who refuse to apply for or obtain permits to operate pursuant to this part, as determined by the department.
(b)  The department shall maximize the efforts of personnel implementing this part by seeking to use new resources and nontraditional means, by coordinating with state, local, and federal agencies and by training and coordinating with local health and building departments.
(c)  All of the requirements of this part shall be performed by civil service employees of the department who, to the extent feasible, shall be bilingual in Spanish and English.
(Amended by Stats. 1995, Ch. 561, Sec. 4. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 6 - Violations › Section 17060.5.

17060.5. (a)  The sale or other transfer of property to a third party shall not render moot an action or proceeding brought pursuant to this chapter and instituted by an enforcement agency against the owner of record on the date a citation for a violation of this part was issued.
(b)  Any person who obtains an ownership interest in any property after a notice of an action or proceeding has been recorded with respect to the property pursuant to Section 17060, and where there has been no withdrawal of the notice, shall be subject to any order to correct a violation, including any time limitations, specified in a citation issued pursuant to Section 17060.
(Added by Stats. 1983, Ch. 1210, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 6 - Violations › Section 17061.

17061. (a)  Any person who violates, or causes another person to violate, any provision of this part is guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000), or imprisonment for not more than 180 days, or both, for each violation of this part, provided that the violation does not cause personal injury to any person.
(b)  Any person who willfully violates, or causes another person to violate, any provision of this part, provided that the violation causes personal injury to any person, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or in a county jail not exceeding one year, or by a fine of not less than four thousand dollars ($4,000), but not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment for each violation, or each day of a continuing violation, causing personal injury. This subdivision shall not be construed to preclude, or in any way limit, the applicability of any other law in any criminal prosecution.
(c)  Any person who violates any provision of this part shall be liable for a civil penalty of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), for each violation or for each day of a continuing violation. The amount of the civil penalty may be doubled, to a limit of not more than ten thousand dollars ($10,000), for each violation or for each day of a continuing violation if the court determines that the violation was willful, or if the court finds that the person received notice from an enforcement agency within the prior three years regarding any employee housing owned or operated by that person, and the violations are so extensive and of such a nature that the immediate health and safety of the residents or the public is endangered or has been endangered. The enforcement agency, or any person or entity affected by the violation, may institute or maintain an action in the appropriate court to collect any civil penalty arising under this subdivision and may be awarded reasonable costs and attorney’s fees incurred in proving the existence of each violation and the liability for the civil penalties.
(Amended by Stats. 2011, Ch. 15, Sec. 185. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 6 - Violations › Section 17061.7.

17061.7. (a)  Any person found in contempt of a court order or injunction pursuant to Section 17060, or who is convicted pursuant to Section 17061, for a second or subsequent time within a five-year period after a prior finding of contempt, after a prior conviction, or after the prior issuance of an injunction relating to the enforcement of this chapter, may, in lieu of any penalties ordered pursuant to Section 17061.5 or any other provision of law, be ordered by the court, on its own motion or pursuant to a trial by jury on that issue if that is requested by the defendant, to be placed in house confinement in the employee housing or any accommodation within the employee housing that is the subject of the court action. The house confinement ordered pursuant to this section shall be for a period not to exceed one year.
(b)  A defendant ordered to house confinement pursuant to this section may also be ordered by the court to pay the cost of having a police officer or guard stand guard outside the area in which the defendant has been confined under house confinement if it has been determined by the court that the defendant is able to pay these costs. No defendant shall be ordered, pursuant to this subdivision, to pay an amount exceeding two thousand dollars ($2,000) for any period of house confinement.
(Amended by Stats. 1992, Ch. 1298, Sec. 45. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1 - EMPLOYEE HOUSING ACT › CHAPTER 6 - Violations › Section 17062.5.

17062.5. All fines, civil penalties, and damages awarded pursuant to this part shall be paid as provided in this section. The court order shall direct payment of these moneys for the costs authorized by subdivision (a) of Section 17062 or subdivision (d) of Section 17055. Thereafter, 50 percent of the balance of the total award shall be paid to the agency, person, or entity to which subdivision (a) of Section 17062 or subdivision (d) of Section 17055 is applicable. The balance of the award, if at least one thousand dollars ($1,000) is paid to that agency, person, or entity, shall be deposited in the Farmworker Housing Grant Fund, created pursuant to Section 50517.5, for expenditure by the department without further appropriation in a manner consistent with the other requirements of Section 50517.5, for any of the following purposes:
(a)  Rental housing that serves lower and very low income households, as defined in Sections 50079.5 and 50105, respectively, who are agricultural employees.
(b)  Rental dormitories for unaccompanied men or women who are agricultural employees.
(c)  Rehabilitation or replacement of existing employee housing for seasonal use.
(Added by Stats. 1993, Ch. 952, Sec. 7. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 1 - General Provisions › Section 17911.

17911. The provisions of this part do not apply to any building regulated by Part 2 (commencing with Section 18000), Part 2.1 (commencing with Section 18200), or Part 6 (commencing with Section 19960) of this division, unless such parts specifically require such application.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 1 - General Provisions › Section 17912.

17912. Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to the erection or construction of buildings or structures, shall not apply to existing buildings or structures or to buildings or structures as to which construction is commenced or approved prior to the effective date of the rules, regulations, or building standards, except by act of the Legislature, but rules, regulations, and building standards relating to use, maintenance, and change of occupancy shall apply to all hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, approved for construction or constructed before or after the effective date of such rules, regulations, or building standards.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 1 - General Provisions › Section 17913.

17913. (a) The department shall notify the entities listed in subdivision (c) of the dates that each of the international or uniform codes published by the specific organizations described in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922 are approved by the California Building Standards Commission pursuant to Section 18930 and the effective date of the model codes as established by the California Building Standards Commission.
(b) The department may publish information bulletins regarding code enforcement as emergencies occur or at any other time the department determines appropriate.
(c) The department shall distribute the information described in subdivision (a), and may distribute the information described in subdivision (b), to the following entities:
(1) The building department in each county and city.
(2) Housing code officials, fire service officials, professional associations concerned with building standards, and any other persons or entities the department determines appropriate.
(Amended by Stats. 2016, Ch. 714, Sec. 12. (SB 944) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 2 - Rules and Regulations › Section 17920.

17920. As used in this part:
(a) “Approved” means acceptable to the department.
(b) “Building” means a structure subject to this part.
(c) “Building standard” means building standard as defined in Section 18909.
(d) “Department” means the Department of Housing and Community Development.
(e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h) “Listed” means all products that appear in a list published by an approved testing or listing agency.
(i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code.
(n) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
(Amended by Stats. 2015, Ch. 720, Sec. 2. (SB 655) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 2 - Rules and Regulations › Section 17920.5.

17920.5. As used in this part “local appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the building requirements of the city or county. In any area in which there is no such board or agency, “local appeals board” means the governing body of the city or county having jurisdiction over such area.
(Added by Stats. 1961, Ch. 1844.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 2 - Rules and Regulations › Section 17920.6.

17920.6. As used in this part, “housing appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the requirements of the city or county relating to the use, maintenance, and change of occupancy of hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alteration, additions, repair, demolition, and moving of such buildings if also authorized to hear such appeals. In any area in which there is not such a board or agency, “housing appeals board” means the local appeals board having jurisdiction over such area.
(Added by Stats. 1977, Ch. 847.)