California Code of Regulations › Title 18 - Public Revenues › Division 3 - Franchise Tax Board › Chapter 2.7 - Senior Citizens Property Tax Assistance › Section 20561 - Limitations on Homeowners and Renters Property Tax Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All eligibility requirements contained
				herein shall be applied without regard to the race, creed, color, gender,
				religion, or national origin of the individual applying for the public benefit
				related to Homeowners and Renters Property Tax Assistance.
(b) Pursuant to Section
				411 of the Personal Responsibility
				and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
				104-193 (PRWORA)), (8 U.S.C. §
										1621),
				and notwithstanding any other provision of the Senior Citizens Homeowners and
				Renters Property Tax Law, aliens who are not qualified aliens, nonimmigrant
				aliens under the Immigration and Nationality Act (INA) (8 U.S.C. §
										1101
et seq
.), or aliens
				paroled into the United States under Section
				212(d)(5) of the
				INA (8 U.S.C. §
										1182(d)(5)) for less than
				one year, are not eligible to receive Homeowners and Renters Property Tax
				Assistance as set forth in Part 10.5 of the Revenue and Taxation Code. For
				purposes of this section, any assistance or payment provided under Part 10.5,
				Chapter 1, the Senior Citizens Homeowners and Renters Property Tax Law, is a
				State public benefit, as that term is used in Section
				411 of PRWORA.
(c) A qualified alien is an alien who, at the
				time he or she applies for, receives, or attempts to receive a public benefit,
				is, under Section
				431(b) and (c) of
				the PWRORA (8 U.S.C. §
										1641(b) and (c)), any of the
				following:
(1) An alien who is lawfully
				admitted for permanent residence under the INA (8 U.S.C. §
											1101
et seq
.).
(2) An
				alien who is granted asylum under Section
				208 of the INA (8 U.S.C. §
											1158).
(3) A refugee who is admitted to the United
				States under Section
				207 of the INA (8 U.S.C. §
											1157).
(4) An alien who is paroled into the United
				States under Section
				212(d)(5) of the
				INA (8 U.S.C. §
											1182(d)(5)) for a period of
				at least one year.
(5) An alien
				whose deportation is being withheld under Section
				243(h) of the INA
				(8 U.S.C. §
											1253(h)) (as in effect
				immediately before the effective date of
				Section
				307 of division C of
				Public Law
				104-208) or Section
				241(b)(3) of such
				Act (8 U.S.C. §
											1251(b)(3)) (as amended by
				Section
				305(a) of division C of
				Public Law
				104-208).
(6) An alien who is granted conditional entry
				pursuant to Section
				203(a)(7) of the
				INA as in effect prior to April 1, 1980. (8 U.S.C. §
											1153(a)(7)) (See editorial
				note under 8 U.S.C. §
											1101, "Effective Date of 1980
				Amendment.")
(7) An alien who is a
				Cuban or Haitian entrant (as defined in Section
				501(e) of the
				Refugee Education Assistance Act of 1980 (8 U.S.C. §
											1522
				note)).
(8) An alien who meets all
				of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected
				to extreme cruelty in the United States by a spouse or a parent, or by a member
				of the spouse's or parent's family residing in the same household as the alien,
				and the spouse or parent of the alien consented to, or acquiesced in, such
				battery or cruelty. For purposes of this subsection, the term "battered or
				subjected to extreme cruelty" includes, but is not limited to, being the victim
				of any act or threatened act of violence, including any forceful detention,
				which results or threatens to result in physical or mental injury. Rape,
				molestation, incest (if the victim is a minor), or forced prostitution shall be
				considered acts of violence.
(B)
				There is a substantial connection between such battery or cruelty and the need
				for the benefits to be provided in the opinion of the Franchise Tax Board. For
				purposes of this subsection, the following circumstances demonstrate a
				substantial connection between the battery or cruelty and the need for the
				benefits to be provided:
1. The benefits are
				needed to enable the alien to become self-sufficient following separation from
				the abuser.
2. The benefits are
				needed to enable the alien to escape the abuser and/or the community in which
				the abuser lives, or to ensure the safety of the alien from the
				abuser.
3. The benefits are needed
				due to a loss of financial support resulting from the alien's separation from
				the abuser.
4. The benefits are
				needed because the battery or cruelty, separation from the abuser, or work
				absences or lower job performance resulting from the battery or extreme cruelty
				or from legal proceedings relating thereto (including resulting child support,
				child custody, and divorce actions) cause the alien to lose his or her job or
				to earn less or to require the alien to leave his or her job for safety
				reasons.
5. The benefits are needed
				because the loss of a dwelling or source of income or fear of the abuser
				following separation from the abuser jeopardizes the alien's ability to care
				for his or her children (e.g., inability to house, feed, or clothe children or
				to put children into day care for fear of being found by the
				abuser).
(C) The alien
				has an approved petition or has a petition pending which sets forth a prima
				facie case for:
1. status as a spouse or
				child of a United States citizen pursuant to clause (ii), (iii), or (iv) of
				Section 204(a)(1)(A) of
				the INA (8 U.S.C. §
													1154(a)(1)(A)(ii), (iii) or
				(iv)),
2. classification pursuant to clause (ii) or
				(iii) of Section
				204(a)(1)(B) of
				the INA (8 U.S.C. §
													1154 a)(1)(B)(ii) or (iii)),
3. suspension of deportation and adjustment
				of status pursuant to section
				244(a)(3) of the
				INA (8 U.S.C. §
													1254) as in effect prior to April 1, 1997
				[Pub. L.
				104-208. sec.
				501 (effective September 30, 1996,
				pursuant to sec.
				591),
				Pub. L.
				104-208. sec.
				304 (effective April 1, 1997,
				pursuant to sec.
				309):
				Pub. L.
				105-33,
				sec.
				5581 (effective pursuant to sec.
				5582)] (incorrectly codified as
				"cancellation of removal under section
				240 A of such Act [8 USCS sec.
				1229 b] (as in effect prior to
				April 1, 1997)",
4. status as a
				spouse or child of a United States citizen pursuant to clause (i) of Section
				204(a)(1)(A) of
				the INA (8 U.S.C. §
													1154(a)(1)(A)(i)) or
				classification pursuant to clause (i) of Section
				204(a)(1)(B) of
				the INA (8 U.S.C. §
													1154(a)(1)(B)(i)),
				or
5. cancellation of removal
				pursuant to section
				240 A(b)(2) of the INA
				(8 U.S.C. §
													1229b(b)(2)).
(D) For the period for which benefits are
				sought, the individual responsible for the battery or cruelty does not reside
				in the same household or family eligibility unit as the individual subjected to
				the battery or cruelty.
(9) An alien who meets all of the conditions
				of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been
				battered or subjected to extreme cruelty in the United States by a spouse or a
				parent of the alien (without the active participation of the alien in the
				battery or cruelty), or by a member of the spouse's or parent's family residing
				in the same household as the alien, and the spouse or parent consented or
				acquiesced to such battery or cruelty. For purposes of this subsection, the
				term "battered or subjected to extreme cruelty" includes, but is not limited to
				being the victim of any act or threatened act of violence including any
				forceful detention, which results or threatens to result in physical or mental
				injury. Rape, molestation, incest (if the victim is a minor), or forced
				prostitution shall be considered acts of violence.
(B) The alien did not actively participate in
				such battery or cruelty.
(C) There
				is a substantial connection between such battery or cruelty and the need for
				the benefits to be provided in the opinion of the Franchise Tax Board. For
				purposes of this subsection, the following circumstances demonstrate a
				substantial connection between the battery or cruelty and the need for the
				benefits to be provided:
1. The benefits are
				needed to enable the alien's child to become self-sufficient following
				separation from the abuser.
2. The
				benefits are needed to enable the alien's child to escape the abuser and/or the
				community in which the abuser lives, or to ensure the safety of the alien's
				child from the abuser.
3. The
				benefits are needed due to a loss of financial support resulting from the
				alien's child's separation from the abuser.
4. The benefits are needed because the
				battery or cruelty, separation from the abuser, or work absences or lower job
				performance resulting from the battery or extreme cruelty or from legal
				proceedings relating thereto (including resulting child support, child custody,
				and divorce actions) cause the alien's child to lose his or her job or to earn
				less or to require the alien's child to leave his or her job for safety
				reasons.
5. The benefits are needed
				because the loss of a dwelling or source of income or fear of the abuser
				following separation from the abuser jeopardizes the alien's child's ability to
				care for his or her children (e.g., inability to house, feed, or clothe
				children or to put children into a day care for fear of being found by the
				abuser).
(D) The alien
				meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which benefits are
				sought, the individual responsible for the battery or cruelty does not reside
				in the same household or family eligibility unit as the individual subjected to
				the battery or cruelty.
(10) An alien child who meets all of the
				conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same
				household as a parent who has been battered or subjected to extreme cruelty in
				the United States by that parent's spouse or by a member of the spouse's family
				residing in the same household as the parent and the spouse consented or
				acquiesced to such battery or cruelty. For purposes of this subsection, the
				term "battered or subjected to extreme cruelty" includes, but is not limited
				to, being the victim of any act or threatened act of violence including any
				forceful detention, which results or threatens to result in physical or mental
				injury. Rape, molestation, incest (if the victim is a minor), or forced
				prostitution shall be considered acts of violence.
(B) There is a substantial connection between
				such battery or cruelty and the need for the benefits to be provided in the
				opinion of the Franchise Tax Board. For purposes of this subsection, the
				following circumstances demonstrate a substantial connection between the
				battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the
				alien child's parent to become self-sufficient following separation from the
				abuser.
2. The benefits are needed
				to enable the alien child's parent to escape the abuser and/or the community in
				which the abuser lives, or to ensure the safety of the alien child's parent
				from the abuser.
3. The benefits
				are needed due to a loss of financial support resulting from the alien child's
				parent's separation from the abuser.
4. The benefits are needed because the
				battery or cruelty, separation from the abuser, or work absences or lower job
				performance resulting from the battery or extreme cruelty or from legal
				proceedings relating thereto (including resulting child support, child custody,
				and divorce actions) cause the alien child's parent to lose his or her job or
				to earn less or to require the alien child's parent to leave his or her job for
				safety reasons.
5. The benefits are
				needed because the loss of a dwelling or source of income or fear of the abuser
				following separation from the abuser jeopardizes the alien child's parent's
				ability to care for his or her children (e.g., inability to house, feed, or
				clothe children or to put children into a day care for fear of being found by
				the abuser).
(C) The
				alien child meets the requirements of subsection (c)(8)(C)
				above.