California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 7 - Office of Migrant Services › Article 3 - Lease › Section 7624 - Resident's Handbook

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contractor shall give the Resident a copy of the
						following Resident's Handbook for Migrant Housing Centers at the time of the
						execution of the lease. This Handbook shall be in English and the language
						spoken by a majority of applicants. The provisions of this Handbook are binding
						on all Residents, contractors, and the Department.
RESIDENT'S HANDBOOK FOR MIGRANT HOUSING CENTERS
Welcome to the Migrant Housing Center. This Handbook
						contains important information concerning the rights and responsibilities of
						residents and management of the migrant center. Please read it carefully and
						keep it with you while you are living at the center.
RENT
Rent shall be paid either monthly, bi-weekly, or weekly,
						depending on your agreement with the manager.
The department shall establish a schedule of rents from a
						statewide base for 1998 of seven dollars and fifty cents ($7.50) per day for a
						two-bedroom dwelling. An additional fifty cents ($.50) per day shall be charged
						for a three-bedroom unit, and an additional one dollar ($1.00) per day shall be
						charged for a four-bedroom or larger unit. In any year, any household which
						occupies more than one two-bedroom unit shall pay one dollar ($1.00) per day
						for the second unit.
The base rent shall be adjusted, if necessary, at the
						beginning of each state fiscal year to an amount calculated by the Department
						considering total statewide operating cost throughout the state and total state
						and other funds available for all centers and after an opportunity for resident
						comment. There may be additional mid-season adjustments in rent after 30 days
						written notice. The exact rules for rent adjustments are in the Office of
						Migrant Services Housing Center Regulations, sections 7650 and 7653.
SECURITY DEPOSIT
The security deposit will be no less than $100.00 and no
						more than $125.00. This deposit may only be used by management for unpaid rent,
						for any cost to clean the unit beyond normal wear and tear, and for the cost to
						repair damages beyond normal wear and tear caused by you or your guests. The
						security deposit may not be used for charges caused by normal wear and
						tear.
An additional security deposit of $25.00 is required for
						the first two electronic gate security cards issued to you, and for each
						additional card thereafter, if your center has an electronic security gate. In
						the event an electronic gate security card is lost or not returned, you will
						forfeit this deposit. An additional deposit will be required before a new
						electronic gate security card is issued to you. If an electronic gate security
						card is returned damaged, you must pay actual replacement cost of the gate
						card.
Management shall make arrangements with you to pay these
						deposits at a later time if you cannot afford to pay the full amount at the
						time you are admitted to the center.
The rules for getting back your deposit at the end of the
						residency are as follows:
If you give management at least three days notice that
						you are leaving, management shall return the deposit to you on the day you move
						out. If management keeps all or part of deposit, they must provide a written
						statement explaining why those amounts were withheld.
If you do not give management at least three days notice
						that you are leaving, management will make permissible deductions and send the
						deposit to your forwarding address within two weeks. If the management does not
						have a forwarding address, management will hold your deposit for six months.
						After six months your deposit is forfeited. If management must hold your
						deposit, it will not entitle you to preference for admission the next
						year.
UTILITIES
All utilities (excluding telephone service), are to be
						paid by management at no additional charge to you.
TRANSFER
If you are living in a housing unit which is too small
						for your family, according to the occupancy standards set forth in the Office
						of Migrant Services Housing Center Regulations, management may transfer your
						family to the next available appropriate unit, or may provide your family with
						an additional available housing unit.
In addition, if you are living in a unit which is too
						large for your family, management may require you to exchange units with a
						family which is living in a unit which is too small. If there is such an
						exchange, the family in the larger unit must receive at least seven (7) days
						written notice from management.
GUESTS
You may have guests (including overnight), but you must
						get permission from management if guests will be staying more than 3
						days.
MANAGEMENT RIGHTS AND OBLIGATIONS
(a) All center personnel are answerable to
					 management.
(b) Management is
					 authorized to provide free housing and utilities to center personnel who
					 received or who will receive said housing benefits as a condition of their
					 employment.
(c) During the
					 off-season management is authorized to enter into sublease agreements with
					 federal, state, and local public entities for use of the common facilities.
					 Such facilities shall be available for use by center residents during the
					 on-season.
(d) Management is to
					 keep the center in a decent, safe, and sanitary condition. Repairs are to be
					 made promptly.
(e) Management shall
					 repair and maintain all electrical, plumbing, sanitary, heating, ventilating,
					 and cooling equipment, and appliances supplied by the Department in accordance
					 with contractor's budget.
(f)
					 Management and residents shall cooperate on all matters pertaining to energy
					 conservation.
(g) Management is
					 authorized to reduce or stop charging rent on housing units which develop major
					 defects that make the unit a threat to the health or safety of the resident and
					 his/her family. However, management shall repair the unit or move the residents
					 to another unit as soon as possible.
(h) The Department shall provide funds to
					 contractor for the purpose of relocating residents displaced as a result of
					 rehabilitation activities of management. Replacement housing shall be provided
					 without any additional cost to resident and his/her family.
RESIDENT'S RIGHTS AND OBLIGATIONS
You, as a resident, agree to:
(a) Use your residence only as a private
					 dwelling unit for you and your family;
(b) Keep your yard in a clean and safe
					 condition;
(c) Dispose of rubbish
					 properly in a safe and sanitary manner;
(d) Keep your family or guests from damaging
					 or removing the property of the Migrant Center;
(e) Pay for damages caused by those under
					 your control, according to a schedule of maintenance and repair
					 charges;
(f) Keep from disturbing
					 the other residents;
(g) Keep no
					 pets on the premises;
(h) Park
					 vehicles only at areas designated for this purpose. Vehicles shall not be
					 abandoned, repaired or maintained within the center; however, routine servicing
					 is permitted if it does not involve toxic substances (including, but not
					 limited to, oil and brake fluids or car batteries) or does not create a danger
					 for the residents, and if it is consistent with local rules and
					 regulations;
(i) Make no major
					 additions or changes to your residence, its equipment, or furniture provided by
					 management.
(j) Tell the management
					 if you and your family will be away for more than three (3) days;
(k) Leave your residence clean and in good
					 condition when you vacate the premises;
(l) Obey the rules and policies governing the
					 Migrant Centers in existence when you moved in;
(m) Report damages and needed repairs to
					 management. If management does not repair your unit in a reasonable time, the
					 request should be submitted in writing. In the event management does not
					 respond to your written request within a reasonable time, you may do such
					 repairs up to two times each year, each time spending an amount equal to one
					 (1) month's rent and deduct this amount from your rent payments;
(n) If there are major defects in the housing
					 unit that make the unit a threat to your health or safety you may ask for
					 immediate repairs or to be relocated to another unit. If management does not
					 make repairs or relocate you, within a reasonable time, you may stop paying
					 rent and pay only reasonable rental value for your unit.
(o) You must physically occupy your unit
					 within seven days after being admitted to the center and must continue to
					 physically occupy the unit until you leave the center. If you leave the unit
					 vacant for more than seven days and there are other eligible families waiting
					 for housing, management may lease your unit to another family. Management may,
					 at their discretion, permit you to leave the unit vacant for a longer period of
					 time.
(p) Comply with other rights
					 and obligations agreed upon by management and the Resident Council and approved
					 by the California Department of Housing and Community Development;
(q) You and your guests, upon advance notice
					 to management, may use the common facilities of the Migrant Center for meetings
					 or other lawful activities which do not interfere with other activities or the
					 rights of other residents;
(r) You
					 and your guests have a right to privacy;
(s) Management may not retaliate against you
					 for any lawful action including exercising the rights given you under this
					 handbook and/or the laws of the United States or the State of
					 California.
RULES, REGULATIONS AND POLICIES
You and management both agree to follow the written
						rules, regulations, laws and policies governing the Migrant Centers. Local
						management rules and policies may be changed only if residents are given 30
						days written notice of changes. The following rules and regulations are to be
						made available to you in English and in the language spoken by the majority of
						residents:
(a) Schedule of
					 Rents;
(b) Schedule of Maintenance
					 and Repair Charges;
(c) Occupancy
					 and Eligibility Policies;
(d) Local
					 Management Rules, Regulations and Policies;
(e) Grievance Procedures;
(f) Department of Housing and Community
					 Development, Office of Migrant Services Regulations.
INSPECTION
When you move in, you must be provided with an inventory
						list detailing the condition of the unit and the equipment provided with the
						unit. The list is to be signed by both you and the management. If you disagree
						as to the conditions of the unit or its equipment, you should note this on the
						list before, or as soon after moving in as possible. Both you and the
						management are to keep a copy of this inventory. This list will help in
						determining how much of your security deposit will be returned to you.
ENTRY OF RESIDENCE DURING TENANCY
Management may enter only during reasonable hours with
						either your permission or that of an adult member of your family. If management
						reasonable suspects an emergency exists, such as a fire, management may enter
						at any time.
After giving 24 hours written notice, management may
						enter your units to inspect, repair, maintain, or show it to others interested
						in renting the unit after you leave. This notice is not required if you
						requested such entry.
You shall not unreasonably deny management permission to
						enter your unit.
TERMINATION OF LEASE
You may end your lease at any time. Rent is only paid for
						the period you actually occupied the housing unit. And unused rent shall be
						returned to you. If you give at least three (3) days notice of intent to vacate
						the center, management must, on the day you move out, return the unused rent to
						you. If you do not give at least three (3) days notice of intent to leave,
						management has two (2) weeks within which to send the unused rent to your
						forwarding address. In the event you do not give management a forwarding
						address, management shall hold your unused rent for six months and return it to
						you if you pick it up or provide a forwarding address within six months. After
						six months, the rent is forfeited. If management must hold your unused rent, it
						will not entitle you to preference in admission to the housing center the next
						year.
Management may require you to move out if you have
						seriously or repeatedly violated important terms of the lease agreement such as
						not paying rent; serious interference with the rights of other migrant
						residents; knowingly giving false statements of important facts to management
						concerning your eligibility for migrant housing; or for other good
						cause.
In order for management to begin termination of this
						lease, it must give you or an adult member of your household a written notice
						stating the reason(s) for termination and notifying you of your right to
						request a hearing as allowed under the grievance procedure.
If you have not paid your rent, management shall give you
						a seven (7) day notice to either pay the rent or move out. If your actions
						cause an immediate threat to the health and safety of the other residents, the
						management shall give you a reasonable time to move out, but not less than
						three (3) days.
In all other cases, 14 days notice shall be given to
						either comply with the terms of the lease or move out.
GRIEVANCE PROCEDURE
If you and management disagree as to the rights and
						obligations under the lease, including the right of management to terminate
						your lease, these disagreements will be settled through the complaint and
						grievance procedure in the regulations of the Office of Migrant Services. You
						may not use the grievance procedure if management terminates your lease because
						your actions cause an immediate threat to the health and safety of your
						neighbors.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
2. Amendment of subsection entitled RENT filed 11-2-88;
						operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections
						entitled RENT, SECURITY DEPOSITS and subsection (h) of RESIDENT'S RIGHTS AND
						RESPONSIBILITIES filed 2-22-96; operative 2-22-96 pursuant to Government Code
						section 11343.4(d) (Register 96, No. 8).
4. Editorial correction of
						RENT (Register 96, No. 37).
5. Amendments filed and operative
						2-26-96 invalidated by Martinez v. California Department of Housing and
						Community Development, Sacramento Superior Court No. 96CS 01752 (December 19,
						1996).
6. Amendment filed 3-27-97 as an emergency; operative 3-27-97
						(Register 97, No. 13). A Certificate of Compliance must be transmitted to OAL
						by 7-25-97 or emergency language will be repealed by operation of law on the
						following day.
7. Reinstatement of section as it existed prior to
						3-27-97 order by ooeration of Government Code section 11346.1(f) (Register 97,
						No. 31). Emergency amendment filed and operative 3-27-97 invalidated by Orejel
						v. California Department of Housing and Community Development, Sacramento
						Superior Court No. 96CS01752 (May 28, 1997).
8. Change without
						regulatory effect repealing amendments filed and operative 2-26-96 filed
						7-31-97 pursuant to section 100, title 1, California Code of Regulations
						(Register 97, No. 31).
9. Editorial correction amending section and
						HISTORY 7 and adding HISTORY 8 (Register 98, No. 12).
10. Amendment
						of RENT, SECURITY DEPOSIT AND RESIDENT'S RIGHTS AND OBLIGATIONS (h) filed
						3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d)
						(Register 98, No. 12).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.