California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6.5 - Program Operations › Subchapter 2.5 - Applicant Verification Requirements › Article 1 - General Provisions › Section 6935.4 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this
						subchapter:
"Alien" means any person not a citizen or national of the
						United States.
"Applicant" means any person applying to the Department
						for a public benefit, or any person seeking to renew or extend an existing
						public benefit pursuant to any re-certification process.
"Assisted rental unit" means a unit designated as an
						assisted unit in a regulatory agreement or the management plan for a
						construction or rehabilitation multifamily project financed, in whole or in
						part through funding provided by a program identified in Section 6935.2.
"Department" means the California Department of Housing
						and Community Development.
"Head of Household" means the adult member of the
						household who is the head of the household for the purposes of determining
						income eligibility or rent.
"INA" means the Immigration and Nationality Act (8 U.S.C.
						§ 1101
et seq.
).
"INS" means the United States Immigration and
						Naturalization Service.
"Nonimmigrant" means the same as in Section 101(a)(15) of
						the INA (8 U.S.C. § 1101(a)(15)).
"Nonprofit charitable organization", for purposes of this
						subchapter, shall mean an organization as specified in Section 432 of PRAWORA,
						as amended by Public Law No. 104-208 (8 U.S.C. § 1642(d)) which shall
						include, but not necessarily be limited to, organizations which have received a
						tax exemption from the Internal Revenue Service pursuant to Internal Revenue
						Code section 501(c)(3). "Nonprofit charitable organization" does not include
						general or limited partnerships which have a nonprofit charitable organization
						as a general partner unless the partnership entity itself is both non-profit
						and charitable. An organization is "nonprofit" if it is organized and operated
						for purposes other than making gains or profits for the organization, its
						members or its shareholders, and is precluded from distributing any gains or
						profits to its members or shareholders. An organization is "charitable" if it
						is organized and operated for charitable purposes. The term "charitable"
						includes organizations dedicated to relief of the poor and distressed or the
						underprivileged, as well as religiously-affiliated organizations and
						educational organizations.
"PRAWORA" means the Personal Responsibility and Work
						Opportunity Reconciliation Act of 1996, (Pub. L. No. 104-193, 8 U.S.C. §
						1621).
"Public Benefit" means any of the following:
(1) Any kind of rental assistance provided to
					 a household through any program listed in section 6935.2, including but not
					 limited to subsidized rents; tenant-based rental assistance; and rent
					 vouchers;
(2) The right to occupy
					 an assisted unit;
(3) Any loan or
					 grant provided to a homeowner or shareholder in a cooperative through any
					 program listed in section 6935.2.
"Qualified Alien" means an alien who, at the time he or
						she applies for, receives, or attempts to receive a public benefit, is, under
						Section 431(b) of the PRAWORA (8 U.S.C. § 1641(b)), any of the
						following:
(1) An alien 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. (See editorial note under 8 U.S.C. § 1101,
					 "Effective Date of 1980 Amendment."); or
(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, under Section 431(c)(1) of
					 the PRAWORA (8 U.S.C. § 1641(c)(1)), 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;
(B) In the
					 opinion of the department there is substantial connection between such battery
					 and cruelty and the need for the benefits to be provided. 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:
(i) The benefits are needed to enable the
					 alien to become self-sufficient following separation from the abuser.
(ii) 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.
(iii) The benefits are needed due to a loss
					 of financial support resulting from the alien's separation from the
					 abuser.
(iv) 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.
(v) The benefits are
					 needed because the alien requires medical attention or mental health
					 counseling, or has become disabled, as a result of the battery or extreme
					 cruelty.
(vi) 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).
(vii) The benefits are needed to alleviate
					 nutritional risk or need resulting from the abuse or following separation from
					 the abuser.
(viii) The benefits are
					 needed to provide medical care during a pregnancy resulting from the abuser's
					 sexual assault or abuse of, or relationship with, the alien and/or to care for
					 any resulting children.
(ix) Where
					 medical coverage and/or health care services are needed to replace medical
					 coverage or health care services the alien had when living with the
					 abuser.
(C) The alien has
					 been approved or has a petition pending which sets forth a prima facie case
					 for:
(i) 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));
(iv) classification pursuant
					 to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA (8 U.S.C. §
					 154(a)(1)(B)(ii) or (iii));
(v)
					 suspension of deportation and adjustment of status pursuant to Section
					 244(a)(3) of the INA (8 U.S.C. § 1254)(a)(3)), as in effect prior to April
					 1, 1997, [Pub.L. 104-208, se. 501 (effective Sept. 30, 1996 pursuant to sec.
					 304); Pub.L. 105-33, sec. 81 (effective pursuant to sec. 5582)] (codified as
					 "cancellation of removal under section 240A of such Act [8 U.S.C. § 1229b]
					 as in effect prior to April 1, 1997);
(vi) 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)) or classification pursuant to clause (I) of
					 Section 204(a)(1)(B) of the INA (8 U.S.C. § 1154(a)(1)(B));
(vii) cancellation of removal pursuant to
					 Section 240(b)(2)(A) of the INA (8 U.S.C. §
					 1229(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.