reglab/statecodes huggingface dataset:
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 6.5 - California Self-Help Housing Program › Article 6 - Development Assistance › Section 7582 - Eligible Uses of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Development assistance may be used for costs incurred in
						connection with self-help construction including the following.
(a) The cost of acquiring or refinancing the
					 property;
(b) The cost of site
					 preparation, demolition, and clearing;
(c) Architectural, engineering, legal,
					 accounting, consulting, and other fees in connection with the planning,
					 execution, and financing of the project;
(d) The cost of necessary studies, surveys,
					 plans and permits;
(e) The cost of
					 insurance, interest and financing, taxes and assessments and carrying costs
					 incurred during self-help construction;
(f) Onsite construction costs of labor and
					 material directly for self-help construction;
(g) The cost of offsite improvements,
					 including streets, sewers, and utilities.
Note: Authority cited: Section 50697(d), Health and
						  Safety Code. Reference: Section 50696, Health and Safety
						  Code.
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 6.5 - California Self-Help Housing Program › Article 6 - Development Assistance › Section 7584 - Terms and Conditions of Development Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition of a commitment of
					 development assistance funds, the following terms and conditions shall be
					 incorporated into the MASA:
(1) The amount,
					 timing and manner of disbursement of development assistance funds by the
					 Department;
(2) A description and
					 allocation of eligible costs to be paid by development assistance
					 funds;
(3) The timing of and manner
					 by which the development assistance shall be provided to eligible households or
					 cooperatives as mortgage assistance. The grantee shall be required to complete
					 the project and provide mortgage assistance to eligible households within two
					 years of the date of commitment of the development assistance; and
(4) Remedies of the Department in the event
					 that the grantee breaches, defaults or violates the development assistance
					 provisions of the MASA.
(5) The
					 order of recordation and the priority to be accorded the Deed of Trust referred
					 to in subdivision (b) below.
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 1 - General › Section 7600 - Authority and Purpose. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Subchapter 7 (sections 7600-7665, not consecutive) filed 6-3-80; designated
						effective 1-1-81 (Register 80, No. 22).
2. Amendment filed 2-26-82;
						effective thirtieth day thereafter (Register 82, No. 9).
3. Repealer
						filed 11-2-88; operative 12-2-88 (Register 88, No.
						46).
Note: Authority cited: Section 50710, Health and Safety
						  Code; Reference: Section 50710, Health and Safety
						  Code.
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 1 - General › Section 7601 - Federal Law and Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subchapter shall be interpreted to
					 be consistent with all applicable federal law and regulations and, in the event
					 of conflict, federal law or regulations will prevail.
(b) The Department of Housing and Community
					 Development and its contractors and subcontractors shall comply with all state
					 and federal civil rights laws and regulations and shall not discriminate based
					 on race, color, sex, creed, religion, national origin, age, or any physical
					 handicaps.
(c) Any information,
					 documents or sources obtained by a contractor or the Department from resident
					 shall remain confidential, and shall be released only pursuant to the
					 requirements of the Information Practices Act of 1977 (Government Code
					 Section1798 and following) and other applicable state and federal
					 law.
(d) The Department shall
					 review and approve the form of all notices, applications, and other documents
					 required by these regulations, before they are provided to residents.
(e) The Department shall designate a period,
					 of 180 days each calendar year, unless otherwise extended to or reduced by
					 written agreement between the Department and the contractor, during which the
					 housing center(s) shall be open to migratory agricultural workers and their
					 families for occupancy, which period will be referred to as the on-season. The
					 remaining period of time during each calendar year shall be referred to as the
					 off-season.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code; Reference: Section 50710, Health and Safety
						  Code.
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 1 - General › Section 7602 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Agricultural
					 employment" means work on either a farm, ranch or orchard, or the processing of
					 agricultural products.
(b)
					 "Applicant" means an individual who signs an application for admission to a
					 migrant housing center.
(c)
					 "Contractor" means a housing authority, school district, health agency or other
					 appropriate local public or private nonprofit agency and its agents and other
					 appropriate local public or private nonprofit agency and its agents and
					 employees which has contracted with the Department to operate and maintain and
					 provide services for one or more migrant centers pursuant to Subchapter 8.5 of
					 Part 2 of Division 31 of the Health and Safety Code, commencing with Section
					 50710.
(d) "Department" means the
					 Department of Housing and Community Development, Office of Migrant
					 Services.
(e) "Earned income" means
					 income received as payment for work.
(f) "Household" means immediate family
					 members who reside, or who have made application to reside together, as a
					 single family at a migrant center.
(g) "Immediate family" means a migrant center
					 resident and his or her parents, children and spouse, or any other related
					 dependents or persons who regularly live with the family and whose income(s)
					 and resources are available for use in meeting the living expense of the group.
					 In addition to sons and daughters of a resident, "children" shall include
					 minors who are financially dependent on a resident, whether or not they are
					 related to the resident. "Spouse" shall include a person who acts as the
					 husband or wife of the resident, whether or not they are legally
					 married.
(h) "Migrant center" and
					 "migrant housing center" mean a housing center administered by the Department
					 and operated by a contractor for the purpose of providing housing for migratory
					 agricultural workers pursuant to Health and Safety Code section 50710 and shall
					 include all housing units, common areas and structures, equipment and furniture
					 within a housing center, excepting those facilities owned exclusively by a
					 contractor or other interests and not meant for the use of migratory
					 agricultural workers.
(i)
					 "Migratory agricultural worker" means an individual who:
(1) has the employment status of one of the
					 following:
(A) during the current or preceding
					 calendar year, derived at least 50 percent of his/her total annual household
					 earned income from agricultural employment, or
(B) can produce current evidence of a current
					 job offer in agricultural employment; and
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 2 - Admissions › Section 7610 - Eligibility for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant and his/her immediate family are eligible
						for admission to a migrant center if they meet all of the following
						criteria:
(a) The applicant or
					 applicant's spouse is a migratory agricultural worker. In determining status as
					 a migratory agricultural worker, as defined in Section 7602, the combined
					 earned income of all members of the applicant's household shall be considered,
					 and as long as 50% of the household's combined earned income is derived from
					 agricultural employment, any individual household members may engage in
					 non-agricultural employment.
Income from employment at a migrant center shall be
						included as agricultural employment in the total annual household income when
						evaluating compliance with the above 50% requirement.
(b) There is more than one person in the
					 applicant's household and all household members are members of the applicant's
					 immediate family.
(c) The applicant
					 and his/her household conforms to the occupancy standards set out in Section
					 7612.
(d) The contractor may
					 determine that an applicant is not eligible for admission if, on the basis of
					 substantial, factual evidence of that person's prior actions there is good
					 cause to believe that the applicant or any member of his/her household will
					 repeatedly fail to pay rent, will create a substantial threat to the health and
					 safety of other residents, or will repeatedly breach material requirements of
					 the lease. Unsubstantiated oral statements will not be deemed substantial
					 factual evidence.
(e) The above
					 eligibility criteria shall be exclusive and no other factors shall be
					 considered in determining eligibility of applicants.
1.
						Amendment of subsections (a) and (d) filed 2-26-82; effective thirtieth day
						thereafter (Register 82, No. 9).
2. Amendment of subsection (a)
						filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d)
						(Register 96, No. 8).
3. Change without regulatory effect amending
						subsection (a) filed 7-31-97 pursuant to section 100, title 1, California Code
						of Regulations (Register 97, No. 31).
4. Amendment of subsection (a)
						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.
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 2 - Admissions › Section 7611 - Admission Priorities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants shall apply for admission on a
					 first-come, first-serve basis, on the day that each migrant center opens for
					 housing registration. An alternative method permitting preferential admission
					 for residents of the migrant center's previous season may be used if approved
					 by the Department.
(b) Applicants
					 who have previous or current agricultural employment shall be given priority
					 for occupancy of units during the opening day each season over those who have
					 no history of current or past agricultural employment, but have offers of
					 employment.
(c) If more eligible
					 applicants apply than there are available units, the contractor shall maintain
					 a waiting list with applicants listed in order of date and time of application.
					 A priority number shall be issued upon application and shall be noted on the
					 application form. When a housing unit becomes vacant, the contractor shall
					 offer the unit to the first eligible appropriate candidate on the list. If
					 after a good faith effort the contractor is unable to contact the first
					 applicant on the list, the contractor may offer the unit to the next eligible
					 appropriate candidate on the list, until the list is exhausted. If an applicant
					 has not checked in with the contractor in the prior 24 hours, his/her name may
					 be dropped from the waiting list.
(d) The foregoing priority shall be followed
					 without regard to race, creed, religion, sex, color, or national origin or any
					 other factor precluded by law.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No.
						46).
Note: Authority cited: Section 50710, Health and Safety
						  Code; Reference: Section 50710, Health and Safety
						  Code.
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 2 - Admissions › Section 7612 - Occupancy Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each migrant center shall remain open 180
					 days each calendar year. The period of time during which a migrant center is
					 open may be extended or reduced pursuant to written agreement between the
					 Department and the contractor responsible for the operation and maintenance of
					 that migrant housing center.
(b) A
					 migratory agricultural worker and his/her immediate family may not occupy more
					 than two housing units at any one time.
(c) To avoid overcrowding and prevent waste
					 of space, dwellings are to be assigned in accordance with the occupancy
					 standards set forth as follows:
Number of
								Bedrooms
Maximum number of
								Persons
1
4
2
7
3
10
4
13
These maximum standards may be waived by the contractor
						when appropriate in order to make temporary use of available vacant units or to
						house families in urgent need.
If a resident is living in a unit which is too small for
						his/her household according to these occupancy standards, the contractor may
						transfer resident to the next available unit of appropriate size or may provide
						resident with an available additional unit. In addition, contractor may require
						a resident who is living in a unit which is too large for his/her household to
						exchange units with a resident who is living in a unit which is too
						small.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 2 - Admissions › Section 7613 - Application and Admission Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Application for Admission constitutes
					 the basic record of each migratory agricultural worker and his/her household
					 who has applied for admission to a migrant housing center. Each applicant shall
					 provide all information requested in the Application for Admission, sign the
					 application, and attest to the accuracy of the data provided.
(b) Each application for Admission shall
					 reflect the date and time of application by the applicant.
(c) Applications for Admission shall be
					 available in English and the language spoken by a majority of applicants. The
					 contractor shall provide assistance to all applicants in filling out the
					 application.
(d) The Application
					 for Admission and all other materials relating to the eligibility of the
					 applicant and his/her household, including applicants who are found ineligible,
					 shall be kept in an active file.
(e) The Application for Admission shall call
					 only for information necessary to determine the eligibility of the applicant
					 and his/her household as defined in Section 7610. Such information shall
					 include the size and composition of the applicant's household.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code; Reference: Section 50710, Health and Safety
						  Code.
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 2 - Admissions › Section 7614 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor
					 shall verify information provided by the applicant.
(b) The contractor shall accept a document
					 submitted by an applicant for verification if it provides credible evidence of
					 applicant's eligibility. The department may determine which types of documents
					 do not provide credible evidence. The following are examples of acceptable
					 documents but other forms of documentation offered by the applicant may be
					 accepted:
(1) Income tax reports (e.g. W-2
					 forms) or other statements from employers or other income sources.
(2) Signed employer verification
					 form,
(3) Migrant transfer
					 record,
(4) Unemployment insurance
					 benefits reports,
(5) Vehicle
					 license number,
(6) Driver
					 license.
(7) Signed current letter
					 from employer or potential employer verifying current job offer for an
					 applicant with no prior history of agricultural employment.
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 2 - Admissions › Section 7615 - Notification to Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each applicant shall be notified as
					 promptly as possible regarding his/her eligibility status. If determined to be
					 ineligible for admission, the applicant is to be informed in writing of the
					 determination, the reasons for the determination, and of his/her right to
					 request a hearing pursuant to subsection (b) of this section. For each such
					 case, a record shall be maintained, including a notation of the circumstances
					 involved, final action taken, and the dates. A form for requesting a hearing
					 shall be in English and in any other language spoken by a majority of
					 applicants.
(b) An applicant must
					 request a hearing within 24 hours after written notification of ineligibility
					 is personally delivered, or his/her rights to a hearing shall be deemed to be
					 waived.
(c) Except where an
					 applicant is refused admission due to lack of appropriately- sized housing
					 units, contractor shall hold an appropriate unit vacant until the time to
					 request a hearing has passed or, if a hearing is timely requested, until after
					 a hearing is conducted.
(d) A
					 hearing requested pursuant to subdivision (b) shall be held promptly, and shall
					 be conducted in the primary language of the applicant or with a translator who
					 speaks such language. Applicant shall not be required to miss work in order to
					 appear at the hearing. The hearing requested pursuant to this section shall be
					 conducted by a supervisor of the person who made the determination that the
					 applicant was ineligible. Such decision shall be in writing and set forth the
					 reasons and findings for the decision.
(e) Each applicant determined to be eligible
					 for admission shall be housed promptly. The date that housing units are
					 assigned may be designated by the Department.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 2 - Admissions › Section 7616 - Execution and Amendment of Dwelling Lease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of admission, the applicant
					 accepted for admission shall sign the lease. The lease shall comply with
					 Section 7623 and shall be prepared in triplicate. One copy shall be given to
					 the applicant, one copy to the Contractor, and the original shall be filed in
					 the permanent record folder established for the applicant at the center
					 office.
(b) If, through any cause,
					 the signer of the lease ceases to be a member of the resident household, a new
					 lease shall be signed by the family member qualifying as head of the household,
					 provided the household remains eligible for continued occupancy.
(c) If a resident household transfers to a
					 different migrant center a new lease shall be executed to reflect the new
					 dwelling.
(d) If, at any time
					 during the term of the lease, any other change in the resident's status results
					 in the need to change or amend any provisions of the lease, the lease should be
					 amended to reflect the changes.
(e)
					 All lease revisions are to be dated and signed by the resident.
1.
						Amendment of subsection (a) filed 2-26-82; effective thirtieth day thereafter
						(Register 82, No. 9).
2. Amendment of subsection (a) filed 11-2-88;
						operative 12-2-88 (Register 88, No. 46).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7620 - Local Rules and Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements in the lease, each
						contractor may adopt reasonable rules and regulations necessary for the proper
						operation of each migrant housing center and consistent with this subchapter.
						Such rules and regulations shall be submitted to the resident council for
						comment and to the Department for approval prior to their becoming effective.
						Such rules and regulations shall be given to each applicant at the time the
						lease is signed.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82,
						No.9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 7621 - Rents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Rents shall be charged according to a schedule of rents
						established by the Department. Rents shall not be adjusted except in accordance
						with Section 7650 or 7653.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register
						88, No. 46).
3. Amendment 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.
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 7622 - Replacement Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The charges to residents for damages caused to the
						migrant center property shall be made in accordance with a schedule of
						replacement costs which shall be adopted by each contractor and posted in the
						management office of each migrant center, and shown to applicant at the time
						the lease is signed.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7630 - Complaint and Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All grievances of residents of migrant housing centers
						shall be resolved in accordance with the procedure set forth in this Article. A
						grievance is any factual or legal dispute which a resident may have with
						respect to contractor action or failure to act, in accordance with the lease,
						contractor policies, these regulations, or law which adversely affect the
						resident's rights, duties, welfare, or status. Failure to present a grievance
						shall not bar its use in any judicial proceeding.
Except in cases involving eviction of the resident, a
						resident may not request a grievance hearing until he/she has taken both of the
						following actions personally or through the tenant council:
(a) First, the resident must submit a written
					 complaint to contractor. Contractor must respond, in writing, within 10 days
					 after receiving the written complaint.
(b) If the problem has not been resolved
					 after the resident has received contractor's written response or after the time
					 for contractor to respond has passed, the resident must submit a written
					 complaint to the department. The department must respond in writing within 10
					 days after receiving the written complaint. After the department has responded
					 in writing or after the time to respond has passed, the resident may then
					 request a grievance hearing, if the dispute has not been settled.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7631 - Bilingual Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grievance hearings, conferences, notices, and summaries
						pursuant to this Article shall be in English or in the language of the majority
						of residents. If the resident speaks some other language a translator shall be
						provided.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7632 - Presentation of Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The resident shall personally present a grievance to the
						resident's migrant housing center manager or to the contractor's main office.
						For purposes of this section, grievances shall be accepted by the center
						manager until 5:00 p.m. The resident shall present the grievance within three
						(3) working days from receipt of notice in the case of a termination. In a case
						other than a termination, the resident must have complied with the procedures
						in Section 7630, and must present the grievance within 3 days after receiving a
						written response from the department or, if no response is received, within 3
						days after the time for the department to respond has passed. The grievance may
						be presented orally or in writing. The contractor may request that an oral
						grievance be confirmed in writing by the resident. The contractor and the
						resident and any representative of either may discuss the grievance informally
						and attempt to settle the grievance without a hearing.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
2. Editorial correction of section misnumbering (Register 96,
						No. 37).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7633 - Summary of Discussion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the contractor and the Resident are unable to settle
						the grievance informally, the contractor shall send to the resident a written
						summary of the grievance. The summary shall include:
(a) The contractor's proposed disposition of
					 the grievance;
(b) The specific
					 reasons for the proposed disposition;
(c) The names of the participants and the
					 dates of any meetings held to discuss the grievance; and
(d) The procedure by which the resident may
					 obtain a hearing to review the grievance.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7634 - Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the resident is not satisfied with the contractor's
						proposed disposition of the grievance contained in the summary, the resident
						shall submit a written request for a hearing to the contractor's main office or
						to the resident's migrant housing center manager's office. The resident shall
						submit the request within three (3) working days after receipt of the summary.
						The request shall specify the reasons for the grievance, and the action or
						relief sought.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7635 - Selection of Hearing Officer or Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grievances not resolved informally in accordance with
						Sections 7630, 7632 and 7633 shall be presented before a hearing officer or
						hearing panel. A hearing officer or panel shall be selected as follows:
(a) The hearing officer shall be an
					 impartial, disinterested person selected jointly by the resident and the
					 contractor.
(b) In the event they
					 cannot agree, each will pick one member of a hearing panel, and the members so
					 appointed shall select a third member. If the members appointed by the resident
					 and the contractor cannot agree upon a third member, then the third member
					 shall come from a community based organization mutually agreed upon by the
					 contractor and the resident council.
(c) In lieu of the procedure set forth in
					 subparagraphs (a) and (b) of this section, a contractor may provide for the
					 appointment of hearing officer or hearing panel by any method which is approved
					 by the majority of the tenant council.
(d) In the event the hearing officers or
					 members of the hearing panel are not fluent in the language most readily
					 understood and spoken by the resident, the contractor will make a reasonable
					 good faith effort to provide a translator for the benefit of all parties
					 involved.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7636 - Scheduling of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer or panel shall promptly schedule a
						hearing for a date, time, and place reasonably convenient to the parties and
						shall notify the parties in writing of the date, time, place, and the
						procedures governing the hearing. Hearings shall be conducted no more than ten
						(10) working days after receipt of a request. Resident shall not be required to
						miss work in order to appear at the hearing.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7637 - Due Process Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At and before the hearing, the resident shall be entitled
						to:
(a) Examine before the hearing any
					 documents, regulations, and records of the contractor relevant to the hearing.
					 The contractor may not, at the hearing, rely on any document requested by the
					 resident before the hearing, but not made available to the resident. If the
					 resident prevails, the cost of copying such documents shall be paid by the
					 contractor;
(b) Be represented by
					 counsel or other person chosen by the resident as his or her
					 representative;
(c) Request a
					 private or public hearing;
(d)
					 Present evidence and arguments in support of the grievance, controvert evidence
					 relied on by the contractor and confront and cross-examine all witnesses on
					 whose testimony or information the contractor relies.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7638 - Non-Appearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If either party or his/her representative fails to appear
						at a scheduled hearing, the hearing officer or panel may decide that the
						non-appearing party has waived his/her right to a hearing and shall notify the
						parties of the decision. The hearing may be continued to a later date, but no
						more than five (5) days, for a good cause.
If the resident does not appear, he can, within five (5)
						days request that the hearing be re-opened and any decision already made by the
						hearing officer or panel be stayed. Such request shall be granted if the
						resident makes a showing of good cause for his
						non-appearance.
1.
						Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7639 - Hearing Procedure, Evidence and Transcript

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer or panel shall
					 conduct the hearing informally. At the hearing, the resident shall first
					 explain why he or she is entitled to the relief sought in the grievance.
					 Thereafter, the contractor shall sustain the burden of justifying its action or
					 failure to act against which the grievance is directed.
(b) Oral or documentary evidence relevant to
					 the facts and issues raised by the grievance may be received without regard to
					 admissibility under judicial rules of evidence, but with appropriate regard to
					 credibility, authenticity, relevance, and materiality.
(c) Either party may arrange for a transcript
					 of the hearing at the party's own expense. Any other interested person may
					 purchase a copy of the transcript if the resident who requested the grievance
					 so permits. Alternatively, upon the request of the resident, the hearing may be
					 tape-recorded and the tape recording will be the official record of the hearing
					 and available as set forth herein.
(d) Except as otherwise provided by this
					 grievance procedure, or as otherwise provided by agreement of the parties in
					 writing, the hearing procedure, the hearing decision, and enforcement of the
					 decision shall be governed by the California statutes relating to arbitration
					 agreements and awards, Code of Civil Procedure, Section 1280 et seq.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7640 - Hearing Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The hearing officer or panel may render a decision without proceeding with the
					 hearing if the hearing officer or panel determines that the issue presented by
					 the grievance has been previously decided in another proceeding.
(b) Except as provided in paragraph (a)
					 above, the hearing officer or panel shall render a decision based solely on the
					 facts presented at the hearing or by a statement of facts agreed to by the
					 parties.
(c) The hearing decision
					 shall be written, shall state the reasons for the decision and shall be sent to
					 the parties within seven (7) working days after the hearing.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7641 - Effect of Decision and Right to Trial De Novo

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The decision of the hearing officer or panel shall be
						binding on the contractor and resident which shall take actions, or refrain
						from any actions necessary to carry out the decision. Nothing contained in this
						grievance procedure shall constitute a waiver of the resident's or contractor's
						right to a trial de novo or judicial review of any court
						action.
1.
						Amendment filed 2026082; effective thirtieth day thereafter (Register 82, No.
						9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7642 - Eviction Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the grievance involves a contractor notice of termination of tenancy and if the
					 resident has requested a hearing within the time limits specified above, then
					 the contractor shall not file an unlawful detailer action until:
(1) the hearing officer or panel has upheld
					 the contractor's action to terminate the tenancy or the hearing has been waived
					 by the resident's non-appearance;
(2) the hearing decision has been sent to the
					 resident; and
(3) the contractor
					 has sent to the resident a written notice to vacate the premises, following the
					 decision.
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 4 - Complaint and Grievance Procedure › Section 7643 - File of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall keep a copy of the hearing decision
						in the resident's file. The contractor shall also keep a copy of the hearing
						decision, with names and identifying references deleted, on file for inspection
						by any prospective complaining resident, his or her representative or a hearing
						officer or panel. Any hearing decision reversed by a court of law shall be
						noted as such.
1.
						Amendment of NOTE filed 2-26-81; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7644 - Irregularities; Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If either the contractor or the resident
					 has failed to proceed in accordance with this grievance procedure, the other
					 party may waive such an irregularity in procedure for good cause
					 shown.
(b) The parties may agree in
					 writing to follow a different procedure in the resolution of a
					 grievance.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.
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 4 - Complaint and Grievance Procedure › Section 7645 - Resident's Right to Trial De Novo and Judicial Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
						9).
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 4 - Complaint and Grievance Procedure › Section 7646 - Inapplicability of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This grievance procedure shall not apply to an eviction
						or termination of tenancy based upon a resident's creation of maintenance of an
						immediate threat to the health and safety of other residents or contractor's
						employees.
1.
						Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
						82, No. 9).
Note: Authority cited: Section 50710, Health and Safety
						  Code. Reference: Section 50710, Health and Safety
						  Code.