California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 5.5 - Qualification for Public Benefits
Section 5806 - Definitions
Universal Citation: 25 CA Code of Regs 5806
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The following definitions shall apply to this chapter:
(a) "Alien" means any person not a citizen or national of the United States.
(b) "Applicant" means a person applying for a public benefit subject to this chapter. "Applicant" does not include a partnership or a corporation.
(c) "Department" means the California Department of Housing and Community Development.
(d) "Enforcement Agency" means the department or, for purposes of the Employee Housing regulations (Chapter 1, Subchapter 3, beginning with § 600), an enforcement agency as defined in § 17007 of the Health and Safety Code, or, for purposes of the Mobilehome Parks regulations (Chapter 2, Subchapters 1 and 2, beginning with § 1000), an enforcement agency as defined in § 18207 of the Health and Safety Code.
(e) "INA" means the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.).
(f) "INS" means the United States Immigration and Naturalization Service.
(g) "Nonimmigrant" means the same as in Section 101(a)(15) of the INA (8 U.S.C. § 1101 (a)(15)).
(h) "PRWORA" means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193, 8 U.S.C. § 1621).
(i) "Public Benefit" means any of the following:
(1) A permit to operate employee housing,
including a permit renewal, multiple year permit or a conditional permit,
obtained under Employee Housing regulations, Article 4 of Chapter 1 of this
Division, beginning with § 631;
(2) A permit to operate a mobilehome park or
special occupancy park, obtained under Mobilehome Parks Act regulations,
Chapter 2 of this Division, beginning with § 1000;
(3) A certification by the Department of a
design approval agency, quality assurance agency, or quality assurance
inspector, obtained under Factory-Built Housing regulations, Subchapter 1 of
Chapter 3 of this Division, beginning with § 3000;
(4) A certification by the department of a
design approval agency, quality assurance agency, or quality assurance
inspector, obtained under Manufactured Housing regulations, Article 5 of
Subchapter 2 of Chapter 3 of this Division, beginning with §
4850.
(5) An occupational license,
temporary permit, instructor approval, or 90-day certificate issued by the
department to a manufacturer, dealer, distributor, salesperson, 90-day
certificate holder, course provider, or instructor, obtained under Manufactured
Housing Sales, Occupational Licensing and Education regulations, Subchapter 1
of Chapter 4 of this Division, beginning with § 5000, or Subchapter 2 of
Chapter 4 of this Division, beginning with § 5300.)
(j) "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 PRWORA (8 U.S.C. § 1641(b)), 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) In
the opinion of the enforcement agency there is a 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:
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 alien requires medical attention or mental health counseling, or
has become disabled, as a result of the battery or extreme cruelty.
6. 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 a
day care facility for fear of being found by the abuser).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from
the abuser.
8. 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.
9. 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:
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 pursuant to § 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 240A of such Act [8 USCS sec. 1229b] (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(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.
(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) In the
opinion of the enforcement agency, there is a substantial connection between
such battery or 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:
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
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 alien's child requires medical attention or mental health
counseling, or has become disabled, as a result of the battery or extreme
cruelty.
6. 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 facility for fear of being found by
the abuser).
7. The benefits are
needed to alleviate nutritional risk or need resulting from the abuse or
following separation from the abuser.
8. 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's child and/or to care for any resulting
children.
9. Where medical coverage
and/or health care services are needed to replace medical coverage or health
care services the alien's child had when living with the
abuser.
(D) The alien
meets the requirements of subsection (j)(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) In the opinion of the enforcement agency
there is a substantial connection between such battery or 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:
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 alien child's parent requires medical attention or mental
health counseling, or has become disabled, as a result of the battery or
extreme cruelty.
6. 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 facility for fear
of being found by the abuser).
7.
The benefits are needed to alleviate nutritional risk or need resulting from
the abuse or following separation from the abuser.
8. 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 child's parent and/or to care for any resulting
children.
9. Where medical coverage
and/or health care services are needed to replace medical coverage or health
care services the alien child's parent had when living with the
abuser.
(C) The alien
child meets the requirements of subsection (j)(8)(C)
above.
(k) "Unqualified Alien" means an alien who is not a qualified alien.
1. New section
filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
language will be repealed by operation of law on the following
day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
(Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
by 12-2-98 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 8-4-98 order,
including amendment of subsections (j)(9)(D) and (j)(10)(C) and redesignation
of former subsection (j)(10)(D) as subsection (k), transmitted to OAL 12-1-98
and filed 1-14-99 (Register 99, No. 3).
Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.
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