Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department shall approve a contractor-initiated rent increase of up to $1 per day per unit at a migrant housing center if all of the following conditions are met:
(1) The Contractor provides to the resident council for review and written comment a demonstration of a significant and critical need for the rent increase. Items which may create such a need include health and safety repairs, rehabilitation, maintenance of units, and increase in operating costs, other than personnel or administration. The resident council shall provide comments within 30 days of receipt of demonstration.
(2) After the resident-council provides written comments and at least 30 days prior to a hearing on the proposed rent increase, the contractor provides the residents and the resident council with a written notice, approved by the Department, which sets forth the proposed amount and specific purposes of the increase, and the time and date of the hearing at which the residents may comment on the amount and purposes of the increase. The Department shall approve or disapprove the proposed notice in writing within 30 days of a request for a review from the contractor. The hearing shall be held at the center for which the rent increase is proposed, and the written comments of the resident council shall be made available for review by the residents.
(3) Following the hearing, the contractor provides the Department with the following items:
(A) A written summary of all written and oral comments by residents and by resident council and a resolution from the resident council regarding the rent increase and its purpose;
(B) A detailed justification for the cost and nature of actions which address the items comprising the need for the rent increase;
(C) Any other relevant information the contractor may wish to provide.
(4) The Department provides written approval or disapproval of all or part of the rent increase within 30 days of the receipt of the items required in subsection (a)(3). The Department's approval shall be based on a determination that the need and the costs of activities, which address the items comprising the need, are reasonable and valid.
(5) Upon receipt of Department approval of the increase, the contractor provides at least 30 days written notice to each resident and the resident council of the increase. This provision does not apply if the contractor implements the increase in rent at the beginning of the next season following receipt of Department approval; however, the contractor shall provide written notice of the following to each resident at the time of the execution of the lease:
(1) the amount of rent increase from the previous season; and
(2) the standard used to calculate the increase.
(b) The Department shall approve a resident council initiated rent increase of up to $1.00 per day per unit at a migrant housing center if all of the following conditions are met:
(1) The resident council provides notice to the migrant center residents of the discussion of a special rent increase 15 days prior to the resident council meeting at which the special rent increase will be discussed. The resident council meeting shall be a public hearing, at which residents in attendance shall have the opportunity to vote on the proposed special rent increase.
(2) Following the resident council meeting, the resident council shall provide to the contractor for review and written comment a demonstration of a significant and critical need for the rent increase. Items which may create such a need include health and safety repairs, rehabilitation, maintenance of units, and increase in operating costs, other than personnel or administration. The contractor shall provide the resident council with comments and recommendations within 15 days of receipt of the demonstration.
(3) Within 15 days of the resident council approval of comments and recommendations from the contractor, the contractor provides the Department with the following items:
(A) A written summary of all written and oral comments by the residents and by the resident council, a record of the vote by center residents in attendance at the public hearing, and a resolution from the resident council regarding the rent increase and its purpose;
(B) A detailed justification for the cost and nature of actions which address the items comprising the need for the rent increase;
(C) Any other relevant information the contractor may wish to provide.
(4) The Department provides written approval or disapproval of all or part of the rent increase within 30 days of the receipt of the items required in subsection (b)(3). The Department's approval shall be based on a determination that the need and the costs of activities, which address the items comprising the need, are reasonable and valid. The Department shall consider whether the requirements of this subsection have been met and whether the need and the cost of activities addressing the need are reasonable and valid.
(5) Upon receipt of Department approval of the increase, the contractor provides at least 30 days written notice to each resident and the resident council of the increase. This provision does not apply if the contractor implements the increase in rent at the beginning of next on-season following receipt of Department approval; however, the contractor shall provide written notice of the following to each resident at the time of the execution of the lease:
(1) the amount of rent increase from the previous season; and
(2) the standard used to calculate the increase.
(c) Any funds collected pursuant to this section shall be obligated by the Department for use at the center from which they originated, and shall not supplant any other funds that would have been allocated to the center for operations or rehabilitation costs. The contractor shall have primary responsibility for accounting for funds collected pursuant to this section; shall remit the funds collected to the Department; and shall report the name of the center from where the special rents were collected, the date the special rents were collected (less any rent refunds) and the net amount remitted to the Department. Rent collected under this section shall be remitted by the contractor to the Department by the tenth (10th) of each month. Upon receipt of the Department's approval, the contractor shall hold special rents in a special OMS Resident fund account and shall disburse the special rent funds only for the use for which the special rent was authorized. The contractor shall provide a detailed reporting of the funds received and expended as required by the Department.
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
2. Amendment of subsections (a)(1)-(2), (a)(3)(A), and (a)(5), new subsections (b)-(b)(5) and subsection relettering, and amendment of newly designated subsection (c) 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 subsections (a)(1)-(2), (a)(3)(A), and (a)(5), repealing subsections (b)-(b)(5), subsection relettering, and amendment of newly designated subsection (c) filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
4. 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.
