17030. (a) Every person operating employee housing shall obtain a
permit to operate that employee housing from the enforcement agency,
unless otherwise exempted by this part. It shall be unlawful for any
person to operate employee housing without a valid permit to operate
issued by the enforcement agency, as required by this part. Permits
to operate shall be issued annually by the enforcement agency, except
as provided in this section and Section 17030.5.
(b) Employee housing on a dairy farm which meets the requirements
of Section 32505 of the Food and Agricultural Code, consisting only
of permanent single-family employee housing, may be exempted from the
requirement of obtaining a permit to operate employee housing, as
provided in Section 17031. This housing shall meet the requirements
of the State Housing Law before an exemption is granted.
(c) A permit to operate shall be valid from the date of issuance
through December 31 of the year of issuance, or December 31 of the
year designated by the enforcement agency for permanent single-family
employee housing. Permits to operate employee housing may prescribe
conditions on the use or occupancy of the employee housing.
(d) The Department of Housing and Community Development shall be
the enforcement agency for any employee housing owned or operated by
a railroad corporation.
17030.5. (a) A permit to operate employee housing consisting only
of permanent single-family housing may, when approved by the
enforcement agency, be issued for a longer period of time not to
exceed five years.
(b) No permit to operate employee housing shall be issued for a
period of time longer than one year during the first year of
operation of the employee housing, or if within the previous two
years the employee housing has been found to be in violation of this
part or the regulations adopted pursuant thereto. Whenever the
enforcement agency issues a permit for a period of time longer than
one year, it shall make written findings indicating the reasons for
issuing such a permit.
(c) The findings of the enforcement agency pursuant to subdivision
(b) shall include, but not be limited to, the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
17031. (a) (1) The operator of employee housing on a dairy farm
that meets the requirements of Section 32505 of the Food and
Agricultural Code, consisting only of permanent single-family
employee housing, may request an exemption from the requirement of
obtaining an annual permit to operate. The employee housing camp
operator shall notify each tenant of the permanent single-family
employee housing in writing that such an exemption is being
requested. The request for exemption shall be made in writing to the
enforcement agency.
(2) An exemption shall be granted to permanent single-family
employee housing unless the housing is in violation of the State
Housing Law, building standards published in the California Building
Standards Code relating to employee housing, or the other regulations
adopted pursuant to the State Housing Law in a manner that
materially affects the health and safety of the occupants, or in the
case of a mobilehome or manufactured home, is in violation of the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. Secs. 5401, et seq.) or regulations of the
department pursuant to Section 18028 in a manner that materially
affects the health and safety of the occupants, or has been found in
violation of this chapter within the previous two years.
(b) Whenever the enforcement agency issues an exemption from the
requirement of obtaining a permit to operate, it shall make written
findings indicating the reasons for issuing the exemption. Exemptions
shall be reviewed annually by the enforcement agency.
The findings of the enforcement agency shall include, but not be
limited to, all of the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
(c) Failure to maintain any permanent housing in accordance with
the State Housing Law, or, in the case of mobilehomes or manufactured
homes, failure to maintain these mobilehomes or manufactured homes
in accordance with the provisions of Part 2.1 (commencing with
Section 18200) of Division 13, and the regulations adopted pursuant
thereto, in a manner which materially affects the health and safety
of the occupants, shall be considered cause for revocation of an
exemption.
17031.3. (a) Every person operating or owning employee community
housing shall obtain a permit to operate such housing as a labor camp
pursuant to this part unless an exemption is granted by the
enforcement agency pursuant to this section. A request for an
exemption for each community shall be made in writing to the
enforcement agency. The person requesting the exemption shall give
written notice to each employee/tenant of the employee community
housing that an exemption is being requested. The notice shall state
the address and telephone number of the enforcement agency, and shall
state that any employee/tenant may inform the enforcement agency of
violations of health and safety standards within his or her dwelling
unit.
(b) The enforcement agency, after a review of all relevant facts,
shall grant an exemption to the owner or operator of the employee
community housing unless it finds any of the following:
(1) The housing is in violation of provisions of the State Housing
Law or the regulations adopted pursuant thereto in a manner which
materially affects the health and safety of the residents of the
housing.
(2) The housing, within the previous two years, has been found in
violation of the provisions of this part or the regulations adopted
pursuant thereto in a manner which materially affects the health and
safety of the residents of the housing.
(3) The housing does not meet the requirements of employee
community housing as defined by Section 17005.5.
(c) An exemption granted for employee community housing in one
community shall not apply to employee community housing in other
communities operated or owned by the same person.
(d) Employee community housing granted an exemption pursuant to
this section, during the period of such exemption, shall be subject
to the provisions of the State Housing Law. During this period, any
notice of violation of such law and verification of corrective action
shall be forwarded to the department. Not less than once every 10
years after an exemption is granted pursuant to this part, every
person operating or owning employee community housing shall give
written notice to each employee/tenant of the employee community
housing which shall state the address and telephone number of the
enforcement agency, and shall state that any employee/tenant may
inform the enforcement agency of violations of health and safety
standards within his or her dwelling unit.
(e) The exemption granted pursuant to this section shall be
rescinded by the enforcement agency if the employee community housing
is not operated or maintained in substantial compliance with Section
17005.5.
17031.4. When the enforcement agency is a local agency, upon
granting an exemption pursuant to Section 17031.3, the enforcement
agency shall submit the following information to the department:
(a) The year the housing was constructed.
(b) The number of years, if any, the housing has been operated as
employee housing with a valid permit to operate.
(c) The number and character of any complaints received during the
time the housing has been operated as employee housing.
(d) Any violations of the provisions of this part and the State
Housing Law which materially affect health and safety cited in the
last inspection of the housing.
(e) That the employee community housing has been exempted pursuant
to Section 17031.3, and conforms with the requirements of Section
17005.5.
17031.5. (a) No person operating employee housing shall terminate
or modify a tenancy by increasing rent, decreasing services,
threatening to bring or bringing an action to evict, refusing to
renew a tenancy, or in any other way intimidating, threatening,
restraining, coercing, blacklisting, or discharging an employee or
tenant because of the tenant's exercise of any of the following acts:
(1) Complaining in good faith, orally or in writing, to the
operator, landlord, or employer about tenantability or about any
right provided by this part.
(2) Exercising any legal right with respect to the housing
provided by this part.
(3) Complaining in good faith, orally or in writing, to any
applicable enforcement agency about tenantability or about any right
provided by this part.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(5) Bringing an action under Section 1942.5 of the Civil Code.
(b) The tenant shall have a defense of retaliation in any action
for possession if the employer or landlord acted in violation of this
section. If the employer or landlord acts to discharge an employee
or tenant or to modify or terminate a tenancy within six months after
the employee or tenant has exercised any of the acts enumerated in
subdivision (a), there is a rebuttable presumption affecting the
burden of proof that the employer's or landlord's action was
retaliatory.
(c) No tenant shall have a defense of retaliation in an action for
possession where tenantability is an issue of fact and the
untenantable condition was caused by the deliberate or negligent act
or omission of the tenant or a member of his or her family, or other
persons on the premises with his or her consent.
17031.6. (a) In any action brought pursuant to Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, in order to evict a tenant from employee housing,
this section shall apply to that proceeding, notwithstanding any
other provision of law including, but not limited to, Section 1170.5
of the Code of Civil Procedure.
(b) If, in an action subject to this section, a tenant alleges
both of the following in an answer or other response to an unlawful
detainer action, the trial on that action shall be set not earlier
than 30 days from the date of filing the answer, and in no event
prior to the completion of reasonable and diligently pursued
discovery, as determined by the court, unless both parties stipulate
to an earlier date:
(1) The tenant is not guilty of unlawful detainer because he or
she has engaged in protected activity pursuant to Section 1942.5 of
the Civil Code or Section 17031.5 of this code.
(2) The landlord's claim that the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it is
a pretext to retaliate against the tenant.
(c) If, in an action subject to this section, a tenant alleged
that he or she is not guilty of unlawful detainer because he or she
has engaged in protected activity pursuant to Section 1942.5 of the
Civil Code or Section 17031.5, and the landlord alleges or introduces
evidence at trial that the purpose of the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it,
the court shall immediately continue the trial for not less than 30
days, unless both parties stipulate to a waiver of this requirement.
(d) (1) If, pursuant to this section, a trial is delayed or
continued, the court, may, upon a noticed motion for a payment order
by the lessor, order the monthly payment of the reasonable monthly
rental value to the court, if rent were otherwise due, as a condition
of issuing the delay or continuance order.
(2) "Reasonable monthly rental value," as used in this
subdivision, means the amount determined by the court after deducting
from the contract rent any set offs, including, but not limited to,
a reduction in the rent because the dwelling is partially or
completely untenantable or rent abatements due to the tenant or
lessee. In addition, in determining whether to order the payment of a
reasonable monthly rental value to the court, or in ascertaining its
amount, the court shall consider the probability of the tenant or
lessee prevailing in the trial, the financial ability of the tenant
or lessee to maintain this action, and any other factor relevant to
the proposed payment order.
17031.7. (a) No person operating employee community housing that
has been granted an exemption pursuant to Section 17031.3, or who is
in the process of applying for such exemption, shall take any
retaliatory employment action against an employee/tenant because of
the employee/tenant's exercise of any of the following acts:
(1) Exercising any legal right with respect to the housing.
(2) Complaining, orally or in writing, to the landlord or employer
about tenantability of the housing.
(3) Complaining, orally or in writing, to any applicable agency
about tenantability of the housing.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(b) "Retaliatory employment action" includes discharge from
employment, wage decrease, demotion, or any other action detrimental
to the employee/tenant's employment status because of the
employee/tenant's exercise of the enumerated acts.
(c) Any person subject to this section shall also be subject to
the provisions of Section 1942.5 of the Civil Code.
17031.8. (a) An agency that exercises the responsibility for the
enforcement of this part pursuant to Section 17050 shall submit to
the Department of Housing and Community Development, on forms
provided by the department, the information specified in subdivision
(c) by March 31 of each year regarding the previous calendar year.
(b) The Department of Housing and Community Development shall
gather the information specified in subdivision (c) for all
permittees for which it acts as the enforcement agency and include a
summary of the information from the permittees and enforcement
agencies in the annual report submitted pursuant to Section 50408
regarding housing programs administered by the department. This
subdivision shall be inoperative from July 1, 2009, to June 30, 2012,
inclusive.
(c) The following information shall be provided for purposes of
subdivisions (a) and (b) for the reporting year:
(1) The number and location of employee housing accommodations,
including the number of permits to operate issued for employee
housing accommodations.
(2) The number and location of inactive employee housing
accommodations.
(3) The number and location of employee housing accommodations
found operating without a permit.
(4) The number of employees occupying employee housing
accommodations with a permit.
(5) The number of employees occupying accommodations found to be
operating without a permit.
(6) The number and types of inspections and reinspections
performed.
(7) A schedule of fees charged, the amount of fees collected for
each type of fee charged and the total amount of fees collected.
(8) The number of complaints received during the reporting year
and the character of any violations found for each accommodation
operating under permit, operating without a permit, or inactive.
(9) The number and character of violations of this part and
regulations adopted pursuant to this part found during inspection of
each accommodation operating under permit, or operating without a
permit.
(10) The number of violations of this part and regulations adopted
pursuant to this part that resulted in civil citations.
(11) The number of cases referred to prosecutorial agencies such
as the Attorney General or local district attorneys, the number of
cases filed to enforce this part, and the amounts of all fines and
civil penalties collected as a result of the enforcement of this
part.
(12) The number of staff hours dedicated to the implementation of
the Employee Housing Act (Part 1 (commencing with Section 17000)).
(13) The number and location of employee housing receiving an
exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033.
(d) The information specified in subdivision (c) shall be
maintained by the department and provided to members of the public
who have requested it in writing.
17032. Application for a permit to operate shall be made to the
enforcement agency at least 45 days prior to the date of initial
occupancy and shall be on the forms supplied by the enforcement
agency and shall contain at least the following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The location of the employee housing.
(c) Approximate number of occupants to be housed.
(d) A description of the facilities comprising the employee
housing.
(e) Approximate dates of occupancy.
The operator shall obtain an amended permit to operate when there
is any change in the foregoing information applicable to the employee
housing.
17033. Section 17032 shall not apply to employee housing owned or
operated by railroad corporations. Application for a permit to
operate employee housing owned or operated by a railroad corporation
shall be made to the Department of Housing and Community Development
within 30 days of initial occupancy and shall contain at least the
following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The present location of the employee housing.
(c) The present approximate number of occupants to be housed.
(d) A description of the present facilities comprising the
employee housing.
(e) Approximate dates of present occupancy. An amended permit
shall not be required if there is any change in the foregoing
information applicable to the railroad employee housing, provided,
however, the railroad corporation shall make this information
available to the department upon reasonable request.
17034. If any person who holds an annual permit to operate employee
housing violates any of the provisions of this part, building
standards published in the State Building Standards Code relating to
employee housing, the other regulations adopted pursuant to the
provisions of this part, or conditions of the permit, the enforcement
agency shall proceed according to Section 17055 immediately upon
discovery of such a violation.
17035. The department shall establish and maintain a roster of all
employee housing having a valid permit to operate.
17036. (a) Except as provided in Section 18930, the department
shall adopt regulations that it determines are necessary for the
administration and enforcement of this part. The regulations adopted,
amended, or repealed shall prescribe reasonable requirements for
issuance of permits and establish procedures for suspension of
permits, including appeal procedures.
(b) The department shall establish a schedule of fees to pay for
the cost of administration and enforcement of this part, that
includes, but is not limited to, the following minimum permit fees:
(1) A two-hundred-dollar ($200) issuance fee for a permit to
operate employee housing for each employee housing facility.
(2) A twenty-seven-dollar ($27) permit operation fee for each
employee the operator intends to house where that housing is supplied
by the operator, and at least twenty-seven dollars ($27) for each
lot or site provided for parking or the placement of manufactured
homes, mobilehomes, or recreational vehicles or other accommodations
by employees.
(c) On or after January 1, 2010, the department may increase the
fees established pursuant to subdivision (b), if necessary, to
finance the costs of administration and enforcement of this part.
(d) The department may adopt additional regulations to facilitate
the development of employee housing pursuant to Sections 17021.5 and
17021.6.
17037. Every person, or the agent or officer thereof, constructing,
operating, or maintaining employee housing shall comply with the
requirements of this part, with building standards published in the
State Building Standards Code relating to employee housing, and with
the other regulations adopted pursuant to this part.
(a) Any person operating or maintaining employee housing without
first having obtained a permit to operate from the enforcement agency
shall pay double the fees prescribed for the permit to operate the
employee housing.
(b) Any person found for a second or subsequent time within a
five-year period to be operating or maintaining employee housing
without first having obtained a permit to operate from the
enforcement agency shall pay 10 times the fees prescribed for the
permit to operate the employee housing. The two or more violations
referenced in this paragraph may be with regard either to the same
enforcement agency or to two or more different enforcement agencies.
17037.5. (a) Any person who ceases to operate or maintain employee
housing that is subject to the permit requirement pursuant to this
part shall be required to annually complete and submit a Certificate
of Non-Operation to the enforcement agency. The Certificate of
Non-Operation shall be submitted for two years following the
discontinuation of the use of any area on the property as employee
housing. The Certificate of Non-Operation shall attest under penalty
of perjury that the employee housing has been destroyed, or is no
longer owned or operated, or has not been and shall not be occupied
by five or more employees during the calendar year.
(b) The Certificate of Non-Operation shall include the owner's
name and address, the operator's name and address, the employee
housing name and location, the maximum number of employees who have
occupied or shall occupy the employee housing during the calendar
year, and any other information considered relevant by the
enforcement agency. The Certificate of Non-Operation shall be
completed and submitted to the enforcement agency no later than 30
calendar days after the enforcement agency provides the form to the
owner or operator.
17038. At all employee housing, a responsible person shall be
appointed by the operator to maintain the employee housing in
compliance with the use, maintenance, and occupancy requirements of
this part and the regulations adopted pursuant thereto. In addition,
at all employee housing, an operating telephone number shall be
posted conspicuously for the purposes of emergencies and complaints.
17039. (a) Every occupant of employee housing shall properly use
the facilities furnished and shall comply with the relevant
maintenance and sanitation provisions of this part.
(b) The provisions of Chapter 6 (commencing with Section 17060) do
not apply to this section.
17030. (a) Every person operating employee housing shall obtain a
permit to operate that employee housing from the enforcement agency,
unless otherwise exempted by this part. It shall be unlawful for any
person to operate employee housing without a valid permit to operate
issued by the enforcement agency, as required by this part. Permits
to operate shall be issued annually by the enforcement agency, except
as provided in this section and Section 17030.5.
(b) Employee housing on a dairy farm which meets the requirements
of Section 32505 of the Food and Agricultural Code, consisting only
of permanent single-family employee housing, may be exempted from the
requirement of obtaining a permit to operate employee housing, as
provided in Section 17031. This housing shall meet the requirements
of the State Housing Law before an exemption is granted.
(c) A permit to operate shall be valid from the date of issuance
through December 31 of the year of issuance, or December 31 of the
year designated by the enforcement agency for permanent single-family
employee housing. Permits to operate employee housing may prescribe
conditions on the use or occupancy of the employee housing.
(d) The Department of Housing and Community Development shall be
the enforcement agency for any employee housing owned or operated by
a railroad corporation.
17030.5. (a) A permit to operate employee housing consisting only
of permanent single-family housing may, when approved by the
enforcement agency, be issued for a longer period of time not to
exceed five years.
(b) No permit to operate employee housing shall be issued for a
period of time longer than one year during the first year of
operation of the employee housing, or if within the previous two
years the employee housing has been found to be in violation of this
part or the regulations adopted pursuant thereto. Whenever the
enforcement agency issues a permit for a period of time longer than
one year, it shall make written findings indicating the reasons for
issuing such a permit.
(c) The findings of the enforcement agency pursuant to subdivision
(b) shall include, but not be limited to, the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
17031. (a) (1) The operator of employee housing on a dairy farm
that meets the requirements of Section 32505 of the Food and
Agricultural Code, consisting only of permanent single-family
employee housing, may request an exemption from the requirement of
obtaining an annual permit to operate. The employee housing camp
operator shall notify each tenant of the permanent single-family
employee housing in writing that such an exemption is being
requested. The request for exemption shall be made in writing to the
enforcement agency.
(2) An exemption shall be granted to permanent single-family
employee housing unless the housing is in violation of the State
Housing Law, building standards published in the California Building
Standards Code relating to employee housing, or the other regulations
adopted pursuant to the State Housing Law in a manner that
materially affects the health and safety of the occupants, or in the
case of a mobilehome or manufactured home, is in violation of the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. Secs. 5401, et seq.) or regulations of the
department pursuant to Section 18028 in a manner that materially
affects the health and safety of the occupants, or has been found in
violation of this chapter within the previous two years.
(b) Whenever the enforcement agency issues an exemption from the
requirement of obtaining a permit to operate, it shall make written
findings indicating the reasons for issuing the exemption. Exemptions
shall be reviewed annually by the enforcement agency.
The findings of the enforcement agency shall include, but not be
limited to, all of the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
(c) Failure to maintain any permanent housing in accordance with
the State Housing Law, or, in the case of mobilehomes or manufactured
homes, failure to maintain these mobilehomes or manufactured homes
in accordance with the provisions of Part 2.1 (commencing with
Section 18200) of Division 13, and the regulations adopted pursuant
thereto, in a manner which materially affects the health and safety
of the occupants, shall be considered cause for revocation of an
exemption.
17031.3. (a) Every person operating or owning employee community
housing shall obtain a permit to operate such housing as a labor camp
pursuant to this part unless an exemption is granted by the
enforcement agency pursuant to this section. A request for an
exemption for each community shall be made in writing to the
enforcement agency. The person requesting the exemption shall give
written notice to each employee/tenant of the employee community
housing that an exemption is being requested. The notice shall state
the address and telephone number of the enforcement agency, and shall
state that any employee/tenant may inform the enforcement agency of
violations of health and safety standards within his or her dwelling
unit.
(b) The enforcement agency, after a review of all relevant facts,
shall grant an exemption to the owner or operator of the employee
community housing unless it finds any of the following:
(1) The housing is in violation of provisions of the State Housing
Law or the regulations adopted pursuant thereto in a manner which
materially affects the health and safety of the residents of the
housing.
(2) The housing, within the previous two years, has been found in
violation of the provisions of this part or the regulations adopted
pursuant thereto in a manner which materially affects the health and
safety of the residents of the housing.
(3) The housing does not meet the requirements of employee
community housing as defined by Section 17005.5.
(c) An exemption granted for employee community housing in one
community shall not apply to employee community housing in other
communities operated or owned by the same person.
(d) Employee community housing granted an exemption pursuant to
this section, during the period of such exemption, shall be subject
to the provisions of the State Housing Law. During this period, any
notice of violation of such law and verification of corrective action
shall be forwarded to the department. Not less than once every 10
years after an exemption is granted pursuant to this part, every
person operating or owning employee community housing shall give
written notice to each employee/tenant of the employee community
housing which shall state the address and telephone number of the
enforcement agency, and shall state that any employee/tenant may
inform the enforcement agency of violations of health and safety
standards within his or her dwelling unit.
(e) The exemption granted pursuant to this section shall be
rescinded by the enforcement agency if the employee community housing
is not operated or maintained in substantial compliance with Section
17005.5.
17031.4. When the enforcement agency is a local agency, upon
granting an exemption pursuant to Section 17031.3, the enforcement
agency shall submit the following information to the department:
(a) The year the housing was constructed.
(b) The number of years, if any, the housing has been operated as
employee housing with a valid permit to operate.
(c) The number and character of any complaints received during the
time the housing has been operated as employee housing.
(d) Any violations of the provisions of this part and the State
Housing Law which materially affect health and safety cited in the
last inspection of the housing.
(e) That the employee community housing has been exempted pursuant
to Section 17031.3, and conforms with the requirements of Section
17005.5.
17031.5. (a) No person operating employee housing shall terminate
or modify a tenancy by increasing rent, decreasing services,
threatening to bring or bringing an action to evict, refusing to
renew a tenancy, or in any other way intimidating, threatening,
restraining, coercing, blacklisting, or discharging an employee or
tenant because of the tenant's exercise of any of the following acts:
(1) Complaining in good faith, orally or in writing, to the
operator, landlord, or employer about tenantability or about any
right provided by this part.
(2) Exercising any legal right with respect to the housing
provided by this part.
(3) Complaining in good faith, orally or in writing, to any
applicable enforcement agency about tenantability or about any right
provided by this part.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(5) Bringing an action under Section 1942.5 of the Civil Code.
(b) The tenant shall have a defense of retaliation in any action
for possession if the employer or landlord acted in violation of this
section. If the employer or landlord acts to discharge an employee
or tenant or to modify or terminate a tenancy within six months after
the employee or tenant has exercised any of the acts enumerated in
subdivision (a), there is a rebuttable presumption affecting the
burden of proof that the employer's or landlord's action was
retaliatory.
(c) No tenant shall have a defense of retaliation in an action for
possession where tenantability is an issue of fact and the
untenantable condition was caused by the deliberate or negligent act
or omission of the tenant or a member of his or her family, or other
persons on the premises with his or her consent.
17031.6. (a) In any action brought pursuant to Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, in order to evict a tenant from employee housing,
this section shall apply to that proceeding, notwithstanding any
other provision of law including, but not limited to, Section 1170.5
of the Code of Civil Procedure.
(b) If, in an action subject to this section, a tenant alleges
both of the following in an answer or other response to an unlawful
detainer action, the trial on that action shall be set not earlier
than 30 days from the date of filing the answer, and in no event
prior to the completion of reasonable and diligently pursued
discovery, as determined by the court, unless both parties stipulate
to an earlier date:
(1) The tenant is not guilty of unlawful detainer because he or
she has engaged in protected activity pursuant to Section 1942.5 of
the Civil Code or Section 17031.5 of this code.
(2) The landlord's claim that the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it is
a pretext to retaliate against the tenant.
(c) If, in an action subject to this section, a tenant alleged
that he or she is not guilty of unlawful detainer because he or she
has engaged in protected activity pursuant to Section 1942.5 of the
Civil Code or Section 17031.5, and the landlord alleges or introduces
evidence at trial that the purpose of the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it,
the court shall immediately continue the trial for not less than 30
days, unless both parties stipulate to a waiver of this requirement.
(d) (1) If, pursuant to this section, a trial is delayed or
continued, the court, may, upon a noticed motion for a payment order
by the lessor, order the monthly payment of the reasonable monthly
rental value to the court, if rent were otherwise due, as a condition
of issuing the delay or continuance order.
(2) "Reasonable monthly rental value," as used in this
subdivision, means the amount determined by the court after deducting
from the contract rent any set offs, including, but not limited to,
a reduction in the rent because the dwelling is partially or
completely untenantable or rent abatements due to the tenant or
lessee. In addition, in determining whether to order the payment of a
reasonable monthly rental value to the court, or in ascertaining its
amount, the court shall consider the probability of the tenant or
lessee prevailing in the trial, the financial ability of the tenant
or lessee to maintain this action, and any other factor relevant to
the proposed payment order.
17031.7. (a) No person operating employee community housing that
has been granted an exemption pursuant to Section 17031.3, or who is
in the process of applying for such exemption, shall take any
retaliatory employment action against an employee/tenant because of
the employee/tenant's exercise of any of the following acts:
(1) Exercising any legal right with respect to the housing.
(2) Complaining, orally or in writing, to the landlord or employer
about tenantability of the housing.
(3) Complaining, orally or in writing, to any applicable agency
about tenantability of the housing.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(b) "Retaliatory employment action" includes discharge from
employment, wage decrease, demotion, or any other action detrimental
to the employee/tenant's employment status because of the
employee/tenant's exercise of the enumerated acts.
(c) Any person subject to this section shall also be subject to
the provisions of Section 1942.5 of the Civil Code.
17031.8. (a) An agency that exercises the responsibility for the
enforcement of this part pursuant to Section 17050 shall submit to
the Department of Housing and Community Development, on forms
provided by the department, the information specified in subdivision
(c) by March 31 of each year regarding the previous calendar year.
(b) The Department of Housing and Community Development shall
gather the information specified in subdivision (c) for all
permittees for which it acts as the enforcement agency and include a
summary of the information from the permittees and enforcement
agencies in the annual report submitted pursuant to Section 50408
regarding housing programs administered by the department. This
subdivision shall be inoperative from July 1, 2009, to June 30, 2012,
inclusive.
(c) The following information shall be provided for purposes of
subdivisions (a) and (b) for the reporting year:
(1) The number and location of employee housing accommodations,
including the number of permits to operate issued for employee
housing accommodations.
(2) The number and location of inactive employee housing
accommodations.
(3) The number and location of employee housing accommodations
found operating without a permit.
(4) The number of employees occupying employee housing
accommodations with a permit.
(5) The number of employees occupying accommodations found to be
operating without a permit.
(6) The number and types of inspections and reinspections
performed.
(7) A schedule of fees charged, the amount of fees collected for
each type of fee charged and the total amount of fees collected.
(8) The number of complaints received during the reporting year
and the character of any violations found for each accommodation
operating under permit, operating without a permit, or inactive.
(9) The number and character of violations of this part and
regulations adopted pursuant to this part found during inspection of
each accommodation operating under permit, or operating without a
permit.
(10) The number of violations of this part and regulations adopted
pursuant to this part that resulted in civil citations.
(11) The number of cases referred to prosecutorial agencies such
as the Attorney General or local district attorneys, the number of
cases filed to enforce this part, and the amounts of all fines and
civil penalties collected as a result of the enforcement of this
part.
(12) The number of staff hours dedicated to the implementation of
the Employee Housing Act (Part 1 (commencing with Section 17000)).
(13) The number and location of employee housing receiving an
exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033.
(d) The information specified in subdivision (c) shall be
maintained by the department and provided to members of the public
who have requested it in writing.
17032. Application for a permit to operate shall be made to the
enforcement agency at least 45 days prior to the date of initial
occupancy and shall be on the forms supplied by the enforcement
agency and shall contain at least the following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The location of the employee housing.
(c) Approximate number of occupants to be housed.
(d) A description of the facilities comprising the employee
housing.
(e) Approximate dates of occupancy.
The operator shall obtain an amended permit to operate when there
is any change in the foregoing information applicable to the employee
housing.
17033. Section 17032 shall not apply to employee housing owned or
operated by railroad corporations. Application for a permit to
operate employee housing owned or operated by a railroad corporation
shall be made to the Department of Housing and Community Development
within 30 days of initial occupancy and shall contain at least the
following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The present location of the employee housing.
(c) The present approximate number of occupants to be housed.
(d) A description of the present facilities comprising the
employee housing.
(e) Approximate dates of present occupancy. An amended permit
shall not be required if there is any change in the foregoing
information applicable to the railroad employee housing, provided,
however, the railroad corporation shall make this information
available to the department upon reasonable request.
17034. If any person who holds an annual permit to operate employee
housing violates any of the provisions of this part, building
standards published in the State Building Standards Code relating to
employee housing, the other regulations adopted pursuant to the
provisions of this part, or conditions of the permit, the enforcement
agency shall proceed according to Section 17055 immediately upon
discovery of such a violation.
17035. The department shall establish and maintain a roster of all
employee housing having a valid permit to operate.
17036. (a) Except as provided in Section 18930, the department
shall adopt regulations that it determines are necessary for the
administration and enforcement of this part. The regulations adopted,
amended, or repealed shall prescribe reasonable requirements for
issuance of permits and establish procedures for suspension of
permits, including appeal procedures.
(b) The department shall establish a schedule of fees to pay for
the cost of administration and enforcement of this part, that
includes, but is not limited to, the following minimum permit fees:
(1) A two-hundred-dollar ($200) issuance fee for a permit to
operate employee housing for each employee housing facility.
(2) A twenty-seven-dollar ($27) permit operation fee for each
employee the operator intends to house where that housing is supplied
by the operator, and at least twenty-seven dollars ($27) for each
lot or site provided for parking or the placement of manufactured
homes, mobilehomes, or recreational vehicles or other accommodations
by employees.
(c) On or after January 1, 2010, the department may increase the
fees established pursuant to subdivision (b), if necessary, to
finance the costs of administration and enforcement of this part.
(d) The department may adopt additional regulations to facilitate
the development of employee housing pursuant to Sections 17021.5 and
17021.6.
17037. Every person, or the agent or officer thereof, constructing,
operating, or maintaining employee housing shall comply with the
requirements of this part, with building standards published in the
State Building Standards Code relating to employee housing, and with
the other regulations adopted pursuant to this part.
(a) Any person operating or maintaining employee housing without
first having obtained a permit to operate from the enforcement agency
shall pay double the fees prescribed for the permit to operate the
employee housing.
(b) Any person found for a second or subsequent time within a
five-year period to be operating or maintaining employee housing
without first having obtained a permit to operate from the
enforcement agency shall pay 10 times the fees prescribed for the
permit to operate the employee housing. The two or more violations
referenced in this paragraph may be with regard either to the same
enforcement agency or to two or more different enforcement agencies.
17037.5. (a) Any person who ceases to operate or maintain employee
housing that is subject to the permit requirement pursuant to this
part shall be required to annually complete and submit a Certificate
of Non-Operation to the enforcement agency. The Certificate of
Non-Operation shall be submitted for two years following the
discontinuation of the use of any area on the property as employee
housing. The Certificate of Non-Operation shall attest under penalty
of perjury that the employee housing has been destroyed, or is no
longer owned or operated, or has not been and shall not be occupied
by five or more employees during the calendar year.
(b) The Certificate of Non-Operation shall include the owner's
name and address, the operator's name and address, the employee
housing name and location, the maximum number of employees who have
occupied or shall occupy the employee housing during the calendar
year, and any other information considered relevant by the
enforcement agency. The Certificate of Non-Operation shall be
completed and submitted to the enforcement agency no later than 30
calendar days after the enforcement agency provides the form to the
owner or operator.
17038. At all employee housing, a responsible person shall be
appointed by the operator to maintain the employee housing in
compliance with the use, maintenance, and occupancy requirements of
this part and the regulations adopted pursuant thereto. In addition,
at all employee housing, an operating telephone number shall be
posted conspicuously for the purposes of emergencies and complaints.
17039. (a) Every occupant of employee housing shall properly use
the facilities furnished and shall comply with the relevant
maintenance and sanitation provisions of this part.
(b) The provisions of Chapter 6 (commencing with Section 17060) do
not apply to this section.
17030. (a) Every person operating employee housing shall obtain a
permit to operate that employee housing from the enforcement agency,
unless otherwise exempted by this part. It shall be unlawful for any
person to operate employee housing without a valid permit to operate
issued by the enforcement agency, as required by this part. Permits
to operate shall be issued annually by the enforcement agency, except
as provided in this section and Section 17030.5.
(b) Employee housing on a dairy farm which meets the requirements
of Section 32505 of the Food and Agricultural Code, consisting only
of permanent single-family employee housing, may be exempted from the
requirement of obtaining a permit to operate employee housing, as
provided in Section 17031. This housing shall meet the requirements
of the State Housing Law before an exemption is granted.
(c) A permit to operate shall be valid from the date of issuance
through December 31 of the year of issuance, or December 31 of the
year designated by the enforcement agency for permanent single-family
employee housing. Permits to operate employee housing may prescribe
conditions on the use or occupancy of the employee housing.
(d) The Department of Housing and Community Development shall be
the enforcement agency for any employee housing owned or operated by
a railroad corporation.
17030.5. (a) A permit to operate employee housing consisting only
of permanent single-family housing may, when approved by the
enforcement agency, be issued for a longer period of time not to
exceed five years.
(b) No permit to operate employee housing shall be issued for a
period of time longer than one year during the first year of
operation of the employee housing, or if within the previous two
years the employee housing has been found to be in violation of this
part or the regulations adopted pursuant thereto. Whenever the
enforcement agency issues a permit for a period of time longer than
one year, it shall make written findings indicating the reasons for
issuing such a permit.
(c) The findings of the enforcement agency pursuant to subdivision
(b) shall include, but not be limited to, the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
17031. (a) (1) The operator of employee housing on a dairy farm
that meets the requirements of Section 32505 of the Food and
Agricultural Code, consisting only of permanent single-family
employee housing, may request an exemption from the requirement of
obtaining an annual permit to operate. The employee housing camp
operator shall notify each tenant of the permanent single-family
employee housing in writing that such an exemption is being
requested. The request for exemption shall be made in writing to the
enforcement agency.
(2) An exemption shall be granted to permanent single-family
employee housing unless the housing is in violation of the State
Housing Law, building standards published in the California Building
Standards Code relating to employee housing, or the other regulations
adopted pursuant to the State Housing Law in a manner that
materially affects the health and safety of the occupants, or in the
case of a mobilehome or manufactured home, is in violation of the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. Secs. 5401, et seq.) or regulations of the
department pursuant to Section 18028 in a manner that materially
affects the health and safety of the occupants, or has been found in
violation of this chapter within the previous two years.
(b) Whenever the enforcement agency issues an exemption from the
requirement of obtaining a permit to operate, it shall make written
findings indicating the reasons for issuing the exemption. Exemptions
shall be reviewed annually by the enforcement agency.
The findings of the enforcement agency shall include, but not be
limited to, all of the following information:
(1) The year the dwellings in the employee housing were
constructed.
(2) The number of years the employee housing has been operated
with a valid permit to operate.
(3) The number and character of any complaints received during the
time the employee housing has been operating either with or without
a permit.
(4) Any violations cited in the last inspection of the employee
housing.
(c) Failure to maintain any permanent housing in accordance with
the State Housing Law, or, in the case of mobilehomes or manufactured
homes, failure to maintain these mobilehomes or manufactured homes
in accordance with the provisions of Part 2.1 (commencing with
Section 18200) of Division 13, and the regulations adopted pursuant
thereto, in a manner which materially affects the health and safety
of the occupants, shall be considered cause for revocation of an
exemption.
17031.3. (a) Every person operating or owning employee community
housing shall obtain a permit to operate such housing as a labor camp
pursuant to this part unless an exemption is granted by the
enforcement agency pursuant to this section. A request for an
exemption for each community shall be made in writing to the
enforcement agency. The person requesting the exemption shall give
written notice to each employee/tenant of the employee community
housing that an exemption is being requested. The notice shall state
the address and telephone number of the enforcement agency, and shall
state that any employee/tenant may inform the enforcement agency of
violations of health and safety standards within his or her dwelling
unit.
(b) The enforcement agency, after a review of all relevant facts,
shall grant an exemption to the owner or operator of the employee
community housing unless it finds any of the following:
(1) The housing is in violation of provisions of the State Housing
Law or the regulations adopted pursuant thereto in a manner which
materially affects the health and safety of the residents of the
housing.
(2) The housing, within the previous two years, has been found in
violation of the provisions of this part or the regulations adopted
pursuant thereto in a manner which materially affects the health and
safety of the residents of the housing.
(3) The housing does not meet the requirements of employee
community housing as defined by Section 17005.5.
(c) An exemption granted for employee community housing in one
community shall not apply to employee community housing in other
communities operated or owned by the same person.
(d) Employee community housing granted an exemption pursuant to
this section, during the period of such exemption, shall be subject
to the provisions of the State Housing Law. During this period, any
notice of violation of such law and verification of corrective action
shall be forwarded to the department. Not less than once every 10
years after an exemption is granted pursuant to this part, every
person operating or owning employee community housing shall give
written notice to each employee/tenant of the employee community
housing which shall state the address and telephone number of the
enforcement agency, and shall state that any employee/tenant may
inform the enforcement agency of violations of health and safety
standards within his or her dwelling unit.
(e) The exemption granted pursuant to this section shall be
rescinded by the enforcement agency if the employee community housing
is not operated or maintained in substantial compliance with Section
17005.5.
17031.4. When the enforcement agency is a local agency, upon
granting an exemption pursuant to Section 17031.3, the enforcement
agency shall submit the following information to the department:
(a) The year the housing was constructed.
(b) The number of years, if any, the housing has been operated as
employee housing with a valid permit to operate.
(c) The number and character of any complaints received during the
time the housing has been operated as employee housing.
(d) Any violations of the provisions of this part and the State
Housing Law which materially affect health and safety cited in the
last inspection of the housing.
(e) That the employee community housing has been exempted pursuant
to Section 17031.3, and conforms with the requirements of Section
17005.5.
17031.5. (a) No person operating employee housing shall terminate
or modify a tenancy by increasing rent, decreasing services,
threatening to bring or bringing an action to evict, refusing to
renew a tenancy, or in any other way intimidating, threatening,
restraining, coercing, blacklisting, or discharging an employee or
tenant because of the tenant's exercise of any of the following acts:
(1) Complaining in good faith, orally or in writing, to the
operator, landlord, or employer about tenantability or about any
right provided by this part.
(2) Exercising any legal right with respect to the housing
provided by this part.
(3) Complaining in good faith, orally or in writing, to any
applicable enforcement agency about tenantability or about any right
provided by this part.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(5) Bringing an action under Section 1942.5 of the Civil Code.
(b) The tenant shall have a defense of retaliation in any action
for possession if the employer or landlord acted in violation of this
section. If the employer or landlord acts to discharge an employee
or tenant or to modify or terminate a tenancy within six months after
the employee or tenant has exercised any of the acts enumerated in
subdivision (a), there is a rebuttable presumption affecting the
burden of proof that the employer's or landlord's action was
retaliatory.
(c) No tenant shall have a defense of retaliation in an action for
possession where tenantability is an issue of fact and the
untenantable condition was caused by the deliberate or negligent act
or omission of the tenant or a member of his or her family, or other
persons on the premises with his or her consent.
17031.6. (a) In any action brought pursuant to Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, in order to evict a tenant from employee housing,
this section shall apply to that proceeding, notwithstanding any
other provision of law including, but not limited to, Section 1170.5
of the Code of Civil Procedure.
(b) If, in an action subject to this section, a tenant alleges
both of the following in an answer or other response to an unlawful
detainer action, the trial on that action shall be set not earlier
than 30 days from the date of filing the answer, and in no event
prior to the completion of reasonable and diligently pursued
discovery, as determined by the court, unless both parties stipulate
to an earlier date:
(1) The tenant is not guilty of unlawful detainer because he or
she has engaged in protected activity pursuant to Section 1942.5 of
the Civil Code or Section 17031.5 of this code.
(2) The landlord's claim that the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it is
a pretext to retaliate against the tenant.
(c) If, in an action subject to this section, a tenant alleged
that he or she is not guilty of unlawful detainer because he or she
has engaged in protected activity pursuant to Section 1942.5 of the
Civil Code or Section 17031.5, and the landlord alleges or introduces
evidence at trial that the purpose of the eviction is to allow the
landlord to remove the subject rental unit from use as employee
housing or from the market in order to rehabilitate or demolish it,
the court shall immediately continue the trial for not less than 30
days, unless both parties stipulate to a waiver of this requirement.
(d) (1) If, pursuant to this section, a trial is delayed or
continued, the court, may, upon a noticed motion for a payment order
by the lessor, order the monthly payment of the reasonable monthly
rental value to the court, if rent were otherwise due, as a condition
of issuing the delay or continuance order.
(2) "Reasonable monthly rental value," as used in this
subdivision, means the amount determined by the court after deducting
from the contract rent any set offs, including, but not limited to,
a reduction in the rent because the dwelling is partially or
completely untenantable or rent abatements due to the tenant or
lessee. In addition, in determining whether to order the payment of a
reasonable monthly rental value to the court, or in ascertaining its
amount, the court shall consider the probability of the tenant or
lessee prevailing in the trial, the financial ability of the tenant
or lessee to maintain this action, and any other factor relevant to
the proposed payment order.
17031.7. (a) No person operating employee community housing that
has been granted an exemption pursuant to Section 17031.3, or who is
in the process of applying for such exemption, shall take any
retaliatory employment action against an employee/tenant because of
the employee/tenant's exercise of any of the following acts:
(1) Exercising any legal right with respect to the housing.
(2) Complaining, orally or in writing, to the landlord or employer
about tenantability of the housing.
(3) Complaining, orally or in writing, to any applicable agency
about tenantability of the housing.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(b) "Retaliatory employment action" includes discharge from
employment, wage decrease, demotion, or any other action detrimental
to the employee/tenant's employment status because of the
employee/tenant's exercise of the enumerated acts.
(c) Any person subject to this section shall also be subject to
the provisions of Section 1942.5 of the Civil Code.
17031.8. (a) An agency that exercises the responsibility for the
enforcement of this part pursuant to Section 17050 shall submit to
the Department of Housing and Community Development, on forms
provided by the department, the information specified in subdivision
(c) by March 31 of each year regarding the previous calendar year.
(b) The Department of Housing and Community Development shall
gather the information specified in subdivision (c) for all
permittees for which it acts as the enforcement agency and include a
summary of the information from the permittees and enforcement
agencies in the annual report submitted pursuant to Section 50408
regarding housing programs administered by the department. This
subdivision shall be inoperative from July 1, 2009, to June 30, 2012,
inclusive.
(c) The following information shall be provided for purposes of
subdivisions (a) and (b) for the reporting year:
(1) The number and location of employee housing accommodations,
including the number of permits to operate issued for employee
housing accommodations.
(2) The number and location of inactive employee housing
accommodations.
(3) The number and location of employee housing accommodations
found operating without a permit.
(4) The number of employees occupying employee housing
accommodations with a permit.
(5) The number of employees occupying accommodations found to be
operating without a permit.
(6) The number and types of inspections and reinspections
performed.
(7) A schedule of fees charged, the amount of fees collected for
each type of fee charged and the total amount of fees collected.
(8) The number of complaints received during the reporting year
and the character of any violations found for each accommodation
operating under permit, operating without a permit, or inactive.
(9) The number and character of violations of this part and
regulations adopted pursuant to this part found during inspection of
each accommodation operating under permit, or operating without a
permit.
(10) The number of violations of this part and regulations adopted
pursuant to this part that resulted in civil citations.
(11) The number of cases referred to prosecutorial agencies such
as the Attorney General or local district attorneys, the number of
cases filed to enforce this part, and the amounts of all fines and
civil penalties collected as a result of the enforcement of this
part.
(12) The number of staff hours dedicated to the implementation of
the Employee Housing Act (Part 1 (commencing with Section 17000)).
(13) The number and location of employee housing receiving an
exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033.
(d) The information specified in subdivision (c) shall be
maintained by the department and provided to members of the public
who have requested it in writing.
17032. Application for a permit to operate shall be made to the
enforcement agency at least 45 days prior to the date of initial
occupancy and shall be on the forms supplied by the enforcement
agency and shall contain at least the following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The location of the employee housing.
(c) Approximate number of occupants to be housed.
(d) A description of the facilities comprising the employee
housing.
(e) Approximate dates of occupancy.
The operator shall obtain an amended permit to operate when there
is any change in the foregoing information applicable to the employee
housing.
17033. Section 17032 shall not apply to employee housing owned or
operated by railroad corporations. Application for a permit to
operate employee housing owned or operated by a railroad corporation
shall be made to the Department of Housing and Community Development
within 30 days of initial occupancy and shall contain at least the
following information:
(a) The name and address and telephone numbers of the employee
housing owner and operator.
(b) The present location of the employee housing.
(c) The present approximate number of occupants to be housed.
(d) A description of the present facilities comprising the
employee housing.
(e) Approximate dates of present occupancy. An amended permit
shall not be required if there is any change in the foregoing
information applicable to the railroad employee housing, provided,
however, the railroad corporation shall make this information
available to the department upon reasonable request.
17034. If any person who holds an annual permit to operate employee
housing violates any of the provisions of this part, building
standards published in the State Building Standards Code relating to
employee housing, the other regulations adopted pursuant to the
provisions of this part, or conditions of the permit, the enforcement
agency shall proceed according to Section 17055 immediately upon
discovery of such a violation.
17035. The department shall establish and maintain a roster of all
employee housing having a valid permit to operate.
17036. (a) Except as provided in Section 18930, the department
shall adopt regulations that it determines are necessary for the
administration and enforcement of this part. The regulations adopted,
amended, or repealed shall prescribe reasonable requirements for
issuance of permits and establish procedures for suspension of
permits, including appeal procedures.
(b) The department shall establish a schedule of fees to pay for
the cost of administration and enforcement of this part, that
includes, but is not limited to, the following minimum permit fees:
(1) A two-hundred-dollar ($200) issuance fee for a permit to
operate employee housing for each employee housing facility.
(2) A twenty-seven-dollar ($27) permit operation fee for each
employee the operator intends to house where that housing is supplied
by the operator, and at least twenty-seven dollars ($27) for each
lot or site provided for parking or the placement of manufactured
homes, mobilehomes, or recreational vehicles or other accommodations
by employees.
(c) On or after January 1, 2010, the department may increase the
fees established pursuant to subdivision (b), if necessary, to
finance the costs of administration and enforcement of this part.
(d) The department may adopt additional regulations to facilitate
the development of employee housing pursuant to Sections 17021.5 and
17021.6.
17037. Every person, or the agent or officer thereof, constructing,
operating, or maintaining employee housing shall comply with the
requirements of this part, with building standards published in the
State Building Standards Code relating to employee housing, and with
the other regulations adopted pursuant to this part.
(a) Any person operating or maintaining employee housing without
first having obtained a permit to operate from the enforcement agency
shall pay double the fees prescribed for the permit to operate the
employee housing.
(b) Any person found for a second or subsequent time within a
five-year period to be operating or maintaining employee housing
without first having obtained a permit to operate from the
enforcement agency shall pay 10 times the fees prescribed for the
permit to operate the employee housing. The two or more violations
referenced in this paragraph may be with regard either to the same
enforcement agency or to two or more different enforcement agencies.
17037.5. (a) Any person who ceases to operate or maintain employee
housing that is subject to the permit requirement pursuant to this
part shall be required to annually complete and submit a Certificate
of Non-Operation to the enforcement agency. The Certificate of
Non-Operation shall be submitted for two years following the
discontinuation of the use of any area on the property as employee
housing. The Certificate of Non-Operation shall attest under penalty
of perjury that the employee housing has been destroyed, or is no
longer owned or operated, or has not been and shall not be occupied
by five or more employees during the calendar year.
(b) The Certificate of Non-Operation shall include the owner's
name and address, the operator's name and address, the employee
housing name and location, the maximum number of employees who have
occupied or shall occupy the employee housing during the calendar
year, and any other information considered relevant by the
enforcement agency. The Certificate of Non-Operation shall be
completed and submitted to the enforcement agency no later than 30
calendar days after the enforcement agency provides the form to the
owner or operator.
17038. At all employee housing, a responsible person shall be
appointed by the operator to maintain the employee housing in
compliance with the use, maintenance, and occupancy requirements of
this part and the regulations adopted pursuant thereto. In addition,
at all employee housing, an operating telephone number shall be
posted conspicuously for the purposes of emergencies and complaints.
17039. (a) Every occupant of employee housing shall properly use
the facilities furnished and shall comply with the relevant
maintenance and sanitation provisions of this part.
(b) The provisions of Chapter 6 (commencing with Section 17060) do
not apply to this section.
