State Codes and Statutes

Statutes > California > Hsc > 50680-50689.5

HEALTH AND SAFETY CODE
SECTION 50680-50689.5



50680.  The Legislature finds and declares that recent deemphasis of
programs of institutional care for the developmentally disabled, the
mentally disordered, and the physically disabled has resulted in
participation by many of those persons in programs of rehabilitation,
education, and social services within the community. Because of the
outpatient status of persons enrolled in those programs, there is a
need to provide housing for them which will aid in accomplishment and
maintenance of the objectives of those programs, thereby minimizing
the numbers of developmentally disabled, mentally disordered, and
physically disabled persons in public institutions and improving the
quality of life for those persons. In order to assist in providing
the variety of living arrangements required for such purpose, it is
necessary that the state cooperate with cities, counties, cities and
counties, and nonprofit corporations in obtaining federal housing
subsidies therefor.
   It is the intent of the Legislature in enacting this chapter to
vest in the department authority to obtain federal housing subsidies
for housing for persons requiring supportive services, as defined in
this part.


50681.  As used in this chapter, "department" means the Department
of Housing and Community Development.



50682.  As used in this chapter, "developmentally disabled" means
affected by a disability specified in subdivision (a) of Section 4512
of the Welfare and Institutions Code rendering the affected person
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a disability.



50683.  As used in this chapter, "local agency" means a city,
county, or city and county.



50684.  As used in this chapter, "mentally disordered" means
affected by a mental disorder rendering the affected person eligible
to participate in programs of rehabilitation, education, or social
services conducted by or on behalf of a public agency, and also means
persons affected by such a mental disorder.



50685.  As used in this chapter, "physically disabled" means
affected by a physical disability rendering the affected persons
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a physical disability.




50685.5.  As used in this chapter, "persons requiring supportive
services" means persons who are eligible to receive housing
assistance pursuant to federal law because of financial inability to
provide adequate housing for themselves or persons dependent upon
them, who are or will be participating in programs of rehabilitation,
education, or social services, and who meet any of the following
criteria:
   (a) The person shall have been determined to be developmentally
disabled, but not requiring institutional care, by the State
Department of Developmental Services, a regional center established
pursuant to Section 4620 of the Welfare and Institutions Code, or by
the designated representative thereof.
   (b) The person shall have been determined to be mentally
disordered, but not requiring institutional care, by a local director
of mental health services, by the State Department of Mental Health,
or by the designated representatives thereof.
   (c) The person shall have been determined to be physically
disabled by the State Department of Rehabilitation or by the
designated representatives thereof.


50686.  Notwithstanding any other provision of law, the department
shall have all the powers granted to housing authorities pursuant to
Part 2 (commencing with Section 34200) of Division 24 for the purpose
of obtaining financial subsidies or assistance from any agency of
the United States to provide leased housing pursuant to this chapter
for persons requiring supportive services.



50686.5.  (a) Notwithstanding any other provision of law, any public
housing authority created pursuant to Part 2 (commencing with
Section 34200) of Division 24 which is providing, or proposes to
provide, housing for persons requiring supportive services may apply
to the federal Department of Housing and Urban Development for
federal housing subsidies therefor.
   (b) (1) On or after July 1, 1994, the department, with the
approval of the federal Department of Housing and Urban Development,
shall transfer, in accordance with subdivision (c), all contracts
entered into under this section to public housing authorities created
by Part 2 (commencing with Section 34200) of Division 24. Prior to
the transfer of vouchers and certificates that are specifically
designated for the use of persons with disabilities, the public
housing authority shall deliver to the department a letter attesting
to its intent to maintain the vouchers and certificates for the use
of persons with disabilities, including the maintenance of a separate
list of eligible voucher and certificate applicants to the extent
allowed by federal law. The list shall be specially coded and
identified as a local preference for Aftercare eligible certificate
and voucher holders. The department shall make copies of the letters
of intent available to any person who requests that information.
   (2) Each housing authority shall be required to annually report on
its Aftercare activities in its annual Section 8 Certificate and
Voucher Program report submitted to the federal Department of Housing
and Urban Development and the department and to any representative
of the disabled community that requests that information. All
information in the annual Aftercare report shall be subject to public
comment and review at a properly noticed Housing Authority
Commission meeting.
   (c) The transfers authorized pursuant to paragraph (1) of
subdivision (b) shall not occur unless and until the federal
Department of Housing and Urban Development, prior to March 1, 1994,
has notified the department, in writing, that the transfer can be
structured so that the Aftercare vouchers and certificates will
continue to serve the program's existing and future clients.



50687.  Notwithstanding the provisions of Section 50688, for the
purposes of this chapter the department may do any or all of the
following:
   (a) Enter into contracts with any agency of the United States for
the purpose of obtaining funds for dispersal to local agencies,
nonprofit corporations, and owners and developers of housing to
subsidize housing for persons requiring supportive services.
   (b) Enter into contracts with local agencies, nonprofit
corporations, and owners and developers of housing for persons
requiring supportive services for the purpose of disbursing federal
housing subsidies.



50687.5.  The department, after consultation with the State
Department of Developmental Services, the State Department of
Rehabilitation, or the State Department of Mental Health, may adopt,
amend or repeal regulations for the administration of this chapter.
   The department shall submit applications for federal housing
subsidies for persons requiring supportive services.



50688.  The Legislature finds and declares that proper housing
serves as a stabilizing factor and is an important facet of any
program designed to rehabilitate mentally disordered, developmentally
disabled, and physically disabled persons and that the disruption of
continued occupancy in a dwelling could cause a setback in treatment
in particular cases. It is, therefore, the intent of the Legislature
that persons who have received housing under a program established
pursuant to Section 50680 shall be allowed to continue to receive
rental housing assistance payments subsidies after termination of
participation in a public program of rehabilitation, education, or
social services if the persons meet the criteria established by
federal regulations governing low-rent housing programs.



50689.  (a) It is the intent of the Legislature in enacting this
section to provide housing assistance for the developmentally or
physically disabled, and mentally disordered where such assistance is
for the purpose of providing a transition from an institutional to
an independent setting, and where such assistance is administered in
the context of ongoing local programs leading to rehabilitation and
independence.
   (b) The department shall establish a program for the purpose of
housing assistance for the physically or developmentally disabled, or
mentally disordered. The department shall contract with local
agencies or nonprofit corporations incorporated pursuant to Part 1
(commencing with Section 9000) of Division 2 of Title 1 of the
Corporations Code which provide supportive services for such
individuals, where such services are designed to provide a transition
to independent living. The local agencies or nonprofit corporation
shall ensure that recipients of housing assistance are income
qualified under guidelines for programs of the federal Department of
Housing and Urban Development under Section 8 of the United States
Housing Act of 1937, as amended (42 United States Code 1437(f)), and
shall not contract for housing which exceeds such guidelines for fair
market rents for the Section 8 program. Public and private agencies
participating in the program established pursuant to this section
shall be those whose program philosophies and activities conform
substantially to the principles of community living under Chapter 12
(commencing with Section 4830) of Division 4.5, community residential
treatment under Chapter 5 (commencing with Section 5450) of Part 1
of Division 5, and independent living under Chapter 8 (commencing
with Section 19800) of Part 2 of Division 10, of the Welfare and
Institutions Code.
   (c) Any local agency making application for housing assistance
payments to the department shall, in its application, explain how
such housing assistance payments are part of its ongoing programs to
establish independent living for its disabled clientele. The
department, in reviewing such applications, may consult with the
Department of Developmental Disabilities, the Department of Mental
Health, and the Department of Rehabilitation.
   (d) In order to receive housing assistance payments for any
specific structure pursuant to the provisions of this section, the
local agency or nonprofit corporation shall not contract for rental
of more than 12 units, or for rental of space for more than 24
persons, in the structure. No individual shall remain in a payment
assisted unit for more than 18 months.



50689.5.  Housing and housing programs developed or assisted
pursuant to this chapter shall be consistent with the housing
element, as required by Section 65302 of the Government Code, of the
general plan of the jurisdiction in which the housing is proposed.


State Codes and Statutes

Statutes > California > Hsc > 50680-50689.5

HEALTH AND SAFETY CODE
SECTION 50680-50689.5



50680.  The Legislature finds and declares that recent deemphasis of
programs of institutional care for the developmentally disabled, the
mentally disordered, and the physically disabled has resulted in
participation by many of those persons in programs of rehabilitation,
education, and social services within the community. Because of the
outpatient status of persons enrolled in those programs, there is a
need to provide housing for them which will aid in accomplishment and
maintenance of the objectives of those programs, thereby minimizing
the numbers of developmentally disabled, mentally disordered, and
physically disabled persons in public institutions and improving the
quality of life for those persons. In order to assist in providing
the variety of living arrangements required for such purpose, it is
necessary that the state cooperate with cities, counties, cities and
counties, and nonprofit corporations in obtaining federal housing
subsidies therefor.
   It is the intent of the Legislature in enacting this chapter to
vest in the department authority to obtain federal housing subsidies
for housing for persons requiring supportive services, as defined in
this part.


50681.  As used in this chapter, "department" means the Department
of Housing and Community Development.



50682.  As used in this chapter, "developmentally disabled" means
affected by a disability specified in subdivision (a) of Section 4512
of the Welfare and Institutions Code rendering the affected person
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a disability.



50683.  As used in this chapter, "local agency" means a city,
county, or city and county.



50684.  As used in this chapter, "mentally disordered" means
affected by a mental disorder rendering the affected person eligible
to participate in programs of rehabilitation, education, or social
services conducted by or on behalf of a public agency, and also means
persons affected by such a mental disorder.



50685.  As used in this chapter, "physically disabled" means
affected by a physical disability rendering the affected persons
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a physical disability.




50685.5.  As used in this chapter, "persons requiring supportive
services" means persons who are eligible to receive housing
assistance pursuant to federal law because of financial inability to
provide adequate housing for themselves or persons dependent upon
them, who are or will be participating in programs of rehabilitation,
education, or social services, and who meet any of the following
criteria:
   (a) The person shall have been determined to be developmentally
disabled, but not requiring institutional care, by the State
Department of Developmental Services, a regional center established
pursuant to Section 4620 of the Welfare and Institutions Code, or by
the designated representative thereof.
   (b) The person shall have been determined to be mentally
disordered, but not requiring institutional care, by a local director
of mental health services, by the State Department of Mental Health,
or by the designated representatives thereof.
   (c) The person shall have been determined to be physically
disabled by the State Department of Rehabilitation or by the
designated representatives thereof.


50686.  Notwithstanding any other provision of law, the department
shall have all the powers granted to housing authorities pursuant to
Part 2 (commencing with Section 34200) of Division 24 for the purpose
of obtaining financial subsidies or assistance from any agency of
the United States to provide leased housing pursuant to this chapter
for persons requiring supportive services.



50686.5.  (a) Notwithstanding any other provision of law, any public
housing authority created pursuant to Part 2 (commencing with
Section 34200) of Division 24 which is providing, or proposes to
provide, housing for persons requiring supportive services may apply
to the federal Department of Housing and Urban Development for
federal housing subsidies therefor.
   (b) (1) On or after July 1, 1994, the department, with the
approval of the federal Department of Housing and Urban Development,
shall transfer, in accordance with subdivision (c), all contracts
entered into under this section to public housing authorities created
by Part 2 (commencing with Section 34200) of Division 24. Prior to
the transfer of vouchers and certificates that are specifically
designated for the use of persons with disabilities, the public
housing authority shall deliver to the department a letter attesting
to its intent to maintain the vouchers and certificates for the use
of persons with disabilities, including the maintenance of a separate
list of eligible voucher and certificate applicants to the extent
allowed by federal law. The list shall be specially coded and
identified as a local preference for Aftercare eligible certificate
and voucher holders. The department shall make copies of the letters
of intent available to any person who requests that information.
   (2) Each housing authority shall be required to annually report on
its Aftercare activities in its annual Section 8 Certificate and
Voucher Program report submitted to the federal Department of Housing
and Urban Development and the department and to any representative
of the disabled community that requests that information. All
information in the annual Aftercare report shall be subject to public
comment and review at a properly noticed Housing Authority
Commission meeting.
   (c) The transfers authorized pursuant to paragraph (1) of
subdivision (b) shall not occur unless and until the federal
Department of Housing and Urban Development, prior to March 1, 1994,
has notified the department, in writing, that the transfer can be
structured so that the Aftercare vouchers and certificates will
continue to serve the program's existing and future clients.



50687.  Notwithstanding the provisions of Section 50688, for the
purposes of this chapter the department may do any or all of the
following:
   (a) Enter into contracts with any agency of the United States for
the purpose of obtaining funds for dispersal to local agencies,
nonprofit corporations, and owners and developers of housing to
subsidize housing for persons requiring supportive services.
   (b) Enter into contracts with local agencies, nonprofit
corporations, and owners and developers of housing for persons
requiring supportive services for the purpose of disbursing federal
housing subsidies.



50687.5.  The department, after consultation with the State
Department of Developmental Services, the State Department of
Rehabilitation, or the State Department of Mental Health, may adopt,
amend or repeal regulations for the administration of this chapter.
   The department shall submit applications for federal housing
subsidies for persons requiring supportive services.



50688.  The Legislature finds and declares that proper housing
serves as a stabilizing factor and is an important facet of any
program designed to rehabilitate mentally disordered, developmentally
disabled, and physically disabled persons and that the disruption of
continued occupancy in a dwelling could cause a setback in treatment
in particular cases. It is, therefore, the intent of the Legislature
that persons who have received housing under a program established
pursuant to Section 50680 shall be allowed to continue to receive
rental housing assistance payments subsidies after termination of
participation in a public program of rehabilitation, education, or
social services if the persons meet the criteria established by
federal regulations governing low-rent housing programs.



50689.  (a) It is the intent of the Legislature in enacting this
section to provide housing assistance for the developmentally or
physically disabled, and mentally disordered where such assistance is
for the purpose of providing a transition from an institutional to
an independent setting, and where such assistance is administered in
the context of ongoing local programs leading to rehabilitation and
independence.
   (b) The department shall establish a program for the purpose of
housing assistance for the physically or developmentally disabled, or
mentally disordered. The department shall contract with local
agencies or nonprofit corporations incorporated pursuant to Part 1
(commencing with Section 9000) of Division 2 of Title 1 of the
Corporations Code which provide supportive services for such
individuals, where such services are designed to provide a transition
to independent living. The local agencies or nonprofit corporation
shall ensure that recipients of housing assistance are income
qualified under guidelines for programs of the federal Department of
Housing and Urban Development under Section 8 of the United States
Housing Act of 1937, as amended (42 United States Code 1437(f)), and
shall not contract for housing which exceeds such guidelines for fair
market rents for the Section 8 program. Public and private agencies
participating in the program established pursuant to this section
shall be those whose program philosophies and activities conform
substantially to the principles of community living under Chapter 12
(commencing with Section 4830) of Division 4.5, community residential
treatment under Chapter 5 (commencing with Section 5450) of Part 1
of Division 5, and independent living under Chapter 8 (commencing
with Section 19800) of Part 2 of Division 10, of the Welfare and
Institutions Code.
   (c) Any local agency making application for housing assistance
payments to the department shall, in its application, explain how
such housing assistance payments are part of its ongoing programs to
establish independent living for its disabled clientele. The
department, in reviewing such applications, may consult with the
Department of Developmental Disabilities, the Department of Mental
Health, and the Department of Rehabilitation.
   (d) In order to receive housing assistance payments for any
specific structure pursuant to the provisions of this section, the
local agency or nonprofit corporation shall not contract for rental
of more than 12 units, or for rental of space for more than 24
persons, in the structure. No individual shall remain in a payment
assisted unit for more than 18 months.



50689.5.  Housing and housing programs developed or assisted
pursuant to this chapter shall be consistent with the housing
element, as required by Section 65302 of the Government Code, of the
general plan of the jurisdiction in which the housing is proposed.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 50680-50689.5

HEALTH AND SAFETY CODE
SECTION 50680-50689.5



50680.  The Legislature finds and declares that recent deemphasis of
programs of institutional care for the developmentally disabled, the
mentally disordered, and the physically disabled has resulted in
participation by many of those persons in programs of rehabilitation,
education, and social services within the community. Because of the
outpatient status of persons enrolled in those programs, there is a
need to provide housing for them which will aid in accomplishment and
maintenance of the objectives of those programs, thereby minimizing
the numbers of developmentally disabled, mentally disordered, and
physically disabled persons in public institutions and improving the
quality of life for those persons. In order to assist in providing
the variety of living arrangements required for such purpose, it is
necessary that the state cooperate with cities, counties, cities and
counties, and nonprofit corporations in obtaining federal housing
subsidies therefor.
   It is the intent of the Legislature in enacting this chapter to
vest in the department authority to obtain federal housing subsidies
for housing for persons requiring supportive services, as defined in
this part.


50681.  As used in this chapter, "department" means the Department
of Housing and Community Development.



50682.  As used in this chapter, "developmentally disabled" means
affected by a disability specified in subdivision (a) of Section 4512
of the Welfare and Institutions Code rendering the affected person
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a disability.



50683.  As used in this chapter, "local agency" means a city,
county, or city and county.



50684.  As used in this chapter, "mentally disordered" means
affected by a mental disorder rendering the affected person eligible
to participate in programs of rehabilitation, education, or social
services conducted by or on behalf of a public agency, and also means
persons affected by such a mental disorder.



50685.  As used in this chapter, "physically disabled" means
affected by a physical disability rendering the affected persons
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency, and
also means persons affected by such a physical disability.




50685.5.  As used in this chapter, "persons requiring supportive
services" means persons who are eligible to receive housing
assistance pursuant to federal law because of financial inability to
provide adequate housing for themselves or persons dependent upon
them, who are or will be participating in programs of rehabilitation,
education, or social services, and who meet any of the following
criteria:
   (a) The person shall have been determined to be developmentally
disabled, but not requiring institutional care, by the State
Department of Developmental Services, a regional center established
pursuant to Section 4620 of the Welfare and Institutions Code, or by
the designated representative thereof.
   (b) The person shall have been determined to be mentally
disordered, but not requiring institutional care, by a local director
of mental health services, by the State Department of Mental Health,
or by the designated representatives thereof.
   (c) The person shall have been determined to be physically
disabled by the State Department of Rehabilitation or by the
designated representatives thereof.


50686.  Notwithstanding any other provision of law, the department
shall have all the powers granted to housing authorities pursuant to
Part 2 (commencing with Section 34200) of Division 24 for the purpose
of obtaining financial subsidies or assistance from any agency of
the United States to provide leased housing pursuant to this chapter
for persons requiring supportive services.



50686.5.  (a) Notwithstanding any other provision of law, any public
housing authority created pursuant to Part 2 (commencing with
Section 34200) of Division 24 which is providing, or proposes to
provide, housing for persons requiring supportive services may apply
to the federal Department of Housing and Urban Development for
federal housing subsidies therefor.
   (b) (1) On or after July 1, 1994, the department, with the
approval of the federal Department of Housing and Urban Development,
shall transfer, in accordance with subdivision (c), all contracts
entered into under this section to public housing authorities created
by Part 2 (commencing with Section 34200) of Division 24. Prior to
the transfer of vouchers and certificates that are specifically
designated for the use of persons with disabilities, the public
housing authority shall deliver to the department a letter attesting
to its intent to maintain the vouchers and certificates for the use
of persons with disabilities, including the maintenance of a separate
list of eligible voucher and certificate applicants to the extent
allowed by federal law. The list shall be specially coded and
identified as a local preference for Aftercare eligible certificate
and voucher holders. The department shall make copies of the letters
of intent available to any person who requests that information.
   (2) Each housing authority shall be required to annually report on
its Aftercare activities in its annual Section 8 Certificate and
Voucher Program report submitted to the federal Department of Housing
and Urban Development and the department and to any representative
of the disabled community that requests that information. All
information in the annual Aftercare report shall be subject to public
comment and review at a properly noticed Housing Authority
Commission meeting.
   (c) The transfers authorized pursuant to paragraph (1) of
subdivision (b) shall not occur unless and until the federal
Department of Housing and Urban Development, prior to March 1, 1994,
has notified the department, in writing, that the transfer can be
structured so that the Aftercare vouchers and certificates will
continue to serve the program's existing and future clients.



50687.  Notwithstanding the provisions of Section 50688, for the
purposes of this chapter the department may do any or all of the
following:
   (a) Enter into contracts with any agency of the United States for
the purpose of obtaining funds for dispersal to local agencies,
nonprofit corporations, and owners and developers of housing to
subsidize housing for persons requiring supportive services.
   (b) Enter into contracts with local agencies, nonprofit
corporations, and owners and developers of housing for persons
requiring supportive services for the purpose of disbursing federal
housing subsidies.



50687.5.  The department, after consultation with the State
Department of Developmental Services, the State Department of
Rehabilitation, or the State Department of Mental Health, may adopt,
amend or repeal regulations for the administration of this chapter.
   The department shall submit applications for federal housing
subsidies for persons requiring supportive services.



50688.  The Legislature finds and declares that proper housing
serves as a stabilizing factor and is an important facet of any
program designed to rehabilitate mentally disordered, developmentally
disabled, and physically disabled persons and that the disruption of
continued occupancy in a dwelling could cause a setback in treatment
in particular cases. It is, therefore, the intent of the Legislature
that persons who have received housing under a program established
pursuant to Section 50680 shall be allowed to continue to receive
rental housing assistance payments subsidies after termination of
participation in a public program of rehabilitation, education, or
social services if the persons meet the criteria established by
federal regulations governing low-rent housing programs.



50689.  (a) It is the intent of the Legislature in enacting this
section to provide housing assistance for the developmentally or
physically disabled, and mentally disordered where such assistance is
for the purpose of providing a transition from an institutional to
an independent setting, and where such assistance is administered in
the context of ongoing local programs leading to rehabilitation and
independence.
   (b) The department shall establish a program for the purpose of
housing assistance for the physically or developmentally disabled, or
mentally disordered. The department shall contract with local
agencies or nonprofit corporations incorporated pursuant to Part 1
(commencing with Section 9000) of Division 2 of Title 1 of the
Corporations Code which provide supportive services for such
individuals, where such services are designed to provide a transition
to independent living. The local agencies or nonprofit corporation
shall ensure that recipients of housing assistance are income
qualified under guidelines for programs of the federal Department of
Housing and Urban Development under Section 8 of the United States
Housing Act of 1937, as amended (42 United States Code 1437(f)), and
shall not contract for housing which exceeds such guidelines for fair
market rents for the Section 8 program. Public and private agencies
participating in the program established pursuant to this section
shall be those whose program philosophies and activities conform
substantially to the principles of community living under Chapter 12
(commencing with Section 4830) of Division 4.5, community residential
treatment under Chapter 5 (commencing with Section 5450) of Part 1
of Division 5, and independent living under Chapter 8 (commencing
with Section 19800) of Part 2 of Division 10, of the Welfare and
Institutions Code.
   (c) Any local agency making application for housing assistance
payments to the department shall, in its application, explain how
such housing assistance payments are part of its ongoing programs to
establish independent living for its disabled clientele. The
department, in reviewing such applications, may consult with the
Department of Developmental Disabilities, the Department of Mental
Health, and the Department of Rehabilitation.
   (d) In order to receive housing assistance payments for any
specific structure pursuant to the provisions of this section, the
local agency or nonprofit corporation shall not contract for rental
of more than 12 units, or for rental of space for more than 24
persons, in the structure. No individual shall remain in a payment
assisted unit for more than 18 months.



50689.5.  Housing and housing programs developed or assisted
pursuant to this chapter shall be consistent with the housing
element, as required by Section 65302 of the Government Code, of the
general plan of the jurisdiction in which the housing is proposed.