Section 12140 - Definitions(a) "Lawful, verifiable income" means income that is: (1) authorized or sanctioned by law, or not forbidden by law, and(2) reasonably able to be checked or demonstrated to be true or accurate.(b) Provided it meets the requirement of subsection 12140(a)(2), "lawful, verifiable income" includes: (1) Employment-related income, income from wages, interest payments and distributions from investments, payments from employers subsidizing housing, pensions, alimony, child support, payments from trust accounts, and any other payments recognized as "income" for federal or state tax purposes that are also lawful;(2) Payments from family members, guardians, conservators, representative payees or others legally empowered to make payments on a tenant's behalf, and insurance payments for long term health care which includes a housing benefit;(3) All federal, state, and local government assistance that is available for the payment of rent, including Social Security benefits; Supplemental Security Income; Social Security Disability Insurance; veterans benefits (including federal Veterans Benefits, Special Veterans Benefits (SVB), and California Veterans Cash Benefits (CVCG)); Cal-WORKS (TANF) benefits; Tribal Temporary Assistance for Needy Families (Tribal TANF); Cash Assistance Program for Immigrants (CAPI); Refugee Cash Assistance (RCA); General Assistance and General Relief pursuant to Welfare & Institutions Code Sections 17000-17000.5 et seq, and similar programs; rental assistance; and foster care benefits, including benefits for youth up to age 26;(4) All federal, state, and local government housing voucher and certificate programs, including federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f) (including special forms of Section 8 vouchers such as tenant protection vouchers, project based vouchers, and Section 811 mainstream vouchers), United States Department of Agriculture Section 521 rural housing vouchers, Housing Opportunities for People with AIDS (HOPWA) vouchers, tenant based rental assistance funded through the federal HOME program, Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, and other governmental voucher programs;(5) All federal, state, and local government housing subsidies that provide rental assistance to tenants and other individuals for rent, including Emergency Solutions Grants Program housing assistance; Supervised Independent Living Placement housing assistance for current or former foster youth; rapid re-housing or other similar assistance for homeless individuals; the federal Emergency Assistance Rental Program (ERAP) and similar programs; COVID-19 rent relief programs, state and local rental assistance programs, including programs identified in Health & Safety Code 50897.1, the California Rental Assistance Program, and similar programs; and(6) All housing subsidies, housing vouchers, and rental assistance from nonprofit and charitable organizations.(c) "Source of income" includes: (1) Lawful, verifiable income paid directly to a tenant.(2) Lawful, verifiable income paid to a representative of a tenant. A representative of a tenant is an individual or entity acting as the agent of the tenant for purposes of the tenant's obligation to pay rent. A housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.(3) Lawful, verifiable income paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies and rental assistance. Income paid "on behalf of" a tenant includes payments to owners or landlords by public housing authorities under Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f) and income identified in subsections 12140(b)(4)-(6). Income paid on behalf of a tenant includes third-party payments made in any form consistent with section 1947.3 of the Civil Code.Cal. Code Regs. Tit. 2, § 12140
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8, Government Code.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955, 12955.6 and 12955.8, Government Code.
1. New article 13 (sections 12140-12143) and section filed 11-19-2021; operative 1/1/2022 (Register 2021, No. 47).
2. Amendment of subsections (b)(3), (b)(5), (c) and (c)(3) filed 11-22-2023; operative 1/1/2024 (Register 2023, No. 47).