The following definitions shall apply to this subchapter:
"Alien" means any person not a citizen or national of the United States.
"Applicant" means any person applying to the Department for a public benefit, or any person seeking to renew or extend an existing public benefit pursuant to any re-certification process.
"Assisted rental unit" means a unit designated as an assisted unit in a regulatory agreement or the management plan for a construction or rehabilitation multifamily project financed, in whole or in part through funding provided by a program identified in Section 6935.2.
"Department" means the California Department of Housing and Community Development.
"Head of Household" means the adult member of the household who is the head of the household for the purposes of determining income eligibility or rent.
"INA" means the Immigration and Nationality Act (8 U.S.C. § 1101et seq.).
"INS" means the United States Immigration and Naturalization Service.
"Nonimmigrant" means the same as in Section 101(a)(15) of the INA (8 U.S.C. § 1101(a)(15)).
"Nonprofit charitable organization", for purposes of this subchapter, shall mean an organization as specified in Section 432 of PRAWORA, as amended by Public Law No. 104-208 (8 U.S.C. § 1642(d)) which shall include, but not necessarily be limited to, organizations which have received a tax exemption from the Internal Revenue Service pursuant to Internal Revenue Code section 501(c)(3). "Nonprofit charitable organization" does not include general or limited partnerships which have a nonprofit charitable organization as a general partner unless the partnership entity itself is both non-profit and charitable. An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization, its members or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously-affiliated organizations and educational organizations.
"PRAWORA" means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (Pub. L. No. 104-193, 8 U.S.C. § 1621).
"Public Benefit" means any of the following:
(1) Any kind of rental assistance provided to a household through any program listed in section 6935.2, including but not limited to subsidized rents; tenant-based rental assistance; and rent vouchers;(2) The right to occupy an assisted unit;(3) Any loan or grant provided to a homeowner or shareholder in a cooperative through any program listed in section 6935.2."Qualified Alien" means an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) of the PRAWORA (8 U.S.C. § 1641(b)), any of the following:
(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. § 1101et seq.);(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. § 1158);(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. § 1157);(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)) for a period of at least one year;(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. § 1253(h)) as in effect immediately before the effective date of section 307of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. § 1251(b)(3)) (as amended by Section 305(a)of Public Law 104-208);(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. (See editorial note under 8 U.S.C. § 1101, "Effective Date of 1980 Amendment."); or(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. § 1522 note));(8) An alien who, under Section 431(c)(1) of the PRAWORA (8 U.S.C. § 1641(c)(1)), meets all of the conditions of subparagraphs (A), (B), (C), and (D) below: (A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty;(B) In the opinion of the department there is substantial connection between such battery and cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided: (i) The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.(ii) The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.(iii) The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.(v) The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:(i) status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C. § 1154(a)(1)(A)(ii), (iii) or (iv));(iv) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA ( 8 U.S.C. § 154(a)(1)(B)(ii) or (iii));(v) suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA (8 U.S.C. § 1254)(a)(3)), as in effect prior to April 1, 1997, [Pub.L. 104-208, se. 501 (effective Sept. 30, 1996 pursuant to sec. 304); Pub.L. 105-33, sec. 81 (effective pursuant to sec. 5582)] (codified as "cancellation of removal under section 240A of such Act [8 U.S.C. § 1229b] as in effect prior to April 1, 1997);(vi) status as a spouse or child of a United States citizen pursuant to clause (I) of Section 204(a)(1)(A) of the INA (8 U.S.C. § 1154(a)(1)(A)) or classification pursuant to clause (I) of Section 204(a)(1)(B) of the INA (8 U.S.C. § 1154(a)(1)(B));(vii) cancellation of removal pursuant to Section 240(b)(2)(A) of the INA (8 U.S.C. § 1229(b)(2)).(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below: (A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty.(B) The alien did not actively participate in such battery or cruelty;(C) In the opinion of the department, there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:(i) The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.(ii) The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.(iii) The benefits are needed due to a loss of financial support resulting from the alien child's separation from the abuser.(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.(v) The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.(D) The alien meets the requirements of subsection (c)(8)(C) above;(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below: (A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.(B) In the opinion of the department there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided: (i) The benefits are needed to enable the alien child's parent to become self-sufficient following the separation from the abuser.(ii) The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.(iii) The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.(v) The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.(C) The alien child meets the requirements of subsection (c)(8)(C) above."Regulatory agreement" means an agreement governing the maintenance, use and occupancy of specific units, or a specified number of units, in a rental housing development and which has been or will be entered into between a sponsor and the department as a condition of receiving assistance from any of the programs listed in section 6935.2 above.
"Rental Assistance" means any form of cash, voucher, or promise to provide the payment of rent, in whole or in part, to or on behalf of an individual, household, or family eligibility unit.
"Sponsor" or "Project Sponsor" means the person or entity, including governmental entities, which has been funded by the Department in order to facilitate a public benefit to individuals or households. Depending on the program, the project sponsor may be a grantee of, or a borrower of, funds administered by the Department. "Sponsor" or "Project Sponsor" also means the person or entity designated in a currently effective regulatory agreement as the "borrower". For the purposes of this Subchapter the term "sponsor" does not include a nonprofit charitable organization, as defined above. (Section 432 of the PRAWORA, as amended by Pub. L. 104-208 (8 U.S.C. § 1642(d)), exempts nonprofit charitable organizations from the obligation to verify eligibility.)
"Unqualified Alien" means an alien who is not a qualified alien.
Cal. Code Regs. Tit. 25, § 6935.4
1. New section filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37). Note: Authority cited: Sections 50402, 50406, 50406(h) and (n), 50662, 50668.5(g), 50697(d), 50710, 50771.1, 50786(a), 50801.5, 50806.5, 50884, 50895 and 50896.3(b), Health and Safety Code; and 24 CFR 570.489(b). Reference: (Pub. L. 104-193 (PRAWORA)), 8 U.S.C. §§ 1601, 1621, 1641(b) and 1642 (62 Fed.Reg. 61345 et. Seq. (Nov. 17, 1997).)
1. New section filed 9-9-98; operative 9-9-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 37).