Cal. Code Regs. tit. 25 § 7624

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 7624 - Resident's Handbook

Each contractor shall give the Resident a copy of the following Resident's Handbook for Migrant Housing Centers at the time of the execution of the lease. This Handbook shall be in English and the language spoken by a majority of applicants. The provisions of this Handbook are binding on all Residents, contractors, and the Department.

RESIDENT'S HANDBOOK FOR MIGRANT HOUSING CENTERS

Welcome to the Migrant Housing Center. This Handbook contains important information concerning the rights and responsibilities of residents and management of the migrant center. Please read it carefully and keep it with you while you are living at the center.

RENT

Rent shall be paid either monthly, bi-weekly, or weekly, depending on your agreement with the manager.

The department shall establish a schedule of rents from a statewide base for 1998 of seven dollars and fifty cents ($7.50) per day for a two-bedroom dwelling. An additional fifty cents ($.50) per day shall be charged for a three-bedroom unit, and an additional one dollar ($1.00) per day shall be charged for a four-bedroom or larger unit. In any year, any household which occupies more than one two-bedroom unit shall pay one dollar ($1.00) per day for the second unit.

The base rent shall be adjusted, if necessary, at the beginning of each state fiscal year to an amount calculated by the Department considering total statewide operating cost throughout the state and total state and other funds available for all centers and after an opportunity for resident comment. There may be additional mid-season adjustments in rent after 30 days written notice. The exact rules for rent adjustments are in the Office of Migrant Services Housing Center Regulations, sections 7650 and 7653.

SECURITY DEPOSIT

The security deposit will be no less than $100.00 and no more than $125.00. This deposit may only be used by management for unpaid rent, for any cost to clean the unit beyond normal wear and tear, and for the cost to repair damages beyond normal wear and tear caused by you or your guests. The security deposit may not be used for charges caused by normal wear and tear.

An additional security deposit of $25.00 is required for the first two electronic gate security cards issued to you, and for each additional card thereafter, if your center has an electronic security gate. In the event an electronic gate security card is lost or not returned, you will forfeit this deposit. An additional deposit will be required before a new electronic gate security card is issued to you. If an electronic gate security card is returned damaged, you must pay actual replacement cost of the gate card.

Management shall make arrangements with you to pay these deposits at a later time if you cannot afford to pay the full amount at the time you are admitted to the center.

The rules for getting back your deposit at the end of the residency are as follows:

If you give management at least three days notice that you are leaving, management shall return the deposit to you on the day you move out. If management keeps all or part of deposit, they must provide a written statement explaining why those amounts were withheld.

If you do not give management at least three days notice that you are leaving, management will make permissible deductions and send the deposit to your forwarding address within two weeks. If the management does not have a forwarding address, management will hold your deposit for six months. After six months your deposit is forfeited. If management must hold your deposit, it will not entitle you to preference for admission the next year.

UTILITIES

All utilities (excluding telephone service), are to be paid by management at no additional charge to you.

TRANSFER

If you are living in a housing unit which is too small for your family, according to the occupancy standards set forth in the Office of Migrant Services Housing Center Regulations, management may transfer your family to the next available appropriate unit, or may provide your family with an additional available housing unit.

In addition, if you are living in a unit which is too large for your family, management may require you to exchange units with a family which is living in a unit which is too small. If there is such an exchange, the family in the larger unit must receive at least seven (7) days written notice from management.

GUESTS

You may have guests (including overnight), but you must get permission from management if guests will be staying more than 3 days.

MANAGEMENT RIGHTS AND OBLIGATIONS

(a) All center personnel are answerable to management.

(b) Management is authorized to provide free housing and utilities to center personnel who received or who will receive said housing benefits as a condition of their employment.

(c) During the off-season management is authorized to enter into sublease agreements with federal, state, and local public entities for use of the common facilities. Such facilities shall be available for use by center residents during the on-season.

(d) Management is to keep the center in a decent, safe, and sanitary condition. Repairs are to be made promptly.

(e) Management shall repair and maintain all electrical, plumbing, sanitary, heating, ventilating, and cooling equipment, and appliances supplied by the Department in accordance with contractor's budget.

(f) Management and residents shall cooperate on all matters pertaining to energy conservation.

(g) Management is authorized to reduce or stop charging rent on housing units which develop major defects that make the unit a threat to the health or safety of the resident and his/her family. However, management shall repair the unit or move the residents to another unit as soon as possible.

(h) The Department shall provide funds to contractor for the purpose of relocating residents displaced as a result of rehabilitation activities of management. Replacement housing shall be provided without any additional cost to resident and his/her family.

RESIDENT'S RIGHTS AND OBLIGATIONS

You, as a resident, agree to:

(a) Use your residence only as a private dwelling unit for you and your family;

(b) Keep your yard in a clean and safe condition;

(c) Dispose of rubbish properly in a safe and sanitary manner;

(d) Keep your family or guests from damaging or removing the property of the Migrant Center;

(e) Pay for damages caused by those under your control, according to a schedule of maintenance and repair charges;

(f) Keep from disturbing the other residents;

(g) Keep no pets on the premises;

(h) Park vehicles only at areas designated for this purpose. Vehicles shall not be abandoned, repaired or maintained within the center; however, routine servicing is permitted if it does not involve toxic substances (including, but not limited to, oil and brake fluids or car batteries) or does not create a danger for the residents, and if it is consistent with local rules and regulations;

(i) Make no major additions or changes to your residence, its equipment, or furniture provided by management.

(j) Tell the management if you and your family will be away for more than three (3) days;

(k) Leave your residence clean and in good condition when you vacate the premises;

(l) Obey the rules and policies governing the Migrant Centers in existence when you moved in;

(m) Report damages and needed repairs to management. If management does not repair your unit in a reasonable time, the request should be submitted in writing. In the event management does not respond to your written request within a reasonable time, you may do such repairs up to two times each year, each time spending an amount equal to one (1) month's rent and deduct this amount from your rent payments;

(n) If there are major defects in the housing unit that make the unit a threat to your health or safety you may ask for immediate repairs or to be relocated to another unit. If management does not make repairs or relocate you, within a reasonable time, you may stop paying rent and pay only reasonable rental value for your unit.

(o) You must physically occupy your unit within seven days after being admitted to the center and must continue to physically occupy the unit until you leave the center. If you leave the unit vacant for more than seven days and there are other eligible families waiting for housing, management may lease your unit to another family. Management may, at their discretion, permit you to leave the unit vacant for a longer period of time.

(p) Comply with other rights and obligations agreed upon by management and the Resident Council and approved by the California Department of Housing and Community Development;

(q) You and your guests, upon advance notice to management, may use the common facilities of the Migrant Center for meetings or other lawful activities which do not interfere with other activities or the rights of other residents;

(r) You and your guests have a right to privacy;

(s) Management may not retaliate against you for any lawful action including exercising the rights given you under this handbook and/or the laws of the United States or the State of California.

RULES, REGULATIONS AND POLICIES

You and management both agree to follow the written rules, regulations, laws and policies governing the Migrant Centers. Local management rules and policies may be changed only if residents are given 30 days written notice of changes. The following rules and regulations are to be made available to you in English and in the language spoken by the majority of residents:

(a) Schedule of Rents;

(b) Schedule of Maintenance and Repair Charges;

(c) Occupancy and Eligibility Policies;

(d) Local Management Rules, Regulations and Policies;

(e) Grievance Procedures;

(f) Department of Housing and Community Development, Office of Migrant Services Regulations.

INSPECTION

When you move in, you must be provided with an inventory list detailing the condition of the unit and the equipment provided with the unit. The list is to be signed by both you and the management. If you disagree as to the conditions of the unit or its equipment, you should note this on the list before, or as soon after moving in as possible. Both you and the management are to keep a copy of this inventory. This list will help in determining how much of your security deposit will be returned to you.

ENTRY OF RESIDENCE DURING TENANCY

Management may enter only during reasonable hours with either your permission or that of an adult member of your family. If management reasonable suspects an emergency exists, such as a fire, management may enter at any time.

After giving 24 hours written notice, management may enter your units to inspect, repair, maintain, or show it to others interested in renting the unit after you leave. This notice is not required if you requested such entry.

You shall not unreasonably deny management permission to enter your unit.

TERMINATION OF LEASE

You may end your lease at any time. Rent is only paid for the period you actually occupied the housing unit. And unused rent shall be returned to you. If you give at least three (3) days notice of intent to vacate the center, management must, on the day you move out, return the unused rent to you. If you do not give at least three (3) days notice of intent to leave, management has two (2) weeks within which to send the unused rent to your forwarding address. In the event you do not give management a forwarding address, management shall hold your unused rent for six months and return it to you if you pick it up or provide a forwarding address within six months. After six months, the rent is forfeited. If management must hold your unused rent, it will not entitle you to preference in admission to the housing center the next year.

Management may require you to move out if you have seriously or repeatedly violated important terms of the lease agreement such as not paying rent; serious interference with the rights of other migrant residents; knowingly giving false statements of important facts to management concerning your eligibility for migrant housing; or for other good cause.

In order for management to begin termination of this lease, it must give you or an adult member of your household a written notice stating the reason(s) for termination and notifying you of your right to request a hearing as allowed under the grievance procedure.

If you have not paid your rent, management shall give you a seven (7) day notice to either pay the rent or move out. If your actions cause an immediate threat to the health and safety of the other residents, the management shall give you a reasonable time to move out, but not less than three (3) days.

In all other cases, 14 days notice shall be given to either comply with the terms of the lease or move out.

GRIEVANCE PROCEDURE

If you and management disagree as to the rights and obligations under the lease, including the right of management to terminate your lease, these disagreements will be settled through the complaint and grievance procedure in the regulations of the Office of Migrant Services. You may not use the grievance procedure if management terminates your lease because your actions cause an immediate threat to the health and safety of your neighbors.

Cal. Code Regs. Tit. 25, § 7624

1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Amendment of subsection entitled RENT filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections entitled RENT, SECURITY DEPOSITS and subsection (h) of RESIDENT'S RIGHTS AND RESPONSIBILITIES filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 8).
4. Editorial correction of RENT (Register 96, No. 37).
5. Amendments filed and operative 2-26-96 invalidated by Martinez v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS 01752 (December 19, 1996).
6. Amendment filed 3-27-97 as an emergency; operative 3-27-97 (Register 97, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-97 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 3-27-97 order by ooeration of Government Code section 11346.1(f) (Register 97, No. 31). Emergency amendment filed and operative 3-27-97 invalidated by Orejel v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS01752 (May 28, 1997).
8. Change without regulatory effect repealing amendments filed and operative 2-26-96 filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
9. Editorial correction amending section and HISTORY 7 and adding HISTORY 8 (Register 98, No. 12).
10. Amendment of RENT, SECURITY DEPOSIT AND RESIDENT'S RIGHTS AND OBLIGATIONS (h) filed 3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 12).

Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.

1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Amendment of subsection entitled RENT filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections entitled RENT, SECURITY DEPOSITS and subsection (h) of RESIDENT'S RIGHTS AND RESPONSIBILITIES filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 8).
4. Editorial correction of RENT (Register 96, No. 37).
5. Amendments filed and operative 2-26-96 invalidated by Martinez v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS 01752 (December 19, 1996).
6. Amendment filed 3-27-97 as an emergency; operative 3-27-97 (Register 97, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-97 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 3-27-97 order by ooeration of Government Code section 11346.1(f) (Register 97, No. 31). Emergency amendment filed and operative 3-27-97 invalidated by Orejel v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS01752 (May 28, 1997).
8. Change without regulatory effect repealing amendments filed and operative 2-26-96 filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
9. Editorial correction amending section and History 7 and adding History 8 (Register 98, No. 12).
10. Amendment of R en T, S ecurity Deposit and Resident ' s Rights and O bligations (h) filed 3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 12).