Part 4.5SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED

Section § 19902

Explanation

This law recognizes that when elderly and handicapped individuals share housing, they can reduce their living costs while meeting their housing needs effectively. The purpose is to encourage these shared living arrangements through this legislation.

The Legislature finds and declares that the elderly and the handicapped who live together in a shared housing arrangement benefit from this arrangement by having their housing needs met at reduced cost.
It is the intent of the Legislature to promote shared housing for the elderly and the handicapped by enacting this part.
shared housing elderly living arrangements handicapped housing reduced housing costs housing benefits legislative intent shared living benefits housing for elderly housing for handicapped cost-effective housing affordable housing solutions promoting shared housing housing needs housing arrangements living cost reduction
(Added by Stats. 1984, Ch. 1072, Sec. 1.)

Section § 19903

Explanation

This section defines key terms related to providing financial help for multifamily housing projects. "Assistance" refers to any financial support, including loans for building or purchasing housing, given by government bodies for projects involving multiple family housing units. "Dwelling" covers both owned and rented housing. The term "elderly" and "handicapped" are as defined in other sections. "Elderly or handicapped household" describes a group where at least one person is elderly or has a disability. "Public agency" covers various government bodies, including federal ones unless their rules clash with state or local laws.

As used in this part:
(a)CA Health and Safety Code § 19903(a)  “Assistance” means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency.
(b)CA Health and Safety Code § 19903(b)  “Dwelling” means all housing whether owned or rented.
(c)CA Health and Safety Code § 19903(c)  “Elderly” shall have the same meaning as is given that term by Section 50067.
(d)CA Health and Safety Code § 19903(d)  “Handicapped” shall have the same meaning as is given that term by Section 50072.
(e)CA Health and Safety Code § 19903(e)  “Elderly or handicapped household” means, two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person.
(f)CA Health and Safety Code § 19903(f)  “Public agency” means the state, any county, city, city and county, district, redevelopment agency, housing authority, or any other political subdivision of the state. “Public agency” includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law.
multifamily housing development financial assistance mortgage financing construction financing public agency elderly definition handicapped definition elderly household handicapped household state and federal agencies housing authority redevelopment agency political subdivision federal law conflict housing support programs
(Added by Stats. 1984, Ch. 1072, Sec. 1.)

Section § 19904

Explanation

This law allows elderly or disabled households to live in efficiency, studio, or one-bedroom units within housing developments owned or supported by public agencies, even if other rules might normally prevent it. However, these accommodations can be denied if they conflict with health and safety laws, if the household's income does not meet eligibility criteria, if the number of occupants exceeds limits for the unit type, or if they break laws or regulations for that housing program. These restrictions do not apply to any occupancy allowed under a specific section of the Civil Code.

(a)CA Health and Safety Code § 19904(a)  Notwithstanding any other provision of law, or any rule, regulation, condition, covenant, or restriction to the contrary, if a public agency owns and operates, or owns and causes to be operated, or provides assistance to, a housing development, and if a private owner or operator of a housing development receives assistance from a public agency, an elderly or handicapped household may qualify and live together in an efficiency, studio, or one bedroom unit of that housing development.
(b)Copy CA Health and Safety Code § 19904(b)
(1)Copy CA Health and Safety Code § 19904(b)(1)  The public agency, or private owner or operator of a housing development receiving assistance from a public agency, may prohibit residency as provided in subdivision (a) on any of the following grounds:
(A)CA Health and Safety Code § 19904(b)(1)(A)  If compliance with subdivision (a) would violate or be inconsistent with a federal or state law or regulation or local ordinance or regulation relating to health and safety.
(B)CA Health and Safety Code § 19904(b)(1)(B)  If the combined income of all persons in the elderly or handicapped household, considering all permitted deductions and adjustments, is not in the income category of a family of the same size that would be eligible for assisted rental housing, if and to the extent that income limitations or requirements exist.
(C)CA Health and Safety Code § 19904(b)(1)(C)  If the density of use of the dwelling unit would violate the requirements for efficiency, studio, or one bedroom units as prescribed by the Uniform Housing Code, or regulations promulgated by the Department of Housing and Community Development pursuant to Section 50152.7.
(D)CA Health and Safety Code § 19904(b)(1)(D)  Those persons otherwise violate the requirements imposed pursuant to state or federal law for the particular rental housing program for which they seek to qualify.
(2)CA Health and Safety Code § 19904(b)(2)  This subdivision does not apply to any residency, occupancy, or use of a dwelling that is permitted under Section 51.3 of the Civil Code.
elderly housing handicapped housing efficiency units studio apartments one-bedroom units public agency housing assistance income eligibility housing density requirements Uniform Housing Code health and safety regulations rental housing program compliance federal law restrictions state law restrictions local ordinance compliance Section 51.3 exemptions
(Amended by Stats. 1984, Ch. 1072, Sec. 1.5.)