SECTIONS 19902-19904 - California Statutes

HEALTH AND SAFETY CODE

SECTION 19902-19904

19902. 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.

19903. As used in this part:
(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) "Dwelling" means all housing whether owned or rented.
(c) "Elderly" shall have the same meaning as is given that term by
Section 50067.
(d) "Handicapped" shall have the same meaning as is given that
term by Section 50072.
(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) "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.

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) (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) 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) 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) 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) 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) 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.