Amended IN Assembly April 18, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1991Introduced by Assembly Member GabrielFebruary 10, 2022An act to add Chapter 2.4 (commencing with Section 1954.08) to Title 5 of Part 4 of Division 3 of the Civil Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTAB 1991, as amended, Gabriel. Motels and hotels: publicly funded shelter programs.Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met.This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a person who hires for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define shelter program participant as an occupant of a motel or hotel, as defined, who participates in a specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. programs.Existing law prohibits a person from requiring an occupant of a residential hotel, as defined, to move or check out and reregister before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status, as described.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would prohibit specified provisions of the California Building Standards Code from causing a motel or hotel to be designated as nontransient solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period, or from being interpreted to restrict the duration of occupancy for shelter program participants.This bill would prohibit a hotel or motel from adopting termination policies policies, restricting access rights, or imposing charges or fees specifically for shelter program participants that do not apply to other occupants, and would also prohibit a motel or hotel from requiring those shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program, unless their continued occupancy constitutes a clear and imminent threat, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 2.4 (commencing with Section 1954.08) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2.4. Occupancy in Interim Homelessness Programs1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
Amended IN Assembly April 18, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1991Introduced by Assembly Member GabrielFebruary 10, 2022An act to add Chapter 2.4 (commencing with Section 1954.08) to Title 5 of Part 4 of Division 3 of the Civil Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTAB 1991, as amended, Gabriel. Motels and hotels: publicly funded shelter programs.Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met.This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a person who hires for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define shelter program participant as an occupant of a motel or hotel, as defined, who participates in a specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. programs.Existing law prohibits a person from requiring an occupant of a residential hotel, as defined, to move or check out and reregister before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status, as described.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would prohibit specified provisions of the California Building Standards Code from causing a motel or hotel to be designated as nontransient solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period, or from being interpreted to restrict the duration of occupancy for shelter program participants.This bill would prohibit a hotel or motel from adopting termination policies policies, restricting access rights, or imposing charges or fees specifically for shelter program participants that do not apply to other occupants, and would also prohibit a motel or hotel from requiring those shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program, unless their continued occupancy constitutes a clear and imminent threat, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 18, 2022 Amended IN Assembly March 10, 2022
Amended IN Assembly April 18, 2022
Amended IN Assembly March 10, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1991
Introduced by Assembly Member GabrielFebruary 10, 2022
Introduced by Assembly Member Gabriel
February 10, 2022
An act to add Chapter 2.4 (commencing with Section 1954.08) to Title 5 of Part 4 of Division 3 of the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1991, as amended, Gabriel. Motels and hotels: publicly funded shelter programs.
Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met.This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a person who hires for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define shelter program participant as an occupant of a motel or hotel, as defined, who participates in a specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. programs.Existing law prohibits a person from requiring an occupant of a residential hotel, as defined, to move or check out and reregister before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status, as described.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would prohibit specified provisions of the California Building Standards Code from causing a motel or hotel to be designated as nontransient solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period, or from being interpreted to restrict the duration of occupancy for shelter program participants.This bill would prohibit a hotel or motel from adopting termination policies policies, restricting access rights, or imposing charges or fees specifically for shelter program participants that do not apply to other occupants, and would also prohibit a motel or hotel from requiring those shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program, unless their continued occupancy constitutes a clear and imminent threat, as specified.
Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met.
This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a person who hires for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define shelter program participant as an occupant of a motel or hotel, as defined, who participates in a specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. programs.
Existing law prohibits a person from requiring an occupant of a residential hotel, as defined, to move or check out and reregister before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status, as described.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.
This bill would prohibit specified provisions of the California Building Standards Code from causing a motel or hotel to be designated as nontransient solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period, or from being interpreted to restrict the duration of occupancy for shelter program participants.
This bill would prohibit a hotel or motel from adopting termination policies policies, restricting access rights, or imposing charges or fees specifically for shelter program participants that do not apply to other occupants, and would also prohibit a motel or hotel from requiring those shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program, unless their continued occupancy constitutes a clear and imminent threat, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 2.4 (commencing with Section 1954.08) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2.4. Occupancy in Interim Homelessness Programs1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 2.4 (commencing with Section 1954.08) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2.4. Occupancy in Interim Homelessness Programs1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
SECTION 1. Chapter 2.4 (commencing with Section 1954.08) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:
### SECTION 1.
CHAPTER 2.4. Occupancy in Interim Homelessness Programs1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
CHAPTER 2.4. Occupancy in Interim Homelessness Programs1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
CHAPTER 2.4. Occupancy in Interim Homelessness Programs
CHAPTER 2.4. Occupancy in Interim Homelessness Programs
1954.08. For the purposes of this chapter, the following definitions apply:(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:(1) Facilities for the safeguarding of personal property pursuant to Section 1860.(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.(3) Maid, mail, and room services.(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.
1954.08. For the purposes of this chapter, the following definitions apply:
(a) Motel or hotel means a dwelling unit, as defined by subdivision (c) of Section 1940, that an innkeeper retains a right of access to and control of, and that provides or offers all of the following services to all of the residents:
(1) Facilities for the safeguarding of personal property pursuant to Section 1860.
(2) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.
(3) Maid, mail, and room services.
(b) Shelter program means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program. program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight role in ensuring compliance with program regulations and proper program administration.
(c) Shelter program participant means an occupant of a motel or a hotel whose occupancy is solely due to their participation in a shelter program.
1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.(c) A hotel or motel shall not do either of the following:(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.
1954.09. (a) (1) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, solely as a result of a shelter program participants occupancy in the motel or hotel beyond a 30 day 30-day period.
(2) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of Regulations, shall not be interpreted to restrict the duration of occupancy for shelter program participants.
(b) (1) This section shall not be interpreted to either confer or deny any tenant rights or protections for persons who hire pursuant to Section 1940, or any rights that the tenant may otherwise be entitled to under any applicable federal, state, or local law.
(2) Notwithstanding paragraph (1), shelter program participants shall not have their continued occupancy in a motel or hotel constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940, 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:
(A) Adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.
(B) Established, adopted, and clearly documented rules governing how and for what reasons a shelter program participants enrollment may be terminated. terminated, which are disclosed to program participants in writing, in plain language, at the commencement of their occupancy.
(i) Reasons Permissible reasons for termination shall include possession of weapons, sexual misconduct or assault, behaviors that are a danger to others, verbally or physically threatening behaviors, which rise to the level of a direct threat, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff or other program participants, direct observation of participant engaging in illegal activity on site, onsite, time limits established by the shelter program, or violations of hotel and motel policies.
(ii) Terminations for reasons not stated in clause (i), or terminations for reasons not stated in the motel or hotel policies, shall be approved by the city, county, or continuum of care entity that is administering the shelter program and shared with their shelter program participants in a clearly labeled document.
(iii) The city, county, or continuum of care entity that is administering the shelter program shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm reduction approach, and shall ensure that the termination policies and procedures of the hotel or motel, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.
(C) Established procedures that are disclosed to occupants in writing at the commencement of their occupancy regarding how a shelter program participant will be provided a written termination notice if a termination occurs. The
(1) The termination notice shall contain a clear clear, plain-language statement of the reason for the termination. termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in subparagraph (E).
(2) The established procedures developed regarding participant guideline violations shall include an escalation continuum incorporating warnings and staff and participant problem solving methods prior to instituting terminations from the shelter program.
(D) Provides an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service. In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants upon within 24 hours of their request.
(E) Established a grievance process that complies with due process, which is disclosed to occupants in writing, in plain language, at the commencement of their occupancy, that gives shelter program participants a right to due process appeal through the administrator of the shelter program if the shelter program participant believes they were or are being wrongfully terminated from the program, and informed shelter program participants on how to access and initiate the grievance process.
(3) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.
(c) A hotel or motel shall not do either of the following:
(1) Adopt termination policies specifically for motel or hotel occupants who are shelter program participants that do not apply to other motel or hotel occupants who are not participating in a shelter program. program, impose restrictions on the ability of program participants to freely enter or exit the property or access certain areas or amenities of the property that do not apply to other motel or hotel occupants, or levy charges and fees, including fees for room card replacements, that do not apply to other motel or hotel occupants.
(2) Require shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter program unless their continued occupancy of the unit of the motel or hotel constitutes a clear and imminent threat to health and safety of the occupant.