34070-34082
HEALTH AND SAFETY CODE
SECTION 34070-34082
34070. It is the intent of the Legislature to encourage the
provision of shelter to persons who are rendered homeless as the
result of a natural disaster at as low a cost as possible, to
encourage people to move from shelters to a self-supporting
environment as soon as possible, and to encourage the provision of
shelters at as low a cost and as quickly as possible without
compromising the health and safety of shelter occupants.
34071. "Eligible recipient" as used in this chapter means an agency
of local government or a nonprofit organization which is able to
provide or contract with recognized community organizations to
provide, emergency or temporary shelter for the homeless.
34072. The department shall accept applications for funding
pursuant to this chapter from local governmental agencies and
nonprofit organizations which are eligible recipients and which are,
at the time the application is made, prepared to provide emergency
shelter to persons who have been rendered homeless as the result of a
natural disaster.
34073. (a) Notwithstanding Section 50803.5, in the event of a
natural disaster, applications for funding from the Natural Disaster
Emergency Shelter Program shall be submitted directly to the
department. The department shall assume direct responsibility for the
review and evaluation of all applications, and shall be responsible
for determining applicant eligibility and the need for the proposed
activities.
(b) The initial notice of funding provided by the department for
funds shall be transmitted as soon as practicably possible, but in no
event later than 15 days after the statute providing that funding is
chaptered.
34074. (a) Funds awarded, as a result of a natural disaster, may be
used for any of the following:
(1) Rent vouchers which may be used within or outside the
jurisdiction for which they were issued.
(2) Temporary expansion of existing shelters.
(3) Creation of temporary shelters, equipment of buildings and
sites for use as emergency shelters; and the installation of food
preparation and serving facilities, if the department determines that
contracting for the provision of meals to the shelter residents, as
defined in division (b), is not reasonable and economically feasible.
(4) Operation of shelters.
(5) Administration of emergency shelter programs.
(b) Any eligible recipient awarded funding as a result of a
natural disaster shall be required to use the funds to provide
emergency shelter to persons who have been rendered homeless as a
result of the natural disaster. Recipients shall practice
nondiscrimination in the provision of the shelter and shall use the
funds to supplement, not supplant, other federal, state, and local
programs providing social services, health care, and housing
assistance, and to meet any other qualifications the department finds
necessary to carry out the intent of the Natural Disaster Emergency
Shelter Program.
34075. The limitations imposed by Section 50805 on the amounts that
the department may allocate for administrative or operating expenses
and the requirement that not less than 20 percent of the moneys in
the Emergency Housing and Assistance Fund shall be allocated to
nonurban counties shall not apply to the provisions of this chapter.
34076. The department shall establish the types of expenses which
are included within the meaning of operating and administrative
expenses for purposes of this chapter. These expenses shall include,
at a minimum all of the following:
(a) Operation expenses relating to supervising and counseling
clients in obtaining permanent shelter, job placement, and other
sources of support.
(b) Administrative expenses relating to telephone charges, office
space rent, salary and benefits for administrative staff personnel,
office supplies, photocopying and printing, and mail and accounting
services.
34077. (a) For the purposes of this section, "the act" means Title
IV of the Stewart B. McKinney Homeless Assistance Act, as approved on
July 22, 1987, cited as Public Law 100-77 and provided for in H.R.
558, and regulations promulgated thereunder by the United States
Department of Housing and Urban Development.
(b) Notwithstanding any other provision of law or any guideline
adopted pursuant to this chapter, an eligible recipient who receives
funds pursuant to this chapter, or who has an outstanding obligation
to provide shelter services as a result of previously receiving funds
under the act may charge rent for transitional housing not in excess
of the amount allowed by the act. However, any proceeds collected
from residents of a shelter pursuant to this subdivision shall be
maintained and accounted for in a separate account and shall be
utilized, to the extent necessary, to pay for any security deposit
imposed pursuant to Section 1950.5 of the Civil Code on any resident
leaving the shelter and renting a permanent dwelling.
(c) An eligible recipient who receives funds pursuant to this
chapter, or who has an outstanding obligation to provide shelter
services as a result of previously receiving funds pursuant to this
chapter, shall not deny shelter to any person or family because of
that person's or family's inability to pay rent or any portion
thereof.
34078. For the purpose of providing disaster relief to individuals
and families who have been rendered homeless as a result of a natural
disaster, the department shall establish a program of security
deposit grants and security deposit guarantees to enable local
nonprofit agencies and local government to assist homeless
individuals and families in the payment of residential rental
security deposits.
34078.5. The director shall develop guidelines for use by local
nonprofit agencies and local governments in determining whether a
homeless applicant qualifies for a security deposit grant or a
security deposit guarantee.
34079. Individuals who are eligible to participate in a deposit
guarantee or grant contract shall be limited to persons who have been
rendered homeless as a result of the natural disaster. First
priority for assistance shall be families with minor children.
34080. The parties to a deposit guarantee or grant contract shall
be the local agency or organization, the tenant, and the rental
property owner. The terms of the contract shall include all of the
following:
(a) The owner of the rental property shall agree to allow the
security deposit to be paid over a specified number of months as an
addition to the regular rental payment, rather than as a lump-sum
payment.
(b) Upon execution of the agreement, the local agency or
organization shall encumber or reserve in a special fund as a
guarantee of the contract, an amount equal to no less than 80 percent
of the outstanding balance of the security deposit owed by the
tenant to the landlord.
(c) The tenant shall agree to a payment schedule of a specified
number of months in which time the total amount of the required
deposit shall be paid to the property owner.
(d) At any time during the operation of the guarantee, the
property owner shall make all claims first against amounts of the
security deposit actually paid by the tenant and secondarily against
the guarantee. At no time during or after the tenancy may the
property owner make claims against the guarantee in excess of that
amount agreed to as the guarantee.
(e) If a deduction from the guarantee fund is required, it may be
accomplished only to the extent permitted by the contract and in the
manner provided by law, including notice to the local agency or
organization. The tenant shall have no direct use of guarantee funds,
including funds which may be referred to as "last month's rent."
The department shall make available to local agencies and
organizations receiving deposit guarantee or grant contracts forms
deemed necessary for the contracts and the determination of
eligibility. However, local agencies and organizations may develop
and use their own forms as long as the forms meet the requirements of
the deposit guarantee and grant program.
34081. A local agency or organization receiving a deposit guarantee
and grant contract may utilize up to 5 percent of the allocation for
costs of administering and operating its security deposit guarantee
and grant program.
34082. Individuals who are eligible to receive a security deposit
grant shall be limited to persons who have been rendered homeless as
a result of a natural disaster and whose income is insufficient to
participate in the security deposit guarantee contract.