Cal. Code Regs. tit. 25 § 7341

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 7341 - Definitions

For the purposes of this Article, in addition to the definitions in Section 7301 and Section 8301, the following definitions shall apply:

(a) "Supportive Housing Unit" means a Unit of permanent housing linked to supportive services restricted to occupancy by an Eligible Household and which meets all of the following requirements:
(1) Occupancy is restricted to Eligible Households that are Homeless or At Risk of Homelessness and that include a Disabled Adult.
(2) It is operated as independent housing, in which each tenant:
(A) Holds a lease or rental agreement in his or her own name and is responsible for paying Rent;
(B) Has his or her own room or apartment and is individually responsible for arranging any shared tenancy, to the extent that shared tenancy is allowed under his or her lease; and
(C) May stay as long as he or she pays his or her share of Rent and complies with the terms of his or her lease.
(3) The Unit is subject to applicable state and federal landlord-tenant laws.
(4) The tenant's participation in services or any particular service shall not be required as a condition of tenancy.
(5) At initial occupancy, the tenant household income, to the extent that it can be documented, shall not exceed 30 percent of the greater of State Median Income or Area Median Income.
(b) "Homeless" means:
(1) Moving from an emergency shelter; or
(2) Moving from Transitional Housing; or
(3) Currently Homeless which means:
(A) An individual who lacks a fixed, regular, and adequate nighttime residence; or
(B) An individual who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and Transitional Housing for the mentally ill); or
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(c) "At Risk of Homelessness" means:
(1) Households with incomes at or below the greater of 20 percent of State Median Income (SMI) or Area Median Income (AMI) with no rental subsidy available to the household; or
(2) Households with incomes above 20 percent but not exceeding 30 percent of the greater of SMI or AMI who:
(A) Face immediate eviction and have been unable to identify a subsequent residence; or
(B) Face imminent release from an institution (i.e.; jail, hospital or foster care system) where other housing placement resources are not available; or
(C) Reside in an overcrowded setting (more than two persons per living/sleeping area) in which the household does not hold a lease; or
(D) Reside in substandard housing subject to a current official vacation notice; or
(E) Pay more than 50 percent of income in housing costs.
(d) "High Risk of Homelessness" means the same as "Homeless" or "At Risk of Homelessness."
(e) "Disabled Adult" for the purposes of this Article 6 only shall mean a person 18 years of age or older, or an emancipated minor, with one of the following disabilities:
(1) Mental illness;
(2) HIV or AIDS;
(3) Substance abuse;
(4) Developmental disability; or
(5) Long-term chronic health condition that qualifies them for:
(A) Eligibility under either of two Medicaid Waiver programs, the Multipurpose Senior Services Program (MSSP) or the Assisted Living Waiver Pilot Project (or its successor);
(B) Eligibility for 20 or more personal care hours per week under the In-Home Supportive Services Program (IHSS); or
(C) Eligibility for services under the Program of All Inclusive Care for the Elderly (PACE).

Eligibility for these programs must be established by the agency responsible for determining eligibility for the benefits it provides.

Cal. Code Regs. Tit. 25, § 7341

1. New section filed 4-14-2005; operative 5-14-2005 (Register 2005, No. 15).

Note: Authority cited: Sections 50406(n), 50675.1(c), 50675.11, 50675.14(c) and 53533(a)(3), Health and Safety Code. Reference: Sections 50675.14(b) and (c), 53260(d) and 53533(a)(3), Health and Safety Code.

1. New section filed 4-14-2005; operative 5-14-2005 (Register 2005, No. 15).