Section 7650 - Rent Schedule(a) The Department shall establish a schedule of rents, which shall govern the amount of rent paid by residents for occupancy of units in migrant housing centers.(b) The schedule of rents shall be established from a statewide base for the 1998 on-season of a rent rate of seven dollars and fifty cents per day for a two-bedroom dwelling.(c) If the Department determines that it is necessary, the Department shall establish a modified base rent for a two-bedroom dwelling unit, which may be as low as four dollars per day. The necessity to modify the base rent shall be determined based on factors which include, but are not limited to, the condition of the units; the funding level appropriated by the Legislature for the purposes of the Department; or the availability of other funds which subsidize the operation of the center. At the request of the Department, the contractor shall provide information necessary for this determination. Decreases in the base rent established pursuant to this subsection shall be rounded to the nearest twenty-five cents.(d)(1) In order to assess whether a rent adjustment is necessary for the subsequent fiscal year, the Department shall develop a Projected Operating Fiscal Need. The Projected Operating Fiscal Need shall be the difference between the Projected Operating Costs and the Projected Available Operating Funding for the subsequent fiscal year, each of which is determined as follows:(A) Total Projected Operating Costs for the subsequent fiscal year shall be determined as follows: (1) The current fiscal year operating budget, with modifications based on cost trends from the two prior fiscal years' actual operating costs, and further adjusted to account for increases or decreases in the total number of units projected to be available for the subsequent fiscal year;(2) The total amount of deferred rehabilitation and repairs anticipated to be funded during the subsequent fiscal year; and(3) The total amount estimated to be necessary for an emergency contingency fund, not to exceed 5 percent of the total amounts of subparagraphs (1) and (2).(B) Total Projected Available Operating Funding for the subsequent fiscal year shall be determined as follows:(1) The current fiscal year's State General Fund appropriation for operations;(2) The projected rent revenues and resources available at the end of the current fiscal year which were not allocated in a contract;(3) The projected rent revenue to be remitted to the Department during the subsequent fiscal year, based upon the current schedule of rents;(4) Any carry-over funds from Health and Safety Code Section 50710.1 reserves available at the beginning of the current fiscal year; and(5) Projected additional private, local, State and federal revenues available for the subsequent fiscal year.(2) If a Projected Operating Fiscal Need exists for the subsequent fiscal year, the Department shall seek funds from appropriate and available sources including, but not limited to, private, local, State and federal revenue sources. If the Department determines that sufficient funds will not be available from all revenue sources in the amount necessary to fully offset the Projected Operating Fiscal Need, the Department shall assess the need to keep all units open for the full duration of the on-season and thereafter may either adjust the schedule of rents in an amount equal to fully fund the Projected Operating Fiscal Need or in a lesser amount if any projected operating costs can be reduced by reducing any component of operating costs or the availability of units.(3)(A) The Department, through its Contractors, shall notify affected residents by written notice no less than 60 days prior to the effective day of the proposed schedule of rents. In addition, the Department shall instruct its Contractors to concurrently post the notice in a visible place at the migrant center. The residents and public shall have a 20-day comment period after the notice in which to respond to the new proposed schedule of rents. The notice shall inform the residents of their rights to inspect and copy records on file with the Department's Contractor which are related to the request throughout this 20-day comment period. Upon completion of the 20-day comment period without formal challenge, the Department shall cause a 30-day notice to be served on the affected residents of the effective date of the new schedule of rents; however, the new schedule of rents shall not become effective prior to the beginning of the subsequent fiscal year.(B) If the residents or residents' representative(s) file a notice with the Department opposing the proposed schedule of rents, the Department shall consider all opposing comments and make a formal determination to either adjust the proposed schedule of rents or accept the proposed schedule of rents. Thereafter, the Department shall cause a 30-day notice to be served on the affected residents of the effective date of the new schedule of rents and the amounts thereof.(4) In addition to the other provisions of this subdivision (d), and after 30 days' written notice, the Department may impose an additional rent rate adjustment increase or decrease during the fiscal year if the amount of the General Fund appropriation for operating costs in the final State Budget is significantly different than that provided in the determination of the Projected Operating Fiscal Need.(e) When establishing the 1998 on-season base rent, an additional fifty cents ($.50) per day shall be charged for a three-bedroom unit, and an additional one dollar ($1.00) per day shall be charged for a four-bedroom or larger unit. In any year, any household which occupies more than one two-bedroom unit shall pay one dollar ($1.00) per day for the second two-bedroom unit, in accordance with Section 7612 occupancy standards.Cal. Code Regs. Tit. 25, § 7650
1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections (b) and (c), amendment and redesignation of subsection (d) as (d)(1), new subsections (d)(1)(A)-(d)(5)(B) and amendment of subsection (e) filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 8).
4. Amendments filed and operative 2-26-96 invalidated by Martinez v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS 01752 (December 19, 1996).
5. Amendment filed 3-27-97 as an emergency; operative 3-27-97 (Register 97, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-97 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 3-27-97 order by operation of Government Code section 11346.1(f) (Register 97, No. 31). Emergency amendment filed and operative 3-27-97 invalidated by Orejel v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS01752 (May 28, 1997).
7. Change without regulatory effect repealing amendments filed and operative 2-26-96 filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
8. Editorial correction amending section and HISTORY 6 and adding HISTORY 7 (Register 98, No. 12).
9. Amendment filed 3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 12). Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.
1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections (b) and (c), amendment and redesignation of subsection (d) as (d)(1), new subsections (d)(1)(A)-(d)(5)(B) and amendment of subsection (e) filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 8).
4. Amendments filed and operative 2-26-96 invalidated by Martinez v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS 01752 (December 19, 1996).
5. Amendment filed 3-27-97 as an emergency; operative 3-27-97 (Register 97, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-97 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 3-27-97 order by operation of Government Code section 11346.1(f) (Register 97, No. 31). Emergency amendment filed and operative 3-27-97 invalidated by Orejel v. California Department of Housing and Community Development, Sacramento Superior Court No. 96CS01752 (May 28, 1997).
7. Change without regulatory effect repealing amendments filed and operative 2-26-96 filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
8. Editorial correction amending section and History 6 and adding History 7 (Register 98, No. 12).
9. Amendment filed 3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 12).