1954.08.
For the purposes of this chapter, the following definitions apply:(a) “Harm-reduction” means a set of strategies, policies, and practices aimed at mitigating the negative social and physical consequences associated with various human behaviors, including, but not limited to, substance use, and that do not rely on punitive measures to gain program compliance.
(b) “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.
(c) “Shelter program” means a city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter program in which the city, county, continuum of care, state, or federal governmental entity retains an oversight and accountability role in ensuring compliance with program regulations and proper program administration.
(d) “Shelter program administrator” means a city, county, or continuum of care entity that retains an oversight role in ensuring compliance with program regulations and proper program administration.
(e) “Shelter program operator” means a service provider agency that is contracting with a shelter program administrator to carry out the operations of the shelter program. A “shelter program operator” may include community-based service providers as well as public government agencies carrying out program operations.
(f) “Shelter program participant” means an occupant of a motel, hotel, or other shelter site whose occupancy is solely due to their participation in a shelter program.
(g) “Trauma-informed” means a
set of practices that promote safety, empowerment, and healing in recognition that program participants may have experienced trauma that informs their experiences and responses.
1954.09.
(a) Notwithstanding paragraph (1) of subdivision (b) of Section 1954.091, shelter program participants shall not have their continued occupancy in a motel, hotel, or shelter program constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:(1) The shelter program adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.
(2) The shelter program establishes,
adopts, and clearly documents rules governing how and for what reasons a shelter program participant’s enrollment may be terminated and the shelter program operator discloses the termination policy to program participants in writing, in plain language, at the commencement of their occupancy.
(A) Permissible reasons for termination shall include sexual assault, verbally or physically threatening behaviors, which rise to the level of a “direct threat” to persons or property, 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 onsite, or time limits established by the shelter program.
(B) Terminations for reasons not stated in subparagraph (A) and any operational policies negotiated prior to the commencement of the shelter program shall be approved by the
shelter program administrator and shared with their shelter program participants in a clearly labeled document.
(C) The shelter program administrator shall endeavor to ensure terminations are performed by the shelter program operator in a trauma-informed manner utilizing a harm-reduction approach, and shall ensure that the termination policies and procedures of the hotel, motel, and shelter program, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.
(3) The shelter program administrator establishes procedures regarding how a shelter program participant will be provided a written termination notice if a termination occurs and the shelter program operator discloses
those procedures to shelter program participants in writing at the commencement of their occupancy.
(A) The shelter program operator shall provide the termination notice to the participant at least 30 days prior to the proposed termination or, if the underlying cause for a proposed termination constitutes a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, the shelter program operator may remove the participant from the premises immediately, provided that the operator advises the participant of their right to utilize the grievance process described in paragraph (5).
(B) The termination notice
shall contain a clear, plain-language statement of the reason for the 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).
(C) The established procedures developed regarding participant guideline violations shall include an escalation continuum that incorporates documented warnings and documented shelter program operator staff and participant problem solving methods prior to instituting terminations from the shelter program.
(4) The shelter program operator shall provide an exit plan upon termination of a shelter program participant that includes referrals to any available
local shelter service for which the participant is eligible and the shelter program operator shall make a good faith, reasonable effort to facilitate an intake for that participant in an available bed or unit.
(A) The shelter program operator shall document good faith, reasonable efforts and shall make that documentation available upon request.
(B) The shelter program administrator, in cases where the grievance process is utilized, shall determine whether the shelter program operator’s efforts constitute a good faith effort to facilitate a participant into an alternative available shelter site or program.
(C) (i) The shelter program administrator shall make good faith efforts to provide
reasonable transportation accommodations upon termination of a shelter program participant from a program or upon transfer of a shelter program participant to an alternative available bed or unit.
(ii) 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 within 24 hours of their request.
(5) The shelter program administrator shall establish a grievance process that complies with due
process and the shelter program operator shall disclose the grievance process to occupants in writing, in plain language, at the commencement of their occupancy.
(A) The grievance process shall give shelter program participants a right to due process appeal through the shelter program administrator if the shelter program participant believes they were or are being wrongfully terminated from the program, and shall inform shelter program participants on how to access and initiate the grievance process.
(B) (i) Program participants shall be provided the opportunity to initiate the grievance process 30 days prior to their proposed termination date or at any point thereafter.
(ii) In cases
where participants are subject to immediate removal based on circumstances that present a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, participants shall be provided the opportunity to initiate the grievance process at the time of removal or at any point thereafter.
(C) If, following the grievance process, the proposed termination is not carried out, any participant already removed shall be granted the right to resume their participation in the program. If the shelter program operator is unable to place the individual in the original site, the shelter program operator shall facilitate a placement for the individual in an alternative available motel, hotel, or shelter site.
(b) Where a shelter
program administrator is also the shelter program operator, the shelter program administrator is responsible for all of the duties described in subdivision (a).
(c) 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.
1954.091.
(a) 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 chapter 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), a shelter program participant of
a shelter program that complies with the requirements described in Section 1954.09 shall be entitled to all of the following:
(A) A shelter program participant’s continued occupancy in a motel or hotel does not constitute a new tenancy.
(B) A shelter program participant shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure.
(C) Receipt of a written termination policy.
(D) Disclosure of a termination notice procedure.
(E) Thirty days’ notice prior to termination, except as described in Section 1954.09.
(F) Right to appeal termination pursuant to the grievance policy required by Section 1954.09.
1954.092.
(a) 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 participant’s occupancy in the motel or hotel beyond a 30-day period.(b) A hotel or motel shall not do either of the following:
(1) (A) 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, 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.
(B) This paragraph sets minimum standards for shelter program terminations and shall not be construed to restrict shelter program operating standards that confer greater rights to participants with regard to shelter program terminations.
(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 for the purposes of preventing an occupant from establishing rights of tenancy.