Code Section Group

Health and Safety Code - HSC

DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54034]

  ( Division 31 repealed and added by Stats. 1977, Ch. 610. )

PART 14. Teacher Housing Act of 2016 [53570 - 53574]
  ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

53570.
  

This part may be cited as the Teacher Housing Act of 2016.

(Added by Stats. 2016, Ch. 732, Sec. 2. (SB 1413) Effective January 1, 2017.)

53571.
  

(a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and school district employees to allow teachers or school district employees to access and maintain housing stability.

(b) A program established under this part shall be restricted to “teacher or school district employees,” except that a school district may allow local public employees or other members of the public to occupy housing created through this part, subject to applicable laws and regulations.

(c) A school district shall retain the right to prioritize school district employees over local public employees or other members of the public to occupy housing.

(Amended by Stats. 2020, Ch. 199, Sec. 2. (AB 3308) Effective January 1, 2021.)

53572.
  

As used in this part:

(a) “Affordable rental housing” means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.

(b) “Local public employees” includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.

(c) “Teacher or school district employee” means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff.

(Amended by Stats. 2020, Ch. 199, Sec. 3. (AB 3308) Effective January 1, 2021.)

53573.
  

A school district may establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing. To the extent feasible, the school district may establish and implement programs that, among other things, do the following:

(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.

(b) Promote public and private partnerships.

(c) Foster innovative financing opportunities.

(Added by Stats. 2016, Ch. 732, Sec. 2. (SB 1413) Effective January 1, 2017.)

53574.
  

This part specifically creates a state policy supporting housing for teachers and school district employees, as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and school district employees on land owned by school districts, including permitting school districts and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts to teachers and school district employees of the school district that owns the land, so long as that housing does not violate any other applicable laws.

(Amended by Stats. 2020, Ch. 199, Sec. 4. (AB 3308) Effective January 1, 2021.)

HSCHealth and Safety Code - HSC