Special Housing Program for Migratory Workers
Cal. HSC § 50715
California Statutes
(
a) Housing operated pursuant to this
chapter may be used for the purposes set forth in
Chapter 11.5 (commencing with
Section 50800), provided that no funds appropriated for the purposes of this
chapter shall be used for the operation or administration of this housing as emergency shelter pursuant to
Chapter 11.5, and provided further that this housing may be made available as emergency shelter pursuant to
Chapter 11.5 only during the months of November to March, inclusive. (b)
(1) Notwithstanding any other provision of this chapter, except as provided in paragraph (2), housing operated pursuant to this
chapter shall not include any housing that is rented, sold, or subleased to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker as defined in 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable. The department or a city, county, or other local agency shall not enter into any contract pursuant to
Section or 50712, respectively, or provide any financial assistance under this
chapter on or after January 1, 2020. A person or entity who receives financial assistance under this
chapter on or after January 1, 2020, and expends any of those funds for any housing that is rented, sold, or subleased to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable, shall reimburse the department as provided in paragraph (2) of subdivision (
b) of
Section 50205.
(2) This subdivision shall not apply to any contract entered into or any financial assistance provided pursuant to this
chapter prior to January 1, 2020.
(3) A person or entity who receives funds under this
chapter on and after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing shall submit a declaration to the department declaring the following: (A) (
i) The person or entity is not an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section 50205. (ii) The person or entity will not rent, sell, or sublease any housing funded pursuant to this
chapter to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable. (
B) The declaration described in subparagraph (
A) can be met through the inclusion in a regulatory agreement, contract, or affordability covenant, as applicable, with the department that is signed by the person or entity receiving funds pursuant to this chapter.