(a) A lease of real property held by the department for a home shall not exceed five years, unless one of the following apply:

(1) The lessee is a town, city, county, or city and county, or a political subdivision thereof, where the home is located.

Terms Used In California Military and Veterans Code 1023.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Veterans Affairs. See California Military and Veterans Code 1010
  • Home: means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. See California Military and Veterans Code 1010
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.

(2) The lessee is a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families.

(3) The contract for the lease with the department or the Director of General Services was executed before January 1, 2021.

(b) The department or the Director of General Services and a lessee may renegotiate the terms of the contract described in paragraph (3) of subdivision (a), except that any terms regarding the duration or renewal of the contract shall not be extended, unless those terms meet the requirements of this section.

(c) A lease contract with any other party may be granted for a term greater than five years only with the approval of the Legislature by statute.

(Added by Stats. 2020, Ch. 61, Sec. 3. (AB 240) Effective January 1, 2021.)

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