California Government Code 12788 – (a) On and after January 1, 2020, any housing funded pursuant to …
(a) On and after January 1, 2020, any housing funded pursuant to this chapter shall not be rented, sold, or subleased to an agricultural employer, as defined in § 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in § 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in § 50205 of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable. A person or entity who receives funds made available pursuant to this chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing that is rented, sold, or subleased to an agricultural employer, as defined in § 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in § 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in § 50205 of the Health and Safety Code, shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of § 50205 of the Health and Safety Code. A person or entity who receives funds made available pursuant to this chapter on or 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:
(1) (A) The person or entity is not an agricultural employer, as defined in § 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in § 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in § 50205 of the Health and Safety Code.
Terms Used In California Government Code 12788
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(B) The person or entity will not rent, sell, or sublease any housing funded pursuant to this chapter to an agricultural employer, as defined in § 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in § 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in § 50205 of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable.
(2) The declaration described in paragraph (1) may 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.
(b) This section shall not apply to any contract entered into or any financial assistance provided pursuant to this chapter prior to January 1, 2020.
(Amended by Stats. 2020, Ch. 264, Sec. 5. (AB 107) Effective September 29, 2020.)