(a) State-owned housing units consist of: houses, apartments, dormitories, mobile homes, trailers, mobile home pads and trailer spaces. The Department shall be the final authority for determining the monthly rental and utility rates for all state-owned housing. However, the Department may delegate the rate setting authority to appointing powers that possess state-owned housing units.
(b) The Department may review and adjust the monthly rate of any state-owned housing unit when there is evidence presented that the prescribed monthly rate is inequitable.
(c) At the direction of the Department, and pursuant to its delegation of such statutory authority, the appointing powers shall review the monthly rental and utility rates every year and report the rates to the Department.
(d) When essential housing is substandard, the appointing power may reduce the rental rate.
(1) Housing is essential if an employee is required to live in the unit for the protection of state property or a closely related purpose.
(2) Essential housing is substandard when at least one of the following conditions exists:
(A) Privacy: the normal household routine is repeatedly interrupted.
(B) Reliability and adequacy of utility service: light, heat and/or water are not available in sufficient quantities throughout the year to permit a normal household routine.
(C) Overall size: residence is inadequate for or far exceeds employee's needs.
(D) Disturbing noises or offensive odors: the normal household routine is repeatedly interrupted.
(E) Overall design: inconvenient arrangement of living quarters.
(F) Seasonal inaccessibility: the employee may leave the premises only if willing to travel under dangerous conditions during a typical season.
(G) Extreme isolation: the residence is located at least 50 miles or one hour travel time from the nearest community of at least 2,500 population.
(e) Monthly space rental for a privately-owned trailer or mobile home shall be at least $12 per month.
(f) Notwithstanding the other provisions of this section, the monthly charge for a housing unit shall be at least $20. This does not apply to dormitory accommodations.
(g) If utilities are not purchased directly by the employee, utility charges will be added to the monthly rental rate.
Credits
Note: Authority cited: Sections 3539.5, 18502 and 19815.4(d), Government Code. Reference: Section 19822, Government Code.
1. Amendment filed 11-5-87; operative 11-5-87 (Register 87, No. 46).
2. Amendment filed by the Department of Personnel Administration with the Secretary of State on 12-7-88; operative 12-7-88. Submitted to OAL for printing only pursuant to Government Code Section 11343.8 (Register 89, No. 4).
3. Editorial correction of subsection (a) (Register 95, No. 37).
4. Change without regulatory effect amending section heading, section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 599.644, 2 CA ADC § 599.644
