(a)
Notwithstanding paragraph (1) of subdivision (b) of Section 1954.091, shelter program participants shall not have their continued occupancy in a motel, hotel, or shelter program constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:
(1)
The shelter program adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.
(2)
The shelter program establishes, adopts, and clearly documents rules governing how and for what reasons a shelter program participant’s
enrollment may be terminated and the shelter program operator discloses the termination policy to program participants in writing, in plain language, at the commencement of their occupancy.
(A)
Permissible reasons for termination shall include sexual assault, verbally or physically threatening behaviors that rise to the level of a “direct threat” to persons or property as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the California Code of Regulations, physical violence to staff, hotel guests, or other program participants, direct observation of participant engaging in illegal activity onsite, or time limits established by the shelter program.
(B)
Terminations for reasons not stated in subparagraph (A) and any operational policies negotiated prior to the commencement of the shelter program shall be approved by the shelter program administrator and
shared with their shelter program participants in a clearly labeled document.
(C)
The shelter program administrator shall endeavor to ensure terminations are performed by the shelter program operator in a trauma-informed manner utilizing a harm-reduction approach, and shall ensure that the termination policies and procedures of the hotel, motel, and shelter program, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.
(D)
The shelter program operator is exempt from providing a 30-day notice pursuant to subparagraph (A) of paragraph (3) if the shelter program participant has self-exited from the program.
(E)
If a shelter program participant will exit from the program due to time limits and the participant’s stay is extended for a
period of less than 30 days beyond the original termination date, the shelter program administrator or shelter program operator may issue an amended termination notice with an additional period of time equal to the number of days of the program extension.
(3)
The shelter program administrator establishes procedures regarding how a shelter program participant will be provided a written termination notice if a termination occurs and the shelter program operator discloses those procedures to shelter program participants in writing at the commencement of their occupancy.
(A)
The shelter program operator shall provide the termination notice to the participant at least 30 days prior to the proposed termination or, if the underlying cause for a proposed termination constitutes a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of
California Regulations, the shelter program operator may remove the participant from the premises immediately, provided that the operator advises the participant of their right to utilize the grievance process described in paragraph (5).
(B)
The termination notice shall contain a clear, plain-language statement of the reason for the termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in paragraph (5).
(C)
The established procedures developed regarding participant guideline violations shall include an escalation continuum that incorporates documented warnings and documented shelter program operator staff and participant problem solving methods prior to instituting terminations from the shelter
program.
(4)
The shelter program operator shall provide an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service for which the participant is eligible and the shelter program operator shall make a good faith, reasonable effort to facilitate an intake for that participant in an available bed or unit.
(A)
The shelter program operator shall document good faith, reasonable efforts and shall make that documentation available upon request.
(B)
The shelter program administrator, in cases where the grievance process is utilized, shall determine whether the shelter program operator’s efforts constitute a good faith effort to facilitate a participant into an alternative available shelter site or program.
(C)
(i)
The shelter program administrator shall make good faith efforts to provide reasonable transportation accommodations upon termination of a shelter program participant from a program or upon transfer of a shelter program participant to an alternative available bed or unit.
(ii)
In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants within 24 hours of their request.
(5)
The shelter program administrator shall establish a grievance process that complies with due process and the shelter program operator shall disclose the grievance
process to occupants in writing, in plain language, at the commencement of their occupancy.
(A)
The grievance process shall give shelter program participants a right to due process appeal through the shelter program administrator if the shelter program participant believes they were or are being wrongfully terminated from the program, and shall inform shelter program participants on how to access and initiate the grievance process.
(B)
(i)
Program participants shall be provided the opportunity to initiate the grievance process 30 days prior to their proposed termination date or at any point thereafter.
(ii)
In cases where participants are subject to immediate removal based on circumstances that present a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2
of the California Code of Regulations, participants shall be provided the opportunity to initiate the grievance process at the time of removal or at any point thereafter.
(C)
If, following the grievance process, the proposed termination is not carried out, any participant already removed shall be granted the right to resume their participation in the program. If the shelter program operator is unable to place the individual in the original site, the shelter program operator shall facilitate a placement for the individual in an alternative available motel, hotel, or shelter site.
(b)
Where a shelter program administrator is also the shelter program operator, the shelter program administrator is responsible for all of the duties described in subdivision (a).
(c)
For properties that are being converted from use as a
motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.
