Housing

State Coverage: The summary of California requirements is based on the state Health and Safety Code (HSC), Division 13, Part 1, sections 17000 through 17062 (the Employee Housing Act), the state Code of Regulations (CCR), Title 25, Division 1, Chapter 1, sections 600 through 940, and the CCR, Title 24. Other California statutes and regulations not referenced may also apply to employee housing.

With some exceptions, the Employee Housing Act applies to two types of employee housing: (1) living quarters provided for five or more employees by the employer; and (2) housing accommodations or structures in specified rural areas provided for five or more agricultural workers employed on a temporary, seasonal, or permanent basis, not maintained in connection with any workplace.

Cal/OSHA Requirement: Section 3350 of Title 8 of the California Code of Regulations (CCR) requires every employer operating employee housing under the provisions of the Employee Housing Act to obtain a permit issued by the Department of Housing and Community Development or by any authorized local governmental agency. The employer must post or have available a valid and current permit.

Fees for Permits and Inspections: Permit Fees (Title 25, CCR § 637) - Every person applying for a permit exemption for employee housing on a dairy farm, or for a permit to operate employee housing, must pay fees to the enforcement agency for an exemption or a permit to operate in accordance with the following:

1. Fees for a permit to operate employee housing are:

a. Issuance fee of $35.

b. Permit to operate fee of $12 for each employee whom the operator intends to house, and $12 for each lot or site provided for parking of mobile homes or recreational vehicles by employees.

c. Amended permit fee of $20 for any transfer of ownership or possession.

d. Amended permit fee of $20 and fees as specified above for any increase in the number of employees to be housed and additional lots or sites provided for parking of mobile homes or recreational vehicles by employees.

2. Fees for an exemption are:

a. Issuance fee of $35.

b. An exemption fee of $12 for each permanent housing unit. 

c. Amended exemption fee of $20 for any transfer of ownership or possession.

d. Amended permit fee of $20 and fees as specified above for any increase in the number of permanent housing units.

Prohibitions: No person operating employee housing may terminate or modify a tenancy by increasing rent, decreasing services, threatening to bring or bringing an action to evict, refusing to renew a tenancy, or in any other way intimidating, threatening, restraining, coercing, blacklisting, or discharging an employee or tenant because of the tenant's exercise of any legal right under the Employee Housing Act. H & S Code §§ 17031.5 and 17031.7.

Federal Coverage: The summary of federal requirements is derived from regulations under the Occupational Safety and Health Act (OSHA) at Title 29, Code of Federal Regulations (CFR) Part 1910.142, and under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) at Title 29, CFR Part 500. Housing constructed after March 1980 is subject to those OSHA regulations. One who owns or controls housing constructed before April 1980 may elect to comply with either those OSHA regulations or with the standards issued by the Employment Training Administration at Title 29, CFR 654.404 et seq.; those standards are not summarized here.

The MSPA and regulations under it protect migrant and seasonal agricultural workers in their dealings with farm labor contractors (FLCs), agricultural employers and agricultural associations. However, it regulates only migrant (not seasonal) agricultural worker housing. The MSPA applies to housing even if only one migrant agricultural worker lives there.

Penalties: Penalties for violating the state Employee Housing Act are extremely harsh. Violators are subject to civil and criminal penalties, including fines and imprisonment. Depending on the circumstances, they range from a minimum civil penalty of $300 and, for a continuous repeat violation, go up to $6,000 per day. Criminal penalties range from $2,000 to $6,000 and imprisonment of up to 180 days, or both. Violators also must pay the other party's reasonable costs and attorney's fees. A repeat violator may even be ordered to be confined for up to one year in the employee housing at issue and to pay up to $2,000 for a guard to enforce and monitor the confinement! H & S Code §§17061-17061.9.

A civil fine of up to $1,000 may be imposed for each violation of the federal Migrant and Seasonal Agricultural Worker Protection Act's housing provisions. 29 USC §1853(a).