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California Civil Code Section 51.11

Legal Research Home > California Laws > Civil Code > California Civil Code Section 51.11

51.11.  (a) The Legislature finds and declares that this section is
essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54. A "disabling injury or illness" means an illness or injury which
results in a condition meeting the definition of disability set forth
in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year, after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under paragraph (3) if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing. The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer and zoned as a senior community by a local
governmental entity, or characterized as a senior community in its
governing documents, as these are defined in Section 1351, or
qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended. Any senior citizen housing
development which is required to obtain a public report under Section
11010 of the Business and Professions Code and which submits its
application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing
development under Section 11010.05 of the Business and Professions
Code.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any such limitation
shall not be more exclusive than to require that one person in
residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident, a permitted health
care resident, or a person under 55 years of age whose occupancy is
permitted under subdivision (g) of this section or subdivision (b) of
Section 51.12. That limitation may be less exclusive, but shall at
least require that the persons commencing any occupancy of a dwelling
unit include a senior citizen who intends to reside in the unit as
his or her primary residence on a permanent basis. The application of
the rules set forth in this subdivision regarding limitations on
occupancy may result in less than all of the dwellings being actually
occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident. This subdivision shall not apply to a
permitted health care resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within that definition, and
then became noncompliant with the definition as the result of any one
of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) This section shall only apply to the County of Riverside.



51.11.  (a) The Legislature finds and declares that this section is
essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54. A "disabling injury or illness" means an illness or injury which
results in a condition meeting the definition of disability set forth
in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year, after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under paragraph (3) if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing. The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer and zoned as a senior community by a local
governmental entity, or characterized as a senior community in its
governing documents, as these are defined in Section 4150, or
qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended. Any senior citizen housing
development which is required to obtain a public report under Section
11010 of the Business and Professions Code and which submits its
application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing
development under Section 11010.05 of the Business and Professions
Code.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any limitation
shall not be more exclusive than to require that one person in
residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident, a permitted health
care resident, or a person under 55 years of age whose occupancy is
permitted under subdivision (g) of this section or subdivision (b) of
Section 51.12. That limitation may be less exclusive, but shall at
least require that the persons commencing any occupancy of a dwelling
unit include a senior citizen who intends to reside in the unit as
his or her primary residence on a permanent basis. The application of
the rules set forth in this subdivision regarding limitations on
occupancy may result in less than all of the dwellings being actually
occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident. This subdivision shall not apply to a
permitted health care resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within that definition, and
then became noncompliant with the definition as the result of any one
of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) This section shall only apply to the County of Riverside.

Last modified: February 22, 2013