sr-060810-10a (2)__
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JUN 0 8 2010 ~~OEtYEp
O~r"i°ICE OF 7HE
.:ft_Y Gi~.~K
CITY OF SANTA MONICA
RENT CONTROL BOARD MEMORANDttI~OjOHAY 28 P~Jj2: t~(
SANT,.A;l~4NlG~. CA1tF.
DATE: May 28, 2010
TO: Santa Monica City Council Members /
~ {~ . C
FROM: Tracy Condon, Rent Control Board Administrator 4 ~
RE: Recommended Charter Changes from the Rent Control Board
At their May 27`h meeting, the Rent Control Board moved to recommend that the City
Council place two modifications to the Rent Control Charter Amendment on the
November 2010 ballot. The modifications, as set forth in sections 1 and 3 of the attached
staff report, include changes to Section 1806 (the eviction section) so that: 1) tenants
would receive a warning to cure conduct before it results in grounds for eviction and 2)
certain seniors and terminally ill tenants would be exempt from evictions for owner-
occupancy. Though there is discussion in the staff report for providing this protection to
persons with disabilities, the Board acknowledged the complexity of defining this class,
especially in light of the short time available for placing charter amendments on the
November 2010 ballot.
The Rent Control Board also asks that the City Council consider extending the. just-
cause eviction protections that apply to tenants living in controlled rental units to all
tenants in multi-unit residential properties. This concept is described in section 2 of the
report.. During the discussion last night, the Board recommended also extending the
warning to cure provision mentioned above to teriants in non-controlled units.
Finally, the Rent Control Board asks that the City Council consider whether increases
in relocation benefits are warranted and that it expand the class of recipients eligible for
these benefits to include tenants of non-controlled units.
Board General Counsel Michaelyn Jones and I are available to meet with city staff to
discuss these recommendations and to assist in the drafting of proposed language for
the Charter Amendments. If the City Council would like a formal .presentation of these
recommendations, Board members would be happy to address the City Council on these
matters.
Thank you for your consideration.
Attachment
cc: Santa Monica Rent Control Board Commissioners
Rod Gould, City Manager
Marsha Moutrie, City Attorney
Maria Stewart, City Clerk /
JuN o s 2oio
SANTA MONICA RENT CONTROL BOARD
STAFF REPORT
DATE: May 24, 2010
TO: Commissioners.
FROM: Michaelyn Jones, General Counsel
RE: Broadening the Scope of Tenant Protections
Introduction
The Boazd, on Commissioner Kennedy's motion, raised the broad issue of affording
greater tenant protectionsin the City Santa Moivca. The main concerns center around
four general categories of tenants.. What follows is a description of the issues and the
suggested remedies. If the Board finds that. any or all of these remedies warrant. further
development, we can send the applicable recommendationsto the City Council and I will
assist the City Attorney's Office with refinement of the issues, including the provision of
any supporting data contained in the Agency files, and assistance in drafting the concepts
info Iaw that. fall within the rent control charter.
Discussion
I. blaming to tenant to cure conduct before it results in ~roLmds for eviction.
There is a relatively recent appellate case out of the City of Oakland where the city
successfully defended agairist a challenge. of their local law protecting tenants against
early eviction where acts committed, if not cured, would result in the issuance of an
eviction. notice. The case is Rental Housing Association of i~'orthern Alameda County v:
City of Oakland (2004) 171 CaLApp.4s' 741.
Oakland's law requires a landlord to issue a "Notice to Cease" advising a "tenant of
specific conduct that, if repeafed, not stopped,. or not cured, may cause the tenant to be
evicted." (Oakland Municipal Code 8.22:300, et seq.) As expressly stated in Oakland's
]aw, this warning is similaz to provisions addressing notices of default in commercial
leases, which is an industry-wide practice. In fact, most. if not all rent control
jurisdictions require this wazning before an eviction riotce may be served. These
jurisdictions include. Beverly Hills, Berkeley, Glendale, Haytirrard, Los Angeles and West
Hollywood.
The appellate court upheld Oakland's advisory warning. finding that it complied ctirith
established aw because it was a substantive tenant protection which is within the
jurisdiction of local authorities to regulate and thus not preempted by state law: Such
9A
Staff Report -May 24, 2010
Broadening the Scope of Tenant Protections
Page 2
laws afford tenants an opportunity to cure offending conduct before it results in a just-
cause for eviction. Under the court's reasoning finding this a substantive tenant
protection, a law requiring a warning should be within section 1806(a) of the Rent
Control Charter Amendment which enumerates the substantive just-cause eviction
grounds. Hence; adding this to the rent control law would require a charter amendment.
Five of the just-causes under section I $06(a) would be amenable to a warning: (1)
violation of a material contract term; (2) refusal to execute a written lease extension; (3)
damage to premises; (4) disorderly conduct or destroying peace and quiet, unless it is a
criminal offense; and (5) denying the landlord access. As noted by Commissioner
Kennedy, the Boazd's recent 2009 Annual Report lists the majority of reported notices
served preceding evictions (excluding non-payment of rent) was for breach of contract.
If these tenants had been afforded a waming, the evictions may not have taken place.
Under Oakland's scheme, a wazning to cease must state: (i) the allegedly breached term
of tenancy or just-cause ground; (ii) the specific offending conduct; (iii) the dates on
which the conduct occurred, or if the date is not known the approximate date; (iv) and a
warning that if the "conduct is iepeated; not stopped, or not cured" the landlord may
initiate eviction proceedings. Attached as Exhibit A is a possible warning notice Santa
Monica could use.. This is based on Oakland's notice.
The value of a waming is that it allows a tenant to cure conduct before it ripens into a
just-cause ground for eviction. A few examples include having an unauthorized pet, or
painting one's unit a color not approved by the landlord. In these illustrations a tenant
would typically need a reasonable time to cure these types of conduct. Other
jurisdictions simply state that a tenant must cure the conduct after the waming is issued.
This can be interpreted to mean within a reasonable time. Only Oakland requires the cure
to be accomplished in 7 days, unless it's an immediate health and safety issue which must
be cured within 24 hours. If the Board decides to recommend to the City Council a
charter amendment requiring a waming notice, I suggest not stating a time period;
instead, a time period could later be adopted by regulation if we learn through experience
that a time period certain should apply.
2. Just-cause eviction protections for all tenants in multi-family dwelling units
CTenerally, the only tenants in Santa Monica protected against no-fault evictions aze those
tenants in units under the jurisdiction of the rent control law. If all tenants in Santa
Monica were afforded just-cause eviction protections, the City Council, not the Board,
would have to adopt local law addressing this category of tenants. Whether this can be
' Top of page 19. More detailed data could be provided if the Board decides to send the recommendation
to the City Council
Staff Report -May 24, 2010
Broadening the Scope of Tenant Protections
Page 3
accomplished by ordinance or charter amendment is a question for the City Attorney,
who provides legal advice to the City Council.2
The Board, however, may recommend to the City Council that it should consider
adopting laws to protect all tenants and if eviction protections were extended to all multi-
family units it would have an effect on tenants who live in properties that were once
under the jurisdiction of rent control. One such category is a 3-unit-or-less property
where the owner has received a temporary use-exemption from-our legal jurisdiction on
the basis ofowner-occupancy. 1/xperience has taught that these use-exemptions, though
purportedly temporazy3, can have the effect of removing the units permanently from our
jurisdiction.
Here's how it has worked in certain instances. The owner who lives in one of the units
obtains anowner-occupancy exemption from the Boazd based on section1801(c)(4).
Once the exemption is granted, all of the units on the property are exempt from rent
control. This means the owner may raise the rent or evict. Once the units are vacant, the
owner may seek permits to demolish all of the-units and-build another structure as long as
he or she plans to occupy the new construction. We cannot interfere with the demolition
because the court has reasoned even though the exemption is theoretically temporary, the
property is exempt nonetheless and therefore we cannot assert jurisdiction by preventing
demolition.
In some cases the new construction consists of a new multi-family property. These new
units are. exempt from rent control as new construction under Costa-Hawkins as well as
section 1801(c)(5). Hence, in these cases what was once a temporary use-exemption has
been transformed into a permanent exemption from rent control and results in the
permanent removal of the 3-unit-or-less property. And once the new construction
exemption is in place, the owner may move off of the property without any consequences
because the owner-occupancy exemption is no longer7elevant.
We cannot prevent the eviction of tenants from these properties because they are not
under our jurisdiction. But if the City were to fmd iTa worthy pursuit, the City Council
may be able to adopt laws that would require just-cause evictions for all tenants which
would protect those tenants we cannot protect.
3. Owner-occupancy-eviction protections for seniors persons with disabilities and
terminally ill tenants.
2 The cities of San Diego, Glendale, San Francisco, and West Hollywood regulate evictions of non-rent .
controlled properties.
3 The exemption is theoretically temporary because it expires by operation of ]aw once the owner moves
off of the property. (Section 1801(cx4)(ii))
Staff Report -May 24, 2010
Broadening the Scope of Tenant Protections
Page 4
If certain conditions aze met, section 1806(a)(8) permits a landlord to' evict for owner-
occupancy. This is a no-fault eviction because through no fault of the tenant, they may
be evicted.
In recognition of the vulnerability of seniors, persons with disabilities or handicaps, and
terminally iIl tenants, some other rent control jurisdictions protect this category of tenants
from owner-occupancy eviction. These include Los Angeles, Oakland, San Francisco,
Berkeley, and to a lesser extent West Hollwood.
For instance, in Los Angeles a landlord may not evict for owner-occupancy if the tenant
has continuously resided in the unit for at least 10 years, and is either (1) 62 years or
older; or disabled as defined in Title 42 United States Code section 423 or handicapped
as defined in section 50072 of the California Health and Safety Code;4 or (2) terminally
ill as certified by a treating physician licensed to practice in the State of Califom_ ia. (L.A.
Municipal Code section 151.30)
Oakland has similar protections. A landlord may not evict for owner-occupancy if the
tenant has been residing in the unit for 5 or more years and is (1) 60 yeazs of age or older;
or (2) is disabled as defined in the Califomia Fair Employment and Housing Act
(Government Code section 12926)5; or (3) is catastrophically ill, defined as a person who
is disabled as defined in Government Code section 12926 and who has alife-threatening
illness as certified by his or her primary physician. Oakland generally excepts these
provisions where the landlord's relative falls within the protected class. (Oakland
Municipal Code section 8.22.360A et seq.)
In San Francisco, the protected class consists of tenants who have resided in the unit for
10 years and (1) are 60 years of age or older; or (2) disabled or blind within the meaning
of the federal Supplemental Security Income/California State Supplemental Security
Program (SSUSSP)6, and who is determined by SSUSSP to qualify for that program or
who satisfies such requirements. A catastrophically ill tenant need only reside in the unit
for 5 yeazs, and is defined by reference to the SSUSSP definition of disabled, but as in
Oakland the catastrophically ill tenant must also have'a life-threatening illness as
certified by his or her primary physician. (S.F. Municipal Code section 37.9(1))
Berkeley. generally covers the same classes and protects tenants who have resided in the
unit for 5 or more yeazs and are (1) 60 yeazs or older; or (2) disabled.. Disabled is defined
by Govemment Code section 12926 as it is in Oakland. (Berkeley Municipal Code
section 13.76.130.A)
West Hollywood prohibits owner-occupancy evictions of terminally ill tenants and
requires higher relocation amounts for the elderly or disabled. Terminally ill is
° Title 42 United States Code section 423 is attached as Exhibit B. Section 50072 is attached as Exhibit C.
s Government Code section 12926 is attached as Exhibit A
s SSUSSP definitions are attached as Exhibit E.
Staff Report -May 24, 2010
Broadening the Scope of Tenant Protections
Page 5
determined by certification from aphysician. (W.H. Municipal Code sections 17.52.020
and 17.52.010(12)(j))
If something similaz were applied in Santa Monica, an amendment to the rent control
charter would have to be made. Because section 1806(a)(8) permits owner-occupancy
evictions, this section would have to be amended to provide for an exception, which
would apply to some variation of the above-mentioned classes of tenants. Defining the
class, that is determining what definitions to use, should be in the charter amendment
itself.
Defining the class is complicated because the definitions vary. I recommend using the
SSUSSP determination because persons within this class have been administratively
determined as qualifying. The state's definitions are broad and would likely require a
hearing process if determinations were made by the Board. This could be problematic
because we learned from Birkenfeld that cumbersome local-administrative procedures
associated with eviction matters can be unlawful if found to interfere with, and therefore
burden, state authorized eviction procedures. There are also tenant/landlord privacy
concerns in our records if we make administrafide determinations regarding medical
matters. Hence, using the SSUSSP determination is the best approach.
I also suggest that landlords who themselves fall within the protected class be exempt
from the exception; that is, they should retain their right to evict for owner-occupancy, or
for a relative, who falls within the protected class.
4. Relocation fees
Relocation fees aze regulated by the City and have been done by City Council Ordinance.
Hence any modification to these fees would have to be accomplished by the City
Council.. Santa Monica's fees aze generally less than other jurisdictions. The Board
could request that the City Council consider if increases are warranted, or if the class of
recipients should be expanded.
Relocation benefits are provided to a tenant who is evicted for owner-occupancy. But on
a 3-unit-or-less property that has anowner-occupied exemption; the remaining tenants if
evicted do not currently qualify for relocation benefits. The relocation fee ordinance
could be expanded to include these individuals.
Recommendaflon
Staff recommends that the Board duect staff to forward this report to the City Council
and request that they draft charter amendments and ordinances/resolutions to accomplish
the stated objectives.
Exhibit A
Notice to Cease
(Santa Monica Rent Control Law § 1800 et seq.)
TO [Tenants and all others in possession] at [address of rental unit]:
NOTICE TO CEASE
Your conduct exposes you to eviction under Santa Monica Rent Control Law § 1806..
[List Applicable Section]
(attach additional sheets, if needed).
Specifically; you are engaging in the following conduct [include date and time, if known]:
(attach additional sheets, if needed}
Please take notice that you must correct the violation within a reasonable time of
service of this letter. Should you fail to correct the violation within a reasonable time
period, your landlord. may bring an eviction action against you.
Copies of the Santa Monica Rent Control Law and implementing regulations,
information on mediation service, lists of eviction counseling agencies, and legal_
services providers are available by contacting Santa Monica Rent Control, 1685 Main
Street, Room 202, Santa Monica, California 90401. Telephone: (310) 458-8751
Dated:
By:
LANDLORD/LANDLORD'S AGENT
NOTICE TO CEASE
42 USCA § 423 Page 1 of 9
Exhibit B
42 US.C.A. § 423
United States Code Annotated Currentness
Title 42. The PublirHealth and Welfare .
'`~ Chapter 7. Social Security (Refs &Annos}
`:J Subchapter II. Federal Old-Age, Survivors, and Disability Insurance Benefits-(Refs &Annos)
-F§ 423. Disability insurance benefit payments
(a) Disability insurance benefits
(1) Every individual who--
(A) is~insured for disability insurance benefits (as determined under subsection (c)(1) of this
section),
(B) has not attained retirement age (as defined in section 4i6(/) of this title),
(C) if not a United States citizen or national--
(i) has been assigned a social security account number that was, at the time of assignment, or at
any later time, consistent with the requirements of subclause (I) or(III) of section 405(c)(2)(B)(i)
of this title; or -
(ii) at the time any quarters of coverage are earned--
(I) is described in subparagraph (B) or (D) of section 1101(a)(15) of Title 8,
(II) is lawfully admitted temporarily to the United States for business (in the~case of an
individual described in such subparagraph (B)) or the performance as a crewman (in the case of
an individual described in such subparagraph (D)), and
(III} the business engaged in or service as a crewman pertormed is within the scope- of the
terms of such individual's admission to the United States.
(D) has filed application for disability insurance benefits, and
(E) is under a disability (as defined in subsectioh (d) of this section),
shall be entitled to a disability insurance benefit (i) for each month beginning with the first month-
after his waiting period (as defined in subsection (c)(2) of this section) in which he becomes so
entitled to such insurance benefits, or (ii) for each month beginning with the first month during all of
which he is under a disability and in which he becomes so entitled to such insurance benefits, but only
if he was entitled to disability insurance benefits which terminated, or had a period of disability (as
defined in section 416(i) of this title) which ceased; within the 60-month period preceding the first
month in which he is under such disability, and ending with the month preceding whichever of the
following months is the earliest: the month in which he dies, the month in which he attains retirement
age (as defined in section 416(1) of this title), or, subject to subsection (e) of this section, the
termination month. For purposes of the preceding sentence, the termination month for any individual
shall be the third month following the month in which his disability ceases; except that, in the case of
ah individual who has a period of trial work which ends as determined by application of section 422(c)
4 A of this title, the termination month shall be the earlier of (I) the third month following the
earliest month after the end of such period of trial work with reSpect_to which such individual is
determined to no longer be suffering from a disabling physical or mental impairment; or (II) the third
month following the earliest month in which such individual engages or is determined able to engage
in substantial gainful activity, but in no event earlier than the first month occurring after the 36
months following such. period of trial work in which he engages or is determined able to engage in
substantial gainful activity. No payment under this paragraph may be made to an. individual who
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42 USCA § 423
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would not meet the definition of disability in subsection (d) of this section except for paragraph (1){B)
thereof for any month in which he engages in substantial gainful activity, and no payment may be
made for such month under subsection (b), ~, or (d) of section 402 of this title to any person on the
basis of the wages and self-employment income of such individual. In the case of a deceased
individual, the requirement of subparagraph (C) may be satisfied by an application for benefits filed
with respect to such individual within 3 monthsafter the month in which he died.
(2) Except as provided in section 402(q) of this title and section 415(b)(2)(A)(ii) of this title, such
individual's disability insurance benefit for any month shall be equal to his primary insurance amount
for such month determined under section 415 of this title as though he had attained age 62 in--
(A) the first month of his waiting period, or
(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first mohth
for which he becomes entitled to such disability insurance benefits,
and as though he had become entitled to old-age insurance benefits in the month in which the
application-for disability insurance benefits was filed and he was entitled to an old-age insurance
benefit for each month for which (pursuant to subsection (b) of this section) he was entitled to a
disability insurance benefit. For the purposes of the. preceding sentence, in the case of an individual
who attained age 62 in or before the first month referred to in subparagraph (A) or (B} of such
sentence, as,the case may be, the elapsed years referred to in section 415(b)(3) of this title shall not
include the year in which he attained age 62, or any year thereafter.
(b) Filing application
An application for disability insurance benefits filed before the first month in which the applicant
satisfies the requirements for such benefits (as prescribed in subsection (a)(1) of this section) shall be
deemed a valid application (and shall be deemed to have been filed in such first month) only if the
applicant satisfies the requirements for such benefits before the Commissioner of Social Security
makes a final decision on the application and no request under section 405(b) of this title fornotice
and opportunity for a hearing thereon is made,' or if such a request is made, before a decision based
upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the
final decision of the Commissioner of Social Security). An individual who would have been entitled to
a disability insurance benefit for any month had he filed application therefor before the end of such
month shall be entitled to such benefit for such month if such application is filed before the end of the
12th month immediately succeeding such month.
(c) Definitions; insured status; waiting period
For purposes of this section--
{S) An individual shall be insured for disability insurance benefits in any month if--
(A) he would have been a fully insured individual (as defined in section 414 of this title) had he
attained age 62 and filed application for benefits under section 402(a) of this title on the first day
of such month; and
(B)(i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with
the quarter in which such month occurred, or
(ii) if such month ends before the quarter in which he attains (or would attain) age 31, not less
than one-half (and not less than 6) of the quarters during the period ending with the quarter in
which such month occurred and beginning after he attained the age of 21 were quarters of
coverage, or (if the number of quarters in such period is less than 1;2) not less than 6 of.the
quarters in the 12-quarter period ending with such quarter were quarters of coverage, or
(iii) icn the case of an individual (not otherwise insured under clause (i)) who, by reason of section
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42 USCA § 423
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416(i)(3)(B}(ii) of this title, had a prior period of disability that began during a period before the
quarter in which he or she attained. age 31, not less than one-half of the quarters beginning after
such individual attained age 21 and ending with the quarter in which such month occurs are
quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6
of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;
except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an
individual who is blind (within the meaning of "blindness" as defined in section 416(1)(1) of this
title). For purposes of subparagraph (B) of-this paragraph, when the number of quarters in any
period is an odd number; such number shall be reduced by one, and a quarter shall not be
counted as part of any period if. any part of such quarter was included in a period of disability
unless such quarter was a quarter of coverage.
(2) The term "waiting period" means, in the case of any application for disability insurance benefits,
the earliest period of five consecutive calendar months--
(A) throughout which the individual with respect to whom such application is filed has been under
a disability, and
(B) (i) which begins not earlier than with the first day of the seventeenth month before the month
in which such application is filed if such individual is insured for disability insurance benefits in
such seventeenth month, or (ii) if he is not so insured in such month, which begins. not earlier
than with the fist day.of the first month after such seventeenth month in which fie is so insured.
Notwithstanding the preceding provisions of this paragraph, no waiting period may begin for dny
individual before January 1, 1967.
(d) "Disability" defined
(1) The term "disability" means--
(A) inability to engage in any substantial gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to result in death or which has lasted or can
be expected to last for a continuous period of not less than 12 months;, or
(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of
"blindness" as defined in section 416(1)(1} of this title), inability by reason of such blindness to
engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful
activity in which fie has previously engaged with some regularity and over a substantial period of
time.
(2) For purposes of paragraph (1)(A)--
(A) An individual shall be determined to be under a disability only if his physical or mental
impairment or impairments are of such severity that he is not only unable to do his previous work
but canriot, considering his age, education; and work experience, engage in any other kind of
substantial gainful work which exists in the national economy, regardless of whether such work
exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, ar
whether he would be hired if he applied for work. For purposes of the preceding sentence (with
respect to any individual), "work which exists in the national economy" means work which exists in
significant numbers either in the region where such individual lives or in several regions of the
country.
(B) In determining whether an individual's physical or mental impairment or impairments are of a
sufficient medical severity that such impairment or impairments could be the. basis of eligibility
under this section, the Commissioner of Social Security shall consider the combined effect of all of
the individual's impairments without regard to whether any such impairment, if considered
separately, would be of such severity. If the Commissioner of Social Security does find a medically
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42 USCA § 423 Page 4 of 9
severe combination of impairments, the combined impact of the impairments shall be considered
throughout the disability determination process.
(C) An individual shall not be considered to be disabled for purposes of this subchapter. if alcoholism
or drug addiction would (but for this subparagraph} be a contributing factor material to the
Commissidner's determination that the individual is disabled.
(3) For purposes of this subsection, a "physical or mental impairment" is an impairment that results
from anatomical, physiological, or psychological abnormalities which are demonstrable by medically
acceptable clinical and laboratory diagnostic techniques.
(4){A) The Commissioner of Social Security shall by regulations prescribe the criteria for determining
when services performed or earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity. No individual who is blind shall be regarded as having
demonstrated an abilityto engage in substantial gainful activity on the basis of earnings that do not
exceed an amount equal to the exempt amount which would be applicable under section 403(f)(8) of
this title, to individuals described in subparagraph (D) thereof, if section lOZ of the Senior Citizens'
Right to Work Act of 1996 had not been enacted. Notwithstanding the provisions of paragraph (2), an
individual whose services or earnings meet such criteria shall, except for purposes of section 422Pc)
of this title, be found not to be disabled. In determining whether an individual is able to engage in
substantial gainful activity by reason of his earnings,. where his disability is sufficiently severe to
result in e functional limitation requiring assistance in order far him to work, there shall be excluded
from such earnings an amount equal to the cost (to such individual) of any attendant care services,
.medical devices, equipment, prostheses,-and similar items and services (not including routine drugs
or routine medical-services unless such drugs or services are necessary for the control of the disabling
condition) which are necessary (as determined by the Commissioner of Social Security in regulations)
for that purpose, whether or not such assistance is also needed to enable him to carry out-his normal
daily functions; except that the amounts to be excluded shall be subject to such reasonable limits as
the Commissioner of Social Security may prescribe.
(B) In determining under subparagraph (A) when services performed or earnings derived from
services demonstrate an individual's ability to engage insubstantial gainful activity, the Commissioner
of Sdcial Security shall apply the criteria described in subparagraph (A) with respect to services
performed by any individual without regard to the legality of such services.
(5}(A} An individual shall not be considered to be under a disability unless he furnishes such medical
and other evidence of the existence thereof as the Commissioner of Social Security may require. An
individual's statement as to pain orother symptoms shall not alone be conclusive evidence of
disability as defined in this section; there must be medical signs and findings, established by
medicallyacceptable clinical or laboratory diagnostic techniques, which show the existence of a
medical impairment that results from anatomical, physiological, or psychological abnormalities which
could reasonably 6e expected to produce the pain or other symptoms alleged and which, when
considered with all evidence required to be furnished under this paragraph (including statements of
the individual or his physician as to the intensity and persistence of such pain or other symptoms
which may reasonably be accepted as consistent with the medical signs and findings), would lead to a
conclusion that the individual is under a disability. Objective medical evidence of pain or other
symptoms established by medically acceptable clinical or laboratory techniques (for example;
deteriorating nerve or muscle tissue) must be considered in reaching a conclusion as to whether the
individual is under a disability. Any non-Federal hospital, clinic, laboratory, or other provider of
medical services, or physician not in the employ of the Federal Government, which supplies medical
evidence required and requested by the Commissioner of Social Security under this paragraph shall
be entitled to payment from the Commissioner of Social Secufity for the reasonable cost of providing
such evidence.
(B) In making any determination with respect to whether an individual is under a disability or
continues to be under a disability, the Commissioner of Social Security shall consider all evidence
available in such individual's case record, and shall develop a complete medical history of at least the
preceding twelve months for any case in which a determination is made that the individual is not
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42 USCA § 423
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under a disability. In making any determination the Commissioner of Social Security shall make every
reasonable effort to obtain from the individual's treating physician (or other treating health care
provider) all medical evidence, including diagnostic tests, necessary in order to properly make such
determination, prior to evaluating medical evidence obtained f"rom any other source on a consultative
basis.
(6)(A) Notwithstanding any other provision of this subchapter, any physical or mental impairment
which arises in connection with the. commission by an individual (after October 19, 1980) of an
offense which constitutes a felony under applicable law and for which such individual is subsequently
convicted, or which is aggravated in connectibn with such an offense (but only to the extent so
aggravated), shall not be considered in determining whether an individual is under a disability.
(B) Notwithstanding any other provision of this subchapter, any physical or mental impairment which
arises in connection with an individual's confinement in a jail, prison, or other penal institution or
correctional facility pursuant to such individual's conviction of an offense (committed after October
19, 1980) constituting a felony under applicable law, or which is aggravated in connection with such a
confinement (but only to the extent so aggravated), shall not be considered in determining whether
such individual is under a disability for purposes of benefits payable for any month during which such
individual is so confined.
(e) Engaging in substantial gainful activity
(1) No benefit shall be payable under subsection (d)(1)(B)(ii), (d}(6)(A)(ii), d 6 B , (e)(1)(B)(ii),
or (f)(1)(B)(ii) of section 402 of this title or under subsectibn (a)(1) of this section to an individual for
any month, after. the third month, in which. he engages in substantial gainful activity during the 36-
month period following the end of his trial work period determined by application of section 42Z(c)(4)
of this title.
(2) No benefit shall be payable under section 402 of this title on the basis of the wages and self-
erttployment income of an individual entitled to a benefit under subsection (a)(1) of this section for
any month for which the: benefit of such individual under subsection (a)(1) of this section is not
payable under paragraph (1).
(f) Standard of review for termination of disability benefits
A recipient of benefits under this subchapter or subchapter XVIII of this chapter based on the
disability of any individual may be determined not to be entitled to such benefitson the basis of a
finding that the physical or mental impairment on the basis of which such benefits are provided has
ceased, does not exist, or is not disabling only if such finding is supported by--
(1) substantial evidence which demonstrates that--
(A) there has been any medical improvement in the individual's impairment orcombination of
impairments (other than medical improvement which is not related to the individual's ability to
work), and
(B) the individual is now able to engage in substantial gainful activity; or
(2) substantial. evidence which--
(A) cohsists of new medical evidence and a new assessment of the individual's residual functional
capacity, and demonstrates that--
(i) although the individual has not improved medically, he or she is nonetheless a beneficiary of
advances in medical or vocational therapy or technology (related to the individual's ability to
work), and
{ii) the individual is now able to engage in substantial gainful activity, or
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42 USCA § 423
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(B) demonstrates that-- -
(i) although the individual has not improved medically, he or she has undergone vocational
therapy (related to the individuals ability to work), and ,
(ii) the individual is now able to engage in substantial gainful activity; or.
} (3) substantial evidence which demonstrates that, as determined on the basis of new or improved
diagnostic techniques or evaluations, the individual's impairment or combination of impairments is
not as disabling as it was considered to be at the time of-the most recent prior decision that he or
she was under a disability or continued to be under a disability, and that therefore the individual is
able to engage in substantial gainful activity; or
(4) substantial evidence (which may be evidence on the record at the time any prior determination
of the entitlement to benefits based on disability was made, or newly obtained evidence which
relates to that determination) which demonstrates that a prior determination was in error.
Nothing in this subsection shall be construed to require a determination that a recipient of benefits
under this subchapter or subchapter XVIIP of this chapter based on an individual's disability is entitled
to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in
substantial gainful activity, cannot be located, or fails, without good cause, to cooperate in a review of
the entitlement to such benefits or to follow prescribed treatment which would be expected to restore
his or her ability to engage in substantial gainful activity: In making for purposes of the preceding
sentence any determination relating to fraudulent behavior by any individual or failure by any
individual without goad cause to cooperate or to take any required action, the Commissioner of Social
Security shall specifically take into account any physical, mental, educational, or linguistic limitation
such individual may have (including any lack of facility with the English language). Any determination
under this section shall be made on the basis of all the evidence available in the individual's case file,
including new evidence concerning the individual's prior or current condition which is presented by the
individual or secured by the Commissioner of Social Security. Any determination made under this
section shall be made on the basis of the weight of the evidence and on a neutral basis with regard to
the individual's condition, without any .initial inference as to the presence or absence of disability
being drawn from the fact that-the individual has previously been determined to be disabled. For
purposes of this subsection, a benefit under this subchapter is based on an individual's disability if it is
a disability insurance benefit, a child's, widow's, or widower's insurance benefit based on disability, or
a mother's or father's insurance benefit based on the disability of.the mother's or father's child who
has attained age 16.
(g) Continued payment of disability benefits during appeal
(1) In any case where--
(A) an individual is a recipientof disability insurance benefits, or of child's, widow's, or widower's
insurance benefits based on disability,
(B) the physical or mental impairment on the basis of which such benefits are payable is found to
have ceased, not to have existed, or to no longer be disabling, and as a consequence such
individual is determined not to be entitled to such benefits, and
(C) a timely request for a hearing under section 421(dl of this title, or for an administrative review
prior to such hearing, is pending with respect to the determination that he is not so entitled,
such individual may elect (in such manner and form and within such time as the Commissioner of
Social Security shall by regulations prescribe) to have the payment of such benefits, the. payment of
any other benefits under this subchapter based on such individual's wages and self-employment
income, the payment of mother's or father's insurance benefits to such individual's mother or father
based on the disability of such individual as a child who has attained age 16, and the payment of
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42 USCA § 423
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benefits under subchapter XVIII of this chapter based on such individual's disability, continued far an
additional period beginning with the first month beginning after January 12; 1983, for which (under
such determination) such benefits are no longer otherwise payable, and' ending with the earlier of (i)
the month preceding the month in which a decision is made after such a hearing, or (ii) the month.
preceding the month in which no such request for a hearing or an administrative review is pending.
(2)(A) If an individual elects to have the payment of his benefits continued for an additional period
under paragraph (1), and the final decision of the Commissioner of Social. Security affirms the
determination that he is not entitled to such benefits, any benefits paid under this subchapter
pursuant to such election (for months in such additional period) shall be considered overpayments for
all purposes of this subchapter, except as otherwise provided in subparagraph (B).
(B) If the Commissioner of Social Security determines that the individual's appeal of his termination
of benefits was made in good faith, all of the benefits paid pursuant to such individual's election under
paragraph (1) shall be subject to waiver consideration under the provisions of section 404 of this title.
In making for purposes of this subparagraph any determination of whether any individual's appeal. is
made in good faith, the Commissioner of Social Security shall specifically take into account any
physical, mental, educational, or linguistic limitation such individual may have (including any lack of
facility with the English language).
(h) Interim benefits in cases of delayed final decisions
(1) In any case in which an administrative law judge has determined after a hearing as provided
under section 405(6) of this title that an individual is entitled to disability insurance benefits or child's,
widow's;. or widower's insurance benefits based on disability and the Commissioner of Social Security
has not issued the Commissioner's final decision in such case within 110 days after the date of the
administrative law judge's determination, such benefits shall be currently paid for the months during
the period beginning with the month preceding the month in which such 110-day period expires and
ending with the month preceding the month in which such final decision is issued.
(2) For purposes of paragraph (Y), in determining whether the 110-day period referred to in
paragraph (1) has elapsed, any period of time for which the action or inaction of such individual or
such individual's representative without good cause results in the delay in the issuance of the
Commissioner's final decision shall not betaken into account td the extent that such period of time
exceeds 20 calendar days.
(3) Any benefits currently paid under this subchapter pursuant to this subsection (for the months
described in paragraph (1)) shall not be considered overpayments for any purpose of this subchapter
(unless payment of such benefits was fraudulently obtained), and such benefits shall not be treated
as past-due benefits for purposes of section 406(6)(1) of this title.
(i) Reinstatement of entitlement
(1)(A) Entitlement to benefits described in subparagraph (B)(i)(I) shall be reinstated in any case
where the Commissioner determines that an individual described in subparagraph (B) has filed a
request for reinstatement meeting the requirements of paragraph (2)(A) during the period prescribed
in subparagraph (C). Reinstatement of such entitlement shall be in accordance with the terms of this
subsection.
(B) An individual is described in this subparagraph if
(i) prior to the month in which the individual files a request for reinstatement--
(I) the individual was entitled'to. benefits under this section or section 402 of this title on the
basis of disability pursuant to an application filed therefor; and
(II) such entitlement terminated due to the performance of substantial gainful activity;
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{ii) the individual is under a disability and-the physical or mental impairment that is the basis for
the finding of disability is the same as (or related to) the physical or mental impairment that was
the basis for the firiding of disability that gave rise to the entitlement described in clause (i); and
(iii) the. individual's disability renders the individual unable to perform substantial gainful activity.
(C}(i) Except as provided in clause (ii), the period prescribed in this subparagraph with respect to an
individual is 60 consecutive months beginning with the month following the most recent month for
which the individual was entitled to a benefit described in subparagraph (B)(i)(I) prior to the
entitlement termination described in subparagraph (B)(i)(II).
(ii) In the case of an individual who fails to file a reinstatement request within the period prescribed:
in-clause.(i), the Commissioner may extend the period ifthe Commissioner determines that the
individual had good cause for the failure to so file.
(2)(A)(i) A request for reinstatement shall be filed in such form, and containing such information, as
the Commissioner may prescribe,
(ii) A request for reinstatement shall include express declarations by the individual that the individual
meets the requirements specified in clauses (ii) and (iii) of paragraph (1)(B).
(B) A request for reinstatement filed in accordance with subparagraph (A) may constitute an
application-for benefits in the case. of any individual who the Commissioner determines is not entitled
to reinstated benefits under this subsection.
(3) In determining whether an individual meets the requirements of paragraph (1)(B)(ii), the
provisions of subsection (f) shall apply.
(4)(A)(i}Subject to clause (ii), entitlement to benefits reinstated under this subsection shall
commence with the benefit payable for the month in which a request for reinstatement is filed.
(ii) An individual whose entitlement to a benefit for any month would have been reinstated under this
subsection. had the individual filed a request for reinstatement before the end of such month shall be
entitled to such benefit for such month if such request for reinstatement is filed before the end of the
twelfth month immediately succeeding such month.
(B)(i) Subject to clauses (ii) and (iii), the amount of the benefit payable for any month pursuant to
the reinstatement of entitlement under this subsection shall be determined in accordance with the
provisions of this title.
(ii) For purposes of computing the primary insurance amount of an individual whose entitlement to
benefits under this section is reinstated under this subsection, the date of onset of the individual`s
disability shall be the date of onset used in determining the individual's most recent period of
disability arising in connection with such benefits payable on the basis of an application.
(iii) Benefits under this section or section. 202 payable for any month pursuant to a request for
reinstatement filed in accordance with paragraph (2) shall be reduced by the amount of any
provisional benefit paid to such individual for such month under paragraph (7).
(G) No benefit shall be payable pursuant to an entitlement reinstated under this subsection to an
individual for any month in which the individual engages in substantial gainful activity.
(D) The entitlement of any individual that is reinstated under this subsection shall end with the
benefits payable for the month preceding whichever of the following months is the earliest:
(i) The month in which the individual dies.
(ii) The month ih which the individual attains retirement age.
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42 USDA § 423.
(iii) The third month following the month in which the individual's disability ceases.
Page 9 of 9
(5) Whenever an individual's entitlement to benefits under this section is reinstated under this
subsection, entitlement to benefits payable on the basis of such individual's wages and self-
employment income may be reinstated with respect to any person previously entitled to such benefits
on the basis of an application if the Commissioner determines that such person satisfies all the
requirements for entitlement to such benefits except requirements related to the filing of an
application. The provisions of paragraph (4) shall apply to the reinstated entitlement of any such
person to the same extent that they apply to the reinstated entitlement of such individual.
(6) An individual to whom benefits are payable under this section or section 402 of this title pursuant
to a reinstatement of entitlement under this subsection for 24 months (whether or not consecutive)
shall, with respect to benefits so payable after such twenty-fourth month, be deemed for purposes of
paragraph (1)(B)(i)(I) and the determination, if appropriate, of the termination month in accordance
with subsection (a)(1) of this section, orsubsection (d)(1), e 1 , or (fl(1) of section 402 of this title,
to be entitled to such benefits on the basis of an application filed therefor.
(7)(A) An individual described in paragraph (1)(B) who files a request for reinstatement in
accordance with the provisions of paragraph (2)(A) shall be entitled to provisional benefits payable in
accordance with this paragraph, unless the Commissioner determines that the individual does not
.meet the requirements of paragraph (1)(B)(i) or that the individual's declaration. under paragraph (2;
(A)(ii) is false. Any such determinatioh by the Commissioner shall be final and not subject to review
under subsection (b) or (q) of section 405 of this title
(B) The amount of a provisional benefit for a month shall equal the amount of the last monthly
benefit payable to the individual under this title on the basis of an application increased by an amount
equal to the amount, if any, by which such last monthly benefit would have been increased as a result
of the operation of section 41s(i) of this title.
(C)(i} Provisional benefits shall begin with the month in which a request for reinstatement is filed in
accordance with paragraph (2)(A).
(ii) Provisional benefits shall end with the earliest of
(I) the month in which the Commissioner makes a determination regarding the individual's
entitlement to reinstated benefits;
(II) the fifth month following the month described in clause (i);
(III) the month in which the individual performs substantial gainful activity; or
(IV) the month in which the Commissioner determines that the individual does not meet the
requirements of paragraph (1)(Bj(i) or that the individual's declaration made in accordance with
paragraph (2)(A)(ii) is false.
(D) In any case in which the Commissioner. determines that an individual is not entitled to reinstated
benefits,-any provisional benefits paid to the individual under this paragraph shall not be subject to
recovery as an overpayment uhless the Commissioner determines that the individual knew or should
have known that the individual did not meet the requirements of paragraph (1)(B).
(j)' Limitation on payments to prisoners
For provisions relating to limitation on payments to prisoners; see section 402(x) of this title.
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CA FILTH & S § 50072 Page 1 of 1
Exhibit C
West's Ahn.CaLHealth & Safety Code § 50072
West's Annotated California Codes Currentness
Health and Safety Code (Refs &Annos)
Division 31. Housing and Home Finance (Refs &Annos)
`J Part 1. State Housing Policy and General Provisions (Refs &Annos)
"L-] Chapter 2. Definitions (Refs &Annos)
°+§ 50072. Handicapped
"Handicapped" means a family in which the head of the household [s suffering from an orthopedic
disability impairing personal mobility or a physical disability affecting his or her ability to obtain
employment or a single person with such a physical disability, were the family or person requires
special care or facilities in the home. °Handicapped" also includes a family in which the head of
household suffers from a developmental disability specified in subdivision (a) of Section 38010 or a
mental disorder which would render him or her eligible to participate in programs of rehabilitation or
social services conducted by or on behalf of a public agency, or a single person with such a
developmental disability or mental disorder. "Handicapped" also includes an elderly or Handicapped
household, as defined in Section 19903 and subject to Part 4.5 (commencing with Section 19902) of
Division 13.
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CA GOVT' § 12926
Exhibit
West's Ann.CaLGov.Code § 12926
West's Annotated California Codes Currentness
Government Code (Refs &Annos)
Title 2. Government of the State of California
Divisidn 3. Executive Department (Refs &Annos)
"L-9 Part 2.5. Department of Fair Employment and Housing (Refs &Annos)
`~ Chapter 4. Definitions (Refs &Annos)
~§ 12926. Additional definitions
Page 1 of 4
As used in this part in connection with unlawful practices, unless a different meaning clearly appears
from the context:
(a) "Affirmative relief" or "prospective relief" includes the authority to order reinstatement of an
employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure; promotions, cease and desist orders, posting of notices, training of
personnel, testing, expunging of records, reporting of records; and any other similar relief that is
intended to correct unlawful practices under this part.
(b) "Age".refers to the chronological age of any individual who has reached his or her 40th biithday.
(c) "Employee' does not include any individual employed by his or her parents, spouse, or child, or
any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation
facility.
(d) °Employer" includes any person regularly employing five or more persons, or any person acting as
an agent. of an employer, directly or indirectly, the state or any political or civil subdivision of the
state, and cities, except as follows:
"Employer' does not include a religious association or corporation. not organized for private profit
(e) "Employment agency" includes any person undertaking for compensation to procure employees or
opportunities to work.
(f) "Essential functions" means the fundamental job duties of the employment position the individual
with a disability holds or desires. "Essential functions" does not include the marginal functions of the
position:
(1) A job function maybe considered essential for any of several reasons, including, but not Jimited
to, any one or more of the following:
(A) The function may be essential because the reason the position exists is to perform that function
(B) The function may lie essential because of the limited number of employees available among
whom the performance of that job function can be distributed.
(C) The function may be highly specialized, so that the incumbent in the position is hired for-his or
her expertise or ability to perform the particular function.-
(2) Evidence of whether a particular function inessential includes, but is not limited to, the following:
(A) The employer's judgment as to which functions are essential
(B) Written job descriptions prepared before advertising or interviewing applicants for the job.
(C) The amount of#ime spent on the job performing the function.
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CA GOVT § 12926 Page 2 of 4
(D) The consequences of not requiring the incumbent to perform the function,
(E) The terms of a collective bargaining agreement.
(F) The work experiences of past incumbents in the job.
(G) The current work experience of incumbents in similar jobs.
(g) "Labor organization" includes any organization that exists and is constituted for the purpose; in
whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or
conditions of employment, or of other mutual aid or protection.
(h) "Medical condition" means either of the following:
(1} Any health impairment related to or associated with a diagnosis df cancer or a record or history of
cancer.
(2) Genetic characteristics. For purposes of this section, °genetic characteristics" means either of the
following:
(A) Any scientiFcally or medically identifiable gene or chromosome; or combination or alteration
thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or
that is determined to be associated with a statistically increased risk of development of a disease or
disorder, and that is. presently not associated with any symptoms of any disease or disorder.
(B) Inherited characteristics that may derive from-the individual or family. member, that are knowri to
be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be
associated with a statistically increased risk of development of a disease, or disorder, and that are .
presently not associated with any symptoms of any disease or disorder.
(i) "Mental disability".includes, but is not limited to, all of the following:
(1) .Having any mental or psychological disorder or condition; such as mental retardation, organic
brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life
activity. For purposes of this section: .
(A) "Limits" shall be determined without regard to mitigating measures, such as medications,
assistive devices, or reasonable accommodations, unless the mitigating -measure itself limits a major
life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it makes the
achievement of the major life activity difficult.
(C) "Major life activities" shall be broadly construed and shall include physical, mental, and social
activities and working-
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that
requires special education or related services.
(3) Having a record or history of a mental or psychological disorder or condition described in
paragraph. (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, any mental condition that makes achievement of a major life activity difficult.
(s) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, a mental or psychological disorder or condition that has no present disabling effect, but
that may become a mental disability as described in paragraph (1) or (2).
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CA GOVT § 12926 Page 3 of 4
"Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania,
pyromania, or psychoactive substance use. disorders resulting from the current unlawful use of
controlled substances or other drugs.
(j)"On the bases enumerated in this part" means or refers to discrimination on the basis of one or
more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or sexual orientation.
(k) "Physical disability" includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic-disfigurement, or anatomical loss
that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal,
special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive
devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a
major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical Toss limits a
major life activity if it makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes physical, mental, and social
activities and working.
(2) Any other health impairment not described in paragraph (1) that requires special education or -
related services.
(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement; anatomical
loss, or health impairment described iri paragraph (1) or (2), which.is known to the employer or other
entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or
having had,_ any physical condition that makes achievement of a major life-activity difficult.
(s) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a physical disability as described in
paragraph (1) or (2).
(6) "Physical disability" does not include sexual behavior disorders, compulsive gambling,
kleptomania, pyromania; or psychoactive substance use disorders resulting from the current unlawful
use of controlled substances or other drugs.
(I) Notwithstanding subdivisions (i) and (k), if the definition of "disability" used in the Americans with
Disabilities Act of 1990 (,Public Law.101-336) would result in broader protection of the civil rights of
ihdividuals with a mental disability or physical disability, as defined in subdivision (i) or (k), or would
include any medical condition not included within those definitions, then that broader protection or
coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions
of, the definitions in subdivisions (i) and (k).
(m) "Race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation" includes a perception that the
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CA GOVT § 12926
Page 4 of 4
person has any of those characteristics or that the person is associated with a person who has, or is
perceived to have, any of those characteristics.
(n) "Reasonable accommodation" may include either of the following:
(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with
disabilities.
(2) lob restructuring; part-time or modified work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, adjustment or modifications of examinations,
training materials orpolicies, the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities.
(o) °Religious creed;" °religion," °religious observance," °religious belief," and "creed" include all
aspects of religious belief, observance, and practice.
(p) "Sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth. "Sex".also includes, but is not limited to, a person's gender, as defined iK
Section 422.56 of the Penal Code.
(q) "Sexual orientation" means heterosexuality, homosexuality, and bisexuality.
(r) "Supervisor"means any individual having the authority, in the. interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge; assign, reward, or discipline other employees,
or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that
action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or
clerical nature, but requires the use of independent judgment.
(s) "Undue hardship" means an action requiring significant difficulty or expense, when considered in
light of the following factors:
(1) The nature-and cost of the accommodation needed.
(2) The overall financial resources of the facilities involved in the provision of the reasonable
accommodations, the number of persons employed at the facility, and the effect on expenses and
resources pr the impact otherwise of these accommodations upon the operation of the facility.
(3) The overall financial resources of the covered entity, the overallsize of the business of a covered
entity with respect to the number of employees, and the number, type, and location of its facilities.
(4) The type of operations, including the composition, structure, and functions of the workforce of the
entity.
(5) The geographic separateness, administrative, or fiscal relationship of the facility dr facilities.
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understanding Supplemental Security Income (SSI)=- SSI Eligibility Page 1 of 11
Exhibit E
Soiial Securit~~ Online ~~~J~C-'1T~£.'1~~~ ,~'~i~~1~'l~f ~~~Ol~~ ~~~~
understanainq'SSl f;~ 1; understanding Supplemental Security
Home Page ;,.Illllli,
..: Income
SSI Eligibility Requirements 2010 Edition
SS! ELIta1~iLlTY REnU1}~Ei~1Ei;3TS
WHO IS ELIGIBLE FOR SSl ?
Anyone who is:
aged. (age 65 or older);
~` blind: or
~' disabled.
And., who:
*~- has limited income; and
- has limited resources; and
is a U.S. citizen or national, or in one of certain
categories of aliens; and
In general, an alien who is subject to an
active warrant for deportation or removal
does not meet the citizenship/alien
requirement.
~- is a resident of one of the 50 States, the District of
Columbia, or the Northern Mariana Islands; and
is not absent frbm the country fora full calenda[
month or more Phan 30 consecutive days; and
±~ applies for any other cash benefits or payments for
. which he or she may be eligible, (for example;
pensions, Social Security benefits); and
~- gives SSA permission to contact any financial
institution andrequest any financial records that
the financial institution may have about you; and
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files an application; and
meets certain other requirements.
WHAT DOES "AGED" MEAN?
"Aged" means age, 65 or older.
WHAT IS "BLINDNESS" FOR AN ADULT OR CHILD?
"Blindness" in Social Security disability programs is "statutory
blindness," which means:
+~ you have a central visual acuity of 20/200 or less
in your better eye with use of a correcting lens; or
~° you have a visual field limitation in your better eye,
such that the widest diameter of the visual field
subtends an angle no greater than 20 degrees.
If you have a visual. impairment that is not."statutory blindness"
as defined above, you may still be eligible for-SSI benefits on
the basis of disability. See the definitions of disability for
children and adults below.
WHAT DOES "DISABLED" MEAN FOR A CHILD?
An individual under age 18 is "disabled" if he or she has a
medically determinable physical or mental impaifinent, which:
a results in marked and severe functional limitations; and
can be expected to result in death; or
a has.lasted or can be expected to last for a continuous
period of not less than 12 months.
If the individual is age 18 or older, the adult definition of
disability.explained below applies.
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.,'~f See SSI FOR CHILDREN and IF YOU ARE
`~- DISABLED OR BLWD for more information on the
childhood disability evaluation.
WHAT DOES "DISABLED" MEAN FOR AN ADULT?
Ah individual age 18 and older is "disabled" if he or she has a
medically determinable physical or mental impairment, which:
results in the inability to do any substantial painful
activi ;and
a can be expected to result in death; or
~ has lasted or can be expected to last for a continuous
period of not less Phan 12 months.
WHAT DOES "LIMITED INCOME" INCLUDE?
Income includes:
~- money you earn from work;
*~ money you receive from other sources, such as
Social Security benefits, workers compensation,
unemployment benefits, Department of Veterans
Affairs, friends or relatives; and
'~ free food or shelter..
,~~ We do not count all kinds of income for SSI; but
''~s+!. income that we do count reduces your SSI
benefit amount. For more information, see SSI
INCOME.
WHAT ARE "LIMITED RESOURCES"?
Resources are things you own such as:
-*4 cash;
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bank accounts, stocks, U.S. savings bonds;
~ land;
±~ vehicles;
personal property;
- life insurance; and
+~ anything else you own that could be converted to
cash and used for food or shelter,
We do not count all kinds of resources for SSI.
For more information, see SSI RESOURCES.
The SSt limits for resources that we do count are:
Individual/Child - $2,000
Couple - $3,000
CITIZEN /NON-CITIZEN. STATUS
To get SSI, you must be:
a citizen or national of the United. States; or
~++- anon-citizen who meets the alien eligibility criteria
under the 1996 legislation and its amendments.
When Is ANon-Citizen Eligible For SSI?
Beginning August 22, 1996, most non-citizens must meet two
requirements to be eligible for SSI:
the non-citizen must be in a qualified alien
category, and
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.meet a condition that allows qualified aliens to get
SSI benefits.
A non-citizen must also meet all of the other requirements for
SSI eligibility, including the limits on income, resources, etc.
Who is a "Qualified Alien?"
There are seven categories of non-citizens who are qualified
aliens. You area "qualified alien" if the Department of
Homeland Security (DHS) says you are in one of these
categories:
1. Lawfully Admitted for Permanent Residence (LAPR) in
the.U.S., including "Amerasian immigrant" as defined in
Section 584 of the Foreign Operations, Export Financing
and Related Programs Appropriations Act of 1988, as
amended;
2. Granted conditional entry under Section 203(a}{7} of the
Immigration and Nationality Act (INA) as in effect before
April 1,.'1980;
3. Paroled into the U.S. under Section 212(d)(5) of the INA
for a period of at least one year;
4. Refugee admitted to the U.S. under Section 207 of the
INA;
5. Granted asylum under Section 208 of the-INA;
6. Deportation is being withheld- under Section 243(h) of
the INA as in effect before April 9, 1997, or removal is
being withheld under Section 241(b)(3) df the INA;
7. "Cuban or Haitian entrant' under Section 501(e) of the
Refugee Education Assistance Act of 1980 or in a status
that is to be treated as a "Cuban/Haitian entrant' for SSI
purposes; or
In addition, you can be a "deemed qualified alien" if, under
certain circumstances, you, your child, or your parent has been
subjected to battery or extreme cruelty while in the United
States..
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Under What Conditions Maya "Qualified Alien" Be Eligible
for SSI?
If you are in one of the seven "qualified alien" categories listed
above, or have been determined to be a "deemed qualified
alien" because you have been subjected to battery or extreme
cruelty, you may be eligible for SSI benefits if you have limited
income and resources and are aged, blind, or disabled and also
meet one of the following conditions:
1. You were receiving SSI and IawfuAy residing in the U.S.
on August 22, 1996.
2. You are LAPR with 40 qualifying quarters of work. Work
done by your spouse or parent{s) may also count toward
the 40 quarters. of work, but only for getting SSI.
We cannot count quarters of work earned after
December 31, 1996 if you; your spouse, or your parent(s)
worked or received certain benefits from the U.S.
government-based on limited income and resources
during that period.
IMPORTANT: If you entered the U.S. for the first time on
or after August 22, 1996, then you may not be eligible for
8SI for the first five years as LAPR, even if you have
40 qualifying quarters of work.
3. You are currently on active duty in the U.S. Armed
Forces, or you are an honorably discharged veteran and
your discharge is not because you are an alien. This
condition may also apply if you are the spouse, widow
(er), or dependent child of certain U.S. military personnel.
4. You were lawfully residing in the United States on
August 22, 1996, and you are blind or disabled.
5. You may receive SSI for a maximum of seven years from
the date DHS granted you qualified alien status in one of
the following categories, and the status was granted
within seven years of filing for SSI:
~- Refugee admitted to the United States (U.S.)
under section 207 of the Immigration and.
Nationality Act (INA);
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- Asylee admitted to the U.S. under section 208 of
the INA;
~- Alien whose deportation was withheld under
section 243(h) of the INA or whose removal is
withheld under section 241 (b}(3) . of the INA;
~- Admitted as a "Cuban or Haitian entrant" as
defined undersection 501(e) of the Refugee
Education Assistance Act of 1980 or in a status
That into be treated as a "Cuban/Haitian entrant"
for SSI purposes; or
~- "Amerasian immigrant" admitted under section 584
of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act of 1988, as
amended.
IMPORTANT: You may be eligible for SSI beyond the
seven year period if you are in one of these categories,
and you also meet one of the other conditions (1-4) above
or if you qualify for a two year extension under P.L: 110-
328 enacted October 1; 2008, or up to three years under
.the same law if you qualify for and have shown good faith
in pursuing U.S. citizenship, as determined by the .
Department of Homeland Security
Exemption From the August 22, 1996, Law for Certain Non-
Citizen Indians
Certain categories of non-citizens may be eligible for SSI and
are not subject to the August 22; 1996, law. These categories
include:
American Indians born in Canada who were
admitted to the United States under Section 289 of
the LNA; or
~- Non-citizen members of a Federally recognized
Indian tribe. who fall under Section 4{e) of the
Indian Self-Determinatidn and Education
Assistance Act:
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Additional Eligible Alien Categories
Victims of Severe Forms of Human trafficking: You may be
eligible for SSI under certain circumstances if the Department of
Health and Human Services' Office of Refugee Resettlement
and the Department of Homeland Security determines that you
meet the requirements of the Trafficking Victims Protection Act
of 2000.
Iraqi/Afghani Special Immigrants: You may also qualify for SSI
for a period of six to eight months if you are an Iraqi or Afghani.
special immigrant admitted to the United States under P.L. 110-
161 or P.L. 110-181, enacted December 26, 2007:
See the SSI Spotlight on SSI Benefits for Aliens.
P"•-
WHAT IS RESIDENCY?
You must:
a Live in the U.S., District of Columbia; or the Northern
.Mariana Islands with the intent to continue living within
the geographic limits; or
~ Be a child living with a parent in the military service
assigned to permanent duty ashore anywhere outside of
the U.S.; or
L' ~ See the SSI Spotlight on Special SSI Rulesfor
t: Children of Military Personnel Living Overseas.
Be a student temporarily abroad for the purpose of
conducting studies as partof.an educational program.
WHO IS NOT ELIGIBLE FOR SSI?
Some examples of who is nat eligible for SSI include, but are
not limited to:
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SOMEONE WHO IS A FUGITIVE FELON
An individual is ineligible to receive SSI benefits for any month
during which he or she has an unsatisfied arrest warrant for:
~ a felony crime;
~ avoiding custody or confinement after conviction
for a felony crime; or
violating a condition of parole or probation
imposed under Federal or State law.
SSA will continue to pay an individual's benefit if a court of
competentjurisdiction has found the individual not guilty,
dismissed the charges, vacated the warrant for arrest, or issued
any similar exonerafing .order or taken similar exonerating
action. SSA also will continue to pay.an individual's benefit if the
individual was erroneously implicated in connection with the
criminal offense by reason of identity fraud.
Also, SSA may continue to pay an individual's benefit if the
individual establishes that the offenseUnderlying the warrantor
imposition of the probation or parole (as well as the violation of
probation or parole) was both nonviolent and not drug-related
ahd-there were mitigating circumstances for not satisfying the
warrant.
SOMEONE WHO IS IN PRISON OR JAIL
If you are receiving SSI and you go to prison orjail, (this also
includes correctional institutions, such as detention centers,
halfway houses, boot camps, etc.) you are not eligible to receive
SSI for any full calendar month you are incarcerated.
Please see our pamphlet; 'What Prisoners Should Know About
Social Security', or view it online at
www.socialsecurity.gov/pubs/90133.hfml if you want more
information about how being in jail or prison affects your SSI
benefits.
In most instances, you can apply for SSI benefits and food
stamps several months before you expect to be released from
prison orjail. Seethe SSI spotlight on the Prerelease
Procedure.
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SOMEONE WHO IS IN A PUBLIC INSTITUTION
If you are in any institution for a whole month that is run by a
Federal, State or local government, you are not eligible for SSl
for that month unless an exception applies. If you expect fo
leave the institution, you may use the prerelease procedure
described in the SSI spotlight on the Prerelease Procedure.
.SOMEONE WHO GIVES AWAY RESOURCES
If you give away a resource or sell it for less than it is worth iri
order to reduce your resources below the SSI resource limit,
you may be ineligible for SSI forup fo 36 months.
"-'I See SSI RESOURCES and the SSI Spotlight on
'~`- Transfers of Resources.
SOMEONE WHO IS ANON-CITIZEN SSI BENEFICIARY
WHO FAILS TO MEET THE ALIEN STATUS
REQUIREMENTS
~- If you are receiving SSI as anon-citizen and you
lose your status as an eligible. alien, you are not
eligible to receive SSI. For example, your SSI will
stop if you lose your status as a Qualified alien
because there is an active warrant for your
deportation or removal from the U.S.
~- If you area Qualified alien but you no longer- meet
one of the conditions that allow SSI eligibility for
qualified aliens, then your SSl benefits will stop.
SOMEONE WHO IS AN SSI BENEFICIARY WHO IS ABSENT
FROM THE U.S. fOR A FULL CALENDAR MONTH OR
MORE THAN 30 CONSECUTIVE DAYS
Except for certain students temporarily abroad for study
purposes or a child of military parehts stationed overseas, an
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individual is not eligible for SSI benefits for any month during a(I
of which he or she has been outside the U.S. Once an individual
has been outside the U.S. for 30 consecutive days or longer, he
or she must be back in the U.S. for 30 consecutive days to be
eligible for SSI benefits.
THIS INFORMATION IS GENERAL. FOR MORE INFORMATION, CALL 1-800-772-1213 (TTY 1-800-325-
0778), OR CONTACT YOUR LOCAL SOCIAL SECURITY OFFICE.
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WHAT IS SUBSTANTIAL GAINFUL ACTIVITY?
The term substantial gainful activity describes a level of work activity that is both substantial
and gainful. Substantial work activity involves performance of significant physical or mental
duties, or a combination of both, which are productive in nature. For activity to be substantial
it need not necessarily be performed on a full-fime basis; work activity performed on a part-
time basis may also be substantial
Gainful activity is work performed for pay or profit; or work of a nature generally performed
for pay or profit, whether or not a profit is realized.
For SSI purposes, the substantial gainful activity provision does not apply to blind individuals.
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