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Author Topic: A law reguiring resident managers at any apartment with 16 or more units.  (Read 16761 times)
 
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The valetudinarian
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« on: March 30, 2008, 07:45:07 PM »

The definition of "reside" is to live at the apartment.

Cal. Admin. Code tit. 25, s 42
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER 1. STATE HOUSING LAW REGULATIONS AND EARTHQUAKE PROTECTION LAW
REGULATIONS
SUBCHAPTER 1. STATE HOUSING LAW REGULATIONS
ARTICLE 5. EXISTING BUILDINGS
This database is current through 01/06/2006, Register 2006, No. 01.

s 42. Caretaker.

A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are 16 or more apartments, and of every hotel in which there are 12 or more guest rooms, in the event that the owner of an apartment house or hotel does not reside upon said premises. Only one caretaker would be required for all structures under one ownership and on one contiguous parcel of land. If the owner does not reside upon the premises of any apartment house in which there are more than four but less than 16 apartments, a notice stating the owner's name and address, or the name and address of the owner's agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.


Note: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and Safety Code. Reference: Sections 17910-17995, Health and Safety Code.
 HISTORY
   
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004,
No. 26).
 25 CA ADC s 42

END OF DOCUMENT
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« Reply #1 on: March 30, 2008, 09:57:21 PM »

Thanks for posting that documentation V  Wink

So, we should expect to find lodging provided to at least one employee at apartment complexes with 16 or more units.  If I'm reading this correctly, it looks like a policyholder could have three 20-unit apartment complexes next to each other but only provide lodging for one employee.

In the case of hotels - does that include large hotels also, such as the Ritz Carlton, etc.?
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« Reply #2 on: December 30, 2008, 04:19:28 PM »

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Here's a copy of the law
from the CA Code of Regulations, Department of Housing and Community Development.
Quote
Article 5, Section 42. Caretaker.
A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have
charge of every apartment house in which there are 16 or more apartments, and of every hotel in which there are
12 or more guest rooms, in the event that the owner of any such apartment house or hotel does not reside upon
said premises. Only one caretaker would be required for all structures under one ownership and on one
continuous parcel of land. If the owner does not reside upon the premises of any apartment house in which
there are more than four but less than 16 apartments, a notice stating his name and address, or the name and
address of his agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.

I'm not able to verify this, but I think large hotels (such as your Ritz Carlton example) have employees working around the clock and might possibly be exempt from the requirement to maintain a resident employee.
« Last Edit: January 05, 2009, 02:52:49 PM by AuditorBob, Reason: add quote of Section 42 » Logged

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« Reply #3 on: April 21, 2009, 06:55:37 PM »

Here's a link to the You must login to view links.
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online California Code of Regulations (CCR)
.  Click the link to Search for a Specific Regulatory Section, then enter Title 25  & Section 42.
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« Reply #4 on: July 09, 2012, 05:44:36 PM »

Interesting post You must login to view links.
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here
regarding Resident Managers.
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« Reply #5 on: December 03, 2014, 02:03:05 PM »

Per my discussion with a Codes and Standards Administrator at the Department of Housing and Community Development:

1. Per the Code of Regulations Article 5, Section 42. Caretaker, "Only one caretaker would be required for all structures under one ownership and on one continuous parcel of land."

   a. How does the HCD define the terms:
      • one ownership -– code interpretations have not dealt with this to the extent WC does, however, same owner can be an
        individual, or partnership (PTNR or LLP).

      • one continuous parcel of land –- code interpretations define one parcel as, “One or more legally defined lots which are
        contiguous or in close proximity (across the street, etc.).”


   b. Would two 14-unit apartment buildings located next to each other and having the same ownership be considered one
       continuous parcel if the two apartment buildings had separate assessor's parcel numbers?  -- One could argue this,
       however, parcel numbers are for the purpose of assessing property taxes, not determining whether or not a resident
       manager is required.  This has not been specifically addressed in the interpretations, but multiple interpretations deal with
       the issue of defining what constitutes a continuous parcel.

2. What happens if an apartment owner fails to provide a caretaker according to this provision in the Code? -- Residents can file a complaint with the local code enforcement agency which may or may not contact the Department of Housing and Community Development for assistance.  Local ordinances may be more restrictive (may require caretaker for less than 16 units, etc.; You must login to view links.
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West Hollywood’s
rent control ordinance allows residents to apply for a rent decrease hearing if no caretaker is maintained).  When several people are living together in a building, the owner needs to be able to respond to emergency situations (plumbing, electrical, pest/insect infestations, etc.) promptly.

Code interpretations are not available on-line, however, they are public record and can be obtained via request.

Managers are not required to reside as long as there is 24-hour coverage by desk clerks, etc.
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