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(b) (1) "Employee housing," as used in this part, also includes any portion of any
<br /> housing accommodation or property upon which housing accommodations are located, if
<br /> all of the following factors exist:
<br /> (A) The housing accommodations or property are located in any rural area, as
<br /> defined by Section 50101.
<br /> (B) The housing accommodations or property are not maintained in connection
<br /> with any work or work place.
<br /> (C) The housing accommodations or property are provided by someone other than
<br /> an agricultural employer, as defined in Section 1140.4 of the Labor Code.
<br /> (D) The housing accommodations or property are used by five or more agricultural
<br /> employees of any agricultural employer or employers for any of the following:
<br /> (i) Temporary or seasonal residency.
<br /> (ii) - Permanent residency, if the housing accommodation is a mobilehome,
<br /> manufactured home, travel trailer, or recreational vehicle.
<br /> (iii) Permanent residency, if the housing accommodation is subject to State Housing
<br /> Law and is more than 30 years old and at least 51 percent of the structures in the housing
<br /> accommodation, or 51 percent of the accommodation if not separated into units, are
<br /> occupied by agricultural employees.
<br /> (2) "Employee housing," as defined by this subdivision, does not include a hotel,
<br /> motel, inn, tourist hotel, or permanent housing as defined by subdivision (d) of Section
<br /> 17010, which has not been maintained, prior to January 1, 1984, or is not maintained on
<br /> or after that date, as employee housing, as defined in subdivision (a).
<br /> (3) If at any time prior to January 1, 1984, a housing accommodation was employee
<br /> housing, as defined in subdivision (a), and on or after January 1, 1984, was employee
<br /> housing, as defined in this subdivision, the owner and operator shall comply with all
<br /> requirements of this part. The owner and operator of any other housing accommodation
<br /> which is employee housing pursuant to this subdivision shall be subject to the licensing and
<br /> inspection provisions of this part and shall comply with all other provisions of this part,
<br /> except that if any portion of the housing accommodation is held out for rent or lease to the
<br /> general public, the construction and physical maintenance standards of the housing
<br /> accommodation shall be consistent with the applicable provisions of the State Housing Law,
<br /> Part 1.5 (commencing with Section 17910), the Mobilehome-Manufactured Homes Act,
<br /> Part 2 (commencing with Section 18000); or the Mobilehome Parks Act, Part 2.1
<br /> (commencing with Section 18200). The owner or operator of the employee housing shall
<br /> designate all units or spaces which are employee housing, as defined in this subdivision, for
<br /> the purpose of inspection and licensing by the enforcement agency, subject to confirmation
<br /> by the enforcement agency, based on all relevant evidence.
<br /> (c) "Employee housing" does not include employee community housing, as defined
<br /> by Section 17005.5, which has been granted an exemption pursuant to Section 17031.3;
<br /> housing, and the premises upon which it is situated, owned by a public entity; or privately
<br /> owned housing, including ownership by a nonprofit entity, and the premises upon which it
<br /> is situated, financed with public funds equaling 50 percent or more of the original
<br /> development or purchase cost.
<br /> (d) "Employee housing" means the same as "labor camp," as that term may be used
<br /> in this or other codes and, notwithstanding any local ordinance to the contrary in a general
<br /> law or charter city, county, or city and county, shall be deemed a residential use if it exists
<br /> 4 1/1/93
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