Cal. Code Regs. Tit. 21, § 1478 - Soliciting Occupant and Tenant Interest to Buy

(a) Soliciting Interest. The Department will solicit the interest of Occupants, Tenants, and former Tenants to purchase Surplus Residential Properties in which they live or have previously lived by:

(1) sending a letter by certified mail to Occupants and Tenants of Single-Family Residences; and

(2) sending a letter by certified mail to the last address known to the Department for former Tenants; and

(3) posting a notice on the Department's website.

(b) Response to Letter. Written responses to the Department from Occupants, Tenants, and former Tenants shall be postmarked no later than 30 calendar days after the postmarked date of the letters sent pursuant to (a)(1) and (a)(2).

(c) Response to Publication. Written responses to the Department from former Tenants who did not receive a letter by certified mail from the Department shall be postmarked no later than 30 calendar days from the last day of the published notices described in (a)(3).

(d) Required Contents of Response. A written response shall include:

(1) the name of every Occupant, Tenant, or former Tenant who is providing the written response; and

(2) a valid mailing address for the Occupant, Tenant, or former Tenant; and

(3) the address of the Surplus Residential Property the Occupant, Tenant, or former Tenant wants to purchase.

(e) Optional Contents of Response. A written response may include:

(1) a valid telephone number for the Occupant, Tenant, or former Tenant;

(2) a valid email address for the Occupant, Tenant, or former Tenant.

(f) Timely Responses. The Department will acknowledge receipt of a written response if the written response contains all the information required by (d) and was sent within the applicable time required by either (b) or (c), as applicable.

(g) Late and Incomplete Responses. An Occupant, Tenant, or former Tenant waives any opportunity to purchase at Priorities 0, 1, 2, 6 and 7 if their written response:

(1) is provided after the times required in (b) or (c), as applicable; or

(2) does not provide all the information required in (d).

Notes

Cal. Code Regs. Tit. 21, § 1478

1. New section filed 7-26-2016; operative 7-26-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.
3. Pursuant to Government Code section 54239.5(e)(3), as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance must be transmitted to OAL by 9-30-2024 or language of the emergency order of 12-13-2021 (Register 2021, No. 51) will be repealed by operation of law on the following day (Register 2023, No. 27).

Note: Authority cited: Section 54237, Government Code. Reference: Sections 54236 and 54237, Government Code.

1. New section filed 7-26-2016; operative 7/26/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12/13/2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.