8255.
For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257.
(b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.
(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.”
(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.
(5) Participation in services or program compliance is not a condition of permanent housing tenancy.
(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in the Civil, Health and Safety, and Government Codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.
(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) (A) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.
(B) State departments or agencies may allow programs to fund supportive-recovery residences, as defined in Section 11999.45 of the Health and Safety Code, that have been certified pursuant to Section 11999.50 of the Health and Safety Code, and use substance-use-specific, peer support, and physical design features supporting individuals and families on a path to recovery from addiction that emphasizes abstinence and promotes self-determination in the recovery process, so long as the state program meets all of the following requirements:
(i) At least 90 percent of program funds awarded to each jurisdiction from a notice of funding availability is used for housing or housing-based services using a harm-reduction model.
(ii) The state program shall require a grantee under the program, prior to awarding subgrants, to confirm that the subgrantee has achieved successful outcomes in promoting housing retention, similar to rates of housing retention as harm-reduction programs.
(iii) The state program shall require a grantee under the program, prior to awarding subgrants, to confirm that the subgrantee’s services support, and do not prevent or restrict, access to prescribed medications, including for mental health and substance use disorders.
(iv) The state performs periodic monitoring of select recovery housing programs to ensure that the supportive-recovery residence complies with the following:
(I) The supportive-recovery residence otherwise complies with all other components of Housing First in this section, including low barrier to entry.
(II) Participation in a program is self-initiated.
(III) Core outcomes emphasize long-term housing stability and minimize returns to homelessness.
(IV) Policies and operations ensure individual rights of privacy, dignity and respect, and freedom from coercion and restraint, as well as continuous, uninterrupted access to the housing.
(V) Holistic services and peer-based recovery supports are available and directly communicated to all program participants along with services that align with participants’ choice and prioritization of personal goals of sustained recovery and abstinence from substance use.
(VI) The housing abides by local and state landlord-tenant laws governing grounds for eviction.
(VII) Relapse is not cause for eviction from housing and tenants receive relapse support.
(VIII) Eviction from a supportive-recovery residence shall only occur when a tenant’s behavior substantially disrupts or impacts the welfare of the recovery community in which the tenant resides. A tenant may apply to reenter the housing program if expressing a renewed commitment to living in a housing setting targeted to people in recovery with an abstinence focus. Presence of a roommate or roommates shall not be a valid basis for eviction.
(IX) If a tenant is no longer interested in living in a supportive-recovery residence with an abstinence focus, is at risk of eviction, or is discharged from the program, the tenant shall reside in the supportive recovery residence until the operator secures the tenant a new permanent housing placement option operated with harm-reduction principles that is also permanent housing. If an eviction proceeding is initiated for an alleged violation of a lease provision agreement as described in subclause (VIII), the subgrantee shall submit documentation of the alleged lease violation to the local continuum of care and any other grantor.
(X) The individual or family is also offered at least one harm-reduction housing placement option and the individual or family chooses a supportive recovery residence over housing offering a harm-reduction approach. The harm-reduction housing placement option and the supportive recovery residence do not have to be available for move in at the same time.
(XI) Supportive housing and services shall support, and shall not prevent or restrict, a resident’s access to and use of medications prescribed for behavioral or physical health conditions. This includes, but is not limited to, medications prescribed for the treatment of mental health conditions and substance use disorders, including alcohol use disorder and opioid use disorder. Medications may include, but are not limited to, buprenorphine, methadone, and naltrexone.
(XII) Supportive housing and services shall provide overdose prevention and response training to staff and residents and shall make overdose reversal medication available and readily accessible to staff and residents on site.
(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment, and the housing otherwise meets the core components identified in this section.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, and decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing emergency shelter, interim housing, housing, or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
(f) “Supportive-recovery residence” has the same definition as in Section 11999.45 of the Health and Safety Code.