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2005 California Health and Safety Code Sections 34900-34919 Article 4. Powers and Duties of the Commission
HEALTH AND SAFETY CODESECTION 34900-34919
34900. The commission may order any corporation to make at its expense the repairs and improvements which will preserve or promote the health and safety of the occupants of buildings owned or operated by it. 34901. The commission may order any corporation to do acts necessary to comply with, or to refrain from doing acts in violation of, law, regulations of the commission, or the terms of any project approved by the commission. 34902. The commission may examine the corporation and keep informed as to its general condition, its capitalization, and the manner in which its property is constructed, leased, sold, operated, or managed. 34903. The commission may investigate the affairs of a corporation and its dealings, transactions, or relationships with other persons. 34904. Either through its members or agents duly authorized by it, the commission may enter upon and inspect the property, equipment, buildings, plants, offices, apparatus, and devices of a corporation, and examine all of its books, contracts, records, documents, and papers. 34905. The commission may prescribe uniform methods and forms of keeping corporation accounts, records, and books and by order prescribe accounts in which particular outlays and receipts shall be entered, charged, or credited. 34906. The commission may require a corporation to file with it periodic reports setting forth information required by the commission, verified by the oath of the president, general manager, receiver, or other person required to file it. The report shall be in the form, cover the period, and be filed at the time prescribed by the commission. The commission may require specific answers to questions upon which it desires information. 34907. The commission may make, amend, and repeal regulations for carrying this chapter into effect. 34908. The commission may conduct any investigation provided for by this chapter or appoint a person or committee of one or more commission members to do so. 34909. To carry out the purposes of this chapter, each member of the commission has the powers conferred upon the head of a department by Article 2, Chapter 2, Part 1, Division 3, Title 2 of the Government Code. 34910. The commission may charge and collect from a corporation reasonable fees in accordance with rates established by the regulations of the commission: (a) For the examination of plans and specifications and the supervision of construction, in an amount not to exceed one-half of 1 percent of the estimated cost of the project. (b) For any investigation made upon application of a corporation for any act done by the commission, or its employees, in performance of their duties under this chapter, an amount reasonably calculated to meet the expenses of the commission incurred in the investigation. The commission may authorize a corporation to include such fees as part of the actual cost of a project. 34911. The commission shall fix and may revise the maximum rental per room charged the tenants of the housing accommodations furnished by the corporation, determined upon the basis of the actual cost of the project so that the rentals and all other income of the corporation will be sufficient to meet all fixed charges, dividend and interest requirements, and other charges of the corporation approved by the commission. 34912. The commission shall fix the price, terms of payment, rate of interest on deferred payments, and all other charges. The sale price shall be determined upon the basis of actual cost of the project so that the income from sales with other income of the corporation will be sufficient to meet and repay the actual cost and fixed charges. Such prices, interest, and other charges may be revised with the approval of the commission. 34913. The commission shall make reasonable rules regarding the resale, leasing, or subletting of property after a sale by the corporation, to prevent undue speculation in the property. The rules shall be in effect until the full purchase price and all outstanding obligations have been paid to the corporation. 34914. Upon application submitted in the manner required for the original project, the commission may permit the consolidation of two or more approved projects, the extension or amendment of any approved project, or the consolidation of any approved project with a proposed project. The commission shall not give its consent unless it is shown to its satisfaction that the consolidated or extended project is one that can be successfully operated pursuant to this chapter. The permissible rents, sales prices, and other charges may be average throughout the consolidated or extended project. The commission may likewise permit or decline to permit any corporation to organize and operate more than one project or to take over any project approved by the commission and to operate it independently of its other projects. 34915. The commission may bring a proceeding against any corporation to enforce the provisions of this chapter or of any order, permit, license, demand, or requirement of the commission, or to restrain their violation or threatened violation or compel the performance of any act required by them. The proceeding shall be brought in the name of the people of the State of California, in the superior court of the county in which the corporation has its principal place of business. 34916. Every order, decision, permit, or other official act of the commission is subject to review pursuant to law within 20 days after its rendition. The burden of proof lies upon the appellant and the court shall receive and consider any pertinent oral or documentary evidence concerning the action of the commission under review. The court shall consider and determine only the question of whether there has been an abuse of discretion by the commission. 34917. If a mortgagee, trustee, or beneficiary commences foreclosure proceedings under a mortgage or deed of trust, a copy of the complaint or notice of breach and intention to sell shall be served upon the commission within 30 days of the filing of the complaint or the recording of the notice. Upon receipt of the copy, the commission shall immediately take the steps it deems necessary to protect the rights of all parties. If a limited dividend housing corporation bids and pays for the property at any sale in such action or under such power of sale a price sufficient to cover court costs and all liens or charges on the property, with interest, the property shall be sold to such corporation; otherwise the property may be sold free of all restrictions imposed by this chapter. 34918. When a corporation subject to the supervision of the Division of Banking or the Division of Insurance in the Department of Investment, or the Federal Government or any of its agencies has loaned on a mortgage or deed of trust which is a lien upon the property of a limited dividend housing corporation, Section 34917 does not apply, except that the commission shall be notified of any foreclosure proceedings and shall take all steps necessary to protect the rights of all parties. 34919. In the event of a judgment against a corporation in any action not pertaining to the collection of an indebtedness secured by mortgage or deed of trust, there shall not be a sale of any of its real property except upon 60 days' written notice to the commission. Upon receipt of such notice the commission shall take such steps as in its judgment are necessary to protect the rights of all parties.
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