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Employee Housing

Program History (Return to E.H. Main Page)

In 1913, the California Legislature created the Commission of Immigration and Housing for the primary purpose of expediting the distribution of immigrants and blending them into California's society. Due to a riot in an agricultural camp, the Commission investigated the cause of the riot and discovered substandard living conditions and inadequate housing. The Commission recommended adoption of laws that provided for additional housing and established sanitation requirements for labor camps. The Commission's recommendations later became the Labor Camp Act in 1915. Enforcement responsibility for the Labor Camp Act was transferred from the Commission of Immigration and Housing to the Department of Industrial Relations, Division of Housing, on July 29, 1927.

In 1937, the Legislature established the California Labor Code which included the provisions of the Labor Camp Act. In 1965, the Legislature repealed the Labor Camp Act and enacted the Employee Housing Act. The new Act regulated maintenance, use, and occupancy of mobilehomes in labor camps, authorizing adoption of regulations, and required permanent buildings to comply with the State Housing Law. Also in 1965, responsibility for enforcement of the Employee Housing Act was transferred from the Department of Industrial Relations to the Department of Housing and Community Development, where it remains today.

On February 22, 1973, the Employee Housing regulations were repealed from Title 8 and adopted into Title 25 of the California Code of Regulations, beginning with Section 600. Legislation, effective January 1, 1977, defined "Seasonal" and "Permanent Housing" labor camps. This legislation also established an exemption from the annual permit to operate requirement for qualifying permanent housing labor camps. This exemption allows an operator to obtain a permit to operate for as many as five years based on the enforcement agency's evaluation of the permanent housing facility.

Legislation enacted during the 1980s greatly enhanced an enforcement agency's ability to bring illegal labor camps and/or non-compliant employee housing facilities into compliance with the Employee Housing Act.

  • Senate Bill 458 (Statutes of 1983) became effective January 1, 1984, and added Health and Safety Code Section 17008 which expanded the definition of a labor camp. The purpose of this statute was to address the growing abuse where employers were avoiding the law requiring a permit to operate by allowing relatives or labor contractors to own and operate housing that otherwise was defined as a labor camp.
  • Senate Bill 459 (Statutes of 1983) became effective January 1, 1984 amending Health and Safety Code Section 17060 adding increased fines and a requirement that court ordered fines over $500 be paid to the enforcement agency that brought the action to enforce the Employee Housing Act.
  • Senate Bill 2164 (Statues of 1986) created Health and Safety Code 17056 directing the Department of Housing and Community Development to survey the state for illegal labor camps. This statute increased civil penalties, required the tenants to be notified of violations, required prosecution of serious offenders, and permits court appointed receivership to the enforcement agency.

In 1991, legislation authored by Assemblyman Polanco provided felony penalties for persons willfully violating or causing violation of the Employee Housing Act which resulted in personal injury to any person. Additional legislation during the early 1990's redefined the term "Labor Camp" to "Employee Housing" and amended eighteen (18) other statutes providing protection to employees and encouraging the construction and maintaining of employee housing. One such amendment provides that employee housing occupied by six (6) or fewer employees in a single family structure, shall be treated the same as a family dwelling of the same type in the same zone. This same legislation also amended an existing statute to allow housing accommodating twelve (12) or fewer employees to be viewed as having an agricultural land use designation requiring that the housing be treated the same as any other agricultural activity in the same zone.