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HEALTH AND SAFETY CODE
SECTION 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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