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(Iii) None of the occupants of the housing have rent deducted from their wages.
<br /> (iv) The owner or property manager of the housing is not an agricultural employer as
<br /> defined in Section 1140.4 of the Labor Code, or an agent, as It relates to the housing in
<br /> question, of an agricultural employer.
<br /> (v) Negotiation of the terms of occupancy of the housing Is conducted between each
<br /> occupant and the owner of the housing or between each occupant and a manager of the
<br /> property who is employed
<br /> by the owner of the housing.
<br /> (vi) The occupants are not required to live in the housing as a condition of employment or of
<br /> securing employment and the occupants are not referred to live in the housing by the
<br /> employer of the occupants, the agent of the employer of the occupants, or an agricultural
<br /> employer as defined in Section 1140.4 of the Labor Code.
<br /> (vii) The housing accommodation was not at any time prior to January 1, 1984, employee
<br /> housing as defined in subdivision (a).
<br /> (2) "Employee housing," as defined by this subdivision, does not include a hotel, motel, inn,
<br /> tourist hotel, or permanent housing as defined by subdivision (d) of Section 17010, which
<br /> has not been maintained, prior to January 1, 1984, or is not maintained on or after that
<br /> date, as employee housing, as defined in subdivision (a).
<br /> (3) If at any time prior to January 1, 1984, a housing accommodation was employee
<br /> housing, as defined in subdivision (a), and on or after January 1, 1984, was employee
<br /> housing, as defined in this subdivision, the owner and operator shall comply with all
<br /> requirements of this part. The owner and operator of any other housing accommodation
<br /> which is employee housing pursuant to this subdivision shall be subject to the licensing and
<br /> Inspection provisions of this part and shall comply with all other provisions of this part,
<br /> except that if any portion of the housing accommodation is held out for rent or lease to the
<br /> general public, the construction and physical maintenance standards of the housing
<br /> accommodation shall be consistent with the applicable provisions of the State Housing Law,
<br /> Part 1.5 (commencing with Section 17910), the Mobilehome-Manufactured Homes Act, Part
<br /> 2 (commencing with Section 18000); or the Mobilehome Parks Act, Part 2.1 (commencing
<br /> with Section 18200). The owner or operator of the employee housing shall designate all
<br /> units or spaces which are employee housing, as defined in this subdivision, for the purpose
<br /> of inspection and licensing by the enforcement agency, subject to confirmation by the
<br /> enforcement agency, based on all relevant evidence.
<br /> (c) "Employee housing" does not include employee community housing, as defined by
<br /> Section 17005.5, which has been granted an exemption pursuant to Section 17031.3;
<br /> housing, and the premises upon which it is situated, owned by a public entity; or privately
<br /> owned housing, including ownership by a nonprofit entity, and the premises upon which it is
<br /> situated, financed with public funds equaling 50 percent or more of the original development
<br /> or purchase cost.
<br /> (d) "Employee housing" means the same as "labor camp," as that term may be used in this
<br /> or other codes and, notwithstanding any local ordinance to the contrary in a general law or
<br /> charter city, county, or city and county, shall be deemed a residential use if it exists in
<br /> structures that are single-family houses or apartment houses as those terms are used in th
<br /> State Housing Law (Part 1.5 (commencing with Section 17910)).
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