12 CCR s 343.1

Cal. Admin. Code tit. 12, s 343.1

CALIFORNIA CODE OF REGULATIONS
TITLE 12. MILITARY AND VETERANS AFFAIRS
DIVISION 2. DEPARTMENT OF VETERANS' AFFAIRS
CHAPTER 2. VETERANS' FARM AND HOME PURCHASES
SUBCHAPTER 3. CONTRACT AND OTHER TERMS
This database is current through 12/22/06, Register 2006, No. 51.
s 343.1. Occupancy Waiver; Policy

(a) The occupancy waiver shall apply to all contract purchasers, including
veterans and non-veterans alike. Any case which does not meet departmental
policy as specified below in Section 343.1(b) must be approved in writing
by the Regional Manager.

(b) Upon showing good cause, a waiver of occupancy shall be granted on a
year-to-year basis, or other lesser period at the discretion of the
Department.

Good cause shall be deemed to exist when:

(1) The contract purchaser temporarily moves to another location
for the convenience of the contract purchaser's employer, or to
accept other employment; or

(2) The illness of the contract purchaser or a member of the
contract purchaser's immediate family as defined in Military and
Veterans Code Section 987.53 temporarily requires a move to another
location; or

(3) The contract purchaser reenters the active military, naval, or
air service, and the waiver shall be effective for the period of
such service and for ninety (90) days beyond the period of such
service to reoccupy the property; or

(4) The contract purchaser temporarily moves to another location to
attend an educational institution which must be situated outside a
75 mile radius of the residence and the educational institution; or

(5) The State Department of Health Services determines that health
hazards on the farm, home, or mobilehome property or adjacent
property render the farm, home, or mobilehome unsuitable for
occupancy in which case the waiver shall be effective for as long as
those conditions exist; or

(6) The contract purchaser has experienced, suffered, or is
threatened with a series of events or occurrences which, in the sole
discretion of the Department, render the property unsuitable for
occupancy or make it impractical for the contract purchaser to
occupy the property in which case the waiver shall be effective for
as long as the events or occurrences exist; or

(7) The contract purchaser lists the property for sale on the open
market at a fair market price and makes reasonable attempts to
consummate the sale of the property.

Note: Authority cited: Section 700, Military and Veterans Code.
Reference: Sections 980, 987.53, 987.57, 987.62, 987.63 and 987.721,
Military and Veterans Code.

HISTORY

1. New section filed 8-24-94; operative 9-23-94 (Register 94, No. 34).

2. Editorial correction amending subsection (b)(4) (Register 94, No. 42).

12 CCR s 343.1, 12 CA ADC s 343.1
1CAC

12 CA ADC s 343.1

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