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Subchapter 5. Administration. Article 5. Housing. Cancellation, Vacating, or Revocation -Obligation of the Licensee.   

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The following table indicates the obligation of the licensee (as specified in Subsection C of this Section 42019) under conditions of cancellation, vacating or revocation.

Amount of

Obligation

A. Prior to beginning of fee period.

1. Request by licensee to cancel reservation.

a. with 30-day notice ....................................... 1

b. with less than 30-day notice

1) president waives notice ............................ 1

2) president does not waive notice but

does grant request to cancel .......................... 3

3) president does not waive notice and

does not grant request to cancel ...................... 2

2. Revocation of reservation by the president,

all instances .................................................. 1

B. On or after beginning of fee period

1. Request by a licensee to vacate

a. with 30-day notice

1) president approves the request ..................... 3

2) president denies the request ....................... 4

b. with less than 30-day notice

1) president approves the request and

waives notice ......................................... 5

2) president approves the request but full notice ..... 3

3) president denies the request ....................... 4

2. Revocation of license by the president.

a. as a result of disciplinary pursuant to

Sections 41301-41304 of Article 2 of

Subchapter 4 of this Chapter ................................ 4

b. because of administrative necessity....................... 5

c. because licensee is no longer a student

(other than pursuant to discipline):

1) academically dismissed.............................. 5

2) all other withdraws:

a) with 30-day notice of withdraw ............... 3

b) with less than 30-day notice of withdraw

(1) president waives notice ............... 5

(2) president does not waive notice ............ 3

d. breach of terms or conditions of the license,

including nonpayment of fees ................................ 4

C. Amount of obligation to the licensee.

1. Licensee has no financial obligation other than the non-refundable service fee.

2. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license.

3. Except as provided in Subsection D of this Section, licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period, through the end of the required notice period, plus any charge authorized by Section 42021 of this Article.

4. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license, plus any charge authorized by Section 42021.

5. Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period through the last day of occupancy, plus any charge authorized by Section 42021.

D. Mitigation. The campus president or designee shall minimize the obligation of a Licensee by applying a prorated credit for each day during the fee period that the campus has been able to cover its damages. Factors to be considered in determining whether the campus has been able to cover its damages for purposes of this Subsection may include, but not be limited to:

(1) whether the campus is able to re-license the student housing facility to someone else prior to the end of the fee period;

(2) the amount of the fee at which the student housing facility is re-licensed;

(3) the vacancy rate of the residence hall (or other state owned or operated dwelling) within which the housing facility is located; and

(4) financial considerations of the campus housing system.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89700

Education Code 90012

Reference:

Education Code 90000

(Amended by Register 2007, No. 34.)