1. (a) The occupancy waiver shall apply to all contract purchasers, including veterans and non-veterans alike. Any case which does not meet Home Loan Division policy as specified below in Section 343.1(b) must be approved in writing by a CalVet authorized manager.

2. (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 Home Loan Division.

   1. (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. (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. (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. (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. (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. (6) The contract purchaser has experienced, suffered, or is threatened with a series of events or occurrences which, in the sole discretion of the Home Loan Division, 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. (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.

   Good cause shall be deemed to exist when:

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).

3. Amendment of subsections (a)-(b) and (b)(6) filed 3-24-2026; operative 7-1-2026 (Register 2026, No. 13).