(a) “Employee housing,” as used in this part, means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:

1. (1) The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.
2. (2) The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.

(b)

1. (1) Except as provided in paragraphs (2) and (3), “employee housing,” as used in this part, also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist:

   1. (A) The housing accommodations or property are located in any rural area, as defined by Section 50101.
   2. (B) The housing accommodations or property are not maintained in connection with any work or workplace.
   3. (C) The housing accommodations or property are provided by someone other than an agricultural employer, as defined in Section 1140.4 of the Labor Code.

   4. (D) The housing accommodations or property are used by five or more agricultural employees of any agricultural employer or employers for any of the following:

      1. (i) Temporary or seasonal residency.
      2. (ii) Permanent residency, if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle.
      3. (iii) Permanent residency, if the housing accommodation is subject to the State Housing Law and is more than 30 years old and at least 51 percent of the structures in the housing accommodation, or 51 percent of the accommodation if not separated into units, are occupied by agricultural employees.

2. (2) “Employee housing” does not include a hotel, motel, inn, tourist hotel, multifamily dwelling, or single-family house if all of the following factors exist:

   1. (A) The housing is offered and rented to nonagricultural employees on the same terms that it is offered and rented to agricultural employees.
   2. (B) None of the occupants of the housing are employed by the owner or property manager of the housing or any party with an interest in the housing.
   3. (C) None of the occupants of the housing have rent deducted from their wages.
   4. (D) The owner or property manager of the housing is not an agricultural employer as defined in Section 1140.4 of the Labor Code, or an agent, as it relates to the housing in question, of an agricultural employer.
   5. (E) Negotiation of the terms of occupancy of the housing is conducted between each occupant and the owner of the housing or between each occupant and a manager of the property who is employed by the owner of the housing.
   6. (F) The occupants are not required to live in the housing as a condition of employment or of securing employment and the occupants are not referred to live in the housing by the employer of the occupants, the agent of the employer of the occupants, or an agricultural employer as defined in Section 1140.4 of the Labor Code.
   7. (G) The housing accommodation was not at any time before January 1, 1984, employee housing as defined in subdivision (a).
3. (3) “Employee housing,” as defined by this subdivision, does not include a hotel, motel, inn, tourist hotel, or permanent housing as defined by subdivision (d) of Section 17010, that has not been maintained, before January 1, 1984, or is not maintained on or after that date, as employee housing, as defined in subdivision (a).