HomeMy WebLinkAboutResolution - 2779 STATE OF CALIFORNIA ) RESOLUTION NO. 2779
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO APPROVING AND ADOPTING RULES
AND REGULATIONS FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW AND
REAL PROPERTY ACQUISITION GUIDELINES
WHEREAS, the City of San Jacinto (the "City") has the power to acquire
real property; and
WHEREAS, such activities have the potential to cause displacement of
persons, families, and businesses; and
WHEREAS, the City is a public entity formed under the provisions of state
law that is required to adhere to the California Relocation Assistance Law,
Government Code Section 7260, et seq. (the "CRAL") and the Relocation
Assistance and Real Property Acquisition Guidelines, 25 California Code of
Regulations, Section 6000, et sec. (the "State Guidelines"); and
rr. WHEREAS, the City desires to adopt 'Rules and Regulations for
Implementation of the California Assistance Law and Real Property Acquisition
Guidelines" applicable to its property acquisition activities; and
WHEREAS, California Government Code Section 7267.8(a) requires all
public entities to adopt rules and regulations to implement payments and to
administer relocation assistance pursuant to the CRAL and the State Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Jacinto, California, as follows:
SECTION 1: Adoption. The City Council ("Council") hereby adopts the
Rules and Regulations for Implementation of the California
Relocation Assistance Law and Real Property Acquisition
Guidelines, as set forth in full in Exhibit "A" attached to this
Resolution and incorporated herein by reference, as its
rules and regulations ("Rules and Regulations"). The
Rules and Regulations are adopted pursuant to Section
7267.8(a) of the California Government Code in order to
implement payments and administer relocation assistance
as required under the CRAL and the State Guidelines. All
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Page I or3
prior rules and regulations implementing the CRAL or the
State Guidelines are hereby repealed.
SECTION 2: Amendment. To the extent the State Guidelines may be
amended or supplemented, this Resolution shall be
deemed to have incorporated such amendment or
supplement without any further action by the City Council.
SECTION 3: Effective Date. This Resolution shall be effective
immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of August, 2005,
by the following vote:
Ayes: Ayres, Shaw, Stubblefield, Carlson Buydos
Nays: None
Absent: Ritchie
Abstain: None
City of San Jjpcinto
Chris Carlson Buydos, Mayor
ATTEST:
orothy C uinard, City Clerk
APP E FORM:
i y Attorney, City of San Jacinto
Best, Best & Krieger, LLP
Page 2 ors
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
COUNTY OF RIVERSIDE
I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do
hereby certify that the above and foregoing is a full, true, and correct copy of
Resolution No. 2779 of the City Council of the City of San Jacinto, California, at a
Regular Meeting held August 4, 2005, and that the same has not been amended
or repealed.
Witness my hand and official seal this 19`" day of August, 2005.
rothy L. C uinard, City Clerk
PagL lot 3
General Relocation Plan
For The
San Jacinto Redevelopment Project
Prepared For
The City of San Jacinto Redevelopment Agency
July 2005
rr.-
tNCRODUCTION . . . . . . . . . . . . . . . . . . . . . . I
L GENERAL RELOCATION POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
II. PROURAM ASSURANCES, STANDARDS AND OBJECTIVE'S . . . . . . . . . . . . . . . . . 4
III. DESCRIPTION OF ADMINISTRATIVE ORGAi�ATION . . . . . . . . . . . . . . . . . 5
A. Responsible Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
IV. HOUSING RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. General Mechanisms and Policy . . . . . . . . . . . . . . . . . . . . . 6
B. Assurance of Availability of Housing Resources . . . . . . . . . . . . . . . . . . . . . . . . . 6
C_ Equal Opportunity/Fair Housing . . . . . . . . . . . . 7
V. RELOCATION ADVISORY ASSISTANCE . . . . . . . . . . . . . . . . . . . . 8
A. Informational Program . . . . . . . . . . . . . . . . . . . . . . s
B. Assistance in Obtaining Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. Inspection Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 9
D Tracing of Self-Relocation Families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
E. Social Services . . . . 9
F. Residezttlnvolvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . €0
G. Assistance to Businesses,Nonprofit Organizations, and Farms . . . . . . . . . . . W
,*AW H. Termination of Relocation Assistance . . . . . . . . . - - 11
Vl, CITIZEN PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I2
VII. RELOCATION BENEFrf CATEGORIES 13
A. Residential Moving Expense Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. Rental Assistance- Payments to Residential Tenants Who Re-rent . . . . . . . . . . 13
C. Downpayment Assistance-Payments to Residential Tenants Who Purchase . . 13
D. Payments to Residential Owner-Occupants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
E. Payments to Non-tenured Residential Tenants . . . . . . . . . . . . . . . . . . . . . . 14
F. Payments to Commercial or Non-profit Enterprises 14
G_ General Information Concerning Payment of Relocation Benefits . . . _ . . . . . . . 15
H. Last Reson Housing Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
VIII. RELOCATION TAX CONSEQUENCES . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LX- GRIEVANCE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IS
X. EVICTION POLICY . . . . . . . . . . . . . . . . . . . . . . . 19
M. RECORDS AND REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. Relocation Records 20
B. Relocation Reports _ _ _ _ - _ . . . . . . . . . . . . . . . . . . . . . . 20
RVMODUCrION _
This document is a General Relocation Plan that establishes policies and procedures for the
relocation of families and businesses that are temporarily or permanently displaced from facilities
in the San Jacinto Redevelopment Project Area as a result of real property acquisitions by the City
of San Jacinto Redevelopment Agency. However,no project resulting in residential displacement
or a significant amount of non-residentiaL displacement will be approved by the Agency until a
project-specific relocation plan has been prepared and adopted in accordance with Title 25
California Code of Regulations, Section 6038
This General Relocation Plan for the San Jacinto Redevelopment Project Area is being prepared in
accordance with the Community Redevelopment Law,California Health and Safety Code Division
24, Parts 1, 1.5 & 1-7- Section 33352(f)states that:
Every redevelopment plan submitted by the agency to the legislative body shall
be accompanied by a report containing:
A method or plan for the relocation of families and persons to be temporarily
or permanently displaced from housing facilities in the project area, which
method or plan shall include the provision ... that no person or family of low
and moderate income shall be displaced unless and until there is a suitable
housing unit available and ready for occupancy by such displaced person or
y� family at rents comparable to those at the time of their displacement.
Therefore,this General Relocation Plan will be used to demonstrate that a"method or plan"has been
developed by the City of San Jacinto Redevelopment Agency for the relocation of families and
persons potentially displaced from the San Jacinto Redevelopment Project Area
San Jacinto-Refocativn Method Page 1
'w. . . . .
I >GENEAAL=RELOCATION POLICY
It is the policy of the City of San Jacinto Redevelopment Agency(Agency)that all persons,families,
businesses and farms who are displaced from their homes or business sites as a result of the
Agency's acquisition of real property for public use receive fair and equitable treatment and that
such persons shall not suffer injuries as a result of proj ects designed for the benefit of the public as
a whole.
The Agency intends to provide an effective relocation assistance program guaranteeing that:
A. No project resulting in residential displacement or a significant amount of non-
residential displacement will be approved for execution by the Agency until a
relocation plan, prepared specifically for the project in accordance with the
requirements of Title 25 California Code of Regulations, Section 6038, has been
approved
B. Within a reasonable time prior to displacement, there will be sufficient available
comparable, decent, safe and sanitary dwellings, meeting approved standards, and
accessible to all persons potentially displaced.
C Assist each eligible, displaced person to obtain and move to a comparable
replacement dwelling.
L
D. Project activities will be planned and carried out in a mariner that will minimize
hardship to site occupants and involve the smallest magnitude of displacement
consonant with the needs of the project.
E. No family or individual will be displaced by an Agency project until iltey have either
obtained or have chosen and acquired the right to occupy suitable replacement
housing, or the Agency's relocation agent has offered them a reasonable choice of
suitable replacement housing for immediate occupancy.
F. No person lawfully occupying the project premises will be required to move without
at least 90 days written notice by the Agency.
G. Business concerns and nonprofit organizations to be displaced will be provided
maximum assistance to aid in their satisfactory reestablishment with a minimum of
delay and loss of earnings-
H. Relocation advisory services will be available to all displaced residents and
businesses.
I Relocation payments foreligible displacees will be determined inafair and equitable
Sun Jacinto-Relocation Method Page
manner and disbursed on a timely basis.
I Special consideration and assistance shall be provided to displaced persons 62 years
of age or older.
1. The Agency will take affirmative action to provide displaced persons maximum
opportunities to obtain replacement housing within the community's total housing
supply;lessen racial,ethnic,and economic density;and facilitate desegregation and
racially incLusive occupancy and use of public and private facilities.
Sun fucn[o -ilelocalian Method Paige 3
:PROGRAM Assn
:.. II - RAveEs STANDARDS-Avn vB2arvEs J
The relocation program to be implemented by the Agency will conform with the standards and
provisions of California Health and Safely Code Sections 33411 and 33411.1, California
Government Code Title 1,Chapter 16,Section 7260 et. seq., California Code of Regulations,Title
25,Division 1, Chapter 6,Section 6000 et. Seq., and Rules and Regulations adopted by the City of
San Jacinto Redevelopment Agency. Pursuant to applicable guidelines, program objectives will
be as follows:
A. To fully inform eligible project area occupants of the nature of and procedures for
obtaining relocation assistance and benefits.
B. To determine the needs of each residential and commercial displacee eligible for
assistance.
C. To provide an adequate number of referrals to comparable,decent,safe and sanitary
housing units within a reasonable time prior to displacement and assure that no
residential or business tenant will be required to move without a minimum of 90 days
written notice to vacate.
D To provide current and continuously updated information concerning both
replacement housing and business site opport mities
E. To provide assistance needed to ensure that the relocation process does not result in
different or separate treatment based on race, color, religion, national origin, sex,
marital status or other arbitrary circumstances.
F. To supply information concerning federal and state housing programs and other
governmental programs providing assistance to displaced persons.
G. To provide businesses with assistance in matters related to site selection, space
needs, moving logistics, real estate matters,lease terms,etc.,to minimize costs and
downtime.
H. To assist each eligible person to complete applications for payments and benefits.
I. To make relocation benefit payments in accordance with State guidelines,including
the provisions of the Last Resort Housing sections where applicable
i To inform all persons subject to displacement of the Agency's policies with regard
to eviction and property management
K. To establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of Agency decisions regarding relocation assistance.
San Jacinto-Relocation Niethod Page 4
DESCR MON OF_ADMINISTRATIVE ORGANIZATION
A. Responsible Agency
The City of San Jacinto Redevelopment Agency will be responsible for the relocation of
families,individuals,businesses,nonprofit organizations and farm operations displaced by
the Agency projects.
S. Star'
The Executive Director of the Agency is charged with the day-to-day operation of the
relocation program and will be assisted by additional Agency staff or agents of the Agency,
as deemed necessary.The Executive Director shall be the Agency's authorized designee as
referred to in these policies and procedures_
'rr
San Jacinto-Relocation Method Wage�5
fV_ HOUSING RESOURCES
A. General Mechanisms and Policy
1. Procedures for Obtaining a Housing Inventory for Referrals
The Agency- staff and/or agents will secure an inventory of available housing
resources within the City of San Jacinto and surrounding communities to assure the
accessibility of comparable housing resources,in the following manner:
a. Private property managers and Realtors will be contacted regarding
the availability of rental and for sale housing on the market.
b. Assisted housing administrators will be contacted to determine the
availability of assisted housing units.
c. Listings of FHA and VA housing repossessions will be obtauzed and
made available to all disaiacees.
2. Housing Standards
The determination of availability of existing housing resources for relocation
purposes shall take into consideration decent, safe and sanitary housing standards.
To the maximum extent possible, all units to be counted as relocation resources or
listed for referral purposes shall be inspected to assure that they meet the standard.
B. Assurance of Availability of Housing Resources
1 Project Relocation Plan
Prior to commencing any displacement activity, a Project Relocation Plan will be
prepared by the Agency outlining specific relocation needs and summarizing
assumptions and conclusions reached by a comparative study of the relocation
population characteristics and the housing resources available and projected to be
available at the time of displacement.
The Project Relocation Plan must include all documentation necessary to assure that
within a reasonable time prior to displacement, there will be sufficient available
decent, safe, and sanitary dwellings meeting approved relocation standards.
Sun lacintu-Refue ution Method Page o
2_ Replacement Housing
No residential displacement shall occur as a result of an agreement of the Agency for
the disposition and development of property, or the execution of an ownership
participation agreement,which may lead to the destruction or removal of a dwelling
unitfromthe low-and moderate-income housing market within the proj ect area iurtil
a Replacement Housing Plan has been approved for the dwelling unit(s) removed
from the housing market in accordance with Health and Safety Code Section
334t0.5.
3. Competing Misplacement
All Agency Relocation Plans shall be analyzed for feasibility in light of competing
displacement statistics gathered by the Agency.
C. Equal OpportunitylFair Housing
The Agency will take affirmative action to provide displaced families and individuals
maximum opportunities for selection of replacement housing within the community's total
housing supply when relocation activities are necessar>. The Agency will make an effort to
I. Make full use of available housing listings, MD-acquired properties, and
real estate management and brokerage services.
2. Inform minority group members of housing opportunities in non-traditional
localities and provide services to familiarize them with such neighborhoods.
3. Cooperate fully with fair housing and human relations groups as well as other
social, civic, and religious groups interested in facilitating freedom of
residence.
San Jacinto-Relocation Method Page 7
V. , . RELOCATION ADVISORY ASSISTANCE
A. Informatiuual Program
1. Printed Residential and Business Informational Brochures will be provided
to all persons and businesses expected to be displaced from Agency-projects.
Signed acknowledgments will be obtained to verify receipt of this material.
2. Newsletters may be issued periodically to residents of projects to clarify the
relocation assistance available to them and to keep them informed of project
status-
3- Within 60 days of the initiation of negotiations by the Agency to acquire
property, all occupants of said property shall be notified of their potential
eligibility for relocation assistance. The relocation representative shall
interview all families,individuals,business concerns,nonprofit organizations
and farm operations which will be displaced from specific projects to obtain
theinformation necessary to plan for replacement housing andother serrices.
Informational material will be personally delivered.explained,anddiscussed
by relocation staff during these interviews.
,%W 4. In addition to disseminating general information of the type described in this
section, the Agency shall also provide each person with individual, written
notification s soon as his eligibility status has been established.
5 If the Agency determines that the establishment of a relocation field office
is tiu the best interest of the project and project occupants, such Relocation
Office will be established and maintained in an area accessible to all project
residents and will be staffed with trained relocation personnel. Residents will
be advised of the hours and location of the Relocation Office and encouraged
to visit the Office for information and assistance. Everting appointments will
be scheduled upon request to accommodate those unable to visit the Office
during normal office hours.
B. Assistance in Obtaining Housing
1. When selecting housing referrals,the Agency will take in consideration the
proximity of the dwelling unit to the wage earner's present or potential place
of employment as well as the prosirnity to public transportation and any
other public facilities essential for the successful adjustment of the family or
individual. Inquiries made of residential occupants by relocation personnel
will include family size, ethnic background, age and health considerations,
Sun Jacintv-Refuc.aliur[Methud Page 8
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employment status, family income, transportation needs, and locational
preferences related to replacement housing
2. Transportation will be provided, if necessary, to any displaced occupant to
inspect replacement sites within the local area. Specific assistance may also
be provided to senior citizens in finding housing near friends, relatives,
medical facilities and convenient transportation.
3. No individual or family will be referred to a unit which is known to be
structurally substandard or would fail to meet City housing codes: is in a
neighborhood slated for governmental action unless that action is related to
the rehabilitation or improvement of neighborhood amenities; or into any
blighted or deteriorating area for which improvements are not planned to be
undertaken within a short period of time. In no case will referrals be made to
a unit from which it can reasonably be anticipated that the family or
individual may subsequently be displaced.
4. The Agency will provide assistance to prospective homeowners in obtaining
mortgage financing,including assistance with the preparation and submission
of purchase offers, obtaining credit reports, verifying employment, and
malting any other necessary arrangements with lending institutions to secure
the loans. Pre-ownership counseling will be provided by Relocation staff.
C. Inspection Procedures
Inspection of available housing units shall be made both prior to their referral and after the
move of a displaced family or individual,
D. Tracing of Self-Relocation Families
Families and individuals who self-relocate without notifying the Agency shall be traced
through postal change of address notifications, public schools, utiLity companies, or any
other means practical in order to inspectthe relocation dwelling and assist in filing necessary
claims for relocation payments. If the relocation dwelling is found to be substandard, the
Agency will offer assistance in securing a standard dwelling. When the family or individual
declines a reasonable number of referrals to standard housing and remains in a substandard
dwelling,the Agency shall notify the displacee in writing of the displacee's ineligi bthty for
replacement housing payments.
E. Social Services
The Agency dill provide advisory assistance to ilia ble persons in order to mmirnize their
hardships. Such assistance may include referrals far families and individuals to appropriate
social agencies for any financial,educational or health services and counseling needed prior
to or after relocation. Communication will be established with agencies such as the
San Jacinto-Relocation Method Page 9
Department of Public Welfare, the Social Security- Administration, Legal Aid and the
Housing Authority staff to obtain their cooperation in meeting the needs of those to be
displaced.
F. Resident Involvement
Residents of areas to be affected by displacement will be given the opportunity to become
actively involved in the relocation process.
Volunteer action of project residents will be encouraged in developing housing listings,
assisting the elderly with moving arrangements, providing baby-sitting services, and any
other relocation-related activities suitable to be performed by volunteers
Procedures forimplementation of resident involvement will be designed to moot the specific
characteristics of each project.
Go Assistance to Businesses, Nonprofit Organizations, and Farms
1 General Policy
The Agency will provide advisory assistance to all business concerps, nonprofit
organizations,and farm operations to be displaced by an Agency-sponsored project.
Advisory services and assistance will also be offered to any business concern or
nonprofit organization occupying property which is immediately adjacent to any real
r� property acquired by the Agency for public use,when that business is determined to
have suffered substantial econorruc injury as a result of the Agency acquisition.
Business owners will be interviewed to determine as much as possible about current
operating characteristics with a focus on future plans and locational preferences
Specific questions to be asked should cover current and desired space usage, lease
rates, client base, and Fixture and equipment needs.
2. Services
Among the services which the Agency will strive to provide to business concerns,
nonprofit organizations, and farm operations are the following=
a. Concurrent Information on Relocation Sites
The Agency will make an effort to provide current and continuing
information on the availability, costs, and square footage of comparable
cominerciai, industrial, or farm locations and make referrals to real estate
brokers who may be able to assist in obtaining suitahle accommodations. In
making referrals and providing information, the Agency- will provide
assistance_ but will avoid involvement in or interference with the business
operation or the decisions of the business oEvner or operator.
San Jacinto-Relocation Alethad Page 10
b. Economic Information
The Agency will make an effort to provide information relative to property
values, growth potentials in various areas, zoning ordinances, and other
general and economic information which may assist in enabling the business
to make informed decisions relative to relocation_
c. Referrals to SBA
When appropriate, business concerns will be referred to the Small Business
Administration (SBA) for managerial and technical assistance. In order to
facilitate SBA assistance to business concerns, the Agency will routinely
furnish SBA with a complete listing of business concerns to be effected by
upcoming projects.
H. Termination of Relocation Assistance
Assistance to a family, individual, business concern, nonprofit organization, or farm
operation will be continued until permanent relocation has been successfully completed and
all applicable payments are fulfilled. In general, the only circumstances under which the
Agency's obligation to provide relocation assistance ceases are the following:
1. The family or individual has moved to a suitable standard, permanent
replacement dwelling and has received all available assistance and payments.
`rr
2_ All practicable efforts to trace a family or individual have failed.
3_ The family or individual has moved to substandard housing and has refused
a reasonable number of offers of additional assistance in moving to a suitable
standard dwelling.
4. The business concern,nonprofit organization,or farm operation has received
all assistance and payments to which it is entitled, and has either been
successfully relocated or has ceased operations.
5. The site occupant refuses to accept one of a reasonable number of offers of
accommodations meeting approved relocation standards
San Jacinto-Relocation Method Page 11
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VI. : CITIZEN PARTICIPATION
1
Upon completion of a Project Relocation PLan,the Agency w11I distribute the Plan to those affected
by die project and will also conduct public meetings to discuss the Relocation Plan and accept
comment from the public, specifically those to be displaced-
Pursuant to Section 6012 (Citizen Participation) of the Califorrua Code of Regulations, Title 25,
Chapter 6 the Agency wi1L guarantee:
A. Full and timely access to all documents relevant to the relocation program.
B. The provision of technical assistance necessary to interpret elements of the
Relocation Plan and other pertinent materials.
C. The public's right to submit written or oral comments and objections related to the
Relocation Plan.Comments pertaining to the Agency's plans wit) be attached when
the Plan is forwarded to the City Council/Agency -Board for final approval-
D. Prompt written response to any written objections or criticisms
h. A general notice of the Relocation Plan availability shall be distributed to all affected
by the project The Relocation Plan shall be made available for circulation and
.` review by interested citizen groups,state and county agencies,and interested parties.
F. The Relocation Plan complies with applicable environmental standards and is in
compliance with the City's general plan and both its present approved housing
element and the revised housing element forwarded to the Department of Housing
and Community Development for approval.
G. Upon completion of the review process by staff and the public, the Relocation Plan
will be presented before the Agency Board for adoption.
San Jadnto-Relocahun Method Page 12
VIL RELOCATION BENEFIT CATEGORIES J
Relocation benefits well be provided in accordance with the California Relocation Assistance Law
(Government Code, Section 7260 et.sc . Benefits will be paid to eligible displaced persons in the
project area upon submission of appropriate claim forms and documentation in accordance with
Agency approved procedures.
The following information concerns the relocation assistance categories and payments pursuant to
State guidelines as they apply to circumstances in the project area.
A. Residential Moving Expense Payments
All displaced residential tenants will be eligible to receive a payment for moving expenses
except as noted.
Moving expense payments will be based upon a fixed schedule or according to the cost of
professional services.
I. Fixed Payment-A fixed payment for moving expenses is based upon,a roorn
count in the project dwelling. The fixed moving allowance schedule shall be
in compliance with the Department of Transportation(DOT)Fixed Payment
for Moving Expenses, as periodically amended.
`r
2 Actual Cost(Professional Move) - if the displacee elects to have a licensed
professional mover perform the move, the actual cost of the moving services
will be compensated for by the Agency either in the form of a direct payment
to the mover or as reimbursement to the displaces_
B. Rental Assistance- Payments to Residential Tenants Who Re-rent
Residential tenants who have established their residency within the project area for a
minimum of 90 days prior to the initiation of negotiations and who choose to re-rent, will
be eligible for both Rental Assistance and Moving Expense Payments. Except in the case of
Last Resort Housing situations, Rental Assistance Payments will be limited to a maximum
of S5,250 based upon the monthly housing need over a 42 month period.
C. Downpayment Assistance- Payments to Residential Tenants Who Purchase
Residential tenants who meet the 90-day eligibility test may apt to apply their rental
assistance payment toward the purchase of a new home.
In cases where the computed rental assistance eligibility is less than $5,250, the Agencti
may, on a case-by-case basis, at its own discretion, elect to provide a full $5,250 payment,
Salt Jacinto -Relocation Metttod Page I3
provided that the full amount of such payment must be applied to the purchase of the
replacement dwelling.
In cases involving eligibility for a Last Resort Housing supplement, the Agency will make
available,in a lump sum,the total amount of assistance for which a tenant qualifies provided
that the entire sum is used for the downpayment and incidental expenses associated with the
purchase of a replacement home.
D. Payments to Residential Owner-Occupants
Residential owner-occupants who have established residency for at least 190 days prior to
the Agency's offer to purchase will be eligible for up to $22,500 in replacement housing
assistance. The Replacement Housing Assistance Payment will be determined on the basis
of three separate elements: (a) Purchase Price Differential, (b) Mortgage interest
Differential, and(c) Incidental Expenses
E. Payments to Non-tenured Residential Tenants
With the exception of those who may otherwise qualify for Last Resort Housing assistance,
residential tenants with less than 90 days of continuous occupancy prior to the initiation of
negotiations will qualify only for the payment of moving expenses
F. Payments to Commercial or Non-profit Enterprises
rr. Commercial or non-profit enterprises are entitled to compensation for a number of actual
moving expenses including but not necessarily limited to the cost of: a)cartage of personal
property; b)move and re-installation of fixtures and equipment; c)certain license, permit
and professional fees, d) reprintinb of obsolete printed materials; e) replacement site
searching time, and f) moving announcements_ No maximum dollar limit is imposed for
Actual Moving and Related Expenses as long as the business can justify that the eligible
expenses are reasonable and necessary; however, claims in excess of $1,000 shall be
supported by competitive bids where practical, or by estimates in lieu ofbids where bids are
impractical.
In addition to compensation for actual moving expenses, a Business Re-establishment
Allowance is provided that makes available up to $10,000 for certain non-moving and
related expenses such as rent differential, exterior signage, tenant improvements and
advertising_
In instances where a commercial or non-profit enterprise can meet certain criteria and would
prefer a lump sum payment to the detailing of relocation costs,a claim may be made for an
In-Lieu Payment of between $1,000 and $20,000 based, generally, on previous financial
performance. The In-Lieu Payment substitutes for consideration of any otherwise
compensable relocation expenses, such as actual moving and reestablishment expenses.
San Jacinto-Relocation Method Page 14
NOW G. General Information Concerning Payment of Relocation Benefits
The payment of relocation benefits must be made in a timely and orderly manner. Claims
and supporting documentation for relocation benefits must be filed with the Agency within.
18 months from the Iatter of
a) The date the claimant moves from the acquired property;
-or-
b) The date on which final payment for the acquisition of real property
is made.
The procedure for the pr--paration and filing of claims and the processing and deli-rery of
payments will be as fol lows:
1. Claimants will provide all necessary documentation to substantial,-
eligibility for assistance-
2 Assistance amounts will be deter uned and ragturad claim forirss prepared
by relocatiun staff in cunsultation with claimants.
3. Original signed claims supported by appropriate documentation and a
relocation staff recommendation will be submitted to the Agency's Executive
\rr Director.
4_ The Executive Director or designee will review and approve claims for
payment.
5. Agency warrants will be prepared and issued to relocation staff for
distribution.
6. Payments will be delivered personally by relocation staff unless
circumstances dictate otherwise_ When payments can not be personally
delivered they will be sent by certified mail.
7. Receipts of payment will be obtained by relocation staff and maintained in
the case file.
S. unless otherwise instructed by the Agency, relocation staff will not deliver
final payments until the project area premises have been completely vacated.
9. Before issuance of final payments actual residency at new quarters must be
verified.
San Jacinto-Relocation Method Page 15
10. The Agency will provide advance payments to assist displacees in securing
replacement housing units. Requests for advance payments will be
expeditiously processed to help avoid the loss of desirable and appropriate
replacement housing.
H. Last Resort Housing Payments
A Last Resort Housing situation occurs when,in asingle residential case,the computed total
rental assistance eligibility exceeds$5,250 This type of situation is likely to develop among
low-income families and in environments where project area rents are particularly low
When a rental assistance amount exceeds$5,250, the Agency will disburse the balance of
funds beyond $5,250 either in a lump sum or periodically as allowed under state law.
Periodic payments may be made annually, monthly or at other intervals
A lump sum payment of the entire rental assistance amount including Last Resort
compensation, will be made to enable tenants to purchase rather than m-rent a replacement
dwelling, Any such payment will be deposited directly into an escrow account with
provisions to allow the Agency to recover its funds should escrow fail to close.
Residential tenants not meeting the 90-day residency test may qualify for rental assistance
as Last Resort claimants if their ability-to-pay (30% of householTs gross income) is not
sufficient to pay for comparable, decent, safe and sanitary housing. For purposes of
yr, qualification, the Agency must determine that a less than 90-day claimant did not occupy
property for the sole purpose of obtaining relocation assistance.
Alternate Method for Providing Last Resort Housing Remedies
The Agency will consider means other than cash supplements to provide Last Resort
Housing assistanceto displacees. On a voluntary basis and at the discretion of the displacee,
assistance from the Housing Authority in the form of Section 8 certificates or vouchers may
be exchanged for Last Resort cash payments- Additionally,the Agency may be willing to
underwrite the rehabilitation of an existing structure so that it meets decent,safe and sarutary
requirements.
Salt Jacinto- Felocation Method Page 16
VIIL RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for tax purposes. Benefit payments are
paid under Title 24 of the Code of Federal Regulations and Chapter 16 of the California Government
Code.
Property owners who are displaced by governmental action are entitled, with certain restrictions,to
transfer the property tax assessment basis from property taken to like replacement property.
Application forms and informational supplements available through the Tax Assessor's office wil I
be provided to owners by either relocation or acquisition consultants.
San Jacinto-Relocation Method Page 17
DL, GRIEVANCE POLICY-
The Agency's grievance policy will follow the standards described in Article 5 Section fit 50 et seq
of the State guidelines and the Agency's adopted Rules and Regulations. Briefly stated,displacees
will have the right to ask for an administrative review when they believe themselves aggrieved by
a determination as to eligibility, the amount of payment, the failure to provide comparable
replacement housing referrals or the Agency's property management practices.
The purpose of the Grievance Policy is to attempt to resolve disputes between the claimant and the
Agency at the lowest possible administrative level while affording the claimant an opportunity to
have a full and fair review of the claimant's case. Therefore, all relevant evidence should be
presented at the lowest level of these proceedings.In any case where such evidence could have been
presented at alower level and the claimant failed to do so,the Relocation Appeals Board and/orthe
Redevelopment Agency Board may refer the matter'back to the lower level for consideration and
determination prior to their considering such evidence.
Requests for review will be directed first to the Executive Director or designee of the
Redevelopment Agency and subsequently, to the Relocation Appeals Board, at the election of the
appellant complainant.
A complete appeals process can be found within the Agency's adopted Rules and Regulations for
implementation of the California Relocation Assistance Law and Real Property Acquisition
14"W Guidelines.
San Jacinto-Relmu!ion lllethvd page 13
L
X. .- <EVICT1ONTOLICY
A Under the State of California guidelines,eviction by the Agency is permissible only
as a last alternative with the exception of persons considered to be in unlawful
occupancy. Evictions related to scheduled project development,to gain possession
of property, does not affect eligibility for relocation assistance and benefits.
Relocation records must be documented to reflect the specific circumstances
surrounding the eviction.
B. Eviction shall be undertaken only for one or more of the following reasons:
l. Failure to pay rent,except in those cases where the failure to pay is due to the
lessor's failure to Keep the premises in habitable condition, is the result of
harassment or retaliatory action or is the result of discontinuation or
substantial interruption of services_
2. Performance of a dangerous, illegal act in the unit.
3. Material breach of the rental agreement and failure to correct breach within
30 days of notice-
4. Maintenance of a nuisance and failure to abate within a reasonable time
following notice.
;. Refusal to accept one of a reasonable number of offers of replacement
dwellings.
6 The eviction is required by State or Local Law and cannot be prevented by
reasonable efforts on the part of the public entity
San facinto-Relocation Method page 19
X[. RECORDS AND REPORTS.- - -
A. Relocation Records
The Agency will be responsible for maintaining up-to-date relocation records.These records
shall be retained for inspection and audit for a period of three years following completion
of the displacing program or project, or from the completion of the relocation payments
made on behalf of the displacing program or project,whichever is later. Information kept in
relocation files which pertains to the family characteristics will be held in confidence by the
Agency and will not be released without signed authorization of the project resident or
displaces.
S. Relocation Reports
The Agency will be responsible to submit such reports as may be required by displacing
projects including information on the type and amounts of payments made and the
accommodations to which persons have been relocated
San Jacinto-Relocation,'Method Page 20
1%W
City of San Jacinto and
San Jacinto Redevelopment Agency
RULES AND REGULATIONS
r,r, FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDELINES
Prepared by Overland, Pacific and Cutler, Inc
100 West Broadway,Suite 500
Long Beach, CA 90802
DATE ADOPTED:
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW AND
REAL PROPERTY ACQUISITION GUIDELINES
TABLE OF CONTENTS
1. [§ 1001 GENERAL .....................................................................................................................1
A. [§ 101] Purpose............................................................................. ..........................
B. [§ 1021 Authority............. ......................................................................... ............ --..1
C. [§ 1031 Effective Date; Applicability............................................-.......----..........--1
D. [§ 1041 Extent of Relocation Payments .......................................................................2
E. [§ 1051 Exemptions from Relocation Assistance Payments.......................................2
F. [§ 1061 Priority of Federal Law and Federal Projects ...............................................2
G. [§ 1071 Severability.......................................................................................................2
H. [§2001 DEFINITIONS...........................................................................................-.........---3
A. [§2011 Acquisition/Acquires.................................... --------------- -------------- --------------- -3
B. 1§2021 Adequate Replacement Dwelling........................... ........................................3
C. [§2031 Agency................................ .......................................................................•----3
D. [§2041 Appeals Board............ .......... .........................................3
E. [§2051 Appraisal....................................................................... ...................................3
F. [§2061 Average Annual Net Earnings.............................. ..........................................4
G. [§2071 Average Monthly Income.......... ...... .............................................................4
H. [§2081 Base Monthly Rental Housing Costs..............................................................4
I. [§209] Business ..................................................... ......... .........................4
J. [§ 2101 City------------------ ----•---........................-------.--- ......................................................5
K. [§2111 Comparable Replacement Dwelling...............................................................5
L. [§2121 Condominium ....................................................................................----......6
M. [§2131 Date of Acquisition................................................... .... .................................6
N. [§2141 Decent, Safe and Sanitary Housing................................................................6
O. [§ 2151 Department................................ .................. ......................................... ........ 8
P. [§2161 Director................................................................---.........................----... 8
Q. [§ 2171 Displaced Business...........................................................................................8
R. [§2181 Displaced Farm Operation..............................................................................8
S. [§2191 Displaced Person...............................................................................................8
T. [§2201 Displaced Resident ................................................................. .......................11
U. [§2211 Displacing Agency..........................................................................................L 1
V. [§2221 Dwelling...............-.......---... ...... ...... ...........................................................
W. 1§2231 Economic Rent................... ...........................................................................12
X. [§2241 Elderly Household........... ................. .....................................................12
Y. [§2251 Family...... .......................................................................................................12
Z. [§2261 Farm Operation.......................................................... ..............................12
AA- [§2271 Federal Project..........................----..............------- --- -- --- -- -- --- ----------.-.....12
Pagc 2
BB. [§2281 Gross Income................................................................................................12
CC. [§2291 Handicapped Household.............................................................................13
1"W DD. [§230] initiation of Negotiations............................................................................13
EE. [§2311 Last Resort Housing......____............................___........_......................13
FF. [§2321 Manufactured Home or Mobile Home.......................................................13
GG. [§2331 Mortgage.............._.__........... ..13
HR. [§2341 Nonprofit Organization..............................................................................14
11. [§2351 Ownership..................................................................................... ................14
JJ. [§236] Person.............................................................................................................14
KK. [§2371 Personal Property .......................................................................... ............14
LL. [§2381 Post-Acquisition Tenant.......... ..................................................15
NIM. 1§2391 Prepaid Expenses................................................. ..15
. . . ....................
1\-,N-. [§ 2401 Public Use.....................................................................................................15
00. [§2411 Small Business.............................................................................................15
PP. [§242] Tenant...................................... .....................................................................15
QQ. [§2431 Unlawful Occupancy ..-•...................................................................15
III. [§3001 RELOCATION ADVISORY ASSISTANCE........................................................t 6
A. [§301] Advisory Assistance to be Provided by the Displacing Agency .................16
Il. [§302] Information Program............................................................... . . ....... ..J8
1. 1§3031 General Information.............................................. .......................18
2. [§3041 Information Statement for Relocation AssistancelPersonal Contact
...................................................................................................................1 g
3. 1§3051 Notice of Eligibility Status..................................................................20
4. 1§3061 Language of Information Material.................... 20
5. 1§3071 Method of Delivery of Informational Material ................................20
C. [§3081 Determination of Relocation Needs............... ........ ........... .........................20
1. 1§3091 Interviews.......................... ...................___............._.............. ........20
a. [§3101 Information to he Obtained from Residential Owner-
Occupants or Tenants..................................................................21
b. [§311] Written Analysis .....................................................................21
c. [§3121 Coordination with Other Agencies.....,..................................22
d. [§ 313] Interview after Person Moves without Notice......................22
2. [§3141 Relocation Records _............ ... .............. ..........................................22
3. 1§3151 Updating Information........... ................... .............____................23
D. [§3161 Relocation Site Office........................................................................ ............2 3
E. [§3171 Contracting for Relocation Services.............................................................23
F. 1§3181 Coordination of Relocation Assistance.........................................................23
G. 1§3191 Relocation Plans....................................................................... ..............23
1. 1§ 3201 Requirement Generally ..................................
2. 1§3211 Contents of Plan.................... .................................... ...... ................24
3. 1§3221 Review of Relocation Plan..................................................................25
4. 1§3231 Conformance to General Plan............................................................25
5. 1§3241 Update of Relocation Plans................................................................25
H. [§3251 Move to Substandard Dwelling Unit...........................................................25
Page 3
I. [§326] Waiver of Requirement for Replacement Dwelling Prior to Displacement
............. .....................................26
IV. [§ 4001 ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS; LAST
RESORTHOUSING....__.---- .........................................................................................27
A. [§ 401] Survey and Analysis of Available Comparable Replacement Dwellings..27
1. [§4021 Requirement Generally ............................. .................................-...27
2. [§403] Determining Number of Comparable Replacement Dwellings---.--27
3. [§ 4041 Written Analysis............... ...-........................................................28
4. [§4051 Review of Survey Results _... ................. ............................... ........_29
5. 1§4061 Referrals of Replacement Dwellings .................................................29
B. [§4071 Determination of Need for Last Resort Housing; Replacement Housing
Plan...... . ............................................................................................................29
1. [§4081 Replacement Housing Plan ................................................................29
2. [§4091 Replacement Housing Committee......................................................30
3. [§4101 Submission of Plan for Comment......................................................31
4. [§4111 Determination by Displacing Public Entity of Feasibility and
Compliance............................................... ........-- ------........31
5. [§4121 implementation of the Replacement Housing Plan..........................32
6. [§4131 Cast Resort Housing Alternatives............................................... ......32
7. [§ 4141 Nondiscrimination...............................................................................33
8. [§4151 Conformity with Statutes and Regulations.......................................33
9. [§4161 Conformity with Federal Program Requirements...........................33
10. [§ 4171 Monitoring Housing Production......................................................34
11. [§ 4181 Retention of Benefits upon Move to Last Resort Housing............34
12. [§4191 Post-Acquisition Tenants..................................................................34
V. [§5001 TEMPORARY RELOCATIONS.............................................................................35
A. [§5011 Temporary Replacement Housing................................................................35
B. [§ 5021 Payments and Assistance for Short-Term Relocation of Tenants in Rental
Rehabilitation Projects .......................... ................ ..............................35
VI. [§6001 RELOCATION PAYMENTS TO DISPLACED RESIDENTS..............___.....37
A. [§601] Payments Required........................................................................................37
B. [§ 6021 Actual Reasonable Moving Expenses ...........................................................17
C. [§6031 Alternate Payments........................................................................................38
D. 604] Replacement Housing Payments for Displaced Homeowners....................38
1. [§6051 Amount of Payment.................................................... ........38
2. 1§6061 Eligibility........................................................ .. ... ... .. .----- ---- --------_39
3. [§6071 Computation of Replacement Housing Payment.............................40
a. [§6081 Reasonable Cost of Comparable Replacement Dwelling ....40
b. [§6091 Increased Interest Cost................................ ..........................40
c. [§6101 Expense Incidental to the Purchase of the Replacement
Dwelling................................................................ ...---....41
4. [§ 6111 Multi-Family Dwelling....................•---.---.--.--.--.------.._..._..................42
5. 612 Homeowner Retention of Dwelling ............................................42
6. [§ 6131 Provisional Payment Pending Condemnation..................................42
N%W Page 4
6. [§ 614] Lease of Condominium.......--- ............................42
E. 1§615] Replacement Housing Payments for Tenants and Certain Others............42
1. 1§616] Amount of Payment,........ ......__.. ........42
2. [§ 6171 Eligibility...... .......... ...........................................................................43
3. [§618] Computation of Replacement Housing Payment.............................44
a. [§ 6191 Rent Differential Payment......................................................44
b. [§6201 Downpayment...........................................................•-.............45
4. [§6211 Rental Payments for Displaced Homeowners and Dependents.....A6
a. [§ 6221 Homeowners............................................................................46
b. [§ 6231 Dependents ..............................................................................46
F. 1§6241 Payments to Residents Displaced from Manufactured Homes and Mobile
Homes..... ..............................................................................................................46
1. [§6251 Payments Required.............................................................................46
2. [§6261 Moving Expenses: Retention and Move of Manufactured Home or
MobileHome....... ....................................................................................46
3. 1§ 6271 Replacement Housing Payments........................................................46
C. [§ 6281 Proration of Payments.................................................................... ........ ....48
H. [§ 6291 Condition of Replacement Dwelling.............................................................49
1. [§630] Payment after Death...................................................................................... .49
VII. [§ 7001 RELOCATION PAYMk:NTS '1'O DISPLACED BUSINESSES OR FARMS..50
A. 1§7011 Payments Required................................................................................__....50
B. [§7021 Moving Expenses..................................................... .................................... .50
1. 1§7031 Actual Reasonable Moving Expenses..... .............. ...........................50
r. 2. [§ 7041 Actual Direct Loss of Tangible Personal Property ..........................52
3. 1§7051 Actual Reasonable Expenses in Searching for a Replacement
Business----------------- .........................._... ......... ............................53
C. [§ 7061 Actual Reasonable Expenses To Reestablish A Small Business or
Nonprofit Organization.......................................................................................53
1. [§ 7071 Eligible Reestablishment Expenses....................................................53
2. 1§ 7081 Ineligible Reestablishment Expenses................................................54
D. [§ 7091 Alternate Payment.-......_............................. ......... ........................................55
1. 1§ 7101 Determination of Payments...........................__...._....... ..............._55
a. [§ 7111 Amount of Payment............. ...............................-----.......55
b. [§7121 Determination of Number of Businesses..... .........................55
2. [§713] Eligibility..............................................................................................55
a- [§ 7141 Business.................................................. .................................55
b. [§7151 Nonprofit Organizations........................................................57
3. [§7161 Loss of Goodwill............................. .................................. .................57
VIII. [§800] CLAIM ANO PAYMENT PROCEDURES; TERMINATION OF
RELOCATION ASSISTANCE...... ...... .....__............ .............................. _ ............58
A. [§ 8011 Filing of Claims ............ .................................................................................59
B. [§8021 Documentation in Support of Claim.............................................................58
1. [§8031 Moving Expenses.................................................................................58
a. [§8041 Commercial Moves..................................................................59
'law Page 5
b. [§ 8051 Self-Moves.......................................................... .....................59
c. [§8061 Exemption from Public Utilities Commission Regulations .58
2. 1§8071 Loss of Property
3. 1§8081 Proof of Earnings................................................................................59
C. [§ 8091 Payment of Moving Expenses .......................................................................59
1. 1§8101 Advance Payment..........................................................-----................59
2. 1§8111 Direct Payment................................................................... .....59
3. 1§8121 Methods Not Exclusive..................................................................I....59
D. [§8131 Payments for Replacement Dwellings ..........................................................59
1. 1§8141 Payment for Purchase of Comparable Replacement Dwelling.......59
a. 1§ 8151 Disbursement...........................................................................59
b. [§816] Provisional Payment Pending Condemnation..... .........60
c. [§8171 Certificate of Eligibility..........................................................60
2. 1§ 8181 Rent Differential Payments---.-.----•-------------.................------------------60
E. [§8191 Termination of Relocation Assistance........... .......................................---60
IX. [§ 9001 CITIZEN PARTICIPATION..................................................................................62
A. [§9011 General Requirements..........................................................................•----....62
B. [§9021 Relocation Committee................. ....... ----.----..62
C. [§9031 Replacement Housing Committee.............................................................--63
X. 1§ 10001 GRIEVANCE PROCEDURES...............................................................................64
A. [§ 1001] Purpose..........................................................................................................64
B. [§ 10021 Right of Review........................ .......................--............... ......... ..........64
C. [§ 1003] Request for Further Written Information.................................................64
D. [§ 10041 Informal Oral Presentation.........................................................................64
E. [§ 10051 Written Request for Review and Reconsideration....................................65
F. 1§ 10061 Formal Review and Reconsideration by Director.....................................65
G. [§ .1007] Appeals Board Review.............................. ..66
H. [§ 10081 Determination by City Council or Agency Board.....................................67
1. [§ 10091 Time Limits....................................................................................................68
J. [§ 10101 Review of Files by Claimant.........................................................................68
K. [§ 10111 Effect of Determination...............................................................................68
L. 1§ 10121 Right to Counsel...........................................................................................68
M. [§ 1013] Notification to Complainant--........ .......... ............... ..............69
N. [§ 10141 Stay of Displacement Pending Review .......................................................69
O. [§ 10151 Joint Complainants........ .............. .....................69
P. [§ 10161 Judicial Review................................................................ ........---- --...69
XI. [§ 11001 ACQUISITION PROCEDURES..........................................................................70
A. 1§ 11011 Acquisition of Property by Negotiation......................................................70
B. 1§ 11021 Appraisal or Property ............................................... .....---.--..................70
C. [§ 11031 Notice of Decision to Appraise....................................................................70
1. [§ 11041 Contents of Notice.... ........................................................................70
2. [§ 11051 Information Statement: Property Acquisition Procedures...........71
D. [§ It061 Prior to Making an Offer to Purchase....................................-------------------72
1. [§ 11071 Record Title............................ ............. ....................................72
NOW Page 6
2. [§ 1108] Occupants ..........................................................................................72
3. (§ 1109] Notices to Contact Owner..................... ...........................................73
4. 1§ 11101 Identity and Address of Owner.......................................................73
E. j§ 11111 Establishment of Just Compensation .........................................................73
F. [§ 1112] Uneconomic Remnant; Donation of Property............................................74
G. [§ 1113] Initiation of Negotiations.............................................................................74
1. [§ 11141 Written Offer.....................................................................................74
2. [§ 11151 Statement of the.Basis of Just Compensation.... ............................75
H. [§ 11161 Right to Obtain Payment............................. ....................................77
1. [§ 11171 Loss of Goodwill.........................__..............................................................77
J. [§ 1118] Compensation for Loss of Goodwill............................................................77
1. [§ 11191 Compensation Generally..................................................................77
2. [§ 11201 Notice of Intent to Claim Loss of Goodwill.....................................78
3. [§ 11211 Conference to Discuss Eligibility to Receive Compensation for
Loss of Goodwill--- ..............................................78
4. [§ 11221 Business Records; Authorization to Negotiate...............................78
5. [§ 11231 Calculation of Net Amount of Just Compensation for Loss of
Goodwill for Negotiation Purposes ........................................................78
6. [§ 11241 Eminent Domain ...............................................................................79
K. [§ 11251 Negotiations; Eminent Domain...................................................................79
L. [§ 1126] Notice of Decision Not to Acquire...............................................................79
M. [§ 11271 Incidental Expenses............................ .....................................................80
N. [§ 11281 Purchase Price as Public Information........................................................80
err O. [§ 1129] Service of Notice........_... ........ ..............__.................................................80
XIL [§ 12001 PROPERTY MANAGEMENT PRACTICES ...................................................81
A. [§ 12011 Short Term Rental ......... .............................................. ...........................81
B. [§ 1202] Notice to Vacate............ ....... .......................................................................81
C. [§ 12031 Eviction................................___........ ..........................................................81
D. [§ 12041 Status of Post-Acquisition Tenants.............................................................82
1. [§ 1205] Notice of Status........___.......... ........................__.... ...................._82
2. [§ 12061 Notice to Vacate.................................................................................82
3. [§ 12071 Eligibility for Relocation Assistance and Payments.......................82
4. [§ 1208] Move from Permanent Housing.......................... .............83
EXHIBIT °A" -Model Relocation Plan
EXHIBIT "B" -Relocation Assistance Appeal Complaint Form
�'" Page 7
RULES AND REGULATIONS
FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDF',l.1NES
I. 1§ 1001 GENERAL
A. [§ 1011 Purpose
The purpose of these Rules and Regulations is to implement the California Relocation
Assistance Law, Government Code, (§)7260, et seq. (the "Act")and the Relocation Assistance
and Real Property Acquisition Guidelines adopted by the Department of Housing and
Community Development, Title 25, California Code of Regulations, §6000 ct. seq. (the
"Guidelines").
The Rules and Regulations are designed to carry out the policies of the Act and Guidelines
with respect to activities of the City of San Jacinto (the "City") and the San Jacinto
Redevelopment Agency(the"Agency"). For the purposes of these Rules and Regulations,the term
"Displacing Agency", individually or collectively, shall mean the City or Agency, as may be
�. applicable.
S. [§ 1021 Autbority
These Rules and Regulations have been adopted by resolution of the Displacing Agency
pursuant to§7267.8(a) of the California Government Code, and are in conformity with the Act and
Guidelines.
C. 1§ 1031 Effective Date; Applicability
The effective date of these Rules and Regulations shall be the date of their adoption by the
Displacing Agency. These Rules and Regulations supersede all other Rules and Regulations for
Relocation and Acquisition of Real Property previously adopted by the Displacing Agency provided,
however, that these Rules and Regulations shall not be construed to apply retroactively to actions
undertaken by the Displacing Agency prior to their adoption_
In the event there are conflicts between these Rules and Regulations and applicable state and
federal laws or regulations,the applicable state or federal laws or regulations shall control and these
Rules and Regulations shall be deemed amended accordingly.
�• Page 1
Nothing in these Rules and Regulations shall require, or be construed to require the
Displacing Agency to provide any relocation or other assistance,payments,or benefits,or to provide
any notices, or to follow any procedures, beyond that required by the Actor Guidelines. No greater
rights or obligations beyond those set forth in the Act and Guidelines are created or conferred by
these Rules and Rcgulations.
D. [§ 1041 Extent of Relocation Payments
The Displacing Agency shall provide relocation assistance and relocation payments,required
by law, including such assistance that may be required by federal law for projects financed by the
federal government. In addition,the Displacing Agency may,in its sole and absolute discretion,and
without establishing any precedent,make any additional relocation payments which in the Displacing
Agency's opinion may be reasonably necessary underthe circumstances of the particular case to carry
out the purposes of a project. Such payments shall be subject to the availability of funds for such
purposes;provided,however, that even if such funds are available,the Displacing Agency shall be
under no obligation to provide additional assistance or payments unless it determines otherwise in its
sole and absolute discretion.
E. [§ 1051 Exemptions from Relocation Assistance Payments
The requirement to provide relocation assistance and benefits shall not apply to a purchase of
real property which is offered for sale by the owner,property being sold at execution or foreclosure
sale, property being sold pursuant to court order or under court supervision,or purchases to which
�.. §7267.2 of the Act is not applicable. "Offered for sale" means directly offered by the landowner to
the Displacing Agency for a specified price in advance of negotiations by the Displacing Agency,
and/or offered for sale to the general public at an advertised or published specific price set no more
than six months prior to, and still available at the time the Displacing Agency initiates contact with
the owner regarding the public entity's possible acquisition of the property.
F. [§ 1061 Priority of Federal Law and Federal Projects
If the Displacing Agency engages in an acquisition with federal financial assistance that
results in a relocation of a Displaced Person,the Displacing Agency shall make relocation assistance
payments and provide relocation advisory assistance as required under the applicable federal law.
G. [§ 1071 Severability
If any provision of these Rules and Regulations or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
Rules and Regulations which can be given effect without the invalid provision or application,and to
this end, the provisions of the Rules and Regulations are severable.
Page 2
11. 1§2001 DEFINITIONS
A. [§2011 Acquisition/Acquires
"Acquisition" or "acquires" means obtaining ownership or possession of real property by
purchase; eminent domain, or any other lawful means.
U. 1§2021 Adequate Replacement Dwelling
"Adequate replacement dwelling" means a dwelling that meets all of the criteria for a
comparable replacement dwelling,except with respect to the number of rooms,amount of habitable
living space, and type of construction. The dwelling need be only adequate, not comparable.
C. [§2031 Agency
"Agency" means the San Jacinto Redevelopment Agency, organized and existing,under the
Law of the State of California,and any Agency personnel or consultants,who may be assigned the
duties and responsibilities for implementing the Relocation Act and Guidelines pursuant to these
Rules and Regulations.
D. [§2041 Appeals Board
"Appeals Board" means the San Jacinto Relocation Appeals Board. The Appeals Board is
constituted to hear appeals on complaints from a displaced person(as defined in§219)who believes
he or she is aggrieved by an administrative determination by the Displacing Agency as to eligibility
for assistance or the amount of payment relating to relocation resulting from any displacement
activity undertaken by the Displacing Agency.
The Appeals Board shall be constituted and administered pursuant to the California
Community Redevelopment Law,Health and Safety Code,§33417.5,which provides that there shall
be five members of the Appeals Board who shall be appointed by the Mayor, subject to approval of
the City Council. The Executive Director of the Displacing Agency or his or her authorized designee
shall be the Secretary of the Appeals Board. The Secretary shall not be a member of the Appeals
Board and shall not vote or participate on any matter brought and heard before the Appeals Board.
E. 1§205] Appraisal
".Appraisal"means a written statement independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant market information_
>� Page 3
F. [§2061 Average Annual Net Earnings
"Average annual net earnings" means one-half of any net earnings of a business before
federal,state and local incomc taxes;during the two taxable years immediately preceding the taxable
year in which such business moves from the real property being acquired,or during such other two
year period as the Displacing Agency determines to be more equitable for establishing such earnings;
and includes any compensation paid by the business to the owner, owner's spouse or owner's
dependents during such period.
For the purpose of determining the average annual net earnings of the "owner," the term
"owner"as used herein includes the sole proprietor in a sole proprietorship,the principal parties in a
partnership,and the principal stockholders of a corporation,as determined by the Displacing Agency.
For purposes of determining a principal stockholder, stock held by a person,the person's spouse and
their dependent children will be treated as one unit.
C. [§ 2071 Average Monthly Income
For the purpose of determining Base Monthly Rental Housing Costs, "average monthly
income" means the displaced person's annual gross income(as defined in §228)divided by twelve.
H. 1§2081 Base Monthly Rental Housing Costs
"Base Monthly Rental Housing Costs" for an acquired dwelling is the lesser of the average
monthly rental paid by the Displaced Person for the three month period prior to the initiation of
negotiations or 30% oh the displaced person's average gross monthly income. In case of an
owner-occupant or other person who does not pay rent,the Economic Rent of the acquired dwelling
(as defined§223) is used instead of the average monthly rental to calculate base monthly rental.
I. [§ 2041 Business
"Business"means any lawful activity,except a farm operation,provided such lawful activity
is not in unlawful occupancy(as defined in §243), and conducted for any of the following:
I. Primarily for the purchase,sale,lease, or rental of personal and real property,
and for the manufacture,processing,or marketing of products, commodities
or any other personal property;
2. Primarily for the sale of services to the public;
3. Primarily by a nonprofit organization; or
4. Solely for the purpose of a moving expense payment(see§702 of these Rules
and Regulations); for assisting in the purchase, sale, resale, manufacture,
processing or marketing of products. commodities, personal property or
N%" Page 4
services by the erection and maintenance of an outdoor advertising display,
whether or not such display is located on the premises on which any of the
L above activities are conducted.
J. 1§ 2101 City
"City" means the City of San Jacinto organized and existing under the Law of the State of'
California and any City personnel.
K. 1§2111 Comparable Replacement Dwelling
"Comparable replacement dwelling" is a dwelling which satisfies all of the following
standards:
1. Is decent, safe and sanitary (as defined in §214), and comparable to the
acquired dwelling with respect to number of rooms, habitable living space
and type and quality of construction, but not lesser in rooms or living space
than is necessary to accommodate the displaced person. Comparability under
this paragraph shall not require strict adherence to a detailed feature-by-
feature comparison. While a comparable replacement dwelling need not
possess every feature of the displacement dwelling, the principal features
must be present.
2. is in an areanot subjected to unreasonable adverse environmental conditions
from either natural or manmade sources,and not generally less desirable than
the acquired dwelling with respect to public utilities,public and commercial
facilities and neighborhood conditions, including schools and municipal
services, and reasonably accessible to the displaced person's present or
potential place of employment;provided that a potential place of employment
may not be used to satisfy the accessibility requirement if the displaced
person objects.
The Act, Guidelines,and these Rules and Regulations do not require that the
replacement dwelling be generally as desirable as the acquired dwelling with
respect to environmental characteristics. Although a displaced person does
not have to accept a dwelling subject to unreasonable adverse environmental
conditions, neither is a public entity required to duplicate environmental
characteristics, such as scenic vistas or proximity to the ocean, lakes,rivers,
forests or Other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be made to
relocate such person within or near to his existing neighborhood. Whenever
practicable the replacement dwelling shall be reasonably close to relatives,
friends,services or organizations arith whom there is an existing dependency
relationship.
`� Page 5
3. Is available on the private market to the displaced person and available to all
persons regardless of race, color, sex, marital status, religion, or national
origin in a manner consistent with Title V111 of the Civil Rights Act of 1968
or any other applicable state or federal anti-discrirrlirratian law.
4. To the extent practicable and where consistent with Paragraph 1 of this
section,is functionally equivalent and substantially the same as the acquired
dwelling, but not excluding newly constructed housing.
5. For renters, a replacement dwelling is within the financial means of a
displaced person if the rental cost (including utilities and other reasonable
recurring expenses),minus any replacement housing payment available to the
person (as provided in §615) does not exceed thirty percent (30%) of the
person's average monthly income (as defined in §207 and§229).
For homeowners; a replacement dwelling is within the financial means of a
displaced person if the purchase price of the dwelling including related
increased interest costs and other reasonable expenses including closing costs
(as described in §604) does not exceed the total of the amount of just
compensation provided for the dwelling acquired and the replacement
housing payment available to the person (as provided in§604),
If the dwelling which satisfies these standards is not available,the Displacing
Agency may consider a dwelling which exceeds them.
L. [§2121 Condominium
"Condominium" means combination of co-ownership and ownership in severalty. It is an
arrangement under which persons in a housing development hold full title to an one-family dwelling
unit, including an undivided interest in common areas and facilities, and such restricted common
areas and facilities as may be designated.
M. 1§2131 Date of Acquisition
The date an which the deed or other conveyance to the real property being acquired by the
Displacing Agency is recorded in the office of the County Recorder, or the date on which the
Displacing Agency is entitled to possession of the real property pursuant to an order of the County
Superior Court in an eminent domain proceeding.
N. [§ 2141 Decent, Safe and Sanitary Housing
A dwelling is decent, safe and sanitary housing if it meets all the following minimum
requirements. Exceptions may be made by the Displacing Agency for unusual circumstances or in
unique geographic areas.
Page 6
1. Conforms to all applicable provisions for existing structures that have been
constructed under state or local building, plumbing, electrical; housing and
occupancy codes and similar ordinances or regulations.
Z. Has a continuing and adequate supply of potable water.
3. Has a kitchen or an area set aside lbr kitchen use which contains a sink in
good working condition connected to hot and cold water and to an adequate
sewage system. The kitchen or kitchen area shall have utility service
connections and adequate space for the installation of a stove and a
refrigerator.
4. Has an adequate heating system in good working order which will maintain a
minimum temperature of 70 degrees in all habitable rooms.
5_ Has a bathroom, well-lit and ventilated and affording privacy to a person
within it,containing a lavatory basin and a bathtub or stall shower,properly
connected to an adequate supply of hot and cold running water, and a flush
closet,all in good working order and properly connected to a sewage disposal
system.
6. Has an adequate and safe wiring system for lighting and other electrical
services.
7. is structurally sound,weather tight,in good repair and adequately maintained_
8. Has a safe unobstructed means of egress leading to safe open space at ground
level which conforms to building and fire codes.
9. Has at least one room which shall have not less than 150 square feet of floor
area. Other habitable rooms; except kitchens, shall have an area of not less
than 70 square feet. Where more than two persons occupy a room used for
sleeping purposes, the required floor area shall be increased at the rate of 50
square feet for each occupant in excess of two. The floor space is to be
subdivided into sufficient rooms to be adequate for the family. All rooms
must be adequately ventilated. Habitable floor space is defined as that space
used for sleeping, living, cooking; or dining purposes and excludes such
enclosed places as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries and unfinished attics,foyers,storage spaces,
cellars, utility rooms and similar spaces.
A decent,safe and sanitary sleeping room is one which includes the minimum requirements
contained in paragraphs 1,4,5,6, 7,and 8 above and at least 70 square feet of habitable floor space
for two occupants and 50 square feet of habitable floor space for each additional occupant.
%40W Page 7
When the term "decent, sale and sanitary" is interpreted under local, state or federal law as
.� establishing a higher standard, the elements of that higher standard,which exceed the provisions of
this section, are incorporated herein. A unit which is occupied by no more than the maximum
number of people allowed under the State Building Code shall be considered to be in compliance
with the occupancy provisions of this section.
A decent, safe. and sanitary mobile home is one which conforms to the minimum
requirements prescribed by state laws and rules and regulations promulgated pursuant thereto and
bear the insignia of approval issued by the State of California, Department of Housing and
Community Development.
O. [§ 2151 Department
"Department"means the California Department of Housing and Community Development.
P. J§216] Director
"Director"means that person in ebarge of the Displacing Agency that will be responsible for
the displacement of any individual, family, business, or non-profit organization for a public use.
Q. [§ 2171 Displaced Business
"Displaced business"means any business which qualifies as a displaced person under§219
hereof
R [§2181 Displaced Farm Operation
"Displaced farm operation"means any farm operation which qualifies as a displaced person
under§219 hereof.
S. [§2191 Displaced Person
1. 'Displaced Person" means both of the following:
a. Any person who moves from real property, or who moves his or her
personal property from real property, either:
(1) As a direct result of a written notice of intent to acquire by the
Displacing Agency or the acquisition of the real property, in
whale or in part, for a program or project undertaken by the
Displacing Agency or by any person having an agreement
with or acting on behalf of the Displacing Agency, or as a
result of a written order from the Displacing Agency to vacate
the real property; or
NW Page 8
(2) As a direct result of the rehabilitation, demolition or other
displacing activity undertaken as the Displacing Agency may
prescribe under a program or project undertaken by the
Displacing Agency, of real property on which the person is a
residential tenant or conducts a business or farm operation as a
lawful occupant,in any case in which the displacement, except as
provided in Government Code Section 72625(see paragraph 3 of
this Section), lasts longer than 90 days.
For purposes of this section. "residential tenant" includes any
occupant of a residential hotel unit, as defined in subdivision (b)
of§50669 of the California Health and Safety Code, and any
occupant of employee housing, as defined in §17008 of the
California Health and Safety Code, but shall not include any
person who has been determined to be in unlawful occupancy of
the displacement dwelling.
b. Solely for the purpose of Government Code §72.61 and §7262, any
person who moves from real property, or moves his or her personal
property from real property, either:
(1) As a direct result of a written notice of intent to acquire or the
acquisition of other real property, in whole or in part, on
which the person conducts a business or farm operation,for a
program or project undertaken by the Displacing Agency.
(2) As direct result of the rehabilitation, demolition, or other
displacing activity as the Displacing Agency may prescribe
under a program and project undertaken by the Displacing
Agency,of other real property on which the person conducts a
business or farm operation, in any case in which the
Displacing Agency determines that the displacement is
permanent.
2. The definition contained in this section shall be construed so that persons
displaced as a result of a Displacing Agency action, receive relocation
benefits in cases where they are displaced as a result of an owner
participation agreement or an acquisition tamed out by a private person for
or in connection with a public use where the Displacing Agency is otherwise
empowered to acquire the property to carry out the public use.
Except persons or families of low and moderate income, as defined in
§50093 of the Health and Safety Code, who are occupants of housing that
was made available to them on permanent basis by the Displacing Agency
Page 9
the employment of the head of household or spouse, except that the amount
deducted shall not exceed the amount of income received by the person thus
1%QW released.
5. Gross income is divided by twelve to ascertain the average monthly income.
Relocation and property acquisition payments are not to he considered
income for determination of financial means.
CC. J§2291 Handicapped Household
"Handicapped household" means a household in which any member is handicapped or
disabled.
DD. 1§2301 Initiation of Negotiations
"Initiation of negotiations"means the initial written offer to purchase made by the Displacing
Agency to the owner of the real property to be purchased, or to the owner's representative.
For projects by private parties with an agreement with the Displacing Agency,the"initiation
of negotiations" shall be the later of (i) the date of acquisition, or (ii) the date of the written
agreement between the private entity and the Displacing Agency for purposes of acquiring or
developing the property for the project.
EE. [§2311 Last Resort Housing
"Last Resort Housing" means comparable replacement dwellings provided by the Displacing
Agency with its funds or funds authorized for the project because existing comparable replacement
dwellings will not otherwise be available as needed.
FF. [§2321 Manufactured Home or Mobile Home
"Manufactured Home" or "Mobile Home" means a structure, as described in Health and
Safety Code§18007 and§18008,which is transportable in one or more sections,which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. A self-propelled vehicle is not a mobile home.
GG. 1§2331 Mortgage
"Mortgage" means classes of liens that are commonly given to secure advances on, or the
unpaid purchase price of..real property,together with the credit instruments,ifany, secured thereby.
Page 13
HH. [§2341 Nonprofit Organization
"Nonprofit organization" means a corporation, partnership, individual or other public or
private eutily, engaged in a business, professional or institutional activity on a non-profit basis,
necessitating fixtures,equipment, stock in trade,or other tangible property for the carrying on of the
business, profession or institutional activity on the premises.
I1. J§2351 Ownership
"Ownership" means holding any of the following interests in a dwelling, or a contract to
purchase one of the first Rix(6) interests-
1. A fee title;
2. A life estate;
3. A 50-year lease.
4. A lease with at least twenty(20)years to run from the date of acquisition of
the property;
5. A proprietary interest in a cooperative housing project which includes the
right to occupy a dwelling;
6. A proprietary interest in a manufactured home and mobile home;
7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests by devise, bequest,
inheritance or operation of law,the tenure of ownership,but not occupancy;of the succeeding owner
shall include the tenure of the preceding owner.
JJ. [§2361 Person
"Person" means any individual, partnership, corporation, limited liability company, or
association.
KK. [§ 2371 Personal Property
'Personal property"means tangible property which is situated on real property vacated orto
be vacated by a displaced person and which is considered personal property and is non-compensable
(other than for moving expenses) under the state law.
In the case of a tenant,personal property includes fixtures and equipment,and other property
which may be characterized as real property under state or local law, but which the tenant may
lawfully and at his or her election determine to move. and for which the tenant is not compensated in
the real property acquisition.
In the case of an owner of real property,the determination as to whether an item of property
�' Page 14
is personal or real shall depend upon how it is identified in the closing or settlement statement with
respect to the real property acquisition.
1�.
LL. [§ 2381 Post-Acquisition Tenant
"Post-acquisition tenant"means a tenant who lawfully commences to occupy property only
after the Displacing Agency acquires it or who Iawfully occupies property after the private
acquisition of property by a person with a written agreement with the public entity for the purpose of
financing the purchase or development of the property.
MAI. [§2391 Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller of real property and pro-rated
between such seller and the buyer of such real property at the close of escrow including, but not
limited to,real property takes, insurance, homeowners' association dues and assessment payment.
NN. [§2401 Public Use
"Public use" means a use for which real property may be acquired by eminent domain.
00. [§241] Small Business
"Small Business," as defined in Part 24 of Title 49 of The Code of Federal Regulations.
means a business having not more than 500 employees working at the site being acquired or
displaced by a program or project. which site is the location of economic activity. Sites occupied
solely- by outdoor advertising signs, displays, or devices do not qualify as a small business for
purposes of these Rules and Regulations.
PP. [§242] Tenant
A tenant is a person who rents or is otherwise in]awful possession of a dwelling,including a
sleeping room, which is owned by another.
QQ. [§ 243] Unlawful Occupancy
A person or business is considered to be in unlawful occupancy if;among other reasons: the
person or business has been ordered to move by a court of competent jurisdiction; or the person's
tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises,
and the termination was not undertaken for the purpose of evading relocation assistance obl igations,
or the person ig in violation of the lease or rental agreement; or the person's occupancy is in violation
of applicable local, regional, state, or federal ordinances, laws, or regulations.
tir. Page 15
Ili. [§3001 RELOCATION ADVISORY ASSISTANCE
\r. A. [§3011 Advisory Assistance to be Provided by the Displacing Agency
Programs or projects undertaken by the Displacing Agency shall be planned in a manner that
(i) recognizes, at an early stage in the planning of the programs or projects and before the
commencement of any actions which will cause displacements, the problems associated with the
displacement of individuals, families, businesses, and farm operations; and (ii) provides for the
resolution of these problems in order to minimize adverse impacts on displaced persons and to
expedite program or project advancement and completion. The Displacing Agency shall ensure the
relocation assistance advisory services described in this §301 are made available to all persons
displaced by the Displacing Agency.
In accordance with California Government Code §7261(a), the Displacing Agency may
provide relocation advisory assistance(but not benefits, payments or other forms of assistance) if it
determines, in its sole discretion, that any person occupying property immediately adjacent to the
property where the displacing activity occurs is caused substantial economic injury as a result
thereof.
Notwithstanding§219, in any case in which the Displacing Agency acquires property for a
program or project, any person who occupies the property on a rental basis for a short term
commencing after Displacing Agency acquisition or a period subject to termination when the
property is needed for the program or project,shall be eligible for advisory services but not benefits,
payments or other forms of assistance to the extent determined by the Displacing Agency in its sole
discretion.
The relocation advisory assistance to be provided by the Displacing Agency shall include
such measures,facilities and/or services as may be necessary or appropriate in order to do all of the
following:
1. Fully inform eligible persons within 60 days of initiation of negotiations but
no later than the close of escrow on the property, as to the availability of
relocation benefits and assistance and the eligibility requirements therefore,
as well as the procedures for obtaining such benefits and assistance;
2. Determine and make timely recommendations on the needs and preferences,
if any, of displaced persons for relocation assistance;
3. Assure eligible displaced residents that wititin a reasonable period of time
prior to displacement, there will be available comparable replacement
dwellings sufficient in number and kind for and available to such eligible
residents;
4. Provide current and continuing information on the availability, sales prices,
and rentals of comparable sales and rental housing, and comparable
Page 16
commercial properties and locations, and as to security deposits, closing
costst typical down payments; interest rates and terms for residential property
in the area;
5. Assist each eligible,displaced person to complete applications forpayments
and benefits;
6. Assist each eligible, displaced person to obtain and move to a comparable
replacement dwelling
7. Assure that, within a reasonable time period prior to displacement, to the
extent that it can be reasonably accomplished,there will be available in areas
not generally less desirable in regard to public utilities and public and
commercial facilities, and at rents or prices within the financial means of
displaced families and other individuals,decent,safe and sanitary dwellings,
sufficient in number to meet the needs of, and available to, those displaced
persons requiring those dwellings and reasonably accessible to their places of
employment, except that, in the case of a federally funded project, a waiver
may be obtained from the federal government.
8. Assure that each eligible, displaced resident shall not be required to move
from a dwelling unit unless such person has had a reasonable opportunity to
relocate to a comparable replacement dwelling, except in the case of any of
the following:
a. A major disaster as defined in§102(2)of the Federal Disaster Relief
Act of 1974.
b. A state of emergency declared by the President or Governor.
C. Any other emergency which requires the person to move immediately
from the dwelling because continued occupancy of the dwelling by
the person constitutes a substantial danger to the health or safety of
the person.
9. Assist each eligible, displaced business or farm operation in obtaining and
becoming established in a suitable replacement location;
10. Provide services required to insure that the relocation process does not
discriminate on any basis that is in violation of applicable state and federal
anti-discrimination laws.
11. Supply to eligible persons information concerning federal and state housing
programs, disaster loan and other programs administered by the Small
INW- Page 17
Business Administration, and other federal or state programs offering
assistance to displaced persons:
12. Provide other advisory assistance to eligible persons to minimize their
hardships,such as counseling and referrals with regard to housing,financing,
employment, training, health and welfare;
13. Inform all persons who are expected to he displaced about the eviction
policies to be pursued in carrying out the project.
B. 1§3021 Information Program
1. [§3031 General Information
The Displacing Agency shall establish and maintain an information program utilizing
-meetings, newsletters, and other mechanisms, including local media, available to all persons, for
keeping occupants of the property which the Displacing Agency is acquiring informed on a
continuing basis about its relocation program. The criterion for selecting among various alternative
mechanisms shall be the likelihood of actually communicating information to such persons. Legal
publications, legal ads in local newspapers of general circulation and similar meals are inadequate if
they are likely to go unnoticed.
2. 1§3041 Information Statement for Relocation Assistance/Personal Contact
Within 60 days following the initiation of negotiations to acquire a parcel of real property or
interest therein, but not later than the close of escrow on the properly, informational material,
appropriate to the displaced person or business, shall be distributed to describe the nature of
available relocation benefits and assistance, eligibility requirements and procedures for obtaining
such benefits and assistance.
Contact shall be direct and personal except where repeated efforts indicate that such contact
is not possible. Such contact may be made at the time and as part of the interview to ascertain
relocation needs conducted pursuant to§310. All persons shall be advised and encouraged to visit
the Displacing Agency's relocation office for information and assistance. The Displacing Agency
shall maintain personal contacts with occupants of the property to the maximum extent practicable.
The Displacing Agency and/or the private entity shall provide each occupant of such property
with a written statement containing the following information:
a. A general description of the nature and types of activities that will be
undertaken and identification of the displacement area involved,
including a diagrammatic sketch of such area.
b. A statement that Displacing Agency action may result in
displacement, but that no person or business lawfully occupying the
`W Page 18
real property will be required to move without at least 90 days u-dtten
notice from the Displacing Agency.
C. A statement to residents that families and individuals will not be
required to move from their dwellings before reasonable offers of
decent, safe and sanitary and otherwise comparable replacement
dwellings within their financial means have been made, except for
cause including under the circumstances provided for in §1203 of
these Rules and Regulations. [This subparagraph is not applicable to
business relocations.]
d. A general description of types of relocation payments available,
including general eligibility criteria,and a caution against premature
moves that might result in loss of eligibility for a payment.
e. Identification of the Displacing Agency's relocation program and a
description of relocation services and aids that will be available.
Such services shall not result in different or separate treatment on
account of race, color, religion, national origin, sex, martial status,
familial status, or any basis protected by state or federal anti-
discrimination laws, or any other arbitrary circumstances.
f. Encouragement to visit the Displacing Agency's relocation office and
to cooperate with staff. Information regarding the relocation office
shall include the address, telephone number and hours the office is
open.
g. Information to residents on replacement dwellings, including:
(1) A brief description of what constitutes a replacement
dwelling, including physical standards;
(2) A layman's description of applicable federal, state and local
fair housing laws;
(3) A statement that the Displacing Agency will identify available
comparable replacement dwellings within the financial means
of,and otherwise available in,the Displaced Person,and will
provide assistance to persons in obtaining housing of their
choice, including assistance in referring complaints of
discrimination to the appropriate federal, state or local fair
housing enforcement agency.
(4) A statement that persons may seek their own housing
accommodations,and urging them, if they do so,to notify the
1%W Page 19
Displacing Agency prior to making a commitment to purchase
or occupy the property.
h. A statement to businesses that the Displacing Agency will provide
assistance in locating relocation accommodations, including
consultation with the Small Business Administration and other
goverrnncnlal agencies which might be of assistance.
L A statement to businesses describing the requirement for prior
notification to the Displacing Agency of the business concern's
intention to move.
j. A summary of the Displacing Agency's eviction policy.
k. A statement describing the Displacing Agency's grievance procedure,
- its purpose and how it may be used.
1. Any additional information that the Displacing Agency believes
would be helpful. Where appropriate,separate information statements
shall be prepared for residential and non-residential occupants.
3. 1§ 3051 Notice of Eligibility Status
In addition to disseminating general information,of the type described above,the Displacing
Agency should provide each Displaced Person with individual, written notification of his or her
eligibility status as soon as it has been established.
4. 1§306] Language of Information Material
Information material shall be prepared in the language(s) most easily understood by the
recipients. In displacement areas where there are significant concentrations of persons who do not
read,write,or understand English fluently,the native language of the people should be used and all
informational material should be provided in the native language(s) and English.
5. [§3071 Method of Delivery of Informational Material
To assure receipt of the informational material,the Displacing Agency should arrange to have
the material either hand-delivered to each occupant of the property with a request for a written
receipt, or sent by certified mail, return receipt requested.
C. 1§3081 Determination of Relocation Needs
I. ]§309] Interviews
�" Page 20
Immediately following the initiation of negotiations to acquire a parcel of real property,the
Displacing Agency shall interview each eligible person, business concern, including nonprofit
\r. organizations, and farm operations occupying such property to obtain information upon which to
plan for housing and other accommodations, as well as counseling and assistance needs. The
interview shall be by direct,personal contact,except where repeated efforts indicate that such contact
is not possible. The Displacing Agency shall carefully explain and discuss fully with each person
interviewed the purpose of the interview.
When a person cannot be interviewed or the interview does not producethe information to be
obtained, reasonable efforts shall be made to obtain the information by other means.
a. [§ 3101 Information to be Obtained from Residential Owner-
Occupants or Tenants
The Displacing Agency shall endeavor to obtain the following information from eligible
persons.
(1) Income;
(2) Whether a person is elderly or handicapped;
(3) Size of family;
(4) Age of children;
(5) Location of job and factors limiting accessibility;
(6) Area of preferred relocation;
(7) Type of unit preferred;
(9) Ownership or tenant preference;
(9) Need for social and public services,special schools and other
services;
(10) Eligibility for publicly assisted housing;
(11) With reference to the present dwelling:
(a) Rent;
(b) Type and quality of construction;
(c) Number of rooms and bedrooms;
(d) Amount of habitable living space;
(e) Locational factors including, among others, public
utilities, public and commercial facilities (including
transportation and schools) and neighborhood conditions
(including municipal services).
(12) Such other matters that concern a household as its members
contemplate relocation.
b. [§3111 Written Analysis
Based on the survey,a written analysis of the relocation housing needs shall be prepared that
includes:
�- Page 21
(1) Separate information concerning home ownership and rental
units;
(2) The number of units identified by cost for each size category;
(3) Needs of elderly and handicapped households shown
separately, including information on the number of such
households requiring special facilities and the nature of such
facilities;
(4) Description of the locational characteristics of the
displacement area neighborhoods corresponding to the
requirements of comparable replacement dwellings;
(5) Information concerning proximity to present employment
sources,medical and recreational facilities,parks,community
centers, shopping, transportation and schools;
(6) Information concerning proximity to other relevant needs and
amenities.
c [§312] Coordination with Other Agencies
In order to avoid duplication of effort and to ensure that necessary information is available at
the appropriate time,the Displacing Agency should coordinate its interview activities with the survey
activities,if any,of other agencies. Gathering of data pertinent to social service referrals of eligible
persons should be planned in cooperation with social service agencies and a referral system should
be established.
d. 1§3131 Interview after Person Moves without Notice
If the interview of any eligible person does not occur prior to such person moving from the
dwelling,the Displacing Agency shall make every reasonable effort to identify,locate,and interview
such person who has moved so that their relocation needs can be determined. The Displacing
Agency shall offer such persons all relocation assistance and benefits for which they otherwise
qualify and, in addition, the Displacing Agency shall compensate such persons for all costs
occasioned by the Displacing Agency's failure to provide timely notice and offers of relocation
assistance and benefits, if such failure is the fault of the Displacing Agency.
2. [§3141 Relocation Records
Based on information obtained during interviews and from other sources as applicable,the
Displacing Agency shall prepare and maintain an accurate relocation record for each person to he
displaced. The record shall contain a description of the pertinent characteristics of the persons to be
1%W Page 22
displaced and the assistance deemed to be necessary. A Displaced Person(or any person authorized
in writing by such person) shall have the right to inspect such documents containing information
V. relating to that Displaced Person to the extent and in the manner provided by]aw_
3. ]§ 3151 Updating Information
Information pertaining to the relocation needs of eligible persons occupying each parcel of
real property with respect to which the Displacing Agency has initiated negotiations for acquisition
shall he updated at least annually. Eligible persons shall be encouraged to bring any change in their
needs to the attention of the Displacing Agency,
D. J§3161 Relocation Site Office
7 lie Displacing Agency may,as it deems necessary,establish a site office which is accessible
to all area residents and businesses who may be displaced to provide relocation assistance. Any
such office shall be staffed with trained and/or experienced relocation personnel. Office hours may
be scheduled to accommodate persons unable to visit the office during normal business hours. The
Displacing Agency may also make provisions for meeting with displaced persons in their homes or
places of business.
E. [§3171 Contracting for Relocation Services
The Displacing Agency may enter into a contract with any individual, firm, association,
corporation, or governmental agency having an established organization for conducting relocation
assistance programs, for the purpose of providing relocation advi spry assistance.
F. [§3181 Coordination of Relocation Assistance
The Displacing Agency shall coordinate its relocation assistance program with other work
necessitating displacement of persons, and with activities of other public entities in the City or
nearby areas, for the purpose of planning relocation activities and coordinating the availability of
replacement dwelling resources in the implementation of the Displacing Agency's relocation
assistance program.
G. [§ 3191 Relocation Plans
I. [§ 320] Requirement Generally
As soon as possible following the initiation of negotiations and prior to proceeding with any
phase of a project or other activity that will result in displacement, the Displacing Agency shall
prepare a Relocation Plan and submit it for approval to the City Council unless the Displacing
Agency's action will only result in an insignificant amount(as determined by the Displacing Agency)
of non-residential displacement, in which case the Displacing Agency shall provide assistance and
benefits as required by the Act, Guidelines, and these Rules and Regulations, but shall not be
required to prepare a Relocation Plan as is described in§3I 9 et seq. For residential projects
`� Page 23
of 15 households or less,the Displacing Agency shall prepare a Model Relocation Plan,a sample of
which is provided in Exhibit "A". This Model Relocation Plan shall he presumed to be in
compliance with the planning requirements of§319 et seq.
2. [§3211 Contents of Plan
If a Specific Relocation Plan is required, it shall include the following;
a_ A diagrammatic sketch of the displacement area;
b. Projected dates of displacement;
C. A written analysis of the aggregate relocation needs of all persons to
be displaced, in accordance with §401, and a detailed explanation as
to how these needs are to be met;
d_ A written analysis of replacement housing resources; in accordance
with §404;
C. A detailed description of the relocation advisory services program,
including specific procedures for locating and referring eligible
persons to comparable replacement housing;
f. A description of the relocation payments to be made in accordance
with§600 and a plan for disbi]rSement;
g. A cost estimate for carrying out the plan and identification of the
source of the necessary funds;
h. A detailed plan by which any last resort housing as described in§408
is to be built and financed (if applicable);
i. A standard information statement to be sent to all persons displaced
in accordance with§304;
j. Temporary relocation plans, if any;
k. A description of relocation office operation procedures;
L. Plans for citizen participation;
M. An enumeration of the coordination activities undertaken pursuant to
§318;
B. The comments of the relocation committee,. if any(pursuant to§900).
`► Page 24
o. A written determination by the Displacing Agency that the necessary
r,r resources will be available as required.
3. [§3221 Review of Relocation Plan
The Relocation Plan shall be submitted to the Relocation Committee (see§902) for review
and comment at least 30 days prior to submitting the Relocation Plan to the City Council for
approval. Copies of the proposed relocation Plan shall be made available to the Relocation
Committee and the public,upon request. A copy of the final relocation plan shall be forwarded to
the Department which shall act as a central repository.
A general notice of the Relocation flan shall also be provided. The general notice shall be
designed to reach the occupants of the property, shall be in accordance with§303 and§307 of these
Rules and Regulations, and shall be provided 30 days prior to submission to the City Council for
approval.
All persons who will be displaced,neighborhood groups,and the Relocation Committee(if
constituted) shall be given an opportunity to participate in reviewing the relocation plan and
monitoring the relocation assistance program.
Any displaced person or interested organization may petition the Department to review the
Relocation Plan_ Such review shall be undertaken in the time constraints and procedures as adopted
by the Department.
4. [§3231 Conformance to General Plan
Relocation Plans prepared by the Displacing Agency shall be consistent with the Housing
Element of the City's General Plan.
5. [§3241 Update of Relocation Plans
In the event of delay of more than one year in the implementation of relocation program,the
Relocation Plan shall be updated prior to the implementation of the pro67am.
H. 1§3251 Move to Substandard Dwelling Unit
The Displacing Agency shall inspect each replacement dwelling;prior to the time a displaced
resident occupies it. The Displacing Agency shall not induce or encourage a displaced resident to
acquire a dwelling which does not satisfy the standards of a comparable replacement dwelling.
If a displaced resident occupies a dwelling unit to which he or she is referred by the
Displacing Agency and the dwelling unit does not satisfy the standard of a comparable replacement
�. Page 25
dwelling, the Displacing Agency shall offer to locate a comparable replacement dwelling for the
displaced resident and to pay again all moving and related expenses.
`v.
If a displaced resident chooses not to move from a substandard dwelling unit be or she has
occupied, the displaced resident shall nevertheless be eligible to receive relocation assistance and
payments if one of the following conditions is met:
1. If he or she occupied the substandard dwelling unit following referral by the
Displacing Agency; or
2. If the rental or purchase of the substandard dwelling unit is the result of the
Displacing Agency's failure to identify a reasonable number of comparable
replacement dwellings; or
3. If the purchase of the substandard dwelling unit is not the result of the
Displacing Agency's referral or failure to refer, when the substandard
dwelling unit is brought into compliance with the decent, safe and sanitary
standard.
In the event the condition is met in paragraph 3, any replacement housing payment shall be
limited to the amount that would be provided in connection with the purchase of a similar,
comparable replacement dwelling,or the sum of the actual costs of acquisition(including incidental
expenses) and rehabilitation, whichever is less.
1. [§326] Waiver of Requirement for Replacement Dwelling Prior to Displacement
When immediate possession of the real property is of crucial importance and one of the
following circumstances exists,the Displacing Agency may require an eligible displaced residentto
move from his or her dwelling before a comparable replacement dwelling or temporary adequate
replacement dwelling is available:
l . When displacement is necessitated by a major disaster as defined it)§102(2)
of the Hazard Mitigation and Relocation Assistance Act of 1993 (42
U.S.C.§5121) and/or the California Natural Disaster Assistance Act;
2. During periods of declared national or state emergency;
Any waiver of the requirement for replacement dwellings prior to displacement shall be
supported by appropriate findings and a determination of the necessity for the waiver.
Page 26
IV. [§ 400] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS; LAST
RESORT HOUSING
A. [§ 401] Survey and Analysis of Available Comparable Replacement Dwellings
1. [§ 402] Requirement Generally
To confirm the availability of comparable replacement dwellings, the Displacing Agency,
within 60 days of the initiation of negotiations to acquire a parcel of real property, shall initiate a
survey of available comparable replacement dwellings. if a recent survey that provides the required
information is not available, the Displacing Agency shall conduct a survey of the housing market. If
a recent survey is available,but it does not reflect more recent,significant changes in housing market
conditions, the survey shall be updated or it shall not be relied upon. The survey shall be updated at
least annually. The survey area shall be reasonably related to the displacement area and to the needs
and preferences of the persons to be displaced. The survey area shall have relevant characteristics
specified for comparable replacement dwellings which equal or exceed those of the neighborhood
from which persons are to be displaced.
2. [§4031 Determining Number of Comparable Replacement Dwellings
Only dwelling units which satisfy the standards of comparable replacement dwellings,
including the Locational criteria, shall be counted as a relocation resource. The following types of
dwellings shall be included only if the applicable criteria are met:
Uncompleted new construction or rehabilitation shall only be counted toward the gross
number of comparable replacement dwellings if there is a substantial likelihood that the dwelling
units will be available when needed and at housing prices or rental costs within the financial means
of the prospective occupants.
a. Publicly subsidized housing, as defined pursuant to Article XXXIV of the
California Constitution and§37000 through§37002 of the California Health
and Safety Code, shall only be counted toward the gross number of
comparable replacement dwellings if it reasonably can be established that:
(1) The dwelling units will be available when needed;
(2) The governmental body providing the subsidy has made,in writing,a
reasonably binding commitment of assistance;
(3) The dwelling units have been inspected and determined to be decent,
safe and sanitary and the income ceilings, rent ranges and age
restrictions, if any, have been considered;
(4) The number of dwelling units available in the City exceeds the
number of households in need of the units. This requirement can be
,*or Page 27
waived by the Department if the Displacing Agency can establish that
such units will be replaced within two years. To establish that last
1ftw resort housing will be developed as required,the Displacing Agency
must have site control with permissive zoning,preliminary plans and
conditional commitments for subsidy and financing,or the equivalent,
and must identify ownership;
(5) With respect to uncompleted new construction or rehabilitation,such
publicly subsidized dwelling units are being subsidized to provide
relocation resources.
b. The gross number of comparable replacement dwellings in the survey area
shall be discounted to reflect concurrent displacement and the extent to which
turnover is represented. Concurrent displacement by the federal government
and its agencies.including federally assisted projects,as well as displacement
by other public entities shall be taken into account. The Displacing;Agency
shall assume that four percent of the rental and one percent of the ownership
units which meet the standards of comparable replacement dwellings
represent turnover.
3. [§ 404] Written Analysis
Based on the survey,a written analysis of available relocation resources shall be prepared that
includes:
L
a. Separate information concerning home ownership and rental units;
b. The number of units identified by cost for each size category;
C. Needs of elderly and handicapped households shown separately,
including information on the number of such households requiring
special facilities and the nature of such facilities;
d. Description of the locational characteristics of the displacement area
neighborhoods corresponding to the requirements of comparable
replacement dwellings;
C. Information concerning proximity to present employment sources,
medical and recreational facilities, parks, community centers,
shopping, transportation and schools;
f. Information concerning proximity to other relevant needs and
amenities.
Page 28
4. [§4051 Review of Survey Results
When more than fifteen (I5) households will be displaced, the written analysis (i.e., the
results of the survey of comparable replacement dwellings) shall be submitted for review to local
housing,development and planning agencies and shall be compared to other existing information on
housing.
Notwithstanding the analysis of the results of the survey of comparable replacement
dwellings,if the demand for housing is such that there are no vacancies other than those permitted by
turnover;the Displaeing Agency may proceed to displace residents from dwellings, but only to the
extent that the Displacing Agency obtains referrals of comparable replacement dwellings for such
residents in accordance with the provisions of§405.
5. [§4061 Referrals of Replacement Dwellings
The Displacing Agency shall obtain at least three referrals of comparable replacement
dwellings for each displaced resident,provided that where the Displacing Agency determines that,
due to special circumstances three(3)is not a reasonable number, fewerthan three(3)referrals may
be deemed sufficient. Such referrals shall be in writing, in a language understood by the displaced
resident.
The Displacing Agency's obligation to obtain a comparable replacement dwelling for any
displaced resident shall be deemed to be satisfied if such resident is offered and refuses, without
justification,the number of specifically identified comparable replacement dwellings provided for in
this section and which satisfy the criteria set forth in §211.
B. [§4071 Determination of Need for Last Resort Housing; Replacement Housing Plan
If the Director of the Displacing Agency, on the basis of data derived from the replacement
dwelling survey and analysis, determines that comparable replacement dwellings will not be
available,the Director shall determine whether to modify,suspend,or terminate the project causing
the displacement or to use the Displacing Agency's funds or the funds authorized for the project to
provide such necessary comparable replacement housing. if the Director determines that the
Displacing Agency's funds or funds authorized for the project shall be used to insure the availability
of comparable replacement housing (which housing is, in this situation, commonly referred to as
"last resort housing"), the Displacing Agency shall prepare a "Replacement Housing Plan" that
provides for a sufficient number of last resort housing units.
1. [§408] Replacement Housing Plan
If a Replacement Housing Plan is required, it shall address the following issues:
a. I low, when and where the housing will be provided;
'"� Page 29
b. How the housing will be financed and the amount of funds to be
allocated to such housing;
C. The prices at which the housing will be rented or sold to the families
and individuals to be displaced;
d. The arrangements for housing management and social services, as
appropriate;
C. The suitability of the location and environmental impact of the
proposed housing;
f. The arrangements for maintaining rent levels appropriate for the
persons to be rehoused;
g. `hhe disposition of proceeds from rental, sale, or resale of such
housing;
h. Any referendum or zoning requirements, which present an obstacle,
shall be addressed.
2. [§409] Replacement Housing Committee
a. If the need for last resort housing exceeds 25 units, the Displacing
Agency shall establish a `Replacement Housing Committee" which
will consult with and provide advice and assistance to the Displacing
Agency in the development of the Replacement]lousing Plan. The
Committee should include appointed representatives of the
Displacing Agency and state and local agencies knowledgeable
regarding housing in the area, including but not limited to the local
housing authority. In addition, the Committee should include
representatives of other appropriate groups (for example, local and
area Aide planning agencies) and private groups knowledgeable
regarding housing and the problems of housing discrimination.
b. The Replacement Housing Committee shall include representatives of
the residents to be displaced. Thcsc representatives may be appointed
by the Displacing Agency or elected by the residents;as the residents
wish. Resident representatives shall, at a minimum, constitute one-
third of the Committee membership. Votes shall be allocated so that
the total votes of resident representatives shall equal one-half of the
total votes of the Committee membership.
C. The Replacement Housing Plan must be approved by the vote of a
simple majority of the Replacement housing Committee
Page 30
membership. In the event the Committee fails to approve the plan,
the City Council may substitute its approval.
d. The Displacing Agency may consult or contract vtith the Department,
a local housing authority, or other agency or organization having
experience in the administration or conduct of housing programs to
provide technical assistance and advice in the development of the
replacement housing plan.
3. [§4101 Submission of Plan for Comment
The Displacing Agency shall submit the Replacement Housing Plan and all
significant amendments to the local housing and planning agencies for comment and to
assure that the plan accurately reflects housing conditions and needs in the relocation area.
Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their
comments. Copies of all comments received shall be forwarded to the committee and
available to all interested persons.
General notice of the plan shall be provided. Notice shall he designed to reach the
residents ofthe relocation area,shall be in accordance with the provisions of§303 and§307,
and shall be provided 30 days prior to submission to the Replacement Housing Committee,
or the City Council for approval.
4. [§ 4111 Determination by Displacing Public Entity of Feasibility and
N44"' Compliance
Upon receipt and consideration of the comments, the Displacing Agency shall
determine whether or not:
a. The Replacement Housing Plan is feasible.
b. The Replacement Housing flan complies with applicable
environmental standards and procedures.
C. The Replacement Housing Plan is compatible v1rith the local general
plan and housing element and the area wide housing plan or strategy.
If any of the above determinations by the Displacing; Agency is negative the
Displacing Agency shall revise the plan as necessary. Substantial modifications in the plan
shall be re-submitted for review and comment in accordance with §410. If necessary for
timely implementation of the plan or execution of the project, the Displacing Agency may
shorten the time allowed for review of modifications.
Page 31
5. [§412] Implementation of the Replacement Housing Plan
The Displacing Agency may expend funds and take such other actions as necessary to
provide,rehabilitate,or construct last resort housing pursuant to an approved Replacement Housing
Plan for last resort housing through methods including but not limited to the following:
a. 'transfer of funds to state and local housing agencies;
b. Contract with organizations experienced in the development of
housing;
C. Direct development;rehabilitation or construction by the Displacing
Agency;
d. Financing of development, rehabilitation or construction by the
Displacing Agency;
e. Provide housing subsidies as permitted by law.
Whenever practicable,the Displacing Agency should utilize the services of federal,state,or
local housing agencies, or other agencies having experience in the administration or conduct of
similar housing programs. Where several agencies are administering programs resulting in
residential displacement, opportunities shall be sought for joint development and financing to
aggregate resources in order to most efficiently provide last resort housing in sufficient quantity to
satisfy the aggregate needs of such programs.
6. [§4131 Last Resort Housing Alternatives
a. Whenever comparable replacement dwellings are not available,or are
not available within the monetary limits of §605 or §616, as
appropriate, the Displacing Agency shall provide additional or
alternative assistance under the provisions of this part.
b. The methods of providing replacement housing of last resort include,
but are not limited to:
(1) A replacement housing payment calculated in accordance
with the provisions of§607 or §618, as appropriate, even if
the calculation is in excess of the monetary limits of sections
605 and 616. The first $5,250 of a rental assistance payment
under this part shall be paid to the displaced person in a lump
sum upon displacement and the remainder of the payment
shall be paid to the displaced person in periodic payments
over a period not to exceed 42 months unless otherwise
specified by statute or, at the discretion of the Displacin
IWAN- Page j2
Agency, the entire rental assistance payment under this part
could be paid to the displaced person in a lump sum.
(2) Major rehabilitation of and/or additions to an existing
replacement dwelling in a sum equal to or greater than the
payment to which the displaced person is entitled under
subsection b(1).
(3) The construction of a new replacement dwelling in a sum
equal to or greater than the payment to which the displaced
person is entitled under subsection b(1)of this section.
(4) The relocalion and,if necessary,rehabilitation of a dwelling.
(5) The purchase of land and/or a replacement dwelling by the
displacing agency and subsequent sale or lease to, or
exchange with a displaced person.
(6) For purposes of accommodating the needs of handicapped
persons, the removal of barriers to the handicapped.
7. [§414] Nondiscrimination
All contracts and subcontracts for the construction, rehabilitation or management of last
resort housing shall be let without discrimination as to race, sex, marital status, color, religion,
national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action
program. The Displacing Agency shall encourage participation by minority persons in all levels of
construction, rehabilitation, planning, financing and management of last resort housing. When the
housing will be located in an area of minority concentration, the Displacing Agency shall seek to
secure significant participation ofminorities in these activities.The Displacing Agency shall require
that,to the greatest extent feasible,opportunities for training and employment arising in connection
with the planning, construction, rehabilitation, and operation of last resort housing be given to
persons of low income residing in the area of such housing and shall determine and implement
means to secure the participation of small businesses in the performance of contracts for such work.
8. [§4151 Conformity with Statutes and Regulations
The provision of last resort housing by the Displacing Agency shall be in accord with the
provisions of all applicable federal and state non-discrimination laws and regulations issued pursuant
thereto.
9. [§4161 Conformity with Federal Program Requirements
The Displacing Agency shall comply with all federal requirements related to programs for
which it receives federal financial assistance.
'�- Page 33
10. 1§4171 Monitoring Housing Production
The Displacing Agency shall monitor the production of the last resort.housing to ensure that
it is in accordance writh the Replacement Housing PIan for last resort housing approved by the
Displacing Agency.
11. ]§4181 Retention of Benefits upon Move to Last Resort Housing
The Displacing Agency shall not require a displaced resident to accept last resort housing in
lieu of the displaced resident's acquisition payment,if any,for the real property from which he or she
is displaced or the relocation payments for which he or she may be eligible.
12. {§4191 Post-Acquisition Tenants
Post-acquisition tenants are entitled to last resort housing payments only at the discretion of
the Displacing Agency.
''� Page 34
V. J§5001 TEMPORARY RELOCATIONS
w A. [§501] Temporary Replacement Housing
Except as provided for in§502,the Displacing Agency may not relocate a displaced person to
temporary replacement housing for a period greater than 90 days without the consent of the displaced
person. Such housing,when provided,shall meet the standards of an adequate replacement dwelling.
The Displacing Agency shall minimize, to the greatest extent feasible, the use of temporary
replacement housing. The Displacing Agency shall provide displaced residents who move to
temporary replacement housing with relocation assistance,services and benefits designed to achieve
permanent relocation of such residents into comparable replacement dwellings.
Prior to any temporary move, the Displacing Agency shall determine and provide written
assurance to each displaced resident that:
1. Comparable replacement dwellings will be made available at the earliest
possible time, and in any event within twelve (12) months from the date of
the move to the temporary replacement housing. provided however that the
temporarily housed persons may agree to extend the 12 month limitation.
2. Comparable replacement dwellings will be made available, on a priority
basis,to the individual or family who has been temporarily rehoused;
3. The move to temporary replacement housing will not affect a claimant's
eligibility for a replacement housing payment nor deprive him of the same
choice of replacement dwelling units that would have been made available
had the temporary move not been made and the costs of a temporary move
will not be considered as all or a part of relocation payments to which a
displaced resident is entitled;
4. if a project plan anticipates moves back into housing accommodations in the
project area, the resident who has been temporarily displaced will be given
priority opportunity to obtain such housing accommodations;
5. The Displacing Agency will pay all costs in connection with the move to
temporary replacement housing, including increased housing costs-
B. [§5021 Payments and Assistance for Short-Term Relocation of Tenants in Rental
Rehabilitation Projects
Notwithstanding §7265.3 of the Government Code or any other provision of law, tenants
residing in any rental project who are displaced from the project for a period of one year or less as
part of a rehabilitation of that project, that is funded in whole or in part by the Displacing Agency,
shall not be eligible for permanent housing assistance benefits pursuant to§600 of these Rules and
Regulations, if all of the following criteria are satisfied:
``* Page 35
l. The project is a"qualified affordable housing preservation project."which means any
complex of two or more units whose owners enter into a recorded regulatory
agreement, having a term for the useful life of the project, with any entity for the
provision of project rehabilitation financing. For this purpose, the regulatory
agreement shall require of the owner and all successors and assigns of the owner, as
long as the regulatory agreement is in effect, that forty-nine (49) percent of the
tenants in the project shall have, at the time of the recordation of the regulatory
agreement, incomes not in excess of sixty (60) percent of the area median income,
adjusted by household size as determined by the Department. In addition,a project is
a qualified affordable housing preservation project only if the beneficiary of the
regulatory agreement elects this designation by so indicating on the regulatory
agreement.
2. The resident is offered the right to return to his or her originall unit,or a comparable
unit in the same complex if his or her original unit is not otherwise available due to
rehabilitation, with rent for the first twelve (12) months subsequent to that return
being the lower of the following: up to five (5) percent higher than the rent at the
time of displacement; or up to thirty (30) percent of household income.
3. The estimated time of displacement is reasonable, and the temporary unit is not
unreasonably impacted by the effects of the construction, taking into consideration
the ages and physical conditions of the members of the displaced household.
4. All other financial benefits and services otherwise required under this chapter are
provided to the residents temporarily displaced from their units,including relocation
to a comparable replacement unit. Residents shall be temporarily relocated to a unit
within the same complex if that unit is in a location generally not less desirable than
the location of the displaced person's dwelling with respect to public utilities,
services, and the displaced person's place of employment.
1%W Page 36
V1. [§6001 RELOCATION PAYMENTS TO DISPLACED RESIDENTS
1%W A. [§6011 Payments Required
The Displacing Agency shall compensate a displaced resident for the expenses described in
§602 or§603 and in§604 or§615. A displaced resident who lawfully resides on his or her business
property may be eligible for both the payments described in this §600 and the payments to a
displaced business or farm operation provided under§700. A person who moves from his or her
dwelling or who moves his or her personal property there from because he or she is displaced by the
Displacing Agency from other real property on which he or she conducts a business or farm
operation shall be eligible only for payments provided for under §602 or§603.
D. [§6021 Actual Reasonable Moving Expenses
A displaced resident shall be compensated for the actual reasonable expenses incurred in
moving himself or herself and his or tier family,including moving personal property. In all cases the
amount of a payment shall not exceed the reasonable cost of accomplishing the activity in connection
with which a claim has been filed. The actual reasonable expenses incurred by the displaced resident
for moving and related expenses shall be compensated by the Displacing Agency on the basis of the
lower of three(3)comparable,competitive bids from professional movers,unless othem ise waived
by the Displacing Agency.
The moving and related expenses for which claims may be filed shall include:
NO. 1. Transportation of persons and property not to exceed a distance of fifty(50)
miles from the site from which the resident was displaced;except where the
Displacing Agency determines that relocation beyond such distance of fifty
(50) miles is justified;
2. Packing, crating, unpacking and uncrating personal property;
3. Such storage ofpersonal property,for a period generally not to exceed twelve
(12) months, as determined by the Displacing Agency to be necessary in
connection with relocation;
4. insurance of personal property while in storage or transit;
S. The reasonable replacement value of property lost, stolen, or damaged (not
through the fault of the displaced resident, his or her agent or employee) in
the process of moving,where insurance covering such loss,theft or damage is
not reasonably available;
6. Cost of disconnecting,disassembling,dismantling,removing, reassembling,
reconnecting and reinstalling machinery, equipment or other personal
'� Page 37
property not acquired by the Displacing Agency, including connection
charges imposed by public utilities for starting utility service.
C. [§ 6031 Alternate Payments
A displaced resident who is eligible for a payment for actual reasonable moving expenses
may elect to receive, and shall be paid, in lieu of such payment, a moving expense and dislocation
allowance which shall be determined according to a schedule established by the Displacing Agency.
The schedule shall be consistent with the residential moving expense and dislocation allowance
payment schedule established by Part 24 of Title 49 of The Code of Federal Regulations.
D. J§604] Replacement Housing Payments for Displaced Homeowners
1. [§6051 Amount of Payment
The Displacing Agency shall make, to a displaced homeowner who meets the eligibility
requirements of§606, a payment not to exceed a combined total of$22,500 for:
a. The amount, if any,which when added to the acquisition cost of the
dwelling acquired for the project equals the reasonable cost of a
comparable replacement dwelling,except where a displaced person is
willing to use the extra money to improve the condition of a dwelling
that is not decent, safe and sanitary and the dwelling was purchased
as a result ofthe Displacing Agency's failure to identify a reasonable
number of comparable replacement dwellings as required, or if the
dwelling is one to which the person was referred to by the Displacing
Agency;
b. The amount, if any, to compensate the displaced resident for any
increased interest cost he or she is required to pay for financing the
acquisition of a replacement dwelling. The payment shall not be
made unless the dwelling acquired by the Displacing Agency was
encumbered by a bona fide mortgage which was a valid lien on the
dwelling for not less than 180 days prior to the initiation of
negotiations for acquisition of such dwelling. (This time requirement
may be modified in accordance with the provisions of 9606b);
C. Reasonable expenses incurred by the displaced resident incident to
the purchase of the replacement dwelling, but not including prepaid
expenses;
d. The cost of rehabilitating a dwelling which does not satisfy the
decent; safe and sanitary standard.
Page 38
2. [§ 6061 Eligibility
A displaced resident is eligible for a replacement housing payment if such person satisfies the
following conditions:
a. Is displaced from a dwelling that is acquired.
b. Has actually owned and occupied the dwelling ftom which he or she
is displaced as a permanent or customary and usual place of abode for
not less than 180 days prior to the initiation of negotiations for
acquisition of such dwelling. If an owner satisfies all but the 180 day
requirement and can establish to the satisfaction of the Displacing
Agency that he or she bought the dwelling with the intention of
making it his or her place of residence, that the move was not
motivated by a desire to receive relocation assistance and benefits,
and that he or she neither knew nor should have known that public
acquisition was intended, the Displacing Agency may reduce the
requirement as necessary.
c. Purchases and occupies a replacement dwelling within one year
subsequent to the later of(i) the date on which he or she received
final payment from the Displacing Agency for all costs of the
acquired dwelling, or (ii)the date the Displacing Agency fulfills its
`' obligation to make available at least one comparable replacement
dwelling to the Displaced Person. Where for reasons beyond the
control of the displaced resident completion of construction,
rehabilitation, or relocation of a replacement dwelling is delayed
beyond the date by which occupancy is required, the Displacing
Agency shall determine the date of occupancy to be the date the
displaced resident enters into a contract for such construction,
rehabilitation,or relocation or for the purchase,upon completion,of a
dwelling to be constructed or rehabilitated, if, in fact the displaced
resident occupies the replacement dwelling when the construction or
rehabilitation is completed. Where for reasons of hardship or
circumstances beyond the control of the displaced resident, such
person is unable to occupy the replacement dwelling by the required
date, the Displacing Agency may extend the deadline in its sole
discretion. No person otherwise eligible for payment,shall be denied
such eligibility as a result of being unable,because of a major state or
national disaster, to meet the occupancy requirements contained
herein.
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3. [§6071 Computation of Replacement Housing Payment
a. [§6081 Reasonable Cost of Comparable Replacement Dwelling
In determining the reasonable cost of a comparable replacement dwelling, the Displacing
Agency shall use one of the following methods:
(1) Comparative Method. On a case by case basis by determining
the listing price of dwellings which have been selected by the
Displacing Agency and which are most representative of the
acquired dwelling unit and meet the definition of a
comparable replacement dwelling. Whenever possible the
listing price of at least three dwellings shall be considered.
{2) Schedule Method_ Where the Displacing Agency determines
the comparative method is not feasible, it may establish a
schedule of reasonable acquisition costs for the various types
of comparable replacement dwellings. The Displacing
Agency shall cooperate with other entities causing
displacement in the area to establish a uniform schedule. The
schedule shall be based on a current analysis of the market to
determine a reasonable cost for each type of dwelling to he
purchased. In large urban areas,the analysis may be confined
to the sub-area from which persons are displaced or may
cover several different sub-areas;if they satisfy or exceed the
criteria for a comparable replacement dwelling_ To assure the
greatest comparability of dwellings in any analysis, the
analysis shall be divided into classifications of the type of
construction, number of bedrooms, and price ranges.
(3) Alternative Method. Where the Displacing Agency
determines that neither the schedule,nor comparative method
is feasible in a given situation, the Displacing Agency may
use another reasonable method.
Whichever method is selected,the cost shall be updated to within three months of the date of
purchase of the replacement dwelling.
b. [§6041 Increased Interest Cost
Increased interest cost shall be equal to the discounted present value of the difference
between the aggregate interest applicable to the amount of the principal of the mortgage on the
acquired dwelling over its remaining term at the time of acquisition,and other debt service costs,and
the aggregate interest paid on the mortgage on the replacement dwelling, and other debt service
costs. The term and amounr of the mortgage on the replacement dwelling for the purposes of this
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section shall he the lesser of the remaining term and amount of the mortgage on the acquired
dwelling,or the actual term and amount of the mortgage on the replacement dwelling. The amount
4. of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt
service cost based on the cost required for a comparable replacement dwelling, or the debt service
cost based on the actual cost of the replacement dwelling.
Prepaid interest or"points" shall be considered in the determination ofthe aggregate interest.
In calculating the amount of compensation, increased interest cost shall be reduced to
discounted present value using the prevailing interest rate paid on savings deposits by commercial
banks in the general area in which the replacement dwelling is located.
c. [§ 6101 Expense Incidental to the Purchase of the Replacement
Dwelling
The replacement housing payment shall include the amount necessary to reimburse the
displaced resident for actual,reasonable costs incurred,incident to the purchase of the replacement
dwelling, including but not limited to the following:
(1) Reasonable legal, closing, and related costs including title
search,preparing conveyance contracts,notary fees, surveys,
preparing drawings or plans, and charges paid incident to
recordation:
(2) Fender, FHA, VA or similar appraisal costs;
(3) FHA, VA, or similar application fee;
(4) Cost for certification of structural soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's evidence or assurance of
title;
(7) Escrow agent's fee;
(8) Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount attributable to the purchase of a
replacement dwelling. Such expenses shall be reasonable and legally required or customary within
the boundaries of the City.
Reimbursement shall not be made under the provisions of this section for any fee, cost,
charge,or expense which is determined to be a part of the debt service or finance charge under Title I
of the Truth in Lending Act and Regulation Z issued pursuant thereto by the Board of Governors of
the Federal Reserve System. Any such sum should be considered in the determination of increased
interest cost.
Page 41
4. J§6111 Multi-Family Dwelling
ti.. In the case of a displaced homeowner who is required to move from a one-family unit of a
multi-family building which he or she owns,the replacement housing payment shall be based on the
cost of a comparable one-family unit in a multi-family building of approximately the same density or
if that is not available in a building of the next less density, or, if a comparable one-family unit in
such a multi-family building is not available, the cost of any otherwise comparable single-family
structure.
S. 1§6121 Homeowner Retention of Dwelling
If a displaced homeowner elects to retain,move,and occupy his or her dwelling,the amount
payable as the replacement housing payment is the difference between the acquisition price of the
acquired property and the sum of the moving and restoration expenses,the cost of correcting decent,
safe,and sanitary deficiencies,if any,and the actual purchase price of a comparable relocation site.
77te payment shall not exceed the amount of the replacement housing payment to which the
homeowner would otherwise be entitled_
6. J§6131 Provisional Payment Pending Condemnation
If the exact amount of a replacement housing payment cannot be determined because of a
pending condemnation suit,the Displacing Agency concerned may make a provisional replacement
housing payment to the displaced homeowner equal to the difference between the Displacing
%%W Agency's maximum offer for the property and the reasonable cost of a comparable replacement
dwelling, but only if the homeowner enters into an agreement that upon final adjudication of the
condemnation suit the replacement housing payment will be recomputed on the basis of the
acquisition price determined by the court. If the acquisition price as detennined by the court is
greater than the maximum offer upon which the provisional replacement housing payment is based,
the difference will be refunded by the homeowner to the Displacing Agency.lfthe acquisition price
as determined by the court is less than the maximum offer upon which the provisional replacement
housing payment is based, the difference will be paid to the homeowner.
6. 1§ 6141 Lease of Condominium
For the purpose of§604 through§612,the leasing of a condominium for a 99-year period,or
for a term which exceeds the life expectancy of the displaced resident as determined by the most
recent life tables in Vital Statistics of the United States, as published by the Public Health Service of
the Department of Health,Education and Welfare or successor acceptable index,shall be deemed a
purchase of the condominium,
E. [§6151 Replacement Housing Payments for Tenants and Certain Others
1. [§ 6161 Amount of.Payment
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The Displacing Agency shall make, to a displaced tenant who meets the eligibility
requirements of§617, a payment not to exceed $5,250.00 for either:
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a. An amount necessary to enable such person to lease or rent a
comparable replaceincra dwelling for a period not to exceed 42
months; or
b. An amount necessary to enable such person to make a downpayment
on the purchase of a decent, safe and sanitary replacement dwelling
(including incidental expenses described in§610).
2. [§617) Eligibility
A displaced resident is eligible for a replacement housing payment if such person satisfied the
IbIlowing conditions:
a. Has actually and lawfully occupied the dwelling from which he or she
is displaced for a period of not less than 90 days priorto the initiation
of negotiations for acquisition of-such dwelling. If a resident satisfies
all but the 90-day requirement and can establish to the satisfaction of
the Displacing Agency that he or she occupied the dwelling with the
intention of making it his or her place of residence,that the move was
not motivated by a desire to receive relocation assistance and benefits,
and that he or she neither knew nor should have known that public
acquisition was intended, the Displacing Agency may reduce the
requirements as necessary.
b. Ts not eligible to receive a replacement housing payment for
homeowners or elects not to receive such payment. Where the
displaced resident is the owner-occupant of the dwelling for at least
90 days but not more than 180 days immediately prior to the initiation
of negotiations for the acquisition of the dwelling,the payment made
under §616b shall not exceed the amount of payment to which the
resident would be entitled under §605.
c_ The displaced resident shall within one year from the date of
displacement rent or purchase (as the case may be) and occupy a
replacement dwelling. Where for reasons beyond the control of the
displaced resident, completion of construction; rehabilitation, or
relocation of a replacement dwelling is delayed beyond the date by
which occupancy is required,the Displacing Agency shall determine
the date of occupancy to be the date the displaced resident enters into
a contract for such construction, rehabilitation, or relocation or for
rental or purchase, upon completion, of a dwelling to be constructed
or rehabilitated, if. in fact, the displaced person occupies the
Page 43
replacement dwelling when the construction or rehabilitation is
completed. 'Where for reasons of hardship or circumstances beyond
I%w the control of the displaced resident, such person is unable to occupy
the replacement dwelling by the required date;the Displacing Agency
may extend the deadline at its sole discretion. No person otherwise
eligible for payment, shall be denied such eligibility as a result of his
or her being unable, because of a major state or national disaster, to
meet the occupancy requirements contained herein.
3. [§ 6181 Computation of Replacement Housing Payment
a. [§6191 Rent Differential Payment
'the amount of payment necessary for a displaced resident to lease or rent a comparable
replacement dwelling shall be computed by subtracting forty-two(42)times the base monthly rental
of the displaced resident,from forty-two(42)times the monthly rental for a comparable replacement
dwelling;provided, that in no case may such amount exceed the difference between forty-two(42)
times the base montlily rental and forty-two (42)times the monthly rental actually required for the
replacement dwelling occupied by the displaced resident.
(1) Base Monthly Rental. The base monthly rental shall he the
lesser of:
(a) the average monthly rental paid by displaced resident
`r. for the 3-month period prior to initiation of
negotiations; or
(b) thirty percent (30%) of the displaced resident's
average monthly gross income.
Where the displaced resident was the owner of the dwelling from which he or she was
displaced or was not required to pay rent for that dwelling,or where the rental is unrealistically low,
the economic rent shall be used in lieu of the average monthly rental to calculate base monthly rental.
(2) Rental for Comparable Replacement Dwelling The monthly
rental for a comparable replacement dwelling shall be
determined by the Displacing Agency using one of the
following methods:
(a) Comparative Method. On a case by case basis by
determining the listing rental of dwellings which are
most representative of the acquired dwelling and meet
the definition of a comparable replacement dwelling.
Whenever possible the listing rental of at least three
dwellings shall be considered.
Page 44
(b) Schedule Method. Where the Displacing Agency
�w determines the comparative method is not feasible.it
may establish a schedule of reasonable rental charges
for the various types of comparable replacement
dwellings. The Displacing Agency shall cooperate
with other entities causing displacement in the area to
establish a uniform schedule. The schedule shall be
based on a current analysis of the market to determine
a reasonable rental charge fnr each type of dwelling to
be rented. The analysis may he confined to other
sub-areas from which the persons are displaced or
may cover several different sub-areas if they satisfy or
exceed the criteria for a comparable replacement
dwelling. To assure the greatest comparability of
dwellings in any analysis,the analysis shall be divided
into classifications of the type of construction,number
of bedrooms, and range of rental charges.
(c) Alternative Method. Where the Displacing Agency
determines that neither the schedule,nor comparable
method is feasible in a given situation,the Displacing
Agency may use another reasonable method.
Whichever method is selected the cost shall be
updated to within three (3) months of the date of
rental of the replacement dwelling.
In calculating the base monthly rental and the rental
for a comparable replacement dwelling the Displacing
Agency will include as a component of rent the cost or
estimated cost of utilities,but not including telephone
service.
b. 1§6201 Downpayment
The downpayment, for which a payment specified in§616b may be made, shall not exceed
the amount of a reasonable dovmpay-rent for the purchase of a comparable replacement dwelling
where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling
computed in accordance with §610. The full amount of a downpayment shall be applied to the
purchase of the replacement dwelling and shall be shown on the closing statement or other document
acceptable to the Displacing Agency.
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4. 1§ 621] Rental Payments for Displaced Homeowners and Dependents
v a. [§ 6221 Homeowners
A displaced homeov4rier who elects to rent rather than purchase a replacement dwelling and
who meets the eligibility requirements of§6I 7 is eligible for the rent differential payment specified
in§619.
b- [§6231 Dependents
A dependent who is residing separate and apart from the person or family providing support,
whether such separate residence is permanent or temporary,shall be entitled to payment under§615,
but such payment shall be limited to the period during which the displaced dependent resides in the
replacement dwelling. For the purposes of this section, "dependent" shall be a person who derives
fifty-one percent(51%)or more of his or her income in the form of gifts,from any private person or
any academic scholarship or stipend. Full time students shall be presumed to be dependents but this
presumption may be rebutted by demonstrating that fifty percent(50%) or more of their income is
derived from sources other than gifts from another private person or academic scholarship or
stipends.
Dependents residing with the family of which they are a part shall not be entitled to any
payment except as a part of the family.
F. [§ 6241 Payments to Residents Displaced from Manufactured Homes and Mobile
Homes
1. [§ 6251 Payments Required
The eligibility requirements and payment provisions of§600 through§620 are applicable to
displaced residents who are owners or tenants of manufactured homes and mobile homes.
2. [§ 6261 Moving Expenses: Retention and Move of Manufactured Home or
Mobile Home
If a manufactured home or mobile home is moved to another site and the displaced resident
elects to be compensated for actual reasonable moving expenses (and not an alternate payment
pursuant to §603), then the displaced resident shall be paid an amount for moving expenses
determined in accordance with the applicable provisions of §703, Actual Reasonable Moving
Expenses for a displaced business.
3. 1§ 627] Replacement Housing Payments
The Displacing Agency shall make a replacement housing payment to a displaced resident
``W_ Page 46
who is displaced from his or her manufactured home and mobile home in the following situations:
*4%W a. A resident who owns a manufactured home or mobile home and site
and as a replacement, purchases both a dwelling and site shall he
provided a payment in accordance with§604. A resident.who owns
a manufactured home or mobile home and site and;as a replacement,
rents both a dwelling and site, shall be provided a payment in
accordance with§615.
b. A resident who rents a manufactured home or mobile home and site
and,as a replacement,rents or purchases a dwelling and site,shall be
provided a payment in accordance with §615.
C. A resident who owns a manufactured home or mobile home and site,
and, as a replacement,purchases a dwelling and rents a site, shall be
provided a payment in accordance with§604 and§615. The payment
shall be limited to the lesser Of-
The amount necessary to purchase a conventional comparable
replacement manufactured home or mobilehome; or
(2) The amount necessary to purchase a replacement
manufactured home or mobile home (in accordance with
§604)plus the amount necessary to rent a replacement site(in
accordance with §615). In calculating this amount, the
economic rent for the site shall be used in lieu of average
monthly rental to determine base monthly rent.
d. A resident who owns a site from which he or she moves a
manufactured home and mobile home shall he provided a payment
under§604 if he or she purchases a replacement site and under§615
if he or she rents a replacement site.
e. A resident who owns a manufactured home or mobile home which is
acquired and rents the site shall be provided payment as follows:
(1) If a manufactured home or mobile home is not available the
amount required to purchase a conventional replacement
dwelling(in accordance with §604);
(2) The amount necessary to purchase a replacement
manufactured home or mobile home (in accordance with
§604) plus the amount necessary to lease, rent or make a
down payment on a replacement site (in accordance with
§615); or
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(3) If lie or she elects to rent a replacement manufactured home or
mobile home and site, the amount required to do so in
accordance with §615. In calculating this payment, the
average monthly rental shall equal the economic rent for the
manufactured home or mobile home plus the actual rent for
the site.
f. gimilar principles shall he applied to other possible combinations of
ownership and tenancy upon which a claim for payment might be
based.
G. [§628] Proration of Payments
For the purpose of calculating an alternate payment under§603, or a replacement housing
payment under§604 or§615,two or more individuals(whether they are members of one family or
not) living together in, and displaced from, a single dwelling shall be regarded as one displaced
resident. If two or more such individuals submit more than one claim, an eligible claimant for a
payment may be paid only his or her reasonable pro rata share (as determined by the Misplacing
Agency) of the total payment applicable to a single displaced resident. The total of the payments
made to all such claimants moving from the dwelling unit shall not exceed the total payment allowed
to be made to a single displaced resident.
Where a tenant is sharing a single-family dwelling with an owner-occupant and paying the
owner-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the
rental assistance payment otherwise payable. The owner-occupant shall not be required to share the
replacement housing payment to which he or she is entitled or to accept a prorated amount.
H. [§ 6291 Condition of Replacement Dwelling
When a displaced person qualifies far a replacement housing payment under§604 or§615,
by purchasing or renting a replacement dwelling,the unit,as a general rule, must be decent, safe and
sanitary. There are three exceptions. These are:
(1)If a displaced person occupies a unit to which he is referred by the Displacing Agency and
the unit does not satisfy the comparable replacement dwelling standard, the Displacing
Agency has not fulfilled its obligations to assist the displaced person to obtain such a
dwelling. Whenever this occurs the Displacing Agency shall offer to locate such a dwelling
for the displaced person and to pay again all moving and related expenses. If the displaced
person chooses not to move from the unit that he occupied following referral_the Displacing
Agency shall not assert that he is ineligible to receive relocation assistance and benefits on
the basis of that unit's failure to satisfy the comparable replacement dwelling standard: or
(2) If the purchase of such a dwelling is the result of the Displacing Agency's failure to
'` Page 48
identify a reasonable number of comparable replacement dwellings as required or if the
dwelling is one to which the person was referred by the Displacing Agency,the condition of
"` the dwelling does not effect eligibility for a replacement housing payment; or
(3) if the purchase of such a dwelling is not the result of a Displacing Agency's referral or
failure to refer,the otherwise eligible person qualifies for a replacement housing payment if
the unit is brought into compliance with the decent, safe and sanitary standard. In this
situation payment shall be limited to the amount that would be provided in connection with
the purchase of a similar,comparable replacement dwelling or the sum of the actual costs of
acquisition (including related expenses) and rehabilitation, whichever is less.
The Displacing Agency public entity will not induce or encourage a displaced person to
acquire a dwelling which does not satisfy the comparable replacement housing standard(See§211),
I. [§ 6301 Payment after Death
A replacement housing payment is personal to the displaced person and upon his or her death
the undistributed portion of any such payment shall not be paid to his or her heirs or assigns, except
that:
1. The cost attributable to the displaced person's actual occupancy of the
replacement housing shall be paid;
2. The full payment shall be disbursed in any case in which a member of a
displaced family dies and the other family members continues to occupy the
replacement dwelling selected in accordance with the regulations in this part;
and
3. That portion of replacement housing payment necessary to satisfy the legal
obligation of an estate in connection with the selection of a dwelling by or on
behalf of a deceased person shall be disbursed to the estate.
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VII. [§ 7001 RELOCATION PAYMENTS TO DISPLACED BUSINESSES OR FARMS
A. [§ 7011 Payments Required
The Displacing Agency shall compensate the owner of a displaced business or farm operation
(hereinafter "business") for the expenses described in §702 through §708 or §709 through §715.
Whenever the acquisition of real property used for a business causes the business to move from other
real property upon which the same business is conducted, or to move its personal property there
from,such business shall receive payments for moving and related expenses under§702 and§703 in
connection with its move from such other real property.
B. [§ 7021 Moving Expenses
1_ 1§ 7031 Actual Reasonable Moving Expenses
A displaced business shall be compensated for the actual reasonable expenses incurred for
moving the business including moving personal property. In all cases the amount of payment shall
not exceed the reasonable cost of accomplishing the activity in connection with which a claim has
been filed.
The moving and related expenses for which claims may be filed shall include:
a. Transportation of persons and property not to exceed a distance of
fifty (50) miles from the site from which the business was displaced,
except where the Displacing Agency determines that relocation
beyond such distance of fifty (50) miles is justified;
b. Packing, crating, unpacking, and :mcrating personal property-
C. Such storage of personal property for a period generally not to exceed
twelve (12) months, as determined by the Displacing Agency to be
necessary in connection with relocation;
d. Insurance of personal property while in storage or transit;
e. The reasonable replacement value of property lost,stolen,or damaged
(not through the fault or negligence of the displaced business, its
agents or employee) in the process of moving, wbere insurance
covering such loss,theft, or damage is not reasonably available;
K The cost directly related to displacement of modifying the machinery,
equipment, or other personal property to adapt it to the replacement
location or to utilities available at the replacement location or
modifi,ing the power supply.
`'� Page 50
Claims for payment under this subsection shall be subject to the
following limitations:
(1) Reimbursement costs shall be reasonable in amount.
(2) The cost could not be avoided or substantially reduced at aii
alternate available and suitable site to which the business was
referred.
g. The cost of any license, permit, or certification required by a
displaced business concern to the extent such cost is necessary to the
reestablishment of its operation at a new location;
h. The reasonable cost of consultants including: architects,engineers,or
others provide general or specialized services necessary for (i)
planning the move of the personal property, or (ii) moving the
personal property,or(iii)installing the relocated personal property at
the replacement location. For purposes of this paragraph, and in
order to avoid duplication of payment, all such services shall not be
deemed "necessary"when the services have been or will be provided
by the Displacing Agency or consultants retained by the Displacing
Agency. The necessity of other services not provided by the
Displacing Agency shall be determined by the Displacing Agency.
Payment for all of the above necessary services must be approved in
writing by the Displacing Agency prior to their use. Information on
the area of expertise and the qualifications of such persons must be
provided for review and a reasonable hourly rate or fee must be
approved by the Displacing Agency before any costs are incurred;
otherwise,such services are not reimbursable. An itemized statement
of all services shall be provided to the Displacing Agency stating the
dates of such services; the location where services were provided;the
name, address and telephone of person or firm providing services.
i. Where an item of personal property which is used in connection with
any business is not moved but is replaced with a comparable item,
reimbursement in an amount not to exceed the lesser of:
(1) The reasonable replacement cost of the personal property,
minus net proceeds (if any) realized from the sale of all or
part of the property,
(2) The estimated reasonable cost of moving the personal
property, as determined by the Displacing Agency.
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In order to obtain a payment under this paragraph, the Displacing
Agency may require that the displaced business make a bona fide
1�4w effort to sell the personal property for which the payment is claimed
at the highest price offered alter reasonable efforts have been made
over a reasonable period of time to interested prospective purchasers.
The displaced business shall be reimbursed for the reasonable costs
of such effort to sell the tangible personal property.
j. Where,in the judgment of the Displacing Agency,the cost of moving
any item of personal property of low value and high bulk which is
used in connection with any business would be disproportionate in
relation to its value, the allowable reimbursement for the expense of
moving such property shall not exceed the difference between the
cost of replacing the same with a comparable item available on the
market and the amount which would have been received for such
property on liquidation. This provision may, in appropriate
situations, be applied to claims involving the moving of junk yards,
stockpiles, sand, gravel, minerals, metals, and similar property.
k. A displaced business which conducts a lawful activity primarily for
assisting in the purchase, sale, resale, manufacture, processing, or
marketing of products,commodities,personal property,or services by
the erection and maintenance of outdoor advertising displays is
entitled to payment for the reasonable cost of moving such displays or
their in-place value, whichever is less.
2. 1§7041 Actual Direct Loss of Tangible Personal Property
A displaced business shall be compensated for the actual direct loss of tangible personal
property of the displaced business or farm operation attributable to moving or discontinuing such
business_ The actual direct loss of personal property for which claims may be filed shall be
determined on the basis of the lesser of:
a. The in-use value (fair market value of the personal property for
continued use at its location prior to displacement) minus net
proceeds realized from the sale of all or part of the property; or
b. The estimated reasonable costs of relocating the property. The
Displacing Agency may require that the owner first make a bona fide
effort to sell the property or it may permit the owner not to do so. The
proceeds realized from any sale of all or part of the property shall be
deducted from the determination of loss. In calculating payment
under this section the reasonable cost of an effort to sell shall be
added to the determination of loss.
'fto " Page 52
The actual direct loss of personal property shall be supported by written evidence of loss
which may include appraisals, certified prices, bills of sale, receipts, canceled checks, copies of
�ftw advertisements, offers to sell, auction records,and other records appropriate to support the claim or
the Displacing Agency may agree as to the value of the property left in place.
In the event personal property which is sold or abandoned is promptly replaced with a
comparable item, no payment for the actual direct loss of such personal property shall be made to the
displaced business by the Displacing Agency; instead, the displaced business shall be paid the
amount specified in §703i.
3. [§7051 Actual Reasonable Expenses in Searching for a Replacement Business
A displaced person who satisfies the applicable eligibility requirements of§703 pertainingto
actual reasonable expenses, shall be eligible for compensation for actual reasonable expenses
incurred in searching for a replacement business site which may include: transportation within a
radius of fifty(50)miles from the boundaries of the City,meals and lodging if necessary,an amount
to cover time spent during normal working hours, based on the hourly wage rate of the salary or
earnings of the displaced person or his or her representative, and proven reasonable lees paid to a
real estate broker or agent to locate to a new site. The maximum total amount of reimbursement for
searching expenses fora new location is One Thousand and No/l00($1,000.00)Receipted invoices,
bills, receipts, and a completed Displacing Agency Searching Cost Form must be certified and
submitted for all expenses claimed. Costs incurred in inspecting sites beyond a fifty(50)mile radius
are not eligible.
C. [§706] Actual Reasonable Expenses To Reestablish A Small Business or Nonprofit
Organization
1. [§ 7071 Eligible Reestablishment Expenses
In addition to moving expense payments, a farm, nonprofit organization or small business
shall be entitled to actual and reasonable reestablishment expenses, not to exceed $10,000.00.
Reestablishment expenses shall be only those expenses that are reasonable and necessary and
include, but are not limited to:
a. Repairs or improvements to the replacement property as required by
federal, state or local law, code or ordinance.
b. Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for
conducting the business.
C. Construction and installation costs for exterior signing to advertise
the business.
Page 53
d. Provision of utilities from right-of-way to improvements on the
replacement site.
c. Redecoration or replacement of soiled or worn surfaces at the
replacement site, such as paint, paneling or carpeting.
f. Licenses, fees and permits when not paid as part of moving expenses.
g. Feasibility surveys, soil testing and marketing studies.
h. Advertisement of replacement location.
i. Professional services in connection with the purchase or lease of a
replacement site.
j. Estimated increased costs of operation during the first 2 years at the
replacement site for such items as:
(I) Lease or rental charges,
(2) Personal or real property taxes,
(3) Insurance premiums, and
(4) Utility charges, excluding impact fees.
k. Impact fees or one-time assessments for anticipated heavy usage.
1. Other items essential to the reestablishment of the business.
2. 1§ 7081 Ineligible Reestablishment Expenses
The following is a nonexclusive listing of reestablishment expenditures not considered to be
reasonable, necessary, or otherwise eligible:
a. Purchase of capital assets, such as, office furniture„ machinery, or
trade fixtures.
b. Purchase of manufacturing materials, production supplies, product
inventory, or other items used in the normal course of the business
operation.
C. Interior or exterior refurbishment at the replacement site which are for
aesthetic purposes, except as provided in §707 Le., above.
d. Interest on money borrowed for move or purchase of replacement
property.
14+ Page 54
e. Payment to a part-time business in the home which does not
contribute materially to the household income.
tirr
D. [§ 709] Alternate Payment
1. 1§ 7101 Determination of Payments
a. [§?I I] Amount of Payment
A displaced business which moves or discontinues, and which meets the eligibility
requirements of§713,may elect to receive and shall be paid, in lieu of the payments for which it is
otherwise entitled under§702,a payment equal to the average annual net earnings of the business,
except that such payment shall not be less than one thousand dollars($1,000.00)or more than twenty
thousand dollars ($20,000.00). Said dollar limitation shall apply to a single business regardless of
whether it is carried on under one or more legal entities.
If a displaced person who conducts a business elects to receive a fixed payment under this
section, he shall provide proof of earnings from the business to the Displacing Agency. Proof of
earnings may be established by income tax returns, financial statements and accounting records or
similar evidence acceptable to the public entity.
b. [§ 7121 Determination of Number of Businesses
In determining whether one or more legal entities,all of which have been acquired,constitute
a single business,the following factors among others, shall be considered:
(1) The extent to which the same premises and equipment are
shared:
(2) The extent to which substantially identical or intimately
interrelated business functions are pursued and business and
financial affairs are commingled;
(3) The extent to which such entities are held out to the public,
and to those customarily dealing with such entities, as one
business;
(4) The extent to which the same person or closely related
persons owns, control; or manage the affairs of the entities.
2. [§ 7131 Eligibility
a. [§7141 Business
A displaced business is eligible for the payment provided for in§709 only if the Displacing
Agency determines that:
Page 55
(1) The business is not operated solely for rental purposes and
cannot be relocated without a substantial loss of its existing
patronage, based on a consideration of all pertinent
circumstances including such factors as the type of business
conducted,the nature of the clientele,the relative importance
to the displaced business of its present and proposed location,
and the availability of a suitable relocation site;
(2) The business is not part of a commercial enterprise having
more than three(3)other establishments which are not being
acquired for a project and which is engaged in the same or
similar business. 'Whenever the sole remaining facility of a
business has been displaced from its principal location:
(a) Has been in operation for less than two years;
(b) Has had average annual gross receipts of less than
$2,000.00 during the two taxable years prior to
displacement of the major component of the business,-
or
(e) Has had average annual net earnings of less than
$1,000,00 during the two taxable years prior to
displacement of the major component of the business,
the remaining facility will not be considered another
"establishment" for purposed of this section; and
(3) The displaced business:
(a) Has average annual gross receipts of at least
$5,000.00 during the two taxable years prior to
displacement; or
(b) The displaced business had average annual net
earnings of a least $1,000.00 during the two taxable
years prior to displacement; or
(c) The displaced business contributed at least 331/3
percent of the total gross income of the owner(s)
during each of the two taxable years prior to
displacement. If in any case, the Displacing Agency
determines that the two year period prior to
displacement is not representative of average receipts,
earnings or income,the Displacing Agency may make
use of a more representative period.
(d) If application of the above criteria creates an inequity
or hardship, the Displacing Agency may use other
criteria as determined appropriate.
�► Page. 56
b. 1§ 7151 Nonprofit Organizations
For purposes of applying§709 to nonprofit organizations,no payment shall be made unless
The Displacing Agency determines that:
a. The nonprofit organization cannot be relocated without a
substantial loss of its existing patronage (the term "existing
patronage" as used in connection with a nonprofit
organization includes the membership,persons, community,
or clientele served by the activities of the nonprofit
organization); and
b. The nonprofit organization is not a part of an enterprise
having more than three (3) other establishments not being
acquired which is engaged in the same or similar activity.
3. 1§7161 Loss of Goodwill
When payment under this section will precede settlement of a claim for compensation for
loss of goodwill under the Eminent Domain Law.the Displacing Agency,before tendering payment,
shall state in writing what portion of the payment,if any,is considered to be compensation for loss of
goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedures
1263.510 et seq., (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation of Loss of
Goodwill")will be reduced in the same amount. The portion considered to be compensation for loss
of goodwill shall not exceed the difference between the payment made under this section and an
amount which reasonably approximates the payments for which the displaced person otherwise
would be eligible to receive under§703 through§707. Failure to provide such written statement and
explanation shall constitute a conclusive indication that no portion of the payment is considered to be
compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure
referenced above.
`� Page 57
Vlll. [§800] CLAIM AND PAYMENT PROCEDURES; TERMINATION OF
RELOCATION ASSISTANCE
A. [§8011 Filing of Claims
All claims for relocation assistance and payments filed with the Displacing Agency shall be
submitted within eighteen (18)months of the date on which the claimant receives final payment for
the property or the date on which claimant moves,whichever is later. The Displacing Agency may,
in its sole discretion, extend this period upon a proper showing of good cause.
B. [§8021 Documentation in Support of Claim
1. [§8031 Moving Expenses
a- [§8041 Commercial Moves
Except in the case of a displaced resident or displaced business electing to "self move", a
claim for payment of actual reasonable moving expenses shall be supported by a bill or other
evidence of expenses incurred.
Each claim in excess of one thousand dollars($1,000) for the costs incurred by a displaced
business in moving the business operation shall be supported by at least three(3) competitive bids.
If the Displacing Agency determines that compliance with the bid requirement is impractical, or if
'Now estimates in an amount less than one thousand dollars ($I,000) are obtained, a claim may be
supported by estimates in lieu of bids.
b. [§8051 Self-Moves
Approval of a self-move shall be conditioned upon whether the displaced business has a
pennanent replacement site to move to. If so, the Displacing Agency may, at its sole discretion,
approve a payment for moving expenses, in an amount not to exceed the lowest acceptable bid or
estimate obtained by the Displacing Agency. A self-move to storage may be approved by the
Displacing Agency at its sole discretion.
c. [§8061 Exemption from Public Utilities Commission Regulations
Whenever the Displacing Agency must pay the actual cost of moving a displaced person or
business, the costs of such move shall be exempt from regulation by the Public Utilities
Commission. The Displacing Agency may solicit competitive bids from qualified bidders for
performance of the work. Bids submitted in response to such solicitations shall be exempt from
regulation by the Public [Itilities Commission.
�ftw Page 58
2. j§8071 Loss of Property
A claim by a displaced business for payment for the actual direct loss of tangible personal
property pursuant to §704 shall be supported by written evidence of loss which may include
appraisals,certified prices,bills of sale,receipts,canceled checks,copies of advertisements,offers to
sell, auction records, and other records appropriate to support the claim or the Displacing Agency
may agree as to the value of the property left in place.
3. [§8081 Proof of Earnings
If a displaced business elects to receive an alternate payment pursuant to §709 ofthese Rules
and Regulations,the business shall provide proof of its earnings to the Displacing Agency. Proof of
earnings may be established by income tax returns, financial statements and accounting records or
similar evidence acceptable to the Displacing Agency.
C. [§8091 Payment of Moving Expenses
1. [§8101 Advance Payment
An eligible displaced resident or displaced business may be paid for his or her anticipated
moving expenses in advance of the actual move. The Displacing Agency shall provide advance
payment whenever later payment would result in financial hardship.Particular consideration shall be
ti.. given to the financial limitations and difficulties experienced by low and moderate income residents
and small farm and business operations.
2. [§ 8111 Direct Payment
By prearrangement between the Displacing Agency, the displaced resident or displaced
business, and the mover, evidenced in writing, the claimant or the mover may present an unpaid
moving bill to the Displacing Agency, and the Displacing Agency may pay the mover directly.
3. f§8121 Methods Not Exclusive
The specific provisions of these Rules and Regulations are not intended to preclude the
Displacing Agency's reliance upon other reasonable means of effecting a move, including
contracting moves and arranging for assignment of moving expense payments by displaced persons.
D. 1§ 8131 Payments for Replacement Dwellings
1. [§814] Payment for Purchase of Comparable Replacement Dwelling
a. 1§ 8151 Disbursement
�"' Page 59
When the Displacing Agency has determined the amount of the payment for purchase of a
comparable replacement dwelling to which the displaced resident is entitled and has verified that the
NOW displaced resident occupies a comparable replacement dwelling, payment shall be made to the
displaced resident.
b. [§8161 Provisional Payment Pending Condemnation
If the exact amount or a replacement housing payment cannot be determined because of a
pending condemnation suit,the Displacing Agency may,at the Displacing Agency's sole discretion,
make a provisional replacement housing payment to the displaced homeowner equal to the difference
between the Displacing Agency's maximum offer for the property and the reasonable cost of a
comparable replacement dwelling, but only if the homeowner enters into an agreement that upon
final adjudication of the condemnation suit the replacement housing payment wilt be recomputed on
the basis of the acquisition price determined by the court If the acquisition price as determined by
the court is greater than the maximum offer upon which the provisional replacement housing
payment is based, the difference shall be refunded by the homeowner to the Displacing Agency. If
the acquisition price as determined by the court is less than the maximum offer upon which the
provisional replacement housing payment is based,the difference shall be paid to the homeowner.
An agreement shall be entered into between the Displacing Agency and the displaced homeowner
setting forth terms and conditions for payment and refund of such amounts.
c. [§8171 Certificate of Eligibility
11"W Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a
comparable replacement dwelling,but who is otherwise eligible for a replacement housing payment,
the Displacing Agency shall certify to any interested party,financial institution or lending agency,
that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he or she
purchases and occupies a dwelling within the time limits prescribed.
Z. [§ 8181 Rent Differential Payments
When the Displacing Agency has determined the amount of the rent differential payment to
which the displaced resident is entitled and has verified that the displaced resident occupies a
comparable replacement dwelling, payment shall be made in a lump sure to the displaced resident
unless the payment is,as determined by the Displacing Agency in its sole discretion,in excess of the
maximum amount set forth in§616,in which case payments may be made in periodic installments.
E. [§ 8191 Termination of Relocation Assistance
The Displacing Agency's relocation obligations cease under [he following circumstances:
1. A displaced resident moves to a comparable replacement dwelling and
receives all assistance and payments to which he or she is entitled;
`aw Page 60
2. 'I'he displaced resident moves to substandard housing and refuses reasonable
offers of additional assistance in moving to a decent. safe and sanitary
N%W replacement dwelling and receives all payments to which he or she is entitled;
3. AlI reasonable efforts to trace a person have failed. To ensure that the action
of the Displacing Agency does not reduce the housing supply in critical
categories or locations,unsuccessful efforts to trace a particular person shall
not lessen the obligation to provide last resort housing;
4. The business concern or farm operation has received all assistance and
payments to which it is entitled and has been successfully relocated or has
ceased operations;
5. A person displaced from his or her dwelling, business or farm operation
refuses reasonable offers of assistance, payments and comparable
replacement dwellings.
The Displacing Agency determines a relocatee is not a Displaced Person or is otherwise not entitled
to relocation assistance.
'" Page 61
IX. J§9001 CITIZEN PARTICIPATION
A. J§9011 General Requirements
The Displacing Agency shall assure the following:
1. Timely and full access to all documents relevant to the relocation program.
The Displacing Agency may reasonably restrict access to material where its
confidentiality is protected by law or its disclosure is prohibited by law.
The Displacing Agency shall ensure that the information in documents,the
provision of which would result in disclosure of the identity of eligible
persons, is provided in a manner designed to avoid such disclosure. TMs
obligation to avoid improper disclosure shall not affect the right of the person
to which the information relates,or any other person authorized in writing by
such person,to inspect such documents.
2. The provision of technical assistance necessary to interpret elements of the
relocation plan and other pertinent materials.
3. The right to submit written or oral comments and objections, including the
right to submit Nmitten comments on the relocation plan and to have these
comments attached to any Relocation Plan when it is forwarded to the City
Council. (See §319 et. seq.)
4. Prompt, written responses to any written objections or criticisms.
H. J§9021 Relocation Committee
When a substantial number of persons will be displaced from their dwellings,the Displacing
Agency shall encourage the residents and community organizations in the displacement areato form
a relocation committee.The committee shall include,when applicable,residential owner occupants,
residential tenants, business people, and members of existing organizations within the area_ In lieu
of initiating a new process of citizen participation, public entities which have conducted or are
conducting a citizen participation process as part of an existing development program may substitute
such process if it satisfied the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings,the Displacing
Agency shall at least consult with and obtain the advice of residents and community organizations
and make the relocation plan available to such persons and organizations prior to submitting it to the
legislative body for approval.
`� Page 62
C. [§ 9031 Replacement Housing Committee
The Displacing Agency shall establish a Replacement Housing Committee when
required as described in§409-
°�' Page 63
X. 1§ 10001 GRIFVANCE PROCEDURES
A. {§ 10011 Purpose
The purpose of the Grievance Procedures is to attempt to resolve disputes between the
claimant and the Displacing Agency at the lowest possible administrative level while affording the
claimant an opportunity to have a full and fair review of his or her cast. Therefore, all relevant
evidence should be presented at the lowest level of these proceedings. In any case where such
evidence could have been presented at a lower level and the claimant failed to do so,the Relocation
Appeals Board may refer the matter back to the lower level for consideration and determination prior
to their considering such evidence.
B. J§ 10021 Right of Review
Any displaced person who is not satisfied with a determination as to eligibility; amount of
payment, and failure by the Displacing Agency to provide comparable permanent or adequate
temporary replacement housing or the Displacing Agency's property management practices,or not
properly applying appropriate regulations,at his or her election may have his or her claim reviewed
and reconsidered in accordance with the Displacing Agency's adopted procedures.
A person or organization directly affected by the relocation plan may petition the State
Department of Housing and Community Development and to review the final relocation plan of the
Displacing Agency to determine if the plan is in compliance with state laws and guidelines or review
the implementation of a relocation plan to determine if the Displacing Agency is acting in
compliance with its relocation plan_
C. 1§ 10031 Request for Further Written Information
A claimant may first request the Displacing Agency's designated representative to provide
him with a full written explanation of its determination and the basis therefore, if the claimant feels
that the explanation accompanying payment of the claim or notice of the Displacing Agency's
determination was incorrect or inadequate. This explanation shall be provided to the claimant within
three weeks from the date of receipt of the request. This request must be made within the same 18
month period described in§1009.
D. 1§ 10041 Informal Oral Presentation
If the claimant feels that the vtiTitten explanation is incorrect or inadequate, he or she may
request an informal hearing with the Community and Economic Development Director(Director).
All such requests shall be in ,xTiting and shall be accompanied by a relocation complaint form if
required by the Displacing Agency. Claimant shall have the burden of determining whether the
Displacing Agency requires submittal of a complaint form. The request for an informal hearing must
be submitted to the Director within the same 18 month period described in §1009.
�`'� Page 64
Within fifteen (15) days from the date of receipt of claimant's written request, including a
relocation complaint form(incorporated as Exhibit "B"),claimant shall be afforded an opportunity
to make an oral presentation to the Director to enable the claimant to discuss the claim with the
Director_ The claimant may be represented by an attorney or other person of his or her choosing at
the oral hearing (at the cost of the claimant).
The Director shall prepare a summary of the matters discussed and determinations made
during the informal oral hearing, place a copy of the summary in claimant's file, and serve a copy
thereof upon the claimant.
The right to formal review and reconsideration shall not be conditioned upon requesting an
oral presentation.
E. [§ 10051 Written Request for Review and Reconsideration
At any time within the period described in §1009 a claimant may file a written request for
formal review and reconsideration. The claimant may include in the request for review any
statement of fact within the claimant's knowledge or belief or other material which may have a
bearing on the appeal. ff the claimant requests more time to gather and prepare additional material
for consideration or review and demonstrates a reasonable basis therelor,the claimant's request shall
be granted.
F. [§ 10061 Formal Review and Reconsideration by Director
1. The Director,or his or her designee,shall consider the request for review and
shall decide whether a modification of the initial determinations necessary.
The Director shall have the authority to revise the initial determination or the
determination of a previous oral presentation. The Director shall consider
every aggrieved person's complaint regardless of form,and shall if necessary
provide assistance to the claimant in preparing the written claim. When a
claimant seeks review, the Director shall inform claimant he or she has the
right to be represented by an attorney; to present his or her case by oral or
documentary evidence, to submit rebuttal evidence, and to conduct such
cross-examination,as may be required, for a full and true disclosure of facts,
and to seek judicial review once claimant has exhausted administrative
appeal.
2. The Director shall review and consider the initial determination of the
claimant's case in light of:
a. All material upon which the Displacing Agency based its original
determination including all applicable rules and regulations, except
that no evidence shall be relied upon where a claimant has been
improperly denied an opportunity to controvert the evidence or cross-
examine the witness.
Now, Page 65
b. The reasons given by the claimant for requesting review and
reconsideration of his or her claim.
C. Any additional written or relevant documentary material submitted by
the claimant.
d. Any further information which the Director may, in his or her
discretion, obtain by request, investigation or research, to insure fair
and full review of the claim.
3. The determination on review by the Director shall include, but is not limited
to:
a_ The Director's decision on reconsideration of the claim.
b. The factual and legal basis upon which the decision is based,
including any pertinent explanation or rationale.
C. A statement of claimant's right to seek further review of his or her
claim by the Relocation Appeals Board and an explanation of the
steps the claimant must take to obtain this review.
The Director shall issue his or her determination of review as soon as possible but no later
�r than forty-five(45)days from receipt of the last material submitted for consideration bythe claimant
or the date of the hearing,whichever is later. The Director's determination shall be Made in writing;
with a copy provided to the claimant.
In case of complaints dismissed for untimeliness or for any other reason not based on the
merits of the claim,the Director shall furnish a written statement to claimant stating the reason for
the dismissal of the claim as soon as possible but not later than fifteen (15)days from receipt of the
last material submitted by the claimant or the date of the hearing, whichever is later.
G. 1§ 1007J Appeals Board Review
If the claimant feels that the Director's determination following the informal oral hearing or
written review or formal hearing before the Director is incorrect or inadequate,he or she may request
a formal hearing before a Relocation Appeals Board.
To obtain a formal hearing before a Relocation Appeals Board the claimant must request in
writing that the Director schedule such a hearing. Such request shall be made within the period
described in §1009.
1. Within fifteen(15)days from the date of receipt of claimant's written request.
he or she will be notified of the formal hearing date. If the claimant requests
''� Page 66
additional time to prepare material for consideration and shows good cause
therefor, the hearing date shall be continued to another date.
2. The Relocation Appeals Board shall have the authority to revise the prior
determination of the Director.
3. The Relocation Appeals Board shall,at the time it gives notice of the formal
hearing date. notify the claimant that he or she has the right to be represented
by an attorney or others at his or her own expense,to present his or her case
by oral or documentary evidence; the right to submit oral or documentary
evidence; the right to submit rebuttal evidence to conduct such cross
examination as may be required for a full and true disclosure of facts;and the
right to seek judicial review once claimant has exhausted administrative
appeal.
4. The Relocation Appeals Board shall review the initial determination, the
determination made at an informal hearing, or the determination made at a
formal hearing before the Director,taking into consideration all material upon
which the challenged determination was made, all applicable rules and
regulations, the reasons given by the claimant for requesting review, any
additional relevant evidence, oral or documentary, submitted by either the
claimant or the Displacing Agency's representatives. No evidence may be
relied upon by the Relocation Appeals Board where the claimant has been
improperly denied an opportunity to rebut evidence or cross-examine a
witness.
5. The Relocation Appeals Board shall make its recommendation within six
weeks from the date on which the formal hearing is concluded or the date of
receipt of the last material submitted, whichever is later.
6. The Relocation Appeals Board's recommendation shall he made in writing
and shall contain its recommendation,the factual and legal basis upon which
the recommendation is made and a statement informing the claimant of his or
her right to seek judicial review.
7. The claimant and the Displacing Agency's governing body shalt be promptly
served with a copy of the Relocation Appeals Board's recommendation.
H. [§ 10681 Determination by City Council or Agency Board
Upon reviewing the recommendation of the Relocation Appeals Board, the Director shall
refer the recommendation to the City Council or Agency Board, as applicable, at its next regular
meeting and the City Council or Agency Board shall thereupon fix a time for considering the matter,
which time shall be not less than thirty (30)days from the time the recommendation is delivered to
the City Council Or Agency Board by the Director.
Page 67
On the date thus fixed,or on the date to which the matter shall have been continued,the City
\r Councilor Agency Board shall proceed to consider the recommendation of the Relocation Appeals
Board and shall make and enter on its minutes its final determination therein, which may confirm,
modify, or set aside the findings of the Relocation Appeals Board. The City Council's or Agency
Hoard's determination in the matter shall be final and conclusive. The Displacing Agency shall
provide a written determination to the claimant.
The claimant shall be deemed to have exhausted his/her administrative remedies upon the
Displacing Agency taking action upon hisfhcr appeal or the failure of the claimant to timely pursue
its rights hereunder.
1. [§ 10091 Time Limits
A claimant desiring either an informal oral presentation or seeking a formal review and
reconsideration,including seeking the review ofthe Relocation Appeals Board,shall make a request
within eighteen(18)months following the later of(i)the date he/she moves from the property or(ii)
the dale he/she receives final compensation for the property.The Director may,but is not required to,
extend any of the time limits specified in this Article upon a showing of good cause. Any refusal to
waive a time limit may be reviewed in accordance with the procedures set forth in sections 1005 and
1007 above; except that such written request for review shall be filed within ninety (90) days of
claimant's receipt of the Displacing Agency's determination.
J. [§ 10101 Review of Files by Claimant
The claimant may inspect all files and records bearing upon his or her claim or the
prosecution of the claimant's grievance,except to the extent the confidentiality of the material sought
or the disclosure thereof is protected or prohibited by law. if a claimant is improperly denied access
to any relevant material bearing on the claim,such material may not be relied upon inn reviewing the
initial determination.
K. [§ 10111 Effect of Determination
Determinations made by the Displacing Agency with respect to acquisition and relocation
policies and procedures shall be applicable to all eligible persons in similar situations regardless of
whether any such eligible person seeks a review. All written determinations shall be filed in the
records of the Displacing Agency and available for public inspection.
L. ]§ 1012] Right to Counsel
Any claimant has the right to be represented by an attorney at his or her expense at any and
all stages of the proceedings set forth in this Article.
`� Page 68
M. [§ 10131 Notification to Complainant
I%W If the Displacing Agency denies or refuses to consider a claim, the Displacing Agency's
notification to the complainant of its determination shall inform the complainant of its reasons and
the applicable procedures for obtaining review of the decision. Such notification shall be provided as
soon as possible but no Later than 2 weeks from receipt of the last material submitted by the claimant
or the date of the hearing.; whichever is later. If necessary-, such notification shall be printed in a
language other than English.
N. [§ 10141 Stay of Displacement Pending Review
If a complainant seeks to prevent displacement,the Displacing Agency shall not require the
complainant to move until at least 20 days after it has made a determination and the complainant has
had an opportunity to seek judicial review. In all cases the Displacing Agency shall notify the
complainant in writing 20 days prior to the proposed new date of displacement.
O. [§ 10151 Joint Complainants
Where more than one person is aggrieved by the failure of the Displacing Agency to refer
them to comparable permanent or adequate temporary replacement housing,the complainants may
join in filing a single written request for review. A determination shall be made as herein provided
for each of the complainants.
P. [§ 10161 Judicial Review
Nothing in this section shall in any way preclude or limit a claimant from seeking judicial
review of a claim upon exhaustion of such administrative remedies as are available under these Rules
and Regulations.
�- Page 69
NI. [§ 1100) ACQUISITION PROCEDURES
\r. These acquisition procedures are intended to comply with the guidelines set forth in§7267,
§7267.1 and§7267.2 of the Government Code which the Displacing Agency shall follow prior to the
adoption of a "Resolution of Necessity' as defined by the Code of Civil Procedure§1245.210, et.
seq. Compliance with these procedures shall enable the Displacing Agency to declare upon adopting
a Resolution of Necessity that it has found and determined pursuant to Code of Civil Procedure
§12/15.230,that either the offer required by§7267.2 of the Gov:mment Code has been made to the
owner or owners of record_or the offer has not been made because the owner cannot be located with
reasonable diligence. 'These acquisition procedures shall only apply to those acquisitions by the
Displacing Agency that are subject to the provisions set forth in sections 7267 to 7267.7,inclusive,
of the Govemment Code.
A. [§ 1101] Acquisition of Property by Negotiation
The Displacing Agency shall make every reasonable effort to acquire property by negotiation
and to do so expeditiously- These acquisition procedures shall not apply to the entry upon property
pursuant to §1245.010 of the Code of Civil Procedures in order to make photographs, studies,
surveys, examinations, tests, soundings, borings, samplings or appraisals or to engage in similar
activities reasonably related to acquisition or use of the property for that use, nor shall these
acquisition procedures apply to the acquisition of any easement, right-of-way, covenant; or other
non-possessory interest in real property to be acquired for the construction,reconstruction,alteration,
enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or
appurtenances, drains, septic tanks, or storm water drains.
B. [§ 11021 Appraisal of Property
Before negotiations are initiated to acquire property, the Displacing Agency shall have the
property appraised, and shall give the owner or his or her designated representative an opportunity,
by reasonable advance written notice, to accompany the appraiser during the inspection of the
property. The Displacing Agency shall not be required to have the property appraised where the
property is "oirered for sale" within the meaning of Government Code §7267.2(b), or where the
property is acquired by donation to the Displacing Agency.
C. [§ 11031 Notice of Decision to Appraise
1. [§ 11041 Contents of Notice
The Displacing Agency shall provide the owner vxith written notice of its decision to appraise
the real property as soon as possible after the decision to appraise has been reached. The notice
shall, at a minimum, contain the following:
a. A statement that a specific area is being considered for a particular
public use, i.e., the project;
"Raw Page 70
b. A statement that the owner's property is located within the project
area;
`rs
C. A statement that the owner's property, which shall be generally
described, may be acquired in connection with the public use_ and
d. A statement that the owner or his or her representative(designated in
writing) shall be given the opportunity to accompany each appraiser
during his or her inspection of the property.
2. [§ 11051 Information Statement: Property Acquisition Procedures
At the time the Displacing Agency notifies an owner of its decision to appraise real property,
it shall furnish the owner with a written explanation of its land acquisition procedures,describing in
non-technical, understandable terms the Displacing Agency's acquisition procedures and the
principal rights and options available to the owner. Such statement shall inform the owner that if the
Displacing Agency decides to acquire the subject property, certain prescribed land acquisition
procedures will be followed. The statement shall also include the following explanations:
a. A description of the basic objective of the Displacing Agency's land
acquisition program and a reference to the availability of the
Displacing Agency's written explanation concerning the relocation
benefits to which an owner-occupant may be eligible.
b. A statement that the owner or his representative designated in writing
shall be given the opportunity to accompany each appraiser during his
inspection of the property.
C. A statement that, if the acquisition of any part of the real property
would leave the owner with an uneconomic remnant,the Displacing
Agency will offer to acquire the uneconomic remnant,if the owner so
desires.
d. A statement that, if the owner of real property is also the owner of a
business conducted on the real property to be acquired, or on any
remainder parcel, the owner may have a right to compensation for
loss of goodwill. The Displacing Agency shall include a copy of the
pertinent provisions of the Eminent Domain Law pertaining to
compensation for loss of goodwill set forth in Code of Civil
Procedure, §1263.510 et seq., as well as a copy of the sections of
these Rules and Regulations commencing with §1l 17.
e. A statement that, if the owner is not satisfied with the Displacing
Agency's offer of just compensation, the owner will be given a
reasonable opportunity to present any relevant material, which the
`� Page 71
Displacing Agency will carefully consider, and that if a voluntary
agreement cannot be reached, the Displacing Agency, as soon as
140V possible,will either hold a hearing in connection with the matter of a
Resolution of Necessity or give notice that it does not intend,at ibis
time, to proceed with acquisition of the property.
f. A statement that the Displacing Agency shall schedule the
construction or development of a project such that, to the greatest
extent practicable, no person lawfully occupying real property shall
be required to move from a dwelling (assuming a comparable
replacement dwellingwill be available)orto move his orhet•business
without at least 90 days written notice from the Displacing Agency of
the date by which the move is required.
g. A statement that if the Displacing Agency arranges to rent the
property to an owner or his or her tenant for a short term, or for a
period subject to termination by the Displacing Agency on short
notice,the rental will not exceed the lesser of the fair rental value of
the property to a short term occupier or the pro rata portion of the fair
market value for a typical rental period. If the owner or tenant is an
occupant of a dwelling,the rental for the dwelling shall be within his
or her financial means.
D. J§ 11061 Prior to Making an Offer to Purchase
Prior to making an offer to purchase the property, the Displacing Agency shall make
reasonable erlorts to determine the identity of the owner and other interested parties.
1. J§ 11071 Record Title
The Displacing Agency shall obtain reasonably current preliminary title reports,
litigation guarantees, reports, lot book reports, county assessment records or other
information reasonably accessible from the public records of the County,to identify the name
and address of the record owner of the property.
2. [§ 11081 Occupants
The Displacing Agency shall conduct a reasonable visual inspection of the property to
identify tenants, residents, businesses, or other persons in possession of the property who
have, or, by their occupation of the property; may have, a compensabie interest in the
property and shall make a reasonable inquiry of the record owner as to the owner's
knowledge concerning such occupants.
Page 72
3. 1§ 11091 Notices to Contact Owner
Any notifications or other attempts to contact the owner and other interested parties
shall be made at the property if the owner or other interested parties are present on the
property. Otherwise,such notifications and contacts shall be made at the last known or most
current address ofthe owner or other interested parties,as may be reasonably available to the
Displacing Agency.
4. 1§ 11101 Identity and Address of Owner
if the identity and address of the owner or other interested parties cannot be located
by search of the public records or by inspection of the property, in order to attempt to obtain
such information,the Displacing Agency shall make further good faith efforts to identify and
locate the owner and other interested parties, including, for example, contact with utility
companies servicing the property, and inquiry of' the Displacing Agency's licensing
department, building and safety department; and any other departments to which property
owners make reports,file applications or otherwise transact business.The Displacing Agency
shall also consult other probable sources of such information.
E. [§ 11111 Establishment of Just Compensation
1. Before negotiations are initiated to acquire property,the Displacing Agency
shall establish an amount it believes to be just compensation for the property
11"W to be acquired, which amount shall, in no event, be less than the Displacing
Agency's approved appraisal of the fair market value of the property. The
appraisal shall not be deemed approved unless it has been reviewed to the
satisfaction of the Displacing Agency or its designated officer and the
Displacing Agency or its designated officer has determined in writing that the
appraisal is approved. The Displacing Agency may initiate negotiations
without first having obtained an appraisal in the event the property to be
acquired has a low market value not justifying, in the opinion of the
Displacing Agency the expense or delay of an appraisal and the owner of the
property agrees,in writing,to sell or donate the property without an appraisal
having first been obtained and approved by the Displacing Agency.
The determination of just compensation shall be based upon consideration of:
a. The real property being acquired;
b. Where the real property acquired is part of a larger parcel, any
damages to the remainder; and
C. Loss of goodwill where the owner of the property is also the owner of
a business conducted on the property to be acquired or on the
"' Page 73
remainder, and inhere the provisions of the Eminent Domain Law
pertaining to compensation for loss of goodwill are satisfied.
4r
2. Notwithstanding subdivision 1 of this section ,the.Displacing Agency may
make an oiler to the owner or owners of record to acquire real property for
less than an amount which it believes to be just compensation thereof if(1)
the real property is offered for sale by the owner at a specified price less than
the amount the Displacing Agency believes to be just compensation therefor,
(2)the Displacing Agency offers a price which is equal to the specified price
for which the property is being offered by the landowner,and(3) no federal
funds are involved in the acquisition, construction, or project development.
3. As used in subdivision 2 of this section, the term"offered for sale"means any
of the following:
a. Directly offered by the landowner to the Displacing Agency for a
specified price in advance of negotiations by the Displacing Agency.
b. Offered for sale to the general public at an advertised or published,
specified price set no more than six (6) months prior to and still
available at the time the Displacing Agency initiates contact with the
landowner regarding the Displacing Agency's possible acquisition of
the property_
F. [§ 11121 Uneconomic Remnant; Donation of Property
1. Whenever a portion of property is to be acquired by the Displacing Agency
for a public use and the remainder will be left in such size,shape or condition
as to constitute an uneconomic remnant,the Displacing Agency shall oflerto
acquire the entire property if the owner so desires. An uneconomic remnant
is a parcel of real property in which the owner retains an interest after partial
acquisition of the property and which has little or no utility or value to such
owmcr.
2. A person whose real property is being acquired, may, after the person has
been fully informed of his or her right to receive just compensation for the
property, donate the property, any part thereof, any interest therein, or any
compensation paid therefor to a public entity determined by the person.
G. 11131 Initiation of Negotiations
1. [§ 11141 Written Offer
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The Displacing Agency shall make its first written offer to acquire the property as soon as
practicable following service of the Notice of Decision to Appraise. Such offer shall be made as
%W soon as possible after the amount of just compensation is established by the appraisal. The offer
shall include the full amount of just compensation establishes, unless otherwise indicated in the
offer,and shall represent the fair market value of the property identified in the offer to be acquired
without apportionment between the parties who may claim a compensable interest in the property.
2. j§ 11151 Statement of the Basis of Just Compensation
At the time the Displacing Agency makes its offer to acquire the property it shall provide the
owner with a written statement of the basis for its determination of just compensation. The
statement shall include the following:
a. A general statement of the public use for which the property is to be
acquired;
b_ A description of the location and extent of the property to be taken,
with sufficient detail for reasonable identification and the interest to
be acquired;
C. An inventory identifying the buildings,structures,fixtures,and other
improvements;
d. A recital of the amount of the oller and a statement that such amount:
(1) Is the full amount believed by the Displacing Agency to be
just compensation for the property taken;
(2) Is not less than the approved appraisal o£the fair market value
of the property;
(3) Disregards any decrease or increase in the fair market value of
the real property to be acquired prior to the date of valuation
caused by the project for which the property is to be acquired,
or by the likelihood that the property would be acquired for
such project, other than that due to physical deterioration
within the reasonable control of the owner or occupant;
(4) Does not reflect any consideration of or allowance for any
relocation assistance and payments or other benefits which the
owner is entitled to receive under an agreement with the
Displacing Agency except for an amount to compensate the
oixmer for that portion of loss of goodwill provided in accordance
vith §6100 of the state Guidelines.
�► Page 75
e. If the real property is a portion of a larger parcel, the statement shall
include an apportionment ofthe total estimated just compensation for
the partial acquisition between the value of the property being taken
and the amount of damage; if any, to the remainder of the larger
parcel from which such property is taken.
f. If the owner of real property to be acquired is also the owner of a
business conducted upon the property or the remainder,the statement
shall include an indication of the amount of compensation for:oss of
goodwill, if any.
g. If after receiving the Displacing Agency's offer the owner requests
additional information regarding the determination of just
compensation, the Displacing Agency shall provide the following
information to the extent that the determination of just compensation
is based thereon:
(1) The date of valuation used.
(2) The highest and hest use of the property.
(3) The applicable zoning.
(4) The principal transactions, reproduction or replacement cost
analysis, or income capitalization analysis, supporting the
determination of value.
(5) If the property is a portion of a larger parcel, a description of
the Iarger parcel, with sufficient detail for reasonable
identification-
h. With respect to each sale, contract, or lease provided in accordance
with subdivision g.(4) of§1115 above,the following data should be
provided:
(1) The names and business or residence addresses,if known.of
the parties to the transaction.
(2) The location of the property subject to the transaction.
(3) The date of the transaction.
(4) The price and other significant terms and circumstances of
the transaction, if known. In lieu of stating the other terms
and circumstances, the Displacing Agency may, if the
document is available for inspection, state the place where
and the times when it is available for inspection.;
i. "The requirements of this subsection do not apply to requests made
after an eminent domain proceeding is commenced.
`"" Page 76
H. J§ 11161 Might to Obtain Payment
`Mr. Nothing in these acquisition procedures shall be construed to deprive a tenant of the right to
obtain payment for his or her property interest as otherwise provided by law.
I. 1§ 11171 Loss of Goodwill
As soon as practicable after the initiation of negotiations the Displacing Agency shall provide
written notification to the owner of a business conducted on the real property to be acquired or on the
remainder, who is not also the owner of the real property, concerning his or her possible right to
compensation for lass of goodwill.The Displacing Agency shall include a copy of the provisions of
the Eminent Domain Law pertaining to compensation for loss of goodwill set forth in Code of Civil
Procedure, §1263.510. The Displacing Agency shall also include a copy of the portion of these
Rules and Regulations pertaining to compensation for loss of goodwill.
I [§ 11181 Compensation for Loss of Goodwill
The procedure for determining and offering compensation for loss o f goodwill in connection
with the Displacing Agency's acquisition of any property shall be governed by§l l 17 through§1123,
inclusive, of these Rules and Regulations.
1. 1§ 11191 Compensation Generally
With respect to the owner of a business conducted on property acquired by the Displacing
Agency, or on the remainder if such property is part of a larger parcel, the amount of just
compensation to be paid by the Displacing Agency may include consideration of loss ofgoodwill,to
the extent required by law and these Rules and Regulations.
Within the meaning of these Rules and Regulations. "goodwill"consists of the benefits that
accrue to a business as a result of its location,reputation for dependability, skill or quality, and any
other circumstances resulting in probable retention of old or acquisition of new patronage.
The owner of a business shall be compensated for loss of goodwill if the owner proves all of
the following:
a. The loss is caused by the taking of the property or the injury to the
remainder;
b. The loss cannot reasonably be prevented by the relocation of the
business or by taking steps and adopting procedures that a reasonably
prudent person would take and adopt in preserving the goodwill;
c. Compensation for the loss will not be included in payments under
§700 of these Rules and Regulations or under §7262 of the
Government Code;
I"MW Page 77
d. Compensation for the loss will not be duplicated in the compensation
L otherwise paid to the owner.
2. 1§ 11201 Notice of Intent to Claim Loss of Goodwill
The owner of a business conducted on property acquired by the Displacing Agency,or on the
remainder if such property is part of a larger parcel, may, at any time prior to relocating from, or
discontinuing its operation on,the property, notify the Displacing Agency of its intent to provide any
information, materials, or data in order to satisfy,the requirements of subdivisions (a) through (d),
inclusive, of§1 119.
3. (§ 11211 Conference to Discuss Eligibility to Receive Compensation for Loss
of Goodwill
Upon receipt ofthe notice required by§1 120,the Director or his or her designee shall confer
with the business owner regarding the owner's claim for compensation for loss of goodwill. Based
upon review and consideration of information presented at the conference, the Director shall
determine whether a goodwill appraisal should be made.
4. [§ 11221 Business Records; Authorization to Negotiate
Tf the determination to appraise loss of goodwill is made as provided in§1121,the owner of
the business shall provide to the Displacing Agency such business records as the Displacing Agency
may require, including, but not limited to state income tax returns, financial statements, and any
accounting records. The Displacing Agency shall preserve the confidentiality of the financial
records, and shall not use such records for any purpose other than to determine the business owner's
entitlement to; or amount of, compensation for loss of goodwill.
5. 1§ 11231 Calculation of Net Amount of .Just Compensation for Loss of
Goodwill for Negotiation Pvrpnses
The Displacing Agency shall calculate the amount it believes to be the net amount of just
compensation for loss of goodwill to which the business is entitled. In making this calculation. the
Displacing Agency shall consider the following:
a. The amount the Displacing Agency believes to be the total amount of
loss of goodwill to which business owner is entitled; and
b. Any compensation for loss of boodwilt the Displacing Agency
determines is included in payments made or to be made under§700 of
these Rules and Regulations.
`� Page 78
6. [§ 11241 Eminent Domain
�. Notwithstanding any other provision contained in the acquisition procedures,in the event an
eminent domain proceeding is brought by the Displacing Agency to acquire any property,the owner
of any business located on the property; or the remainder if such property is part of a larger parcel,
may claim compensation for Ioss of goodwill in connection with such proceeding. The business
owner/claimant's failure to do so shall constitute a waiver of any compensation for loss of goodwill.
K. [§ 11251 Negotiations; Eminent Domain
Prior to the commencement of an eminent domain proceeding to acquire real property:
1. The Displacing Agency shall make reasonable efforts to discuss with the
owner its offer to purchase the owners real property:
2. The owner shall be given reasonable opportunity to present material whichhe
or she believes to be relevant as to the question of value and to suggest
modification in the proposed terms and conditions of the purchase, and the
Displacing Agency shall carefully consider the mNmer's presentation;
3. Ifthe evidence presented by an owner or a material change in the character or
condition of the property indicates the need for a new appraisal or if a
significant delay has occurred since the determination of just compensation,
the Displacing Agency shall have its appraisal updated;
4. If a modification in the Displacing Agency's determination of just
compensation is warranted, an appropriate price adjustment shall be made
and the new amount determined to be just compensation shall be promptly
offered in uniting to the owner.
In no event shall the Displacing Agency either advance the time of condemnation, or defer
negotiations or condemnation or the deposit of funds in court for the use of the owner, or take any
other action coercive or misleading in nature,in order to compel or induct an agreement on the price
to be paid for the property.
If the Displacing Agency holds the required hearing and adopts a resolution of necessity to
acquire any interest in property,the Displacing Agency shall promptly institute formal condemnation
proceedings. The Displacing Agency shall not intcntional]y make it necessary for an ownter to
institute legal proceedings to prove the fact of the taking of his or her property.
L. [§ 11261 Notice of Decision Not to Acquire
Whenever the Displacing Agency has forwarded a Notice of Intent to Displace. a Notice of
Decision to Appraise,or has made a firm offer and subsequently decides not to acquire the property,
the Displacing Agency shall serve a notice in writing on the owner, all persons occupying the
�' Page 79
property and all other persons potentially eligible for relocation payments and assistance. Thisnotice
shall state that the Displacing Agency has decided not to acquire the property. It shal I be served not
later than ten(10)days following the date of the Displacing Agency's decision not to acquire. Upon
receipt of such notice any person shall be deemed not to be a displaced person.
M. J§ 11271 Incidental Expenses
If the real property is acquired by purchase.the Displacing Agency shall reimburse the owner
for all reasonable expenses the owner necessarily incurred incidental to the conveyance of such
Property to the Displacing Agency. the following expenses shall be reimbursed to the owner:
1_ Recording fees, transfer taxes and similar expenses incidental to conveying
the real property;
2. The pro rata portion of charges for public service, such as water,sewage,and
trash collection, which are allocable to the period subsequent to the date of
transfer of title to the Displacing Agency, or the effective date of possession
of such property by the Displacing Agency, whichever is earlier.
The Displacing Agency shall inform the owner that he or she may apply for a rebate of the
pro rata portion of any real property taxes paid,which are allocable to the period subsequent to the
date of transfer of the property to the Displacing Agency or the effective date of possession of such
property by the Displacing Agency, whichever is earlier.
N. 1§ 11281 Purchase Price as Public Information
The purchase price and other consideration paid by the Displacing Agency for real property is
public information and shall he made available upon request.
O. J§ 11291 Service of Notice
Service of all notices required by these acquisition procedures shall be made either by first
class mail or by personal service upon the person to be notified.
`'�► Page 80
XIL [§ 12001 PRQPERTV MANAGEMENT PRACTICES
A. J§ 12011 Short Term Rental
If the Displacing Agency permits an owner or tenant to occupy the acquired real property on a
rental basis for a short term or for a period subject to termination by the Displacing Agency on short
notice,the amount of rent required shall not exceed the lesser of the fair rental value to a short term
occupier or a pro rata portion of the fair rental value for a typical rental period. Ifibc owner or tenant
is an occupant of a dwelling, the rental for the dwelling shall be within his or her financial means.
A post-acquisition tenant who occupies real property acquired on a rental basis for a short
term (less than 1 year)and who is informed that the property has been acquired for a public use shall
be given not less than 30 days notice of termination.
B. J§ 12021 Notice to Vacate
The construction or development of a prnject shall be so scheduled that no eligible person
occupying real property shall be required to move from a dwelling, or to move his or her business,
without at least ninety (90) days written notice from the Displacing Agency of the date by which
such move is required_ The Displacing Agency shall notify each individual tenant to be displaced as
well as each owner-occupant.
C. J§ 12031 Eviction
Eviction is permissible only as a last resort. Relocation records must be documented to
reflect the specific circumstances surrounding the eviction. Eviction maybe undertaken for one or
more of the following reasons:
1. Failure to pay rent,except in those cases where the failure to pay is the result
of lessor's failure to keep the premises in habitable condition, is the result of
harassment or retaliatory action or is the result of discontinuation or
substantial interruption of services;
2. Remaining in possession after expiration or termination of the term;
3. Performance of a dangerous or illegal act on the property;
4. Material breach of the rental agreement and failure to correct such breach
within thirty (30) days of notice;
5, Maintenance of a nuisance and failure to abate within a reasonable time
following notice;
6. Refusal to accept one of a reasonable number of offers of replacement
dwellings;
`. Page 81
7. The eviction is required by state or local law and cannot be prevented by
reasonable clYbrts on the part of the Displacing Agency.
8. Failure to execute a rental agreement with the Displacing Agency provided
the 90 day notice to vacate had been given,relocation i nforrnation had been
given at least 90 days prior to eviction, and referrals to comparable
replacement housing have been given.
D. [§ 12041 Status of Post-Acquisition Tenants
1. [§ 12051 Notice of Status
The Displacing Agency shall inform prospective post-acquisition tenants,before they occupy
the property, that the property has been acquired for a public use and will be available only in the
interim between acquisition and development and that development for such use may result in
termination of the tenancy sooner than would otherwise be expected.
The Displacing Agency shall also inform prospective post-acquisition tenants regarding the
projected date of displacement and,periodically,shall inform post-acquisition tenants of any changes
in such date.
2. [§ 12061 Notice to Vacate
A past-acquisition tenant who occupies acquired real property on a rental basis for a short
term and who is informed that the property has been acquired for a public use shall be given any
notices required by law.
3. 1§ 12071 Eligibility for Relocation Assistance and Payments
Post-acquisition tenants are not eligible for relocation assistance and payments if, before
occupying the property, they are informed by the Displacing Agency that the property has been
acquired for a public use and will be available only in the interim between acquisition and
development and that development for such use may result in termination of the tenancy sooner than
would otherwise be expected. When so informed, post-acquisition tenants are not eligible even
though they move as a result of a written order from the Displacing Agency to vacate the real
property.
Persons, who become post-acquisition tenants after the effective date of these Rules and
Regulations, who are not so informed and who move as a result of a written order from the
Displacing Agency to vacate,are eligible for relocation assistance and payments,except where they
are evicted in accordance with §1203 of the Rules and Regulations.
Page 82
4. 1§ 12081 Move from Permanent Housing
ti. Where the Displacing Agency, on property it owns, is making housing available on a
permanent basis(i.e.,not pending development),a post-acquisition tenant who moves as a result of a
written order from the Displacing Agency to vacate is eligible for relocation assistance and payments
if the order to vacate is related to a plan to demolish or rehabilitate such dwelling units. A
post-acquisition tenant who is required to move as a result of the sale of such dwelling units to a
private person for demolition or rehabilitation is eligible without need for a written order to vacate
from the Displacing Agency.
'�' Page 83
Exhibit "A"
MODEI. RELOCATION PLAN
For Displacement of Fifteen Households or less
tNTRODUCTION
Please choose and complete one of the following paragraphs, whichever best describes your project. Any of the
followirg paragraphs may be mod fed, made more clear, or rewritten to better describe your project or situation.
(1) has entered or will be entering into an
Agreement with _ to rehabilitate rental housing units
within the City/County of households will have to be
permanently displaced for this project to go forward. households will have to be
temporarily displaced for the project to go forward. The location of this housing, which is the
subject of this relocation plan, is generally described as
follows: _
(See attached project site map—Attachment 1)
(2) has entered into an Agreement with
to purchase and develop property within the City/County of
.Asa result,some housing will be affected and households will
have to be permanently displaced for this project to go forward.The location of this housing,which
is the subject of this relocation plan, is generally described as follows:
(See attached project site map-- Attachment 1)
(3) has taken action which may result in the
purchase and development of property within the City/County Of--,- As a
result,some housing will be affected and households will have to be permanently displaced
for this project to go forward, The location of this housing, which is the subject of this plan, is
generally described as follows:
(See attached
project site map--Attachment 1)
(4) (If' you wish, you may tcse the fodo,.Lwing space to describe your
project)
(The name ofthe entity or consultant preparing the plan) has prepared and
will administer this Relocation Plan(the"Plan"),under the direction of or involvement with(name
ofpuhlic agency involved with the project) . This Plan provides the
results of a needs assessment survey, a housing resource study and details of the displacing entity's
proposed relocation program.This Plan sets forth policies and procedures necessary to conform with
statutes and regulations established by the California Relocation Assistance Law, California
Government Code section 7260 et seq. (the "CRAU)and the California Relocation Assistance and
Real Property Acquisition Guidelines, Title 25,California Code of Regulations,chapter 6, section
6000 et seq. (the "Guidelines").
If there are federal funds involved in this project,this Plan and benefits may also need to conform with the Uniform
Relocation Act(46 U.S.C. §4600 et seq.),its implementing regulations(49 C.F.R. part 24)and other requirements
and regulations of the applicable funding source.
yr
MODEL RELOCATION PI..AN PAGE 1
No displacement activities will take place prior to the required reviews and approval of this Plan.
�. A. ASSESSMENT OF NEEDS
To obtain information for the preparation ofthis Plan,a personal interview was conducted with(number) ofthe
households living on the Project site. (If a personal interview was not done with any of the households, briefly
explain how the relevant information was obtained.)
A table is attached showing some of the household characteristics and needs.(See--Attachment 2)
Attached are the most current income limits for the "very low-", "low-", and "moderate-" income categories as
established by I IUD far County. (Attach the most current HUD income category hmitsfor your
county--Attachment 3.)The attached table shows the income categories for each of the households. (Attachment
2)
Briefly, describe the neighborhood demographics and characteristics:
Briefly describe any location needs and preferences,for housing(such as preference for home ownership or tenancy,
preferred area of relocation, proximity to public transportation, employment, schools, medical facilities,
public/social services and agencies, recreational services,parks, community centers, and shopping)and any other
special needs (such as the need for a unit with disabled access or special services, .special language needs, special
schools, etc.) of each of the displaced households
B. REPLACEMENT HOUSING RESOURCES
A resource survey was made on or about to identify available comparable,decent,safe and sanitary
units available in close proximity to the Project site. three bedroom units, two bedroom units, and
one bedroom units will be required to adequately relocate the Project site households. (If larger units are
needed,please indicate.) .Therefore,the survey focused on confirming
the availability of this number and size of bedroom units. Attached is a copy of the resource survey showing the
number and size of the available units found in the survey and their rent or purchase levels and location. ('lease
create and attach a housing survey which conforms to the housing needs and preferences identified elsewhere in this
Plan--Attachment 4.)
Briefly describe how the replacement housing resources meet the specific needs identified in section A.
Mp7LL RELOCATION PLAN PAGE
C. CONCURRENT RESIDENTIAL DISPLACEMENT
Brieflydescribe any current orproposed displacing aetivities nr yourjurisdiation which may impact upon the ability
`r to relocate the displaced households.
D. TEMPORARY HOUSING
Please check any of the Joliowing numbered paragraphs, whichever is applicable:
(1)There is no anticipated need for temporary housing. Should such a need arise,the displacing entity will
respond appropriately and in conformance with all applicable laws and requirements. (If you check this
paragraph,you may skip to section.E.)
(2) There is a need to provide temporary housing, for not more than 180 days, for those households as
indicated in the attached table of housing characteristics and needs (Attachment 2). This project is a
"Qualified Affordable Housing Preservation Project" as defined in Government Code sections 7260,
- subdivision(c)(3)(B)(ii),and 7262.5, households are expected to he temporarily displaced and they
will be entitled to the following benefits and assurances:
(a) The right to a temporary unit inside or,with the written consent of the household,outside the project
as long as such unit meets the standards of"comparable replacement housing"as defined in section
E below; and
(b) The cost of the replacement housing, including rent and average monthly utility costs, will not
exceed 30%of the household's average monthly income or their current rent amount,whichever is
less; and
w
(c) The right to return to their original unit; and
(d) The rent for the first 12 months upon returning to the original unit,will not exceed the lower of the
following: (1) up to 5% higher than the rent at the time of displacement; or(2) up to 30% of the
household's income; and
(e) The estimated time for displacement will be reasonable; and
(f) The temporary replacement housing will not be unreasonably impacted by the rehabilitation
construction,taking into account the age and physical condition of household members; and
(g) Moving expenses. See section H for an explanation of allowable moving expenses.
It is estimated that the temporary displacement for each of the households will occur on or about
It is estimated that the length of time of displacement for each household (not to exceed 180 days) will
be
(3) Asa result of rehabilitation,some households will be temporarily displaced for a period not to exceed 90
days.The attached table identifies ies households which will be displaced for no more than 90 days(Attachment
2). These households are entitled to the following benefits and assurances:
(a) The right to move back into their original unit; and
MODEL RELOCATION PLAN PAGE 3
(b) The right to be temporarily relocated to "comparable"replacement housing as defimed in section E
below; and
tir (c) The cost of the replacement housing, including rent and average monthly utility costs, will not
exceed 30%of the household's average monthly income or their current rent amount,whichever is
less; and
(d) For the first 12 months upon return to their original units, the rent shall not exceed the lesser ofthe
rent levels prior to displacement or 25% ofthe household's average monthly income; and
(e) Moving expenses. See section H for allowable moving expenses.
(4) The displacing entity may need to temporarily move some households until such time that permanent
comparable replacement housing is available. The displacing entity may only use this option under the
following conditions and written assurances to the displaced households:
(a) The displaced household agrees to such temporary relocation; and
(b) The temporary housing must be adequate; and
(c) Permanent comparable housing must be made available to the displaced household no laterthan 12
months after the temporary move. The household, however, may agree to extend the 12 month
period; and
(d) Permanent comparable replacement housing will be made available on a priority basis to the
household and if the project plan anticipates moves back into the project area, the temporarily
displaced household will be given priority to obtain such housing: and
(e) The temporary move will not affect the household's eligibility for replacement housingbenefrts or
relocation assistance. Also, the temporary move will not deprive the household of the choice of
replacement units that would have been available had the temporary move not taken place,and the
costs of the temporary move will not be considered as part of the relocation payments to which the
household is entitled; and
(f} The displacing entity will pay all costs in connection with the move to temporary housing,including
increased housing costs.
E. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does
not result in different or separate treatment of households based on race,nationality,color,religion,national origin,
sex,marital status,familial status,disability or any other basis protected by the federal Fair Housing Amendments
Act,the Americans with Disabilities Act,Title VI ofthe Civil Rigbts Act of 1964,Title VIII of the Civil Rights Act
of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or
unlawful discrimination.
No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located.
"Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the
Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the
acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an
area that does not have unreasonable environmental conditions;not generally less desirable than the acquired unit
t with respect to location to schools, employment, health and medical facilities, and other public and commercial
MODEL RELOCATION PLAN PAGE
facilities and services; and within the financial means of the displaced household as defined in section 6008,
subdivision 0)(5)of the Guidelines. The relocation program to be implemented by the displacing entity conforms
with the standards and provisions set forth to Government Code section 1266 et seq., the Guidelines, California
Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements.
F. RELOCATION ASSISTANCE PROGRAM
Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating.
Relocation staff can be contacted at from a.m.to p.m.The Relocation Office is located
at _.A comprehensive relocation assistance
program,with technical and advisory assistance,will be provided to the households being displaced. Close contact
will be maintained with each household. Specific activities will include:
Distribution of informational brochures. (41tach sample brochures and notices to be given to displace!
households-- Attachment 5.)
1. Timely referrals]oat least three comparable replacement units as defined above and, ifnecessary,
transportation will be provided to inspect potential replacement units.
2. Assistance with completion and filing of relocation claims,rental applications,and appeals forms,if
necessary.
G. CITIZEN PARTICIPATIONIPLAN REVIEW
This Plan will be provided to each household and will be made available to the public for the mandatory thirly(30)
day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval
before the(name ofresponsible agency) A copy of the approved Plan
will be forwarded to the California Department of Housing and Community Development(I3CD).
H. RELOCATION BENEFIT CATEGORIES
This section generally explains the benefits available to displaced tenants and homeowner households only. Ifynu
have households that are mohilehome/manVactured homeowners, or homeowner households that wish to retain and
move their units,you should consult the CRAL, the Guidelines, and other applicable regulations and requirements
for additional information.
Relocation benefits will be provided in accordance with the ORAL, the Guidelines, and all other applicable
regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in
accordance with approved procedures. The displacing entity will provide appropriate benefits for each displaced
household as required by the above laws and requirements.
Residential Movine Expcnsc Payments
The subject households will be eligible to receive a payment for moving expenses. Payments will he made
based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a
licensed professional mover. For temporary moves, moving expenses will he paid for both the move to
temporary replacement housing and the move back to the rehabilitated unit.
1) Fixed Payment-A fixed payment far moving expenses based on the number of rooms containing
fomiture or other personal property to be moved. The fixed moving payment will be based upon the
MODEL RELOCATION PLAN PACE 5
most recent Federal Highway Administration schedules maintained by the California Department of
Transportation. (If usingfxed pgyment, attach the most current moving.ichedules--Attachment
6.)
1411W -OR -
2) Actual Reasonable Moving Expense Payments - The displaced households may elect to have a
licensed,professional mover perform the move: if so, the displacing entity will pay for the actual
cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance,and
utility connection charges. The payment will be made directly to the mover or as reimbursement to
the displaced household.
Rental Assistance/Down Pavmeut Assistance
Displaced households who are residential tenants and who have established residency within the Project site
for a minimum of40 days prior to the"initiation of negotiations"will be eligible for both Rental Assistance
and Moving Expense Payments. Check one of the following:
(1) LPublic Agency Acquisition] "Initiation of Negotiations" is defined as the first written offer to
buy the property from which the households will be displaced. In this case,the estimated or actual
date of the first written offer to purchase the properties of the tenant households is(ifknoww at this
time)
(2) IP[ivate)Entity Acquisition] "Initiation of Negotiations" is defined as the later of the actual
date of acquisition orthe date of the Agreement between the private entity and the public agency for
purposes of acquiring and developing or rehabilitating the sub_lect property. In this case, the
estimated or actual date of "initiation of negotiations" is (If known at this time)
Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of
V,250 based upon the monthly housing need over a forty-two(42)month period.In addition,the households
may opt to apply the amount to which they are entitled toward the purchase of a replacement unit.
Last Resort Housing Payment
Check one nf'ihe folloxving statements, whichever is applicable:
(1) There is adequate"comparable replacement housing"according to the attached housing survey
(Attachment 4). Therefore, there is no need to provide Last Resort Housing Payments. (Ifyou
checked this paragraph,you may skip to Assistance to I-Iomeowners below.)
(2) There is a lack of"comparable replacement housing"according to the attached housing survey
(Attachment 4). Therefore,there is a need to provide Last Resort Housing Payments.
"Last Resort Housing"payments are authorized by statute if affordable "comparable replacement housing"
cannot be found for the displaced tenant household (i.e., housing not more than 30% of the household's
average monthly income.) In this case, payments may be made beyond the $5,250 slatuton• cap up to 42
months worth of rental assistance. The supplemental increment beyond S5,250 may be paid in installments
or in a lump sum at the discretion of the displacing entity. Brielly spec ii your policy concerning allowing
lump sum or installment payments.
MODEL RELOCATJON PLAN PAGES
If a household chooses to purchase a replacement home rather than rent,the household will have the right to
request a lump sum payment of the entire balance to which they are entitled.
Assistance to Homeowners
Check one of the fallowing statements, whichever is applicable:
(1) No homeowners will be displaced by this Project. (Ifyou eheckthis paragraph,you may skip
the rest of this .section
(2) It is anticipated that homeowners will he displaced by this Project.
Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the
following conditions are met:
(a) The household has owned and occupied their unit for not less than 180 days prior to the
"Initiation of Negotiations." (See,Rental Assistance/Down Payment Assistance above): and
(b) The household purchases and occupies a replacement unit within one year from:(i)the date that
the household receives the final payment from the displacing entity for all the costs of the acquired
unit-ur- (ii) the date that the household vacates the acquired unit, whichever is later.
Displaced homeowner households will receive assistance in locating a"comparable replacement" unit and
will be eligible for the following benefits, not to exceed $22,500:
1_ Purchase Price Differential:
'fir•
The displaced households will be entitled to receive an amount equal to the difference between the price paid
for the acquired unit and the amount required to purchase a"comparable replacement"unit. The displacing
entity is allowed the following options in paying any price differential as explained in section 6102 of the
Guidelines: (Check which option is being used)
MODEL RELOCATION PLAN PAGE 7
(a) Comparative Method: On a case-by-case basis,the displacing entity will determine the price of
a"comparable replacement"unit;which is most representative of the acquired unit,by selecting and
Orr considering the listing price of at least three(whenever possible) "comparable replacement"units.
(b) Schedule Method: If the Comparative Method is not feasible, the displacing entity may
establish a schedule of reasonable acquisition costs of"comparable replacement" units based on a
current analysis of the housing market.
(c) Alternative Method: When neither the Comparative nor Schedule Methods are feasible,the
displacing entity may use another reasonable method.
(Attach a more detailed explanation of the method used, and, i f appropriate, why other methods were not
used. Include an estimate of price differentials for each displaced homeowner, a schedule of acquisition
costs, and, to the extent that such information is not included in Attachment 4, a surrey ofany comparable
replacement" units used in your method-- Attachment 7.)
2. father Payments:
Moreover,displaced homeowners will receive the following assistance:
(a) Payments to cover the cost between the difference of the household's current debt or mortgage
service and any increase in debt or mortgage costs necessary to acquire a"comparable replacement"
housing unit, and
(b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs.
and recording and credit reporting fees.
3. Rental Assistance Option:
]f a displaced homeowner household,which has purchased and occupied its current unit at least 180 days
prior to the"initiation of negotiations,"desires to rent instead of purchase a replacement unit,the household
is eligible for all the benefits and assistance that is available to tenant households. However, such
replacement housing payments may not exceed the payments the household would have been entitled to if it
had elected to purchase a replacement unit..
4. Last Resort Housing Payments:
Check one of the following statements, whichever is applicable:
(1) There is adequate"comparable replacement housing" for homeowner households. (Ifyou check
this paragraph,you may skip the rest of this section.)
(2) There is a lack of"comparable replacement housing" for homeowner households.
Ifthcrc is not enough"comparable replacement housing"available,the displacing entity shall pay whatever
costs are necessary beyond the statutory cap of $22,500 to acquire a "comparable replacement" unit,
including reasonable incidental expenses.
A displaced homeowner household which has purchased and occupied its current unit for less than 180 days
but at least 90 days prior to the"initiation of negotiations" is eligible for all the assistance and benefits that
are available to a tenant household.
MODEL RELOCATION PLAN PAGE 8
1. PAYMENT OF RELOCATION BENEFITS
�ftr Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation
benefits must be filed with the displacing entity within eighteen (18)months from: (i)the date the claimant moves
from the acquired property; -or-(ii)the date on which final payment for the acquisition of real property is made,
whichever is later. Procedures for preparing and filing of claims and processing and delivering of payments are
attached. (Attach a brief description gfyour relocation policy regarding procedures for relocation payments and
assistance--Attachment 8.)
No household will be displaced until "comparable" housing is located as defined above and in section 6008,
subdivisions(c)and(d)of the Guidelines. Relocation staff will inspect any replacement units to which referrals are
made to verify that they meet all the standards of decent,safe,and sanitary as defined in section 6008,subdivision(d)
of the Guidelines. However,no household will be denied benefits if it chooses to move to a replacement unit which
does not meet the standards of decent, safe, and sanitary housing.
J. EVICTION POLICY
The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must be
documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of
nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the
household refuses all reasonable offers to move. Eviction will not affect the eligibility ol'a person legally entitled to
relocation benefits.
K. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq.of the Guidelines. Briefly stated,the
displaced household will have the right to ask for review when there is a complaint regarding any of its rights to
relocation and relocation assistance,such as a determination as to eligibility,the amount of payment,orthe failure to
provide a comparable replacement housing referral. A copy of the established appeals policy and procedures is
attached. (Attachment 9)
L. PROJECTED DATES OF DISPLACEMENT
I louseholds will receive a 90 day notice to vacate before they are required to move. These notices are expected to be
issued on or about (give hest estimate)
Relocation is expected to be completed for all households on or about (give best estimate)
M. ESTIMATED RELOCATION COSTS
The displacing entity anticipates using the following funds for The Project:
Any and all required financial assistance will be provided. The budget estimate for this Project is:
MODE.RELOCATION PLAN PAGE 9
TABLE OF ATTACHMENTS
'fir Attachment 1: Attach Project Site Map,
Attachment 2: Attach Table of Household Characteristics and Needs.
(Complete and attach FICD' model Table)
Attachment 3: Attach most current HUD Income Category Limits for your County.
(Information may he obtained from IIC'D)
Attachment 4: Attach Housing Resource Survey,
Attachment 5: Attach Sample Natices and/or Brochures to be given to Displaced Households.
Attachment 6: Attach the most current Fixed Payment Moving Schedule.
(A schedule ofpayments may he obtainedfram HCD.)
Attachment 7: Attach, if applicable, Explanation of Purchase Price Differential Method, Schedule of
Acquisition Costs, and Survey of Comparable Homeowner Housing.
Attachment S. Attach Relocation Payment Policy regarding Procedures for Relocation Payments and
Assistance.
Attachment 9: Attach Copy of Established Appeals Policy and Procedures.
Attachment 10: Attach Plan Addendum.
(Comments submitted regarding the Plan by the Public or HCD.)
Attach any other infbrmation that you believe is important or helpful.
MODEL RELOCATION PLAN PAGE 10
Exhibit 11W
RELOCATION ASSISTANCE APPEAL COMPLAINT FORM
s� PERSONAL INFORM477ON NOTICE.Pursuant to the Federal Privacy A(Y(P.1..93-179)and the Information FtQorces Ret of 1977(C ail Code
Sections 1798,ei sey.)•notice is hereby given for the request of personal information br this form. The requested persona!information is volutuarq- The
principal purppse afthe voluntary information is to facilitate Me processing of this,form. the failure to provide ail cr am'purl afihe requested
information mrr�delrry processing rffhisform. No disclosure gfpersontrt information k'i/(he made un]ess permiss ihle uruier'rlicle b,Section 1798.74 of
the IPA of 1977, Each individual has the right upon request and proper identification-to inspect all personal information in any record maintained on the
individual by an idenrfling particular. Direct arty'inquiries on Information maintenance to vour locallPA Office.
INSTRUCTIONS TO APPIELLANTS: Address of Subject Parcel:
State nature of your complaint and reasons for this
appeal in space at bottom. Attach
extra pages if needed. You will be
notified ofthe date when your
complaint will he considered_ Sign print or type your full namc(s):
and date this form and mail to:
Present mailing address:
Alin: JNAMEJ
JCITYIAGENCYJ
[DEPARTMENT)
JADDRESS]
[CITY,STATE ZIP) Day telephone number: ( }
Eveningtelephoncnurnber: ( )
FOR DISPLACING AGLNC.Y USE ONLY Will you he present at the hearing?: E ] Yes I ] No
Assessor Parcel No: Will you be represented by counsel?. [ ] Yes [ ] No
RIW No: This appeal is based un: [ ] Eligibility oniy
[ J Amount of Payment only
Other. [ ] Fligibility amount
The Appellant is [ ] Residential ONaler-Occupant
[ J Residential Tenant
[ ] Business 0wrierf0perator
Appellant's Statement-
T-his is an appeal of a determination made by the Displacing Agency under the California Relocation Assistance Law(Government Code.
Section 7260 et seq.)or Fodcral Uniform Rclocaiinn.Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 USC
5§4601 rt seq).The nature ofmy complaint and the reasons why I heiicvc the dctettninatiun is improper are stated below andlor nn the
attached pages.
Appellant's Signature: Crate: