HomeMy Public PortalAboutResolution CRA 90-4071
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RESOLUTION NO. CRA 90 -407
A RESOLUTION OF THE TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY ADOPTING RELOCATION-
RULES AND REGULATIONS FOR THE ROSEMEAD BOULE-
VARD REDEVELOPMENT PROJECT
WHEREAS, Section 7620, et seq. of the Government Code of the
State of California and the Guidelines adopted and promulgated by
the California Department of Housing and Community Development
provide that the governing body of a public agency is to adopt
rules and regulations to implement relocation assistance and
relocation payments, and pursuant to such authorization, the
Temple City Community Redevelopment Agency (the "Agency ") desires
to adopt such rules and regulations for the Rosemead Boulevard
Redevelopment Project.
NOW, THEREFORE, BE IT RESOLVED:
SolJtion 1. The Agency approves and adoptes the Relocation
Rules. and Regulations attached hereto and labeled as Exhibit
"A"
Section 2. Said Relocation Rules and Regulations shall be
effective as of the date of this Resolution.
Section 3. The Executive Director is authorized to take all
necessary and desirable action to implement and carry out such
rules and regulations including preparation of forms and manuals
for staff guidance.
Section 4. The Rules and Regulations adopted by this reso-
lution may be amended from time to time by the Agency Members.
Section 5. The Secretary of the Temple city Community
Redevelopment Agency shall certify to the passage and adoption of
this resolution and tenter it into the book of official records
of the Agency.
ADOPTED this 19th day of June, 1990.
TEMPLE CITY COMMUNITY REDEVELOP-
MENT AGENCY
.%6272Wce JP Xeir•42f
Chairman
RESOLUTION NO. CRA 90 -407
ATTEST
gency Secretary
PAGE 2
I hereby certify that the foregoing Resolution, Resolution
No. CRA 90 -407 was duly adopted by the Temple City Community
Redevelopment Agency at a regular meeting held on the 19th day of
June, 1990 by the following vote:
AYES: Member- Froehle, Manning,McGowan,Wilson,Breazeal
NOES: Member -None
ABSENT: Member -None
gency Secretary
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RELOCATION ASSISTANCE RULES AND REGULATIONS
OF THE
TEMPLE CITY REDEVELOPMENT AGENCY
EXHIBIT A
Prepared by:
PORT & FLOR, incorporated
Date:
June 8, 1990
RELOCATION ASSISTANCE RULES AND REGULATIONS
OF THE
TEMPLE CITY REDEVELOPMENT AGENCY
INDEX
PAGE
I. (100) GENERAL
A. (101) Purpose 1
B. (102) Extent of Relocation Payments 1
C. (103) Authority and Applicability 2
D. (104) Definitions 3
E. (105) Citizen Participation 20
F. (106) Priority of Federal Law 20
G. (107) Severability 21
H. (108) Amendments 22
II. (200) RELOCATION ASSISTANCE ADVISORY PROGRAM
A. (201) Advisory Assistance to be Provided 23
by the Agency
B. (202) Eligibility 25
C. (203) Relocation Plan 26
D. (204) Informational Program 28
E. (205) Determination of Relocation Needs 32
F. (206) Termination of Relocation Assistance 36
G. (207) Eviction 36
III. (300) RELOCATION PAYMENTS TO DISPLACED PERSONS
A. (301) General 38
B. (302) Actual Reasonable Expenses in Moving 39
C. (303) Payments In Lieu of Actual Reasonable 41
Expenses in Moving
D. (304) Replacement Housing Payments for Displaced 42
Owner Occupants
E. (305) Replacement Housing Payments for Displaced 50
Tenants and Others
IV. (400) RELOCATION PAYMENTS TO THE DISPLACED BUSINESSES
A. (401) Actual Reasonable Moving Expenses 57
B. (402) Expenses in Searching for a Replacement
Site for the Displaced Business 65
C. (403) Actual Direct Losses of Tangible Personal
Property of the Displaced Business 66
D. (404) Business Reestablishment Payment 67
E. (405) Payments In Lieu of Moving
and Related Expenses 70
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INDEX (Continued)
PAGE
V. (500) MOBILE HOMES
A. (501) Purchase of Mobilehomes 74
B. (502) Partial Acquisition of Mobilehome Park 74
C. (503) Mobilehomes as Replacement Dwellings 74
D. (504) Computation of Next Highest Type 75
E. (505) Relocation Eligibility and Payments 76
VI. (600) LAST RESORT HOUSING
A. (601) Authorization; Methods 77
B. (602) Nondiscrimination; Affirmative Action 78
C. (603) Conformity with Statutes and Regulations 79
D. (604) Monitoring Housing Production 79
E. (605) Retention of Benefits Upon Move to 79
Last Resort Housing
F. (606) Last Resort Housing Payments 79
VII. (700) APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW
A. (701) Notification of Claimant 84
B. (702) Right of Review 84
C. (703) Review of Files 87
D. (704) Effect of Determination on Other Persons 87
E. (705) Construction of these Rules and Regulations 87
F. (706) Right to Counsel 87
G. (707) Judicial Review 88
VIII. (800) REQUIREMENTS PRIOR TO DISPLACEMENT
A. (801) Ninety Day Notice 89
B. (802) Prior Determinations 89
C. (803) Use of Temporary Housing 91
IX. (900) ACQUISITION POLICIES
A. (901) Just Compensation 93
B. (902) Initiation of Negotiations 93
C. (903) Contracts to Purchase Real Property 94
D. (904) Improvements Pertaining to the Realty 95
E. (905) Salvage Rights to Real Property 96
F. (906) Guarantee of Rents 96
G. (907) Guarantee of Purchase Price 97
RELOCATION ASSISTANCE RULES AND REGULATIONS
FOR THE
TEMPLE CITY REDEVELOPMENT AGENCY
I. (100) GENERAL
A. (101) PURPOSE
The purpose of these Relocation Rules and Regulations is to
implement the California Relocation Assistance Law
(Government Code, Section 7260 et seq.), and the Guidelines
adopted by the California Department of Housing and Community
Development. Additionally, these guidelines are consistent
with federal relocation policies to the extent such policies
and programs are applicable. The intent is to provide
consistent relocation policies and procedures to ensure that
relocation payments and assistance provided by the
Redevelopment Agency of the City of Temple City (the
"Agency ") will be administered in a fair, reasonable, and
uniform manner and to assure that payments will be made as
promptly as possible to persons and businesses displaced as a
result of the acquisition of real property in a redevelopment
project area.
B. (102) EXTENT OF RELOCATION PAYMENTS
Towards the goal of achieving the maximum number of
successful relocations, the Agency has adopted a Last Resort
Housing Policy. Eligibility for specific payments under this
policy shall be subject to case -by -case determination by the
Agency and to binding and limiting requirements established
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by the Agency. To be eligible for payments under this
supplemental policy, displacees must, prior to their move,
receive written notification of such eligibility from the
Agency. Full documentation, as required by these
supplementary policies, must be provided to the Agency in
advance for a determination as to displacees' eligibility for
payment and the amount of any such payment. When a claimant
assigns representation to a third party, all requirements for
prior Agency determination of eligibility and for submission
of specified documentation remain in force. Failure to
comply with these requirements may result in the claimant's
forfeiture of payments under the supplementary policy.
In addition, the Agency may make any additional relocation
payments to the fullest extent legally allowable which in the
Agency's sole and absolute opinion may be reasonably
necessary to carry out the purpose of a plan for any
redevelopment project. Such payments shall be subject to the
availability of funds for such purpose.
C. (103) AUTHORITY AND APPLICABILITY
These Rules and Regulations are proposed to be adopted by
resolution of the Agency pursuant to Section 7267.8 (a) of
the California Government Code, and are consistent with the
California Relocation Assistance and Real Property
Acquisition Guidelines, as amended. They are applicable to
all displacement occurring after their adoption by the
Agency. These Rules and Regulations supersede any prior
Rules and Regulations adopted by the Agency. However, they
shall not be construed to apply retroactively to
actions
undertaken by the Agency prior to their adoption. At the
Agency's sole discretion, on a case -by -case basis, the Agency
may extend eligibility for payment under the adopted
supplemental programs when an initiation of negotiations has
been made and displacement has not occurred.
D. (104) DEFINITIONS
1. Acquisition:
Obtaining ownership or possession of real property by the
Agency by purchase, eminent domain, or any other lawful
means.
2. Affordable Rent:
Rent not in excess of 25% of the gross income of the
occupant, person or family and not in excess of market
rent.
3. Agency:
The Redevelopment Agency of the City of Temple City, a
public body, corporate and politic.
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4. Average Annual Net Earnings:
One -half of the net earnings of the business or farm
operation before federal, state, and local income taxes,
during the two taxable years immediately preceding the
taxable year of displacement or such other period as may
be determined by the Agency or its designee to be more
equitable for establishing such earnings, and includes
salaries, wages, or other compensation paid by the
business or farm operation to the owner, his spouse or
his dependents during such period. In the case of a
corporate owner, earnings shall include any compensation
paid to the spouse or dependents of the owner of a
majority interest in the corporation. For the purpose of
determining majority ownership, stock held by a husband,
a wife and their dependent children, shall be treated as
one unit.
5. Business:
Any lawful activity, "lawful" being defined as in
compliance with the Temple City Municipal Code and all
applicable state and federal laws, (except a farm
operation), conducted primarily:
a. 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;
b. For the sale of services to the public;
c. By a non- profit organization or association; or
d. Solely for the purpose of Section 400 of these Rules
and Regulations, for assisting in the purchase, sale,
resale, manufacture,
processing or marketing of
products, commodities, personal property or services
by the erection and maintenance of an outdoor
advertising display, whether or not such a display is
located on the premises on which any of the above
activities are conducted.
For definition of "Small Business" see Number 34.
6. Business Premises:
The location occupied by a business to conduct a lawful
business activity.
7. Comparable Replacement Dwelling:
A dwelling which satisfies each of the following
standards:
a. Decent, safe and sanitary [as those terms are defined
in subparagraph 12 of this Section (104)] and
functionally similar to the acquired dwelling with
respect to the number of rooms, state of repair,
habitable living space and type and quality of
construction, but not lesser in rooms or living space
than necessary to accommodate the displaced person.
b. In an area not subject to unreasonable adverse
environmental conditions from either natural or man-
made sources, and not generally less desirable than
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the location of the acquired dwelling with respect to
public utilities and public and commercial
facilities, and reasonably accessible to the
displaced person's present or potential place of
employment.
c. Available on the private market to the displaced
person and available to all persons regardless of
race, color, religion, sex, marital status, or
national origin in the manner consistent with Title
VIII of the Civil Rights Act of 1968.
d. In the case of a displaced person who is a renter,
within the financial means of the displaced person.
A replacement dwelling is within the financial means
of a displaced person if the rental cost (including
utilities) does not exceed 25% of the person's
average monthly income, or the displaced person
receives the maximum rental assistance payment of
$5,250.
In the case of a displaced person who is an owner, a
replacement dwelling is considered within the
financial means of a displaced person if the
purchase price of the dwelling, including related
increased mortgage interest costs and other
reasonable expenses, does not exceed the total of the
amount of just compensation provided for the dwelling
acquired, or the displaced person receives the
maximum replacement housing payment of $22,500.
8. Condominium:
An estate in real property which consists of an undivided
interest in common in a portion of real property coupled
with a separate interest in space called a unit, the
boundaries of which are described on a recorded final
map, parcel map, or condominium plan in sufficient detail
to locate all boundaries thereof. A "condominium" is
more particularly described in Sections 703 and 1351(f)
of the California Civil Code.
9. Conventional Loan:
A promissory note secured by a trust deed or mortgage
made by a bank or savings and loan association. A
conventional loan is not insured or guaranteed by an
agency of the state or federal government.
10 Date of Acquisition:
The date the Agency obtains ownership and possession of
property by lawful means, i.e., conveyance and
recordation of title, or Order for Prejudgment
Possession.
11. Date of Initiation of Negotiations:
The day on which the Agency makes its initial written
offer to the owner or the owner's representative to
purchase the real property for a project for the amount
determined to be just compensation, or the day on which
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the Agency adopts an Owner Participation Agreement,
where applicable.
12. Decent, Safe and Sanitary Dwelling:
Housing in sound, clean and weathertight condition, in
conformance with applicable state and local building,
plumbing, electrical, housing and occupancy codes, which
meets the following minimum standards:
a. Single- Family Dwellings, Apartments, Condominiums
(1) Conforms with all applicable provisions for
existing structures that have been established
under state or local building, plumbing,
electrical, housing and occupancy codes and
similar ordinances or regulations applicable to
the property in question.
(2) Has a continuing and adequate supply of potable
safe water.
(3) Has a kitchen or an area set aside for kitchen
use which contains a sink in good working
condition and connected to hot and
cold water, and a sewage disposal system. The
kitchen or kitchen area shall have utility
service connections and adequate space for the
installation of a stove and refrigerator.
(4) Has an adequate heating system in good working
order which will maintain a minimum temperature
in the living area as conforms to local
environmental conditions.
(5) Has a bathroom, well- lighted and ventilated and
affording privacy to a person within it,
containing a lavatory basin and a bathtub or
shower stall, properly connected to an adequate
supply of hot and cold running water, and a
flush water closet, all in good working order
and properly connected to a sewage disposal
system.
(6) Has provision for artificial lighting for each
room.
(7) Is structurally sound, in good repair and
adequately maintained.
(8) Each building used for dwelling purposes shall
have two safe unobstructed means of egress
leading to safe open space at ground level.
Each dwelling unit in a multi - dwelling building
must have access either directly or through a
common corridor to two means of egress to open
space at ground level. In buildings of three
stories or more, the common corridor on each
story must have at least two means of egress.
(9) Every sleeping room shall contain not less than
90 square feet of floor area and at least one
window opening to the outside. If more than two
persons occupy the room, an additional 60
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square feet of floor area shall be required for
each additional person. Except for a married
couple (unless otherwise desired by the couple),
and children under 6 years of age, all occupants
of a sleeping room should be of the.same sex.
b. Light Housekeeping Rooms
(1) The standards for decent, safe, and sanitary
housing as applied to the rental of sleeping
rooms shall include the minimum requirements
contained in subparagraphs (1), (4), (6), (7),
and (8) above, and the following:
(a) at least 90 square feet of habitable
floor space; and, further, that occupancy
of such facility is limited to one person.
(b) lavatory and toilet facilities that provide
privacy, including a door that can be
locked if such facilities are separate from
the room.
13. Displaced Business:
Any business which qualifies as a displaced person under
Paragraph 14 below.
14. Displaced Person:
Any person who moves from real property, or who moves his
personal property from real property, as a result of:
a. The acquisition of real property in whole or in part,
by the Agency or by any person having an agreement
with or acting on behalf of the Agency; or
b. The receipt of a written notice from the Agency to
vacate the real property for public use; or
c. The initiation of negotiations by the Agency to
acquire the real property.
d. The rehabilitation, demolition, or other displacing
activity as the Agency may prescribe under a program
or project undertaken by the Agency, of real property
on which the person is a residential tenant or
conducts a business or farm operation, in any case in
which the Agency determines that the displacement is
permanent.
This definition shall be construed so that persons
displaced as the result of public action receive
relocation benefits in cases where they are displaced as
a result of an an agreement with the Agency including,
but not limited to, an owner participation agreement, a
disposition and development agreement, an exclusive right
to negotiate agreement, or an acquisition carried out by
a private person for or in connection with a public use
where the Agency is otherwise empowered to acquire the
property to carry out the public use.
Except tenants or occupants of housing made available on
a permanent basis by the Agency, a "displaced" person
shall not include: (1) any person who, at the time of the
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Agency's acquisition of the real property, was not a
tenant or occupant in lawful possession of the real
property, and whose right of possession at the time of
moving arose after the date of the Agency's acquisition
of the real property and with knowledge of such
acquisition; or (2) unless federal law or regulations
require such a tenant to be considered a displaced
person, any nonresidential tenant or occupant who moves
as a result of his breach of his tenancy agreement.
A utility which relocates its poles, posts, wires,
conduits, cables, pipes, lines and necessary fixtures
and equipment located in, along, or under any public
street, road or highway as the result of activities in
the implementation of a redevelopment plan is not a
displaced person.
15. Dwelling:
The place of permanent or customary and usual residence
of a person, including a single family dwelling, a single
family unit in a two family dwelling, multi - family or
multipurpose dwelling unit of a condominium or
cooperative housing project, nonhousekeeping unit, a
mobilehome, or any other residential unit which either is
considered to be real property under state law or cannot
be moved without substantial damage or unreasonable cost.
A residence need not be decent, safe and sanitary to be a
dwelling.
16. Economic Rent:
The amount of fair market rent a tenant or homeowner
would have to pay for a dwelling similar to the acquired
dwelling in a comparable area.
17. Elderly Household:
A household in which the head of household or spouse is
62 years of age or older.
18. Family:
Two or more individuals, one of whom is the head of a
household, who by blood, marriage, adoption or mutual
consent live together as a family unit. Where two or
more individuals occupy the same dwelling with no
identifiable head of household, they shall be treated as
one family for replacement housing payment purposes.
19. Farm Operation:
Any activity conducted solely or primarily for the
production of one or more agricultural products or
commodities, including timber, for sale or home use, and
customarily producing such products or commodities in
sufficient quantity to be capable of contributing
materially to the operator's support.
20. Gross Income:
The total annual income from all sources of each member
of a family residing in a dwelling who is eighteen (18)
years of age or older except that income of a head of
household or his or her spouse who is under eighteen (18)
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years of age, shall also be included. Gross income shall
be calculated on the basis of the 12 -month period
immediately prior to displacement. If the Agency
determines, on a case -by -case basis, that the use of the
12 -month period prior to displacement would result in a
hardship to the claimant, an alternate period, actual or
projected, may be used, at the Agency's sole and absolute
discretion.
21. Handicapped Households:
A household in which any member is handicapped or
disabled.
22. Incidental Expenses:
Necessary and reasonable costs actually incurred by a
displaced person for closing costs incident to the
purchase of a replacement dwelling and legally required
or customarily paid by a buyer, as follows:
a. Legal closing and related costs, including those for
title search, preparing conveyance instruments,
notary fees, preparing surveys, and recording fees.
b. Lender, FHA, or VA application and appraisal fees.
c. Loan origination or assumption fees that do not
represent prepaid interest.
d. Certification of structural soundness and termite
inspection, when required.
e. Credit report.
f. Owner's and mortgagee's evidence or assurance of
title; e.g., title insurance not to exceed the costs
for a comparable replacement dwelling.
g. Escrow agent's fee.
h. Such other costs as the Agency determines to be
incident to the purchase.
23. Mobilehome:
A structure, transportable on a street or highway under
permit and pursuant to Section 35790 of the Vehicle Code
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 mobilehome.
A mobilehome does not include a recreational or
commercial vehicle.
24. Mortgage:
Such classes of liens (including deeds of trust) as are
commonly given to secure advances on, or the unpaid
purchase price of, real property, together with the
credit instruments, if any, secured thereby.
25. Nonprofit Organization:
a. A corporation organized under the provisions of the
Nonprofit Corporation Law of the State of California
(Corporation Code Section 5000 et seq.); or
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b. An entity organized as a nonprofit organization under
the laws of a state other than California and
qualified to do business as a nonprofit organization
in the State of California; or
c. An unincorporated association or organization of
natural persons for religious, scientific, literary,
educational, recreational, benevolent, or other
purpose not that of pursuing profit.
26. Notice of Intent to Displace:
A written Notice of Intent to Displace is issued by the
Agency to occupants within a reasonable period of time
subsequent to the Agency's initiation of negotiations to
purchase a property. The Notice of Intent to Displace
establishes eligibility for relocation benefits prior to
acquisition by the Agency.
27. Owner:
For a dwelling, "owner" means a person who:
a. holds fee title, a life estate, a 50 -year lease, or a
lease with not less than 20 years (including
options for renewals or extensions) to run from date
of acquisition;
b. holds a proprietary interest in a cooperative housing
project which includes the rights of occupancy of a
dwelling unit therein;
c. is the contract purchaser of any of the foregoing
estates or interests;
d. has a leasehold interest with an option to purchase,
the exercise of which has not been waived or barred;
or
e. owns a mobile home which under state law is
determined to be real property, not personal
property.
f. has succeeded to any of the foregoing interests by
devise, bequest, inheritance or operation of law.
For a business, an "Owner" includes:
a. the sole proprietor of a sole proprietorship;
b. the partners owning a majority interest in a
partnership;
c. the shareholders owning the majority of issued shares
in a corporation.
In determining the majority of partners and shareholders,
any shares or partnership owned by a husband, wife and /or
their dependents shall be treated as one holding or unit.
28. Person:
Any individual, family, partnership, corporation,
association, or nonprofit organization.
29. Personal Property:
Tangible property which is situated on the real property
vacated or to be vacated by a displaced person and which
is considered noncompensable (other than for moving
expenses) under the Eminent Domain Law of the State of
California; and,
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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, subject to the
Agency's prior written authorization, 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 is personal or real shall depend upon how it is
identified in the acquisition appraisals and the closing
or settlement statement with respect to the real property
acquisition; provided, that no item of property which is
compensable under state and local law to the owner of
real property in the real property acquisition may be
treated as tangible personal property in computing actual
direct losses of tangible personal property.
30. Post Acquisition Tenant:
Any tenant who, after the Date of Acquisition, lawfully
enters into possession of said property owned by the
Agency.
31. Prepaid Expenses:
Items paid in advance by the seller of real property and
prorated between such seller and the buyer of such real
property at the close of escrow including, but not
limited to, real property taxes, insurance, homeowners'
association dues and assessment payments.
32. Project Area:
The area included in any Redevelopment Plan adopted by
the Agency pursuant to Section 33000 of the Health and
Safety Code.
33. Reasonable Cost:
The reasonable cost of any item or service shall be
subject to the Agency's criteria for an acceptable bid
process. On a case -by -case basis, the Agency may
establish the number of competitive bids required.
34. Small Business:
A business, having at least one but not more than 500
employees working at the site being acquired or
permanently displaced by a program or project.
35. Stated Mortgage Interest Rate:
The annual percentage rate on a loan secured by a
mortgage or deed of trust as set forth in the mortgage,
deed of trust or other security instrument evidencing the
loan.
36. Tenant:
A person or business who enters and lawfully occupies
premises, including a residential dwelling, owned by
another, with the express permission of the owner and on
a temporary basis. A tenant need not have a written
rental agreement or lease to be a tenant.
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E. (105) CITIZEN PARTICIPATION
Persons who will be displaced by a project and neighborhood
groups in the displacement area will be encouraged to review
the relocation plan (prepared in accordance with the
provisions of Section 203) and to participate in monitoring
the relocation program.
The Agency shall ensure public access to all documents
relevant to the relocation program. The Agency may, however,
restrict access to material where its confidentiality is
protected by law or its disclosure is prohibited by law. The
Agency shall also provide technical assistance in
interpreting the relocation plan or other materials pertinent
to the relocation program.
The public shall have the right to submit written or oral
comments on the plan and to have these comments attached to
the plan when it is submitted to the Agency for approval.
The Agency shall reply promptly in writing to any written
objections to the plan.
F. (106) PRIORITY OF FEDERAL LAW
These rules and regulations are designed to serve as a
basis for administration of relocation activities governed by
state law. They are not intended to guide relocation
activities subject to federal requirements.
The Agency will provide a relocation program consistent with
provisions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, (42 U.S.C. Section
4601 et seq.), as amended at the time of project
implementation if the Agency undertakes a project with
federal financial assistance.
Therefore, the provisions of these rules and regulations
shall not apply if the Agency undertakes a project with
federal financial assistance and consequently must provide
relocation assistance and benefits as required by federal
law. If an obligation to provide relocation assistance and
benefits is not imposed by federal law, the provisions of
these rules and regulations shall apply.
If a project is federally funded in whole or in part, then
the guidelines will be utilized only in areas where they
conform to the federal guidelines. In all other instances
the federal guidelines will prevail as same or periodically
amended.
G. (107) 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 this law which can be given effect without
the invalid provision or application, and to this end, the
provisions of this law are severable.
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H. (108) AMENDMENTS
The Agency reserves the right to amend these rules,
regulations, procedures and policies at its sole discretion,
from time to time.
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II. (200) RELOCATION ASSISTANCE ADVISORY PROGRAM
A. (201) ADVISORY ASSISTANCE TO BE PROVIDED BY THE AGENCY
The Agency shall provide relocation advisory assistance
to any person or business displaced because of the
acquisition of real property by the Agency to minimize
the hardship of displacement.
Relocation advisory assistance will:
1. Fully inform eligible persons within 15 days
following the initiation of negotiations for a
parcel, or as soon as practical within a reasonable
period of time, as to the availability of relocation
benefits and assistance and the eligibility
requirements therefor, as well as the procedures for
obtaining such benefits and assistance.
2. Determine the extent of the need of each such
eligible person for relocation assistance.
3. Assure eligible persons that within a reasonable
period of time prior to displacement there will be
available comparable replacement housing sufficient
in number and kind for, and available to, such
eligible persons.
4. Provide current and continuing information on the
availability, prices, and rentals of comparable sales
and rental housing, and of comparable commercial
properties and locations, and as to security
deposits, closing costs, typical down payments,
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interest rates, and terms for residential property in
the area.
5. Assist each eligible person to complete applications
for payments and benefits.
6. Assist each eligible, displaced person to obtain and
move to a comparable replacement dwelling.
7. Assist each eligible displaced business in locating a
suitable replacement facility.
8. Provide any services required to insure that the
relocation process does not result in different or
separate treatment on account of race, color,
religion, national origin, sex, marital status or
other arbitrary circumstances.
9. Supply to such eligible persons information
concerning federal and state housing programs,
disaster loan and other programs administered by the
Small Business Administration, and other federal or
state programs, offering assistance to displaced
persons.
10. Provide other advisory assistance to eligible persons
in order to minimize their hardships. It is
recommended that, as needed, such assistance include
counseling and referrals with regard to housing,
financing, employment, training, health and welfare,
as well as other assistance.
11. Inform all persons who are expected to be displaced
about the eviction policies to be pursued in carrying
out the project, which policies shall be in
accordance with the provisions of Section 207.
12. When a substantial number of persons will be
displaced and the relocation staff's office is not
easily accessible to those persons, the Agency may,
but is not required to, establish one or more
appropriately equipped site office(s).
B. (202) ELIGIBILITY
Relocation assistance and benefits shall be available to:
1. Any person or business in lawful occupancy who moves
from real property, or who moves his personal
property from real property as a result of Agency
acquisition of such real property, in whole or in
part, or by any person having an agreement with or
acting on behalf of the Agency;
2. Any person or business in lawful occupancy who moves
from real property, or who moves his personal
property from real property as a result of a written
order from the Agency to vacate such real property
for public use; or,
3. Any person or business in lawful occupancy who moves
from real property, or who moves his personal
property from real property as a result of an owner
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participation agreement or an acquisition carried out
by a private person for or in connection with a
public use where the Agency is otherwise empowered to
acquire such property to carry out the public use.
C.' (203) RELOCATION PLAN
1. As soon as possible following the initiation of
negotiations to acquire property or the adoption of
an owner participation agreement, and prior to
proceeding with any phase of a project or other
activity that will result in significant residential
displacement, the Agency shall prepare a Relocation
Plan and submit it to the City Council. When the
Agency's action will only result in an insignificant
amount of non - residential displacement, the
requirements of this section need not be satisfied.
2. A Relocation Plan shall include the following:
a. A diagrammatic sketch of the project area;
b. Projected dates of displacement;
c. A written analysis of the aggregate relocation
needs of all persons to be displaced and a
detailed explanation as to how these needs are to
be met;
d. A written analysis of relocation housing
resources;
e. 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 (pursuant to Sections 300 and 400) and a
plan for disbursement;
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
is to be built and financed;
i. A standard information statement to be sent to
all persons to be displaced (as required by
Paragraph 3 of Section 204);
j. Temporary relocation plans, if any;
k. A description of claim and payment procedures;
1. Plans for citizen participation;
m. The comments of the relocation committee, if any;
n. A written determination by the Agency that the
necessary resources will be available as
required.
3. In the event of delay of implementation of the
relocation program, the plan shall be updated
annually.
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D. (204) INFORMATIONAL PROGRAM
1. General Information
The Agency shall provide technical assistance as
necessary to interpret elements of the Agency's
Relocation Plan (or Rules and Regulations), and other
pertinent materials.
2. Fifteen days following the initiation of negotiations
or as soon as practicable following the initiation of
negotiations to acquire a parcel of real property or
adoption of an owner participation agreement by the
Agency, the Agency shall contact each eligible person
occupying such property to carefully explain and
discuss fully with such person the extent of
relocation payments and assistance that may be made
available by the Agency. Such 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 Paragraph 1 of Section 201. The Agency
shall maintain personal contacts with occupants of
the property to the maximum extent practicable.
3. Information Statement - Relocation Assistance
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property or
adoption of an owner participation agreement by the
Agency, the Agency shall provide each occupant of
such property with a written statement containing the
following information:
a. A statement that Agency action may result in
displacement, but that to the greatest extent
practicable, no person lawfully occupying the
real property will be required to move without at
least 90 days' written notice from the Agency;
b. 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 under
limited circumstances provided for in these Rules
and Regulations;
c. 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 such
payments;
d. Identification of the Agency's relocation program
and a description of relocation services and
assistance that will be available;
e. Encouragement to visit the Agency's relocation
office and cooperate with staff, and the address,
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telephone number and hours of the relocation
office;
f. 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 Agency will identify
available comparable replacement dwellings
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 Agency prior to
making a commitment to purchase or occupy
the property so that the Agency's represen-
tative can inspect the unit.
g. A statement to businesses that the Agency will
provide assistance in locating relocation
accommodations, including consultation with
governmental agencies which might be of
assistance;
h. A statement to businesses describing the
requirement for prior notification to the Agency
of the business concern's intention to move;
i. A summary of the Agency's eviction policy;
j. A statement describing the Agency's grievance
procedure, its purpose and how it may be used,
and information concerning its availability;
k. Any additional information that the Agency
believes would be helpful.
Where appropriate, separate information. statements
shall be prepared for residential and non - residential
occupants.
4. Language of Informational Material
Informational 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 will be used and all informational
material will be provided in the native language(s)
and English.
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5. Method of Delivery of Informational Material
To assure receipt of the informational material, the
Agency shall arrange to have the material either
hand - delivered to each business or head of household
in the property, with a request for a written
receipt, or sent by certified mail, return receipt
requested.
6. Notice of Eligibility Status
In addition to disseminating general information, the
Agency shall provide each business or head of
household with individual, written notification of
eligibility status as soon as practical after such
time as it has been established.
E. (205) DETERMINATION OF RELOCATION NEEDS
1. Interviews
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property, or
the adoption of an owner participation agreement, the
Agency shall interview each eligible person 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 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 produce the information to be obtained
reasonable efforts shall be made to obtain the
information by other means.
a. Information to be Obtained
The Agency shall endeavor to obtain the following
information from eligible persons:
(1) Income;
(2) Whether a person is a senior citizen 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;
(8) 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) the rent;
(b) type and quality of construction;
(c) number of rooms and bedrooms;
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(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. Coordination with Other Agencies
In order to avoid duplication of effort and to
ensure that necessary information is available at
the appropriate time, the Agency shall coordinate
its interview activities with the survey
activities, if any, of other agencies. Gathering
of data pertinent to social service referrals of
eligible persons shall be planned in cooperation
with social service agencies.
c. Interview after Person Moves without Notice
If the Agency fails to conduct the required
interview of any eligible person in a timely and
effective manner, the Agency shall make every
reasonable effort to identify, locate and
interview such person who has moved so that his
relocation needs can be determined. The Agency
shall offer such persons all relocation
assistance and benefits for which they otherwise
qualify and, in addition, shall compensate such
persons for all costs occasioned by the Agency's
failure to provide timely notice and offers of
relocation assistance and benefits.
2. Relocation Records
Based on information obtained during interviews and
from other sources as applicable, the Agency shall
prepare and maintain an accurate relocation record
for each person to be displaced. The record shall
contain a description of the pertinent
characteristics of the persons to be 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 relating to him to
the extent and in the manner provided by law.
3. Updating Information
Information pertaining tb the relocation needs of
eligible persons occupying each parcel of real
property with respect to which the Agency has
initiated negotiations for acquisition shall be
updated at least annually. Eligible persons shall be
encouraged to bring any change in their needs to the
attention of the Agency.
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F. (206) TERMINATION OF RELOCATION ASSISTANCE
The Agency's relocation obligations cease under any of
the following circumstances:
1. A displaced person moves to a comparable replacement
dwelling and receives all assistance and payments to
which he is entitled; or,
2. The displaced person moves to substandard housing,
refuses reasonable offers of additional assistance in
moving to a decent, safe and sanitary replacement
dwelling and receives all payments to which he is
entitled; or,
3. All reasonable efforts to trace a relocatee have
failed; or,
4. A displaced business concern has received all
assistance and payments to which it is entitled and
has been successfully relocated or has ceased
operations; or,
5. A displaced business or person refuses reasonable
offers of assistance, payments and /or comparable
replacement housing.
G. (207) EVICTION
Eviction from property acquired by the Agency shall be
undertaken only for one or more of the following reasons:
1. Failure to pay rent, except in those cases where the
failure to pay is legally excused;
2. Performance of a dangerous, or illegal act in the
unit;
3. Material breach of the rental agreement and failure
to correct breach within 30 days after notice;
4. Maintenance of a nuisance and failure to abate within
a reasonable time following notice;
5. 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 Agency;
7. Failure to vacate in accordance with an agreement
with the Agency;
8. Failure to obey a court order authorizing the Agency
entity to take possession; or
9. The building has structural defects existent at the
time of acquisition by the Agency.
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III. (300) RELOCATION PAYMENTS TO DISPLACED PERSONS
A. (301) GENERAL
The Agency shall compensate a displaced person for the
expenses described in Sections 302 or 303, and if
eligible, Sections 304 or 305. A displaced person who
lives on his business property may be eligible for both
the payments described under this Section III and the
payments to a displaced business provided under Section
IV. A person who moves from his dwelling or who moves
his personal property therefrom because he is displaced
by the Agency from other real property on which he
conducts a business shall be eligible only for payments
provided for under Section 302 or 303.
Applications for benefits must be made within (18) months
from the date on which the displaced person moves from
the real property acquired, unless such time is extended
by the Executive Director of the Agency or his designee.
Additionally, a special limitation for residential owner
occupants requires that they purchase and occupy a
decent, safe and sanitary replacement dwelling within one
year from the later of the following:
1. The date the displaced person receives final payment
for the displacement dwelling, or in the case of
condemnation, the date the full amount of estimated
just compensation is deposited in court.
2. The date the Agency fulfills its obligation to make
available
at least one comparable replacement
dwelling to the displaced person.
However, the Agency may extend the period for good cause.
Also, the displaced owner and the Agency may agree in
writing that the displaced owner may remain in occupancy
of the acquired dwelling as a tenant of the Agency on the
conditions that the displaced owner shall only be
entitled to the payment authorized by this section on the
date on which the owner moves from the acquired dwelling
and that the payment shall be in an amount equal to that
to which the owner would have been entitled if the owner
had purchased and occupied a replacement dwelling one
year subsequent to the date on which final payment was
received for the acquired dwelling from the Agency.
B. (302) ACTUAL REASONABLE EXPENSES IN MOVING
1. Allowable Moving Expenses
A displaced person shall be compensated for the
expenses incurred in moving individuals, families,
and personal property from the acquired site to the
replacement site, not to exceed a distance of 50 road
miles, except where the Executive Director of the
Agency or authorized designee determines that
relocation beyond this 50 -mile area is justified.
Such moving expenses shall include:
a. Reasonable expenses for transportation of the
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displaced person, family, and personal property
from the acquired site to the replacement site;
b. Packing and unpacking, crating and uncrating of
the personal property of the displaced person and
his family;
c. Storage of personal property for a period not to
exceed twelve (12) months in the event the Agency
d.
determines that such storage is
connection with relocation;
Insurance premiums covering the
necessary in
reasonable
replacement value of personal property for loss
or damage while in storage or transit;
e. Property lost, stolen, or damaged in the process
of moving, where insurance to cover such loss or
damage is not available; provided that such loss,
theft, or damage is not due to the fault or
negligence of the displaced person or his agents
or employees and any claim for such loss or
damage is supported by such documentation as may
be reasonably required to support the claim;
f. Disconnection, removal, reconnection, and
reinstallation of appliances and similar items of
personal property not acquired as real property,
including connection charges (but not deposits)
imposed by public utilities for starting utility
service.
C. (303) PAYMENTS IN LIEU OF ACTUAL REASONABLE EXPENSES IN
MOVING
Any displaced person who moves from a dwelling and who
elects to accept payments authorized by this Section 303
in lieu of the payments authorized by Section 302, shall
receive:
1. A moving expense allowance, according to an
established schedule, of a minimum of $225, depending
upon the number of rooms occupied and amount of
furniture to be moved. The Agency's established
moving schedule is as follows:
Occupant Owns Furniture
1 room of furniture: $ 250
2 rooms of furniture: $ 400
3 rooms of furniture: $ 550
4 rooms of furniture: $ 650
5 rooms of furniture: $ 750
6 rooms of furniture: $ 850
7 rooms of furniture: $ 950
8 rooms of furniture: $1,050
Each additional room: $ 100
Occupant Does Not Own Furniture
First room: $ 225
Each additional room: $ 35
2. A person who has minimal personal possessions and is
in occupancy of a room shared by two or more
unrelated persons, or a person whose residential move
is performed by the Agency at no expense to that
person is only entitled to a maximum fixed payment of
$50.00.
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3. If two or more displaced persons are joint occupants
of one dwelling unit and submit more than one claim,
an eligible claimant for a payment under this Section
303 may be paid only his reasonable prorated share
(as determined by the Agency) of the total payment
applicable to a single tenant. 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 tenant as provided in
this section.
D. (304) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED OWNER
OCCUPANTS
1. Eligibility
In addition to the payments required by Sections 302
or 303, the Agency shall make a payment to a
displaced person whose real property is improved with
a dwelling actually owned and occupied by the
displaced person for not less than 180 days prior to
the date of initiation of negotiations for the
acquisition of the property.
The payment made pursuant to paragraph 2 of this
Section 304 shall be made only to a displaced person
who purchases a replacement dwelling, and who
occupies it within one year from the later of the
following:
a. The date on which final payment is received from
the Agency for the displacement dwelling (or, in
the case of condemnation, the date the amount of
estimated just compensation is deposited in the
court),
b. The date the Agency fulfills its obligation to
make available at least one comparable
replacement dwelling.
Where for reasons of hardship and beyond the control
of such displaced person, such person is unable to
occupy the replacement dwelling within the above time
limit, the Agency or its designee may waive this time
limit, and grant a reasonable extension.
Additionally, to qualify for this payment, the
replacement dwelling must be considered decent, safe
and sanitary. For the purposes of this Section 304,
the leasing of a condominium for a 50 -year period, or
for a term which exceeds the life expectancy of the
displaced person (as determined from 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), shall
be deemed a purchase of a condominium.
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A displaced person who is ineligible for a
replacement housing payment pursuant to the
requirements of this section may be eligible for a
replacement housing payment under Paragraph E of
Section 305.
2. Amount and Computation of Replacement Housing Payment
for Displaced Owner - Occupants
The total replacement housing payment to be made to a
displaced person shall not exceed Twenty -two Thousand
Five Hundred Dollars ($22,500.00), and shall be
comprised of payments set forth below:
a. Differential Payments
The Executive Director of the Agency, or his
designee, shall determine the amount, if any,
which, when added to the acquisition payment
equals the reasonable cost (including incidental
expenses associated therewith) of a comparable
replacement dwelling, provided that such amount
shall not exceed the difference between the
acquisition price of the acquired dwelling and
the actual purchase price of the replacement
dwelling. If the displaced person voluntarily
purchases and occupies a decent, safe, and
sanitary dwelling at a price less than the
acquisition price of the acquired dwelling, no
differential payment shall be made. However, the
displaced person may receive compensation as
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provided in subparagraphs b and c of this Section
304. The following methods may be used in
determining the differential payment:
(1) Schedule Method
The Agency may base its payments on a
schedule, which the Agency establishes, of
reasonable acquisition costs for a
comparable replacement dwelling based on a
current market analysis sufficient to
support determinations of the amount for the
type of dwelling to be acquired; or
(2) Comparative Method
The Agency may use a comparative method on
which to base its payment by selecting a
dwelling or dwellings most representative of
the dwelling unit acquired, available to the
displaced person, and which meets the
definition of a comparable replacement
dwelling. A single dwelling shall be used
only when additional comparable dwellings
are not available; or
(3) Alternate Method
The Agency may develop criteria for
computing the replacement housing payments
where neither the schedule method nor
comparative method is feasible.
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b. Increased Mortgage Interest Payment
The Executive Director of the Agency or his
designee shall determine the amount, if any,
which will compensate the displaced owner for any
increased interest costs which the owner is
required to pay for financing the acquisition of
a comparable replacement dwelling. The amount
shall be
the Agency
which was
less than
initiation
paid only if the dwelling acquired by
was encumbered by a bona fide
a valid lien on the dwelling
mortgage
for
180 days immediately prior to
not
the
of negotiations for the acquisition of
the dwelling. All of the mortgages on
acquired dwelling shall be used to compute
payment.
the
the
The amount shall be computed using the
lesser of the principal balance of the mortgage
on the replacement dwelling or the outstanding
principal balance of the mortgage on the acquired
dwelling, and the lesser of the remaining term on
the acquired dwelling or the actual term of the
new mortgage. The present value of the increased
interest costs shall be computed based on the
lesser of the prevailing interest rate or the
actual interest rate on the replacement property.
The amount shall also include other reasonable
debt service costs incurred by the displaced
owner.
For the purposes of this subdivision, if the
replacement dwelling is a mobilehome, the term
"mortgage" shall include those liens as are
commonly given to secure advances on, or the
unpaid purchase price of, mobilehomes, together
with the credit instruments, if any, secured
thereby.
c. Incidental Expense Payment
The Agency, or its designee, shall determine the
amount, if any, necessary to reimburse a
displaced person for actual reasonable expenses
incurred by the displaced owner - occupant incident
to the purchase of a replacement dwelling. Such
costs may include the following:
(1) Legal closing and related costs, including
those for title search, preparing conveyance
instruments, notary fees, preparing surveys,
and recording fees;
(2) Lender, FHA, or VA application and appraisal
fees;
(3) Loan origination or assumption fees that do
not represent prepaid interest;
(4) Certification of structural soundness and
termite inspection, when required;
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(5) Credit report;
(6) Owner's and mortgagee's evidence or
assurance of title; e.g., title insurance
not to exceed the costs for a comparable
replacement dwelling;
(7) Escrow agent's fee;
(8) Such other costs as the Agency determines to
be incidental to the purchase.
In order to be considered for this type of
payment, the claimant shall furnish proof of
payment of actual incurred expenses in the form
of a certified copy of the closing escrow
statement showing separate items, receipts or
statements, and /or cancelled checks.
3. Displaced Persons Who Are Joint Owner - Occupants of a
Dwelling
The total amount of the replacement housing payment
to be made to displaced persons who were joint owner -
occupants of a dwelling acquired by the Agency shall
be limited to the total amount of the payment
applicable for an individual under Paragraph 2 of
Section 304. Such joint owner - occupants may be paid
only their respective'reasonable prorated share of
the total payment applicable for an individual.
4. Multi - Family Dwelling
In the case of a displaced homeowner who is required
to move from a one - family unit of a multi- family
building which he 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 replacement
housing payment shall be based on the cost of any
otherwise comparable single - family structure.
5. Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and
occupy his 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. The payment shall
not exceed the amount of the replacement housing
payment to which the homeowner would otherwise be
entitled.
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6. Replacement Housing Payments for Displaced Owner -
Occupants - Special Exemption
The Agency, at its sole discretion, may make a
determination to waive the calculation procedures for
a Replacement Housing Payment of up to $22,500.
However, the requirement for owner occupant
eligibility, including the 180 day occupancy prior to
initiation of negotiations, must be fulfilled. The
Executive Director of the Agency or his designee, in
compliance with Section B 102 - Extent of Relocation
Payments, may make a
maximum payment will
consummation of an
finalizes the Agency's
determination that the $22,500
be approved subject to the
acquisition agreement which
acquiring the property.
E. (305) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED TENANTS
AND OTHERS
1. Eligibility
In addition to the payments required by Section 302
or by Section 303, the Agency shall make a payment to
a displaced person who has actually and lawfully
occupied the dwelling from which he is displaced for
not less than ninety (90) days prior to the date of
the initiation of negotiations by the Agency for
acquisition of such dwelling, and who is not eligible
to receive the replacement housing payment provided
under Paragraph 2 of Section 304.
2. Amount and Computation of Replacement Housing Payment
for Displaced Tenant and Others
A replacement housing payment for tenants and certain
others
may be
person
may be in an amount not to exceed $5,250 and
either (a) a payment to assist a displaced
in the rental of replacement housing for
a
period not to exceed four years; or (b) a payment to
assist a displaced person in making a downpayment
toward the purchase of replacement housing. The
amount of the payment shall be computed in accordance
with the instructions set forth in these regulations.
3. Rental Assistance Payment
The rental assistance payment shall be computed by
taking the lesser of either the replacement housing
rent (including utilities) or the comparable monthly
rent (including utilities), minus the lesser of
either the displacement rental rate (including
utilities) or ability to pay (25% of gross monthly
household income). The difference is multiplied by
48 (months) to determine the total amount of the
payment. The maximum payment under this section is
$5,250. The payment may be made monthly, annually,
or in a lump sum according to the determination of
the Agency. The displacement rental rate shall be:
a. The average monthly rent paid by the displaced
person for the 3 -month period prior to the date
of the initiation of negotiations; or
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b. The average monthly rent during such 3 -month
period for similar dwellings in an area not
generally less desirable than that of the
dwelling from which such person was displaced
(hereinafter referred to as the "economic rent ")
in the event:
(1) The average monthly rent paid by the
displaced person is found by the Agency or
its designee to be substantially higher or
lower than the economic rent; or
(2) The displaced person was the owner of the
dwelling from which he was displaced.
The comparable monthly rent shall be the amount
determined by the Agency's designee using either
of the following methods:
(1) Schedule Method
In accordance with a schedule to be
established from time to time by the
Agency's designee which establishes the
average monthly rent for comparable
replacement housing which are available in
the private market for the various types of
dwellings to be acquired; or
(2) Comparative Method
On a case by case basis by determining the
average month's rent for one or more
dwellings which have been selected by the
Agency or by the displaced person with the
approval of the Agency, and which are more
representative of the acquired dwelling and
meet the definition of comparable
replacement housing.
In calculating all monthly rents, the Agency will
include as a component of rent the cost or
estimated cost of utilities to the tenant, but
not including telephone service.
4. Downpayment Assistance
In the event the displaced person elects to purchase
instead of rent a replacement dwelling, an amount not
to exceed $5,250 shall be paid to the displaced
person to make a down payment and to cover incidental
expenses on the purchase of a replacement dwelling.
a. Downpayment assistance shall be based upon the
difference between the rent of a comparable unit
minus the lesser of either the rent of the
displacement dwelling or ability to pay (25% of
gross monthly household income), times 48 months,
plus
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b. Expenses incident to the purchase of a comparable
replacement dwelling as set forth in Section 304.
The total of a and b above may not exceed $5,250.
Whenever possible, the full amount of a Downpayment
Assistance payment under this Section shall be
applied to the purchase price and incidental expenses
incurred through the purchase of the replacement
dwelling.
5. Limitations and Disbursement of Replacement Housing
Payment to Displaced Tenants and Others
a. Joint Occupants
The total amount of the replacement housing
payment to be made to displaced persons who were
joint occupants of a dwelling acquired by the
Agency shall be limited to the total amount of
the payment applicable for an individual under
Paragraph 2 of Section 305. Such joint occupants
may be paid only their reasonable prorated share
of the total payment applicable for an
individual, as determined by the Executive
Director of the Agency.
b.
Disbursement
Payments
When the Agency has determined the amount of the
rental assistance payment to which the displaced
person is entitled and has verified that the
displaced person occupies a decent, safe and
of Rental
Replacement
Housing
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sanitary replacement dwelling, payment shall be
made to the displaced person. The initial
payment shall be made in a lump sum, unless the
person requests disbursement on another basis.
If the displaced person requests such in writing,
the Agency shall make arrangements for payment in
annual or more frequent installments.
6. 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 a replacement housing payment, 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 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 may rebut this
presumption 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.
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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.
7. Proration of Payment
For the purpose of calculating an alternate payment
under Section 303, or a replacement housing payment
under Sections 304 or 305, 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 reasonable prorata share (as determined by
the 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 replacement
housing payment otherwise payable. The owner -
occupant shall not be required to share the payment
to which he is entitled or to accept a prorated
amount.
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IV. (400) RELOCATION PAYMENTS TO THE DISPLACED BUSINESSES
The Agency shall compensate the owner of a displaced business
for eligible expenses described in Sections 401, 402, 403,
and 404, or in Section 405. In the event that a displaced
business is represented by a third party consultant, the
displaced business must provide the Agency with written
authorization to direct all communications with said third
party consultant, and further claimant must assume the
responsibility of obtaining all pertinent information from
the third party consultant and relieve the Agency from any
and all liability arising from the consultant's failure to
communicate with the displaced business.
A. (401) ACTUAL REASONABLE MOVING EXPENSES
1. Allowable Moving Expenses
An owner of a displaced business shall be compensated
for the expenses incurred, and to be determined in
advance, in moving the personal property of the
displaced business a distance within 50 road miles
measured from the point from which the move was made
to the point of relocation. Such moving expenses
shall include:
a. Transportation of the personal property of the
displaced business from the acquired site to the
replacement site.
b. Packing and unpacking, crating and uncrating of
such personal property.
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c. Storage of such personal property for a
reasonable period, not to exceed twelve (12)
months, in the event the Agency determines that
such storage is necessary in connection with
relocation.
d. Moving of personal property from storage,
providing that a permanent relocation site has
been secured within a reasonable period, not to
exceed twelve (12) months and that prior written
Agency approval has been obtained.
e. Insurance premiums covering the reasonable
replacement value of personal property for loss
and damage while in storage or transit.
f. The reasonable replacement value of property
lost, stolen or damaged in the process of moving,
where insurance to cover such loss or damage is
not available; provided that such loss, theft, or
damage is not due to the fault or negligence of
the displaced business or its agents or
employees.
g. Disconnection, disassembly, removal, reconnec-
tion, reinstallation, reassembly, and
reestablishment of machinery, equipment, and
other items of personal property not acquired as
real property, including connection charges, (but
excluding deposits), imposed by public utilities
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for starting utility service. All expenses must
be determined in advance of any work being done
by obtaining three bids from reliable sources as
approved by the Agency. Failure to follow this
procedure may result in forfeiture or limitation
of eligible payments.
h. 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; provided, however, that such payment
shall not include the cost of any legal or
consultant fees necessary to obtain such a
license, permit or certification.
i. The reasonable cost of obtaining a Conditional
Use Permit for the replacement site, subject to
the Agency's review and discretion. (This
expense is not included in Subparagraph h above.)
The reasonable cost of consultants including
architects, attorneys and engineers, or others
deemed necessary to provide general or
specialized services necessary for planning the
move of personal property, moving the personal
property, or installing the relocated personal
property at the replacement location. For
purposes of this paragraph, and in order to avoid
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duplication of payment, all such services shall
not be deemed necessary when they have been
provided or will be provided by the Agency or its
consultants. The necessity of services not
provided by the Agency shall be determined by the
Agency.
above
Eligibility for payment for any of the
necessary services must be approved in
writing by the Executive Director of the Agency
or his designee, prior to their employment.
Information on the area of expertise and the
qualifications of such consultants must be
provided for Agency review and a reasonable
hourly rate or fee must be approved by the
Executive Director of the Agency or his designee,
before any costs are incurred. Otherwise such
services are not reimbursable. An itemized
statement of all necessary services shall be
provided to the Agency stating the dates of such
services rendered, the location where services
were provided, and the name, address, and
telephone number of the person or firm providing
the services.
k. Relettering signs and printing replacement
stationery on hand at the time of displacement
that are made obsolete as a result of the move.
2. Limitations
The amount permitted to be paid for actual moving
expenses for personal property of a displaced
business shall be limited by the following
considerations:
a. In the event that a displaced business requests
eligibility to perform a self -move, the amount of
payment to be allowed pursuant to Section 401
shall not exceed the estimated cost of moving
commercially. The self -move request must be
approved in advance, in writing, and must be
accompanied by a statement releasing the Agency
from any and all liability in connection with the
self -move. The estimated cost of moving
commercially shall be based on the lowest
responsible bid or estimate from at least two
reputable moving firms submitted by the owner of
the displaced business to the Agency at least 15
days prior to the move. The estimated cost of
moving commercially shall include the cost (if
any) of obtaining such bids or estimates. The
amount to be paid shall be agreed upon in writing
in advance of the move. When a claimant is
represented by a consultant, the above
requirements still apply. Payment shall be made
by the Agency upon presentation of the paid,
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receipted and itemized bill after the claimant
has moved from the premises. If this presents a
financial hardship on the displaced business, the
Agency may pay the mover directly upon
presentation of an itemized bill after the
displaced business has moved from the premises.
b. In the event personal property of a displaced
business to be moved is of low value and high
bulk, or the cost of moving would be
disproportionate in relation to the value, as
determined by the Executive Director of the
Agency or his designee, the payments made
pursuant to Sections 401 and 403 shall not
exceed the difference between the amount which
would have been received for such item on
liquidation and the cost of replacing the same
with a comparable item available on the market.
This limitation is specifically applicable in the
case of moving of junkyards, stockpiled sand,
gravel, minerals, metals and similar items of
personal property.
c. In the event the cost of moving or relocating an
outdoor advertising display is determined by the
Executive Director of the Agency or his designee,
to be equal to or in excess of its in -place
value, the Agency may elect to acquire such
display as a part of the real property. In this
case payment for such acquisition shall be
considered final and no other payment for the
display shall be made.
d. An eligible business may request written
permission of the Agency to sell trade fixtures
and equipment which are identified as attached to
the real property, and buy them back at salvage
value to receive compensation based upon the
value in place less the salvage value. The
Agency may consider making such a payment if it
is deemed appropriate to protect the public
interest in providing a cost effective relocation
program. This type of payment is subject to a
case by case evaluation, at the discretion of the
Agency. An eligible claimant shall be required
to sign a waiver document to absolve the Agency
from all risk and liability in regard to the
salvaged items, and be solely responsible for all
costs related to the removal of the items from
the acquired property.
No salvage operations shall be permitted solely
for the purpose of resale to a third party.
3. Nonallowable Moving Expenses and Losses
In no instance shall an owner of a displaced business
be compensated for the following:
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a. Additional operating expenses incurred because of
conducting business in a new location.
b. Cost of moving structures or other real property
improvements (exclusive of fixtures and
equipment) in which the owner of the displaced
business reserved ownership, or purchased from
the Agency, except as otherwise provided by law.
c. Improvements to the replacement business site,
provided, however, that the Agency may compensate
a displaced business for any addition,
improvement, alteration or other physical change
required by law or ordinance or which the Agency
determines is necessary to the reestablishment of
the displaced business.
d. Interest on loans to cover moving expenses.
e. Loss of good will.
f. Loss of profits.
g. Loss of trained employees.
h. Personal injury.
i. Any legal fee or other cost of preparing the
application for moving and related expenses or
for representing the claimant before the Agency.
j. Costs for storage of personal property on real
property already owned or leased by the owner of
the displaced business.
B (402) EXPENSES IN SEARCHING FOR A REPLACEMENT SITE FOR
THE DISPLACED BUSINESS
An owner of a displaced business shall be compensated for
the actual and reasonable expenses incurred in searching
for a replacement site for the displaced business. The
total amount of the payment by the Agency for such
expenses in searching for a replacement site for the
displaced business shall not exceed One Thousand Dollars
($1,000.00). All claims for reimbursement under this
section must be documented to the Agency's satisfaction.
Expenses which qualify for reimbursement pursuant to this
Section 402 may include:
1. The actual expense of transportation, meals, and
lodging away from home.
2. The expense attributable to the time spent in
searching for a replacement site computed on the
hourly wage rate of the salary or earnings of the
owner of the displaced business or his representative
or employee, but not to exceed $10.00 per hour.
3. Fees paid to a real estate broker to locate a
replacement site for the displaced business,
exclusive of any fees or commissions related to the
purchase of such site.
All expenses claimed except value of time actually spent
in search must be supported by receipted bills. Payment
for time spent in search shall be made on the basis of a
certified statement submitted by the claimant.
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C. (403) ACTUAL DIRECT LOSSES OF TANGIBLE PERSONAL PROPERTY
OF THE DISPLACED BUSINESS
An owner of a displaced business shall be compensated for
the actual direct loss of tangible personal property of
the displaced business attributable to relocating or
discontinuing the displaced business. The total amount
of the payment by the Agency for such direct loss of
personal property of the displaced business shall not
exceed an amount equal to the reasonable expenses that
would have been required to move such personal property
within 50 road miles of the old location, as determined
by the Executive Director of the Agency or his designee.
Subject to said limitation, the actual direct loss of
personal property shall be computed and based on an
appraisal obtained by either the Agency or the owner of
the displaced business (and approved by the other) of
either:
1. The in -use value of the personal property minus the
net proceeds received from the sale of such personal
property (as approved by the Agency prior to
undertaking a sale of the items); or
2. The in -use value of the personal property in the
event the property cannot be sold and is abandoned
and is not promptly replaced with a comparable item
of property, subject to Agency review and authoriza-
tion.
The cost of removal of the personal property which is
sold or abandoned shall not be considered as an
offsetting charge in determining the amount of the
actual direct loss of such personal property.
In order to obtain a payment for the actual direct
loss of an item of personal property, the owner of
the displaced business shall make a bona fide effort
to sell the item of personal property for which the
loss is claimed at the highest price offered after
reasonable efforts have been made over a reasonable
period of time to interest prospective purchasers.
If the net proceeds from the sale are less than the
in -use value, the difference between the net proceeds
and the in -use values shall be the amount of actual
direct loss of the item of tangible personal
property.
D. (404) BUSINESS REESTABLISHMENT PAYMENT
An owner of a small business (as defined in Paragraph D
of Section 104) who chooses to move his business and not
elect to receive a Payment In Lieu of Moving and Related
Expenses as described in Section 405 below, may be
eligible to receive an additional payment, not to exceed
$10,000, for expenses actually incurred in relocating and
reestablishing such small business, farm, or nonprofit
organization at a replacement site. Payment under this
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Section 404 is subject to Agency evaluation, on a case by
case basis.
1. Eligible Expenses
Reestablishment expenses must be reasonable and
necessary, as determined by the Agency. The
following general categories of entitlements are
available for consideration:
a. Modifications to the replacement property to
accommodate the business operation or make
replacement structures suitable for conducting
the business.
b. Construction and installation costs for exterior
signage to advertise the business.
c. Redecorating or replacement of soiled or worn
surfaces at the replacement site, such as paint,
panelling, or carpeting.
d. Advertisement of replacement location.
e. Increased rental or purchase costs incurred doing
business during the first two years at the
replacement site, but not to exceed $5,000. In
general, for those who choose to rent, the
payment is based upon the lesser of the
replacement site rent or comparable rent, minus
the greater of the base monthly rent of the
acquired site or economic rent, times 24 months.
For those who choose to purchase, the payment is
based upon the difference between the comparable
or actual replacement site rental cost (prorated
to reflect the space occupied at the displacement
site) minus the economic rent of the acquired
site, times 24 months.
The payment shall not exceed $5,000 and is
contingent upon the business providing proof of
occupancy at the replacement site for a minimum
of 12 months.
f. Other items which may be approved by the Agency,
evaluated on a case by case basis, which are
deemed legitimate and reasonable expenses, and
directly related to the involuntary displacement
and the reestablishment of the business.
In no event shall total costs payable under this
section exceed the $10,000 statutory maximum.
2. Ineligible 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, filing cabinets, machinery, or trade
fixtures.
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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 refurbishments at the
replacement site which are for aesthetic
purposes, except as provided in paragraph lc of
this section.
d. Interest on money borrowed to make the move or
purchase the replacement property.
e. Payment to a part -time business in the home which
does not contribute materially to the household
income.
E. (405) PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES
Any owner who moves or discontinues his business and who
elects to accept the payment authorized by this Section
405 in lieu of the payments authorized by Sections 401
through 404 shall receive a fixed relocation payment in
an amount equal to the "average annual net earnings" of
the business. If a business has no net earnings or has
suffered losses during the period used to compute the
"average annual net earnings ", it may, nevertheless,
receive the $1,000 minimum payment described in Paragraph
2 of Section 405 provided that the Agency determines that
such business is, in fact, a bona fide business and meets
all of the following eligibility requirements.
1. Eligibility
To be eligible for the payment authorized by Section
405, the owner of the displaced business shall make
available to the Agency its state income tax and
sales records, and /or its financial statements and
accounting records, for confidential use by the
Agency to determine the amount of the payment.
No payment shall be made under Section 405, unless
the Agency determines that (1) the business cannot be
relocated without a substantial loss of its existing
patronage and (2) that the business is not a part of
a commercial enterprise having at least one other
establishment not being acquired by the Agency, which
is engaged in the same or similar business.
Additionally, to be eligible for this payment, the
business must contribute materially to the income of
the displaced owner. A part -time individual or
family occupation in the home which does not
contribute materially to the income of the displaced
owner is not eligible for this payment.
The determination of the loss of existing patronage
shall be made by the Executive Director of the Agency
or his designee, only after consideration of all
pertinent circumstances, including but not limited to
the following factors:
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a. The type of business conducted by the displaced
business.
b. The nature of the clientele of the displaced
business.
In connection with the relocation of a nonprofit
organization, the use of the term "patronage"
shall refer to the persons, community, or
clientele served or affected by the activities of
the nonprofit organization.
determining whether the displaced business is
a part of a similar business enterprise having at
least one other establishment not being acquired,
or in determining whether two or more displaced
legal entities constitute a single business which
is entitled to only one fixed payment, the Agency
shall consider the following factors:
(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 the 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;
and,
(4) The extent to which the same person or
closely related persons own, control or
manage the affairs of the entities.
An outdoor advertising display shall not be
entitled to the payment under Section 405, but
shall be limited to the payment of moving
expenses under Section 401, or the cost of the
value in place of said display, whichever is
less.
2. Amount of Payment
The payment made to an owner of a displaced business
pursuant to Section 405 shall be in an amount not
less than One Thousand Dollars ($1,000.00) nor more
than Twenty Thousand Dollars ($20,000.00).
Exception: The Agency has adopted a special policy
for displaced non - profit organizations. Any such
organization which establishes their eligibility
under the governing criteria will receive a fixed
payment of $2,500.00.
A person whose sole business at the displacement dwelling
is the rental of the property to others shall not qualify
for a payment under this Section 405.
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V. (500) MOBILE HOMES
A. (501) PURCHASE OF MOBILEHOMES
The Agency may purchase mobilehomes where:
1. The structural condition of the mobilehome is such
that it cannot be moved without substantial damage or
unreasonable cost; or,
2. The mobilehome is not considered to be a decent,
safe, and sanitary dwelling unit and such
deficiencies cannot be remedied at a reasonable cost.
B. (502) PARTIAL ACQUISITION OF MOBILEHOME PARK
Where the Agency determines that a sufficient portion of
a mobilehome park is taken to justify the operator of
such a park to move his business or go out of business,
the owners and occupants of the mobilehome dwellings not
within the actual taking, but who are forced to move,
shall be eligible to receive the same payments as though
their dwellings were within the actual taking.
C. (503) MOBILEHOMES AS REPLACEMENT DWELLINGS
A mobilehome may be considered a replacement dwelling
provided:
1. The mobilehome meets standards of decent, safe and
sanitary housing,
2. The mobilehome is placed in a fixed location:
a. In a mobilehome park which is licensed and
operating under State law; or
b. In a mobilehome subdivision wherein the displaced
person owns the lot on which the mobilehome is
placed; or,
c. On real property owned or leased by the displaced
person in other than a mobilehome subdivision,
provided such placement is in accordance with
state and local laws or ordinances, and provided
such placement was made under permit from the
state or local agency.
D. (504) COMPUTATION ON NEXT HIGHEST TYPE
When a comparable mobilehome is not available, it will be
necessary to calculate the replacement housing payment on
the basis of the next highest type of dwelling that is
available and meets the applicable requirements and
standards, i.e., a higher type mobilehome or a
conventional dwelling. "Not available" as used in this
Section includes, but is not limited to, those cases
where mobilehomes cannot be relocated in mobilehome parks
within a reasonable distance from the place of
dislocation because of lack of available spaces or
because of the standards and rules of the mobilehome
parks where spaces are available.
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E. (505) RELOCATION ELIGIBILITY AND PAYMENTS
The eligibility requirements and general provisions of
Section 300 are applicable to owners and tenants of
mobilehomes.
VI. (600) LAST RESORT HOUSING
A. (601) AUTHORIZATION; METHODS
If comparable replacement dwellings are not available to
tenants or homeowners who are displaced, and the Agency
determines that such housing cannot otherwise be made
available to them, the Agency may use funds authorized
for the project for which the real property, or interest
thereof, is being acquired to provide such housing.
The Agency may expend funds and take such other actions
as it deems necessary to provide, rehabilitate, or
construct last resort housing pursuant to an approved
plan for last resort housing through methods including
but not limited to the following:
1. Transfer of funds to state and local housing
agencies;
2. Contract with organizations experienced in the
development of housing;
3. Direct development, rehabilitation or construction by
the Agency;
4. Financing of development, rehabilitation or
construction by the Agency;
5. Provide payment of relocation benefits to tenants or
homeowners temporarily displaced due to
rehabilitation of housing, where said rehabilitation
is a result of the Agency's financing or direct
involvement;
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6. Provide housing subsidies as permitted by law.
Whenever practicable, the Agency shall use the services
of federal, state, or local housing agencies, or other
agencies having experience in the administration or
conduct of similar housing programs.
B. (602) NONDISCRIMINATION; AFFIRMATIVE ACTION
All contracts and subcontracts for the construction,
rehabilitation or management of last resort housing shall
be let without discrimination as to race, color,
religion, ancestry, national origin, sex, marital status
or other arbitrary circumstance and pursuant to an
affirmative action program. The 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
Agency shall seek to secure significant participation of
minorities in these activities. The 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.
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C. (603) CONFORMITY WITH STATUTES AND REGULATIONS
The provision of last resort housing by the Agency shall
be in accord with the provisions of Section 1 of the
Civil Rights Act of 1866, Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of 1968,
the Unruh Civil Rights Act, the California Fair Housing
Law, and the California Environmental Quality Act of
1970, and regulations issued pursuant thereto.
D. (604) MONITORING HOUSING PRODUCTION
The Agency shall monitor the production of the last
resort housing to ensure that it is in accordance with
the plan for last resort housing approved by the Agency.
E. (605) RETENTION OF BENEFITS UPON MOVE TO LAST RESORT
HOUSING
The 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 is displaced or the relocation
payments for which he may be eligible.
F. (606) LAST RESORT HOUSING PAYMENTS
If Last Resort Housing is to be provided by payments
above the maximum Replacement Housing Payment, (as
provided for in Section 300), these payments shall be
administered as follows:
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1. Payments to Tenants Who Rent:
In administering this payment to tenants who elect to
rent, the Agency will follow the criteria set forth
below:
a. In order to qualify for a Last Resort Housing
Payment the displacee must meet the criteria
established for eligibility for a Rental
Assistance Payment. No owner occupant or tenant
who elects to purchase a replacement dwelling
unit will be eligible for the Last Resort Housing
Program without the Agency's prior written
authorization.
b. The Last Resort Housing Payment will be computed
as follows:
(1) The amount of comparable housing (including
utilities) or the amount of actual
replacement housing, whichever is less, will
be used as the base rent figure.
(2) From this figure, 25% of the verified income
of the displaced family or person, or gross
project area rent (including utilities),
whichever is less, will be subtracted.
(3) The difference between items (1) and (2)
will be divided into $5,250, which will
result in the number of months the $5,250
Rental Assistance Payment subsidy would
last.
(4) The result of Step (3) will be subtracted
from 48 months, representing the Last Resort
Housing subsidy period.
(5) Twenty -five percent of the income, or gross
project rent, whichever is greater, will be
subtracted from the amount of comparable
housing (including utilities) or the amount
of actual replacement housing (including
utilities), whichever is less.
(6) This amount will then be multiplied by the
number of remaining months calculated in
Step (4) above, resulting in the total
amount of the Last Resort Housing Payment.
(7) If the displaced family or person has
refused to verify or disclose income, the
payment described in Section 300 will be
final and no Last Resort entitlement will be
available.
(8) If the balance of the computation outlined
in subparagraphs (3), (4), (5), and (6)
above exceeds $5,250, and if the claimant
remains eligible for Last Resort Housing
payments based on the criteria described in
(10) below, then Last Resort Housing
Payments will be made to the claimant
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subject to Agency review and discretion, on
a case by case basis, as follows:
(a) in a lump sum one year from the date of
displacement, or
(b) annually, in the amount of twelve 12
(months) times the amount calculated in
Step (5) above (the subsidy required
each month); or
(c) at some other interval.
(9) The first annual Last Resort Housing payment
will be made on the date determined by Step
(3) above (the date when the $5,250 Rental
Assistance Payment is used up) and annually
thereafter until the total amount of the
Last Resort Housing Payment [as calculated
in Step (6) above] is completely paid.
(10) At the time such annual payments are made,
the replacement housing will be inspected to
certify that it is decent, safe and
sanitary, as a condition of payment
eligibility.
(11) The Agency reserves the right to evaluate on
a case by case basis, and waive the
Replacement Housing Payment eligibility
requirements, to permit the authorization of
the Last Resort Housing Payment when the
Agency, at its sole discretion, determines
that such payment is justified.
2. Payments to Tenants Who Purchase:
Tenants who elect to purchase a replacement dwelling
are not eligible for a Last Resort Housing Payment.
3. Payments to Homeowners Who Purchase:
Homeowners who elect to repurchase a replacement
dwelling are not eligible for a Last Resort Housing
Payment.
However, the Agency reserves the right to authorize a
payment of last resort, at their discretion, on a case-
by-case basis. Such a determination will require the
Executive Director or his designee to authorize payment
if such payment is justified based upon Paragraph B of
Section 102.
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IIVII (700) APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW
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A. (701) NOTIFICATION OF CLAIMANT
In the event the Agency denies the eligibility of a
person who has made a claim for a relocation payment
under these Rules and Regulations, or disapproves the
full amount claimed, or refuses to consider the claim or
its merits on account of an untimely filing or any other
ground, the Agency shall, by written notice, inform the
person of its determination, the reasons therefor, and
the applicable procedures for obtaining review of the
determination.
B. (702) RIGHT OF REVIEW
Any person aggrieved by a determination as to eligibility
for, or the amount of, a payment under these Rules and
Regulations, may have his claim reviewed in accordance
with the procedures set forth below. Any person or class
of persons may seek review of any schedule with respect
to payment under these Rules and Regulations. The
procedures for review are as follows:
1. Review by Agency Designee
Any person or class of persons who has a right to
seek review as provided in this Section 702 may
request in writing that the Agency's authorized
designee review the matter with the person or persons
making this request.
Such designee must be someone
other than the person who made the initial decision,
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and must have the authority to revise the initial
determination of the claim. Any such person or class
of persons, upon request to the Agency, shall be
afforded the opportunity to make an oral presentation
and to discuss the subject claim or claims with the
Agency's designee. The Agency's designee (other than
the person making the initial decision) shall notify
such person or persons in writing of his decision,
after reviewing and considering all reasonably
available evidence. Said notification shall be made
within fifteen (15) days following the date on which
the matter was reviewed with the person or persons
making the request for review.
2. Review by Relocation Appeals Board
After review of the matter by the Agency's designee
and receipt of its decision, or in the event such
person or class of persons has not received
notification of the Agency designee's decision within
30 days after filing the initial request for review,
the person or class of persons may file a complaint
in writing with the Relocation Appeals Board
established by the City. The complaint must be filed
within six (6) months of the date on which the
aggrieved person or class of persons received (or
should have received) notification of the Agency's
decision. The Relocation Appeals Board will promptly
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hear all such complaints pursuant to rules and
regulations adopted by the Relocation Appeals Board,
and shall determine if the Agency has complied with
applicable provisions of the California Community
Redevelopment Law, the State Guidelines, the
Relocation Rules and Regulations contained herein,
and, where applicable, federal regulations. The
Relocation Appeals Board shall, after a public
hearing on the matter, transmit its findings and
recommendations to the Agency members.
3. Review by Agency Members
After a public hearing by the Relocation Appeals
Board, and receipt of its findings and
recommendations, the Agency members shall conduct a
hearing on the complaint, and shall give such person
or class of persons at least five (5) days written
notice prior to hearing the matter. The final
determination on review by the Agency members shall
include, but is not limited to: (a) the Agency
members' decision on reconsideration of the claim or
claims, and (b) the factual and legal basis upon
which its decision is based, including any pertinent
explanation or rationale. The aggrieved person or
class of persons shall be notified in writing of the
decision of the Agency members within five (5) days
after such decision, which decision shall be final.
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C. (703) REVIEW OF FILES
Except for confidential material, and except to the
extent specifically prohibited by law, the Agency shall
allow the aggrieved person or persons to inspect all
files and records bearing on the claim or complaint. The
Agency may, however, impose reasonable conditions on such
right to inspect its files and records.
D. (704) EFFECT OF DETERMINATION ON OTHER PERSONS
The principles established in all determinations by the
Agency shall be applied to all similar cases regardless
of whether or not a person has filed a written request
for review.
E. (705) CONSTRUCTION OF THESE RULES AND REGULATIONS
These Rules and Regulations shall be liberally construed
so as to fulfill the statutory purpose as declared in the
Relocation Assistance Law of "fair and equitable
treatment" in order that displaced persons "not suffer
disproportionate injuries as a result of programs
designed for the benefit of the public as a whole ".
F. (706) RIGHT TO COUNSEL
The claimant has a right to representation by legal or
other counsel at his own expense at any and all stages of
the proceedings set forth in Sections 701 through 703.
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G. (707) JUDICIAL REVIEW
Nothing in these Rules and Regulations shall in any way
preclude or limit a claimant from seeking judicial review
or receiving a fair and impartial consideration of his
claim on its merits upon exhaustion of such
administrative remedies as are available to him under
Section 702.
VIII. (800) REOUIREMENTS PRIOR TO DISPLACEMENT
A. (801) NINETY DAY NOTICE
To the greatest extent practicable, no person lawfully
occupying real property shall be required to move from
his dwelling (assuming a comparable dwelling will be
available) or to move his business, without at least 90
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days written notice from the Agency to vacate. After
delivery of a 90 -day notice to the person or business to
be displaced by the Agency, the parties may agree in
writing to a tenancy which permits a shorter notice than
90 days to terminate such tenancy and to require such
person to move. If the Agency permits such person or
business to remain on the real property acquired by the
Agency on a rental basis for a short term or for a period
subject to termination by the Agency on a 90 -day notice,
or shorter notice period, the amount of rent required
shall not exceed the fair market rental value of the
property to a short -term occupier.
B. (802) PRIOR DETERMINATIONS
The Agency will not proceed with any phase of a project
that results in displacement until it has determined
that:
1. Fair and reasonable relocation payments will be
provided to eligible persons as required by Sections
300 and 400 of these Rules and Regulations.
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2. A relocation assistance program offering the services
described in Section 200 of the Rules and Regulations
will be established.
3. Eligible persons will be adequately informed of the
assistance,
benefits, policies, practices and
procedures, including grievance procedures, provided
for in these Rules and Regulations.
4. Based upon recent survey and analysis of both the
housing needs of persons who will be displaced, and
available replacement housing and considering
competing demands for that housing, comparable
replacement dwellings, as defined in Paragraph 7 of
Section 104 will be available, or provided, if
necessary, within a reasonable period of time prior
to displacement sufficient in number and size for the
eligible persons who require them.
5. Adequate provisions have been made to provide
orderly, timely, and efficient relocation of eligible
persons to comparable replacement housing available
without regard to race, color, religion, sex, marital
status, or national origin with minimum hardship to
those affected.
6. A relocation plan meeting the requirements of Section
203 has been prepared.
C. (803) USE OF TEMPORARY HOUSING
Subject to the prior approval of the Executive Director
or his designee, a person to be displaced from a dwelling
by the Agency may be provided temporary housing which is
not comparable replacement housing as defined in Para-
graph 7 of Section 104 in the following circumstances:
1. In cases of emergency or where such person is subject
to economic hardship or conditions hazardous to his
health or safety; or
2. In extraordinary situations where, in the absence of
such temporary move, the progress of the program
would be substantially delayed if the following
conditions are satisfied:
a. Such temporary housing is decent, safe and
sanitary and within the financial means of such
person; and
b. The Executive Director or his designee determines
that within 12 months of the date of the
temporary move or such longer period as deemed
reasonable,
comparable replacement housing
meeting the criteria specified in Paragraph 7 of
Section 104 will be available for occupancy by
such displaced person; and,
The Agency shall continue to furnish to all
displaced persons provided temporary housing
under this Section 803, all relocation assistance
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required or eligible under Sections 200 and /or
300. Any displaced person provided temporary
housing under this Section 803 shall be entitled
to actual reasonable moving expenses into both
temporary and permanent housing, and may elect to
receive an alternate payment under Section 303 in
lieu of actual reasonable moving expenses.
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IX. (900) ACOUISITION POLICIES
The Agency and its consultants shall, to the greatest extent
practical, and consistent with the Plan for a Redevelopment
Project, be guided by the policies concerning acquisition of
real property set forth in Article 6 of the California
Relocation Assistance and Real Property Acquisition
Guidelines (California Administrative Code, Title 25, Chapter
6). In addition, the following practices and policies shall
be applicable:
A. (901) JUST COMPENSATION
Prior to the date of initiation of negotiations for the
acquisition of real property, the Agency or its designee
shall establish just compensation, which in no event
shall be less than the Agency's approved appraisal of the
fair market value of the property. This compensation
shall include recording fees, transfer taxes and other
similar expenses incidental to conveying such real
property to the Agency.
B. (902) INITIATION OF NEGOTIATIONS
1. Statement to be Furnished Owner
When negotiations for the acquisition of real
property are initiated, the owner shall be provided
with a written statement concerning the proposed
acquisition. This statement shall include, as a
minimum, the following:
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a. Identification of the real property and the
estate or interest therein to be acquired,
including the buildings, structures, and other
improvements on the land, as well as the fixtures
considered to be part of the real property; and
b. The amount of the estimated just compensation for
the property to be acquired, as determined by the
acquiring agency, and a statement of the basis
therefor. In the case of a partial taking,
damages, if any, to the remaining real property
shall be separately stated.
2. Offer to Purchase
The Agency shall make a prompt offer to purchase the
property (including those fixtures considered to be
part of the real property) for the amount contained
in the statement.
It is presumed that the fixtures included in the
offer are the property of the owner of the real
estate. A copy of the offer on the fixtures will
also be presented to any and all tenants who may
occupy the property.
C. (903) CONTRACTS TO PURCHASE REAL PROPERTY
Contracts or options to purchase real property may
incorporate provisions for making payments for relocation
costs and related items. Appraisers shall not give
consideration to or include in their appraisals any
allowance for these benefits. In the event of a
condemnation action, the estimated compensation shall be
determined solely on the basis of the appraisal value.
D. (904) IMPROVEMENTS PERTAINING TO THE REALTY
In the event the Agency purchases fixtures
from the owner or tenant of real property,
the owner of same, the "in place" value, as
an appraisal. Said purchase shall be
through a bulk sale escrow, unless waived
and equipment
it shall pay
determined by
accomplished
by the Agency
on a case by case basis, at their determination.
The Agency may, at its own discretion,
to repurchase
Agency's case
permit the owner
the fixtures and equipment, subject to the
by case evaluation and approval, by paying
the Agency a negotiated amount not less than the salvage
value. The repurchase shall be
handled through an
escrow. If the Agency permits, and an owner elects to
repurchase fixtures and equipment, the Agency shall not
be responsible for moving same and no relocation payments
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E. (905) SALVAGE RIGHTS TO REAL PROPERTY
The owner of a business located on property owned by the
Agency may be given the opportunity to salvage real
property improvements which were not included in the
fixture and equipment offer purchased by the Agency,
providing these improvements are to be demolished by the
Agency. In such case, no consideration will be required
of the owner. Such salvage shall be limited solely to
those portions of real property not included in the
fixture and equipment offer that will be utilized by the
business in its relocation. No salvage operations shall
be permitted solely for the purpose of resale to a third
party for profit.
F. (906) GUARANTEE OF RENTS
In addition to the purchase price paid for real property,
the Agency may enter into an agreement with an owner of
real property whereby the owner agrees not to rerent
property that may become vacant during the escrow period.
The Agency's consideration for the owner's agreement not
to rerent will be a guarantee of payment equal to rents
the owner would have received based on the last rents
paid by the previous tenant. On a case by case basis,
the Agency reserves the right to enter into such an
agreement prior to the opening of escrow.
G. (907) GUARANTEE OF PURCHASE PRICE
In the event that the improvements are damaged or
destroyed in part or in whole by flood, fire, earthquake,
or other acts of God, and such damage or destruction
occurs after the acceptance by the owner of the Agency's
offer to purchase the property, but prior to close of
escrow, and if this damage or destruction is not covered
by casualty insurance such as fire or property insurance,
then the sellers shall not be required to repair or
restore the subject improvements to their condition on
the date of the written offer by the Agency. If such
damage or destruction is covered by fire or property
insurance, the purchase price by the Agency shall be
limited to the difference between the purchase price and
the amount of recovery from such insurance coverage.
During the escrow period, the seller shall maintain
liability insurance, and the Agency shall have no
responsibility for costs, expenses, claims, judgments or
causes of action arising from or growing out of the
injury or death of any person as a result of the
condition, use or occupation of the subject property.
The above should not be construed as relieving sellers of
the responsibility for continued minor maintenance and
repair until the close of escrow.
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