HomeMy WebLinkAbout6144
RESOLUTION NO. 6144
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA,
ADOPTING REVISED RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND REAL PROPERTY ACQUISITION GUIDELINES
WHEREAS, the California Relocation Assistance Law, Government Code
Section 7260 et seq., and the Relocation Assistance and Real Property Acquisition
Guidelines adopted by the State Housing and Community Development Department,
Title 25, California Code of Regulations, Section 6000 et seq. have been revised by
passage of legislation in 1990 and 1998; and the promulgation of regulations
implementing this legislation in 1997, 199B and 1999; and
WHEREAS, the City Council wishes to establish its Rules and Regulations in
compliance with State Law and Guidelines; and
WHEREAS, the proposed revised Rules and Regulations have been prepared by
an experienced relocation consultant, Pacific Relocation Consultants, and reviewed by
the City Attorney, Best Best and Krieger, and by staff:
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOllOWS:
SECTION 1. The previous City of Arcadia Relocation Rules and Regulations adopted
by City Council Resolution 4687 and Regulations adopted by City Council Resolution
46B7 dated November 22,1977, are hereby rescinded and no longer in effect.
SECTION 2. The revised Guidelines, dated December 7,1999, attached, are hereby
adopted.
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SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 7th day of December 1999.
Ma r
City of Arcadia
ATTEST:
~J~~
. y Clerk "'-
City of Arcadia
APPROVED AS TO FORM:
,
~~~
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6144 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of December, 1999 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Harbicht, Kovacic, Marshall, Roncelli and Chandler
NOES: None
ABSENT: None
u,<"Af)
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City of Arcadia and
Arcadia Redevelopment Agency
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDELINES
DATE ADOPTED: December 7. 1999
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Prepared by Pacific Relocation Consultants, November] 999
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW AND
REAL PROPERTY ACQUISITION GUIDELINES
TABLE OF CONTENTS
I. [5 100] GENERAL
A. [5 101] purpose
B. [5 102] Authority
C. [~ 103] Effective Date; Applicability
D. [5 104] Extent of Relocation Payments
E. [5 105] Exemptions from Relocation Assistance Payments
F. [5 106) Priority of Federal Law and Federal Projects
G. [5 107) Severability
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II. [5 200] DEFINITIONS
A. [~ 201] Acquisition/Acquires
B. [~ 202] Adequate Replacement Dwelling
C. [5 203) Agency
D. [5 204] Appeals Board
E. [5 205] Appraisal
F. [5 206] Average Annual Net Earnings
G. [5 207] Average Monthly Income
H. [5 208] Base Monthly Rental Housing Costs
I. [5 209] Business
J. [5 210J City
K. [5 211] Comparable Replacement Dwelling
L. [5 212J Condominium
M. [5 213] Date of Acquisition
N. [5 214] Decent, Safe and Sanitary Housing
O. [5 215] Department
P. [5 216] Director
. Q. [5 217] Displaced Business
R. [5 218] Displaced Farm Operation
S. [~ 219] Displaced Person
T. [5 220] Displaced Resident
u. [5 221J Displacing Agency
v. [5 222] Dwelling
w. [5 223] Economic Rent
X. [5 224] Elderly Household
Y. [5 225] Family
Z. [5 226J Farm Operation
AA. [5 227] Federal Project
BB. [5 228] Gross Income
CC. [5 229] Handicapped Household
DD. [5 230] Initiation of Negotiations
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EE. (5 231] Last Resort Housing .
FF. [5 232) Manufactured Home or Mobile Home
GG. [5 233) Mortgage
HH. [5 234J Nonprofit Organization
II. [5 235] Ownership
JJ. [5 236] Person
KK. [5 237] Personal Property
LL. [5 238J Post-Acquisition Tenant
MM. [5 239] Prepaid Expenses
NN. [5 240] Public Use
00. [5 241] Small Business
PP. [5 242] Tenant
QQ. [5 243] Unlawful Occupancy
III. [5 300J RELOCATION ADVISORY ASSISTANCE
A. [5 301] Advisory Assistance to be Provided by the Displacing
B. [5 302J Information Program
1. [5 303) General Information .... . . . . . . .
2. (5 304] Personal Contact . . . . . . . . . . . . .
3. [5 305J Information Statement for Relocation Assistance
4. [5 306] Notice of Eligibility Status . . . . . . . .
5. [5 307] Language of Information Material . . . . . .
6. [5 308] Method of Delivery of Informational Material
C. [5 309] Determination of Relocation Needs . . . . . . .
1. [5 310] Interviews . . . . . . . . . . . . . . . . .
a. [. 311] Information to be Obtained from Residential
Owner Occupants or Tenants .........
b. [~ 312] Coordination with Other Agencies . . . . . .
c. [~ 313] Interview after Pe=son Moves Without Notice
2. [5 314] Relocation Records .
3. [. 315] Updating Information.
D. [5 316] Relocation Site Office . .
E. [~ 317] Contracting for Relocation Services
F. [~ 318] Coordination of Relocation Assistance
G. [5 319] Relocation Plans . . . . .
1. [. 320] Requirement Generally
2. [5 321] Contents of Plan . . .
3. [5 322] Review of Relocation Plan
4. [5 323J Conformance to General Plan
5. [. 324] Update of Relocation plans .
H. [~ 325] Move to Substandard Dwelling Unit
I. [~ 326] Waiver of Requirement for Replacement Dwelling
Prior to Displacement ............
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Agency 16
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IV. [5 400] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS;
LAST RESORT HOUSING 27
A. [~ 401] Survey and Analysis of Available Comparable
Replacement Dwellings 27
1- [. 402] Requirement Generally 27
2. [5 403) Determining Number of Comparable Replacement Dwellings 27
3. [5 404] Written Analysis 28
4. [5 405] Review of Survey Results 29
5. [~ 406] Referrals of Replacement Dwellings 29
B. [5 407] Determination of Need for Last Resort Housing;
Replacement Housing Plan .... 29
1. [5 408) Replacement Housing Plan . 29
2. [5 409J Replacement Housing Committee 30
3. [~ 410) Submission of Plan for Comment 31
4. [~ 411] Determination by Displacing Public Entity of
Feasibility and Compliance .......... 31
5. [5 412] Implementation of the Replacement Housing Plan 32
6. [~ 413] Last Resort Housing Alternatives . . . . 32
7. [~ 414] Nondiscrimination ............. 33
8. [~ 415] Conformity with Statutes and Regulations . . 33
9. [5 416] Conformity with Federal Program Requirements 33
10. [5 417] Monitoring Housing Production . . . . . 33
11. [5 418] Retention of Benefits Upon Move to Last Resort Housing 34
12. [5 419] Post-Acquisition Tenants 34
v. [5 500] TEMPORARY RELOCATIONS . . . . . .
A. [~ 501] Temporary Replacement Housing
B. [~ 502] Payments and Assistance for Short-Term Relocation
of Tenants in Rental Rehabilitation Projects
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VI. [5 600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS 37
A. [~ 601] Payments Required . . . . . 37
B. [. 602] Actual Reasonable Moving Expenses 37
C. [~ 603) Alternate Payments . . . . . 38
D. [~ 604] Replacement Housing Payments for Displaced Homeowners 38
1. [~ 605] Amount of Payment 38
2. [~ 606] Eligibility ..... ........... 38
3. [~ 607] Computation of Replacement Housing Payment . . ., 39
a. [5 608] Reasonable Cost of Comparable Replacement Dwelling 39
b. [5 609] Increased Interest Cost ..... 40
c. [~ 610) Expense Incidental to the Purchase
of the Replacement Dwelling 41
4. [5 611] Multi-Family Dwelling ..... 41
5. [5 612] Homeowner Retention of Dwelling 41
6. [~ 613] Lease of Condominium. . 42
E. [5 614] Replacement Housing Payments for Tenants and Certain Others 42
1. [5 615] Amount of Payment 42
2. [~ 616] Eligibility . . . . . . 42
3. [5 617] Computation of Replacement Housing Payment 43
a. [~ 618] Rent Differential Payment 43
b. [5 619] Downpayment ....... 44
4. [5 620] Rental Payments for Displaced Homeowners and Dependents 45
a. [~ 621] Homeowners . . . . . . . . . . . .. .... 45
b. [~ 622] Dependents . . . . . . . . . . . .. .... 45
F. [~ 623] Payments to Residents Displaced from Manufactured Homes
and Mobile Homes . . . . . . . . . . . . . .. 45
1. [5 624] Payments Required .... . . . . . .. 45
2. [5 625] Moving Expenses: Retention and Move of Manufactured Home
or Mobile Home . . . . . . . 45
3. [~ 626] Replacement Housing Payments 46
G. [~ 627] Proration of Payments 47
H. [5 628] Payment After Death 47
I. [5 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES
A. [~ 701] Payments Required .........
3. [~ 702] Moving Expenses . . . . . . . . .
1. [5 703) Actual Reasonable Moving Expenses
2. [5 704] Actual Direct Loss of Tangible Personal Property
3. [~ 705] Actual Reasonable Expenses in Searching
for a Replacement Business . . . . . . .
C. [. 706] Actual Reasonable Expenses To Reestablish
A Small Business or Nonprofit Organization
D. [~ 707] Business Supplement Payment
1. [~ 708] Eligibility .. . . . . .
2. [5 709] Eligible Expenses ....
3. [~ 710] Conditions and Limitations
4. [5 711] Bid and Payment Procedures
5. [5 712] Limitations ......
F. [5 713] Alternate Payment . . . . . .
1. [5 714] Determination of Payments
a. [~ 715] Amount of Payment
b. [5 716) Determination of Number of Businesses
2. [5 717] Eligibility . . . . . . . .
a. [5 718] Business . . . . . . . .
b. [5 7l9] Nonprofit organizations
3. [~ 720] Loss of Goodwill .
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VIII. [~ 800]
A. [~ 801]
B. [~ 802]
c. [5 803]
CITIZEN PARTICIPATION
General Requirements .
Relocation Committee .
Replacement Housing Committee
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IX. [5 900] CLAIM AND PAYMENT PROCEDURES,
TERMINATION OF RELOCATION ASSISTANCE 63
A. (5 901] Filing of Claims 63
B. [. 902] Documentation in Support of Claim 63
1. [~ 903] Moving Expenses 63
a. [~ 904] Commercial Moves 63
b. [~ 905] Self-Moves 63
c. [~ 906] Exemption from Public Utilities Cornmission
Regulations 63
2. [5 907] Loss of Property 64
3. [~ 908] ?roof of Earnings 64
C. [~ 909] Payment of Moving Expenses 64
l. [5 910] Advance Payment 64
2. [5 911] Direct Payment 64
3. [~ 912] Methods Not Exclusive 64
D. [5 913] Payments for Replacement Dwellings 65
1. [5 914) Payment for Purchase of Comparable Replacement Dwelling 65
a. [~ 915] Disbursement 65
b. [5 916J Provisional Payment Pending Condemnation 65
c. [5 917) Certificate of Eligibility 65
2. [5 918] Rent Differential Payments 65
E. [5 919] Tennination of Relocation Assistance 66
x. [5 1000] GRIEVANCE PROCEDURES
A. [5 1001] Purpose . . . . .
B. [5 1002] Right of Review .
C. [~ 1003] Request for Further Written Information
D. [5 1004] Informal Oral Presentation . . . . . .
E. [~ 1005] Written Request for Review and Reconsideration
F. [~ 1006] Formal Review and Reconsideration by
Displacing Agency Director
G. [5 1007] Appeals Board Review . . . .
H. [5 1008] Determination by City Councilor Agency Board
I. [~ 1009] Time Limits . . . . . . . .
J. [~ 1010] Review of Files By Claimant
K. [~ 1011] Effect of Determination
L. [5 1012] Right to Counsel
M. [~ 1013] Further Review
N. [~ 1014J Joint Complainants
O. [~ 1015] Judicial Review . .
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XI. [5 1100] ACQUISITION PROCEDURES 73
A. [5 1101] Acquisition of Property by Negotiation 73
B. [5 1102] Appraisal of Property . . . . . 73
C. [~ 1103] Notice of Decision to Appraise 73
1. [5 1104] Contents of Notice .... 73
2. [5 1105] Information Statement: Property Acquisition Procedures 74
D. [~ 1106] Prior to Making an Offer to Purchase 75
1. [~ 1107] Record Title . . . . . . 75
2. [~ 1108] Occupants . . . . . . . . . . 75
3. [~ 1109] Notices to Contact Owner 75
4. [~ 1110] Identity and Address of Owner 76
E. [5 1111] Establishment of Just Compensation 76
F. [5 1112] Uneconomic Remnant; Donation of Property 77
G. [~ 1113J Initiation of Negotiations .. . . 77
1. [5 1114] written Offer . . . . . . . . . 77
2. [5 1115] Statement of the Basis of Just Compensation 78
H. [~ 1116] Right to Obtain Payment . . 79
I. [. 1117] Loss of Goodwill . . . . . 79
J. [5 1118] Compensation for Loss of Goodwill 80
1. [~ 1119] Compensation Generally 80
2. [5 1120] Notice of Intent to Claim Loss of Goodwill 80
3. [5 1121] Conference to Discuss Eligibility to Receive
Compensation for Loss of Goodwill . . . . . . 81
4. [5 1122] Business Records; Authorization to Negotiate 81
5. [5 1123] Calculation of Net Amount of Just Compensation for
Loss of Goodwill for Negotiation Purposes 81
6. [~ 1124] Notice to Owner; Written Offer 81
7. [5 1125] Eminent Domain .. . . . . . 82
K. [5 1126] Negotiations; Eminent Domain 82
L. [5 1127J Notice of Decision Not to Acquire 83
M. [5 1128] Incidental Expenses . . . . . . . 83
N. [5 1129] Purchase Price as Public Information 83
O. [5 1130] Service of Notice . . . . . 83
XII. [5 1200] PROPERTY MANAGEMENT PRACTICES
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A. [5 1201) Short Term Rental 84
3. [~ 1202] Notice to Vacat.e 84
C. [~ 1203) Eviction 84
D. [~ 1204] Status of Post-Acquisition Tenants 85
1. [5 1205] Notice of Status 85
2. [~ 1206] Notice to Vacate 85
3. [5 1207] Eligibility for Relocation Assistance and Payments 85
4. [5 120S] Move from Permanent Housing 86
EXHIBIT "AN - Model Relocation Plan
EXHIBIT "BN - Sample Business Payment Calculation
EXHIBIT UC" - Relocation Assistance Appeal Complaint Form
RULES AND REGULATIONS
FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDELINES
1. Is 100] GENERAL
A. [s 101] Purpose
The purpose of these Rules and Regulations is to implement the California Relocation
Assistance Law, Government Code, (S)7260, et seq. (the "Act") and the Relocation Assistance
and Real Property Acquisition Guidelines adopted by the Department of Housing and
Community Development, Title 25, California Code of Regulations, S6000 et. seq. (the
"Guidelines").
The Rules and Regulations are designed to carry out the policies of the Act and Guidelines with
respect to activities of the City of Arcadia (the "City") and the Arcadia Redevelopment Agency
(the "Agency"). For the purposes of these Rules and Regulations, the term "Displacing Agency",
individually or collectively, shall mean the City or Agency, as may be applicable.
B. [S 102] Authority
These Rules and Regulations have been adopted by resolution of the Displacing Agency
pursuant to S7267.8(a) of the California Government Code, and are in conformity with the Act and
Guidelines.
c. [S 103] Effective Date; Applicability
The effective date of these Rules and Regulations shall be the date of their adoption by the
Displacing Agency. These Rules and Regulations supersede all other Rules and Regulations for
Relocation previously adopted by the Displacing Agency provided, however, that these Rules and
Regulations shall not be construed to apply retroactively to actions undertaken by the Displacing
Agency prior to their adoption.
In the event there are conflicts between these Ru]es and Regulations and applicable state and
federal laws or regulations, the applicable state or federal laws or regulations shall control and these
Rules and Regulations shall be deemed amended accordingly.
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Nothing in these Rules and Regulations shall require, or be construed to require the Displacing
Agency to provide any relocation or other assistance, payments, or benefits, or to provide any
notices, or to follow any procedures, beyond that required by the Act or Guidelines. No greater
rights or obligations beyond those set forth in the Act and Guidelines are created or conferred by
these Rules and Regulations.
D. [91041 Extent of Relocation Payments
The Displacing Agency shall provide relocation assistance and shall make all of the relocation
payments required by law, including such assistance required by federal law where the making of
such payments for projects financed by the federal government. In addition, the Displacing Agency
may, in its sole and absolute discretion, and without establishing any precedent, make any additional
relocation payments which in the Displacing Agency's opinion may be reasonably necessary under
the circumstances of the particular case to carry out the purposes of a project. Such payments shall
be subject to the availability of funds for such purposes; provided, however, that even if such funds
are available, the Displacing Agency shall be under no obligation to provide additional assistance
or payments unless it determines otheJWise in its sole and absolute discretion.
E. [9105] Exemptions from Relocation Assistance Payments
The requirement to provide relocation assistance and benefits shall not apply to a purchase of
real property which is offered for sale by the owner, property being sold at execution or foreclosure
sale, property being sold pursuant to court order or under court supervision, or purchases to which
97267.2 of the Act is not applicable. "Offered for sale" means directly offered by the landowner to
the Displacing Agency for a specified price in advance of negotiations by the Displacing Agency,
and/or offered for sale to the general public at an advertised or published specific price set no more
than six months prior to, and still available at the time the Displacing Agency initiates contact with
the owner regarding the public entity's possible acquisition of the property.
F. [9106] Priority of Federal Law and Federal Projects
If the Displacing Agency engages in an acquisition with federal financial assistance that results
in a relocation of a Displaced Person, the Displacing Agency shall make relocation assistance
payments and provide relocation advisory assistance as required under the applicable federal law.
G. [91071 Severability
If any provision of these Rules and Regulations or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
Rules and Regulations which can be given effect without the invalid provision or application, and
to this end, the provisions of the Rules and Regulations are severable.
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II. Is 200] DEFINITIONS
A. Is 201] Acquisition/Acquires
"Acquisition" or "acquires" means obtaining ownership or possession of real property by
purchase, eminent domain, or any other lawful means.
B. Is 202] Adequate Replacement Dwelling
"Adequate replacement dwelling" means a dwelling that meets all of the criteria for a
comparable replacement dwelling, except with respect to the number of rooms, amount of habitable
living space, and type of construction. The dwelling need be only adequate, not comparable.
c. Is 203] Agency
"Agency" means the Arcadia Redevelopment Agency organized and existing under the Law of
the State of California, and any Agency personnel or consultants, who may be assigned the duties
and responsibilities for implementing the Act and Guidelines pursuant to these Rules and
Regulations.
D. Is 204] Appeals Board
"Appeals Board" means the Arcadia Relocation Appeals Board. The Appeals Board is
constituted to hear appeals on complaints from a displaced person (as defined in 9219) who believes
he or she is aggrieved by an administrative determination by the Displacing Agency as to eligibility
for assistance or the amount of payment relating to relocation resulting from any displacement
activity undertaken by the Displacing Agency.
The Appeals Board shall be constituted and administered pursuant to the California Community
Redevelopment Law, Health and Safety Code, 933417.5, which provides that there shall be five
members of the Appeals Board who shall be appointed by the Mayor, subject to approval of the City
Council. The Executive Director of the Agency or his or her authorized designee shall be the
Secretary of the Appeals Board. The Secretary shall not be a member of the Appeals Board and shall
not vote or participate on any matter brought and heard before the Appeals Board.
E. Is 205] Appraisal
"Appraisal" means a written statement independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant market information.
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F. Is 206J A verage Annual Net Earnings
"A verage annual net earnings" means one-half of any net earnings of a business before federal,
state and local income taxes, during the two taxable years immediately preceding the taxable year
in which such business moves from the real property being acquired, or during such other two year
period as the Displacing Agency determines to be more equitable for establishing such earnings, and
includes any compensation paid by the business to the owner, owner's spouse or owner's dependents
during such period.
For the purpose of determining the average annual net earnings of the "owner," the term
"owner" as used herein includes the sole proprietor in a sole proprietorship, the principal panies in
a partnership, and the principal stockholders of a corporation, as determined by the Displacing
Agency. For purposes of determining a principal stockholder, stock held by a person, the person's
spouse and their dependent children will be treated as one unit.
G. [S 207) Average Monthly Income
For the purpose of determining Base Monthly Rental Housing Costs, "average monthly income"
means the displaced persons gross income (as defined in 9228) divided by twelve.
H. [S 208] Base Monthly Rental Housing Costs
"Base Monthly Rental Housing Costs" for an acquired dwelling is the lesser of the average
monthly housing cost (including utilities) for the three month period prior to the initiation of
negotiations or 30% of the displaced person's average gross monthly income. In case of an
owner-occupant or other person who does not pay rent, the Economic Rent (as defined 11223) is used
instead of the average month)y rental to calculate base monthly rental housing costs.
I. [S 209J Business
"Business" means any lawful activity, except a fann operation, provided such lawful activity
is not in an unlawful occupancy (as defined in 11243), conducted for any of the following:
1. Primarily for the purchase, sale, lease, or rental of personal and real property, and for
the manufacture, processing, or marketing of products, commodities or any other
personal property;
2. Primarily for the sale of services to the public;
3. Primarily by a nonprofit organization; or
4. Solely for the purpose of a moving expense payment (see 11702 of these Rules and
Regulations), for assisting in the purchase, sale, resale, manufacture, processing or
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marketing of products, commodities, personal propeny or services by the erection
and maintenance of an outdoor advertising display, whether or not such display is
located on the premises on which any of the above activities are conducted.
J. Is 210] City
"City" means the City of Arcadia organized and existing under the Law of the State of
California and any City personnel.
K. [s 211] Comparable Replacement Dwelling
"Comparable replacement dwelling" is a dwelling which satisfies all of the following standards:
1. Decent, safe and sanitary (as defined in S2l4), and comparable to the acquired
dwelling with respect to number of rooms, habitable living space and type and quality
of construction, but not lesser in rooms or living space than is necessary to
accommodate the displaced person. Comparability under this paragraph shall not
require strict adherence to a detailed feature-by-feature comparison. While a
comparable replacement dwelling need not possess every feature of the displacement
dwelling, the principal features shall be present.
2. In an area not subjected to unreasonable adverse environmental conditions from
either natural ormanmade sources, and not generally less desirable than the acquired
dwelling with respect to public utilities, public and commercial facilities and
neighborhood conditions, including schools and municipal services, and reasonably
accessible to the displaced person's present or potential place of employment;
provided that a potential place of employment may not be used to satisf'y the
accessibility requirement if the displaced person objects.
The Act, Guidelines, and these Rules and Regulations do not require that the
replacement dwelling be generally as desirable as the acquired dwelling with respect
to environmental characteristics. Though a displaced person does not have to accept
a dwelling subject to unreasonable adverse environmental conditions, neither is a
public entity required to duplicate environmental characteristics, such as scenic vistas
or proximity to the ocean, lakes, rivers, forests or other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be made to relocate
such person within or near to his existing neighborhood. Whenever practicable the
replacement dwelling shall be reasonably close to relatives, friends, services or
organizations with whom there is an existing dependency relationship.
3. Available on the private market to the displaced person and available to all persons
regardless of race, color, sex, marital status, religion, or national origin in a manner
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consistent with Title VIII of the Civil Rights Act of1968 or any other applicable state
or federal anti-discrimination law.
4. To the extent practicable and where consistent with Paragraph 1 of this section,
functionally equivalent and substantially the same as the acquired dwelling, but not
excluding newly constructed housing.
5. A replacement dwelling is within the financial means of a displaced person if the
monthly housing cost (including payments for mortgage, insurance and property
taxes) or rental cost (including utilities and other reasonable recurring expenses)
minus any replacement housing payment available to the person (as provided in ~604
and S6l4) does not exceed thirty percent (30%) of the person's average monthly
income (as defined in ~206 and ~228).
A replacement dwelling is within the financial means of a displaced person also if the
purchase price of the dwelling including related increased interest costs and other
reasonable expenses (as described in ~604) does not exceed the total of the amount
of just compensation provided for the dwelling acquired and the replacement housing
paym(:nt available to the person (as provided in S604).
If the dwelling which satisfies these standards is not available, the public entity may
consider a dwelling which exceeds them.
L. [~ 212] Condominium
"Condominium" means combination of co-ownership and ownership in severalty. It is an
arrangement under which persons in a housing development hold full title to a one-family dwelling
unit, including an undivided interest in common areas and facilities, and such restricted common
areas and facilities as may be designated.
M. [~ 213] Date of Acquisition
The date on which the deed or other conveyance to the real property being acquired by the
Displacing Agency is recorded in the office of the County Recorder, or the date on which the
Displacing Agency is entitled to possession of the real property pursuant to an order of the County
Superior Court in an eminent domain proceeding.
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N. [S 214] Decent, Safe and Sanitary Housing
A dwelling which meets with all the following minimum requirements. Exceptions may be
made by the Displacing Agency for unusual circumstances or in unique geographic areas.
1. Conforms with all applicable provisions for existing structures that have been
constructed under state or local building, plumbing, electrical, housing and
occupancy codes and similar ordinances or regulations.
2. Has a continuing and adequate supply of potable water.
3. Has a kitchen or an area set aside for kitchen use which contains a sink in good
working condition connected to hot and cold water and to an adequate sewage
system. The kitchen or kitchen area shall have utility service connections and
adequate space for the installation of a stove and a refrigerator.
4. Has an adequate heating system in good working order which will maintain a
minimum temperature of 70 degrees in all habitable rooms.
5. Has a bathroom, well-lit and ventilated and affording privacy to a person within it,
containing a lavatory basin and a bathtub or stall shower, properly connected to an
adequate supply of hot and cold running water, and a flush closet, all in good
working order and properly connected to a sewage disposal system.
6. Has an adequate and safe wiring system for lighting and other electrical seMces.
7. Is structurally sound, weather tight, in good repair and adequately maintained.
8. Has a safe unobstructed means of egress leading to safe open space at ground level
which conforms to building and fire codes.
9. Has at least one room which shall have not less than 150 square feet of floor area.
Other habitable rooms, except kitchens, shall have an area of not less than 70 square
feet. Where more than two persons occupy a room used for sleeping purposes, the
required floor area shall be increased at the rate of 50 square feet for each occupant
in excess of two. The floor space is to be subdivided into sufficient rooms to be
adequate for the family. All rooms must be adequately ventilated. Habitable floor
space is defined as that space used for sleeping, living, cooking, or dining purposes
and excludes such enclosed places as closets, pantries, bath or toilet rooms, service
rooms, connecting corridors, laundries and unfinished attics, foyers, storage spaces,
cellars, utility rooms and similar spaces.
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A decent, safe and sanitary sleeping room is one which includes the minimum requirements
contained in paragraphs I, 4, 5, 6, 7, and 8 above and at least 70 square feet of habitable floor space
for the first occupant and 50 square feet of habitable floor space for each additional occupant.
When the term "decent, safe and sanitary" is interpreted under local, state or federal law as
establishing a higher standard, the elements of that higher standard, which exceed the provisions of
this section, are in<:orporated herein. A unit which is occupied by no more than the maximum
nwnber of people allowed under the State Building Code shall be considered to be in compliance
with the occupancy provisions ofthis section.
A decent, safe, and sanitary mobile home is one which conforms to the minimum requirements
prescribed by state laws and rules and regulations promulgated pursuant thereto and bears the
insignia of approval issued by the State of California, Deparunent of Housing and Community
Development.
O. [S 215] Department
"Deparunent" means the California Deparunent of Housing and Community Development.
P. [S 216] Director
"Director" means that person in charge of the Displacing Agency that will be responsible for
the displacement of any individual, family, business, or non-profit organization for a public use.
Q. [S 217] Displaced Business
"Displaced business" means any business which qualifies as a displaced person under 9219
hereof.
R. [S 218] Displaced Farm Operation
"Displaced fann operation" means any fann operation which qualifies as a displaced person
under 9219 hereof.
S. [S 2191 Displaced Person
l. "Displaced Person" means both of the following:
a. Any person who moves from real property, or who moves his or her personal
property from real property, either:
(1) As a direct result of a written notice of intent to acquire by the Displacing
Agency or the acquisition of the real property, in whole or in part, for a
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program or project undertaken by the Displacing Agency or by any person
having an agreement with or acting on behalf of the Displacing Agency, or
as a result of a written order from the Displacing Agency to vacate the real
property; or
(1) As a direct result of the rehabilitation, demolition or other displacing
activity undertaken as the Displacing Agency may prescribe under a
program or project undertaken by the Displacing Agency, of real property
on which the person is a residential tenant or conducts a business or farm
operation, in any case in which the Displacing Agency determines that the
displacement is permanent. For purposes of this section, "residential
tenant" includes any occupant of a residential hotel unit, as defined in
subdivision (b) of 950669 of the California Health and Safety Code, and
any occupant of employee housing, as defined in S 17008 of the California
Health and Safety Code, but shall not include any person who has been
determined to be in unlawful occupancy of the displacement dwelling.
b. Solely for the purpose of Government Code S 7161 and S 7262, any person who
moves from real property, or moves his or her personal property from real
property, either:
(1) As a direct result of a written notice of intent to acquire or the acquisition
of other real property, in whole or in part, on which the person conducts a
business or fann operation, for a program or project undertaken by the
Displacing Agency.
(1) As direct result of the rehabilitation, demolition, or other displacing
activity as the Displacing Agency may prescribe under a program and
project undertaken by the Displacing Agency, of other real property on
which the person conducts a business or fann operation, in any case in
which the Displacing Agency determines that the displacement is
permanent.
1. The definition contained in this section shall be construed so that persons displaced
as a result of a Displacing Agency action, receive relocation benefits in cases where
they are displaced as a result of an owner participation agreement or an acquisition
carried out by a private person for or in connection with a public use where the
Displacing Agency is otherwise empowered to acquire the property to carry out the
public use. Except persons or families of low and moderate income, as defined in
S50093 of the Health and Safety Code, who are occupants of housing that was made
available to them on permanent basis by the Displacing Agency and who are required
to move from the housing, "displaced person" shall not include any of the following:
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(a) Any person who has been determined to be in unlawful occupancy of the
displacement dwellings.
(b) Any person whose right of possession at the time of moving arose after the
date ofthe Displacing Agency's acquisition of the real property.
(c) Any person who has occupied the real property for the purpose of
obtaining assistance under these Rules and Regulations.
(d) In any case in which the Displacing Agency acquires property for a
program or project (other than a person who was an occupant of the
property at the time it was acquired), any person who occupies the property
for a period subject to termination when the property is needed for the
. program or project.
3. A person residing in any rental project who is displaced from the project for a period
of one year or less as part of a rehabilitation of that project, that is funded in whole
or in part by the Displacing Agency, shall not be deemed a "displaced person" for
purposes of these Rules and Regulations. This section shall be applicable if all of the
following criteria are satisfied:
a. The project is a "qualified affordable housing preservation project," which
means any complex of two or more units whose o\vners enter into a recorded
regulatory agreement, having a term for the useful life of the project, with any
entity for the provision of project rehabilitation financing. For this purpose, the
regulatory agreement shall require the owner and all successors and assigns of
the owner, as long as the regulatory agreement is in effect, that at least forty-
nine (49) percent of the tenants in the project shall have, at the time of the
recordation of the regulatory agreement, incomes not in excess of sixty (60)
percent of the area median income, adjusted by household size, as determined
by the appropriate agency of the state. In addition, a project is a qualified
affordable housing preservation project only if the beneficiary of the regulatory
agreement elects this designation by so indicating on the regulatory agreement.
b. 'The resident is offered the right to return to his or her original unit, or a
comparable unit in the same complex if his or her original unit is not otherwise
available due to the rehabilitation, with rent for the first twelve (I2) months
subsequent to that rerum being the lower of the following: up to five (5) percent
higher than the rent at the time of displacement; or up to thirty (30) percent of
household income.
c. The estimated time of displacement is reasonable, and the temporary unit is not
unreasonably impacted by the effects of the construction, taking into
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consideration the ages and physical conditions of the members of the displaced
household.
d. All other financial benefits and services otherwise required under this chapter
are provided to the residents temporarily displaced from their units, including
relocation to a comparable replacement unit. Residents shall be temporarily
relocated to a unit within the same complex, or to a unit located reasonably near
the complex if that unit is in a location generally not less desirable than the
location of the displaced person's dwelling with respect to public utilities,
services, and the displaced person's place of employment.
T. l~ 220] Displaced Resident
"Displaced resident" means any individual or family occupant of a dwelling who qualifies
as a displaced person under 9219 hereof.
u. [~221] Displacing Agency
"Displacing Agency"means the City of Arcadia or Arcadia Redevelopment Agency, as
applicable, carrying out a program or project which causes a person to be a displaced person for a
public project.
v. [~ 222] Dwelling
"Dwelling" means the place of permanent or customary and usual abode ofa person, including
a single-family dwelling, a single-family unit in a two-family dwelling, multi-family or
multi-purpose dwelling, a unit of a condominium or cooperative housing project, a
non-housekeeping unit, a mobile home, a recreational vehicle as described in the Health and Safety
Code 918010, 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.
A second home shall be considered a dwelling only for the purpose of establishing eligibility
for payment for moving and related expenses under 9602 of these Rules and Regulations.
w. [~223l Economic Rent
"Economic rent" means the amount of rent a tenant or homeowner would have to pay for a
dwelling similar to the acquired dwelling in a comparable area
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x. l~ 2241 Elderly Household
"Elderly household" means a household in which the head of household or spouse is sixty-two
(62) years of age or older.
Y. l~ 2251 Family
"Family" means two or more individuals, one of whom is the head of household, plus all other
individuals who by blood, marriage, adoption or mutual consent live together as a family unit.
z. [~ 2261 Farm Operation
"Farm operation" means 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 these products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
A.A. [~ 227] Federal Project
"Federal project" means any project undertaken by a federal agency or any project receiving
federal financial assistance.
BB. [~ 228] Gross Income
"Gross income" means the total annual income of an individual, or where a family is displaced
total annual income of the parents or adult heads of household, less the following:
1. A deduction of $500.00 for each dependent in excess of three.
2. A deduction of ten percent (10%) of total income for an elderly or handicapped
household.
3. A deduction for recurring, extraordinary medical expenses, defined for this purpose
to mean medical expenses in excess of three percent (3 %) of total income, where not
compensated for or covered by insurance or other sources, such as public assistance
or tort recovery.
4. A deduction of reasonable amounts paid for the care of children or sick or
incapacitated family members when det=ined to be necessary to the employment
of the head of household or spouse, except that the amount deducted shall not exceed
the amount of income received by the person thus released.
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5. Gross income is divided by twelve to ascenain the average monthly income.
Relocation and propeny acquisition payments are not to be considered income for
determination of financial means.
cc. [~ 229] Handicapped Household
"Handicapped household" means a household in which any member is handicapped or disabled.
DO. [S 230] Initiation of Negotiations
"Initiation of negotiations" means the initial written offer to purchase made by the Displacing
Agency to the owner of the real propeny to be purchased, or to the owner's representative.
EE. [~231] Last Resort Housing
"Last Resort Housing" means comparable replacement dwellings provided by the Displacing
Agency with its funds or funds authorized for the project because existing comparable replacement
dwellings will not otherwise be available as needed.
FF. l~ 232] Manufactured Home or Mobile Home
"Manufactured Horne" or "Mobile Home" means a structure, as described in Health and Safety
Code s] 8007 and s] 8008, which is transportable in one or more sections, which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. A self-propelled vehicle is not a mobile home.
GG. [~ 233] Mortgage
"Mortgage" means classes of liens that are commonly given to secure advances on, or the
unpaid purchase price of, real propeny, together with the credit instruments, ifany, secured thereby.
HH. [~234] Nonprofit Organization
"Nonprofit organization" means a corporation, parmership, individual or other public or private
entity, engaged in a business, professional or institutional activity on anon-profit basis, necessitating
fixtures, equipment, stock in trade, or other tangible propeny for the canying on of the business,
profession or institutional activity on the premises.
II. [S 235) Ownership
"Ownership" means holding any of the following interests in a dwelling, or a contract to
purchase one of the first six (6) interests:
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I. A fee title:
2. A life estate;
3. A 50-year lease.
4. A lease with at least twenty (20) years to run from the date of acquisition of the
property;
5. A proprietary interest in a cooperative housing project which includes the right to
occupy a dwelling;
6. A proprietary interest in a manufactured home and mobile home;
7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests by devise, bequest,
inheritance or operation oflaw, the tenure of ownership, but not occupancy, of the succeeding owner
shall include the tenure of the preceding owner.
JJ. [~ 236] Person
"Person" means any individual, partnership, corporation, limited liability company, or
association.
KK. [~237] Pl,rsonal Property
"Personal property" means tangible property which is situated on real property vacated or to
be vacated by a displaced person and which is considered personal property and is non-compensable
(other than for moving expenses) under the state law.
In the case of a tenant, personal property includes fixtures and equipment, and other property
which may be characterized as real property under state or local law, but which the tenant may
lawfully and at his or her election determine to move, and for which the tenant is not compensated
in the real property acquisition.
In the case of an owner of real property, the determination as to whether an item of property is
personal or real shall depend upon how it is identified in the closing or settlement statement with
respect to the real property acquisition.
LL. [~ 238] Post-Acquisition Tenant
"Post-acquisition tenant" means a tenant who lav.fully commences to occupy property only after
the Displacing Agency acquires it or who lawfully occupies property after the private acquisition of
property by a person with a written agreement with the public entity for the purpose offinancing the
purchase or development of the property.
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MM. Is 2391 Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller of real property and pro-rated
between such seller and the buyer of such real property at the close of escrow including, but not
limited to, real property taxes, insurance, homeowners' association dues and assessment payment.
NN. [s 2401 Public Use
"Public use" means a use for which real property may be acquired by eminent domain.
00. Is 241] Small Business
"Small Business," as defined in Part 24 of Title 49 of The Code of Federal Regulations, means
a business having not more than 500 employees working at the site being acquired or displaced by
a program or project, which site is the location of economic activity. Sites occupied solely by
outdoor advertising signs, displays, or devices do not qualifY as a small business for purposes of
these Rules and Regulations.
PP. Is 242] Tenant
A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping
room, which is owned by another.
QQ. Is 243] Unlawful Occupancy
A person or business is considered to be in unlawful occupancy if, among other reasons: the
person or business has been ordered to move by a court of competent jurisdiction; or the person's
tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises,
and the termination was not undertaken for the purpose of evading relocation assistance obligations;
or the person is in violation of the lease orrentaJ agreement; or the person's occupancy is in violation
of applicable local, regionaL state, or federal ordinances, laws, or regulations.
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III. Is 300] RELOCA nON ADVISORY ASSISTANCE
A. [s 3011 Advisory Assistance to be Provided by the Displacing Agency
Programs or projects undertaken by the Displacing Agency shall be planned in a manner that
(i) recognizes, at an early stage in the planning of the programs or projects and before the
commencement of any actions which will cause displacements, the problems associated with the
displacement of individuals, families, businesses, and farm operations; and (ii) provides for the
resolution of these problems in order to minimize adverse impacts on displaced persons and to
expedite program or project advancement and completion. The Displacing Agency shall ensure the
relocation assistance advisory services described in this ~30 I are made available to all persons
displaced by the Displacing Agency.
In accordance with California Government Code ~ 7261 ( a), the Displacing Agency may provide
relocation advisory assistance (but not benefits, payments or other forms of assistance) if it
determines, in its sole discretion, that any person occupying property immediately adjacent to the
property where the displacing activity occurs is caused substantial economic injury as a result
thereof.
Notwithstanding ~2l9, in any case in which the Displacing Agency acquires property for a
program or project, any person who occupies the property on a rental basis for a short term
commencing after Displacing Agency acquisition or a period subject to termination when the
property is needed for the program or project, shall be eligible for advisory services but not benefits,
payments or other forms of assistance to the extent determined by the Displacing Agency in its sole
discreti on.
The relocation advisory assistance to be provided by the Displacing Agency shall include such
measures, facilities and/or services as may be necessary or appropriate in order to do all of the
following:
1. Fully inform eligible persons within 60 days of initiation of negotiations but no later
than the close of escrow on the property, as to the availability of relocation benefits
and assistance and the eligibility requirements therefore, as well as the procedures for
obtaining such benefits and assistance;
2. Detelmine and make timely recommendations on the needs and preferences, if any,
of displaced persons for relocation assistance;
3. Assure eligible displaced residents that within a reasonable period of time prior to
displacement, there will be available comparable replacement dwellings sufficient in
number and kind for and available to such eligible residents;
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4. Provide current and continuing information on the availability, sales prices, and
rentals of comparable sales and rental housing, and comparable commercial
properties and locations, and as to security deposits, closing costs, typical down
payments, interest rates and terms for residential property in the area;
5. Assist each eligible, displaqed person to complete applications for payments and
benefits;
6. Assure that, within a reasonable time period prior to displacement, to the extent that
it can be reasonably accomplished, there will be available in areas not generally less
desirable in regard to public utilities and public and commercial facilities, and at rents
or prices within the financial means of displaced families and other individuals,
decent, safe and sanitary dwellings, sufficient in number to meet the needs of, and
available to, those displaced persons requiring those dwellings and reasonably
accessible to their places of employment, except that, in the case of a federally
funded project, a waiver may be obtained from the federal govemment.
7. Assure that each eligible, displaced resident shall not be required to move from a
dwelling unit unless such person has had a reasonable opportunity to relocate to a
comparable replacement dwelling, except in the case of any of the following:
a. A major disaster as defined in S 1 02(2) of the federal Disaster Relief Act of
1974.
b. A state of emergency declared by the President or Governor.
c. Any other emergency which requires the person to move immediately from the
dwelling because continued occupancy of the dwelling by the person constitutes
a substantial danger to the health or safety of the person.
8. Assist each eligible, displaced business in obtaining and becoming established in a
suitable replacement location;
9. Provide services required to insure that the relocation process does not discriminate
on any basis that is in violation of applicable state and federal anti-discrimination
laws.
10. Supply to 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;
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II. Provide other advisory assistance to eligible persons to minimize their hardships,
such as counseling and referrals with regard to housing, financing, employment,
training, health and welfare;
12. 1nform all persons who are expected to be displaced about the eviction policies to be
pursued in carrying out the project.
B. [~ 302] Information Program
I. [~ 303] General Information
The Displacing Agency shall establish and maintain an information program utilizing meetings,
newsletters, and other mechanisms, including local media, available to all persons, for keeping
occupants of the property which the Displacing Agency is acquiring informed on a continuing basis
about its relocation program. The criterion for selecting among various alternative mechanisms shall
be the likelihood of actually communicating information to such persons. Legal publications, legal
ads in local newspapers of general circulation and similar means are inadequate if they are likely to
go unnoticed.
2. l~ 304] Personal Contact
As soon as practicable following the initiation of negotiations to acquire a parcel of real
property, the Displacing 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 Displacing 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 ~311.
All persons shall be advised and encouraged to visit the Displacing Agency's relocation office for
information and assistance. The Displacing Agency shall maintain personal contacts with occupants
of the property to the maximum extent practicable.
3. [~ 305] Information Statement for Relocation Assistance
Within 60 days following the initiation of negotiations to acquire a parcel of real property or
interest therein, but not later than the close of escrow on the property, informational material,
appropriate to the displaced person or business, shall be distributed to describe the nature of
available relocation benefits and assistance, eligibility requirements and procedures for obtaining
such benefits and assistance.
For projects by private parties with an agreement with the Displacing Agency, the "initiation
of negotiations" shall be the later of (i) the date of acquisition, or (ii) the date of the written
agreement between the private entity and the Displacing Agency for purposes of acquiring or
developing the property for the project.
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The Displacing Agency and/or the private entity shall provide each occupant of such property
with a written statement containing the following information:
a. A general description of the nature and types of activities that will be
undenaken and identification of the displacement area involved, including a
diagrammatic sketch of such area.
b. A statement that Displacing Agency action may result in displacement, but that
no person or business lawfully occupying the real property will be required to
move without at least 90 days written notice from the Displacing Agency.
c. A statement to residents that families and individuals will not be required to
move from their dwellings before reasonable offers of decent, safe and sanitary
and otherwise comparable replacement dwellings within their financial means
have been made, except for cause including under the circumstances provided
for in 91203 of these Rules and Regulations. [This subparagraph is not
applicable to business relocations.]
d. A general description of types of relocation payments available, including
general eligibility criteria, and a caution against premature moves that might
result in loss of eligibility for a payment.
e. Identification of the Displacing Agency's relocation program and a description
of relocation services and aids that will be available. Such services shall not
result in different or separate treatment on account of race, color, religion,
national origin, sex, martial status, familial status, or any basis protected by state
or federal anti-discrimination laws, or any other arbitrary circumstances.
f. Encouragement to visit the Displacing Agency's relocation office and to
cooperate with staff. Information regarding the relocation office shall include
the address, telephone number and hours the office is open.
g. Information to residents on replacement dwellings, including:
(I) A brief description of what constitutes a replacement dwelling, including
physical standards;
(2) A layman's description of applicable federal, state and local fair housing
laws;
(3) A statement that the Displacing Agency will identify available comparable
replacement dwellings within the financial means of, and otherwise
available to, the Displaced Person, and will provide assistance to persons
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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 Displacing Agency prior to
making a commitment to purchase or occupy the property.
h. A statement to businesses that the Displacing Agency will provide assistance in
locating relocation accommodations, including consultation with the Small
Business Administration and other govenunental agencies which might be of
assistance.
1. A statement to businesses describing the requirement for priornotification to the
Displacing Agency of the business concern's intention to move.
J. A summary of the Displacing Agency's eviction policy.
k. A statement describing the Displacing Agency's gnevance procedure, its
purpose and how it may be used.
1. .tuJy additional information that the Displacing Agency believes would be
helpful. Where appropriate, separate information statements shall be prepared
for residential and non-residential occupants.
4. [~ 306] Notice of Eligibility Status
In addition to disseminating general information of the type described above, the Displacing
Agency shall provide each Displaced Person with individual, written notification of his or her
eligibility status as soon as it has been established.
5. [~ 307] Language oflnformation Material
Information material shall be prepared in the language(s) most easily understood by the
recipients. In displacement areas where there are significant concentrations of persons who do not
read, write, or understand English fluently, the native language of the people should be used and all
informational material should be provided in the native language(s) and English.
6. [~308] Method of Delivery oflnformational Material
. To assure receipt of the informational material, the Displacing Agency shall arrange to have the
material either hand-delivered to each occupant of the property with a request for a written receipt,
or sent by cenified mail, return receipt requested.
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c. [~309J Determination of Relocation Needs
1. [~310J Interviews
Immediately following the initiation of negotiations to acquire a parcel of real property, the
Displacing Agency shaH 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 Displacing Agency shall carefully explain and discuss
fully with each person interviewed the purpose of the interview.
When a person cannot be interviewed or the interview does not produce the information to be
obtained, reasonable effons shall be made to obtain the information by other means.
a. [~ 311] Information to be Obtained from Residential Owner Occupants or
Tenants
The Displacing Agency shall endeavor to obtain the following information from eligible
persons.
(I) Income;
(2) Whether a person is elderly or handicapped;
(3) Size offamily;
(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;
(II) With reference to the present dwelling:
(a) the rent;
(b) type and quality of construction;
(c) number of rooms and bedrooms;
(d) amount of habitable living space;
(e) locational factors including, among others, public utilities, public and
commercial facilities (including transportation and schools) and
neighborhood conditions (including municipal services).
(12) Such other matters that concern a household as its members contemplate
relocation.
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b. Is 3121 Coordination with Other Agencies
In order to avoid duplication of effort and to ensure that necessary infonnation is available at
the appropriate time, the Displacing Agency should coordinate its interview activities with the
survey activities, if any, of other agencies. Gathering of data pertinent to social service referrals of
eligible persons should be planned in cooperation with social service agencies and a referral system
should be established.
c. Is 313] Interview after Person Moves Without Notice
]f the interview of any eligible person does not occur prior to such person moving from the
dwelling, the Displacing Agency shall make every reasonable effort to identify, locate, and interview
such person who has moved so that their relocation needs can be detennined. The Displacing
Agency shall offer such persons all relocation assistance and benefits for which they otherwise
qualifY and, in addition, the Displacing Agency shall compensate such persons for all costs
occasioned by the Displacing Agency's failure to provide timely notice and offers of relocation
assistance and benefits, if such failure is the fault of the Displacing Agency.
2. [s 314] Relocation Records
Based on infonnation obtained during interviews and from other sources as applicable, the
Displacing 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 infonnation
relating to that Displaced Person to the extent and in the manner provided by law.
3. [s 315] Updating Information
Infonnation pertaining to the relocation needs of eligible persons occupying each parcel ofreal
property with respect to which the Displacing Agency has initiated negotiations for acquisition shall
be up-dated at least annually. Eligible persons shall be encouraged to bring any change in their
needs to the attention of the Displacing Agency.
D. [s 316] Relocation Site Office
The Displacing Agency may, as it deems necessary, establish a site office which is accessible
to all area residents and businesses who may be displaced to provide relocation assistance. Any
such office shall be staffed with trained and/or experienced relocation personnel. Office hours may
be scheduled to accommodate persons unable to visit the office during nonnal business hours. The
Displacing Agency may also make provisions for meeting with displaced persons in their homes or
places of business.
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E. [~317] Contracting for Relocation Services
The Displacing Agency may enter into a contract with any individual, firm, association,
corporation, or governmental agency having an established organization for conducting relocation
assistance programs, for the purpose of providing relocation advisory assistance.
F. [~ 318] Coordination of Relocation Assistance
The Displacing Agency shall coordinate its relocation assistance program with other work
necessitating displacement of persons, and with activities of other public entities in the City or
nearby areas, for the purpose of planning relocation activities and coordinating the availability of
replacement dwelling resources in the implementation of the Displacing Agency's relocation
assistance program.
G. [~ 319] Relocation Plans
1. [~ 320] Requirement Generally
As soon as possible following the initiation of negotiations and prior to proceeding with any
phase of a project or other activity that will result in displacement, the Displacing Agency shall
prepare a Relocation Plan and submit it for approval to the City Council unless the Displacing
Agency's action will only result in an insignificant amount (as determined by the Displacing
Agency) of non-residential displacement, in which case the Displacing Agency shall provide
assistance and benefits as required by the Act, Guidelines, and these Rules and Regulations, but shall
not be required to prepare a Relocation Plan as is described in S319 et seq. For residential projects
of 15 households or less, the Displacing Agency shall prepare a Model Relocation Plan, a sample
of which is provided in Exhibit "A". This Model Relocation Plan shall be presumed to be in
compliance with the planning requirements of S319 et seq.
2. [~321] Contents of Plan
If a Specific Relocation Plan is required, it shall include the following;
a. A diagrammatic sketch of the displacement area;
b. Projected dates of displacement;
c. A written analysis of the aggregate relocation needs of all persons to be
displaced, in accordance with !}401, and a detailed explanation as to how these
needs are to be met;
d. A written analysis of replacement housing resources, in accordance with S404;
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e. A detailed description of the relocation advisory services program, including
specific procedures for locating and refening eligible persons to comparable
replacement housing;
f. A description of the relocation payments to be made in accordance with S600
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 as described in S408 is to be
built and financed (if applicable);
1. A standard information statement to be sent to all persons displaced m
accordance with S305;
J. Temporary relocation plans, if any;
k. A description of relocation office operation procedures;
m. Plans for citizen participation;
n. An enumeration of the coordination activities undertaken pursuant to S318;
o. The comments of the relocation committee, if any (pursuant to S800).
p. A written determination by the Displacing Agency that the necessary resources
will be available as required.
3. [~322l Review of Relocation Plan
The Relocation Plan shall be submitted to the Relocation Committee (see S802) for review and
comment at least 30 days prior to submitting the Relocation Plan to the City Council for approval.
Copies of the proposf:d Relocation Plan shan be made available to the Relocation Committee and
the public, upon request. A copy of the final relocation plan shan be forwarded to the Department
which shan act as a central repository.
A general notice of the Relocation Plan shan also be provided. The general notice shan be
designed to reach the occupants of the property, shall be in accordance with S303 and S307 of these
Rules and Regulations, and shan be provided 30 days prior to submission to the City Council for
approval.
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All persons who will be displaced, neighborhood b'fOUPS, and any Relocation Committee shall
be given an opportunity to participate in reviewing the relocation plan and monitoring the relocation
assistance program.
Any displaced person or interested organization may petition the Department to review the
Relocation Plan. Such review shall be undertaken in the time constraints and procedures as adopted
by the Department.
4. [~ 323J Conformance to General Plan
Relocation Plans prepared by the Displacing Agency shall be consistent with the Housing
Element of the City's General Plan.
5. [~ 324] Update of Relocation Plans
In the event of delay of more than one year in the implementation of a relocation program, the
Relocation Plan shall be updated prior to the implementation of the program.
H. [S 325] Move to Substandard Dwelling Unit
The Displacing Agency shall inspect each replacement dwelling prior to the time a displaced
resident occupies it. The Displacing Agency shall not induce or encourage a displaced resident to
acquire a dwelling which does not satisfy the standards of a comparable replacement dwelling.
If a displaced resident occupies a dwelling unit to which he or she is referred by the Displacing
Agency and the dwelling unit does not satisfy the standard of a comparable replacement dwelling,
the Displacing Agency shall offer to locate a comparable replacement dwelling for the displaced
resident and to pay again all moving and related expenses.
If a displaced resident chooses not to move from a substandard dwelling unit he or she has
occupied, the displaced resident shall nevertheless be eligible to receive relocation assistance and
payments if one of the following conditions is met:
I. If he or she occupied the substandard dwelling unit following referral by the
Displacing Agency; or
2. If the rental or purchase of the substandard dwelling unit is the result of the
Displacing Agency's failure to identify a reasonable number of comparable
replacement dwellings; or
3. If the purchase of the substandard dwelling unit is not the result of the Displacing
Agency's referral or failure to refer, when the substandard dwelling unit is brought
into compliance with the decent, safe and sanitary standard.
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In the event the condition is met in paragraph 3, any replacement housing payment shall be
limited to the amount that would be provided in connection with the purchase of a similar,
comparable replacement dwelling, or the sum of the actual costs of acquisition (including incidental
expenses) and rehabilitation, whichever is less.
I. [~326] Waiver of Requirement for Replacement Dwelling Prior to Displacement
When immediate possession of the real property is of crucial importance and one of the
following circumstances exists, the Displacing Agency may require an eligible displaced resident
to move from his or her dwelling before a comparable replacement dwelling or temporary adequate
replacement dwelling is available:
1. When displacement is necessitated by a major disaster as defined in ~ I 02(2) of the
Hazard Mitigation and Relocation Assistance Act of 1993 (42 U .S.C. S5121) and/or
the California Natural Disaster Assistance Act;
2. During periods of declared national or state emergency;
3. When such other extraordinary or emergency situations occur where immediate
possession of real property is of crucial importance.
Any waiver of the requirement for replacement dwellings prior to displacement shall be
supported by appropriate findings and a determination of the necessity for the waiver.
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IV. Is 4001 ASSUR.\NCE OF COMPAR.\BLE REPLACEMENT DWELLINGS;
LAST RESORT HOUSING
A. Is 401) Survey and Anal)'sis of Available Comparable Replacement Dwellings
1. Is 402) Requirement Generally
To confirm the availability of comparable replacement dwellings, the Displacing Agency,
within 60 days of the initiation of negotiations to acquire a parcel ofreal property, shall initiate a
survey of available comparable replacement dwellings. If a recent survey that provides the required
information is not available, the Displacing Agency shall conduct a survey of the housing market.
If a recent survey is available, but it does not reflect more recent, significant changes in housing
market conditions, the survey shall be updated or it shall not be relied upon. The survey shall be
updated at least annually. The survey area shall be reasonably related to the displacement area and
to the needs and preferences of the persons to be displaced. The survey area shall have relevant
characteristics specified for comparable replacement dwellings which equal or exceed those of the
neighborhood from which persons are to be displaced.
2. [s 403) Determining Number of Comparable Replacement Dwellings
Only dwelling units which satisfy the standards of comparable replacement dwellings, including
the locational criteria, shall be counted as a relocation resource. The following types of dwellings
shall be included only if the applicable criteria are met:
Uncompleted new construction or rehabilitation shall only be counted toward the
gross number of comparable replacement dwellings if there is a substantial likelihood that the
dwelling units will be available when needed and at housing prices or rental costs within the
financial means of the prospective occupants.
a. Publicly subsidized housing, as defined pursuant to Article XXXIV of the
California Constitution and S3 7000 through S37002 of the California Health and
Safety Code, shall only be counted toward the gross number of comparable
replacement dwellings if it reasonably can be established that:
(I) The dwelling units will be available when needed;
(2) The governmental body providing the subsidy has made, in writing, a
reasonably binding commitment of assistance;
(3) The dwelling units have been inspected and detennined to be decent, safe
and sanitary and the income ceilings, rent ranges and age restrictions, if
any, have been considered;
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(4) The number of dwelling units available in the City exceeds the number of
households in need of the units. This requirement can be waived by the
Department if the Displacing Agency can establish that such units will be
replaced within two years. To establish that last resort housing will be
developed as required, the Displacing Agency must have site control with
permissive zoning, preliminary plans and conditional commitments for
subsidy and financing, or the equivalent, and must identify ownership;
(5) With respect to uncompleted new construction or rehabilitation, such
publicly subsidized dwelling units are being subsidized to provide
relocation resources.
b. The gross number of comparable replacement dwellings in the survey area shall
be discounted to reflect concurrent displacement and the extent to which
turnover is represented. Concurrent displacement by the federal government and
its agencies, including federally assisted projects, as well as displacement by
other public entities shall be taken into account.
3. l~ 404] Written Analysis
Based on the survey, a written analysis of replacement dwelling needs shall be prepared that
includes:
a. Separate information concerning home ownership and rental units;
b. The number of units identified by cost for each size category;
c. Needs of elderly and handicapped households shown separately, including
information on the number of such households requiring special facilities and
the nature of such facilities;
d. Description of the locational characteristics of the displacement area
neighborhoods corresponding to the requirements of comparable replacement
dwellings;
e. Information concerning proximity to present employment sources, medical and
recreational facilities, parks, community centers, shopping, transportation and
schools;
f. Information concerning proximity to other relevant needs and amenities.
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4. [~ 405] Review of Survey Results
When more than fifteen (15) households will be displaced, the written analysis (i.e., the results
of the survey of comparable replacement dwellings) shall be submitted for review to local housing,
development and planning agencies and shall be compared to other existing information on housing.
Notwithstanding the analysis of the results of the survey of comparable replacement dwellings,
if the demand for housing is such that there are no vacancies other than those permitted by turnover,
the Disp]acing Agency may proceed to displace residents from dwellings, but only to the extent that
the Displacing Agency obtains referrals of comparable replacement dwellings for such residents in
accordance with the provisions of S406.
5. [~ 406] Referrals of Replacement Dwellings
The Displacing Agency shall obtain at least three referrals of comparable replacement dwellings
for each displaced resident, provided that where the Displacing Agency determines that, due to
special circumstances three (3) is not a reasonable number, fewer than three (3) referrals may be
deemed sufficient. Such referrals shall be in writing, in a language understood by the displaced
resident.
The Displacing Agency's obligation to obtain a comparable replacement dwelling for any
displaced resident shall be deemed to be satisfied if such resident is offered and refuses, without
justification, the number of specifically identified comparable replacement dwellings provided for
in this section and which satisfy the criteria set forth in S211.
B. l~ 407] Determination of Need for Last Resort Housing; Replacement Housing Plan
If the Director of the Displacing Agency, on the basis of data derived from the replacement
dwelling survey and analysis, detennines that comparable replacement dwellings will not be
available, the Director shall determine whether to modify, suspend, or terminate the project causing
the displacement or to use the Displacing Agency's funds or the funds authorized for the project to
provide such necessary comparable replacement housing. If the Director determines that the
Displacing Agency's funds or funds authorized for the proj ect shall be used to insure the availability
of comparable replacement housing (which housing is, in this situation, commonly referred to as
"last resort housing"), the Displacing Agency shall prepare a "replacement housing plan" that
provides for a sufficient number oflast resort housing units.
1. [~ 408] Replacement Housing Plan
If a Replacement Housing Plan is required, it shall address the following issues:
a. How, when and where the housing will be provided;
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b. How the housing will be financed and the amount of funds to be allocated to
such housing;
c. The prices at which the housing will be rented or sold to the families and
individuals to be displaced;
d. The arrangements for housing management and social services, as appropriate;
e. Tbe suitability of the location and envirorunental impact of the proposed
housing;
f. The arrangements for maintaining rent levels appropriate for the persons to be
rehoused;
g. The disposition of proceeds from rental, sale, or resale of such housing;
h. Any referendum or zoning requirements, which present an obstacle, shall be
addressed.
2. [~ 409] Replacement Housing Committee
a. If the need for last resort housing exceeds 25 units, the Displacing Agency shall
establish a "Replacement Housing Committee" which will consult with and
provide advice and assistance to the Displacing Agency in the development of
the replacement housing plan. The Committee should include appointed
representatives of the Displacing Agency and state and local agencies
knowledgeable regarding housing in the area, including but not limited to the
local housing authority. In addition, the Committee should include
representatives of other appropriate groups (for example, local and area wide
planning agencies) and private groups knowledgeable regarding housing and
the problems of housing discrimination.
b. The Replacement Housing Committee shall include representatives of the
residents to be displaced. These representatives may be appointed by the
Displacing Agency or elected by the residents, as the residents wish. Resident
representatives shall, at a minirnwn, constitute one-third of the Committee
membership. Votes shall be allocated so that the total votes of resident
representatives shall equal one-half of the total votes of the Committee
membership.
c. The Replacement Housing Plan must be approved by the vote of a simple
majority of the Replacement Housing Committee membership. In the event the
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Committee fails to approve the plan, the City Council may substitute its
approval.
d. The Displacing Agency may consult or contract with the Depanment, a local
housing authority, or other agency or organization having experience in the
administration or conduct of housing programs to provide technical assistance
and advice in the development of the replacement housing plan.
3. I~ 410] Submission of Plan for Comment
The Displacing Agency shall submit the Replacement Housing Plan and all significant
amendments to the local housing and planning agencies for comment and to assure that the plan
accurately reflects housing conditions and needs in the relocation area. Reviewing agencies
shall have 30 calender days following receipt of the plan to prepare their comments. Copies
of all comments received shall be forwarded to the committee and available to all interested
persons.
General notice of the plan shall be provided. Notice shall be designed to reach the
residents of the relocation area, shall be in accordance with the provisions of S303 and S307,
and shall be provided 30 days prior to submission to the Replacement Housing Committee, or
the City Council for approval.
4. [~ 411] Determination by Displacing Public Entity of Feasibility and Compliance
Upon receipt and consideration of the comments, the Displacing Agency shall detennine
whether or not:
a. The Replacement Housing Plan is feasible.
b. The Replacement Housing Plan complies with applicable environmental
standards and procedures.
c. The Replacement Housing Plan is compatible with the local general plan and
housing element and the area wide housing plan or strategy.
If any of the above detenninations by the Displacing Agency is negative the Displacing
Agency shall revise the plan as necessary. Substantial modifications in the plan shall be re-
submitted for review and comment in accordance with S4 I O. If necessary for timely
implementation of the plan or execution of the project, the Displacing Agency may shorten the
time allowed for review of modifications.
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5. [S 412] Implementation of the Replacement Housing Plan
The Displacing Agency may expend funds and take such other actions as necessary to provide,
rehabilitate, or construct last resort housing pursuant to an approved replacement housing plan for
last resort housing through methods including but not limited to the following:
a. Transfer of funds to state and local housing agencies;
b. Conrract with organizations experienced in the development of housing;
c. Direct development; rehabilitation or construction by the Displacing Agency;
d. Financing of development, rehabilitation or construction by the Displacing
Agency;
e. Provide housing subsidies as permitted by law.
Whenever practicable, the Displacing Agency should utilize the services of federal, state, or
local housing agencies, or other agencies having experience in the administration or conduct of
similar housing programs. Where several agencies are administering programs resulting in
residential displacement, opportunities shall be sought for joint development and financing to
aggregate resources in order to most efficiently provide last resort housing in sufficient quantity to
satisfy the aggregate needs of such programs.
6. [S 413] Last Resort Housing Alternatives
a. Whenever comparable replacement dwellings are not available, or are not
available within the monetary limits of (l605 or (l6l5, as appropriate, the
Displacing Agency shall provide additional or alternative assistance under the
provisions of this part.
b. The methods of providing replacement housing oflastresort include, but are not
limited to:
(J) A replacement housing payment calculated in accordance with the
provisions of (l607 or (l6l7, as appropriate, even if the calculation is in
excess of the monetary limits of sections 605 and 615. The first $5,250 of
a rental assistance payment under this part shall be paid to the displaced
person in a lump sum and the remainder of the payment shall be paid to the
displaced person in periodic payments over a period not to exceed 42
months unless otherwise specified by statute or, at the discretion of the
Displacing Agency, the entire rental assistance payment under this part
could be paid to the displaced person in a lump sum.
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(2) Major rehabilitation of and/or additions to an extsltng replacement
dwelling in a sum equal to or greater than the payment to which the
displaced person is entitled under subsection b( 1).
(3) The construction of a new replacement dwelling in a sum equal to or
greater than the payment to which the displaced person is entitled under
subsection b(l) of this section.
(4) The relocation and, if necessary, rehabilitation ofa dwelling.
(5) The purchase of land and/or a replacement dwelling by the displacing
agency and subsequent sale or lease to, or exchange with a displaced
person.
(6) For purposes of accommodating the needs of handicapped persons, the
removal of barriers to the handicapped.
7. [~ 414] Nondiscrimination
The nondiscrimination provisions of applicable law shall apply to all contracts and subcontracts
for the construction, rehabilitation or management of last resort housing let by the Displacing
Agency.
8. [~ 415] Conformity with Statutes and Regulations
The provision of last resort housing by the Displacing Agency shall be in accord with the
provisions of all applicable federal and state non-discrimination laws and regulations issued pursuant
thereto.
.
9. [~416] Conformity with Federal Program Requirements
The Displacing Agency shall comply with all federal requirements related to programs for
which it receives federal financial assistance.
10: [~417] Monitoring Housing Production
The Displacing Agency shall monitor the production of the last resort housing to ensure that it
is ill accordance with the replacement housing plan for last resort housing approved by the
Displacing Agency.
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11. [s 4181 Retention of Benefits Upon Move to Last Resort Housing
The Displacing Agency shall not require a displaced resident to accept last reson housing in lieu
of the displaced resident's acquisition payment, if any, for the real propeny from which he or she is
displaced or the relocation payments for which he or she may be eligible.
12. Is 419] Post-Acquisition Tenants
Only at the sole discretion of the Displacing Agency are post-acquisition tenants entitled to last
reson housing payments.
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V. [s 500] TEMPORARY RELOCATIONS
A.ls 5011 Temporary Replacement Housing
The Displacing Agency may relocate displaced residents to temporary replacement housing
under the conditions provided below. Such housing shall meet the standards of an adequate
replacement dwelling. The Displacing Agency shall minimize, to the greatest extent feasible, the use
of temporary replacement housing. The Displacing Agency shall provide displaced residents who
move to temporary replacement housing with relocation assistance, services and benefits designed
to achieve permanent relocation of such residents into comparable replacement dwellings.
Prior to any temporary move, the Displacing Agency shall determine and provide written
assurance to each displaced resident that:
I. Comparable replacement dwellings will be made available at the earliest possible
time, and in any event within twelve (12) months from the date of the move to the
temporary replacement housing, provided however that the temporarily housed
persons may agree to extend the 12 month limitation.
2. Comparable replacement dwellings will be made available, on a priority basis, to the
individual or family who has been temporarily rehoused;
3. The move to temporary replacement housing will not affect a claimant's eligibility
for a replacement housing payment nor deprive him of the same choice of
replacement dwelling units that would have been made available had the temporary
move not been made and the costs of a temporary move will not be considered as all
or a part of relocation payments to which a displaced resident is entitled;
4. If a project plan anticipates moves back into housing accommodations in the project
area, the resident who has been temporarily displaced will be given priority
opportunity to obtain such housing accommodations;
5. The Displacing Agency will pay all costs in connection with the move to temporary
replacement housing, including increased housing costs.
B. [s 502] Payments and Assistance for Short-Term Relocation of Tenants in Rental
Rehabilitation Projects
Notwithstanding 97265.3 of the Government Code or any other provision of law, tenants
residing in any rental project who are displaced from the project for a period of one year or less as
part of a rehabilitation of that project, that is funded in whole or in part by the Displacing Agency,
- 35 -
shall not be eligible for permanent housing assistance benefits pursuant to ~600 of these Rules and
Regulations, if all of the following criteria are satisfied:
1. The project is a "qualified affordable housing preservation project," which means any
complex of two or more units whose owners enter into a recorded regulato!)' agreement,
having a term for the useful life of the project, with any entity for the provision of project
rehabilitation financing. For this purpose, the regulato!)' agreement shall require of the
owner and all successors and assigns of the owner, as long as the regulato!)' agreement is
in effect, that forty-nine (49) percent of the tenants in the project shall have, at the time of
the recordation of the regulato!)' agreement, incomes not in excess of sixty (60) percent
of the area median income, adjusted by household size as determined by the Department.
In addition, a project is a qualified affordable housing preservation project only if the
beneficiary of the regulato!)' agreement elects this designation by so indicating on the
regulato!)' agreement.
2. The resident is offered the right to return to his or her original unit, or a comparable unit
in the same complex if his or her original unit is not otherwise available due to
rehabilitation, with rent for the first twelve (12) months subsequent to that return being the
lower of the following: up to five (5) percent higher than the rent at the time of
displacement; or up to thirty (30) percent of household income.
3. The estimated time of displacement is reasonable, and the temporary umt IS not
unreasonably impacted by the effects of the construction, taking into consideration the
ages and physical conditions of the members of the displaced household.
4. All other financial benefits and services otherwise required under this chapter are provided
to the residents temporarily displaced from their units, including relocation to a
comparable replacement unit. Residents shall be temporarily relocated to a unit within the
same complex if that unit is in a location generally not less desirable than the location of
the displaced person's dwelling with respect to public utilities, services, and the displaced
person's place of employment.
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VI. [!j 600J RELOCA nON PAYMENTS TO DISPLACED RESIDENTS
A. [s 6011 Payments Required
The Displacing Agency shall compensate a displaced resident for the expenses described in
%602 or %603 and in %604 or !j614. A displaced resident who lawfully resides on his or her business
property may be eligible for both the payments described in this !j600 and the payments to a
displaced business provided under !j700. A person who moves from ills or her dwelling or who
moves ills or her personal property therefrom because he or she is displaced by the Displacing
Agency from other real property on which he or she conducts a business shall be eligible only for
payments provided for under g602 or g603.
B. [S 602J Actual Reasonable Moving Expenses
A displaced resident shall be compensated for the actual reasonable expenses incurred in
moving illmself or herself and his or her family, including moving personal property. In all cases
the amount of a payment shall not exceed the reasonable cost of accomplishing the activity in
connection with willch a claim has been filed. The actual reasonable expenses incurred by the
displaced resident for moving and related expenses shall be compensated by the Displacing Agency
on the basis of the lower of three (3) comparable, competitive bids from professional movers, unless
otherwise waived by the Displacing Agency.
The moving and related expenses for which claims may be filed shall include:
J. Transportation of persons and property not to exceed a distance of fifty (50) miles
from the site from which the resident was displaced, except where the Displacing
Agency determines that relocation beyond such distance of fifty (50) miles is
justified;
2. Packing, crating, unpacking and uncrating personal property;
3. Such storage of personal property, for a period generally not to exceed twelve (12)
months, as det=ined by the Displacing Agency to be necessary in connection with
relocation;
4. Insurance of personal property while in storage or transit;
5. The reasonable replacement value of property lost, stolen, or damaged (not through
the fault of the displaced resident, ills or her agent or employee) in the process of
moving, where insurance covering such loss, theft or damage is not reasonably
available;
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6. Cost of disconnecting, disassembling, dismantling, removing, reassembling,
reconnecting and reinstalling machinery, equipment or other personal property not
acquired by the Displacing Agency, including connection charges imposed by public
utilities for starting utility service.
c. ls 6031 Alternate Payments
A displaced resident who is eligible for a payment for actual reasonable moving expenses may
elect to receive, and shall be paid, in lieu of such payment, a moving expense and dislocation
allowance which shall be determined according to a schedule established by the Displacing Agency.
The schedule shall be consistent with the residential moving expense and dislocation allowance
payment schedule established by Part 24 of Title 49 of The Code of Federal Regulations.
D, Is 604] Replacement Housing Payments for Displaced Homeowners
1. Is 605] Amount of Payment
The Displacing Agency shall make, to a displaced homeowner who meets the eligibility
requirements of S606, a payment not to exceed a combined total of $22,500 for:
a. The amount, if any, which when added to the acquisition cost of the dwelling
acquired for the project equals the reasonab)e cost of a comparable replacement
dwelling (see S608). This amount shall not exceed the difference between the
acquisition price of the acquired dwelling and the actual purchase price of the
replacement dwelling;
b. The amount, if any, to compensate the displaced resident for any increased
interest cost he or she is required to pay for financing the acquisition of a
replacement dwelling. The payment shall not be made unless the dwelling
acquired by the Displacing Agency was encumbered by a bona fide mortgage
which was a valid lien on the dwelling for not less than 180 days prior to the
initiation of negotiations for acquisition of such dwelling. (This time
requirement may be modified in accordance with the provisions of S606b);
c. Reasonable expenses incurred by the displaced resident incident to the purchase
of the replacement dwelling, but not including prepaid expenses;
d. The cost of rehabilitating a dwelling which does not satisfY the decent, safe and
sanitary standard.
2. Is 606] Eligibility
A displaced resident is eligible for a replacement housing payment if such person satisfies the
following conditions:
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a. Is displaced from a dwelling that is acquired.
b. Has actually owned and occupied the dwelling from which he or she is
displaced as a pennanent or customary and usual place of abode for not less than
180 days prior to the initiation of negotiations for acquisition of such dwelling.
If an owner satisfies all but the 180 day requirement and can establish to the
satisfaction of the Displacing Agency that he or she bought the dwelling with
the intention of making it his or her place of residence, that the move was not
motivated by a desire to receive relocation assistance and benefits, and that he
or she neither knew nor should have known that public acquisition was
intended, the Displacing Agency may reduce the requirement as necessary.
c. Purchases and occupies a replacement dwelling within one year subsequent to
the later of (i) the date on which he or she received final payment from the
Displacing Agency for all costs of the acquired dwelling, or (ii) the date the
Displacing Agency fulfills its obligation to make available at least one
comparable replacement dwelling to the Displaced Person. Where for reasons
beyond the control of the displaced resident completion of construction,
rehabilitation, or relocation of a replacement dwelling is delayed beyond the
date by which occupancy is required, the Displacing Agency shall determine the
date of occupancy to be the date the displaced resident enters into a contract for
such construction, rehabilitation, or relocation or for the purchase, upon
completion, of a dwelling to be constructed or rehabilitated, if, in fact the
displaced resident occupies the replacement dwelling when the construction or
rehabilitation is completed. Where for reasons of hardship or circumstances
beyond the control of the displaced resident, such person is unable to occupy the
replacement dwelling by the required date, the Displacing Agency may extend
the deadline in its sole discretion. No person otherwise eligible for payment,
shall be denied such eligibility as a result of being unable, because of a major
state or national disaster, to meet the occupancy requirements contained herein.
3. [~607] Computation of Replacement Housing Payment
a. [~ 608J Reasonable Cost of Comparable Replacement Dwelling
In determining the reasonable cost of a comparable replacement dwelling, the Displacing
Agency shall use one of the following methods:
(I) Comoarative Method. On a case by case basis by determining the listing
price of dwellings which have been selected by the Disp]acing Agency and
which are most representative of the acquired dwelling unit and meet the
definition of a comparable replacement dwelling. Whenever possible the
listing price of at least three dwellings shall be considered.
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(2) Schedule Method. Where the Displacing Agency determines the
comparative method is not feasible, it may establish a schedule of
reasonable acquisition costs for the various types of comparable
replacement dwellings. The Displacing Agency shall cooperate with other
entities causing displacement in the area to establish a uniform schedule.
The schedule shall be based on a current analysis of the market to
detennine a reasonable cost for each type of dwelling to be purchased. In
large urban areas, the analysis may be confined to the sub-area from which
persons are displaced or may cover several different sub-areas; if they
satisfy or exceed the criteria for a comparable replacement dwelling. To
assure the greatest comparability of dwellings in any analysis, the analysis
shall be divided into classifications of the type of construction, number of
bedrooms, and price ranges.
(3) Alternative Method. Where the Displacing Agency determines that neither
the schedule, nor comparative method is feasible in a given situation, by
the use of another reasonable method selected by the Displacing Agency.
Whichever method is selected, the cost shall be updated to within three months of the date of
purchase of the replacement dwelling.
b. [~ 609] Increased Interest Cost
Increased interest cost shall be equal to the discounted present value of the difference between
the aggregate interest applicable to the amount of the principal of the mortgage on the acquired
dwelling over its remaining term at the time of acquisition, and other debt service costs, and the
aggregate interest paid on the mortgage on the replacement dwelling, and other debt service costs.
The term and amount of the mortgage on the replacement dwelling for the purposes of this section
shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or
the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt
service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based
on the cost required for a comparable replacement dwelling, or the debt service cost based on the
actual cost of the replacement dwelling.
Prepaid interest or "points" shall be considered in the determination of the aggregate interest.
In calculating the amount of compensation, increased interest cost shall be reduced to
discounted present value using the prevailing interest rate paid on savings deposits by commercial
banks in the general area in which the replacement dwelling is located.
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c. [~610J Expense Incidental to the Purchase of the Replacement Dwelling
The replacement housing payment shall include the amount necessary to reimburse the
displaced resident for actual, reasonable costs incurred, incident to the purchase of the replacement
dwelling, including but not limited to the following:
(l) Reasonable legal, closing, and related costs including title search,
preparing conveyance contracts, notary fees, surveys, preparing drawings
or plans, and charges paid incident to recordation;
(2) Lender, FHA, VA or similar appraisal costs;
(3) FHA, V A, or similar application fee;
(4) Cost for certification of structural soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's evidence or assurance oftitle;
(7) Escrow agent's fee;
(8) Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount attributable to the purchase of a
replacement dwelling. Such expenses shall be reasonable and legally required or customary within
the boundaries of the City.
Reimbursement shall not be made under the provisions of this section for any fee, cost, charge,
or expense which is determined to be a part of the debt service or finance charge under Title I of the
TI1Ith in Lending Act and Regulation Z issued pursuant thereto by the Board of Governors of the
Federal Reserve System. Any such sum should be considered in the determination of increased
interest cost.
4. [~ 611J 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 or she owns, the replacement housing payment shall be based on the
cost of a comparable one-family unit in a multi-family building of approximately the same density
or if that is not available in a building of the next less density, or, if a comparable one-family unit
in such a multi-family building is not available, the cost of any otherwise comparable single-family
stJUcture.
5. [~612] Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and occupy his or her dwelling, the amount
payable as the replacement housing payment is the difference between the acquisition price of the
acquired propeny 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.
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The payment shall not exceed the amount of the replacement housing payment to which the
homeowner would otherwise be entitled.
6.1% 613] Lease of Condominium
F or the purpose of ~604 through ~6l2, the leasing of a condominium for a 99-year period, or
for a term which exceeds the life expectancy of the displaced resident as determined by the most
recent life tables in Vital Statistics of the United States, as published by the Public Health Service
of the Department of Health, Education and Welfare or successor acceptable index, shall be deemed
a purchase of the condominium.
E. [~ 614] Replacement Housing Payments for Tenants and Certain Others
1. [~615] Amount of Payment
The Displacing Agency shall make, to a displaced tenant who meets the eligibility requirements
of g616, a payment not to exceed $5,250.00 for either:
a. An amount necessary to enable such person to lease or rent a comparable
replacement dwelling for a period not to exceed 42 months; or
b. An amount necessary to enable such person to make a downpayment on the
purchase of a decent, safe and sanitary replacement dwelling (including
incidental expenses described in g610).
2. [~ 616] Eligibility
A displaced resident is eligible for a replacement housing payment if such person satisfied the
following conditions:
a. Has actually and lawfully occupied the dwelling from which he or she is
displaced for a period of not less than 90 days prior to the initiation of
negotiations for acquisition of such dwelling. If a resident satisfies all but the
90-day requirement and can establish to the satisfaction of the Displacing
Agency that he or she occupied the dwelling with the intention of making it his
or her place of residence, that the move was not motivated by a desire to receive
relocation assistance and benefits, and that he or she neither knew nor should
have known that public acquisition was intended, the Displacing Agency may
reduce the requirements as necessary.
b. Is not eligible to receive a replacement housing payment for homeowners or
elects not to receive such payment. Where the displaced resident is the
owner-occupant of the dwelling for at least 90 days but not more than 180 days
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immediately prior to the initiation of negotiations for the acquisition of the
dwelling, the payment made under g6 I 5b shall not exceed the amount of
payment to which the resident would be entitled under g605.
c. The displaced resident shall within one year from the date of displacement rent
or purchase (as the case may be) and occupy a replacement dwelling. Where for
reasons beyond the control of the displaced resident, completion of construction,
rehabilitation, or relocation of a replacement dwelling is delayed beyond the
date by which occupancy is required, the Displacing Agency shall determine the
date of occupancy to be the date the displaced resident enters into a contract for
such construction, rehabilitation, or relocation or for rental or purchase, upon
completion, of a dwelling to be constructed or rehabilitated, if, in fact, the
displaced person occupies the replacement dwelling when the construction or
rehabilitation is completed. Where for reasons of hardshi p or circumstances
beyond the control of the displaced resident, such person is unable to occupy the
replacement dwelling by the required date, the Displacing Agency may extend
the deadline in its sole discretion. No person otherwise eligible for payment,
shall be denied such eligibility as a result of his or her being unable, because of
a major state or national disaster, to meet the occupancy requirements contained
herein.
3. [g 617] Computation of Replacement Housing Payment
a. [g 618] Rent Differential Payment
The amount of payment necessary for a displaced resident to lease or rent a comparable
replacement dwelling shall be computed by subtracting forty-two (42) times the base monthly
rental of the displaced resident, from forty-two (42) times the monthly rental for a comparable
replacement dwelling; provided, that in no case may such amount exceed the difference
between fony-two (42) times the base monthly rental and fony-two (42) times the monthly
rental actually required for the replacement dwelling occupied by the displaced resident.
(l) Base Monthlv Rental. The base monthly rental shall be the lesser of:
(a) the average monthly rental paid by displaced resident for the 3-month
period prior to initiation of negotiations; or
(b) thirty percent (30%) of the displaced resident's average monthly gross
income.
Where the displaced resident was the owner of the dwelling from which he or she was displaced
or was not required to pay rent for that dwelling, or where the rental is unrealistically low, the
economic rent shall be used in lieu of the average monthly rental to'calculate base monthly rental.
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(2) Rental for Comparable Replacement Dwelling. The monthly rental for a
comparable replacement dwelling shall be determined by the Displacing
Agency using one of the following methods:
(a) Comparative Method. On a case by case basis by determining the
listing rental of dwellings which are most representative of the
acquired dwelling and meet the definition of a comparable
replacement dwelling. Whenever possible the listing rental of at least
three dwellings shall be considered.
(b) Schedule Method. Where the Displacing Agency determines the
comparative method is not feasible, it may establish a schedule of
reasonable rental charges for the various types of comparable
replacement dwellings. The Displacing Agency shall cooperate with
other entities causing displacement in the area to establish a uniform
schedule. The schedule shall be based on a current analysis of the
market to determine a reasonable rental charge for each type of
dwelling to be rented. The analysis may be confined to other
sub-areas from which the persons are displaced or may cover several
different sub-areas if they satisfy or exceed the criteria for a
comparable replacement dwelling. To assure the greatest
comparability of dwellings in any analysis, the analysis shall be
divided into classifications of the type of construction, number of
bedrooms, and range of rental charges.
(c) Alternative Method. Where the Displacing Agency determines that
neither the schedule, nor comparable method is feasible in a given
situation, by the use of another reasonable method selected by the
Displacing Agency.
Whichevermethod is selected the cost shall be updated to within three
(3) months of the date of rental of the replacement dwelling.
In calculating the base monthly rental and the rental for a comparable
replacement dwelling the Displacing Agency will include as a
component of rent the cost or estimated cost of utilities, but not
including telephone service.
b. [~ 619] Downpayment
The downpayment for which a payment specified in ~6 1 5b may be made, shall not exceed the
amount of a reasonable downpayment for the purchase ofa comparable replacement dwelling where
such purchase is financed; plus expenses incident to the purchase of a replacement dwelling
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computed in accordance with S610. The full amount of a downpayment shall be applied to the
purchase of the replacement dwelling and shall be shown on the closing statement or other document
acceptable to the Displacing Agency.
4. Is 620] Rental Payments for Displaced Homeowners and Dependents
a. Is 621] Homeowners
A displaced homeowner who elects to rent rather than purchase a replacement dwelling and
who meets the eligibility requirements of S6l6 is eligible for the rent differential payment specified
in S6l8.
b. Is 622] Dependents
A dependent who is residing separate and apart from the person or family providing support,
whether such separate residence is permanent or temporary, shall be entitled to payment under S614,
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 (5 1 %) or more of his or her income in the form of gifts, from any private person
or any academic scholarship or stipend. Full time students shall be presumed to be dependents but
this presumption may be rebutted by demonstrating that fifty percent (50%) or more of their income
is derived from sources other than gifts from another private person or academic scholarship or
stipends.
Dependents residing with the family of which they are a part shall not be entitled to any
payment except as a part of the family.
F. Is 623] Payments to Residents Displaced from Manufactured Homes and Mobile
Homes
1. [S 624] Payments Required
The eligibility requirements and payment provisions of S600 through S619 are applicable to
displaced residents who are owners or tenants of manufactured homes and mobile homes.
2. [S 625] Moving Expenses: Retention and Move of Manufactured Home or Mobile
Home
If a manufactured home or mobile home is moved to another site and the displaced resident
elects to be compensated for actual reasonable moving expenses (and not an alternate payment
pursuant to S603), then the displaced resident shall be paid an amount for moving expenses
determined in accordance with the applicable provisions of S703, Actual Reasonable Moving
Expenses for a displaced business.
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3. l~ 6261 Replacement Housing Payments
The Displacing Agency shall make a replacement housing payment to a displaced resident who
is displaced from his or her manufactured home and mobile home in the following situations:
a. A resident who owns a manufactured home or mobile home and site and, as a
replacement, purchases both a dwelling and site, shall be provided a payment
in accordance with ~604. A resident who owns a manufactured home or mobile
home and site and, as a replacement, rents both a dwelling and site, shall be
provided a payment in accordance with ~6l4.
b. A resident who rents a manufactured home or mobile home and site and, as a
replacement, rents or purchases a dwelling and site, shall be provided a payment
in accordance with ~614.
c. A resident who owns a manufactured home or mobile home and site, and, as a
replacement, purchases a dwelling and rents a site, shall be provided a payment
in accordance with ~604 and ~614. The payment shall be limited to the lesser
of:
(I) The amount necessary to purchase a conventional comparable replacement
dwelling; or
(2) The amount necessary to purchase a replacement manufactured home or
mobile home (in accordance with ~604) plus the amount necessary to rent
a replacement site (in accordance with ~614). In calculating this amount,
the economic rent for the site shall be used in lieu of average monthly
rental to determine base monthly rent.
d. A resident who owns a site from which he or she moves a manufactured home
and mobile home shall be provided a payment under ~604 ifhe or she purchases
a replacement site and under ~614 ifhe or she rents a replacement site.
e. A resident who OVins a manufactured home or mobile home which is acquired
and rents the site shall be provided payment as follows:
(1) If a manufactured home or mobile home is not available the amount
required to purchase a conventional replacement dwelling (in accordance
with ~604);
(2) The amount necessary to purchase a replacement manufactured home or
mobile home (in accordance with ~604) plus the amount necessary to lease,
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rent or make a down payment on a replacement site (in accordance with
~614); or
(3) If he or she elects to rent a replacement manufactured home or mobile
home and site, the amount required to do so in accordance with ~6l4. In
calculating this payment, the average monthly rental shall equal the
economic rent for the manufactured home or mobile home plus the actual
rent for the site.
f. Similar principles shall be applied to other possible combinations of ownership
and tenancy upon which a claim for payment might be based.
G. [~ 627J Proration of Payments
For the purpose of calculating an altemate payment under ~603, or a replacement housing
payment under ~604 or ~6l4, two or more individuals (whether they are members of one family or
not) living together in, and displaced from, a single dwelling shall be regarded as one displaced
resident. If two or more such individuals submit more than one claim, an eligible claimant for a
payment may be paid only his or her reasonable pro rata share (as determined by the Displacing
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, the tenant shall not
be entitled to more than one-half of the rental assistance oavrnent otherwise payable. The
owner-occupant shall not be required to share the reolacement housing oavrnent to which he or she
is entitled or to accept a prorated amount.
H. [~ 628] Payment After Death
A replacement housing payment is personal to the displaced person and upon his or her death
the undistributed portion of any such payment shall not be paid to his or her heirs or assigns, except
that:
l. The cost attributable to the displaced person's actual occupancy of the replacement
housing shall be paid;
2. The full payment shall be disbursed in any case in which a member of a displaced
family dies and the other family members continues to occupy the replacement
dwelling selected in accordance with the regulations in this part; and
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3. That ponion of a replacement housing payment necessary to satisfy the legal
obligation of an estate in connection with the selection of a dwelling by or on behalf
of a deceased person shall be disbursed to the estate.
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I.I~ 7001 RELOCATION PAYMENTS TO DISPLACED BUSINESSES
A. I~ 7011 Payments Required
The Displacing Agency shall compensate the owner of a displaced business for the expenses
described in ~702 through ~706 or ~713 through ~7l9. Whenever the acquisition of real property
used for a business causes the business to move from other real property upon which the same
business is conducted, or to move its personal property therefrom, such business shall receive
payments for moving and related expenses under ~702 and ~703 in connection with its move from
such other real property.
B. [~ 7021 Moving Expenses
1. I~ 703] Actual Reasonable Moving Expenses
A displaced business shall be compensated for the actual reasonable expenses incurred for
moving the business including moving personal property. In all cases the amount of payment shall
not e)(ceed the reasonable cost of accomplishing the activity in connection with which a claim has
been filed.
The moving and related expenses for which claims may be filed shall include:
a. Transportation of persons and property not to exceed a distance of fifty (50)
miles from the site from which the business was displaced, except where the
Displacing Agency determines that relocation beyond such distance offifty (50)
miles is justified;
b. Packing, crating, unpacking, and uncrating personal property;
c. Such storage of personal property for a period generally not to exceed twelve
(12) months, as determined by the Displacing Agency to be necessary in
connection with relocation;
d. Insurance of personal property while in storage or transit;
e. The reasonable replacement value of property lost, stolen, or damaged (not
through the fault or negligence of the displaced business, its agents or
employee) in the process of moving, where insurance covering such loss, theft,
or damage is not reasonably available;'
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f. The cost directly related to displacement of modifying the machinery,
equipment, or other personal property to adapt it to the replacement location or
to utilities available at the replacement location or modifying the power supply.
Claims for payment under this subsection shall be subject to the following
limitations:
(1) Reimbursement costs shall be reasonable in amount.
(2) The cost could not be avoided or substantially reduced at an alternate
available and suitable site to which the business was referred.
g. The cost of any license, permit, or certification required by a displaced business
concern to the extent such cost is necessary to the reestablishment of its
operation at a new location;
h. The reasonable cost of consultants including: architects, engineers, or others
providing general or specialized services necessary for (i) planning the move of
the personal property, or (ii) moving the personal property, or (iii) installing the
relocated personal property at the replacement location. For purposes of this
paragraph, and in order to avoid duplication of payment, all such services shall
not be deemed "necessary" when the services have been or will be provided by
the Displacing Agency or consultants retained by the Displacing Agency. The
necessity of other services not provided by the Displacing Agency shall be
determined by the Displacing Agency.
Payment for all of the above necessary services must be approved in writing by
the Displacing Agency prior to their use. Information on the area of expertise
and the qualifications of such persons must be provided for review, and a
reasonable hourly rate or fee must be approved by the Displacing Agency before
any costs are incurred, otherwise, such services are not reimbursable. An
itemized statement of all services shall be provided to the Displacing Agency
stating the dates of such services; the location where services were provided; the
name, address and telephone of person or firm providing services.
t. Where an item of personal property which is used in connection with any
business is not moved but is replaced with a comparable item, reimbursement
in an amount not to exceed the lesser of:
(J) The reasonable replacement cost of the personal property, minus net
proceeds (if any) realized from the sale of all or part of the property,
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(2) The estimated reasonable cost of moving the personal property, as
determined by the Displacing Agency.
In order to obtain a payment under this paragraph, the displaced business shall
make a bona fide effort to sell the personal property for which the payment is
claimed at the highest price offered afterreasonable efforts have been made over
a reasonable period of time to interested prospective purchasers. The displaced
business shall be reimbursed for the reasonable costs of such effort to sell the
tangible personal property.
J. Where, in the judgment of the Displacing Agency, the cost of moving any item
of personal property of low value and high bulk which is used in connection
with any business would be disproportionate in relation to its value, the
allowable reimbursement for the expense of moving such property shall not
exceed the difference between the cost of replacing the same with a comparable
item available on the market and the amount which would have been received
for such property on liquidation. This provision may, in appropriate situations,
be applied to claims involving the moving of junk yards, stockpiles, sand,
gravel, minerals, metals, and similar property.
k. A displaced business which conducts a lawful activity primarily for assisting in
the purchase, sale, resale, manufacture, processing, or marketing of products,
commodities, personal property, or services by the erection and maintenance of
outdoor advertising displays is entitled to payment for the reasonable cost of
moving such displays or their in-place value, whichever is less.
2. [~704] Actual Direct Loss of Tangible Personal Property
A displaced business shall be compensated for the actual direct loss of tangible personal
property of the displaced business or farm operation attributable to moving or discontinuing such
business. The total amount of the payment by the Displacing Agency for such loss shall not exceed
an amount equal to the estimated reasonable cost of moving the personal property, as determined by
the Displacing Agency. Subject to such limitation, the actual direct loss of personal property for
which claims may be filed shall be determined by appraising either:
a. The in-use value (fair market value of the personal property for continued use
at its location prior to displacement) minus net proceeds realized from the sale
of all or part of the property; or
b. The estimated reasonable costs of relocating the property.
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The actual direct loss of personal propeny shall be computed and based on an appraisal
obtained by either the Displacing Agency or the displaced business, and approved by the Displacing
Agency.
In order to obtain a payment for the actual direct loss of personal propeny, the displaced
business shall make a bona fide effort to sell the personal propeny for which the loss is claimed at
the highest price offered after reasonable efforts have been made over a reasonable period oftime
to interested prospective purchasers. The reasonable cost of an effort to sell the personal propeny
shall be added to the determination ofloss under this section.
In the event personal propeny which is sold or abandoned is promptly replaced with a
comparable item, no payment for the actual direct loss of such personal propeny shall be made to
the displaced business by the Displacing Agency; instead, the displaced business shall be paid the
amount specified in !l703j.
3. [!l 705] Actual Reasonable Expenses in Searching for a Replacement Business
Actual Reasonable Expenses incurred in searching for a replacement business site which may
include: transportation within a radius of fifty (50) miles from the boundaries of the City, meals and
lodging if necessary, an amount to cover time spent during normal working hours and proven
reasonable fees paid to a real estate broker or agent to locate to a new site. The maximum total
amount of reimbursement for searching expenses for a new location is One Thousand and Noll 00
(S 1 ,000.00) Receipted invoices, bills, receipts, and a completed Displacing Agency Searching Cost
Form must be certified and submitted for all expenses claimed. Costs incurred in inspecting sites
beyond a fifty (50) mile radius are not eligible.
C. [S 706] Actual Reasonable Expenses To Reestablish A Small Business or Nonprofit
Organization
1. Eligible Reestablishment Expenses
In addition to lTloving expense payments, a farm, nonprofit organization or small business shall
be entitled to actual and reasonable reestablishment expenses, not to exceed $ I 0,000.00.
Reestablishment expenses shall be only those expenses that are reasonable and necessary and
include, but are not limited to:
a. Repairs or improvements to the replacement property as required by federal,
state or local law, code or ordinance.
b. Modifications to the replacement property to accommodate the business
operation or make replacement suuctures suitable for conducting the business.
c. Construction and installation costs for exterior signing to advertise the business.
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d. Provision of utilities from right-of-way to improvements on the replacement
site.
e. Redecoration or replacement of soiled or worn surfaces at the replacement site,
such as paint, paneling or carpeting.
f. Licenses, fees and permits when not paid as part of moving expenses.
g. Feasibility surveys, soil testing and marketing studies.
h. Advertisement of replacement location.
1. Professional services in connection with the purchase or lease of a replacement
site.
J. Estimated increased costs of operation during the first 2 years at the replacement
site for such items as:
(1) Lease or rental charges,
(2) Personal or real property taxes,
(3) Insurance premiums, and
(4) Utility charges, excluding impact fees.
k. Impact fees or one-time assessments for anticipated heavy usage.
I. Other items essential to the reestablishment of the business.
2. Ineligible Reestablishment Expenses
The following is a nonexclusive listing of reestablishment expenditures not considered to be
. reasonable, necessary, or otherwise eligible:
a.
Purchase of capital assets, such as, office furniture, filing cabinets, machinery,
or trade fixtures.
b.
Purchase of manufacturing materials, production supplies, product inventory,
or other items used in the normal course of the business operation.
c.
Interior or exterior refurbishment at the replacement site which are for aesthetic
purposes, except as provided in ~706 I.e., above.
d.
Interest on money borrowed to make the move or purchase of the replacement
property.
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e. Payment to a pan-time business in the home which does not contribute
materially to the household income.
D. [~707] Business Supplement Payment
Displacing Agency may, in its sole and absolute discretion, and without establishing any
precedent, provide the Displaced Business a "Business Supplement Payment" not to exceed the
amount of $1 0,000. The business supplement payment, or any ponion thereof, shall be in excess
any payment made pursuant to g703 and g706.
The business supplement payment is not mandated by the requirements of the Act nor the
Guidelines, and thus; is provided by the Displacing Agency as an additional benefit in excess of the
requirements of the Act and the Guidelines. A Business Supplement Payment, or any ponion
thereof, made to the displaced business shall be considered payment made pursuant to Code of Civil
Procedures 1263.510 et seq., (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation of
Loss of Goodwill"). Any payment made to the displaced business for loss of goodwill shall be
reduced in the same amount of the business supplement payment.
1. [~ 708] Eligibility
The owner of a displaced business who has owned, occupied, or operated from the business
facility which is acquired by the Displacing Agency for a period of at least 180 days prior to the
initiation of negotiations by the Displacing Agency for acquisition of the business facility or real
property, may file a claim for a business supplement payment. Eligibi]ity for a business supplement
payment is subj ect to the determination of the Director of the Displacing Agency, or his/her
designee, on a case-by-case basis. Written authorization for such a payment must be obtained from
the Displacing Agency prior to the claimant's move from the old location. Compensation under this
section will be approved for payment in advance only if the displaced business demonstrates the
following to the Displacing Agency's satisfaction:
a. The owner rents or purchases a comparable replacement business facility,
functionally equivalent and substantially the same as the acquired facility, as
verified by the Displacing Agency's representative. The payment may be
prorated based upon the relationship of square footage between the old and new
facilities;
b. No other practical potential relocation space exists, available and equal to or less
expensive, after a minimum of 90 days of searching and or cenification by the
Displacing Agency's relocation representative of this situation; and
c. No suitable relocation site is available that does not require such alterations or
improvements, or requires substantially less modification.
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d. The cost of any alteration or improvement is reasonable in amount.
e. The displaced business was entitled to and did not receive compensation for
comparable alterations or improvements at the old location.
f. No alternative means of providing the necessary alterations or improvements to
the new location are available.
g. The alterations or improvements are required by code because of the use.
h. The alterations or improvements relate to a need for access, or are necessary
because of the configuration of the users's operation.
1. The alterations or improvements are related specifically to the nature of the use
and occupancy of the business or are necessary to the operation of the business.
J. The Displacing Agency in its sole discretion may waive one or more of these
provisions on a case-by-case basis.
k. The Displaced business does not file for and obtain an in-lieu or alternate
payment under ~713, below.
2. [~ 709] Eligible Expenses
The "Eligible Reestablishment Expense" categories, as defined in g706, shall pertain to the
eligible expenses for the business supplement payment, whether the displaced business is a large
business, small business, farm or non-profit organization.
In addition to the expense categories as defined in g 706, a displaced business electing to
purchase may be eligible for a business supplement payment to be used as a down payment on a
replacement business facility not to exceed the amount of $1 0,000. The amount of the business
supplement payment for a business that elects to purchase shall be determined by the Director of the
Displacing Agency or his/her designee, in accordance with the following criteria. However, the
Displacing Agency may impose other reasonable conditions upon businesses wishing to purchase.
a. An amount equal to the difference for one year, between the actual or economic
rent of the old location, whichever is higher, and the economic rent of a
comparable site, up to a maximum of $10,000 will be paid into an escrow
toward the down payment. If the escrow does not close, or if the funds
deposited by the Displacing Agency are not used for purposes of this section,
the funds shall be returned by escrow or by the displacee to the Displacing
Agency.
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b. The term "rent" for purposed of this section shall include the following items,
if reasonably required to be paid by the business:
(I) Lease or rental charges,
(2) Personal or real property taxes,
(3) Insurance premiums,
(4) Utility charges, excluding impact fees, and
3. [9 710] Conditions and Limitations
Any displaced business seeking compensation under this section must conform to the
procedures and conditions set forth below:
a. In aIlY case where it appears the move of a displaced business will require
physical changes at the replacement location, the displaced business must
discuss its plans with the Displacing Agency staff or its relocation consultant
prior to initiating any action related to the rental or purchase of the replacement
site.
b. Prior to the displaced business making any commitments for the rental or
purchase of a replacement site, the Displacing Agency and/or its relocation
consultant must be advised of the site selected and of the anticipated chaIlges
needed at the new site.
c. A preliminary inspection shall then be made on the replacement site by the
Displacing Agency and/or its authorized representatives and the Displacing
Agency may in its discretion, contact the city officials about the proposed use
and physical improvements.
d. Subsequent to the inspection and verification of appropriate zoning, the business
must submit the following information to the Displacing Agency.
a. A copy of the lease proposal (minimum of 12 month duration) or a
purchase agreement.
b. A detailed plot plan, to scale and dimension, of the external and internal
layout of the business at its present site.
c. A listing of proposed physical changes both external and internal at the
replacement site, including a detailed list of estimated costs.
d. A scope of services and drawings of the proposed physical changes to scale
and dimension.
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'.
e. A statement explaining why the changes are necessary for the business
concern, e.g., City code requirements, business needs.
f. A Business Supplement Payment Calculation for Businesses Ejecting to
Rent and/or Ejecting to Purchase, as appropriate, a sample of which is
incorporated as Exhibit "B",
4. [~711l Bid and Payment Procedures
a. A scope of services for all physical changes shall be prepared jointly by the
displaced business and the Displacing Agency or its representative. Any
physical changes not approved by the Displacing Agency in writing shall be
done at the sole cost and responsibility of the displaced business. That portion
of the physical changes for which the Displacing Agency is responsible shall be
so specified. The scope of services shall be subdivided to reflect the specific
responsibilities of each trade that will perform a separate category of services
and shall be included with the invitation for bids to contractors.
b. Bids shall be obtained by the business concern. It is the business owners's
responsibility to verify that the bidding parties are licensed by the appropriate
state/city entities to perform the services as outlined on the bid and that the work
to be done is consistent with City zoning and building ordinances and policies.
TIrree finn bids must be obtained if costs exceed $1,000. TIrree sealed firm bids
must be obtained if costs exceed $3,000. Bid forms approved by the Displacing
Agency shall be used for securing bids for physical changes.
c. If the business concern is unable to obtain three bids for any category of work,
its proposal to obtain a lesser number and the justification therefor shall be
submitted, in writing, to the Displacing Agency. No relocation payment shall
be made in such cases unless the Displacing Agency finds the justification
acceptable. In the event that no bids are obtained, the Displacing Agency shall
obtain a technical evaluation of the cost of the proposed physical changes and
allow work to proceed on an actual-cost basis supported by adequate
documentation provided by the business.
d. The business concern shall open sealed bids at a designated time and place. An
authorized Displacing Agency representative shall be present at the opening
unless indicated otherwise by the Displacing Agency. 'Those who have
submitted bids may also be present.
e. The Displacing Agency shall be provided with a copy of each bid submitted
immediately following the bid opening.
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f. If it is deemed desirable by the Displacing Agency solely in its discretion in
order to verify the reasonableness of bids obtained by the business concem, the
Displacing Agency shall obtain an independent analysis or estimate ofthe cost
of the improvements.
g. Any contracts for physical improvements at the new location shall be
exclusively between the business concern and the contractor.
h. The Displacing Agency will review all of the bids and advise the business
owner of the low bid amount. The business owner may, however, use a
different contractor. The Displacing Agency is responsible for reimbursing the
business owner for not more than the lowest bid amount, plus reasonable
unforeseen changes approved in advance in writing by the Displacing Agency.
1. The Displacing Agency must be provided with a copy of the contract between
the business owner and the contractor prior to execution of same, in order that
the Displacing Agency may verify that the contractor and/or the agreement
conforms to the bid and scope of services.
J. Ifprogress payments are required, the business owner must submit copies of the
invoices to the Displacing Agency in a timely manner. Displacing Agency staff
or their representative must inspect the progress on-site, prior to submitting
claims for reimbursement. Once payment is approved by the Displacing
Agency, the check will be issued jointly to the business owner and the
contractor.
k. It is the business owner's responsibility to secure waiver of mechanic's liens on
aH sub-contract labor and materials.
1. All physical changes as approved by the Displacing Agency must be completed
within twelve (J2) months of the date of displacement of the business, or the
Displacing Agency's responsibility to pay for improvements shaH cease.
m. All documented claims for physical. changes must be submitted to the
Displacing Agency within eighteen (J 8) months of the date of displacement, or
tlle Displacing Agency's responsibility to pay for improvements shaH cease.
5. [~ 7121 Limitations
No business supplement payment shall be paid unless the displaced business commences in the
replacement business facility within one year from the date of displacement. If no such business
facility is available during the said one year period, the Displacing Agency may waive this
requirement. Regardless of whether joint occupants displaced from a single business facility are
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reestablished in more than one replacement facility, the business supplement payment shall not
exceed the maximum in an aggregate amount of S 1 0,000.
F. l~ 7131 Alternate Payment
1. [~714] Determination of Payments
a. [~ 715] Amount of Payment
A displaced business which moves or discontinues, and which meets the eligibility
requirements of~717, may elect to receive and shall be paid, in lieu of the payments for which it is
otherwise entitled under ~702, a payment equal to the average annual net earnings of the business,
except that such payment shall not be less than one thousand dollars ($1 ,000.00) or more than twenty
thousand dollars ($20,000.00). Said dollar limitation shall apply to a single business regardless of
whether it is carried on under one or more legal entities.
b. [~716] Determination of Number of Businesses
In determining whether one or more legal entities, all of which have been acquired, constitute
a single business, the following factors among others, shall be considered:
(I) The extent to which the same premises and equipment are shared;
(2) The extent to which substantially identical or intimately interrelated
business functions are pursued and business and financial affairs are
commingled;
(3) The extent to which such entities are held out to the public, and to those
customarily dealing with such entities, as one business;
(4) The extent to which the same person or closely related persons own,
control, or manage the affairs of the entities.
2. l~ 717] Eligibility
a. [~ 7181 Business
A displaced business is eligible for the payment provided for in ~713 only if the Displacing
Agency determines that:
(J) The business is not operated solely for rental purposes and cannot be
relocated without a substantial loss of its existing patronage, based on a
consideration of all pertinent circumstances including such factors as the
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type of business conducted, the nature of the clientele, the relative
importance to the displaced business of its present and proposed location,
and the availability of a suitable relocation site;
(2) The business is not part of a commercial enterprise having no more than
three (3) other establishments which are not being acquired for a project
and which is engaged in the same or similar business. Whenever the sole
remaining facility of a business has been displaced from its principal
location:
(a) Has been in operation for less than two years;
(b) Has had average annual gross receipts of less than $2,000.00 during
the two taxable years prior to displacement of the major component
of the business; or
(c) Has had average annual net earnings ofless than $1,000.00 during the
two taxable years priorto displacement of the major component of the
business, the remaining facility will not be considered another
"establishment" for purposed of this section; and
(3) The displaced business:
(a) Has average annual gross receipts of at least 55,000.00 during the two
taxable years prior to displacement; or
(b) The displaced business had average annual net earnings of a least
$1,000.00 during the two taxable years prior to displacement; or
(c) The displaced business contributed at least 331/3 percent of the total
gross income of the owner(s) during each of the two taxable years
prior to displacement. If in any case, the Displacing Agency
determines that the two year period prior to displacement is not
representative of average receipts, earnings or income, the Displacing
Agency may make use of a more representative period.
(d) If application of the above criteria creates an inequity or hardship, the
Displacing Agency may use other criteria as permitted in 49 CFR
24.306.
b. [~ 719] Nonprofit Organizations
For purposes ofapplying g713 to nonprofit organizations, no payment shall be made unless the
Displacing Agency determines that:
g. The nonprofit organization cannot be relocated without a substantial loss
of its existing patronage (the term "existing patronage" as used in
connection with a nonprofit organization includes the membership,
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persons, community, or clientele served by the activities of the nonprofit
organization); and
h. The nonprofit organization is not a part of an enterprise having more than
three (3) other establishments not being acquired which is engaged in the
same or similar activity.
3. [~ 720] Loss of Goodwill
When payment under this section will precede settlement of a claim for compensation for loss
of goodwill under the Eminent Domain Law, the Displacing Agency before tendering payment shall
state in writing what portion of the payment, if any, is considered to be compensation for loss of
goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedures
1263.510 et seq., (the Eminent Domain Law, Chapter 9, Anicle 6 - "Compensation of Loss of
Goodwill") will be reduced in the same amount. The portion considered to be compensation for loss
of goodwill shall not exceed the difference between the payment made under this section and an
amount which reasonably approximates the payments for which the displaced person otherwise
would be eligible to receive under ~703 through ~712. Failure to provide such written statement and
explanation shall constitute a conclusive indication that no portion of the payment is considered to
be compensation forloss of goodwill for the purposes of that portion of the Code of Civil Procedure
referenced above.
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VIII. [~800) CITIZEN PARTICIPATION
A. l~ 801) General Requirements
The Displacing Agency shall assure the following:
1. Timely and full access to all documents relevant to the relocation program. The
Displacing Agency may reasonably restrict access to material where its
confidentiality is protected by law or its disclosure is prohibited by law.
The Displacing Agency shall ensure that the information in documents, the provision
of which would result in disclosure of the identity of eligible persons, is provided in
a manner designed to avoid such disclosure. This obligation to avoid improper
disclosure shall not affect the right of the person to which the information relates, or
any other person authorized in writing by such person, to inspect such documents.
2. The provision of technical assistance necessary to interpret elements of the relocation
plan and other pertinent materials.
3. The right to submit wrinen or oral comments and objections, including the right to
submit wrinen comments on the relocation plan and to have these comments attached
to any Relocation Plan when it is forwarded to the City Council. (see S3l9 et seq.)
4. Prompt, written responses to any written objections or criticisms.
B. [~ 8021 Relocation Committee
When a substantial number of persons will be displaced from their dwellings, the Displacing
Agency shall encourage the residents and community organizations in the displacement area to form
a relocation committee. The committee shall include, when applicable, residential owner occupants,
residential tenants, business people, and members of existing organizations within the area. In lieu
of initiating a new process of citizen participation, public entities which have conducted or are
conducting a citizen participation process as part of an existing development program may substitute
such process if it satisfied the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings, the Displacing
Agency shall at least consult with and obtain the advice of residents and community organizations
and make the relocation plan available to such persons and organizations prior to submitting it to the
legislative body for approval.
c. [~ 803] Replacement Housing Committee
The Displacing Agency shall establish a Replacement Housing Committee when required as
described in S409
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IX. [~900] CLAIM AND PAYMENT PROCEDURES;
TER.MINATION OF RELOCATION ASSISTANCE
A. [~ 90 I I Filing of Claims
All claims for relocation assistance and payments filed with the Displacing Agency shall be
submitted within eighteen (18) months of the date on which the claimant receives final payment for
the property or the date on which claimant moves, whichever is later. The Displacing Agency may,
in its sole discretion, extend this period upon a proper showing of good cause.
B. [~ 902] Documentation in Support of Claim
1. [~ 903] Moving Expenses
a. [~ 904] Commercial Moves
Except in the case of a displaced resident or displaced business electing to "self move", a claim
for payment of actual reasonable moving expenses shall be supported by a bill or other evidence of
expenses incurred.
Each claim in excess of one thousand dollars ($1,000) for the costs incurred by a displaced
business in moving the business operation shall be supponed by at least three (3) competitive bids.
If the Displacing Agency determines that compliance with the bid requirement is impractical, or if
estimates in an amount less than one thousand dollars (S 1 ,000) are obtained, a claim may be
supponed by estimates in lieu of bids.
b. [~ 905] Self-Moves
Approval of a self-move shall be conditioned upon whether the displaced business has a
permanent replacement site to move to. If so, the Displacing Agency may, at its sole discretion,
approve a payment for moving expenses, in an amount not to exceed the lowest acceptable bid or
estimate obtained by the Displacing Agency. A self-move to storage may be approved by the
Disp]acing Agency at its sole discretion.
c. [~ 906] Exemption from Public Utilities Commission Regulations
Whenever the Displacing Agency must pay the actual cost of moving a displaced person or
business, the costs of such move shall be exempt from regulation by the Public Utilities
Commission. The Displacing Agency may solicit competitive bids from qualified bidders for
performance of the work. Bids submitted in response to such solicitations shall be exempt from
regulation by the Public Utilities Commission.
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2. [99071 Loss of Property
A claim by a displaced business for payment for the actual direct loss of tangible personal
property pursuant to 9704 shall be supported by wrinen evidence of loss which may include
appraisals, certified prices, bills of sale, receipts, canceled checks, copies of advertisements, offers
to sell, auction records, and other records appropriate to support the claim or the Displacing Agency
may agree as to the value of the property left in place.
3. [9908] Proof of Earnings
If a displaced business elects to receive an alternate payment pursuant to 9718 of these Rules
and Regulations, the business shall provide proof of its earnings to the Displacing Agency. Proof
of earnings for the last five (5) business years may be established by income tax returns, financial
statements and accounting records or similar evidence acceptable to the Displacing Agency.
c. [9909] Payment of Moving Expenses
1. [9910] Advance Payment
An eligible displaced resident or displaced business may be paid for his or her anticipated
moving expenses in advance of the actual move. The Displacing Agency shall provide advance
payment whenever later payment would result in financial hardship. Particular consideration shall
be given to the financial limitations and difficulties experienced by low and moderate income
residents and small fann and business operations.
2. [9911] Direct Payment
By prearrangement between the Displacing Agency, the displaced resident or displaced
business, and the mover, evidenced in writing, the claimant or the mover may present an unpaid
moving bill to the Displacing Agency, and the Displacing Agency may pay the mover directly.
3. [9912] Methods Not Exclusive
The specific provisions of these Rules and Regulations are not intended to preclude the
Displacing Agency's' reliance upon other reasonable means of effecting a move, including
contracting moves and arranging for assignment of moving expense payments by displaced persons.
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D. Is 9131 Payments for Replacement Dwellings
1. Is 9141 Payment for Purchase of Comparable Replacement Dwelling
a. Is 915J Disbursement
When the Displacing Agency has determined the amount of the payment for purchase of a
comparable replacement dwelling to which the displaced resident is entitled and has verified that the
displaced resident occupies a comparable replacement dwelling, payment shall be made to the
displaced resident.
b. [s 916] Provisional Payment Pending Condemnation
If the exact amount of a replacement housing payment cannot be determined because of a
pending condemnation suit, the Displacing Agency may, at the Displacing Agency's sole discretion,
make a provisional replacement housing payment to the displaced homeowner equal to the difference
between the Displacing Agency's maximum offer for the property and the reasonable cost of a
comparable replacement dwelling, but only if the homeowner enters into an agreement that upon
final adjudication of the condemnation suit the replacement housing payment will be recomputed
on the basis of the acquisition price determined by the court. If the acquisition price as determined
by the court is greater than the maximum offer upon which the provisional replacement housing
payment is based, the difference shall be refunded by the homeowner to the Displacing Agency. If
the acquisition price as determined by the court is less than the maximum offer upon which the
provisional replacement housing payment is based, the difference shall be paid to the homeowner.
An agreement shall be entered into between the Displacing Agency and the displaced homeowner
setting forth terms and conditions for payment and refund of such amounts.
c. Is 9171 Certificate of Eligibility
Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a
comparable replacement dwelling, but who is otherwise eligible for a replacement housing payment,
the Displacing Agency shall certify to any interested party, financial institution or lending agency,
that the displaced homeowner or tenant will be eligible for the payment of a specific sum ifhe or she
purchases and occupies a dwelling within the time limits prescribed.
2. Is 918] Rent Differential Payments
When the Displacing Agency has determined the amount of the rent differential payment to
which the displaced resident is entitled and has verified that the displaced resident occupies a
comparable replacement dwelling, payment shall be made in a lump sum to the displaced resident
unless the payment is, as determined by the Displacing Agency in its sole discretion, in excess of
the maximum amount set forth in 96 1 5, in which case payments may be made in periodic
installments.
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E. [ll919J Termination of Relocation Assistance
The Displacing Agency's relocation obligations cease under the following circumstances:
I. A displaced resident moves to a comparable replacement dwelling and receives all
assistance and payments to which he or she is entitled;
2. The displaced resident moves to substandard housing and refuses reasonable offers
of additional assistance in moving to a decent, safe and sanitary replacement dwelling
and receives all payments to which he or she is entitled;
3. All reasonable efforts to trace a person have failed;
4. The business concern or farm operation has received all assistance and payments to
which it is entitled and has been successfully relocated or has ceased operations;
5. A person displaced from his or her dwelling, business or fann operation refuses
reasonable offers of assistance, payments and comparable replacement dwellings.
The Displacing Agency detennines a relocatee is not a Displaced Person or is otherwise
not entitled to relocation assistance.
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x. [910001 GRJEVANCE PROCEDURES
A. [910011 Purpose
The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant
and the Displacing Agency at the lowest possible administrative level while affording the claimant
an opportunity to have a full and fair review of his or her case. Therefore, all relevant evidence
should be presented at the lowest level of these proceedings. In any case where such evidence could
have been presented at a lower level and the claimant failed to do so, the Relocation Appeals Board
may refer the matter back to the lower level for consideration and detennination prior to their
considering such evidence.
B. [91002] Right of Review
Any displaced person who is not satisfied with a determination as to eligibility, amount of
payment, and failure by the Displacing Agency to provide comparable pennanent or adequate
temporary replacement housing or the Displacing Agency's property management practices, or not
properly applying appropriate regulations, at his or her eJection may have his or her claim reviewed
and reconsidered in accordance with the following procedures.
C. [91003] Request for Further Written Information
A claimant shall first request the Displacing Agency's designated representative to provide him
with a full written explanation of the detennination and the basis therefor, which explanation shall
be provided to the claimant within three weeks from the date of receipt of the request. This request
must be made within the same 18 month period described in S 1 009.
D. [91004] Informal Oral Presentation
If the claimant feels that the written explanation is incorrect or inadequate, he or she may
request an inforro.al hearing with the Director. All such requests shall be in writing and shall be
accompanied by a relocation complaint form if required by the Displacing Agency. Claimant shall
have the burden of detennining whether the Displacing Agency requires submittal of a complaint
form. The request for an informal hearing must be submitted to the Director within the same 18
month period described in S I 009.
Within fifteen (15) days from the date of receipt of claimant's written request, including a
relocation complaint form (incorporated as Exhibit "C"), claimant shall be afforded an opportunity
to make an oral presentation to the Director to enable the claimant to discuss the claim with the
Director. The claimant may be represented by an attorney or other person of his or her choosing at
the oral hearing (at the cost of the claimant).
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The Director shall prepare a summary of the matters discussed and determinations made during
the informal oral hearing, place a copy of the summary in claimant's file, and serve a copy thereof
upon the claimant.
E. Is 1005] Written Request for Review and Reconsideration
At any time within the period described in 91009 a claimant may file a written request for
formal review and reconsideration. The claimant may include in the request for review any
statement of fact within the claimant's knowledge or belief or other material which may have a
bearing on the appeal. If the claimant requests more time to gather and prepare additional material
for consideration orreview and demonstrates a reasonable basis therefor, the claimant's request shall
be granted.
F. Bi 1006j Formal Review and Reconsideration by Displacing Agency Director
I. The Director of the Displacing Agency shall consider the request forreview and shall
decide whether a modification of the initial determinations necessary. The Director
shall have the authority to revise the initial detennination or the detennination of a
previous oral presentation. The Director shall consider every aggrieved person's
compliant regardless of form, and shall if necessary provide assistance to the claimant
in preparing the written claim. When a claimant seeks review, the Director shall
inform claimant he or she has the right to be represented by an attorney, to present
his or her case by oral or documentary evidence, to submit rebuttal evidence, and to
conduct such cross-examination, as may be required, for a full and true disclosure of
facts, and to seek judicial review once claimant has exhausted administrative appeal.
2. The Director shall review and consider the initial determination of the claimant's case
in light of:
a. All material upon which the Displacing Agency based its original detennination
including all applicable rules and regulations, except that no evidence shall be
relied upon where a claimant has been improperly denied an opportunity to
controvert the evidence or cross-examine the witness.
b. 1be reasons given by the claimant for requesting review and reconsideration of
his or her claim.
c. Any additional written or relevant documentary material submitted by the
claimant.
d. Any further information which the Director may, in his or her discretion, obtain
by request, investigation or research, to insure fair and full review of the claim.
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3. The determination on review by the Director shall include, but is not limited to:
a. The Director's decision on reconsideration of the claim.
b. The factual and legal basis upon which the decision is based, including any
pertinent explanation or rationale.
c. A statement of claimant's right to seek further review of his or her claim by the
Relocation Appeals Board and an explanation of the steps the claimant must
take to obtain this review.
The Director shall issue his or her determination of review as soon as possible but no later
than forty-five (45) days from receipt of the last material submitted for consideration by the claimant
or the date of the hearing, whichever is later.
In case of complaints dismissed for untimeliness or for any other reason not based on the
merits of the claim, the Director shall furnish a written statement to claimant stating the reason for
the dismissal of the claim as soon as possible but not later than fifteen (J 5) days from receipt of the
last material submitted by the claimant or the date of the hearing, whichever is later.
G. [~ 1007] Appeals Board Review
If the claimant feels that the Director's determination following the informal oral hearing, or
written review by the Director is incorrect or inadequate, he or she may request a formal hearing
before a Relocation Appeals Board.
~,u
To obtain a formal hearing before a Relocation Appeals Board the claimant must request in
writing that the Director schedule such a hearing..Such request shall be made within the period
described in S I 009.
I. Within fifteen (15) days from the date of receipt of claimant's written request, he or
she will be notified of the formal hearing date. If the claimant requests additional
time to prepare material for consideration and shows good cause therefor, the hearing
date shall be continued to another date.
2. The Relocation Appeals Board shall have the authority to revise the pnor
detennination of the Director.
3. The Relocation Appeals Board shall, at the time it gives notice of the formal hearing
date, notify the claimant that he or she has the right to be represented by an attorney
or others at his or her own expense, to present his or her case by oral or documentary
evidence; the right to submit oral or documentary evidence; the right to submit
rebuttal evidence to conduct such cross examination as may be required for a full and
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true disclosure of facts: and the right to seek judicial review once claimant has
exhausted administrative appeal.
4. The Relocation Appeals Board shall review the initial determination or the
determination made at an informal hearing taking into consideration all material upon
which the challenged determination was made, all applicable rules and regulations,
the reasons given by the claimant for requesting review, any additional relevant
evidence, oral or documentary, submitted by either the claimant or the Displacing
Agency's representatives. No evidence may be relied upon by the Relocation
Appeals Board where the claimant has been improperly denied an opportunity to
rebut evidence or cross-examine a wimess.
5. The Relocation Appeals Board shall make its recommendation within six weeks from
the date on which the formal hearing is concluded or the date of receipt of the last
material submitted, whichever is later.
6. The Relocation Appeals Board's recommendation shall be made in writing and shall
contain its recommendation, the factual and legal basis upon which the
recommendation is made and a statement informing the claimant of his or her right
to seek judicial review.
7. The claimant and the Displacing Agency's governing body shall be promptly served
with a copy of the Relocation Appeals Board's recommendation.
B. [~ 1008] Determination by City Council or Agency Board
Upon reviewing the recommendation of the Relocation Appeals Board, the Director shall refer
the recommendation to the City Councilor Agency Board, as applicable, at its next regular meeting
and the City Councilor Agency Board shall thereupon fix a time for considering the matter, which
time shall be not less than thirty (30) days from the time the recommendation is delivered to the City
Councilor Agency Board by the Director.
On the date thus fixed, or on the date to which the matter shall have been continued, the City
Councilor Agency Board shall proceed to consider the recommendation of the Relocation Appeals
Board and shall make and enter on its minutes its final determination therein, which may confirm,
modify, or set aside the findings of the Relocation Appeals Board. The City Council's or Agency
Board's determination in the matter shall be final and conclusive. The Displacing Agency shall
provide a written determination to the claimant.
The claimant shall be deemed to have exhausted hislher administrative remedies upon the
Displacing Agency taking action upon hislher appeal or the failure of the claimant to timely pursue
its rights hereunder.
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1. Ig 1009] Time Limits
A claimant desiring either an informal oral presentation or seeking a formal review and
reconsideration, including seeking the review of the Relocation Appeals Board, shall make a request
within eighteen (18) months following the later of (i) the date he/she moves from the property or (ii)
the date he/she receives final compensation for the property. The Director may, but is not required
to, extend any ofthe time limits specified in this Article upon a showing of good cause. Any refusal
to waive a time limit may be reviewed in accordance with the procedures set forth in sections l003
and 1007 above; except that such written request for review shall be filed within ninety (90) days
of claimant's receipt of the Displacing Agency's determination.
J. IgI010] Review of Files By Claimant
The claimant may inspect all files and records bearing upon his or her claim or the prosecution
of the claimant's grievance, except to the extent the confidentiality of the material sought or the
disclosure thereof is protected or prohibited by law.
K.lgI011] Effect of Determination
Determinations made by the Displacing Agency with respect to acquisition and relocation
policies and procedures shall be applicable to all eligible persons in similar situations regardless of
whether any such eligible person seeks a review. All written determinations shall be filed in the
records of the Displacing Agency and available for public inspection.
L. [g 1012] Right to Counsel
Any claimant has the right to be represented by an attorney at his or her expense at any and all
stages of the proceedings set forth in this Article.
M. [g 1013] Further Review
If the Displacing Agency, as set forth in 1} I 008, denies the eligibility of a claimant for a
payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits
because of untimely filing, or any other ground, the Displacing Agency's notification to the claimant
of its determination shall inform the claimant of its reasons therefor, and shall also inform the
claimant of the applicable procedures for obtaining further review of this determination.
~. [g 1014] Joint Complainants
Where more than one person is aggrieved by the failure of the Displacing Agency to refer them
to comparable permanent or adequate temporary replacement housing, the complainants may join
in filing a single written request for review. A determination shall be made as herein provided for
each of the complainants.
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O. Is 1015] Judicial Review
Nothing in this section shall in any way preclude or limit a claimant from seeking judicial
review of a claim upon exhaustion of such administrative remedies as are available underthese Rules
and Regulations.
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XI.[~ 1100] ACQUISITION PROCEDURES
These acquisition procedures are intended to comply with the guidelines set forth in 117267,
117267.1 and S7267.2 of the Government Code which the Displacing Agency shall follow prior to
the adoption of a Resolution of Necessity. Compliance with these procedures shall enable the
Displacing Agency to declare upon adopting a Resolution of Necessity that it has found and
determined pursuant to Code of Civil Procedure 11 1245.230, that either the offer required by ~7267.2
of the Government Code has been made to the owner or owners of record, or the offer has not been
made because the owner cannot be located with reasonable diligence. These acquisition procedures
shall only apply to those acquisitions by the Displacing Agency that are subject to the provisions set
forth in sections 7267 to 7267.7, inclusive, of the Government Code.
A. [~11011 Acquisition of Property by Negotiation
The Displacing Agency shall make every reasonable effort to acquire property by negotiation
and to do so expeditiously. These acquisition procedures shall not apply to the entry upon property
pursuant to 11 1245.01O of the Code of Civil Procedures in order to make photographs, studies,
surveys, examinations, tests, soundings, borings, samplings or appraisals or to engage in similar
activities reasonably related to acquisition or use of the property for that use, nor shall these
acquisition procedures apply to the acquisition of any easement, right-of-way, covenant, or other
non-possessory interest in real property to be acquired for the construction, reconstruction, alteration,
enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or
appurtenances, drains, septic tanks, or storm water drains.
B. [~1102] Appraisal of Property
Before negotiations are initiated to acquire property, the Displacing Agency shall have the
property appraised, and shall give the owner or his or her designated representative an opportunity,
by reasonable advance written notice, to accompany the appraiser during the inspection of the
property. The Displacing Agency shall not be required to have the property appraised where the
property is "offered for sale" within the meaning of Government Code 1I7267.2(b), or where the
property is acquired by donation to the Displacing Agency.
c. [~ 1103] Notice of Decision to Appraise
1. [~ 1104J Contents of Notice
The Displacing Agency shall provide the owner with written notice of its decision to appraise
the real property as soon as possible after the decision to appraise has been reached. The notice
shaH, at a minimum, contain the following:
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a. A statement that a specific area is being considered for a panicular public use,
i.e., the project;
b. A statement that the owner's property is located within the project area;
c. A statement that the owner's property, which shall be generally described, may
be acquired in connection with the public use; and
d. A statement that the owner or his or her representative (designated in writing)
shall be given the opportunity to accompany each appraiser during his or her
inspection of the property.
2. [9 11 05] Information Statement: Property Acquisition Procedures
At the time the Displacing Agency notifies an owner of its decision to appraise real property,
it shall furnish the owner with a written explanation of its land acquisition procedures, describing
in non-technical, understandable tenns the Displacing Agency's acquisition procedures and the
principal rights and options available to the owner. Such statement shall infonn the owner that if
the Displacing Agency decides to acquire the subject property, certain prescribed land acquisition
procedures will be followed. The statement shall also include the following explanations:
a. A description of the basic objective of the Displacing Agency's land acquisition
program and a reference to the availability of the Displacing Agency's written
explanation concerning the relocation benefits to which an owner-occupant may
be eligible.
b. A statement that, if the acquisition of any pan of the real property would leave
the owner with an uneconomic remnant, the Displacing Agency will offer to
acquire the uneconomic remnant, if the owner so desires.
c. A statement that, if the owner of real property is also the owner of a business
conducted on the real property to be acquired, or on any remainder parcel, the
owner may have a right to compensation for loss of goodwill. The Displacing
Agency shall include a copy of the pertinent provisions of the Eminent Domain
Law pertaining to compensation for loss of goodwill set forth in Code of Civil
Procedure, ~ 1263.51 0 et seq., as well as a copy of the sections of these Rules
and Regulations commencing with ~ 1116.
d. A statement that, if the owner is not satisfied with the Displacing Agency's offer
of just compensation, the owner will be given a reasonable opportunity to
present any relevant material, which the Displacing Agency will carefully
consider, and that if a voluntary agreement cannot be reached, the Displacing
Agency, as soon as possible, will either hold a hearing in connection with the
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matter of a Resolution of Necessity or give notice that it does not intend, at this
time, to proceed with acquisition of the property.
e. A statement that the Displacing Agency shall schedule the construction or
development of a project such that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a dwelling
(assuming a comparable replacement dwelling will be available) or to move his
or her business without at least 90 days written notice from the Displacing
Agency of the date by which the move is required.
f. A statement that if the Displacing Agency arranges to rent the property to an
owner or his or her tenant for a short term, or for a period subject to termination
by the Displacing Agency on short notice, the rental will not exceed the lesser
of the fair rental value of the property to a short term occupier or the pro rata
portion of the fair market value for a typical rental period. If the owner or tenant
is an occupant of a dwelling, the rental for the dwelling shall be within his or her
financial means.
D. [~ 1106] Prior to Making an Offer to Purchase
Prior to making an offer to purchase the property, the Displacing Agency shall make reasonable
efforts to determine the identity of the owner and other interested parties.
1. [~ 11 07] Record Title
The Displacing Agency shall obtain reasonably current preliminary title reports, litigation
guarantees, reports, lot book reports, county assessment records or other information
reasonably accessible from the public records of the County, to identify the name and address
of the record owner of the property.
2. [~ 1108] Occupants
The Displacing Agency shall conduct a reasonable visual inspection of the property to
identify tenants, residents, businesses, or other persons in possession of the property who have,
or, by their occupation of the property, may have, a compensable interest in the property and
shall make a reasonable inquiry of the record owner as to the owner's knowledge concerning
such occupants.
3. [~ 1109] Notices to Contact Owner
Any notifications or other attempts to contact the owner and other interested panies shall
be made at the property if the owner or other interested parties are present on the property.
Otherwise, such notifications and contacts shall be made at the last known or most current
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address of the owner or other interested panies, as may be reasonably available to the
Displacing Agency.
4. [S 1110] Identity and Address of Owner
If the identity and address of the owner or other interested panies cannot be located by
search of the public records or by inspection of the property, in order to anempt to obtain such
information, the Displacing Agency shall make further good faith efforts to identify and locate
the owner and other interested panies, induding, for example, contact with utility companies
servicing the property, and inquiry of the Displacing Agency's licensing depanment, building
and safety dep311ment, and any other departments to which property owners make reports, file
applications or otherwise transact business. The Displacing Agency shall also consult other
probable sources of such information.
E. [S 1111) Establishment of Just Compensation
1. Before negotiations are initiated to acquire property, the Displacing Agency shall
establish an amount it believes to be just compensation for the property to be
acquired, which amount shall, in no event, be less than the Displacing Agency's
approved appraisal of the fair market value of the property. The appraisal shall not
be deemed approved unless it has been reviewed to the satisfaction of the Displacing
Agency or its designated officer and the Displacing Agency or its designated officer
has determined in writing that the appraisal is approved. The Displacing Agency may
initiate negotiations without first having obtained an appraisal in the event the
property to be acquired has a low market value not justifying, in the opinion of the
Displacing Agency the expense or delay of an appraisal and the owner of the property
agrees, in writing, to sell or donate the property without an appraisal having first been
obtained and approved by the Disp]acing Agency.
The determination of just compensation shall be based upon consideration of:
a. The real property being acquired;
b. Where the real property acquired is pan of a larger parcel, any damages to the
remainder; and
c. Loss of goodwill where the owner of the property is also the owner ofa business
conducted on the property to be acquired or on the remainder, and where the
provisions of the Eminent Domain Law pertaining to compensation for loss of
goodwill are satisfied.
2. Notwithstanding subdivision I of this section, the Displacing Agency may make an
offer to the owner or owners of record to acquire real property for less than an
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amount which it believes to be just compensation thereofif(J) the real property is
offered for sale by the owner at a specified price less than the amount the Displacing
Agency believes to be just compensation therefor, (2) the Displacing Agency offers
a price which is equal to the specified price for which the property is being offered
by the landowner, and (3) no federal funds are involved in the acquisition,
construction, or project development.
3. As used in subdivision 2 of this section, the term "offered for sale" means any of the
following:
a. Directly offered by the landowner to the Displacing Agency for a specified price
in advance of negotiations by the Displacing Agency.
b. Offered for sale to the general public at an advertised or published, specified
price set no more than six (6) months prior to and still available at the time the
Displacing Agency initiates contact with the landowner regarding the
Displacing Agency's possible acquisition of the property.
F. [S 1112] Uneconomic Remnant; Donation of Property
I. J. Whenever a portion of property is to be acquired by the Displacing Agency for a public
use and the remainder will be left in such size, shape or condition as to constitute an
uneconomic remnant, the Displacing Agency shall offer to acquire the entire property if
the owner so desires. An uneconomic remnant is a parcel ofreal property in which the
owner retains an interest after partial acquisition of the property and which has little or no
utility or value to such owner.
1. 1. A person whose real property is being acquired, may, after the person has been fully
informed of his or her right to receive just compensation for the property, donate the
property, any part thereof, any interest therein, or any compensation paid therefor to a
public entity determined by the person.
G. [S 1113] Initiation of Negotiations
1. [S 1114] Written Offer
The Displacing Agency shall make its first written offer to acquire the property as soon as
practicable following service of the Notice of Decision to Appraise. Such offer shall be made as
soon as possible after the amount of just compensation is established by the appraisal. The offer
shall include the full amount of just compensation established, unless otherwise indicated in the
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offer, and shall represent the fair market value of the property identified in the offer to be acquired
without apportionment between the parties who may claim a compensable interest in the property.
2. [9 11151 Statement of the Basis of Just Compensation
At the time the Displacing Agency makes its offer to acquire the property it shall provide the
owner with a written statement of the basis for its determination of just compensation. The
statement shall include the following:
a. A general statement of the public use for which the property is to be acquired;
b. A description of the location and extent of the property to be taken, with
sufficient detail for reasonable identification and the interest to be acquired;
c. An inventory identifying the buildings, structures, fixtures, and other
improvements;
d. A recital ofthe amount of the offer and a statement that such amount:
(1) Is the full amount believed by the Displacing Agency to be just
compensation for the property taken;
(2) 1s not less than the approved appraisal of the fair market value of the
property;
(3) Disregards any decrease or increase in the fair market value of the real
property to be acquired prior to the date of valuation caused by the project
for which the property is to be acquired, or by the likelihood that the
property would be acquired for such proj ect, other than that due to physical
deterioration within the reasonable control of the owner or occupant;
(4) Does not reflect any consideration of or allowance for any relocation
assistance and payments or other benefits which the owner is entitled to
receive under an agreement with the Displacing Agency except for an
amount to compensate the owner for that portion of loss of goodwill
provided in accordance with 96100 of the state Guidelines;
e. If the owner of real property to be acquired is also the owner of a business
conducted upon the property or the remainder, the statement shall include an
indication of the amount of compensation for loss of goodwill, if any.
f. If after receiving the Displacing Agency's offer the owner requests additional
information regarding the determination of just compensation, the Displacing
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Agency shall provide the following information to the extent that the
determination of just compensation is based thereon:
(I) The date of valuation used.
(2) The highest and best use of the property.
(3) The applicable zoning.
(4) Identification of some of the sales, contracts to sell and purchase, and
leases supporting the determination of value.
(5) If the property is a portion of a larger parcel, a description of the larger
parcel, with sufficient detail for reasonable identification.
g. With respect to each sale, contract, or lease provided in accordance with subdivision
f.(4) of Sl 1 15 above, the following data should be provided:
(I) The names and business orresidenceaddresses, ifknown, of the parties to
the transaction.
(2) The location of the property subject to the transaction.
(3) The date of the transaction.
(4) The price and other significant terms and circumstances of the transaction,
if known. In lieu of stating the other terms and circumstances, the
Displacing Agency may, ifthe document is available for inspection, state
the place where and the times when it is available for inspection.;
h. The requirements of this subsection do not apply to requests made after an eminent
domain proceeding is commenced.
H. [~ 1116] Right to Obtain Payment
Nothing in these acquisition procedures shall be construed to deprive a tenant of the right to
obtain payment for his or her property interest as otherwise provided by law.
I. [~ 1117) Loss of Goodwill
As soon as practicable after the initiation of negotiations the Disp]acing Agency shall provide
written notification to the owner of a business conducted on the real property to be acquired or on
the remainder, who is not also the owner of the real property, concerning his or her possible right
to compensation for loss of goodwill. The Displacing Agency shall include a copy of the provisions
of the Eminent Domain Law pertaining to compensation for loss of goodwill set forth in Code of
Civil Procedure, S] 263.51 O. The Displacing Agency shall also include a copy of the portion of these
Rules and Regulations pertaining to compensation for loss of goodwill.
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J. 19 1118] Compensation for Loss of Goodwill
The procedure for determining and offering compensation for loss of goodwill in connection
with the Displacing Agency's acquisition of any propeny shall be governed by 91118 through
91124, inclusive, of these Rules and Regulations.
1. [91119] Compensation Generally
With respect to the owner of a business conducted on property acquired by the Displacing
Agency, or on the remainder if such property is pan of a larger parcel, the amount of just
compensation to be paid by the Displacing Agency may include consideration ofloss of goodwill,
to the extent required by law and these Rules and Regulations.
Within the meaning of these Rules and Regulations, "goodwill" consists of the benefits that
accrue to a business as a result of its location, reputation for dependability, skill or quality, and any
other circumstances resulting in probable retention of old or acquisition of new patronage.
The owner of a business shall be compensated for loss of goodwill if the owner proves all of
the following:
a. The loss is caused by the taking of the propeny or the injury to the remainder;
b. The loss cannot reasonably be prevented by the relocation of the business or by
taking steps and adopting procedures that a reasonably prudent person would
take and adopt in preserving the goodwill;
c. Compensation for the loss will not be included in payments under 9700 of these
Rules and Regulations or under 97262 of the Government Code;
d. Compensation for the loss will not be duplicated in the compensation otherwise
paid to the owner.
2. [9 11201 Notice ofIntent to Claim Loss of Goodwill
The owner of a business conducted on property acquired by the Displacing Agency, or on the
remainder if such property is part of a larger parcel, may, at any time prior to relocating from, or
discontinuing its operation on, the propeny, notifY the Displacing Agency of its intent to provide any
information, materials, or data in order to satisfY the requirements of subdivisions (a) through (d),
inclusive, of 9 1 118.
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3. [~ 11211 Conference to Discuss Eligibility to Receive Compensation for Loss of
Goodwill
Upon receipt of the notice required by S 1120, the Director or his or her designee shall confer
with the business owner regarding the owner's claim for compensation for loss of goodwill. Based
upon review and consideration of information presented at the conference, the Director shall make
a recommendation to the City Councilor Agency Board as to whether a goodwill appraisal should
be made.
If the City Councilor Agency Board concurs in the recommendation to make a goodwill
appraisal, then the Displacing Agency shall authorize an appraisal provided that it shall be for the
purposes of negotiation and shall not be binding upon the Displacing Agency. In the event the
Displacing Agency authorizes an appraisal of goodwill, notice of decision to appraise shall be given
to the business owner/claimant. The appraisal report need not be disclosed to the business/owner
claimant unless and until required by the law.
4. [~ 1122] Business Records; Authorization to Negotiate
If the determination to appraise loss of goodwill is made as provided in S 1 120, the owner of the
business shall provide to the Displacing Agency such business records as the Displacing Agency
may require, including, but not limited to state income tax returns, financial statements, and any
accounting records. The Displacing Agency shall preserve the confidentiality of the financial
records, and shall not use such records for any purpose other than to determine the business owner's
entitlement to, or amount of, compensation for loss of goodwill.
5. [~ 1123] Calculation of Net Amount of Just Compensation for Loss of Goodwill for
Negotiation Purposes
The Displacing Agency shall. calculate the amount it believes to be the net amount of just
compensation for loss of goodwill to which the business is entitled. In making this calculation, the
Displacing Agency shall consider the following:
a. The amount the Displacing Agency believes to be the total amount ofloss of
goodwill to which business owner is entitled; and
b. Any compensation for loss of goodwill the Displacing Agency determines is
included in payments made or to be made under S700 of these Rules and
Regulations.
6. [~ 1124] Notice to Owner; Written Offer
As soon as possible after the net amount of compensation for loss of goodwill has been
calculated, if any, the Displacing Agency shall make a wrinen offer to the business owner/claimant.(
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The written offer shall include the full net amount of compensation for loss of goodwill as
determined by the Displacing Agency.
7. [9 1125] Eminent Domain
Notwithstanding any other provision contained in the acquisition procedures, in the event an
eminent domain proceeding is brought by the Displacing Agency to acquire any property, the owner
of any business located on the property, or the remainder if such property is part of a larger parcel,
may claim compensation for loss of goodwill in connection with such proceeding. The business
owner/claimant's failure to do so shall constitute a waiver of any compensation for loss of goodwill.
K. [9 1126] Negotiations; Eminent Domain
Prior to the commencement of an eminent domain proceeding to acquire real property:
I. The Displacing Agency shall make reasonable efforts to discuss with the owner its
offer to purchase the owner's real property;
2. The owner shall be given reasonable opportunity to present material which he or she
believes to be relevant as to the question of value and to suggest modification in the
proposed terms and conditions of the purchase, and the Displacing Agency shall
carefully consider the owner's presentation;
3. If the evidence presented by an owner or a material change in the character or
condition of the property indicates the need for a new appraisal or if a significant
delay has occurred since the determination of just compensation, the Displacing
Agency shall have its appraisal updated;
4. Ifa modification in the Displacing Agency's determination of just compensation is
warranted, an appropriate price adjustment shall be made and the new amount
determined to be just compensation shall be promptly offered in writing to the owner.
In no event shall the Displacing Agency either advance the time of condemnation, or defer
negotiations or condemnation or the deposit of funds in court for the use of the owner, or take any
other action coercive or misleading in nature, in order to compel or induce an agreement on the price
to be paid for the property.
If the Displacing Agency holds the required hearing and adopts a resolution of necessity to
acquire any interest in property, the Displacing Agency shall promptly institute formal condemnation
proceedings. The Displacing Agency shall not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of his or her property.
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L. I~ 1127] Notice of Decision Not to Acquire
Whenever the Displacing Agency has forwarded a Notice of Intent to Displace, a Notice of
Decision to Appraise, or has made a firm offer and subsequently decides not to acquire the property,
the Displacing Agency shall senoe a notice in writing on the owner, all persons occupying the
property and all other persons potentially eligible for relocation payments and assistance. This
notice shall state that the Displacing Agency has decided not to acquire the property. It shall be
senoed not later than ten (10) days following the date of the Displacing Agency's decision not to
acquire. Upon receipt of such notice any person shall be deemed not to be a displaced person.
M. [~ 1128] Incidental Expenses
If the real property is acquired by purchase, the Displacing Agency shall reimburse the owner
for all reasonable expenses the owner necessarily incurred incidental to the conveyance of such
property to the Displacing Agency. The following expenses shall be reimbursed to the owner:
l. Recording fees, transfer taxes and similar expenses incidental to conveying the real
property;
2. The pro rata portion of charges for public senoice, such as water, sewage, and trash
collection, which are allocable to the period subsequent to the date of transfer of title
to the Displacing Agency, or the effective date of possession of such property by the
Displacing Agency, whichever is earlier.
The Displacing Agency shall inform the owner that he or she may apply for a rebate of the pro
rata portion of any real property taxes paid, which are allocable to the period subsequent to the date
of transfer of the property to the Displacing Agency or the effective date of possession of such
property by the Displacing Agency, whichever is earlier.
N. [~ 1129] Purchase Price as Public Information
The purchase price and other consideration paid by the Displacing Agency for real property is
public information and shall be made available upon request.
o. [~1130] Service of Notice
Service of all notices required by these acquisition procedures shall be made either by first class
mail or by personal service upon the person to be notified.
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XII. Is 12001 PROPERTY MANAGEME:'\T PRACTICES
A.ls 12011 Short Term Rental
If the Displacing Agency permits an owner or tenant to occupy the acquired real propeny on
a rental basis for a shon term or for a period subject to termination by the Displacing Agency on
shon notice, the amount of rent required shall not exceed the lesser of the fair rental value to a shon
term occupier or a pro rata ponion of the fair rental value for a typical rental period. If the owner
or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his or her financial
means.
B.ls 12021 Notice to Vacate
The construction or development of a project shall be so scheduled that no eligible person
occupying real propeny shall be required to move from a dwelling, or to move his or her business,
without at least ninety (90) days written notice from the Displacing Agency of the date by which
such move is required. The Displacing Agency shall notify each individual tenant to be displaced
as well as each owner-occupant.
c. Is 1203] Eviction
Eviction is permissible only as a last resort. Relocation records must be documented to reflect
the specific circumstances surrounding the eviction. Eviction may be undertaken for one or more
of the following reasons:
I. Failure to pay rent, except in those cases where the failure to pay is the result of
lessor's failure to keep the premises in habitable condition, is the result of harassment
or retaliatory action or is the result of discontinuation or substantial interruption of
services;
2. Remaining in possession after expiration or termination of the term;
3. Performance of a dangerous or illegal act on the property;
4. Material breach of the rental agreement and failure to correct such breach within
thiny (30) days of notice;
5. Maintenance of a nuisance and failure to abate within a reasonable time following
notice;
6. Refusal to accept one of a reasonable number of offers of replacement dwellings;
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7. The eviction is required by state or local law and cannot be prevented by reasonable
efforts on the part of the Displacing Agency.
8. Failure to execute a rental agreement with the Displacing Agency provided the 90
day notice to vacate had been given, relocation information had been given at least
90 days prior to eviction, and referrals to comparable replacement housing have been
gi ven.
D. [9 1204] Status of Post-Acquisition Tenants
1. [9 12051 Notice of Status
The Displacing Agency shall inform prospective post-acquisition tenants, before they occupy
the property, that the property has been acquired for a public use and will be available only in the
interim between acquisition and development and that development for such use may result in
termination of the tenancy sooner than would otherwise be expected.
The Displacing Agency shall also inform prospective post-acquisition tenants regarding the
projected date of displacement and, periodically, shall inform post-acquisition tenants of any changes
in such date.
2.191206] Notice to Vacate
A post-acquisition tenant who occupies acquired real property on a rental basis for a short term
and who is informed that the property has been acquired for a public use shall be given any notices
required by law.
3. [9 1207] Eligibility for Relocation Assistance and Payments
Post-acquisition tenants are not eligible for relocation assistance and payments if, before
occupying the property, they are informed by the Displacing Agency that the property has been
acquired for a public use and will be available only in the interim between acquisition and
development and that development for such use may result in termination of the tenancy sooner than
would otherwise be expected. When so informed, post-acquisition tenants are not eligible even
though they move as a result of a wrinen order from the Displacing Agency to vacate the real
property.
Persons who become post-acquisition tenants after the effective date of these Rules and
Regulations who are not so informed and who move as a result of a wrinen order from the
Displacing Agency to vacate are eligible for relocation assistance and payments, except where they
are evicted in accordance with S 1203 of the Rules and Regulations.
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4. [S 12081 Move from Permanent Housing
Where the Displacing Agency, on propeny it owns, is making housing available on a permanent
basis (i.e., not pending development), a post-acquisition tenant who moves as a result of a wrinen
order from the Displacing Agency to vacate is eligible for relocation assistance and payments if the
order to vacate is related to a plan to demolish or rehabilitate such dwelling units. A post-acquisition
tenant who is required to move as a result of the sale of such dwelling units to a private person for
demolition or rehabilitation is eligible without need for a wrinen order to vacate from the Displacing
Agency.
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Exhibit" A"
MODEL RELOCATION PLAN
For Displacement of Fifteen Households or less
INTRODUCTION
Please choose and complete one ofthefollowingparagraphs. whichever best describes your project. Any of the
following paragraphs may be modified. made more clear. or rewritten to better describe your project or situation.
(I) has entered or will be entering into an
Agreement with to rehabilitate rental housing units within
the City/County of . _ households will have to be permanently
displaced for this project to go forward. households will have to be temporarily displaced for
the project to go forward. The location ofthis housing, which is the subject of this relocation plan, is
generally described as follows:
. (See attached project site map -- Attachment 1)
(2) has entered into an Agreement with
to purchase and develop property within the City/County of
. As a result, some housing will be affected and _ households will have
to be permanently displaced for this project to go forward. The location of this housing, which is the
subject of this relocation plan, is generally described as follows:
. (See attached project site map -- Attachment 1)
. (3) has taken action which may result in the purchase and
development of property within the City/County of . As a result, some housing
will be affected and households will have to be permanently displaced for this project to go
forward. The location of this housing, which is the subject of this plan, is generally described as follows:
. (See attached project site map -- Attachment 1)
(4) (Jfyou wish. you may use the following space to describe your project.)
(The name of the entity or consultant preparing the plan) has prepared and will
administer this Relocation Plan (the "Plan"), underthe direction of or involvement with (name of public
agency involved with the project) . This Plan provides the results of a needs
assessment survey, a housing resource study and details of the displacing entity's proposed relocation
program. This Plan sets forth policies and procedures necessary to conform with statutes and regulations
established by the California Relocation Assistance Law, California Government Code section 7260 et
seq. (the "CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines,
Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines").
If there are federal funds involved in this project, this Plan and benefits may also need to conform with the Uniform
Relocation Act (46 D.S.C. S 4600 et seq.), its implementing regulations (49 C.F.R. part 24) and otherrequirements
and regulations of the applicable funding source.
No displacement activities will take place prior to the required reviews and approval of this Plan.
MODEL RELOCATION PLAN
PAGE 1
A. ASSESSMENT OF :\EEDS
To obtain information for the preparation of this Plan, a personal interview was conducted with (number) _ of
the households living on the Project site. (If a personal interview was not done with any of the households. briefly
explain ho,,' the relevant information was obtained.)
A table is attached showing some of the household characteristics and needs. (See -- Attachment 2)
Attached are the most current income limits for the "very low-", "low-", and "moderate-" income categories as
established by HUD for County. (Attach the most current HUD income category Iimitsforyour
cOl/nty -- Attachment 3.) Tne attached table shows the income categories for each of the households.
(Attachment 2)
Briefly. describe the neighborhood demographics and characteristics:
Briefly describe any location needs and preferences for housing (such as preference for home ownership or
tenancy. preferred area of relocation. proximity 10 public transportation. employment. schools. medicalfacilities.
public/social services and agencies. recreational services. parks. community centers. and shopping) and any other
special needs (such as the needfor a unit with disabled access or special services. special language needs. special
schools. etc.) of each of the displaced households.
B. REPLACEMENT HOlJSING RESOURCES
A resource survey was made on or about to identify available comparable, decent, safe and
sanitary units available in close proximity to the Project site. _ three bedroom units, _ two bedroom units,
and one bedroom units will be required to adequately relocate the Project site households. (Iflarger units
are needed. please indicate:) . Therefore, the survey focused on
confmning the availability ofthis number and size of bedroom units. Attached is a copy of the resource survey
showing the number and size of the available units found in the survey and their rent or purchase levels and
location. (Please create and attach a housing survey which conforms with the housing needs and preferences
identified elsewhere in this Plan -- Attachment 4.)
Briefly describe how the replacement housing resources meet the specific needs identified in sectionA.
C. CONCURREJ','T RESIDENTIAL DISPLACEMENT
Briefly describe any cU/7"ent or proposed displacing activities in your jurisdiction which may impact upon the
abiliry 10 relocate the displaced households.
MODEL RELOCATION PLAN
PAGE 2
d
D. TEMPORARY HOUSING
Please check any of the following numbered paragraphs. whichever is applicable:
(I) There is no anticipated need for temporary housing. Should such a need arise, the displacing entity
will respond appropriately and in conformance with all applicable laws and requirements. (If you check
this paragraph. you may skip to section E.)
(2) There is a need to provide temporary housing, for not more than 180 days, for those households as
indicated in the attached table of housing characteristics and needs (Attachment 2). This project is a
"Qualified Affordable Housing Preservation Project" as defined in Government Code sections 7260,
subdivision (c)(3)(B)(ii), and 7262.5. households are expected to be temporarily displaced and
they will be entitled to the following benefits and assurances:
(3) The right to a temporary unit inside or, with the written consent of the household, outside the project
as long as such unit meets the standards of "comparable replacement housing" as defmed in section E
below; and
(b) The cost of the replacement housing, including rent and average monthly utility costs, will not exceed
30% ofthe housebold's average monthly income or their current rent amount, whichever is less; and
( c) The right to return to their original unit; and
(d) The rent for the first 12 months upon returning to the original unit, will not exceed the lower of the
following: (]) up to 5% higher than the rent at the time of displacement; or (2) up to 30% of the
household's income; and
(e) The estimated time for displacement will be reasonable; and
(D The temporary replacement housing will not be unreasonably impacted by the rehabilitation
construction, taking into account the age and physical condition of household members; and
(g) Moving expenses. See section H for an explanation of allowable moving expenses.
It is estimated that the temporary displacement for each of the households will occur on or about
It is estimated that the length of time of displacement for each household (not to exceed 180 days) will be
(3) As a result of rehabilitation, some households will be temporarily displaced for a period not to
exceed 90 days. The attached table identifies households which will be displaced for no more than 90
days (Attachment 2). These households are entitled to the following benefits and assurances:
(a) The right to move back into their original unit; and
MODEL RELOCATION PLAN
PAGE 3
(b) The right to be temporarily relocated to "comparable" replacement housing as defined in section E
below; and
(c) The cost ofthe replacement housing, including rent and average monthly utility costs, will not exceed
30% of the household's average monthly income ortheir current rent amount, whichever is less; and
(d) Forthe first 12 months upon return to their original units, the rent shall not exceed the lesser oftbe rent
levels prior to displacement or 25% of the household's average monthly income; and
(e) Moving expenses. See section H for allowable moving expenses.
(4) The displacing entity may need to temporarily move some households until such time that
permanent comparable replacement housing is available. The displacing entity may only use this option
under the following conditions and written assurances to the displaced households:
(a) The displaced household agrees to such temporary relocation: and
(b) The temporary housing must be adequate; and
(c) Permanent comparable housing must be made available to the displaced household no later than 12
months after the temporary move. The househDld, however, may agree tD extend the 12 mDnth periDd;
and
(d) Permanent cDmparable replacement housing will be made available on a priority basis to the household
and if the project plan anticipates moves back into the project area, the tempDrarily displaced household
will be given priDrity tD Dbtain such housing; and
( e) The temporary move will not affect the household's eligibility fDr replacement housing benefits or
relocation assistance. Also, the tempDrary mDve will not deprive the household of the choice of
replacement units that wDuld have been available had the tempDrary mDve nDt taken place, and the costs
of the temporary move will not be considered as part of the relocation payments to which the household
is entitled; and
(f) The displacing entity will pay all costs in connection with the move to temporary housing, including
increased housing CDStS.
E. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does
not result in different or separate treatment of households based on race, nationality, colDr, religion, natiDnal Drigin,
sex, marital status, familial status, disability or any Dther basis protected by the federal Fair Housing Amendments
Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act Df 1964, Title VIII of the Civil Rights
Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or
unlawful discrimination.
No one will be displaced without 90 days notice and unless "cDmparable" replacement housing can be located.
"Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in ~ 6008(d) of the
Guidelines); cDmparable as to the number ofbedroDms,living space, and type and quality Df cDnstruction of the
acquired unit but not lesser in rooms or living space than necessary to acco=odate the displaced household; in
an area that dDes nDt have unreasonable environmental conditions; nDt generally less desirable than the acquired
MODEL RELOCATION PLAN
PAGE4
unit with respect to location to schools, employment, health and medical facilities. and other public and commercial
facilities and services; and within the financial means of the displaced household as defined in section 6008,
subdivision (c )(5) of the Guidelines. The relocation progrnm to be implemented by the displacing entity conforms
with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California
Health and Safety Code section 3341 0 et seq., if applicable, and all other applicable regulations and requirements.
F. RELOCATION ASSISTANCE PROGRAM
Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating.
Relocation staff can be contacted at from _ a.m. to _ p.m. The Relocation
Office is located at . A comprehensive
relocation assistance progrnm, with technical and advisory assistance, will be provided to the households being
displaced. Close contact will be maintained with each household. Specific activities will include:
Distribution of informational brochures. (Attach sample brochures alld Ilotices to be given to displaced
households -- Attachment 5.)
I. Timely referrals to at least three comparable replacement units as defined above and, if necessary,
transportation will be provided to inspect potential replacement units.
2. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if
necessary.
G. CITIZEN PARTICIPATION/PLAN REVIEW
This Plan will be provided to each household and will be made available to the public for the mandatory thirty (30)
day review period. Co=ents to this Plan will be included as a Plan addendum prior to submission for approval
before the (name of responsible agenc)1 . A copy ofthe approved Plan
will be forwarded to the California Department of Housing and Co=unity Development (RCD).
H. RELOCATION BENEFIT CATEGORIES
This section generally explains the benefits available to displaced tenants and homeowner households only. If you
have households that are mobilehome/manufactured homeowners. or homeowner households that wish to retain
and move their units, you should consult the CRAL, the Guidelines. and other applicable regulations and
requirements for additional information.
Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable
regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation
in accordance with approved procedures. The displacing entity will provide appropriate benefits for each displaced
household as required by the above laws and requirements.
Residential Movin!! Expense Pavments
The subject households will be eligible to receive a payment for moving expenses. Payments will be made
based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a
licensed professional mover. For temporary moves, moving expenses will be paid for both the move to
temporary replacement housing and the move back to the' rehabilitated unit.
MODEL RELOCATION PLAN
PAGES
I) Fixed Pavment- A fixed payment for moving expenses based on the number of rooms containing
furniture or other personal property to be moved. The fixed moving payment will be based upon
the most recent Federal Highway Administration schedules maintained by the California
Department of Transportation. (If usingfixed payment. auach the most current moving schedules
-- Attachment 6.)
-OR-
2) Actual Reasonable Movinu Expense Pavrnents - The displaced households may elect to have a
licensed. professional mover perform the move; if so, the displacing entity will pay for the actual
cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and
utility connection charges. The payment will be made directly to the mover or as reimbursement
to the displaced household.
Rental AssistancelDown Pavment Assistance
Displaced households who are residential tenants and who have established residency within the Project
site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental
Assistance and Moving Expense Payments. Check one of the following statements, whichever is
applicable:
(1) [Public Agency Acquisition) "Initiation of Negotiations" is defmed as the first written offer
to buy the property from which the households will be displaced. In this case, the estimated or
actual date of the first written offer to purchase the properties of the tenant households is (Ifknown
at this time)
(2) [Private Entity Acquisition) "lnitiation of Negotiations" is defmed as the later of the actual
date of acquisition or the date of the Agreement between the private entity and the public agency
for purposes of acquiring and developing or rehabilitating the subject property. In this case, the
estimated or actual date of "initiation of negotiations" is (ifknown at this time)
Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of
$5,250 based upon the monthly housing need over a forty-two (42) month period. In addition, the households
may opt to apply the amount to which they are entitled toward the purchase of a replacement unit.
Last Resort Housin2 Pavment
Check one of the following statements. whichever is applicable:
(J) There is adequate "comparable replacement housing" according to the attached housing survey
(Attachment 4). Therefore, there is no need to provide Last Resort Housing Payments. (If you
checked this paragraph, you may skip to Assistance 10 Homeowners below.)
(2) There is a lack of "comparable replacement housing" according to the attached housing survey
(Attachment 4). Therefore, there is a need to provide Last Resort Housing Payments.
"Last Resort Housing" payments are authorized by statute if affordable "comparable replacement housing"
cannot be found for the displaced tenant household (i.e., housing not more than 30% of the household's
MODEL RaOCA TIQN PL-\,N
PAGE 6
average monthly income.) In this case, payments may be made beyond the $5,250 statutory cap up to 42
months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments
or in a lump sum at the discretion of the displacing entity. Briefly specify your policy concerning allowing
lump sum or installment payments.
If a household chooses to purchase a replacement home rather than rent, the household will have the right to
request a lump sum payment of the entire balance to which they are entitled.
Assistance to Homeowners
Check olle of the following statements, whichever is applicable:
(I) No homeowners will be displaced by this Project. (If you check this paragraph, you may sJ..ip
the rest of this section.)
(2) It is anticipated that _ homeowners will be displaced by this Project.
Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the
following conditions are met:
(a) The household has owned and occupied their unit for not less than 180 days prior to the "Initiation
of Negotiations." (See, Rental Assistance/Down Pavmenl Assistance above); and
(b) The household purchases and occupies a replacement unit within one year from: (i) the date that the
household receives the fmal payment from the displacing entity for all the costs of the acquired unit-
or- (ii) the date that the household vacates the acquired unit, whichever is later.
Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and
will be eligible for the following benefits, not to exceed S22,500:
1. Purchase Price Differential:
The displaced households will be entitled to receive an amount equal to the difference between the price paid
for the acquired unit and the amount required to purchase a "comparable replacement" unit. The displacing
entity is allowed the following options in paying any price differential as explained in section 6102 of the
Guidelines: (Check which option is being used.)
(a) Comnarative Method: On a case-by-case basis, the displacing entity will determine the price
of a "comparable replacement" unit, which is ~ost representative of the acquired unit, by selecting
and considering the listing price of at least three (whenever possible) "comparable replacement"
units.
(b) Schedule Method: lf the Comparative Method is not feasible, the displacing entity may
establish a schedule of reasonable acquisition costs of "comparable replacement" units based on
a current analysis of the housing market.
(c) Alternative Method: When neither the Comparative nor Schedule Methods are feasible, the
displacing entity may use another reasonable method.
MODEL. RELOCATION PL.AN
PAGE 7
(Attach a more derailed explanation of the method used, and, if appropriate. why other methods were not
used. lllclude all estimate of price differentials for each displaced homeowller. a schedule of acquisition
costs. and. to the extent that such informatioll is not illcluded ill Allachmenr 4. a stl~ey of allY "comparable
replacemellt" Ullits used in your method -- Attachment 7.)
2. Other PaVI\1ents:
Moreover, displaced homeowners will receive the following assistance:
(a) Paymems to cover the cost between the difference of the household's current debt or mortgage
service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement"
housing unit; and
(b) lncidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and
recording and credit reporting fees.
3. Rental Assistance Ootion:
If a displaced homeowner household, which has purchased and occupied its current unit at least 180 days
prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the household
is eligible for all the benefits and assistance that is available to tenant households. However, such
replacement housing payments may not exceed the payments the household would have been entitled to if
it had elected to purchase a replacement unit.
4. Last Resort Housin2 Pavments:
Check one of the following statements, whichever is applicable:
(1) There is adequate "comparable replacement housing" for homeowner households. (If you
check this paragraph, you may Skip the rest of this section.)
(2) 11,ere is a lack of "comparable replacement housing" for homeowner households.
If there is not enough "comparable replacement housing" available, the displacing entity shall pay whatever
costs are necessary beyond the statutory cap ofS22,500 to acquire a "comparable replacement" unit, including
reasonable incidental expenses.
A displaced homeowner household which has purchased and occupied its current unit for less than 180 days
but at least 90 days prior to the "initiation of negotiations" is eligible for all the assistance and benefits that
are available to a tenant household.
1. PAYMENT OF RELOCATION BEJIi"EFITS
Relocation benefit payments will be made expeditiously. Claims and supponing documentation for relocation
benefits must be filed with the displacing entiry within eighteen (18) months from: (i) the date the claimant moves
from the acquired property; -or- (ii) the date on which fInal payment for the acquisition of real property is made,
whichever is later. Procedures for preparing and filing of claims and processing and delivering of payments are
attached. (Attach a brief description of your relocation policy regardillg procedures for relocation payments and
assistance -- Attachment 8.)
MODEL RELOCA TJON PLAN
PAGE 8
No household will be displaced until "comparable" housing is located as defined above and in section 6008,
subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals
are made to verify that they meet all the standards of decent, safe, and sanitary as defmed in section 6008.
subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a
replacement unit which does not meet the standards of decent, safe, and sanitary housing.
J. EVICTION POLICY
The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must
be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in
cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if
the household refuses all reasonable offers 10 move. Eviction will not affect the eligibility of a person legally
entitled to relocation benefits.
K. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly stated,
the displaced household will have the right to ask for review when there is a complaint regarding any of its rights
to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the
failure to provide a comparable replacement housing referral. A copy of the established appeals policy and
procedures is attached. ( Attachment 9. )
L. PROJECTED DATES OF DISPLACEMENT
Households will receive a 90 day notice to vacate before they are required to move. These notices are expected
to be issued on or about (give best estimate)
Relocation is expected to be completed for all households on or about (give best estimate)
M. ESTIMATED RELOCATION COSTS
The displacing entity anticipates using the following funds for the Project:
Any and all required fmancial assistance will be provided. The budget estimate for this Project is:
MODEL RELOCATION PLAN
PAGE 9
Attachment 1:
Artachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Attachment 9:
Attachment 10:
TABLE OF ATTACHMENTS
Auach Project Site Map.
Auach Table of Household Characteristics and Needs.
(Complete and allach HCD's model Table)
Attach most current HliD Income Category Limits for your County.
(information may be obtainedfrom HCD)
Auach Housing Resource Survey.
Attach Sample Notices and/or Brochures to be given to Displaced Households.
Attach the most current Fixed Payment Moving Schedule.
(A schedule ofpaymenrs may be obtainedfrom HCD.)
Attach, if applicable, Explanation of Purchase Price Differential Method, Schedule of
Acquisition Costs, and Survey of Comparable Homeowner Housing.
Attach Relocation Payment Policy regarding Procedures for Relocation Payments and
Assistance.
Attach Copy of Established Appeals Policy and Procedures.
Attach Plan Addendum.
(Comments submilled regarding the Plan by the Public or HCD.)
AUach any other information that you believe is important or helpful.
PAGE 10
MODEL RELOCATION PLW
Exhibit "C"
RELOCATION ASSISTA..l'iCE APPEAL COMPLAINT FORM
PERSO^"AL J.I\'FORMATJON NOTICE: Pursuant fO the Federal Privacy Act fPL 93.579) and the 'nformarion Practices ACI of /977 (Civil Code
Sections /798. er seq.), naliet if hereby gi\ICnjor the request of personal infannalion by this form. The requested personal ;'!(ormation is voJunrary.
The principal purpose of [he voluntary information is /0 fadlirole the processing of/his form. The failure 10 provide all or an)' part afthe requested
informalion may ddor processing a/thisJarm. No disclosure of personal informalion will be made unless permissible under Article 6. Seelion
J 798.24 oifhe IP A of 19i7. Each indi\'idual has [he right upon request and proper identifieD/ion. 10 inspect all personal i'!formation in any record
maintained on the indi~'idual by an identw'ing particular. Direct any inquiries on informacion maintenance: to your local IPA Offict.
INSTRUCTIONS TO APPELLANTS: ' Address of Subject Parcel:
State nature of your complaint and reasons for this
appeal in space at bottom. Attach extra pages if
needed. You will be notified of the date when your
complaint will be considered. Sign and date this
form and mall to: Print or type your fullname(s):
\
Alln: [NAME] , Present mailing address:
[CllY/AGENCY] ,
I
[DEPARTMENi] ,
[ADDRESS] i
[CllY, STATE ZIP]
Day teiephone number: ( ) -
Evening telephone number. ( ) -
FOR DISPLACING AGENCY USE ONLY Will you be present at the hearing?: [ ] Yes [ ] No
Assessor Parcel No: Will you be represented by counsel?: [ 1 Yes [ ]No
RfW No: This appeal is based on: [ ] Eligibility only
[ ] Amount of Payment only
Other. [ ] Eligibility amount
The Appellant is: [ ] Residential Owner-Occupant
[ ] Residential Tenant
[ ] Business Owner/Operator
Appellant's Statement:
This is an appeal of a determination made by the Displacing Agency under the California Relocation Assistance Law
(Government Code, Section 7260 et seq.) or Federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 USC 334601 et. seq.). The nature of my complaint and the reasons why I believe the
determination is improper are stated below and/or on the attached pages.
Appellant's Signature: Date:
I
Exhibit "B"
SAMPLE BUSINESS SUPPLEMENT PAYMENT FOR BUSINESS ELECTING TO RENT
Old Address :"ew Address (Actual) New Address (Prorated)
I Square Footage 1,000 1.200 1.000
2 Price/Square Foot SO.50 S1.00 S1.00
3 Rent (Linel x Line2) S500 S1.200 SI,OOO
4 Annual Rent S6,000 S14,400 S12,OOO
(Line3 x 12 months)
5 Property Taxes SO SO SO
6 Utilities S600 SI,200 SI,OOO
7 Maintenance SO SO SO
8 Total Annual Costs $6,600 $15,600 S13,000
(Sum of Lines 4 to 7)
9 Business Supplement New Address (Lesser of Actual or Prorated) minus Old Address. $13,000
Payment (prorated) - $6,600 = S6.400 -
SAMPLE BUSINESS SUPPLEMENT PAYMENT FOR BUSINESS ELECTING TO ,
- PURCHASE
.' -
Old Address , New Address
-
1 Square Footage 3,000 2,000
2 Price/Square Foot SO.35 $1.00
3 Economic Rent (Line! S1.050 $2,000
x Line2)
4 Annual Economic Rent $12,600 $35,200
(Line3 X 12 mos,)
5 Property Taxes S3,OOO $4,000
6 Utilities S4,800 $7,200
7 Maintenance SO $0
8 Total Annual Costs S20,400 $35,200
(Sum of Lines 4 to 7)
9 .Business.Supplement - c New Address (Economic Rent of Comparahle.site) .minus ."
Payment , Old Address (Economic Rent) ..
. . ,. $35,200 minusS20,400 - S14,800;.Pavment Maiiin'umSl0.000~: ',: . ..