HomeMy WebLinkAboutRedevelopment Agency - 286 RESOLUTION NO. 286
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
APPROVING AND ADOPTING RULES AND REGULATIONS
GOVERNING IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
WHEREAS, in connection with the adoption of the merged Huntington Beach
Redevelopment Project, the Agency adopted Rules and Regulations for Relocation Assistance,
Grievance Procedures and Real Property Acquisition Policies for Redevelopment Agency
Projects (the "Original Relocation Rules"); and
Following the adoption of the Original Relocation Rules, the California Legislature
enacted AB 450 which amended certain provisions of the California Relocation Assistance Law
[Government Code Sections 7260 through 7277] (the "Relocation Assistance Law") effective
January 1, 1998; and
Following adoption of the Original Relocation Rules, the California Department of
Housing and Community Development("HCD") adopted amendments to the Relocation
Assistance and Real Property Acquisition Guidelines [California Code of Regulations Title 25,
Chapter 6] (the "Guidelines") effective September 12, 1997; and
The Original Relocation Rules adopted in connection with the adoption of the merged
Huntington Beach Redevelopment Project do not conform to the Relocation Assistance Law, as
amended by AB 450, and the Guidelines, as amended effective September 12, 1997; and
The Agency has determined that it would be in the interests of the Agency and the
residents and businesses in the merged Huntington Beach Redevelopment Project Area for the
Original Relocation Rules to be amended to conform to the Relocation Assistance Law, as
amended by AB 450, and the Guidelines, as amended effective September 12, 1997, and to be
amended in other respects as well.
NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach
hereby approves and adopts the Rules and Regulations for Implementation of the California
Relocation Assistance Law(the "Revised Relocation Rules") in the form attached hereto as
Exhibit A and incorporated herein by reference.
The Revised Relocation Rules supersede and replace the Original Relocation Rules.
1
SF:PCD:Resol:Relocate
RLS 98-187
3127/98 01
age
PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington
Beach at a regular meeting thereof on the 20th day of April, 1998.
Chairtna
ATTEST: APPROVED AS TO FORM:
Agency Clerk Agenc �Att r
1 L7—Wow' �(
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Executi Director Director of Economic Development
2
SF:PCD:Resol:Relocate
RLS 98-187
3/27/98 01
Agency Resolution No.286
Exhibit"A"
REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
Date Adopted: April 20, 1998
11/20/97
TABLE OF CONTENTS
Page
101] GENERAL . . . . . . . . . . . . . . . . . . 1
A. [§ 101] Purpose . . . . . . . . . . . . . 1
B. [§ 102] Authority . . . . . . . . 1
C. [§ 103] Effective Date; Appligability . . . . . . 1
D. [§ 104] Extent of Relocation Payments . . . . 2
E. [§ 105] Exceptions from Relocation Requirements . 2
1. [§ 106] Acquisitions Not induced by Agency . 2
2. [§ 107] Rent Restrictions at Nonprofit
Facilities . . . . . . . . 3
F. [§ 108] Priority of Federal Law . . . . . . . . 3
G. [§ 109] Sever ability . . . . . . . . . . . . . . 3
II. [§ 200] DEFINITIONS . . . . . . . . . . . . . . 3
A. [§ 201] Acquisition . . . . . . . . . . . . . . . 3
B. [§ 202] Acrenc . . . . . . . . . . . . . . 4
C. [§ 203] Appraisal . . . . . . . . . . . . . . . 4
D. [§ 204] Average Annual Net Earnings . . . . . 4
E. [§ 205] c . . . . . . . . .. . . 4
F. [§ 206] Business . . . . . . . . . . . . . . . . 4
G. [§ 207] Citv . . . . . . . . . . . . . . 5
Dw
H. [§ 208] Comparable Replacement elling 5
I. [§ 209] Condominium . . . . . 7
J. [§ 210] Decent, Safe and Sanitary Dw llincr 8
K. [§ 211] department . . . . . . . . . . . . . . 8
L. [§ 212] Displaced Business . . . . . . . 8
M. [§ 213] Displaced Farm Operation . . . . . . . . 8
N. [§ 214] Displaced Person . . . . . . . . 8
O. [§ 215] Displaced Resident . . . . . . . . . 12
P. [§ 216] Dwelling . . . . . . . . . . . . . . • • 12
Q. [§ 217] Economic Rent . . . . . . . . . . • • 12
R. [§ 218] Elderly Household . . . . . . . . . . . . 13
S. [§ 219] Family . . . . . . . . . . • . 13
T. [§ 220] farm Operation . . . . . . . . . • • 13
U. [§ 2 21] Federal Project . . . . . . . . . . . • •. . 13
V. [§ 222] Gross Income . . . . . . . . . . . 13
W. [§ 223] Handicapped Household . . . . . . . • • 14
X. [§ 224] Initiation ati on of Negotiations 14
Y. [§ 225] Last Resort Housing . . . . . 14
Z. [§ 226] Manufactured Home or Mobilehome 14
AA. [§ 2 2 7] Mortgage . . . . . . . . . 15
BB. [§ 228] Nonprofit Organization . . . . . . . . . 15
CC. [§ 229] Ownership . . . . . . . . . . . . 15
DD. [§ 230] Person . . . . . . . . . . . . . . . . 15
EE. [§ 231] Personal Property . . . . . . . . 16
FF. [§ 232] Post-Acquisition Tenant . . . . . . . 16
GG. [§ 233] Prepaid Expenses . . . . . . . . • • •. . 16
HH. [§ 234] Project Area Committee . . . . . . 16
II. [§ 235] Public Use . . . . . . . . . . . . . . 16
i
JJ. [§ 236] Relocation Appeals Board . . . . . 17
KK. [§ 237] Small Business . . . . . . . . . . . . . 17
LL. [§ 2 3 8] Tenant . . . . . . . . . . . . 17
MM. [§ 239] Unlawful Occu an y . . . . . . . . . . . 17
III. [§ 300] RELOCATION ADVISORY ASSISTANCE . . . . . . . . 17
A. [§ 301] Advisory Assistance to be Provided by the
Agency . . . . . . . . . . . . . . 17
B. [§ 302] Informational Program . . , . . . . . . . 20
1. [§ 303] General Information . . . , , , . , 20
2. [§ 304] personal Contact . . . . . . . . . . 20
3. [§ 305] information Statement- Relocation
Assistance . . . . . . . . . . 20
i
4. [§ 306] Notice of Eligibilty Status . . 22
5. [§ 307] Language of Informational Material . 22
6. [§ 308] Method of Delivery of informational
Material . . . . . . . . . . . . 22
C. [§ 309] Determination -of-Relocation Needs . . . . 22
1. [§ 310] Interviews . . . . . . . . . . . . . 22
a. [§ 311] Information to be Obtained . . 23
b. [§ 312] Coordination with Other
Agencies . . . . . . . . . . 24
C. [S 313] Interview after Ucrson Moves
v c o
without Notice . . . . . . . . 24
2 . [§ 314] Relocation Records . , , , , , , . . 24
3 . [§ 315] Updating Information , . . . . . . . 24
D. [§ 316] Relocation site Office . , . . 24
E. [§ 317] Contracting for n Servi
for Relocation , . . 25
F. [§ 318] Coordination of Relocation Assistance . . 25
IV. [§ 400] RELOCATION PLANS . . . . . . . . . . . . . . . 25
A. [§ 401] Overall Relocation Plan . . . . . . . . . 25
1. [§ 402] Contents- of-Plan . . . . . . . . 25
a. [§ 403] Report to City Council , . . . 25
b. [§ 404] Additional Plan Elements . . . 26
2. [§ 405] procedure for Preparation , . . . . 27
B. [§ 406] ,Supplemental Relocation plans . . . . . . 27
1. [§ 407] Required Generally , . , . . . . . . 27
2. [§ 408] Contents of Plan . . , . , . . . . . 27
a. [§ 409] Analysis of Replacement
Dwelling Needs . . . . . . . . 28
b. [§ 410] Analysis of Replac-emPnt
Dwelling Resources . . . . . . 29
C. [§ 411] Method of Prov'dina Last
Resort Housing . . . , , , 30
d. [§ 412] Information Required . . . . . 30
3 . [§ 413] Review of Supplemental Relocation
Plan . . . pla . . . . . . . . 32
General
C. [§ 414] Conformance to n , , , . , , , 32
D. [§ 415] Update of Relocation Plans . . . , , , , 32
ii
V. [§ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLING . 32
A. (§ 501) Requirement Generally . . . . . . 32
B. [§ 502] Procedure for Identifying fyi_ng Comparable
.Replacement Dwellings . . . . . . 33
1. [§ 503] Survey of Available a Replacement
Dwellings . . . . 33
2. [§ 504] Information to be Obtained 33
a. [§ 505] Survey Area . . . . . . . . . . 33
b. [§ 506] Gross Number of Comparable
Replacement Dwellings . . . . . 33
(1) [§ 507] Standard Generally . . , . 33
(2) [§ 508] Uncompleted New
Construction or
Rehabilitation . . . . . 33
(3) (§ 509] Publicly subsidized
Housing . . . . . . . . . 33
C. [§ 510] Adjustment for Concurrent
Displacement . . . . . . . . 35
d. (§ 511] Adjustment for Housing Turnover
. . . . . . 35
3. [§ 512] Review of Survey Results . . . . . . 35
C. [§ 513] Offers Of Replacement Dwellings , . , . . 35
D. [§ 514] Temporary Move . . . . . . . . . . . . . 36
1. [§ 515] Use of Temporary Replacement Housing
. . . . 36
2. [§ 516] Relocation Assistance and Payments . 36
3. [§ •517] Assurance Prior to Temporary Move 36
E. [§ 518] Provision--of Last Resort Housing ng . . 37
�y lll�
1. [§ 519] Authorization; Methods . . . 37
2. [§ 520] Nondiscrimination; Affirmative
c io . . 39
3 . (§ 521] o s
Regulations . . . . . . . . . . 39
4. [§ 522] Monitoring Housing Production , , , 39
5. [§ 523] Retention of Benefits upon Move to
Last Resort Housing . . . . . . 39
F. [§ 524] Move to Substandard Dwelling Unit . . . . 39
G. [§ 525] Waiver of Requirement for Replacement.
Dwelling Prior to Displacement . , . . . 40
VI. [§600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS . . 41
A. [§ 601] . . . . . . . . . . . . 41
B. [§ 602] Actual Reasonable Moving F pgnses . . . . 41
C. [§ 603] Alternate Payments . . . , . . . . . . . 42
D. [§ 604] Replacement Housing Payments for
Displaced Homeowners . . . . . . . 42
1. [§ 605] Amount of Payment . . . . . . . . 42
2. [§ 606] Eligibility . . . . . . . . . . . . 43
3. [§ 607] Computation of Replacement Housina
Payment . . . . . . . . . . . 45
a. (§ 608] Reasonable Cost of Comparable
Replacement Dwelling . . . . . 45
iii
b. [§ 609] Increased Interest Cost 46
C. [§ 610] Expenses Incident to the
Purchase of the Replacement
Dwelling . . . . . . . . . . . 46
4. [§ 611] Multi-Family Dwelling . . . . . 47
5. [§ 612] Homeowner Retention of Dwelling . . 47
6. [§ 613] Lease of Condominium . . . . . . . . 47
E. [§ 614] Replacement Housing Payments for Tenants
and Certain Others . . . . . . . . . . . 47
1. [§ 615] Amount of Payment . . . . . . . . . 47
2. [§ 616] Eligibility . . . . . . . . . 48
3. [§ 617] Computation of Replacement Housing
Payment .
a. [§ 618] Rent Differential Payment . . . 50
b. [§ 619] Downpa ent . . . . . . . 51
4. [§ 620] Rental Payments for Displaced
Homeowners and Dependents . . . . . 52
a. [§ 621] Homeowners . . . . . . . . . . 52
b. [§ 622] Dependents . . . . . . . . . 52
F. [§ 623] Payments to Residents Displaced --from
Manufactured Homes and Mobilehomes . . . 52
1. [§ 624] Payment Required . . . . . . . . . . 52
2 . [§ 625] Moving Expenses: Retention and Move
of Manufactured Home or Mobileho e . 52
3 . [§ 626] Replacement Housing Payments . . . . 53
G. [§ 627] Proration of Payment . . . . . . . . . . 54
VII. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES 55
A. [§ 701] Payments Required . . . . . . . . . . . . 55
B. [§ 702] Moving Expenses; Loss of Property; Search
Expenses . . . . . . . . . . . . . . 55
1. [§ 703] Actual Reasonable Moving Expenses 55
2. [§ 704] Actual Direct Losses of Tangible
Personal Property . . . . . . 57
3 . [§ 705] Actual Reasonable Expenses in
Searching for a Replacement Business
. . . . . . . . . . . . . . . . 58
4 . [§ 705.5] Actual Reasonable Expenses to
Reestablish a Small Business or
Nonprofit
Organization . . . . . . . . . . . . 59
C. [§ 706] Alternate Payments . . . . . . . . . . . 60
1. [§ 707] Determination of Payments . . . . . 60
a. [§ 708] Amount of Payment . . . . . . 60
b. [§ 709] Determination of Number of
Businesses . . . . . . . . . . 61
2 . [§ 710] Eligibility . . . . . . . . . . . . 61
a. [§ 711] Business (Other than Nonprofit
Organization) . . . . . . . . 61
a b. [§ 712] Nonprofit Organiztion . . . . 63
iv
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E. [§ 1019] Assistance and Payments to Persons Moving
without Notice . . . . . . . . . . . 70
F. [§ 1020] Termination of Relocation Assistance . . 70
XI. [§ 1100] GRIEVANCE PROCEDURES . . . . . . . . . . . . 70
A. [§ 1101] Right of Review . . . . . . . . . . . . . 70
B. [§ 1102] Notification of Decision . . . . . . . . 71
C. [§ 1103] Stages of Review . . . . . . . . . . 71
1. [§ 1104] 8equest for Further —Written
nfDxmati on . . . . . . . . . . . . 71
2. (§ 1105) Informal Oral Presentation . . . . . 71
3. [§ 1106] Formal Review and Reconsideration 72
a. [§ 1107] Request for Review . . . . . . 72
b. [§ 1108] Motice of Procedures . . • 72
C. [§ 1109] Review by Relocation Appeals
Board . . . . . . . . . . . . . 72
d. [§ 1110] Scope of Review . . . . . . 72
e. [§ 11111 Findings and Reco menda -ion. by
Relocation Appeals Board . . . 73
f. [§ 1112] Final Determination by Agency
Board . . • . . . . . . 74
(1) [§ 11131 Scoge of Review . . . . . 74
(2) [§ 1114] Final Determination . . . 74
D. [§ 1115] Time Limit for Requesting Review . . 75
E. [§ 1116] Stay of Displacement Pending Final
Determination 75
F. [§ 1117] Joint Complainants 75
G. [§ 11181 Right to Counsel . . . . . . . . . . . . 75
H. (§ 1119) Review of File by Claimant . . . . . . . 75
I. [§ 1120] Recommendations by Third Party . . . . . 76
J. [§ 1121] Effect of Determination on Other Persons
. . . . . . 76
K. [§ 1122] Judicial Review . . . . 76
XII. [§ 1200] ACQUISITION PRACTICES . . . . . . . . . . 76
A. [§ 1201] Acquisition of Property by Negotiation 76
B. [§ 1202] Appraisal of P onerty . , . . , , . . . 76
C. [§ 1203] Notice of Decision to Appraise 77
1. [§ 1204] Contents of Notice . . . . . . . . . 77
2 . [§ 1205] Information Statement: Property
. . . . . 77
D. [§ 1206] Establishment of Just Compensation . . . 78
1. [§ 1206. 1] Generally . . . . . . . . 78
2 . [§ 1206.2] Exception for Property Offered
by Owner . . . . . . 79
3 . [§ 1206.3] Exception for Property or
Compensation Donated by Owner 80
E. [§ 1207] Uneconomic Remnant . . . . . . . . . . 80
F. [§ 1207.5] Nonprofit, Special Use Property . . 80
G. [§ 12081 .Initiation of Negotiations . . . . . . . 81
1. [§ 1209] Written Offer . . . . . . . . . . 81
2 . [§ 1210] Statement of the Basis of Just
vi
Compensation . . . . . . . . . . . 81
H. [§ 1211] Tenant Property Interests, Notice Re:
Loss of Goodwill . . . . . . 82
i. [§ 1212] Compensation for Loss of Goodwill . _ . . 82
1. [§ 1213] Compensation Generally . . . . . . . 83
2. [§ 1214] Notice of Intent to Claim Loss of
Goodwill . . . . . . . . . 83
3. [§ 1215] conference to Discuss Eli_cgihil ty to
Receive Compensation for Loss of
Goodwill . . . . . . . . . . . . 83
4. j§ 1216] Business Records; Authorization to
Negotiate 84
5. [§ 1217] Calcu�at�on of Net Amount of Just
Compensation for Loss of Goodwill
for Negotiation Purposes . . . . . . 84
6. [§ 1218] Notice to Owner; Written Offer . . . 84
7 . [§ 1219] Eminent Domain . . . . . . . . . 85
J. [§ 1220] Negotiations; Eminent Domain . . . . . 85
K. [§ 1221] Notice of Decision Not to Acauire . . . . 86
L. [§ 1222] Incidental Expenses . . . . . 86
M. [§ 1223] Purchase Price as Public Information 86
N. [§ 1224] Service of Notice . . . . . . . . . . . . 86
XIII. [§ 1300] PROPERTY MANAGEMENT PRACTICES . . . . . . 87
A. [§ 1301] Short Term Rental . . . . . . . . . . 87
B. [§ 1302] Notice to Vacate . . . . . . . . . . . . 87
C. [§ 1303] Eviction 87
D. j§ 1304] status of gost-Acquisition Tenants 88
1. [§ 1305] Notice of Status . . . . . . . . . . 88
2. [§ 1306] Notice to Vacate . . . . . . . . . . 88
3. [§ 1307] Eligibility for Relocation
Assistance and Payments . . . . . . 88
4. j§ 1308] Hardship Cases . . . . . . . . . . . 88
5. [§ 13091 Move from Permanent Housing . . . . 88
E. [§ 1310] Service of Notice . . . . . . . . . . . . 89
vii
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
I. [§ 101] GENERAL
A. [§ 101] Purpose
The purpose of these Rules and Regulations is to implement the
California Relocation Assistance Law (Government Code, Section
7260, kt sea. ) . These Rules and Regulations have also been
formulated to the extent applicable with reference to the
Relocation Assistance and Real Property Acquisition Guidelines
adopted by the Department of Housing and Community Development
pursuant to Health & Safety Code Section 50460 (the "Guidelines") .
The Rules and Regulations are designed to carry out the
following policies of the Relocation Assistance Law with respect to
activities of the Agency:
1. To ensure that uniform, fair and equitable
treatment is afforded persons displaced from their
homes or businesses as a result of the actions of
the Agency, in order that such persons shall not
suffer disproportionate injury as a result of
action taken for the benefit of the public as a
whole; and
2 . In the acquisition of real property by the Agency,
to ensure consistent and fair treatment for owners
of real property to be acquired, to encourage and
expedite acquisition by agreement with owners of
such property in order to avoid litigation and
relieve congestion in courts, and to promote
confidence in public land acquisition.
B. [§ 102] Authority
These Rules and Regulations have been adopted by resolution of
the Agency pursuant to Section 7267 .8 (a) of the Government Code,
and are in conformity with the Relocation Assistance Law.
C. [§ 103] Effective Date; Applicability
The effective date of these Rules and Regulations shall be the
date of their adoption by the Agency. These Rules and Regulations
shall be applicable to all displacement and acquisition occurring
after their adoption by the Agency. Any provisions of the
Relocation Assistance Law which became effective prior to the
adoption or amendment of these Rules and Regulations shall govern
any conflicting provision hereof.
1
To the extent that these Rules and Regulations are from time
to time amended, the amendments shall be effective prospectively
from the date that they are adopted, or from an otherwise
applicable effective date. Any such amendments shall not be
construed retroactively to apply to any action undertaken by the
Agency prior to their effective date where the purpose of the
action was to fulfill obligations imposed by the Relocation
Assistance Law and the action is in compliance with the
requirements of the Relocation Assistance Law and the existing
Rules and Regulations. The term "action" as referred to above
shall include, but is not limited to: the provision of information,
notice, other assistance, comparable replacement housing, payments
and other benefits; the preparation of relocation (including last
resort) housing plans, including the survey and analysis of needs
and resources; the processing of grievances; and the various steps
taken in connection with the acquisition of property for public
use.
The amendments to these Rules and Regulations corresponding to
the changes made in Sections 7260, 7262. 5 and 7264 of the
Government Code, by Chapter 597 of the California Statutes of 1997,
shall apply prospectively only from January 1, 1998, and shall
apply only to the extent that they do not adversely affect existing
rights of persons or households entitled to benefits under these
Rules and Regulations on or before December 31, 1997.
D. [S 104] Extent of Relocation Payments
The Agency shall provide relocation assistance and shall make
all of the relocation payments required by law, including the
making of such payments financed by the federal government. In
addition, the Agency may make any additional relocation payments
which in the Agency's opinion may be reasonably necessary under the
circumstances of the particular case to carry out the purposes of
a redevelopment plan for any redevelopment project.
E. [S 105] Exceptions from Relocation Requirements
1. [S 106] Acquisitions Not Induced by Agency
The requirement to provide relocation assistance and benefits
shall not apply to a purchase of property which is offered for sale
by the owner, property being sold at execution or foreclosure sale,
or property being sold pursuant to court order or under court
supervision if the property in any of the foregoing situations is
either occupied by the owner or is unoccupied, and if the offer for
sale is not induced by Agency disposition, planned condemnation, or
redevelopment of surrounding lands, and if the sales price is fair
market value or less, as determined by a qualified appraiser, and
if no federal funds are involved in the acquisition, construction,
or project development. "Offered for sale" means either advertised
for sale in a publication of general circulation published at least
2
once a week or listed with a licensed real estate broker and
published in a multiple listing, pursuant to Section 1087 of the
Civil Code.
At the time of making an offer to acquire property under this
Section, the Agency shall notify the property owner in writing, of
the following:
a. The Agency's plans for developing the property
to be acquired or the surrounding property;
and
b. Any relocation assistance and benefits
provided pursuant to state law which the
property owner may be foregoing.
2. [§ 107] Rent Restrictions at Nonprofit Facilities
Nonprofit facilities subsidized pursuant to any federal or
state program for the benefit of low-income tenants that restrict
rent increases based on operating cost increases, and that also
receive state funds for renovation and rehabilitation involving the
temporary relocation of those tenants, shall be exempt from any
restrictions on rents imposed pursuant to the Relocation Assistance
Law and these Rules and Regulations.
F. j§ 108] Priority of Federal Law
With respect to a federally funded project, the Agency shall
make relocation assistance payments and provide relocation advisory
assistance as required under federal law. The Agency may make any
relocation assistance payment, or may make any relocation
assistance payment in an amount which exceeds the maximum amount
for such payment authorized by these Rules and Regulations, if the
making of such payment, or the payment in such amount, is required
under federal law to secure federal funds.
G. [§ 109] Severabil 'ty
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.
II. [§ 200] DEFINITIONS
A. [§ 201] Acquisition
"Acquisition" means obtaining ownership or possession of real
property by purchase, eminent domain, or any other lawful means.
3
B. [§ 202] Agency
"Agency" means the Redevelopment Agency of the City of
Huntington Beach, a public body, corporate and politic, organized
and existing under Chapter 2 of the Community Redevelopment Law of
the State of California, and any agency, staff, consultants,
assignees, delegates and City departments who may be assigned the
duties and responsibilities for implementing the Relocation
Assistance Law pursuant to these Rules and Regulations, or any
entity acting on behalf of the Agency when acquiring real property,
or any interest therein.
C. [§ 203] 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.
D. [§ 204] Average Annual Net Earnings
"Average 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 period as the Agency
determines to be more equitable for establishing such earnings, and
includes any compensation paid by the business to the owner, his or
her spouse, or his or her dependents during the two-year or other
period.
The term "owner" as used herein includes the sole proprietor
in a sole proprietorship, the principal parties in a partnership,
and the principal stockholders of a corporation, as determined by
the Agency. For purposes of determining a principal stockholder,
stock held by a husband, his wife and their dependent children will
be treated as one unit.
E. [§ 205] Average Monthly Income
"Average monthly income" means gross income divided by 12.
F. [§ 206] Business
"Business" means any lawful activity, except a farm operation,
which lawful activity is not in unlawful occupancy, conducted for
any of the following:
1. Primarily for the purchase, sale, lease, or rental
of personal and real property, and for the
4
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 Section 700 of these
Rules and Regulations, for assisting in the
purchase, sale, resale, manufacture, processing or
marketing of products, commodities, personal
property or services by the erection and
maintenance of an outdoor advertising display,
whether or not such display is located on the
premises on which any of the above activities are
conducted.
G. [§ 207] City
"City" means the City of Huntington Beach.
H. [§ 208] Comparable Replacement Dwelling
"Comparable replacement dwelling" means any dwelling that is
all of the following:
1. Decent, safe, and sanitary.
2 . Adequate in size to accommodate the occupants.
3 . In the case of a displaced person who is a renter,
within the financial means of the displaced person.
A comparable replacement dwelling is within the
financial means of a displaced person if the
monthly rental cost of the dwelling, including
estimated average monthly utility costs, minus any
replacement housing payment available to the person
does not exceed 30 percent of the person's average
monthly income, unless the displaced person meets
one or more of the following conditions, in which
case the payment of the monthly rental cost of
comparable replacement dwelling, including
estimated average monthly utility costs, minus any
replacement housing payment available to the person
shall not exceed 25 percent of the person's average
monthly income:
a. Prior to January 1, 1998, the displaced person
received a notice to vacate from the Agency,
or from a person having an agreement with the
Agency;
5
b. The displaced person resides on property that
was acquired by the Agency, or by a person
having an agreement with the Agency, prior to
January 1, 1998;
C. Prior to January 1, 1998, the Agency, or a
person having an agreement with the Agency,
initiated negotiations to acquire the property
on which the displaced person resides;
d. Prior to January 1, 1998, the Agency, or a
person having an agreement with the Agency
entered into an agreement to acquire the
property on which the displaced person
resides;
e. Prior to January 1, 1998, the Agency, or a
person having an agreement with the Agency,
gave written notice of intent to acquire the
property on which the displaced person
resides;
f. The displaced person is covered by, or resides
in an area or project covered by, a final
Supplemental Relocation Plan that was adopted
prior to January 1, 1998;
g. The displaced person is covered by, or resides
in an area or project covered by, a proposed
Supplemental Relocation Plan that was required
to have been submitted prior to January 1,
1998, to the Department or to a Project Area
Committee, or for which notice was required to
have been provided to occupants of the
property prior to January 1, 1998;
h. The displaced person is covered by, or resides
in an area or project covered by, a proposed
Supplemental Relocation Plan that was
submitted prior to January 1, 1998, to the
Department or to a Project Area Committee, or
for which notice was provided to the public or
to occupants of the property prior to January
1, 1998, and the person is eventually
displaced by the project covered in the
proposed Supplemental Relocation Plan;
i. The displaced person resides on property for
which a contract for acquisition,
rehabilitation, demolition, construction, or
other displacing activity was entered into by
6
the Agency, or by a person having an agreement
with the Agency, prior to January 1998;
j . The displaced person resides on property where
an owner participation agreement, or other
agreement between the Agency and a private
party that will result in the acquisition,
rehabilitation, demolition, or development of
the property or other displacement, was
entered into prior to January 1, 1998, and the
displaced- person resides in the property at
the time of the agreement, provides
information to the Agency, or person having an
agreement with the Agency showing that he or
she did reside in the property at the time of
the agreement and is eventually displaced by
the project covered in the agreement.
4 . Comparable with respect to the number of rooms,
habitable space, and type and quality of
construction. 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.
5. In an area not subjected to unreasonable adverse
environmental conditions.
6. In a location generally not less desirable than the
location of the displaced person's dwelling with
respect to public utilities, facilities, services,
and the displaced person's place of employment.
If a dwelling which satisfies these standards is not
available, the Agency may consider a dwelling which exceeds them.
"Replacement dwelling" as herein defined does not refer to
"replacement dwelling unit" as that term is used and defined in.
Section 33411. 2 (c) of the California Community Redevelopment Law.
I. (S 209] Condominium
"Condominium" means a 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.
7
J. [§ 210] Decent, Safe and Sanitary Dwelling
"Decent, safe and sanitary dwelling" means a dwelling which is
in sound, clean and weather-tight condition, in good repair and
adequately maintained, in conformance with the applicable state and
.local building, plumbing, electrical, housing and occupancy codes
or similar ordinances or regulations and which meets the following
minimum standards:
1. Each housekeeping unit shall include a kitchen with
a fully usable sink, a stove or connection for a
stove, a separate and complete bathroom, hot and
cold running water in both bathroom and kitchen, an
adequate and safe wiring system for lighting and
other electrical services and heating as required
by climatic conditions and local codes.
2 . Each non-housekeeping unit shall be in conformance
with state and local standards for boardinghouses,
hotels and other dwellings for congregate living.
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 are incorporated herein. A unit
which is occupied by no more than the maximum number of people
allowed under the State Building Code shall be considered to be in
compliance with the occupancy provisions of this Section.
K. [§ 211] Department
"Department" means the California Department of Housing and
Community Development.
L. [§ 212] Displaced Business
"Displaced business" means any business which qualifies as a
displaced person under Section 214 hereof.
M. [§ 213] Displaced Farm Operation
"Displaced farm operation" means any farm operation which
qualifies as a displaced person under Section 214 hereof.
N. [§ 214] Displaced Person
"Displaced person" ;means both of the following:
1. Any person who moves from real property, or who
moves his or her personal property from real
property, either:
8
a. As a direct result of a written notice of
intent to acquire or the acquisition of the
real property, in whole or in part, for a
program or project undertaken by the Agency or
by any person having an agreement with or
acting on behalf of the Agency; or
b. As a direct result of the rehabilitation,
demolition, or other displacing activity as
the Agency may prescribe under a program or
project undertaken by the Agency, of real
property on which the person is in lawful
occupancy as a residential tenant, or by
conducting a business or farm operation, and
the displacement, except as provided in the
penultimate paragraph of this Section and in
Section 811, is determined by the Agency to be
permanent. For purposes of this subparagraph,
residential tenant includes an occupant of a
residential hotel unit, as _ defined in
subdivision (b) of Section 50669 of the Health
and Safety Code, and an occupant of employee
housing, as defined in Section 17008 of the
Health and Safety Code.
2 . Solely for the purposes of Sections 300 and 700,
any person who moves from real property, or moves
his or her personal property from real property,
either:
a. As a direct result of a written notice of
intent to acquire or the acquisition of other
real property, in whole or in part, on which
the person conducts a business or farm
operation, for a program or project undertaken
by the Agency; or
b. As a direct result of the rehabilitation,
demolition, or other displacing activity as
the Agency may prescribe under a program or
project undertaken by the Agency, of other
real property on which the person conducts a
business or farm operation, in any case in
which the Agency determines that the
displacement is permanent.
The definition contained in this Section shall be construed so
that persons displaced as a result of Agency action receive
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 Agency is
9
otherwise empowered to acquire the property to carry out the public
use.
Except persons or families of low and moderate income who are
occupants of housing which was made available to them on a
permanent basis by the Agency and who are required to move from the
housing, a "displaced person" shall not include any of the
following:
(1) Any person who has been determined to be
in unlawful occupancy of the displacement
property;
(2) Any person who is a post-acquisition
tenant of the real property;
(3) Any person who has occupied the real
property for the purpose of obtaining
assistance under the Relocation
Assistance Law or these Rules and
Regulations;
(4) In any case in which the 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;
(5) Any person occupying private property
(not otherwise entitled to relocation
benefits as a result of an acquisition,
rehabilitation or demolition program) who
is required to move as a result of the
Agency's routine enforcement of building,
housing or health codes unless the code
enforcement is undertaken for the purpose
of causing displacement in coordination
with an identified rehabilitation,
construction, or demolition program or
project;
(6) A person who is not required to move
permanently or temporarily as a result of
the project as long as they are notified
they are not required to move and the
project does not impose an unreasonable
change in the character or use of the
property;
10
(7) An owner-occupant who moves as a result
of an acquisition meeting the
requirements of Section 106.
Notwithstanding Section 804 or any other provision of law, a
person who is temporarily displaced for not more than 180 days, and
who is offered occupancy of a comparable replacement unit located
within the same apartment complex that contains the unit from which
he or she has been displaced, shall not be deemed a displaced
person. An "apartment complex" hereunder means four or more
residential rental units subject to common ownership and financing
that are also located on the same or contiguous parcels. This
paragraph shall be applicable only if all of the following
conditions are complied with:
(a) All other financial benefits and
services otherwise required by the
Relocation Assistance Law are
provided to the tenants temporarily
displaced from their units;
(b) The resident is offered the right to
return to his or her original unit,
with rent for the first 12 months
subsequent to that return being the
lower of the following: up to five
percent higher than the rent at the
time of displacement; or up to 30
percent of household income;
(c) The temporary unit is not
unreasonably impacted by the effects
of the construction, taking into
consideration the ages and physical
conditions of the members of the
displaced household, and the
estimated period of displacement is
reasonable;
(d) The property is a "qualified
affordable housing preservation
project", meaning a complex of four
or more units whose owners enter
into a recorded regulatory
agreement, having a term for the
useful life of the project, with any
entity for the provision of project
rehabilitation financing. For this
purpose, the regulatory agreement
shall require of the owner and all
successors and assigns of the owner,
as long as the regulatory agreement
11
is in effect, that at least 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
60 percent of the area median
income, adjusted by household size
as determined by the appropriate
agency of the State if California.
In addition, a project shall be
defined as a qualified affordable
housing preservation project only if
the beneficiary of the regulatory
agreement elects this designation by
so indicating on the regulatory
agreement.
A utility which relocates its poles, posts, wires, conduits,
cables, pipes, lines and necessary fixtures and equipment located
in, along, or under any public street, road or highway as the
result of activities in the implementation of a redevelopment plan
is not a displaced person.
O. [§ 215] Displaced Resident
"Displaced resident" means any individual or family occupant
of a dwelling who qualifies as a displaced person under Section 214
hereof.
P. [§ 216] Dwelling
"Dwelling" means the place of permanent or customary and usual
abode of a person, including a single-family dwelling, a single-
family unit in a two-family dwelling, multi-family or multipurpose
dwelling, a unit of a condominium or cooperative housing project,
a nonhousekeeping unit, a mobilehome, a recreational vehicle as
described in Health and Safety Code Section 18010, 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 Section 602 of these Rules and Regulations.
Q. [§ 217] 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.
12
R. [§ 218] Elderly Household
"Elderly household" means a household in which the head of
household or spouse is 62 years of age or older.
S. [§ 219] Family
"Family" means two or more individuals, one of whom is the
head of a household, plus all other individuals regardless of blood
or legal ties who live with and are considered a part of the family
unit.
T. [§ 220] 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.
U. j§ 221] Federal Project
"Federal project" means any direct federal project or any
project receiving federal financial assistance.
V. [§ 222] 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 for each dependent in excess of
three.
2 . A deduction of 10 percent 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 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 determined to be necessary to employment of
the head or spouse, except that the amount deducted
shall not exceed the amount of income received by
the person thus released.
13
Gross income is divided by 12 to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
considered as income for the determination of financial means.
W. (S 223) Handicapped Household
"Handicapped household" means a household in which any member
is handicapped or disabled.
X. (S 224) Initiation of Negotiations
"Initiation of negotiations" means the initial written offer
made by the Agency to the owner of the real property to be
purchased, or the owner's representative.
Y. (S 225] Last Resort Housing
"Last resort housing" means comparable replacement dwellings
provided by the Agency with its funds or funds authorized for the
project because comparable replacement dwellings will not otherwise
be available as needed.
Last resort housing as herein defined does not refer to
"replacement dwelling unit" as that term is used and defined in
Section 33411.2 (c) of the California Community Redevelopment Law.
Z. (S 226] Manufactured Home or Mobilehome
"Manufactured home" means a structure, transportable in one or
more sections, which, in the traveling mode, is eight body feet or
more in width, or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet, and 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; except that such term
shall include any structure which meets all the requirements of
this paragraph except the size requirements and with respect to
which the manufacturer voluntarily files a certification and
complies with the standards established under Part 2 of Division 13
of the Health and Safety Code. Manufactured home includes a
mobilehome subject to the National Manufactured Housing
Construction and Safety Act of 1974 (42 U.S.C. Section 5401, at.
sea. ) .
"Mobilehome" means 4 structure that meets the requirements of
a manufactured home. Mobilehome does not include a commercial
coach, as defined in Health and Safety Code Section 18001.8,
factory-built housing, as defined in Health and Safety Code Section
19971, or a recreational vehicle, as defined in Health and Safety
Code Section 18010.
14
or as Health and Safety Code Section 18007 or 18008,
respectively, may be amended from time to time.
AA. [§ 227] Mortgage
"Mortgage" means such classes of liens as are commonly given
to secure advances on, or the unpaid purchase price of, real
property, together with the credit instruments, if any, secured
thereby, including but not limited to deeds of trust and land sales
-contracts.
BB. [S 228] Nonprofit Organization
"Nonprofit organization" means a corporation, partnership,
individual or other public or private entity, engaged in a
business, professional or institutional activity on a non-profit
basis, necessitating fixtures, equipment, stock in trade, or other
tangible property for the carrying on of the business, profession
or institutional activity on the premises.
CC. [§ 229] Ownership
"Ownership" means holding any of the following interests in a
dwelling, or a contract to purchase one of the first six interests:
1. A fee title;
2. A life estate;
3 . A 50-year lease;
4 . A lease with at least 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 mobile home;
7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing
interests by devise, bequest, inheritance or operation of law, the
tenure of ownership, but not occupancy, of the succeeding owner
shall include the tenure, of the preceding owner.
DD. [S 230] Person
"Person" means any individual, family, partnership,
corporation, limited liability company or association.
15
EE. [§ 231] Personal Property
"Personal property" means tangible property which is situated
on the 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 of eminent
domain.
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 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.
FF. (§ 232) Post-Acquisition Tenant
"Post-acquisition tenant" means a tenant who lawfully
commences to occupy property only after the Agency acquires it, or
who lawfully occupies property after the private acquisition of
property by a person with a written agreement with the Agency for
the purpose of financing the purchase or development of the
property.
GG. [§ 233] 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 payments.
HH. [§ 234] Project Area Committee
"Project area committee" means a committee formed for a
redevelopment project area pursuant to Section 33385 of the
California Community Redevelopment Law.
With respect to any redevelopment project in which such a
project area committee has not been formed, "project area
committee" shall refer to residents and community organizations
within a displacement area.
II. [§ 235] Public Use
"Public use" means a use for which real property may be
acquired by eminent domain.
16
JJ. [§ 236] Relocation Appeals Board
"Relocation Appeals Board" means the relocation appeals board
established within the City pursuant to Section 33417.5 of the
California Community Redevelopment Law.
KK. [§ 237] Small Business
"Small business" means a business as defined in Part 24 of
Title 49 of the Code of Federal Regulations.
LL. [§ 238] Tenant
"Tenant" means a person who rents or is otherwise in lawful
possession of a dwelling, including a sleeping room, which is owned
by another.
MM. [§ 239] Unlawful Occupancy
"Unlawful occupancy" means occupancy where a person has been
ordered to move by a court of competent jurisdiction or if 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.
III. [§ 300] RELOCATION ADVISORY ASSISTANCE
A. [§ 301] Advisory Assistance to be Provided by the
Agency
Programs or projects undertaken by the Agency shall be planned
in a manner that 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 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 Agency
shall ensure the relocation assistance advisory services described
in this Section 301 are made available to all persons displaced by
the Agency. If the Agency determines that any person occupying
property immediately adjacent to the property where the displacing
activity occurs is caused substantial economic injury as a result
thereof, the Agency may make the advisory services available to the
person.
Notwithstanding Section 214, in any case in which the Agency
acquires property for a program or project, any person who occupies
the property on a rental basis for a short term or a period subject
to termination when the property is needed for the program or
17
project, shall be eligible for advisory services to the extent
determined by the Agency.
The relocation advisory assistance to be provided by the
Agency shall include those measures, facilities and/or services
which are necessary or appropriate to do all of the following:
1. Determine and make timely recommendations on the
needs and preferences, if any, of displaced persons
for relocation assistance;
2. Provide current and continuing information on the
availability, sales prices, and rentals of
comparable replacement dwellings for displaced
homeowners and tenants, and suitable locations for
businesses and farm operations;
3. 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
individuals, decent, safe, and sanitary dwellings,
sufficient in number to meet the needs of, and
available to, those displaced persons requiring
those dwellings and reasonably accessible to their
places of employment, except that, in the case of a
federally funded project a waiver may be obtained
from the federal government;
4. Assure that a person shall not be required to move
from a dwelling unless the 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 Section 102 (2)
of the Hazard Mitigation and Relocation
Assistance Act of 1993 (42 U.S.C. 5121) and/or
the California Natural Disaster Assistance
Act;
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 and safety of the person.
18
5. Assist a person displaced from a business or farm
operation in obtaining and becoming established in
a suitable replacement location;
6. Supply information concerning other federal and
state programs which may be of assistance to those
persons in applying for assistance under the
program;
7. Provide other advisory services to displaced
persons in order to minimize hardships to those
persons;
8. Fully inform eligible persons within 60 days
following the initiation of negotiations, but not
later than the close of escrow on the property, as
to the availability of relocation benefits and
assistance and the eligibility requirements
therefor, as well as the procedures for obtaining
such benefits and assistance. For projects by
private parties with an agreement with the Agency,
the initiation of negotiations shall be the later
of the date of acquisition or the date of the
written agreement between the private entity and
the Agency for purposes of acquiring or developing
the property;
9. Assist each eligible, displaced person to complete
applications for payments and benefits;
10. Provide any services required to insure that the
relocation process does not result in different or
separate treatment on account of race, color,
religion, ancestry, national origin, sex, sexual
orientation, marital status, familial status, or
any basis protected by state or federal anti-
discrimination laws, or any other arbitrary
circumstances. Such relocation process shall
satisfy the requirements of Title VI of the Civil
Rights Act 1964, Title VIII of the Civil Rights Act
of 1968, the Unruh Civil Rights Act, the California
Fair Housing Law and applicable state and federal
anti-discrimination laws;
11. Inform all persons who are expected to be displaced
about the eviction policies to be pursued in
carrying out the project.
19
B. [§ 302] Informational Program
1. [§ 303] General Information
The 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 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.
The Agency shall provide technical assistance as necessary to
interpret elements of the Agency's Relocation Plan and other
pertinent materials.
2. [§ 304] Personal Contact
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property the Agency shall
contact each eligible person occupying such property to carefully
explain and discuss fully with such person the extent of relocation
payments and assistance that may be made available by the Agency.
Such contact shall be direct and personal except where repeated
efforts indicate that such contact is not possible. Such contact
may be made at the time and as part of the interview to ascertain
relocation needs conducted pursuant to Section 310. All persons
shall be advised and encouraged to visit the Agency's relocation
office for information and assistance. The Agency shall maintain
personal contacts with occupants of the property to the maximum
extent practicable.
3. {§ 305] Information Statement: Relocation
Assistance
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property (and within 60
days thereof, but at least 90 days before displacement) the Agency
shall provide each occupant of such property with a written
statement containing the following information:
1. A general description of the nature and types of
activities that will be undertaken and
identification of the displacement area involved,
including a diagrammatic sketch of such area;
2 . A statement that Agency action may result in
displacement, but that to the greatest extent
practicable, no person lawfully occupying the real
20
property will be required to move without at least
90 days' written notice from the Agency;
3. A statement to residents that families and
individuals will not be required to move from their
dwellings before reasonable offers of comparable
replacement dwellings within their financial means
have been made, except under limited circumstances
provided for in these Rules and Regulations;
4. 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;
5. Identification of the Agency's relocation program
and a description of relocation services and aids
that will be available;
6. Encouragement to visit the Agency's relocation
office and cooperate with staff, and the address,
telephone number and hours of the relocation
office;
7 . Information to residents on replacement dwellings,
including:
a. A brief description of what constitutes a
replacement dwelling, including physical
standards;
b. A layman's description of applicable federal,
state and local fair housing laws;
C. A statement that the Agency will identify
available- comparable replacement dwellings and
will provide assistance to persons in
obtaining housing of their choice, including
assistance in referring complaints of
discrimination to the appropriate federal,
state or local fair housing enforcement
agency;
d. A statement that persons may seek their own
housing accommodations, and urging them, if
they do so, to notify the Agency prior to
making a commitment to purchase or occupy the
property.
8. A statement to businesses that the Agency will
provide every possible assistance in locating
21
relocation accommodations, including consultation
with the Small Business Administration and other
governmental agencies which might be of assistance;
9. A statement to businesses describing the
requirement for prior notification to the Agency of
the business concern's intention to move;
10. A statement of the Agency's eviction policy;
11. A statement describing the Agency's grievance
procedure, its purpose and how it may be used;
12. Any additional information that the Agency believes
would be helpful.
Where appropriate, separate information statements shall be
prepared for residential and non-residential occupants.
4. [§ 306] Notice of Eligibility Status
In addition to disseminating general information of the type
described in Section 302, the Agency shall provide each occupant of
the property with individual, written notification of the
eligibility status as soon as it has been established.
5. [§ 307] Language of Informational Material
Informational material shall be prepared in the language(s)
most easily understood by the recipients. In displacement areas
where there are significant concentrations of persons who do not
read, write, or understand English fluently, the native language of
the people should be used and all informational material should be
provided in the native language(s) and English.
6. [§ 308] Method of Delivery of Informational
Material
To assure receipt of the informational material, the Agency
shall arrange to have the material either hand-delivered to each
occupant of the property with a request for a written receipt, or
sent by certified mail, return receipt requested.
C. [§ 309] Determination of Relocation Needs
1. [§ 310] Interviews
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property the Agency shall
interview each eligible person occupying such property to obtain
information upon which to plan for housing and other
accommodations, as well as counseling and assistance needs. The
22
interview shall be by direct, personal contact, except where
repeated efforts indicate that such contact is not possible. The
Agency shall carefully explain and discuss fully with each person
interviewed the purpose of the interview.
When a person cannot be interviewed or the interview does not
produce the information to be obtained reasonable efforts shall be
made to obtain the information by other means.
a. [§ 311] Information to be Obtained
The Agency shall endeavor to obtain the following information
from eligible persons:
(1) Income;
(2) Whether a person is elderly or
handicapped;
(3) size of family;
(4) Age of children;
(5) Location of job and factors limiting
accessibility;
(6) Area of preferred relocation;
(7) Type of unit preferred;
(8) Ownership or tenant preference;
(9) Need for social and public services,
special schools and other services;
(10) Eligibility for publicly assisted or
subsidized housing;
(11) 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
23
neighborhood conditions (including
municipal services) .
(12) Such other matters that concern a
household as its members contemplate
relocation.
b. [§ 312] Coordination with Other Agencies
In order to avoid duplication of effort and to ensure that
necessary information is available at the appropriate time, the
Agency shall coordinate its interview activities with the survey
activities, if any, of other agencies. Gathering of data pertinent
to social service referrals of eligible persons shall be planned in
cooperation with social service agencies.
C. [§ 313] Interview after Person Moves without
Notice
If the Agency fails to conduct the required interview of any
eligible person in a timely and effective manner, the Agency shall
make every reasonable effort to identify, locate and interview such
person who has moved so that his relocation needs can be
determined.
2. [§ 314] Relocation Records
Based on information obtained during interviews and from other
sources as applicable, the Agency shall prepare and maintain an
accurate relocation record for each person to be displaced. The
record shall contain a description of the pertinent characteristics
of the persons to be displaced and the assistance deemed to be
necessary. A displaced person (or any person authorized in writing
by such person) shall have' the right to 'inspect such documents
containing information relating to him to the extent and in the
manner provided by law.
3. [§ 315] Updating Information
In the event of delay of more than one year in the relocation
of eligible persons occupying a parcel of real property with
respect to which the Agency has initiated negotiations for
acquisition, information pertaining to the relocation needs of such
persons shall be undated prior to implementation of the
displacement. Eligible persons shall be encouraged to bring any
change in their needs to the attention of the Agency.
D. [§ 316] Relocation Site Office
The 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
24
be staffed with trained and/or experienced relocation personnel.
Office hours shall be scheduled to accommodate persons unable to
visit the office during normal business hours. The Agency may also
make provision for meeting with displaced persons in their homes or
places of business.
E. (§ 317) Contracting for Relocation Services
The 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 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 Agency's relocation assistance program.
IV. [§ 400] RELOCATION PLANS
A. [§ 401] Overall Relocation Plan
1. [§ 402] Contents of Plan
a. [§ 403] Report to City Council
As part of the Agency's report to City Council submitted in
connection with the adoption of a redevelopment plan for any
redevelopment project area, the Agency shall prepare a feasible
method or plan for the relocation of all of the following:
(1) Families and persons to be temporarily or
permanently displaced from housing
facilities in the project area; and
(2) Nonprofit local community institutions to
be temporarily or permanently displaced
from facilities actually used for
institutional purposes in the project
area.
The method or plan shall show that there are or are being
provided in the redevelopment project area, or in other areas,
comparable replacement dwellings equal in number to the number of
and available to families and persons displaced from dwellings in
the redevelopment project area. The method or plan shall also show
that permanent housing facilities will be available within three
25
years from the time occupants of the redevelopment project area are
displaced and that pending the development of such facilities there
will be available to such displaced occupants adequate temporary
housing facilities at rents comparable to those in the City at the
time of their displacement.
The method or plan shall provide that no persons or families
of low or moderate income shall be displaced unless and until there
is a suitable housing unit available and ready for occupancy by
such displaced person or family at rents comparable to those at the
time of their displacement. Such housing units shall be suitable
to the needs of such displaced persons or families and must be
decent, safe, sanitary, and otherwise standard dwellings.
The Agency may also provide in such report to City Council a
feasible method or plan for the relocation of businesses to be
temporarily or permanently displaced from facilities in the project
area.
Plans prepared pursuant to this Section shall be provided to
the Department upon request to be reviewed by the Department.
b. (S 404) Additional Plan Elements
In addition to the plan elements referred to in Section 403,
the Agency shall prepare and maintain as part of its Overall
Relocation Plan the following information:
(1) A detailed description of the relocation
advisory services program, including
specific procedures for locating and
referring eligible persons to comparable
replacement dwellings;
(2) A description of the relocation payments
to be made and a plan for disbursement;
(3) Standard information statement(s) to be
sent to all persons to be displaced;
(4) A description of relocation office
operation procedures;
(5) Plans for citizen participation;
(6) An enumeration of coordination activities
undertaken with other displacing agencies
and social service agencies;
(7) A formal grievance procedure for use by
displaced persons seeking administrative
review of Agency determinations.
26
2. [S 405] Procedure for Preparation
The method or plan for relocation prepared pursuant to Section
403 shall accompany each redevelopment plan submitted by the Agency
to the City Council as required by Section 33352 of the California
Community Redevelopment Law.
With respect to redevelopment projects adopted after the
effective date of these Rules and Regulations, the additional plan
elements required by Section 404 shall be prepared, reviewed and
approved by the Agency concurrently with such method or plan. With
respect to redevelopment projects adopted prior to the effective
date of these Rules and Regulations, such additional plan elements
shall be prepared, reviewed and approved by the Agency within 120
days of such effective date.
B. [S 406] Supplemental Relocation Plans
1. [S 407) Required Generally
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property in any
displacement area required for site improvements, disposition and
development agreements, participation agreements or any other
activity in implementing a redevelopment plan that will result in
displacement, the Agency shall prepare a Supplemental Relocation
Plan. When the Agency's action will only result in an
insignificant amount of non-residential displacement, or
residential displacement will not exceed 15 households, the Agency
is not required to prepare such a Supplemental Relocation Plan.
2. [S 408] Contents of Plan
The Supplemental Relocation Plan for an implementation
activity shall contain the following elements:
(1) A diagrammatic sketch of the displacement
area;
(2) Projected dates of displacement;
(3) An analysis of the aggregate relocation
needs of all persons to be displaced,
including an analysis of replacement
dwelling needs in accordance with Section
409;
(4) An analysis of replacement dwelling
resources, in accordance with Section
410, based upon a survey of available
comparable relocation resources initiated
27
within 60 days following initiation of
negotiations;
(5) A detailed explanation as to how the
aggregate relocation needs of all persons
to be displaced are to be met;
(6) A cost estimate for carrying out the
Supplemental Relocation Plan and
identification of the source of necessary
funds;
(7) A detailed plan by which any last resort
housing is to be provided, in accordance
with Section 411;
(8) Temporary relocation plans, if any;
(9) Additional information or data regarding
any plan element prepared pursuant to
Section 401, as necessary to address such
relocation aspects of the implementation
activity not previously considered in the
Overall Relocation Plan.
a. [§ 4091 Analysis of Replacement Dwelling
Needs
A written analysis of replacement dwelling needs shall be
prepared. It shall be prepared in sufficient detail to enable
determination of the availability for all potential displacees of
housing which meets the standards set forth in the definition of
comparable replacement dwelling.
The written analysis of replacement dwelling needs shall
include:
(1) Separate information . concerning
homeownership and rental units;
(2) The number of units identified by cost
for each size category;
(3) Needs of elderly and handicapped
households shown separately, including
information on the number of such
households requiring special facilities
and the nature of such facilities;
(4) Description of the locational
characteristics of the displacement area
neighborhoods corresponding to the
28
requirements of comparable replacement
dwellings;
(5) Information concerning proximity to
present employment sources, medical and
recreational facilities, parks, community
centers, shopping, transportation and
schools;
(6) Information concerning proximity to other
relevant needs and amenities.
b. [§ 4101 Analysis of Replacement Dwelling
Resources
A written analysis of replacement dwelling resources shall be
prepared in sufficient detail to enable a determination of the
availability for all potential displacees of housing which meets
the standard for comparable replacement dwelling.
The written analysis of replacement dwelling resources shall
include:
(1) Separate information concerning
homeownership and rental units;
(2) The number of units available by cost for
each size category;
(3) Resources available to meet the needs of
elderly and handicapped households shown
separately, including information on the
number of units with special facilities
and the nature of such facilities;
(4) Description of the locational
characteristics of the neighborhoods in
the survey area (established pursuant to
Sections 503-505 below) corresponding to
the requirements of comparable
replacement dwellings;
(5) Information concerning proximity to
present employment sources (with the
consent of the displaced person a
potential employer may be substituted) ,
medical and recreational facilities,
parks, community centers, shopping,
transportation and schools;
(6) Information concerning proximity to other
relevant needs and amenities.
29
C. [§ 411] Method of Providing Last Resort
Housing
If the Agency determines to use its funds or the funds
authorized for the project to provide last resort housing, the
Agency shall, as part of the Supplemental Relocation Plan, prepare
a plan for producing such last resort housing. The Plan shall
specify:
(1) How, when and where the housing will be
provided;
(2) How the housing will be financed and the
amount of funds to be diverted to such
housing;
(3) The prices at which the housing will be
rented or sold to the families and
individuals to be displaced;
(4) The arrangements for housing management
and social services, as appropriate;
(5) The suitability of the location and
environmental impact of the proposed
housing;
(6) The arrangements for maintaining rent
levels appropriate for the persons to be
rehoused;
(7) The disposition of proceeds for rental,
sale or resale of such housing;
(8) Any referendum or zoning requirements and
the appropriate procedures to be
followed.
The Agency may consult or contract with the Department, a
local housing authority or other agency or organization having
experience in the administration or conduct of housing programs to
provide technical assistance and advise in the development of the
plan for last resort housing.
d. [§ 412] Information Required
The Supplemental Relocation Plan shall contain sufficient
facts to show that:
(1) Fair and reasonable relocation payments
will be provided to eligible persons as
30
required by state law and these Rules and
Regulations;
(2) A relocation advisory assistance program
will be established in conformance with
state law and these Rules and
Regulations;
(3) Eligible persons will be adequately
informed of the assistance, benefits,
policies, practices and procedures,
including grievance procedures, provided
for by state law and these Rules and
Regulations;
(4) Based upon recent survey and analysis of
both the housing needs of persons who
will be displaced and available
replacement housing and considering
competing demands for that housing,
comparable replacement dwellings will be
available, or provided, if necessary,
within a reasonable period of time prior
to displacement sufficient in number,
size and cost for the eligible persons
who require them;
(5) Adequate provisions have been made to
provide orderly, timely, and efficient
relocation of eligible persons to
comparable replacement dwellings
available without regard to race, color,
religion, ancestry, national origin, sex,
sexual orientation and marital status,
with minimum hardship to those affected;
(6) A relocation plan meeting the
requirements of state law and these Rules
and Regulations has been prepared;
(7) The necessary relocation resources will
be available as required;
(8) With respect to the acquisition of real
property, to the greatest extent
practicable, adequate provisions have
been made to be guided by the applicable
provisions of state law and these Rules
and Regulations.
31
3 . [§ 413] Review of Supplemental Relocation Plan
The Supplemental Relocation Plan for an implementation
activity shall be submitted to the Project Area Committee for
review and comment. The Project Area Committee shall have 30
calendar days following receipt of the plan to prepare and submit
written comments to the Agency. The Agency Board shall review and
consider the information contained in each Supplemental Relocation
Plan prior to displacing persons in connection with the
redevelopment plan implementation activity for which the
Supplemental Relocation Plan was prepared.
C. [§ 414] Conformance to General Plan
Relocation plans prepared by the Agency in accordance with
Section 400 shall be consistent with the Housing Element of the
City's General Plan.
D. [§ 415] Update of Relocation Plans
In the event of delay of more than one year in the
implementation of a Supplemental Relocation Plan prepared by the
Agency, such Supplemental Relocation Plan shall be updated prior to
its implementation. In addition the Agency shall maintain its
Overall Relocation Plan in a manner to reflect current law,
procedures, and circumstances.
V. [§ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLING
A. [§ 501] Requirement Generally
No displaced resident shall be required to move from his or
her dwelling because of its acquisition by the Agency, unless
comparable replacement housing is available to the person. The
foregoing shall not apply to a displaced resident who owns the
dwelling being acquired, who agrees with the Agency in writing to
remain in occupancy of the acquired dwelling, as provided in
Section 606b below.
The Agency shall assure that, within a reasonable period of
time prior to displacement, to the extent that it can be reasonably
accomplished, there will be available comparable replacement
dwellings equal in number to the number of displaced residents who
require such dwellings. In any event, permanent housing facilities
(comparable replacement dwellings) shall be made available within
three years from the time residents are displaced and pending the
development of such facilities there shall be available to such
displaced residents adequate temporary housing facilities.
32
B. [§ 502] Procedure for Identifying Comparable
Replacement Dwellings
1. [§ 503] Survey of Available Replacement Dwellings
As soon as practicable following the initiation of
negotiations to acquire a parcel of real property the Agency shall
initiate a survey of available comparable replacement dwellings.
If a recent survey that provides the information identified in
Section 504 is not available, the 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. In the event of delay in carrying out the implementation
activity to which the survey pertains, the survey shall be updated
at least annually.
2. [§ 504] Information to be Obtained
a. [§ 505] Survey Area
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.
b. [§ 506] Gross Number of Comparable
Replacement Dwellings
(1) [§ 507] Standard Generally
Only dwelling units which satisfy the standards of comparable
replacement dwellings, including the locational criteria, shall be
counted as a relocation resource.
(2) [§ 508] Uncompleted New Construction or
Rehabilitation
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.
(3) [§ 509) Publicly Subsidized Housing
Publicly subsidized housing, as defined pursuant to Article
XXXIV of the California Constitution and Sections 37000 through
37002 of the Health and Safety Code, shall only be counted toward
33
the gross number of comparable replacement dwellings if it
reasonably can be established that:
(a) The dwelling units will be available
when needed;
(b) The governmental body providing the
subsidy has made, in writing, a
reasonably binding commitment of
assistance;
(c) The dwelling units have been
inspected and determined to be
decent, safe and sanitary and the
income ceilings, rent ranges and age
restrictions, if any, have been
considered;
(d) The number of dwelling units
available in the City exceeds the
number of households in need of the
dwelling units, provided however
that this requirement shall not
apply when:
i) the Agency or another public
entity undertakes to provide
such publicly subsidized
housing specifically as a
relocation resource; or
ii) the Agency establishes that
such publicly subsidized
housing will be replaced by
last resort housing within four
years. To establish that last
resort housing will be
developed as required the
Agency must have site control
with permissive zoning,
preliminary plans and
conditional commitments for
subsidy and financing, or the
equivalent, and must identify
ownership;
(e) With respect to uncompleted new
construction or rehabilitation, such
publicly subsidized dwelling units
are being subsidized to provide
relocation resources.
34
C. IS 510] Adjustment for Concurrent
Displacement
The gross number of comparable replacement dwellings in the
survey area shall be discounted to reflect concurrent displacement
by the federal government and its agencies, including federally
assisted projects, as well as displacement by other public
entities.
d. IS 511] Adjustment for Housing Turnover
The gross number of comparable replacement dwellings in the
survey area shall be discounted to reflect the extent to which
turnover exists. Turnover is the dynamic operation by which
occupancy changes occur within a standing inventory of dwelling
units over a period of time and theoretically could occur in the
complete absence of vacancies on a person to person basis.
Turnover may not be counted as an available housing resource.
3. IS 512] Review of Survey Results
When more than 15 households will be displaced, 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 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 Agency
may proceed to displace residents from dwellings, but only to the
extent that the Agency obtains offers of comparable replacement
dwellings for such residents in accordance with the provisions of
Section 513 .
C. IS 513] Offers of Replacement Dwellings
The Agency shall obtain at least three offers of comparable
replacement dwellings for each displaced resident; provided that
where the Agency determines that, due to special circumstances,
three is not a reasonable number, fewer than three offers may be
deemed sufficient to satisfy the requirements of this Section.
Such offers shall be in writing, in a language understood by the
displaced resident.
The 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.
35
D. [§ 514] Temporary Move
1. [§ 515] Use of Temporary Replacement Housing
The Agency may relocate displaced residents to temporary
replacement housing under the conditions provided in Section 514.
Such housing shall meet the standards of an adequate replacement
dwelling. Adequate replacement dwelling means a dwelling which
meets all of the criteria for a comparable replacement dwelling,
except that with respect to the number of rooms, habitable living
space and type of construction the dwelling need be only adequate,
not comparable. A replacement dwelling is an adequate replacement
dwelling if it conforms to the occupancy standards of the Agency,
as they presently exist or as they may be amended from time to
time. A copy of the Agency's occupancy standards is on file in the
office of the Agency.
The Agency shall minimize, to the greatest extent feasible,
the use of temporary replacement housing. Temporary replacement
housing may be used, among other appropriate times, when a project
plan anticipates moves back into completed project accommodations.
Notwithstanding the provision that permanent housing
facilities may be made available at any time within three years
from the time residents are displaced, to the extent reasonably
practicable, the Agency shall not rely upon temporary replacement
housing if comparable replacement dwellings will not be available
to the displaced resident within 12 months of the date of the
temporary move. The displaced resident may agree to extend the 12
month limitation.
2 . [§ 516] Relocation Assistance and Payments
The 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.
3 . [§ 517] Assurance Prior to Temporary Move
Prior to any temporary move, the Agency shall determine and
provide written assurance to each displaced resident that:
a. Comparable replacement dwellings will be made
available at the earliest possible time, and
to the extent reasonably practicable no later
than 12 months from the date of the move to
the temporary replacement housing;
b. Comparable replacement dwellings will be made
available, on a priority basis, to the
36
individual or family who has been temporarily
rehoused;
C. 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;
d. 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;
e. The Agency will pay all costs in connection
with the move to temporary replacement
housing, including increased housing costs.
E. [§ 518] Provision of Last Resort Housing
1. [§ 519] Authorization; Methods
If a program or project undertaken by the Agency cannot
proceed on a timely basis because comparable replacement dwellings
are not available, and the Agency determines that such housing
cannot otherwise be made available, the Agency shall take any
actions necessary or appropriate to provide the dwellings by use of
funds authorized for the project. This Section shall be construed
to authorize the Agency to exceed the maximum amounts which may be
paid under Sections 604 and 614 on a case-by-case basis for good
cause as determined by the Agency in a Supplemental Relocation Plan
prepared pursuant to Section 411. Where the Agency is undertaking
a project with funds administered by a state agency or board, the
determination of payments to be made pursuant to this Section shall
be pursuant to these Rules and Regulations.
The Agency may expend funds and take such other actions as
necessary to provide, rehabilitate, or construct last resort
housing pursuant to an approved plan for last resort housing
through methods including but not limited to the following:
a. A replacement housing payment calculated in
accordance with the provisions of Sections 604
or 614, as appropriate, even if the
calculation is in excess of the monetary
limits of Government Code Sections 7263 and
7264 . A rental assistance payment under this
37
Section shall be paid to the displaced person
in a lump sum, or at the discretion of the
Agency, $5,250 shall be paid to the displaced
person in a lump sum upon displacement and the
remainder of the payments shall be paid to the
displacee in periodic payments over a period
not to exceed 42 (or 48 as applicable) months
unless otherwise specified by statute;
b. Major rehabilitation of and/or additions to an
existing replacement dwelling in a sum equal
to or greater than the payment to which the
displaced person is entitled under Section
519a;
C. 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 Section 519a;
d. The relocation and, if necessary,
rehabilitation of a dwelling;
e. The purchase of land/or a replacement dwelling
by the Agency and subsequent sale or lease to,
or exchange with a displaced person;
f. For purposes of accommodating the needs of
handicapped persons, the removal of barriers
to the handicapped;
g. Transfer of funds to state and local housing
agencies;
h. Contract with organizations experienced in the
development of housing;
i. Provide housing subsidies as permitted by law.
Whenever practicable, the Agency shall 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 most efficiently to provide last resort housing in
sufficient quantity to satisfy the aggregate needs of such
programs.
38
2 . [§ 520] Nondiscrimination; Affirmative Action
All contracts and subcontracts for the construction,
rehabilitation or management of last resort housing shall be let
without discrimination as to race, color, religion, ancestry,
national origin, sex, sexual orientation, marital status or other
arbitrary circumstance and pursuant to an affirmative action
program. The Agency shall encourage participation by minority
persons in all levels of construction, rehabilitation, planning,
financing and management of last resort housing. When the housing
will be located in an area of minority concentration, the Agency
shall seek to secure significant participation of minorities in
these activities. The Agency shall require that, to the greatest
extent feasible, opportunities for training and employment arising
in connection with the planning, construction, rehabilitation and
operation of last resort housing be given to persons of low income
residing in the area of such housing and shall determine and
implement means to secure the participation of small businesses in
the performance of contracts for such work.
3 . [§ 521] Conformity with Statutes and Regulations
The provision of last resort housing by the Agency shall be in
accord with the provisions of all applicable federal and state non-
discrimination laws and regulations issued pursuant thereto.
4. [§ 522] Monitoring Housing Production
The Agency shall monitor the production of the last resort
. housing to ensure that it is in accordance with the plan for last
resort housing approved by the Agency.
5. [§ 523] Retention of Benefits upon Move to Last
Resort Housing
The Agency shall not require a displaced resident to accept
last resort housing in lieu of the displaced resident's acquisition
payment, if any, for the real property from which he is displaced
or the relocation payments for which he may be eligible.
F. [§ 524] Move to Substandard Dwelling Unit
The Agency shall inspect each replacement dwelling prior to
the time a displaced resident occupies it. The 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
is referred by the Agency and the dwelling unit does not satisfy
the standard of a comparable replacement dwelling, the Agency shall
39
offer to locate such a 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 has occupied, the displaced resident shall
nevertheless be eligible to receive relocation assistance and
payments if one of the following conditions is met:
1. If he occupied the substandard dwelling unit
following referral by the Agency; or
2 . If the rental or purchase of the substandard
dwelling unit is the result of the 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 Agency's referral or failure
to refer, when the substandard dwelling unit is
brought into compliance with the decent, safe and
sanitary standard.
In the event the condition met is 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.
G. [§ 525] 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
Agency may require an eligible displaced resident to move from his
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 Section 102 (2) of the Hazard
Mitigation and Relocation Assistance Act of 1993
(42 U.S.C. 5121) and/or the California National
Disaster Assistance Act;
2 . During periods of national or state emergency
declared by the President or Governor;
3 . When any; other emergency situation occurs 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.
40
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.
VI. [§600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS
A. [§ 601] Payments Required
The Agency shall compensate a displaced resident for the
actual moving and related expenses the Agency determines to be
reasonable and necessary, including the expenses described in
Section 602 or 603 and in Section 604 or 614. A displaced resident
who lives on his business property may be eligible for both the
payments described in this Section 600 and the payments to a
displaced business provided under Section 700. A person who moves
from his dwelling or who moves his personal property therefrom
because he is displaced by the Agency from other real property on
which he conducts a business shall be eligible only for payments
provided for under Section 602 or 603.
B. [§ 602] Actual Reasonable Moving Expenses
A displaced resident shall be compensated for the actual
reasonable expense incurred in moving himself or herself, or his or
her family; or his or her, or his or her family's personal
property. In all cases the amount of a payment shall not exceed
the reasonable cost of accomplishing the activity in connection
with which a claim has been filed.
The moving and related expenses for which claims may be filed
shall include:
1. Transportation of persons and property not to
exceed a distance of 50 miles from the site from
which the resident was displaced, except where the
Agency determines that relocation beyond such
distance of 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 12 months, as determined by
the 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, his agent or employee) in the
41
process of moving, where insurance covering such
loss, theft or damage is not reasonably
available;
6. The cost of disconnecting, dismantling, removing,
reassembling, reconnecting and reinstalling
machinery, equipment or other personal property not
acquired by the Agency, including connection
charges imposed by public utilities for starting
utility service.
C. [§ 603] 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 payments, a moving expense and dislocation
allowance which shall be determined according to a schedule
established by the 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. [§ 604] Replacement Housing Payments for Displaced
Homeowners
1. [§ 605] Amount of Payment
The Agency shall make to a displaced resident who meets the
eligibility requirements of Section 606 a payment not to exceed a
combined total of $22,500 for:
a. The amount, if any, which when added to the
acquisition cost of the dwelling acquired for
the project equals the reasonable cost of a
comparable replacement dwelling. 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
costs which the displaced resident is required
to pay for financing the acquisition of a
comparable replacement dwelling. The payment
shall not be made unless the dwelling acquired
by the Agency was encumbered by a bona f ide
mortgage which was a valid lien on the
dwelling for not less than 180 days
immediately prior to the initiation of
negotiations for acquisition of such dwelling.
(This time requirement may be modified in
42
accordance with the provisions of Section
606a) . All of the mortgages on the acquired
dwelling shall be used to compute the payment;
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. 606] Eligibility
A displaced resident is eligible for a replacement housing
payment if such person satisfies the following conditions:
a. Has actually owned and occupied the dwelling
from which he is displaced as a permanent or
customary and usual place of abode for not
less than 180 days prior to the initiation of
negotiations for acquisition of such dwelling.
If an owner satisfies all but the 180 day
requirement and can establish to the
satisfaction of the Agency that he bought the
dwelling with the intention of making it his
place of residence, that the move was not
motivated by a desire to receive relocation
assistance and benefits, and that he neither
knew nor should have known that public
acquisition was intended, the Agency may
reduce the requirement as necessary.
b. Purchases and occupies a decent, safe, and
sanitary replacement dwelling within one year
from the later of:
(1) The date the displaced resident receives
final payment for the displacement
dwelling, or in the case of condemnation,
the date the full amount of estimated
just compensation is deposited in court;
or
(2) The date the Agency fulfills its
obligation to make available at least one
comparable replacement dwelling to the
displaced resident.
However, the Agency may extend the period for
good cause. Also, the displaced resident and
43
the Agency may agree in writing that the
displaced resident may remain in occupancy of
the acquired dwelling as a tenant of the
Agency, on the conditions that the displaced
resident shall only be entitled to the payment
authorized by this Section on the date on
which the owner moves from the acquired
dwelling, and the payment shall be an amount
equal to that which the displaced resident
would have been entitled if the displaced
resident had purchased and occupied a
replacement dwelling one year subsequent to
the date on which final payment was received
for the acquired dwelling from the Agency.
C. 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 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 Agency may extend the
deadline as necessary. If by the deadline the
displaced person has contracted to purchase a
replacement dwelling, the Agency may extend
the deadline. 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.
In implementing the Relocation Assistance Law, it is the
intent that special consideration be given to the financing and
location of a comparable replacement dwelling for displaced
residents 62 years of age or older.
44
3. [§ 607] Computation of Replacement Housing
Payment
a. [§ 608] Reasonable Cost of Comparable
Replacement Dwelling
In determining the reasonable cost of a comparable replacement
dwelling, the Agency shall use one of the following methods:
(1) Comparative Method. On a case by case
basis by determining the listing price of
dwellings which have been selected by the
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; or
(2) Schedule Method. Where the 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 Agency shall cooperate
with other entities causing displacement
in the area to establish a uniform
schedule. The schedule shall be based on
a current analysis of the market to
determine a reasonable cost for each type
of dwelling to be purchased. 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; and
(3) Alternative Method. Where the Agency
determines that neither the schedule
method nor the comparative method is
feasible in a given situation, it may use
another reasonable method selected by the
Agency.
Whichever method is selected, the cost shall be updated to
within three months of the date of purchase of the replacement
dwelling.
45
b. 609] Increased Interest Cost
The amount of increased interest cost shall be computed using
the lesser of the principal balance of the mortgage on the
replacement dwelling or the outstanding principal balance of the
mortgage on the acquired dwelling and the lesser of the remaining
term on the acquired dwelling or the actual term of the new
mortgage. The present value of the increased interest costs shall
be computed based on the lesser of the prevailing interest rate or
the actual interest rate on the replacement property. The amount
shall also include other reasonable debt service costs incurred by
the displaced resident. For the purposes of this Section 609, if
the replacement dwelling is a mobile home, the term "mortgage, " as
defined in Section 227, shall include those liens as are commonly
given to secure advances on, or the unpaid purchase price of,
mobile homes, together with the credit instruments, if any, secured
thereby.
C. [§ 610] Expenses Incident to the Purchase of
the Replacement Dwelling
The replacement housing payment shall include the amount
necessary to reimburse the displaced resident for actual costs
incurred by him incident to the purchase of the replacement
dwelling, including but not limited to the following:
(1) Legal, closing, and related costs
including title search, preparing
conveyance contracts, notary fees,
surveys, preparing drawings or plats, and
charges paid incident to recordation;
(2) Lender, FHA, VA or similar appraisal
costs;
(3) FHA, VA, or similar application fee;
(4) Cost for certification of structural
soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's
evidence or assurance of title;
(7) Escrow agent's fee;
(8) ; Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount
attributable to the purchase of a replacement dwelling. Such
46
expenses shall be reasonable and legally required or customary in
the City.
Reimbursement shall not be made under the provisions of this
Section for any fee, cost, charge, or expense which is determined
to be a part of the debt service or finance charge under Title I of
the Truth in Lending Act and Regulation Z issued pursuant thereto
by the Board of Governors of the Federal Reserve System. Any such
sum should be considered in the determination of increased interest
cost.
4. [§ 611] Multi-Family Dwelling
In the case of a displaced homeowner who is required to move
from a one-family unit of a multi-family building which he owns,
the replacement housing payment shall be based on the cost of a
comparable one-family unit in a multi-family building of
approximately the same density or, if that is not available, in a
building of the next less density, or, if a comparable one-family
unit in such a multi-family building is not available, the cost of
any otherwise comparable single-family structure.
5. [§ 612] Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and occupy
his dwelling, the amount payable as the replacement housing payment
is the difference between the acquisition price of the acquired
property and the sum of the moving and restoration expenses, the
cost of correcting decent, safe, and sanitary deficiencies, if any,
and the actual purchase price of a comparable relocation site. The
payment shall not exceed the amount of the replacement housing
payment to which the homeowner would otherwise be entitled.
6. [§ 613] Lease of Condominium
For the purpose of this Section 604, 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, shall be deemed a purchase of the
condominium.
E. [§ 614] Replacement Housing Payments for Tenants and
Certain Others
1. [§ 615] Amount of Payment
The Agency shall make to a displaced resident who meets the
eligibility requirements of Section 616 a payment not to exceed
$5, 250 for:
47
a. An amount necessary to enable the person to
lease or rent a comparable replacement
dwelling for a period not to exceed 42 months,
unless the displaced person meets one or more
of the conditions set forth in paragraph 3 of
Section 208, in which case the payment, which
shall not exceed $5,250, shall be the
additional amount which is necessary to enable
the person to lease or rent a comparable
replacement dwelling for a period not to
exceed 48 months; except that publicly funded
transportation projects shall make payments
enabling the person to lease or rent a
comparable replacement dwelling for a period
not to exceed 42 months, including
compensation for utilities, as provided in
subdivision (b) of Section 24.402 of Part 24
of Title 49 of the Code of Federal
Regulations; 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 Section 610) .
2 . [§ 616) Eligibility
A displaced resident is eligible for a replacement housing
payment if such person satisfies the following conditions:
a. Has actually and lawfully occupied the
dwelling as a permanent or customary and usual
place of abode from which the resident is
displaced for a period of not less than 90
days prior to the initiation of negotiations
for acquisition of the dwelling, or in any
case in which displacement is not a direct
result of acquisition, to any other event
which the Agency shall prescribe. If a
resident satisfies all but the 90-day
requirement and can establish to the
satisfaction of the Agency that he occupied
the dwelling with the intention of making it
his place of residence, that the move was not
motivated by a desire to receive relocation
assistance and benefits and that he neither
knew nor should have known that public
acquisition was intended, the Agency may
reduce the requirement as necessary.
48
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 immediately prior to the initiation of
negotiations for the acquisition of the
dwelling, the payment made under Section 615b
shall not exceed the amount of payment to
which the resident would be entitled under
Section 604.
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
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 hardship or circumstances beyond
the control of the displaced resident, such
person is unable to occupy the replacement
dwelling by the required date, the Agency may
extend the deadline as necessary. If, by the
deadline, the displaced person has contracted
to rent or purchase a replacement dwelling,
the Agency will extend the deadline. No
person otherwise eligible for payment shall be
denied such eligibility as a result of his
being unable, because of a major state or
national disaster, to meet the occupancy
requirements contained herein.
In implementing the Relocation Assistance Law, it is the
intent that special consideration shall be given to assisting any
displaced resident 62 years of age or older to locate or lease or
rent a comparable replacement dwelling.
49
3 . [§ 617] Computation of Replacement Housing
Payment
a. j§ 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 42 (or 48 as applicable) times the base monthly
rental of the displaced resident, from 42 (or 48 as applicable)
times the monthly rental for a comparable replacement dwelling;
provided, that in no case may such amount exceed the difference
between 42 (or 48 as applicable) times the base monthly rental and
42 (or 48 as applicable) times the monthly rental actually required
for the replacement dwelling occupied by the displaced resident.
(1) Base Monthly 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) 30 percent (or 25 percent as
applicable) of the displaced
resident's average monthly income.
Where the displaced resident was the
owner of the dwelling from which he was
displaced or was not required to pay rent
for that dwelling, or where the rental
was unrealistically low, the economic
rent shall be used in lieu of the average
monthly rental to calculate base monthly
rental.
(2) Rental for Comparable Replacement
Dwelling. . The monthly rental for a
comparable replacement dwelling shall be
.determined by the 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; or
50
(b) Schedule Method. Where the 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 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 the subarea from
which the persons are displaced or
may cover several different
subareas, 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; or
(c) Alternative Method. Where the
Agency determines that neither the
schedule method, nor the comparable
method is feasible in a given
situation, it may use another
reasonable method selected by the
Agency.
Whichever method is selected, the cost shall be updated to
within three 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 Agency will include as a
component of rent the cost or estimated cost of utilities, but not
including telephone service.
Computation of a payment under this Section to a low-income
displaced resident for a comparable replacement dwelling shall take
into account the person' s income.
b. (§ 619] Downpayment
The downpayment for which a payment specified in Section 615b
may be made shall not exceed the amount of a reasonable downpayment
51
for the purchase of a comparable replacement dwelling where such
purchase is financed, plus expenses incident to the purchase of a
replacement dwelling computed in accordance with Section 610. The
full amount of a downpayment shall be applied to the purchase of
the replacement dwelling and shall be shown on the closing
statement or other document acceptable to the Agency.
4 . {§ 620] Rental Payments for Displaced Homeowners
and Dependents
a. [§ 621] Homeowners
A displaced homeowner who elects to rent rather than purchase
a replacement dwelling and who meets the eligibility requirements
of Section 616 is eligible for the rent differential payment
specified in Section 615a.
b. [§ 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 Section
614, 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 51 percent or more of his income in the form of gifts, from
any private person or any academic scholarship or stipend. Full
time students shall be presumed to be dependents but may rebut this
presumption by demonstrating that 50 percent 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. {§ 623) Payments to Residents Displaced from
Manufactured Homes and Mobilehomes
1. [§ 624] Payment Required
The eligibility requirements and payment provisions of Section
600 are applicable to displaced residents who are owners or tenants
of manufactured homes or mobilehomes.
2 . [§ 625] Moving Expenses: Retention and Move of
Manufactured Home or Mobilehome
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 Section 603) , then the displaced resident shall be paid an
52
amount for moving expenses determined in accordance with the
applicable provisions of Section 703 , Actual Reasonable Moving
Expenses for a displaced business.
3. [§ 626] Replacement Housing Payments
The Agency shall make a replacement housing payment to a
displaced resident who is displaced from his manufactured home or
mobilehome in the following situations:
a. A resident who owns a manufactured home or
mobilehome and site and as a replacement
purchases both a dwelling and site shall be
provided a payment in accordance with Section
604 . A resident who owns a manufactured home
or mobilehome and site, and as a replacement
rents both a dwelling and site, shall be
provided a payment in accordance with Section
614.
b. A resident who rents a manufactured home or
mobilehome and site and as a replacement rents
or purchases a dwelling and site, shall be
provided a payment in accordance with Section
614.
C. A resident who owns a manufactured home or
mobilehome and site, and as a replacement
purchases a dwelling and rents a site, shall
be provided a payment in accordance with
Section 604 and 614. The payment shall be
limited to the lesser of:
(1) The amount necessary to purchase a
conventional comparable replacement
manufactured home or mobilehome; and
(2) The amount necessary to purchase a
replacement manufactured home or
mobilehome (in accordance with Section
604) plus the amount necessary to rent a
replacement site (in accordance with
Section 614) . In calculating this
amount, the economic rent for the site
shall be used in lieu of average monthly
rental to determine base monthly rental.
d. A resident who owns a site from which he moves
a manufactured home or mobilehome shall be
provided a payment under Section 604 if he
purchases a replacement site and under Section
614 if he rents a replacement site.
53
e. A resident who owns a manufactured home or
mobilehome which is acquired and rents the
site shall be provided payment as follows:
(1) If a manufactured home or mobilehome is
not available the amount required to
purchase a conventional replacement
dwelling (in accordance with Section
604) ;
(2) The amount necessary to purchase a
replacement manufactured home or
mobilehome (in accordance with Section
604) plus the amount necessary to lease,
rent or make a down payment on a
replacement site (in accordance with
Section 614) ; or
(3) If he elects to rent a replacement
manufactured home or mobilehome and site,
the amount required to do so in
accordance with Section 614. In
calculating this payment, the average
monthly rental shall equal the economic
rent for the manufactured home or
mobilehome 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. [§ 627) Proration of Payment
For the purpose of calculating an alternate payment under
Section 603, or a replacement housing payment under Section 604 or
614, two or more individuals (whether they are members of one
family or not) living together in and displaced from a single
dwelling shall be regarded as one displaced resident. If two or
more such individuals submit more than one claim, an eligible
claimant for a payment may be paid only his reasonable prorata
share (as determined by the Agency) of the total payment applicable
to a single displaced resident. The total of the payments made to
all such claimants moving from the dwelling unit shall not exceed
the total payment allowed to be made to a single displaced
resident.
Where a tenant is sharing a single-family dwelling with an
owner-occupant and paying the owner-occupant rent for the
privilege, the tenant shall not be entitled to more than one-half
of the replacement housing payment otherwise payable. The owner-
54
occupant shall not be required to share the payment to which he is
entitled or to accept a prorated amount.
VII. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES
A. [§ 701] Payments Required
The Agency shall compensate the owner of a displaced business
for the actual moving and related expenses the Agency determines to
be reasonable and necessary, including the expenses described in
Section 702 or 706. 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 Section 702 in connection with its move
from such other real property.
B. [§ 702] Moving Expenses; Loss of Property; Search
Expenses
1. [§ 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 a payment
shall not exceed the reasonable cost of accomplishing the activity
in connection with which a claim has been filed.
The moving and related expenses for which claims may be filed
shall include:
a. Transportation of persons and property not to
exceed a distance of 50 miles from the site
from which the business was displaced, except
where the Agency determines that relocation
beyond such distance of 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 12 months, as
determined by the Agency to be necessary in
connection with relocation;
d. Insurance of personal property while in
storage or transit;
55
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;
f. The cost of disconnecting, dismantling,
removing, reassembling, reconnecting and
reinstalling machinery, equipment, or other
personal property (including goods and
inventory kept for sale) not acquired by the
Agency, including connection charges imposed
by public utilities for starting utility
service;
g. The cost 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
reimbursement of all such costs shall be
subject to the following limitations:
(1) The cost shall be directly related to
displacement;
(2) Reimbursement costs shall be reasonable
in amount;
(3) The cost could not be avoided or
substantially reduced at an alternate
available and suitable site to which the
business was referred.
h. The cost of any license, permit, or
certification required by a displaced business
concern to the extent such cost is necessary
to the reestablishment of its operation at a
new location;
i. The reasonable cost of any professional
services (including but not limited to
architects' , attorneys' , or engineers' fees,
or consultants' charges) necessary for
planning the move of personal property, moving
the personal property, or installation of
relocated personal property at the replacement
site;
j . Where an item of personal property which is
used in connection with any business is not
56
moved but is replaced with a comparable item,
reimbursement in an amount not to exceed the
lesser of:
(1) The replacement cost of the personal
property, minus net proceeds (if any)
realized from the sale of all or part of
the property, or
(2) The estimated reasonable cost of moving
the personal property, as determined by
the 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 after reasonable efforts have been made over a
reasonable period of time to interest prospective purchasers. The
displaced business shall be reimbursed for the reasonable costs of
such effort to sell the tangible personal property.
Where, in the judgment of the 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 junkyards,
stockpiles, sand, gravel, minerals, metals, and similar property.
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
lesser.
2. (S 704] Actual Direct Losses of Tangible Personal
Property
A displaced business shall be compensated for the actual
direct losses of tangible personal property of the displaced
business attributable to moving or discontinuing such business.
The total amount of the payment by the Agency for such losses shall
not exceed an amount equal to the estimated reasonable cost of
moving the personal property, as determined by the Agency.
Subject to such limitation, the actual direct loss of personal
property for which claims may be filed shall be determined by
appraising either:
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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 in-use value of the personal property, in
the event the property cannot be sold and is
abandoned.
The actual direct loss of personal property shall be computed
and based on the appraisal obtained by either the Agency or the
displaced business, and approved by the other.
In order to obtain a payment for the actual direct loss of
personal property, the displaced business shall make a bona fide
effort to sell the personal property for which the loss is claimed
at the highest price offered after reasonable efforts have been
made over a reasonable period of time to interest prospective
purchasers. The reasonable cost of an effort to sell the personal
property shall be added to the determination of loss under this
Section.
In the event personal property which is sold or abandoned is
promptly replaced with a comparable item, no payment for the actual
direct loss of such personal property shall be made to the
displaced business by the Agency; instead, the displaced business
shall be paid the amount specified in Section 703j .
3 . 705] Actual Reasonable Expenses in Searching
for a Replacement Business
A displaced business shall be compensated in an amount not to
exceed $1,000, for actual reasonable expenses incurred in searching
for a replacement business, including expenses incurred for:
a. Transportation;
b. Meals and lodging away from home;
C. Time spent in searching, based on an hourly
rate of the salary or earnings of the
displaced business owner or his
representative;
d. Fees paid to a real estate agent, broker, or
other professional to locate a replacement
business.
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4. [§ 705.5] Actual Reasonable Expenses to Reestablish
a Small Business or Nonprofit
Organization
A small business or nonprofit organization shall be
compensated in an amount not to exceed $10, 000, for actual
reasonable expenses necessary to reestablish the small business or
nonprofit organization at its new site.
Reestablishment expenses shall be only those expenses that are
reasonable and necessary and include, but are not limited to:
a. Repairs or improvements to the replacement
property as required by federal, state or
local law, code or ordinance;
b. Modifications to the replacement property to
accommodate the business operation or make
replacement structures suitable for conducting
the business;
C. Construction and installation costs for
exterior signing to advertise the business;
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, panelling or carpeting;
f. Licenses, fees and permits when not part as
part of moving expenses;
g. Feasibility surveys, soil testing and
marketing studies;
h. Advertisement of replacement location;
i. Professional services in connection with the
purchase or lease of a replacement site;
j . Estimated increased costs of operation during
the first two years at the replacement site
for such items as:
(1) Lease or rental charges;
(2) Personal or real property taxes;
(3) Insurance premiums;
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(4) Utility charges, excluding impact fees.
k. Impact fees or one-time assessments for
anticipated heavy usage;
1. Other items essential to the reestablishment
of the business.
For purposes of this Section the term "small business" shall
mean 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 this Section.
The following is a nonexclusive listing of reestablishment
expenditures not considered to be reasonable, necessary, or
otherwise eligible:
(1) Purchase of capital assets, such as,
office. furniture, filing cabinets,
machinery, or trade fixtures;
(2) Purchase of manufacturing materials,
production supplies, product inventory,
or other items used in the normal course
of the business operation;
(3) Interior or exterior refurbishment at the
replacement site which are for aesthetic
purposes, except as provided in paragraph
(e) above in this Section;
(4) Interest on money borrowed to make the
move or purchase the replacement
property;
(5) Payment to a part-time business in the
home which does not contribute materially
to the household income.
C. [§ 706] Alternate Payments
1. [§ 707] Determination of Payments
a. [§ 708] Amount of Payment
A displaced business which moves or discontinues, and which
meets the eligibility requirements of Section 710, may elect to
receive and shall be paid, in lieu of the payments for which it is
otherwise entitled under Section 702, a payment equal to the
average annual net earnings of the business, except that such
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payment shall not be less than $1,000 nor more than $20,000. Said
dollar limitation shall apply to a single business regardless of
whether it is carried on under one or more legal entities. A
person whose sole business at a displacement dwelling is the rental
of the property to others shall not qualify for a payment under
this Section. In regard to an outdoor advertising display, payment
pursuant to this Section shall be limited to the amount necessary
to physically move or replace that display.
b. [§ 709] Determination of Number of
Businesses
In determining whether one or more legal entities, all of
which have been acquired, constitute a single business, the
following factors, among others, shall be considered:
(1) The extent to which the same premises and
equipment are shared;
(2) The extent to which substantially
identical or intimately interrelated
business functions are pursued and
business and financial affairs are
commingled;
(3) The extent to which such entities are
held out to the public, and to those
customarily dealing with such entities,
as one business;
(4) The extent to which the same person or
closely related persons own, control, or
manage the affairs of the entities.
2. [§ 710] Eligibility
a. [§ 711] Business (Other than Nonprofit
Organization)
A displaced business (except a nonprofit organization) is
eligible for the payment provided for in Section 708 only if the
Agency determines that:
(1) The business is not operated solely for
rental purposes and cannot be relocated
without a substantial loss of its
existing patronage, based on a
' consideration of all pertinent
circumstances including such factors as
the type of business conducted, the
nature of the clientele, the relative
importance to the displaced business of
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its present and proposed location, and
the availability of a suitable relocation
site;
(2) The business is not part of a commercial
enterprise having at least one other
establishment not being acquired, engaged
in the same or similar business.
Whenever the sole remaining facility of a
business which has been displaced from
its principal location:
(a) Has been in operation for less than
two years; or
(b) Has had average annual gross
receipts of less than $2 , 000 during
the two taxable years prior to the
displacement of the major component
of the business; or
(c) Has had annual net earnings of less
than $1,000 during the two taxable
years prior to the displacement of
the major component of the business;
the remaining facility will not be
considered another "establishment" for
the purposes of this Section;
(3) The displaced business:
(a) Had average annual gross receipts of
at least $5, 000 during the two
taxable years prior to displacement;
or
(b) Had average annual net earnings of
at least $1,000 during the two
taxable years prior to displacement;
or
(c) Contributed at least 33-1/3 percent
of the total gross income of the
owner(s) during each of the two
taxable years prior to displacement;
or
(d) If the application of (a) , (b) and
(c) above creates an inequity or
hardship, the Agency may use other
criteria as permitted in Section
62
24.306 of Part 24 of Title 49 of the
Code of Federal Regulations.
In any case where the Agency determines
that the two year period prior to
displacement is not representative of the
average receipts, earnings, or income, it
may make use of a more representative
period.
b. [§ 712] Nonprofit Organization
In the case of a nonprofit organization, no payment shall be
made under Section 708 unless the Agency determines that:
(1) The nonprofit organization cannot be
relocated without a substantial loss of
its existing patronage (the term
"patronage" as used herein includes the
membership, persons, community, or
clientele served or affected by the
activities of the nonprofit
organization) ; and
(2) The nonprofit organization is not a part
of an enterprise having at least one
other establishment not being acquired,
engaged in the same or similar activity.
VIII. [§ 800] RELOCATION ASSISTANCE AND PAYMENTS TO CERTAIN
OTHERS
A. [§ 801] Displaced Farm Operations
1. [§ 802) Requirement Generally
The Agency shall provide relocation advisory assistance and
make relocation payments to a displaced farm operation in
accordance with the provisions of these Rules and Regulations
pertaining to displaced businesses, including small businesses.
2 . [§ 803) Eligibility for Alternate Payment
No payment of the type provided for in Section 708 shall be
made to a displaced farm operation unless the Agency determines
that the farm met the definition of a farm operation prior to its
acquisition. If the displacement is limited to only part of the
farm operation, the operator will be considered to have been
displaced from a farm operation if:
a. The part taken met the definition of a farm
operation prior to the taking; and
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b. The taking caused such a substantial change in
the nature of the existing farm operation as
to constitute a displacement.
3 . [§ 803 .5] Continuation of Lease for Farming
No provision of these Rules and Regulations shall be construed
to require the Agency to provide any relocation assistance to a
lessee if the property acquired for a program or project is subject
to a lease for purposes of conducting farm operations and the
Agency agrees to assume all of the terms of that lease.
B. [§ 804] Displacement for Code Enforcement,
Rehabilitation or Demolition by the Agency
1. [§ 805] Authorization for Assistance and Payment
The Agency may make payments in the amounts it deems
appropriate, and may provide advisory assistance under these Rules
and Regulations, to a person who moves from a dwelling, or who
moves or discontinues his business, as a result of impending
rehabilitation or demolition of a residential or commercial
structure, or enforcement of building, housing, or health codes by
the Agency, or because of systematic enforcement pursuant to
Section 37924.5 of the Health and Safety Code, or who moves from a
dwelling or who moves or discontinues a business as a result of a
rehabilitation or demolition program or enforcement of building
codes by the Agency, or because of increased rents to result from
such rehabilitation or code enforcement. Payments prescribed by
Section 615 of these Rules and Regulations may also be made to
persons who remain in a dwelling during rehabilitation. Payments
authorized by this Section and made pursuant to Section 615 hereof
may, at the option of the Agency, be computed and reviewed annually
based on actual rental increases, and may be paid monthly or
annually. The Agency may also give priority to a person who moves
from a dwelling, or who remains in a dwelling during
rehabilitation, in utilization of local, state, or federal rental
assistance programs, either to enable the person to pay increased
rents or to move to other suitable housing.
In assisting the financing of rehabilitation, the Agency may
provide some or all of the payments authorized by this Section as
part of the loan for rehabilitation costs, provided that the Agency
makes payments directly to the person who moves or who remains in
the dwelling during rehabilitation.
2. [§ 806] Rent Increase Resulting from
' Rehabilitation
The Agency shall make payments in the amounts prescribed by
these Rules and Regulation, and shall provide advisory assistance
under these Rules and Regulations to persons and families of low or
64
moderate income, as defined in Section 50093 of the Health and
Safety Code, whose rent, within one year after the rehabilitation
of their dwelling is completed, is increased to an amount exceeding
25 percent of their gross income, or who move from their dwelling,
as the result of a rehabilitation program in which the
rehabilitation work is wholly or partially financed or assisted
with public funds provided by or through the Agency.
3 . [§ 807] Temporary Housing for Persons Displaced
by Rehabilitation
The Agency shall provide temporary housing for up to 90 days
to persons displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the Agency.
4. [§ 808] Option to Relocate in Rehabilitated
Dwelling
A person displaced by rehabilitation work which is wholly or
partially financed or assisted with public funds provided by or
through the Agency shall, as a condition of the financing or
assistance, be given the option of relocating, after
rehabilitation, in the dwelling from which the person was
displaced.
5. [§ 809] Amount of Payment
The Agency may limit the amounts of payments under Section
806, otherwise calculated pursuant to Section 615, to the lesser
of: (i) the difference between the increased rent and 25 percent of
gross income; or (ii) the difference between the increased rent and
the rent immediately before the rehabilitation which was greater
than 25 percent of gross income.
6. [§ 810] Obligation Conditional Upon Availability
of Federal or State Funds
The payments and advisory assistance as required in Section
804 shall be mandatory only if federal or state funds are
available. However, nothing shall preclude the Agency from using
local funds.
C. [§ 811] Temporary Displacement for Rehabilitation of
Affordable Apartments
Notwithstanding Section 804 or any other provision of law,
tenants residing in any multifamily rental project of four or more
units who are displaced from the project for a period of 180 days
or less as part of a rehabilitation of that project, that is funded
in whole or in part by a public entity, shall not be deemed
65
permanently displaced if all of the following criteria are
satisfied:
1. All other financial benefits and services otherwise
required by the Relocation Assistance Law are
provided to the tenants temporarily displaced from
their units, including relocation to a comparable
replacement unit;
2 . The resident is offered the right to return to his
or her original unit, with rent for the first 12
months subsequent to that return being the lower of
the following: up to five percent higher than the
rent at the time of displacement; or up to 30
percent of household income;
3 . The estimated time of displacement is reasonable,
and the project is a qualified affordable housing
preservation project within the meaning of
paragraph (d) of Section 214.
D. [§ 812] Hardship Moves
The Agency may make all or part of the payments prescribed in
these Rules and Regulations, and may provide advisory assistance
under these Rules and Regulations, to a person who moves from a
dwelling, or who moves or discontinues his business, as a result of
the pending acquisition by the Agency of the real property from
which he moves, but who is not otherwise a displaced person
hereunder, as necessary to alleviate hardship to such person.
IX. [§ 900] ADDITIONAL PAYMENT FOR PROPERTY AFFECTED BY AIRPORT
A. [§ 901] Payment Required
In addition to the payments required by Section 600, 700 and
800 of these Rules and Regulations, as a cost of acquisition, the
Agency shall make a payment to any affected property owner meeting
the eligibility requirements of Section 902, a payment (not to
exceed $22,500) which equals the actual decline in the fair market
value of the property of the affected property owner caused by the
acquisition by the Agency for airport purposes of other real
property and a change in the use of the property. Payment under
this Section 901 shall be limited only to such circumstances in
which the decline in fair market value of the affected property is
reasonably related to objective physical change in the use of the
acquired property for airport purposes.
B. [§ 902] Eligibility
An affected property owner is eligible for a payment pursuant
to Section 901 if:
66
1. The affected property is immediately contiguous to
property acquired for airport purposes; and
2 . The owner shall have owned the property affected by
acquisition by the Agency not less than 180 days
prior to the initiation of negotiations for
acquisition of the acquired property.
X. [§ 1000] CLAIM AND PAYMENT PROCEDURES
A. [§ 1001] Filing of Claims
All claims for relocation assistance and payments filed with
the Agency shall be submitted within 18 months of the date on which
the claimant receives final payment for the property or the date on
which he moves, whichever is later. The Agency may extend this
period upon a proper showing of good cause.
B. [§ 1002] Documentation in Support of Claim
1. [§ 1003] Moving Expenses
a. [§ 1004] Evidence of Moving Expenses
Except in the case of a displaced resident or displaced
business moving himself, 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 $1,500 for the costs incurred by a
displaced business in moving the business operation shall be
supported by competitive bids in such number as are practical. If
the Agency determines that compliance with the bid requirement is
impractical, or if estimates in an amount less than $1,500 are
obtained, a claim may be supported by estimates in lieu of bids.
b. [§ 1005] Self Moves
Without documentation of moving expenses actually incurred a
displaced resident or displaced business electing to self move may
submit a claim for his moving expenses to the Agency in an amount
not to exceed the estimated cost of moving commercially. The
estimated cost of moving commercially shall be based on the lowest
responsible bid or estimate from three reputable moving firms
submitted by the claimant to the Agency prior to the move. The
estimated cost of moving commercially shall include the cost, if
any, of obtaining bids or estimates.
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C. [§ 1006] Exemption from Public Utilities
Commission Regulations
Whenever the Agency must pay the actual cost of moving a
displaced person the costs of such move shall be exempt from
regulation by the Public Utilities Commission. The 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.
2 . [§ 1007] Loss of Property
A claim by a displaced business for payment for the actual
direct loss of tangible personal property pursuant to Section 704
shall be supported by written evidence of loss which may include
appraisals, certified prices, bills of sale, receipts, canceled
checks, copies of advertisements, offers to sell, auction records,
and other records appropriate to support the claim or the Agency
may agree as to the value of the property left in place.
3 . [§ 1008] Proof of Earnings
If a displaced business elects to receive an alternate payment
pursuant to Section 706 of these Rules and Regulations, to be
eligible for the payment the business shall make available its
state income tax records, financial statements, and accounting
records, for confidential use pursuant to an audit to determine the
payment.
C. [§ 1009] Payment of Moving Expenses
1. [§ 1010] Advance Payment
An eligible displaced resident or displaced business may be
paid for his anticipated moving expenses in advance of the actual
move. The 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 business operations.
2. [S 1011] Direct Payment
By prearrangement between the 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
Agency, and the Agency may pay the mover directly.
3. [S 1012] Methods Not Exclusive
The specific provisions of these Rules and Regulations are not
intended to preclude the Agency's reliance upon other reasonable
68
means of effecting a move, including contracting moves and
arranging for assignment of moving expense payments by displaced
persons.
D. [§ 1013] payments for Replacement Dwellings
1. [§ 1014] Payment for Purchase of Comparable
Replacement Dwelling
a. [§ 1015] Disbursement
When the 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. [§ 1016] Provisional Payment Pending
Condemnation
If the exact amount of a replacement housing payment cannot be
determined because of a pending condemnation suit, the Agency may
make a provisional replacement housing payment to the displaced
homeowner equal to the difference between the 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 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.
C. [§ 1017] 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
Agency shall certify to any interested party, financial institution
or lending agency, that the displaced homeowner or tenant will be
eligible for the payment of a specific sum if he purchases and
occupies a dwelling within the time limits prescribed.
2. [§ 1018] Rent Differential Payments
When the 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 to the displaced
69
resident. Payments up to the maximum of $5, 250 shall be made in a
lump sum. Should the Agency pay pursuant to Section 519 an amount
exceeding the maximum amount, any payments over $5,250 shall be
made over a period of time as provided in Section 519a.
E. [§ 1019] Assistance and Payments to Persons Moving
without Notice
If the Agency fails to inform any eligible displaced person of
the relocation payments and assistance that may be made available
by the Agency in a timely and effective manner, the Agency shall
make every reasonable effort to identify and locate such person who
has moved. Eligible displaced persons who move without offers of
assistance and benefits, after the Agency was required to offer
assistance and benefits, shall be provided all such assistance and
payments for which they otherwise qualify. When appropriate, the
Agency shall also compensate such persons for additional costs
incurred as a result of the Agency's failure to provide timely
notice and offers of relocation assistance and benefits.
F. [§ 1020] Termination of Relocation Assistance
The Agency's relocation obligations cease under the following
circumstances:
1. A displaced resident moves to a comparable
replacement dwelling and receives all assistance
and payments to which he is entitled;
2 . The displaced resident moves to substandard
housing, refuses reasonable offers of additional
assistance in moving to a decent, safe and sanitary
replacement dwelling and receives all payments to
which he is entitled;
3 . All reasonable efforts to trace a person have
failed;
4 . The business concern 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 dwelling or business
refuses reasonable offers of assistance, payments
and comparable replacement dwellings.
XI. [§ 1100] GRIEVANCE PROCEDURES
A. [§ 1101] Right of Review
Any person who believes himself aggrieved by a determination
as to eligibility, the amount of payment, the failure of the Agency
70
to provide comparable permanent or adequate temporary replacement
housing or the Agency's property management practices may, at his
election, have his claim reviewed and reconsidered by the Agency or
an authorized designee (other than the person who made the
determination in question) in accordance with the procedures set
forth in Section 1100.
B. [§ 1102] Notification of Decision
If the Agency denies or refuses to consider a claim, the
Agency's notification to the claimant of its determination shall
inform the claimant of its reasons and the applicable procedures
for obtaining review of the decision. If necessary to provide the
information in the language most easily understood by the
recipient, such notification shall be printed in a language other
than English.
C. [§ 1103) Stages of Review
1. [§ 1104] Request for Further Written Information
A complainant may request the Agency to provide him with a
full written explanation of its determination and the basis
therefor, if he feels that the explanation accompanying the payment
of the claim or notice of the Agency's determination was incorrect
or inadequate.
The Agency shall provide such an explanation to the
complainant within three weeks of its receipt of his request.
2 . [§ 1105] Informal Oral Presentation
A complainant may request an informal oral presentation before
seeking formal review and reconsideration. The right to formal
review and reconsideration shall not be conditioned upon requesting
an informal oral presentation.
Within fifteen days of the request the Agency shall afford the
complainant the opportunity to make such presentation.
The complainant may be represented by an attorney or other
person of his choosing. This oral presentation shall enable the
complainant to discuss the claim with the Executive Director of the
Agency or a designee (other than the person who made the initial
determination) having authority to revise the initial determination
on the claim. The Agency shall make a summary of the matters
discussed in the oral presentation to be included as part of its
file.
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3. [§ 1106) Formal Review and Reconsideration
a. [§ 1107] Request for Review
At any time within the period described in Section 1115, a
complainant may file a written request for formal review and
reconsideration by the Relocation Appeals Board. The complainant
may include in the request for review any statement of fact within
the complainant's knowledge or belief or other material which may
have a bearing on the appeal. If the complainant requests more
time to gather and prepare additional material for consideration or
review and demonstrates a reasonable basis therefor, the
complainant may be granted additional time.
The Relocation Appeals Board shall consider every aggrieved
person's complaint regardless of form, and shall, if necessary,
provide assistance in preparing the written request for review.
b. [§ 1108] Notice of Procedures
When a complainant seeks review, the Relocation Appeals Board
shall inform him that he has the right to be represented by an
attorney, to present his case by oral or documentary evidence, to
submit rebuttal evidence, to conduct such cross-examination as may
be required for a full and true disclosure of facts, and to seek
judicial review once he has exhausted administrative appeal.
C. [§ 1109] Review by Relocation Appeals Board
The Relocation Appeals Board shall promptly hear all
complaints brought by aggrieved persons of a redevelopment project
area relating to relocation and shall determine if the Agency has
complied with the provisions of Chapter 4 of the California
Community Redevelopment Law pertaining to relocation, the
Relocation Assistance Law and Guidelines, these Rules and
Regulations and where applicable, with federal law and regulations.
The Relocation Appeals Board shall, after - public hearing,
transmit its findings and recommendations to the Agency Board,
including any recommendations for modification of the Agency's
initial determination.
d. [§ 1110] Scope of Review
The Relocation Appeals Board shall review and consider the
initial determination of the Agency in the complainant's case in
light of:
(1) All material upon which the Agency based
its original determination, including all
applicable rules and regulations, except
that no evidence shall be relied upon
72
where a complainant has been improperly
denied an opportunity to controvert the
evidence or cross-examine the witness;
(2) The reasons given by the complainant for
requesting review and reconsideration of
the claim;
(3) Any additional written or relevant
documentary material submitted by the
complainant;
(4) Any further information which the
Relocation Appeals Board in its
discretion, obtains by request,
investigation, or research, to ensure
fair and full review of the claim.
e. 1111) Findings and Recommendations by
Relocation Appeals Board
The findings and recommendations on review by the Relocation
Appeals Board shall include:
(1) The determination of the Relocation
Appeals Board whether the Agency has
complied with State law and where
applicable with federal law, pertaining
to the relocation;
(2) The recommendations of the Relocation
Appeals Board, including any
recommendations for modification of the
Agency's initial determination;
(3) The factual and legal basis upon which
the findings and recommendations rest,
including any pertinent explanation or
rational;
(4) A statement to the complainant that the
findings and recommendations of the
Relocation . Appeals Board will be
transmitted to the Agency Board for final
administrative decision with respect to
the claim.
The findings and recommendations of the Relocation Appeals
Board shall be in writing and copies thereof shall be provided to
the complainant and transmitted to the Agency Board.
73
The Relocation Appeals Board shall issue findings and
recommendations as soon as possible, but no later than three weeks
from receipt of the . last material submitted for consideration by
the complainant or the date of the hearing, whichever is later. In
the case of complaints recommended for dismissal for untimeliness
or for any other reason not based on the merits of the claim, the
time limit for issuing the findings and recommendations shall be
reduced to 10 days.
f. 1112] Final Determination by Agency Board
(1) [§ 1113] Scope of Review
After receipt of the written findings and recommendations of
the Relocation Appeals Board, the Agency Board shall review and
reconsider the initial determination of the Agency on the claim.
The Agency Board may, but is not required to, conduct a hearing de
novo with respect to the claim, as it deems necessary. The
complainant shall be given at least ten (10) days written notice
prior to the matter being heard.
The Agency Board shall base its final decision on the claim
upon the record compiled in connection with the proceedings of the
Relocation Appeals Board, and upon the record of the hearing (if
any) held by the Agency Board.
(2) [§ 1114] Final Determination
The final determination on review by the Agency Board shall
include, but is not limited to:
(a) The Agency Board's decision on
reconsideration of the claim;
(b) The factual and legal basis upon
which the decision rests, including
any pertinent explanation or
rationale;
(c) A statement to the complainant that
administrative remedies have been
exhausted, if such be the case, and
that judicial review may be sought.
The final determination of the Agency Board shall be in
writing and a copy thereof shall be provided to the complainant.
The Agency Board shall issue its determination as soon as
possible, but no later than three weeks from receipt by the Agency
Board of the written findings and recommendations of the Relocation
Appeals Board. In the case of complaints dismissed for
untimeliness or for any reason not based on the merits of the
74
claim, the time limit for issuing such determination shall be
reduced to 10 days.
D. [§ 1115] Time Limit for Requesting Review
Any request for review under Section 1105 and/or Section 1106
shall be filed in writing with the specified reviewing authority
within 30 days following the date the complainant receives notice
of the decision being appealed. Such time limit may be extended
for good cause by the Agency.
E. [§ 1116] Stay of Displacement Pending Final
Determination
If a complainant seeks to prevent displacement, the Agency
shall not require the complainant to move until at least 20 days
after the Agency has made its final determination. In all cases
the Agency shall notify the complainant in writing at least 20 days
prior to the proposed new date of displacement.
Any complaint seeking to prevent displacement must be brought
within 30 days of service by the Agency of the notice to vacate
provided for by Section 1302 of these Rules and Regulations. Such
notice to vacate must include notice that any complaint seeking to
prevent displacement must be filed within 30 days.
F. [§ 1117] Joint Complainants
Where more than one person is aggrieved by the failure of the
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.
G. [§ 1118] Right to Counsel
Any aggrieved party has a right to representation by legal or
other counsel at his expense at any and all stages of the
proceedings set forth in Section 1100.
H. [§ 1119] Review of Files by Claimant
Except to the extent that confidentiality of material is
protected by law or its disclosure is prohibited by law, the Agency
shall permit the claimant to inspect all files and records bearing
upon his claim or the prosecution of the claimant's grievance. The
Agency may impose reasonable conditions on such right to inspect.
If a claimant is improperly denied access to any relevant material
bearing on the claim, such material may not be relied upon in
reviewing the initial determination.
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I. (§ 1120) Recommendations by Third Party
Upon agreement between the claimant and the Agency, a mutually
acceptable third party or parties may review the claim and make
advisory recommendations thereon to the Agency for its final
determination. In reviewing the claim and making recommendations
to the Agency, the third party or parties shall be guided by
Section 1100 of these Rules and Regulations.
J. [§ 11211 Effect of Determination on Other Persons
The principles established in all determinations by the Agency
shall be considered as precedent for all eligible persons in
similar situations regardless of whether or not a person has filed
a written request for review. All written determinations shall be
kept on file and available for public review.
K. [§ 1122] Judicial Review
Nothing in these Rules and Regulations shall in any way
preclude or limit a claimant from seeking judicial review of his
claim upon exhaustion of such administrative remedies as are
available under Section 1100.
XII. [§ 1200] ACQUISITION PRACTICES
A. [§ 1201] Acquisition of Property by Negotiation
The Agency shall make every reasonable effort to acquire
property by negotiation and to do so expeditiously. In order to do
so the Agency shall, to the greatest extent practicable, be guided
in its property acquisition practices by the provisions of Section
1200. Provided however, that the provisions of Sections 1202 ,
1203 , 1206 and 1208 shall not 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. [§ 1202] Appraisal of Property
Before negotiations are initiated to acquire property, the
Agency shall have the property appraised, giving the owner or the
owner's designated representative an opportunity, by reasonable
advance written notice, to accompany the appraiser during the
inspection of the property. However, the Agency may obtain from
the owner a waiver of the requirement to have the property
appraised in cases involving the acquisition by sale, or donation
of property with a low fair market value.
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C. [§ 1203] Notice of Decision to Appraise
1. [§ 1204] Contents of Notice
The 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 shall state,
as a minimum, that:
a. A specific area is being considered for a
particular public use;
b. The owner's property is located within the
area;
C. The status of the Agency's decision on whether
or not to acquire the property, including a
statement that no determination has been made
by the Agency to acquire the property, if such
be the case;
d. A statement that the owner or the owner's
representative (designated in writing) shall
be given the opportunity to accompany each
appraiser during his inspection of the
property.
2 . j§ 1205) Information Statement: Property
Acquisition Procedures
At the time the 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
nontechnical, understandable terms the Agency's acquisition
procedures and the principal rights and options available to the
owner. Such statement shall inform the owner of the property that
if the Agency decides to acquire the subject property certain
prescribed land acquisition procedures will be followed and the
statement shall include the following explanations:
a. A description of the basic objective of the
Agency's land acquisition program and a
reference to the availability of the Agency's
statement covering relocation benefits for
which an owner occupant may be eligible;
b. A statement that if the acquisition of any
part of the real property would leave the
owner with an uneconomic remnant, the Agency
will offer to acquire the uneconomic remnant,
if the owner so desires;
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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 the remainder, he has a possible right
to compensation for loss of goodwill. The
Agency shall include a copy of the pertinent
provisions of the Eminent Domain Law (Code of
Civil Procedure, Sections 1263 .510 et sea. ) ;
d. A statement that if the owner is not satisfied
with the Agency's offer of just compensation
he will be given a reasonable opportunity to
present relevant material, which the Agency
will carefully consider, and that if a
voluntary agreement cannot be reached the
Agency, as soon as possible, will either
institute a formal condemnation proceeding
against the property or abandon its intention
to acquire the property, giving notice of its
intention not to acquire;
e. A statement that construction or development
of a project shall be so scheduled 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 business without at
least 90 days written notice from the Agency
of the date by which the move is required;
f. A statement that, if arrangements are made to
rent the property to an owner or his tenant
for a short term or for a period subject to
termination by the 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 financial means.
D. [§ 1206] Establishment of Just Compensation
1. [§ 1206.1] Generally
Prior to adopting a resolution of necessity pursuant to
Section 1245.230 of the Code of Civil Procedure and initiating
negotiations for the acquisition of real property, the Agency shall
establish an amount which it believes to be just compensation for
the property, and shall make an offer to the owner or owners of
78
record to acquire the property for the full amount so established,
unless the owner cannot be located with reasonable diligence. The
offer may be conditioned upon the Agency's ratification of the
offer by execution of a contract of acquisition or adoption of a
resolution of necessity or both. In no event shall the amount be
less than the Agency's approved appraisal of the fair market value
of the property.
The determination of just compensation shall be based upon
consideration of:
a. The real property being acquired; and
b. Where the real property acquired is part of a
larger parcel, the injury or benefit, if any,
to the remainder.
Any decrease or increase in the fair market value of real
property to be acquired prior to the date of valuation caused by
the project for which such property is acquired, or by the
likelihood that the property would be acquired for such project,
other than that due to physical deterioration within the reasonable
control of the owner or occupant, will be disregarded in
determining the compensation for the property.
2. [§ 1206.2) Exception for Property Offered by
Owner
Notwithstanding Section 1206. 1, the Agency may make an offer
to the owner or owners of record to acquire real property for less
than an amount which it believes to be just compensation therefor
if (a) the real property is offered for sale by the owner at a
specified price less than the amount the Agency believes to be just
compensation therefor, (b) the Agency offers a price which is equal
to the specified price for which the property is being offered by
the landowner, and (c) no federal funds are involved in the
acquisition, construction, or project development.
As used in Section 1206.2, "offered for sale" means any of the
following:
a. Directly offered by the landowner to the
Agency for a specified price in advance of
negotiations by the Agency.
b. Offered for sale to the general public at an
advertised or published, specified price set
no more than six months prior to and still
available at the time the Agency initiates
contact with the landowner regarding the
Agency's possible acquisition of the property.
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3 . [§ 1206.3] Exception for Property or
Compensation Donated by Owner
A person whose real property is being acquired in accordance
with the Relocation Assistance Law and these Rules and Regulations
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 or any interest therein to the Agency, and/or any
compensation paid therefor to the Agency or another public entity
determined by the person.
E. [§ 1207] Uneconomic Remnant
Whenever a part of a parcel of property is to be acquired by
the Agency for a public use and the remainder, or a portion of the
remainder, will be left in such a shape or condition as to
constitute an uneconomic remnant, the Agency shall offer to acquire
the entire property if the owner so desires. An uneconomic remnant
is a parcel of real property in which the owner retains an interest
after partial acquisition of his property and which has little or
no utility or value to such owner.
F. [§ 1207.5] Nonprofit, Special Use Property
Prior to the initiation of negotiations for acquisition by the
Agency of nonprofit, special use property, the Agency shall make
every reasonable effort to seek alternative property which is other
than nonprofit, special use property. However, this requirement
shall not apply to properties acquired by the Agency for
transportation purposes, including but not limited to, the
construction, expansion, or improvement of streets, highways, or
railways.
This Section does not apply to actions or proceedings
commenced by the Agency to acquire real property or any interest in
real property for the use of water, sewer, electricity, telephone,
natural gas, or flood control facilities or rights-of-way where
those _acquisitions neither require removal or destruction of
existing improvements, nor render the property unfit for the
owner's present or proposed use.
"Nonprofit, special use property" means property which is
operated for a special nonprofit, tax-exempt use such as a school,
church, cemetery, hospital, or similar property (but not property
owned by a public entity) , or as Section 1235. 155 of the Code of
Civil Procedure may be amended.
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G. [§ 1208] Initiation of Negotiations
1. [§ 1209] Written Offer
The 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, and for the
full amount so established.
2. [§ 1210] Statement of the Basis of Just
Compensation
At the time the Agency makes its offer to acquire the property
it shall provide the owner with a written statement of the basis
for determination of just compensation. The statement shall
include the following:
a. A general statement of the public use for
which the property is to be acquired;
b. A description of the location and extent of
the property to be taken, with sufficient
detail for reasonable identification, and the
interest to be acquired;
C. An inventory identifying the buildings,
structures, fixtures, and other improvements;
d. A recital of the amount of the offer and a
statement that such amount:
(1) Is the full amount believed by the Agency
to be just compensation for the property
taken;
(2) Is 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 project, other than
that due to physical deterioration within
the reasonable control of the owner or
occupant;
(4) Does not reflect any consideration of or
allowance for any relocation assistance
81
and payments or other benefits which the
owner is entitled to receive under an
agreement with the Agency;
(5) Does not reflect any consideration for
loss of goodwill for which the owner may
claim payment under procedures set forth
in these Rules and Regulations. The
Agency shall include a copy of the
pertinent provisions of the Eminent
Domain Law (Code of Civil Procedure,
Section 1263.510 gt sea.) and these Rules
and Regulations (Section 1212) .
e. A statement that, if the real property to be
acquired is owner occupied residential
property and contains no more than four
residential units, the homeowner shall, upon
request to the Agency, be allowed to review a
copy of the appraisal upon which the offer is
based.
f. If the real property is a portion of a larger
parcel, the statement shall include an
apportionment of the total estimated just
compensation for the partial acquisition
between the value of the property being taken
and the amount of damage, if any, to the
remainder of the larger parcel from which such
property is taken.
H. [§ 1211) Tenant Property Interests; Notice Re• Loss of
Goodwill
Nothing in Section 1200 shall be construed to deprive a tenant
of the right to obtain payment for his property interest as
otherwise provided by law.
As soon as practicable after the initiation of negotiations
the 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 possible right to compensation for loss of goodwill.
The Agency shall include a copy of the pertinent provisions of the
Eminent Domain Law (Code of Civil Procedure, Section 1263 . 510, et
sea. ) and these Rules and Regulations (Section 1212) .
I. [§ 1212] Compensation for Loss of Goodwill
Notwithstanding any other provisions of Section 1200 to the
contrary, the procedure for determining and offering compensation
82
for loss of goodwill in connection with the Agency's acquisition of
any property shall be governed by this Section 1212.
1. [§ 1213] Compensation Generally
With respect to the owner of a business conducted on property
acquired by the Agency, or on the remainder if such property is
part of a larger parcel, the amount of just compensation to be paid
by the Agency may include consideration of loss of goodwill, to the
extent required by law and these Rules and Regulations.
Within the meaning of Section 1212, "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.
In order to be entitled to compensation on loss of goodwill
such owner of a business shall first have proved all of the
following:
a. The loss is caused by the acquisition of the
property or the injury to the remainder;
b. The loss cannot reasonably be prevented by a
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 Section 700 of these Rules
and Regulations;
d. Compensation for the loss will not be
duplicated in the compensation otherwise paid
to the owner.
2. [§ 1214] Notice of Intent to Claim Loss of
Goodwill
Prior to a business completing its relocation from property
acquired by the Agency, or prior to the date such business
discontinues, the owner of such business may notify the Agency that
he intends to attempt to make the proofs provided for in Section
1213 .
3 . [§ 1215] ' Conference to Discuss Eligibility to
Receive Compensation for Loss of Goodwill
Upon receipt of the notice required by Section 1214, a
committee appointed by the Executive Director of the Agency or his
83
designee, shall confer with the claimant regarding the issues set
forth in Section 1213. Based upon review and consideration of
information presented at said conference, the committee will make
a recommendation to the Agency as to whether or not a goodwill
appraisal should be made.
The recommendation of the committee shall be communicated to
the Agency; if the Agency concurs in the committee' s
recommendation, the Agency shall authorize a goodwill appraisal;
provided, however, that the Agency's determination to authorize a
goodwill appraisal shall be for purposes of negotiation and shall
not be binding upon the Agency in any eminent domain proceeding.
In the event that the Agency authorizes an appraisal of goodwill,
if any, notice of this decision shall be given to the business
owner/claimant.
4. [§ 1216] Business Records; Authorization to
Negotiate
The owner of the business shall provide to the Agency such
business records as the Agency may require, including but not
limited to state income tax returns, financial statements and
accounting records, for confidential use for the purpose of
appraising the loss of goodwill of the business. The Agency shall
thereafter authorize negotiations with the business owner/claimant
regarding the claim for loss of goodwill. Offers made by the
Agency to settle claims for lost goodwill shall be not less than
the amount of the Agency's approved appraisal of the loss of
goodwill of the business.
5. [§ 1217] Calculation of Net Amount of Just
Compensation for Loss of Goodwill for
Negotiation Purposes
The 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, considering:
a. The amount the Agency believes for negotiating
purposes to be the total amount of loss of
goodwill of the business; and
b. Any compensation for loss of goodwill the
Agency determines is included in payments made
or to be made under Section 700 of these Rules
and Regulations.
6. [§ 1218] ' Notice to Owner; Written Offer
As soon as possible after the net amount of just compensation
(if any) for loss of goodwill has been calculated, the Agency shall
84
make its written offer to the business owner/claimant to compensate
the claimant in such amount.
7. [§ 1219] Eminent Domain
Notwithstanding any other provision of Section 1212 to the
contrary, in the event an eminent domain proceeding is brought by
the Agency to acquire any property, the owner of any business
thereon shall seek compensation for loss of goodwill in connection
with such proceeding, and the failure to do so shall constitute a
waiver of compensation for loss of goodwill.
J. [§ 1220] Negotiations; Eminent Domain
Prior to the commencement of an eminent domain proceeding to
acquire real property:
1. The 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 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 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 Agency
shall have its appraisal updated;
4. If a modification in the 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 Agency either advance the time of
condemnation, or defer negotiations or condemnation and 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 any interest in 'property is to be acquired by exercise of
the power of eminent domain, the Agency shall promptly institute
formal condemnation proceedings. The Agency shall not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of his property.
85
K. [§ 1221] Notice of Decision Not to Acquire
Whenever the Agency has forwarded a Notice of Intent to
Displace, or a Notice of Decision to Appraise, or has made a firm
offer and subsequently the Agency decides not to acquire the
property, the Agency shall serve a notice in writing on the owner,
all persons occupying the property and all other persons
potentially eligible for relocation payments and assistance. The
notice shall state that the Agency has decided not to acquire the
property. It shall be served not later than 10 days following the
date of the Agency decision not to acquire. Upon receipt of such
notice any person shall be deemed not to be a displaced person.
L. [§ 1222] Incidental Expenses
If the real property is acquired by purchase, the Agency shall
reimburse the owner, for all reasonable expenses the owner
necessarily incurred incidental to the conveyance of such property
to the Agency. Among the expenses requiring payment are the
following:
1. Recording fees, transfer taxes and similar expenses
incidental to conveying the real property;
2 . The pro rata portion of charges for public service,
such as water, sewage, and trash collection which
are allocable to the period subsequent to the date
of transfer of title to the Agency, or the
effective date of possession of such property by
the Agency, whichever is earlier.
The Agency shall inform the owner that he 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 Agency.
M. [§ 1223] Purchase Price as Public Information
The purchase price and other consideration paid by the Agency
for real property is public information and shall be made available
upon request.
N. [§ 1224] Service of Notice
Service of all notices required by Section 1200 shall be made
either by first class mail or by personal service upon the person
notified.
86
XIII. 1300] PROPERTY MANAGEMENT PRACTICES
A. [S 13011 Short Term Rental
If the Agency permits an owner or tenant to occupy the
acquired real property on a rental basis for a short term or for a
period subject to termination by the Agency on short notice, the
amount of rent required shall not exceed the lesser of the fair
rental value to a short term occupier or a pro rata portion of the
fair rental value for a typical rental period. If the owner or
tenant is an occupant of a dwelling, the rental for the dwelling
shall be within his financial means.
B. [§ 1302] Notice to Vacate
The construction or development of a project shall be so
scheduled that, to the greatest extent practicable, no eligible
person occupying real property shall be required to move from a
dwelling, or to move his business, without at least 90 days'
written notice from the Agency of the date by which such move is
required. The Agency shall notify each individual tenant to be
displaced as well as each owner-occupant.
C. [S 1303] Eviction
Eviction may be undertaken for one or more of the following
reasons:
1. Failure to pay rent, excepting those cases where
the failure to pay is due to the Agency's failure
to keep the dwelling 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 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;
87
7. The eviction is required by State or local law and
cannot be prevented by reasonable efforts on the
part of the Agency.
Eviction pursuant to this Section shall not affect a tenant's
right to relocation benefits where the tenant is otherwise entitled
to such benefits.
D. [§ 1304] Status of Post-Acquisition Tenants
1. [§ 1305] Notice of Status
The Agency shall inform post-acquisition tenants regarding the
projected date of displacement and, periodically, should inform
post-acquisition tenants of any changes in this projection.
2 . [§ 1306] 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 at least
30 days ' written notice of termination of the tenancy.
3 . [§ 1307] Eligibility for Relocation Assistance and
Payments
Post-acquisition tenants are not eligible for relocation
assistance and payments other than advisory assistance to the
extent determined by the Agency.
4 . [§ 1308] Hardship Cases
When the displacement of a post-acquisition tenant causes a
hardship for that person because of a critical housing shortage,
age, handicap, infirmity, lack of financial means or other
circumstance, the Agency shall provide relocation advisory
assistance and, may in its discretion, provide other financial
relocation benefits. only at the discretion of the Agency would
post-acquisition tenants be provided last resort housing payments.
5. [§ 1309] Move from Permanent Housing
Where the Agency, on property it owns, is making housing
available on a permanent basis, a post-acquisition tenant who moves
as a result of a written order from the Agency to vacate is
eligible for relocation assistance and payments if the order to
vacate is related to a plan to demolish, or rehabilitate or change
the use of such dwelling units.
88
E. [§ 1310] Service of Notice
Service of all notices required by Section 1300 shall be made
either by first class mail or by personal service upon the person
to be notified.
cg\hb\relocation rules
89
Res. No. 286
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of
the City of Huntington Beach, California, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Redevelopment Agency of the City
of Huntington Beach at an adjourned regular meeting of said Redevelopment
Agency held on the 20th day of April, 1998 and that it was so adopted by the
following vote:
AYES: Harman, Green, Dettloff,Bauer, Sullivan, Garofalo
NOES: None
ABSENT: Julien
ABSTAIN: None
Clerk of the Redevelopment ency
of the City of Huntington Beach, Ca.
G/reso luti/resbkpg2/Res.2 81