1990-066-Adopting Relocation Assistance GuidelinesRESOLUTION 1990 -66
RESOLUTION OF THE TOWN OF LOS GATOS
ADOPTING RELOCATION ASSISTANCE GUIDELINES
WHEREAS, the California Government Code Section 7260 et. seq. and the
Relocation Assistance and Real Property Acquisition Guidelines, 25 Cal. Code of
Regulations Section 6000 et. seq. (Relocation Assistance and Real Property Acquisition
Guidelines), require public entities to adopt guidelines for the procedure and process of
relocating displaced persons and families; and
WHEREAS, the Town of Los Gatos (the public entity) has prepared local
guidelines in accordance with the California Government Code and the Relocation
Assistance and Real Property Acquisition Guidelines;
NOW, THEREFORE, THE TOWN OF LOS GATOS DOES HEREBY
APPROVE AND ADOPT 'Relocation Assistance Guideline of the Town of Los Gatos" in
the form attached hereto as Exhibit A and by this reference made a part hereof.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of March, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura and Mayor Thomas J. Ferrito.
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
YOR OF THE O
LOS GATOS, CAL O
ATTEST:
r
r t
CLERK OF THE TOWN OF LOS/GATOS
LOS GATOS, CALIFORNIA
2
r
OF LOS GATOS
RELOCATION ASSISTANCE GUIDELINES
OF THE
TOWN OF LOS GATOS
Article 1. General
6000. Short Title.
This title shall be known and may be cited as the "Relocation Assistance Guidelines
of the Town of Los Gatos."
6001. Purpose and Interpretation.
(a) The Town of Los Gatos has adopted these Guidelines to assist in the
implementation of payments and the administration of relocation assistance.
(b) Any provision relating to an activity not required by, or to an aspect not
applicable to, any project shall not be construed as modifying the project in any way or
creating any obligation, right, or liability.
(c) Nothing herein shall create, or is intended to create, with respect to any public
entity, any liability or basis for liability which did not exist prior to the adoption of these
Guidelines, and nothing herein shall create, or is intended to create, any additional right,
whether to compensation, payment, or otherwise, which did not exist prior to the
adoption of these Guidelines.
(d) Further, nothing herein shall, or is intended to modify or affect, in law, equity,
procedure, practice, or otherwise, the provisions and policy against double recovery or
duplicative compensation.
6008. Definitions.
(a) "Acquisition" means obtaining ownership or possession of property by lawful
means.
(b) "Appraisal' means a written statement independently and impartially prepared
by a qualified appraiser setting forth an opinion of defend value of an adequately
described property as of a specific date, supported by the presentation and analysis of
relevant market information.
(c) 'Business" means any lawful activity, except a farm operation, conducted for
any of the following:
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(1) Primarily for the purchase, sale, lease or rental of personal and real
property, and for the manufacture, processing, or marketing of products,
commodities, or any other personal property;
(2) Primarily for the sale of services to the public;
(3) Primarily by a nonprofit organization; or,
(4) Solely for the purpose of a moving expense payment (see section 6090),
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.
(d) "Comparable replacement dwelling" means any dwelling that is all of the
following:
(1) Decent, safe and sanitary. (As defined in Section 6008(e)).
(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
minus any replacement housing payment available to the person does not exceed 25
percent of the person's average monthly income.
(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 subject to unreasonable adverse environmental
conditions.
(6) In a location generally not less desirable than the location of the
displaced persons dwelling with respect to public utilities, facilities, services, and the
displaced person's place of employment.
(e) 'Decent, safe and sanitary' means:
(1) Housing 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:
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(A) 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.
(B) Each nonhousekeeping unit shall be in conformance with state and
local code standards for boarding houses, hotels and other dwellings for
congregate living.
(2) When the term decent, safe and sanitary is interpreted, under local,
state or federal law, as establishing a higher standard, the elements of that higher
standard, which exceed the provision of paragraph (1) of this subsection, are
incorporated herein.
(f) 'Department" means the Department of Housing and Community
Development.
(g) '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:
(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 a public entity or by any person having an agreement with or
acting on behalf of a public entity.
(B) As a direct result of the rehabilitation, demolition, or other
displacing activity as the public entity may prescribe under a program or
project undertaken by a public entity, or real property on which the person is a
residential tenant or conducts a business or farm operation, in any case in
which the public entity determines that the displacement is permanent.
(2) Solely for the purposes of California Government Code Sections 7261
and 7262, 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
a public entity.
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(B) As a direct result of the rehabilitation, demolition, or other
displacing activity as the public entity may prescribe under a program or
project undertaken by a public entity, of other real property on which the
person conducts a business or farm operation, in any case in which the public
entity determines that the displacement is permanent.
This definition shall be construed so that persons displaced as a result of
public action receive relocation benefits in cases where they are displaced as a result
of an owner participation agreement or an acquisition carried out by a private
person for or in connection with a public use where the public entity is otherwise
empowered to acquire the property to carry out the public use. Except persons or
families of low and moderate income, as defined in Section 50093 of the Health and
Safety Code, who are occupants of housing which was made available to them on a
permanent basis by a public entity and who are required to move from the housing,
"displaced" person shall not include any of the following:
(1) Any person who has been determined to be in unlawful occupancy of
the displacement dwellings.
(2) Any person whose right of possession at the time of moving arose after
the date of the public entity's acquisition of the real property.
(3) Any person who has occupied the real property for the purpose of
obtaining assistance under this chapter.
(4) In any case in which the public entity 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.
(h) "Displacing entity" means any public entity or person carrying out a program
or project which causes a person to be displaced person for a public project.
(i) '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, 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 to be a dwelling only for the purpose of
establishing eligibility for payment for moving and related expenses (as provided in
Section 6090).
6) "Economic rent" means the amount of rent a tenant or homeowner would have
to pay for a dwelling similar to the acquired dwelling in a comparable area.
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(k) "Elderly household" means a household in which the head of household or
spouse is 62 years or older.
(1) "Family" means two or more individuals who by blood, marriage, adoption, or
mutual consent live together as a family unit.
(m) "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.
n 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 five hundred dollars ($500) for each dependent in
excess of three.
(2) A deduction of ten percent (10 %) of total income for an elderly or
handicapped household.
(3) A deduction for recurring, extraordinary medical expenses, defined for
this purpose to mean medical expenses in excess of three percent (3 %) of total
income, where not compensated for or covered by insurance or other sources, such
as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick
or incapacitated family members when 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.
Gross income is divided by twelve to ascertain the average monthly income.
Relocation and property acquisition payments are not to be considered as income for
the determination of financial means.
(o) "Handicapped household" means a household in which any member is
handicapped or disabled.
(p) "Initiation of negotiations" means the initial written offer made by the
acquiring entity to the owner of real property to be purchased, or the owner's
representative.
(q) "Mobile home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes the
pluming, heating, air - conditioning, and electrical systems contained therein. A
self - propelled vehicle is not a mobilehome.
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(r) "Mortgage" means such classes of liens that are commonly given to secure
advances on, or the unpaid purchase price of, real property, together with the credit
instruments, if any, secured thereby.
(s) "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.
(t) 'Person" means any individual, family, partnership, corporation, or association.
(u) 'Public entity" when used herein shall mean the Town of Los Gatos.
(v) 'Public use" means a use for which property may be acquired by eminent
domain.
(w) "Small business" means a business as defined in Part 24 of Title 49 of the Code
of Federal Regulations.
(x) "Tenant" means a person who rents or is otherwise in lawful possession of a
dwelling, including a sleeping room, which is owned by another.
6010. Prior Determinations.
(a) Displacement. No public entity should proceed with any phase of a project or
other activity which will result in the displacement of any person, business or farm until
it makes the following determinations:
(1) Fair and reasonable relocation payments will be provided to eligible
persons as required by Article 3 of the Guidelines.
(2) A relocation assistance program offering the services described in Article 2
of the Guidelines will be established.
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(3) Eligible persons will be adequately informed of the assistance, benefits,
policies, practices and procedures, including grievance procedures, provided for in
these Guidelines.
(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 housing available
without regard to race, color, religion, sex, marital status, or national origin with
minimum hardship to those affected.
6012. Citizen Participation.
(a) All persons who will be displaced, neighborhood groups, and any relocation
committee are encouraged to participate fully and meaningfully in reviewing any
relocation plans and monitoring any relocation assistance programs.
(b) The displacing entity may permit timely access to all appropriate documents
relevant to the relocation program, provided that a public entity may reasonably restrict
access to material to preserve its privileged status, or to prevent disclosure prohibited by
law. The displacing entity shall ensure that the information in documents the provision
of which would result in disclosure of the identity of eligible persons is provided in a
manner designed to avoid such disclosure. This obligation to avoid improper disclosure
shall not affect any right the person to whom the information relates (or any other
person authorized in writing by such persons) may have to inspect such documents.
(c) The public entity shall endeavor to provide appropriate means for all persons,
groups and committees, to communicate any comments or objections regarding the
relocation plan and shall endeavor to establish means for making any appropriate
response to such comments or objections.
6020. Severability.
If any provision or the Guidelines or the application thereof is held invalid, such
invalidity shall not affect other provisions or applications of the Guidelines which can be
given effect without the invalid provision or application, and to this end the provisions of
the Guidelines are severable.
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Article 2. Relocation Assistance Advisory Program and
Assurance of Comparable Replacement Housing
6030. Purpose.
The purpose of this part is to set forth requirements with respect to the
development and implementation of a relocation assistance advisory program for the
provision of specified services and to prescribe the obligation of a public entity not to
displace or cause the displacement of any person from his or her dwelling without
adequate notice and unless suitable replacement housing is available.
6032. Relocation Assistance Advises Program.
Public entities shall develop and implement a relocation assistance advisory program
which satisfies the requirements of this article and of Title VI of the Civil Rights Act of
1964 (42 U.S.C. Section 2000(d)), Title VIII of the Civil Rights Act of 1968, the Unruh
Civil Rights Act (Civil Code Section 51 et seq.) and the California Fair Employment and
Housing Act (Government Code Sections 12900 et seq.). Such program shall be
administered so as to provide advisory services which offer assistance to minimize the
hardship of displacement and to ensure that
(a) all persons displaced from their dwellings are relocated into suitable replacement
housing, and
(b) all persons displaced from their places of business or farm operations are
assisted in reestablishing with a minimum of delay and loss of earnings.
6034. Eligibility.
(a) Relocation Assistance shall be available to:
(1) Any person who occupies property from which he or she will be
displaced.
(2) Any person who will move from real property or will move his or her
personal property from real property, because he or she will be displaced from
other real property on which he or she conducts a business or farm operation.
(3) Any person who moves from real property as the result or its
acquisition by a public entity whether the move is voluntary or involuntary.
(4) Any person who, following the initiation of negotiations, moves as the
result of the pending acquisition. Such a person is eligible if the property is
subsequently acquired by the public entity; if it is not acquired, such a person, at the
discretion of the public entity, may be declared eligible.
(5) Any person who moves as the result of pending acquisition by a public
entity either following receipt of a Notice of Intent to Displace (see Section 6086) or
as a result of inducement or encouragement by the public entity.
(b) Post - acquisition tenants.
(1) Those who lawfully occupy property only after a public entity acquires
it, are not eligible for assistance and benefits if, before occupying the property, they
are informed by the public entity that the property has been acquired for a public
use and will be available as housing only in the interim between acquisition and
development and that development for such use may result in termination of the
tenancy sooner than would otherwise be expected. When post- acquisition tenants
are so informed they are not eligible even though they move as the result of a
written order from the public entity to vacate the real property.
A public entity shall inform prospective tenants regarding the projected
date of displacement and periodically, should inform post- acquisition tenants of any
changes in this projection.
Persons who become post- acquisition tenants after the effective date of
the Guidelines, who are not so informed and who move as the result of a written
order from the public entity to vacate are eligible for assistance and benefits, except
where they are evicted in accordance with the provisions of section 6058.
(2) 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 displacing entity may provide
relocation assistance benefits.
6036. Rehabilitation Demolition Code Enforcement.
If a public entity undertakes a rehabilitation or demolition program or enforcement
of building codes and as a result a person or business is displaced from privately owned
property, the public entity may provide assistance and benefits, but it is not required to
do so. If a person or business is displaced by such an undertaking from the property
acquired by a public entity, the public entity shall provide assistance and benefits.
6038. Relocation Plan.
(a) As soon as possible following the initiation of negotiations and prior to
proceeding with any phase of a project or other activity that will result in displacement a
public entity should prepare a Relocation Plan to be approved by the City Council.
When the public entity's action will only result in an insignificant amount of non-
residential displacement, the requirements of this section need not be satisfied.
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(b) A Relocation Plan should include the following:
(1) A diagrammatic sketch of the project area;
(2) Projected dates of displacement;
(3) A written analysis of the aggregate relocation needs of all persons to be
displaced and a detailed explanation as to how these needs are to be met;
(4) A written analysis of relocation housing resources;
(5) A detailed description of the relocation advisory services program,
including specific procedures for locating and referring eligible persons to
comparable replacement housing;
(6) A description of the relocation payments to be made and a plan for
disbursement;
(7) A cost estimate for carrying out the plan and identification of the
source of the necessary funds;
(8) A standard information statement to be sent to all persons to be
displaced;
(9) Temporary relocation plans, if any;
(10) A description of relocation office operation procedures;
(11) Plans for citizen participation;
(12) An enumeration of the coordination activities undertaken;
(13) The comments of the relocation committee, if any;
(14) A written determination of the public entity that the necessary
resources will be available as required.
(c) In the event of delay of implementation of the relocation program, the plan
shall be updated annually.
(d) A Relocation Plan shall be consistent with the local housing element.
(e) General Notice of a prepared Relocation Plan shall be provided by mailing a
notice thereof to each property owner within the project or by personal delivery.
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6040. Minimum Requirements of Relocation Assistance Advisory Program.
(a) Each relocation assistance advisory program undertaken pursuant to this
Article should include those measures, facilities, or services which are necessary or
appropriate to do all of the following:
(1) Fully inform eligible persons under this Article as soon as is reasonably
practicable following the initiation of negotiations for a parcel as to the availability
of relocation benefits and assistance and the eligibility requirements therefor, as well
as the procedures for obtaining such benefits and assistance;
(2) Determine and make timely recommendations on the needs and
preferences, if any, of displaced persons for relocation assistance;
(3) Assure eligible persons that within a reasonable period of time 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;
(4) Provide current and continuing information on the availability, prices,
and rentals of comparable sales and rental housing, and of comparable commercial
properties and locations, and as to security deposits, closing costs, typical down
payments, interest rates, and terms for residential property in the area;
(5) Assist each eligible person to complete applications for payments and
benefits;
(6) Assist each eligible, displaced person to obtain and move to a
comparable replacement dwelling;
Only adequate inspection will insure that a particular unit meets this
standard. If a displaced person occupies a unit to which he or she is referred by the
public entity and the unit does not satisfy the comparable replacement dwelling
standard, the public entity has not fulfilled its obligation to assist the displaced
person to obtain such a dwelling. Whenever this occurs the public entity shall offer
to locate such a dwelling for the displaced person and to pay again all moving and
related expenses. If the displaced person chooses not to move from the unit that he
or she occupied following referral, the public entity shall not assert that he or she is
ineligible to receive relocation assistance and benefits on the basis of that unit's
failure to satisfy the comparable replacement dwelling standard.
(7) 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.
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(8) Assist each eligible person displaced from his or her business or farm
operation in obtaining and becoming established in a suitable replacement location;
(9) Provide any services required to insure that the relocation process does
not result in different or separate treatment on account of race, color, religion,
national origin, sex, marital status or other arbitrary circumstances;
(10) Supply to such eligible persons information concerning federal and state
housing programs, disaster loan and other programs administered by the Small
Business Administration, and other federal or state programs, offering assistance to
displaced persons;
(11) Provide other advisory assistance to eligible persons in order to
minimize their hardships. It is recommended that, as needed, such assistance
include counseling and referrals with regard to housing, financing, employment,
training, health and welfare, as well as other assistance; and
(12) Inform all persons who are expected to be displaced about the
eviction policies to be pursued in carrying out the project.
(b) Notwithstanding Section 6008(g), advisory assistance will be available in any
case in which a displacing 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 project to the extent
determined by the displacing agency.
6042. Replacement Housing Prior to Displacement: Notices To Displaced Persons.
(a) An eligible person shall not be required to move from his or her dwelling
unless within a reasonable period of time prior to displacement a comparable
replacement dwelling or, in the in the case of a temporary move, an adequate
replacement dwelling (as defined in subsection (b) below) is available to such person.
(b) The criteria for adequate replacement dwellings are in all respects identical to
those for comparable replacement dwellings, except that an adequate replacement
dwelling, with respect to the number of rooms, habitable living space and type of
construction, need be only adequate not comparable.
(c) Reasonable Offer of Replacement Housing. The requirements of this section
shall be deemed to have been satisfied if a person is offered and refuses without
justification reasonable choices of specifically identified comparable replacement
dwellings which fully satisfy the criteria set forth in the Guidelines. The offer shall be in
writing, in a language understood by the displaced person.
(d) Notice. No eligible person occupying property shall be required to move from
a dwelling or to move a business or farm operation, without at least ninety (90) days
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written notice from the public entity. The public entity shall notify each individual tenant
to be displaced as well as each owner - occupant.
6044. Temporary Move.
(a) General. A public entity shall be required to minimize to the greatest extent
feasible the use of temporary relocation resources (as defined in section 6042) but, when
a project plan anticipates moves back into completed project accommodations,
temporary relocation resources may be used, at the displaced person's election for a
limited period of time. Temporary relocation does not diminish the responsibility of the
public entity to provide relocation assistance, services and benefits designed to achieve
permanent relocation of displaced persons into comparable replacement dwellings.
(b) Requirements. Temporary replacement housing may not be relied upon if
comparable replacement housing will not be available to the displaced person within 12
months of the date of the temporary move. Prior to the move, the public entity shall
have determined and have provided written assurance to each displaced person that:
(1) Comparable replacement housing will be made available at the earliest
possible time but in any event not later than 12 months from the date of the move
to temporary housing. Temporarily housed persons may agree to extend the 12
month limitation, but, if they do not, the public entity shall ensure that comparable
replacement dwellings are available within the 12 month period.
(2) Comparable replacement housing will be made available, on a priority
basis to the individual or family who has been temporarily rehoused.
(3) The move to temporary housing will not affect a claimant's eligibility
for a replacement housing payment nor deprive him or her of the same choice of
replacement housing 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 the relocation payments to which a displaced person is entitled.
(4) If a project plan anticipates moves back into replacement housing
accommodations in the project in program area, the person who has been
temporarily displaced will be given priority opportunity to obtain such housing
accommodations.
(5) The public entity will pay all costs in connection with the move to
temporary housing including increased housing costs.
6046. Informational Program.
(a) Basic Requirements. The displacing entity shall establish and maintain an
information program that provides for the following:
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(1) Preparation, and distribution of informational material to each occupant
of the property. This material shall be prepared and distributed as soon as is
reasonably practicable following the initiation of negotiations and no less than ninety
(90) days in advance of displacement. Where appropriate, separate informational
statements shall be prepared for residential and for non - residential occupants.
(2) Conducting personal interview and maintaining personal contacts with
occupants of the property to the maximum extent practicable.
(3) Utilizing meetings, newsletters, and other mechanisms, including local
media available to all persons, for keeping occupants of the property informed on
a continuing basis. The criterion for selection among various alternatives shall be
the likelihood of actually communicating information to such persons. Legal
publications, legal advertisements in local newspapers of general circulation and
similar means which may go unnoticed are deemed to be inadequate.
(b) Language. Informational material should 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.
(c) Method of Delivery. To assure receipt of the informational material, the local
agency should arrange to have the material either hand - delivered to each occupant of
the property with a request for a written receipt, or sent by certified mail, return receipt
requested.
(d) General and Specific Information. In addition to disseminating general
information of the type described in this section, the displacing entity may provide each
person with individual, written notification as soon as his or her eligibility status has
been established.
(e) Content of Informational Statement. Attachment A identifies the kinds of
information required to be included in statements distributed to occupants of the
property. The figure lists minimum requirements. The displacing entity should include
any additional information that it believes would be helpful. (See Attachment A.)
6048. Survey and Analysis of Relocation Needs.
(a) Requirement.
(1) As soon as reasonably possible following the initiation of negotiations
interviews should be conducted of all eligible persons, business concerns, including
nonprofit organizations, and farm operations, to obtain information upon which to
plan for housing and other accommodations, as well as counseling and assistance
needs.
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(2) Coordination with Other Agencies. Other agencies may also be
conducting surveys in the area at the same time. Coordination will be necessary to
avoid duplication and to ensure that necessary information is available at the
appropriate time. Surveys utilized to gather data for social service referrals should
be planned in cooperation with social service agencies and a referral system should
be established.
(3) Information to Persons to Be Displaced. The local agency shall carefully
explain and discuss fully with each person interviewed the purpose of the survey
and the nature and extent of relocation payments and assistance that will be made
available. All persons shall be advised and encouraged to visit the relocation office
or contact the Relocation Director for information and assistance.
(4) Relocation Records. Based on information obtained during the survey
and other sources as applicable, the local 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.
(b) The survey shall be by direct, personal interview, except where repeated efforts
indicate that is not possible. 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. Eligible persons should he or she encouraged to
bring any change in their needs to the attention of relocation officials.
(c) A public entity shall endeavor to obtain the following information; income;
whether a person is elderly or handicapped; size of family; age of children; location of
job and factors limiting accessibility; area of preferred relocation; type of unit preferred;
ownership or tenant preference; special schools and other services; eligibility for publicly
assisted housing; and with reference to the present dwelling, the rent, number of rooms
and bedrooms, and locational factors including among others public utilities, public and
commercial facilities (including transportation and schools) and neighborhood conditions
(including municipal services). Other matters that concern a household and its members
contemplate relocation should also be included.
(d) A written analysis of relocation housing 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 housing.
The information concerning home ownership and rental units shall be provided
separately. The number of units needed shall be identified by cost for each size category.
The needs of elderly and handicapped households shall be shown separately and shall
include information on the number of such households requiring special facilities and
the nature of such facilities.
15
The statement of relocation housing needs shall include a description of the
locational characteristics of the displacement area neighborhoods corresponding to the
requirements of comparable replacement housing. Information shall be provided
concerning proximity to present employment sources, medical and recreational facilities,
parks, community centers, shopping, transportation and schools. Information concerning
proximity to other relevant needs and amenities is essential to ensuring that no residents
are incapacitated by the relocation and such information also should be provided.
6052. Survey and Analysis of Available Relocation Resources.
(a) To enable a public entity reasonably to determine that the requisite
comparable replacement dwellings will be available, the public entity, within a
reasonable period following the initiation of negotiations, shall initiate a survey and
analysis of available comparable relocation resources.
If a recent survey that provides the information identified in this section is not
available, the public entity shall conduct a survey and analysis 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.
(b) 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 which equal or exceed those of the neighborhood from which
persons are to be displaced.
(c) A written analysis of relocation housing resources shall be prepared in
sufficient detail to determination of the availability for all potential displacees of
housing which meets the standards set forth in the definition of comparable replacement
housing. The information concerning homeownership and rental units shall be provided
separately. The number of units available shall be identified by cost for each size
category. Resources available to meet the needs of elderly and handicapped households
shall be shown separately and shall include information on the number of units with
special facilities and the nature of such facilities.
The analysis of resources shall include a description of the locationai
characteristics of the survey area neighborhoods corresponding to the requirements of
comparable replacement housing. Information shall be provided 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. Information concerning proximity to other
relevant needs and amenities is essential to ensuring that residents are not incapacitated
by the relocation and such information should also be provided.
(d) (1) Units which do not satisfy the standards of comparable replacement
housing, including the locationai criteria, shall not be counted as a relocation
resource.
16
(2) Uncompleted new construction or rehabilitation shall not be included in
the gross figure unless there is a substantial likelihood that the units will be
available when needed and at housing or rental costs within the financial means of
the prospective occupants.
(3) In addition to the other requirements of this section, the gross figure
representing the number of units available shall be discounted to reflect concurrent
displacement. Concurrent displacement by the federal government and its agencies,
including federally- assisted projects, as well as displacement by other public entities
shall be taken into account.
(4) Publicly subsidized housing, including public housing, shall not be
counted as a resource unless it reasonably can be established that:
(A) The units will be available when needed;
(B) The governmental body providing the subsidy has made, in
writing, a reasonably binding commitment of assistance; and
(C) The 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 units available in the community exceeds the
number of households in need of the units. This requirement may be waived
by the department if the public entity can establish that such units will be
replaced by last resort housing within two years. To establish that last resort
housing will be developed as required the public entity must have site control
with permissive zoning, preliminary plans and conditional commitments for
subsidy and financing or the equivalent. The public entity also must identify
ownership.
(e) Uncompleted new construction or rehabilitation which is subsidized by public
funds shall not be counted as a relocation resource unless the units are being subsidized
to provide relocation resources.
6054. Last Resort Housing.
(a) No eligible person shall be required to move from his or her dwelling because
of the action of a public entity unless comparable replacement housing is available to
him.
(b) If on the basis of its survey and analysis of relocation needs and resources a
public entity cannot determine that comparable replacement housing will be available w
required, the public entity may not proceed with any phase of a project or other activity
which will result in displacement unless it provides such housing. (See Article 4.)
17
(b) If the action of a public entity has resulted or is resulting in displacement and
comparable replacement housing is not available as needed, the public entity shall use
its funds, or funds authorized for each project to provide such housing (see Article 4).
6056. Termination of Relocation Assistance.
A public entity's relocation obligations cease under the following circumstances:
(a) A displaced person moves to a comparable replacement dwelling and receives all
assistance and payments to which he or she is entitled.
(b) The displaced person moves to substandard housing, refuses reasonable offers
of additional assistance in moving to a decent, safe and sanitary replacement dwelling
and receives all payments to which he or she is entitled.
(c) All reasonable efforts to trace a person have failed. To ensure that the action
of a public entity does not reduce the housing supply in critical categories or locations,
unsuccessful efforts to trace a particular displaced person shall not lessen the obligation
to provide last resort housing. (See Article 4.)
(d) The business concern or farm operation has received all assistance and
payments to which it is entitled and has been successfully relocated or has ceased
operations.
(e) A person displaced from his or her dwelling, business or farm refuses reasonable
offers of assistance, payments and comparable replacement housing.
6058. Eviction.
(a) Eviction should be used only as a last resort. The mere fact of eviction alone
does not affect the eligibility of evicted displaced persons for relocation payments.
Relocation records should be documented to reflect the specific circumstances
surrounding the eviction.
(b) Eviction should be undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those cases where the failure to pay is
due to the lessor's failure to keep the premises in habitable condition, is the result
of harassment or retaliatory action or is the result of unreasonable discontinuation
or substantial interruption of services;
(2) Performance of a dangerous, illegal act in the unit;
(3) Material breach of the rental agreement and failure to correct breach
within 30 days of notice;
(4) Maintenance of a nuisance and failure to abate within a reasonable
time following notice;
IN
(5) Refusal to accept one of a reasonable number of offers of replacement
dwellings;
(6) The eviction is required by State or local law and cannot be prevented
by reasonable efforts on the part of the public entity;
(7) Failure to vacate in accordance with an agreement with the public
entity; or
(8) Failure to obey a court order authorizing the public entity to take
possession.
Article 3. Relocation Payments
6080. Purpose.
The purpose of this Article is to set forth the types of, and specific eligibility criteria
for, relocation payments to displaced persons. Basic eligibility conditions are set forth in
section 6084. Specific conditions relating to particular payments are described in later
sections.
6082. Relocation Payments by Public Entity.
A person establishes basic eligibility to or on behalf of eligible displaced persons in
accordance with and to the full extent permitted by this Article.
6084. Basic Eligibility Conditions.
A person establishes basic eligibility for relocation payments if he or she satisfies the
conditions described in section 6034. A person who moves from real property or who
moves his or her personal property from real property because he or she will be
displaced from other real property on which he or she conducts a business or farm
operation, establishes eligibility on the basis of the move from such other property only
for payments made pursuant to section 6090.
6086. Notice of Intent to Displace.
A public entity may issue a written Notice of Intent to Displace at any time after
forming a reasonable expectation of acquiring real property. Such a notice, by
establishing eligibility prior to acquisition, will enable a public entity to respond to
hardship and other situations.
6088. Filing of Claims: Submission of Tax Returns.
All claims filed with the public entity shall be submitted within eighteen months of
the date on which the claimant receives final payment for the property, or the date on
19
which he or she moves, whichever is later. The displacing entity may extend this period
upon a proper showing of good cause. Except where specifically provided, a claimant
shall not be required by these Guidelines to submit a copy of his or her tax returns in
support of a claim for relocation payments.
6090. Actual Reasonable Moving Expenses.
(a) General. A public entity shall make a payment to a displaced person who
satisfies the pertinent eligibility requirements of Section 6084 and the requirements of
this section, for actual moving and related expenses as the public entity determines to be
reasonable and necessary, including specified expenses below and subject to the
limitations set forth in subsection (c) of this section for moving himself or herself, his or
her family, business, farm operation or other 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 displaced except where relocation beyond such
distance of 50 miles is justified;
(2) Packing, crating, unpacking and re- crating personal property;
(3) Such storage of personal property, for a period generally not to exceed
12 months, as determined by the public entity 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 or negligence of the displaced person, his or her agent, or
employee) in the process of moving, where insurance covering such loss, theft or
damage is not reasonably available; and
(6) 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 public entity,
including connection charges imposed by public utilities for starting utility service.
(b) Actual Reasonable Moving Expenses -- Displaced Business Concerns and Farm
operations. In addition to those compensable expenses set forth in subsection (a) of this
section, a displaced business concern or farm operation may file a claim for the
following moving and related expenses:
(1) The cost, directly related to displacement and subject to the limitation
imposed by paragraph (b)(2), of:
In
(A) Any addition, improvement, alteration or other physical
change in or to any structure or to any structure or its premises in connection
with the reassembling, reconnection or reinstallation of machinery, equipment
or other personal property. A public entity, at its discretion, may
compensate a displaced business or farm for any addition, improvement,
alteration or other physical change otherwise required to render such structure,
premises, or equipment suitable for the business or farm's use.
(B) Modifying the machinery, equipment, or other personal
property to adopt it to the replacement location or to utilities
available at the replacement location or modifying the power supply.
(2) Claims for payment under this subsection shall be subject to the
following limitations:
(A) Reimbursable costs shall be reasonable in amount.
(B) The cost shall be found by the public entity to be required by law
or ordinance or to be otherwise necessary to the reestablishment of the
displaced business or farm.
(C) The cost could not be or she avoided or substantially reduced at
an alternate available and suitable site to which the business was
referred.
(D) The public entity shall deduct, on the basis of a reasonable
estimate the amount, if any, realized by the displaced business concern
as compensation for comparable additions, improvements, alterations or
other physical changes to the structure and premises acquired, as part
of the payment made for the acquisition of such structure and premises.
(3) 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.
(4) 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.
(5) Where an item of personal property which is used in connection with
any business or farm operation is not moved but is replaced with a comparable item,
reimbursement in an amount not to exceed (i) the replacement cost, minus any net
proceeds received from its sale, or (ii) the estimated cost of moving, whichever is
less.
21
a
(c) Advanced Payments. A displaced person may be paid for his or her anticipated
moving expenses in advance of the actual move. A public entity should provide advance
payment whenever later payment would result in financial hardship. Particular
consideration should be given to the financial limitations and difficulties experienced by
low and moderate income persons and small farm and business operations.
(d) The specific provisions contained in this section are not intended to preclude a
public entity's reliance upon other reasonable means of effecting a move, including
contracting moves and arranging for assignment of moving expense payments by
displaced persons.
(e) Self- moves. Without prior documentation of moving expenses actually
incurred, a displaced person electing to self -move may submit a claim for his or her
moving expenses to the public entity in an amount not to exceed an acceptable low bid
or an amount acceptable to the displacing entity.
(f) Personal Property of Low Value and High Bulk Business or Farm Operation.
Where, in the judgment of the public entity, the cost of moving any item of personal
property of low value and high bulk which is used in connection with any business or
farm operation 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.
(g) Documentation in Support of a Claim.
(1) General. Except in the case of a displaced person conducting a
self -move as provided in subsection (e) above, a claim for a payment under this
section shall be supported by a bill or other evidence of expenses incurred. By
prearrangement between the public entity, the site occupant, and the mover,
evidenced in writing, the claimant or the mover may present an unpaid moving bill
to the public entity, and the public entity may pay the mover directly.
(2) Business and Farm Operations. Each claim for the costs incurred by a
displaced person for moving his or her business or farm operation shall be
supported by competitive bids in such number as are practical. If the public entity
determines that compliance with the bid requirement is impractical or if estimates in
an amount of less than one thousand dollars ($1,000) are obtained, a claim may be
supported by estimates in lieu of bids.
(h) Whenever a public entity 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 as provided by California Government Code Section 7662(e). The Public
entity may solicit competitive bids from qualified bidders for performance of the work.
22
Bids submitted in response to such solicitations shall be exempt from regulation by the
Public Utilities Commission.
6092. Actual Direct Losses of Tangible Personal Property.
(a) General. A public entity shall make a payment to a displaced person who
satisfies the eligibility requirements of section 6090 and this section, for actual direct
losses of tangible personal property as a result of moving or discontinuing a business or
farm operation, in an amount determined by the public entity to be in accordance with
the provisions of this section.
(b) Determining Actual Direct Loss of Property. Actual direct loss of property
shall be determined on the basis of the lesser of the following:
(1) The fair market value of the property for continued use at its location
prior to displacement; or
(2) The estimated reasonable costs of relocating the property. The public
entity may require that the owner first make a bona fide effort to sell the property
or it may permit the owner not to do so. The proceeds realized from any sale of all
or part of the property shall be deducted from the determination of loss. In
calculating payment under this section the reasonable cost of an effort to sell shall
be added to the determination of loss.
(c) Documentation to Support claim. A claim for payment hereunder shall be
supported by written evidence of loss which may include appraisals, certified prices, bills
of sale, receipts, cancelled checks, copies of advertisements, offers to sell, auction
records, and other records appropriate to support the claim or the public entity may
agree as to the value of the property left in place.
6094. Actual Reasonable Expenses in Searching for a Replacement Business or
Farm.
A displaced person who satisfies the pertinent eligibility requirements of section
6090 with respect to actual reasonable moving expenses, shall be eligible for a payment
in an amount not to exceed one thousand dollars ($1,000), in searching for a
replacement business or farm, including expenses incurred for:
(a) Transportation;
(b) Meals and lodging away from home;
(c) Time spent in searching, based on the hourly wage rate of the salary or
earnings of the displaced person or his or her representative, but not to exceed ten
dollars ($10) per hour; and
23
(d) Fees paid to a real estate agent or broker to locate a replacement business or
farm.
6096. Moving Expenses -- Outdoor Advertising Businesses.
A displaced person who 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 advertiser
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.
6098. Alternate Payments -- Individuals and Families.
A person or family, who is displaced from a dwelling and is eligible for a payment
for actual reasonable moving expenses under section 6090, may elect to receive and shall
be paid in lieu of such payment:
(a) A moving expense allowance not to exceed three hundred dollars ($300) and
determined in accordance with established Federal Highway Administration schedules
maintained by the California Department of Transportation, and
(b) A dislocation allowance of two hundred dollars ($200).
6100. Alternate Payments -- Businesses and Farm Operations.
(a) General. A displaced person who moves or discontinues his or her business or
farm operation, who is eligible for payments under sections 6090, 6092, 6094 or 6096,
and who elects to accept the payment authorized by this section in lieu of the payment
authorized by said sections, shall receive a fixed relocation payment in an amount equal
to the average annual net earnings of his or her business or farm operation, except that
such payment shall not be less than one thousand dollars ($1,000), nor more than twenty
thousand dollars ($20,000). For purposes of this section, the dollar limitation specified
in the preceding sentence shall apply to a single business, regardless of whether it is
carried on under one or more legal entities.
(b) Requirements -- Businesses. Payment shall not be under this section unless the
public entity determines that;
(1) The business cannot be relocated without a substantial loss of its
existing patronage, based on a consideration of all pertinent circumstances including
such factors as the type of business conducted, the nature of the clientele, the
relative importance to the displaced business of its present and proposed location,
and the availability of a suitable relocation site.
(2) The business is not part of a commercial enterprise having another
establishment which is not being acquired for a project and which is engaged in
I.L!
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;
(B) Has had average annual gross receipts of less than two thousand
dollars ($2,000) during the two taxable years prior to displacement of the
major component of the business; or
(C) Has had average annual net earnings of less than one thousand
dollars ($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 purposes of this section; and
(3) The displaced business:
(A) Had average annual gross receipts of at least two thousand dollars
$2,000 during the two taxable years prior to displacement; or
(B) The displaced business had average annual net earnings of at
least one thousand dollars ($1,000) during the two taxable years prior to
displacement; or
(C) The displaced business 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. If in any case the public entity determines that the two year
period prior to displacement is not representative of average receipts, earnings
or income, it may make use of a more representative period.
(c) 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 promises and equipment are shared.
(2) The extent to which substantially identical or intimately inter - related
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.
(d) Requirements -- Farms. In the case of a farm operation, no payment shall be
made under this section unless the public entity determines that the farm met the
25
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: the part taken met the definition of a farm operation prior to
the taking and the taking caused such a substantial change in the nature of the existing
farm operation as to constitute a displacement.
(e) Requirements -- Nonprofit Organizations. In the case of a nonprofit
organization, no payment shall be made under this section unless the public entity
determines that:
(1) The nonprofit organization cannot be relocated without a substantial
loss of its existing patronage (the term "existing patronage" as used in connection
with the nonprofit organization 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 which is engaged in the same or
similar activity.
(f) Net Earnings. The term "average annual net earnings as used in this section
means one -half of any net earnings of the business or farm operation, before federal and
state and local income taxes, during the two taxable years immediately preceding the
taxable year in which the business or farm operation moves from the real property
acquired for such project, or during any other period as the head of the public entity
determines to be more equitable for establishing earnings, and includes any
compensation paid by the business or farm operation to the owner, his or her spouse or
his or her dependents during the period. To be eligible for payment authorized by the
subdivision, the business or farm operation shall make available its state income tax
records, financial statements, and accounting records, for confidential use pursuant to an
audit to determine the payment pursuant to this section. The term "owner" as used in
this section includes the sole proprietor in a sole proprietorship, the principal partners in
a partnership, and the principal stockholders of a corporation, as determined by the
public entity. For purposes of determining a principal stockholder, stock held by a
husband, his wife and their dependent children shall be treated as one unit.
(g) Any displaced person eligible for payments under section 6100(a) who is
displaced from the person's place of business or farm operation and who is eligible
under criteria established by the public entity, may elect to accept a fixed payment in
lieu of the payment authorized by section 6100(a). The fixed payment shall not be less
than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). A
person whose sole business at the displacement dwelling is the rental of the property to
others shall not qualify for a payment under this subdivision.
(h) If a displaced person who conducts a business or farm operation elects to
receive a fixed payment under this section, he or she shall provide proof of his or her
earnings from the business or farm operation to the agency concerned. Proof of
26
earnings may be established by income tax returns, financial statements and accounting
records or similar evidence acceptable to the public entity.
(i) 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.
0) Whenever the acquisition of real property used for a business or farm operation
causes the person conducting the business or farm operation to move from other real
property, or to move his or her personal property from other real property, the person
shall receive payments for moving and related expenses under section 6090 and
relocation advisory assistance under section 6040 for moving from the other property.
6102. Replacement Housing Payments for Homeowners.
(a) General. A public entity shall make to a person who is displaced from a
dwelling and who satisfies the pertinent eligibility requirements of section 6084 and the
conditions of subsection (b) of this section, a payment not to exceed a combined total of
twenty -two thousand five hundred dollars ($22,500) for:
(1) The amount, if any, which when added to the acquisition cost of the
dwelling acquired for the project equals the reasonable cost, as determined in
accordance with subsection (c) 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, except where a
displaced person, in the circumstance described in paragraph 6108(a)(1), is willing to
use the extra money to improve the condition of the dwelling.
(2) The amount, if any, to compensate the displaced owner for any
increased interest costs, as determined in accordance with subsection (c), he or she
is required to pay for financing the acquisition of a replacement dwelling. The
payment shall not be made unless the dwelling acquired by the public entity was
encumbered by a bona fide mortgage which was a valid lien on the dwelling for not
less than 180 days prior to the initiation of negotiations for acquisition of such
dwelling. (This time requirement may be modified in accordance with the provisions
of subsection (b) below. California Government Code Section 7263(b)(2) shall
apply.)
(3) Reasonable expenses, determined in accordance with subsection (c) of
this section, incurred by the displaced person incident to the purchase of the
replacement dwelling.
(4) In accordance with section 6106, the cost of rehabilitating a dwelling
which does not satisfy the decent, safe and sanitary standard.
27
(b) Eligibility Conditions.
(1) A displaced person is eligible for payment under this section if such
person:
(A) Is displaced from a dwelling that is acquired;
(B) Has actually owned and occupied such dwelling for not less than
180 days prior to the initiation of negotiations for its acquisition;
(C) Purchases and occupies a replacement dwelling within one year
subsequent to the date on which he or she received final payment from the
public entity of all costs of the acquired dwelling or the date on which he or
she moves from the acquired dwelling, whichever is later, and
(2) If an owner satisfies all but the 180 day requirement and can establish
to the satisfaction of the public entity that he or she bought the dwelling with the
intention of making it his or her place of residence, that the move was not
motivated by a desire to receive relocation assistance and benefits, and that he or
she neither knew nor should have known that the public acquisition was intended
the public entity may reduce the requirement.
(3) Where for reasons beyond the control of the displaced person
completion of construction, rehabilitation, or relocation of a replacement dwelling is
delayed beyond the date by which occupancy is required, the public entity shall
determine the date of occupancy to be the date the displaced person 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
person occupies the replacement dwelling when the construction or rehabilitation is
completed.
(4) Where, for reasons of hardship or circumstances beyond the control of
the displaced person, such person is unable to occupy the replacement dwelling by
the required date, the public entity may extend the deadline as necessary. If by the
deadline the displaced person has contracted to purchase a replacement dwelling,
the public entity should extend the deadline.
(5) No person otherwise eligible for a payment under this section or under
section 6104 shall be denied such eligibility as a result of his or her being unable,
because of a major state or national disaster, to meet the occupancy requirements.
(c) Computation of Replacement Housing Payment.
(1) Cost of Comparable Replacement Dwelling.
(A) In determining the reasonable cost of a comparable replacement
dwelling, the public entity concerned shall use one of the following methods:
Comparative Method. On a case -by -case basis by determining the
listing price of dwellings which have been selected by the public
entity and which are most representative of the acquired dwelling
unit and meet the definition of comparable replacement dwelling
set out in subsection 6008(d). Whenever possible the listing price
of at least three dwellings shall be considered.
2. Schedule Method. Where the public entity determines that the
comparative method is not feasible, it may establish a schedule of
reasonable acquisition costs for the various types of comparable
replacement dwellings. If more than one entity is administering a
project causing displacement in the area, it shall cooperate with
the other entities in establishing a uniform schedule for the area.
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. In large urban areas this 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
listed in subsection 6008(d). To assure the greatest comparability
of dwellings in any analysis, the analysis shall be divided into
classifications of the type of construction, number of bedrooms,
and price ranges.
3. Alternative Method. Where the public entity determines that
neither the schedule, nor comparative method is feasible in a
given situation, by the use of another reasonable method.
(B) Whichever method is selected the cost shall be updated to within
three months of the date of purchase of the replacement dwelling.
(2) Interest Payments. Interest payments shall be equal to the discounted
present value of the difference between the aggregate interest applicable to the
amount of the principal of the mortgage on the acquired dwelling over its remaining
term at the time of acquisition, and other debt service costs, and the aggregate
interest paid on the mortgage on the replacement dwelling, and other debt service
costs. The term and amount of the mortgage on the replacement dwelling for
purposes of this paragraph shall be the lesser of the remaining term and amount of
the mortgage on the acquired dwelling, or the actual term and amount of the
mortgage on the replacement dwelling. The amount of the debt service cost with
respect to the replacement dwelling shall be the lesser of the debt service cost based
on the cost required for a comparable dwelling, or the debt service cost based on
the actual cost of the replacement dwelling.
Prepaid interest or "points" shall be considered in the determination of
aggregate interest.
WE
In calculating the amount of compensation, increased interest cost shall
be reduced to discounted present value using the prevailing interest rate paid on
savings deposits by commercial banks in the general area in which the replacement
dwelling is located.
(3) Expenses Incident to the Purchase of the Replacement Dwelling.
Payment under this section shall include the amount necessary to reimburse the
displaced person for actual costs incurred by him or her incident to the purchase of
the replacement dwelling, including but not limited to the following: legal, closing,
and related costs including title search, preparing conveyance contracts, notary fees,
surveys, preparing drawings or plats, and charges paid incident to recordation;
lender, FHA, VA or similar appraisal cost; FHA, VA or similar application fee; cost
for certification of structural soundness; credit report charges; charge for owner's
and mortgagee's evidence or assurance of title, escrow agent's fee; and sales or
transfer taxes. Payment for any such expenses shall not exceed the amount
attributable to the purchase of a replacement dwelling. Such expenses shall be
reasonable and legally required or customary in the community.
Reimbursement shall not be made under the provisions of this
paragraph for any fee, cost, charge, or expense which is determined to be part of the
debt service or finance charge under Title I of the Truth in Lending Act
(Publ.L.90 -321), 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 interest payments.
(d) The additional payment authorized by this section shall be made only to a
displaced owner who purchases and occupies a decent, safe, and sanitary replacement
dwelling within one year from the later of the following:
(1) The date the displaced person receives final payment for the
displacement dwelling, or in the case of condemnation, the date the full amount of
estimated just compensation is deposited in court.
(2) The date the displacing entity fulfills its obligation to make available at
least one comparable replacement dwelling to the displaced person.
However, the displacing entity may extend the period for good cause.
Also, the displaced owner and the public entity may agree in writing that the
displaced owner may remain in occupancy of the acquired dwelling as a tenant of
the public entity on the conditions that the displaced owner shall only be entitled to
the payment authorized by this section on the date on which the owner moves from
the acquired dwelling and that the payment shall be in an amount equal to that to
which the owner would have been entitled if the owner had purchased and occupied
a replacement dwelling one year subsequent to the date on which final payment was
received for the acquired dwelling from the public entity.
30
(e) Multi- family Dwelling. In the case of a displaced homeowner who is required
to move from a non - family unit of a multi- family building which he or she owns, the
replacement housing payment shall be based on the cost of a comparable one - family
unit in a multi - family building of approximately the same density or if that is not
available in a building of the next less density, or, if a comparable one - family unit in
such a multi - family building is not available, the cost of an otherwise comparable
single - family structure.
(f) Owner Retention.
(1) If a displaced homeowner elects to retain, move, and occupy his or her
dwelling, the amount payable under this section 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. A public entity may limit the
payment made under this subsection to the amount of the replacement housing
payment for which the homeowner would otherwise be eligible.
(2) The payment shall not exceed twenty -two thousand five hundred dollars
($22,500).
(g) Provisional Payment Pending Condemnation. If the exact amount of a
replacement housing payment cannot be determined because of a pending condemnation
suit, the public entity concerned may make a provisional replacement housing payment
to the displaced homeowner equal to the difference between the public entity'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 will be
refunded by the homeowner to the public entity. 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 will be paid to the homeowner.
(h) Lease of Condominium. For the purposes of this section, the leasing of a
condominium for a 99 -year period, or for a term which exceeds the life expectancy of
the displaced person 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.
(i) In implementing this chapter it is the intent of the Town of Los Gatos to give
special consideration to the financing and location of a comparable replacement
dwelling for displaced persons 62 years of age or older.
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6104. Replacement Housing Payments for Tenants and Certain Others.
(a) General. A public entity shall make to a displaced person who satisfies the
eligibility requirements of section 6084 and the conditions of subsection (b) below, a
payment not to exceed five thousand two hundred fifty dollars ($5,250) for either:
(1) An amount, computed in accordance with paragraph (d)(1) of this
section, necessary to enable such person to lease or rent a replacement dwelling for
a period not to exceed 4 years; or
(2) An amount, computed in accordance with paragraph (d)(2) of this
section, necessary to enable such person to make a down payment on the purchase
of a replacement dwelling (including incidental expenses described in section 6102).
If such amount exceeds five thousand two hundred fifty dollars ($5,250), the
displaced person shall equally match any such amount in excess of five thousand two
hundred fifty dollars ($5,250) in making the down payment.
(b) Eligibility Conditions. A displaced person is eligible for the payments
specified in subsection (a) if he or she satisfies the following conditions:
(1) Has occupied the dwelling from which he or she is displaced for a
period of not less than 90 days prior to the initiation of negotiations for acquisition
of such dwelling.
(2) Is not eligible to receive a replacement housing payment for
homeowners under section 6102 or elects not to receive such payment. Where the
displaced person is the owner- occupant of the dwelling, the payment made under
paragraph 6104(a)(2) shall not exceed the amount of payment to which the person
would be eligible under section 6102.
(3) Whenever a payment under subsection (a)(2) is sought the displaced
person shall within one year from the date of displacement purchase and occupy a
replacement dwelling.
(c) The provisions in subsection 6102(b) for modifying the conditions of eligibility
also apply to this section.
(d) Computation of Payment.
(1) Rentals. The amount of payment necessary to lease or rent a
comparable replacement dwelling, under subsection (a)(1), shall be computed by
subtracting 48 times the base monthly rental of the displaced person (as determined
in accordance with this subsection), from 48 times the monthly rental for a
comparable replacement dwelling (as determined in accordance with this
subsection): Provided, that in no case may such amount exceed the difference
between 48 times the base monthly rental as determined in accordance with this
32
subsection and 48 times the monthly rental actually required for the replacement
dwelling occupied by the displaced person.
(A) Base Monthly Rental. The base monthly rental shall be the lesser
of the average monthly rental paid by the displaced person for the 3 -month
period prior to initiation of negotiations and twenty -five percent (25 %) of the
displaced person's average monthly income. Where the displaced person was
the owner of the dwelling from which he or she was displaced or was not
required to pay rent for that dwelling, the economic rent shall be used in lieu
of the average monthly rental to calculate base monthly rental.
(B) Comparable Rental. The monthly rental for a comparable
replacement dwelling shall be the amount of rent determined by the public
entity by one of the methods described in paragraph 6102(c)(1), considering
rental charges instead of listing price or acquisition cost.
(C) Whichever method is selected the cost shall be updated to within
three months of the date of rental of the replacement dwelling.
(2) Down Payment. The down payment for which a payment specified
under paragraph (a)(2) of this section may be made, together with any matching
share which may be required, shall not exceed the amount of a reasonable down
payment for the purchase of a comparable replacement dwelling where such
purchase if financed, plus expenses incident to the purchase of a replacement
dwelling computed in accordance with section 6102. The full amount of a down
payment under this section shall be applied to the purchase of the replacement
dwelling and shall be shown on the closing statement or other document acceptable
to the public entity.
(e) Rental Payments for Displaced Owners and Dependents.
(1) Owners. A displaced owner who elects to rent rather than purchase a
replacement dwelling and who meets the eligibility conditions specified in subsection
(b) is eligible for the payment specified in paragraph (a)(1).
(2) 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 this section, but such payment shall
be limited to the period during which the displaced dependent resides in the
replacement dwelling. At the time the displaced dependent vacates that dwelling, no
further payment under this section shall be made to such person. For the purposes
of this paragraph a 'dependent' shall be a person who derives fifty -one percent or
more of his or her income in the form of gifts from any private person or any
academic scholarship or stipend. Full -time students shall be presumed to be
dependents but may rebut this presumption by demonstrating that fifty percent or
more of their income is derived from sources other than gifts from another private
person or academic scholarships or stipends.
33
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) Disbursement. Except where specifically provided otherwise, the public entity
shall disburse payments up to the maximum under this section in a lump sum, provided
that the public entity may also disburse payment under this section, monthly or at other
intervals if acceptable to the displaced person.
6106. Proration of Payments.
For the purpose of calculating an alternate payment under section 6098 or a
replacement housing payment under section 6102 or 6104, 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 person.
Where a tenant is sharing a single - family dwelling with an owner- occupant and
paying the owner- occupant rent for the privilege, the tenant shall not be entitled to
more than one -half of the rental supplement otherwise payable. The owner occupant
shall not be required to share the payment to which he or she is entitled or accept a
prorated amount.
6108. Condition of Replacement Dwelling.
(a) When a displaced person qualifies for a replacement housing payment (under
Sections 6102 or 6104) by purchasing or renting a replacement dwelling, the unit, as a
general rule, must be decent, safe and sanitary. There are three exceptions. One is
described in paragraph 6040(a)(6). The others are:
(1) If the purchase of such a dwelling is the result of the public entity's failure
to identify a reasonable number of comparable replacement dwellings as required or
if the dwelling is one to which the person was referred by the public entity, the
condition of the dwelling does not affect eligibility for a replacement housing
payment.
(2) If the purchase of such a dwelling is not the result of a public entity's
referral or failure to refer, the otherwise eligible person qualifies for a replacement
housing payment if the unit is brought into compliance with the decent, safe and
sanitary standard. In this situation payment shall be limited to the amount that
would be provided in connection with the purchase of a similar, comparable
replacement dwelling or the sum of the actual costs of acquisition (including related
expenses) and rehabilitation whichever is less.
(b) A public entity should not induce or encourage a displaced person to acquire a
dwelling which does not satisfy the comparable replacement housing standard. (See
subsection 6008(d).)
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6110. Certificate of Eligibility
Upon request by a displaced homeowner or tenant who has not yet purchased and
occupied a replacement dwelling, but who is otherwise eligible for a replacement
housing payment, upon reasonable request the public entity concerned shall certify to
any interested party, financial institution, or lending agency, that the displaced
homeowner or tenant will be eligible for the payment of a specific sum if he or she
purchases and occupies a dwelling within the time limits prescribed.
6112. Mobile Homes.
(a) General. A mobile home is a dwelling. (See subsection 6008(q).) A person
displaced from a mobile home must satisfy the same eligibility requirements and must
be provided the same assistance, assurance and payments as a person displaced from a
conventional dwelling.
(b) Moving Expenses. if a mobile home is moved to another site, the displaced
person shall be compensated for moving expenses in accordance with sections 6090 and
6092. The provisions of these sections which generally apply only to businesses and
farms shall also apply to displaced persons who move a mobile home.
(c) Replacement Housing Payments.
(1) A person who owns a mobile home and site and as a replacement
purchases both a dwelling and site shall be provided a replacement housing payment
in accordance with section 6102. A person who owns a mobile home and site, and
as a replacement rents both a dwelling and site, shall be provided a payment in
accordance with section 6104.
(2) A person who rents a mobile home and site, and as a replacement rents
or purchases a dwelling and site, shall be provided a payment in accordance with
section 6104.
(3) A person who owns a mobile home and site, and as a replacement
purchases a dwelling and rents a site, shall be provided a payment in accordance
with sections 6102 and 6104. The payment shall be limited to the lesser of:
(A) The amount necessary to purchase a conventional comparable
replacement dwelling; and
(B) The amount necessary to purchase a replacement mobile home
(in accordance with section 6102) plus the amount necessary to rent a
replacement site (in accordance with section 6104). In calculating this amount,
the economic rent for the site shall be used in lieu of average monthly rental
to determine the base monthly rental (as provided in paragraph 6104(d)(1)).
35
(4) A person who owns a site from which he or she moves a mobile home
shall be provided a replacement housing payment under section 6102 if he or she
purchases a replacement site and under section 6104 if he or she rents a
replacement site.
(5) A person who owns a mobile home which is acquired and rents the site
shall be provided payment as follows:
(A) If a mobile home is not available the amount required to
purchase a conventional replacement dwelling (in accordance with section
6102);
(B) The amount necessary to purchase a replacement mobile home
(in accordance with section 6102) plus the amount necessary to lease, rent or
make a downpayment on a replacement site (in accordance with section 6104);
or
(C) If he or she elects to rent a replacement mobile home and site,
the amount required to do so in accordance with section 6104. In calculating
this payment, the average monthly rental shall equal the economic rent for the
mobile home plus the actual rent for the site.
(6) Similar principles shall be applied to other possible combinations of
ownership and tenancy upon which a claim for payment might be based.
6114. Affected Property.
(a) In addition to the payments required by California Government Code Section
7262 of the Act (see sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of
acquisition, the public entity shall make a payment to any affected property owner
meeting the requirements of this section.
(b) Such affected property is immediately contiguous to property acquired for
airport purposes and the owner shall have owned the property affected by acquisition by
the public entity not less than 180 days prior to the initiation of negotiation for
acquisition of the acquired property.
(c) Such payment, not to exceed twenty -five thousand five hundred dollars
($22,500) shall be the amount, if any, which equals the actual decline in the fair market
value of the property of the affected property owner caused by the acquisition by the
public entity for airport purposes of other real property and a change in the use of such
property.
(d) The amount, if any, of actual decline in fair market value of affected property
shall be determined according to rules and regulations adopted by the public entity.
Such rules and regulations shall limit payment under this section only to such
36
circumstances in which the decline in fair market value of affected property is
reasonably related to objective physical change in the use of acquired property.
(e) "Affected property" means any real property which actually declines in fair
market value because of acquisition by a public entity for public use of other real
property and a change in the use of the real property acquired by the public entity.
Article 4: Last Resort Housing.
6120. Purpose.
The purpose of this part is to set forth the criteria and procedures for last resort
housing.
61_22. Determination of Need for Last Resort Housing.
If on the basis of data derived from the surveys and analyses which satisfy the
requirements of sections 6048 and 6052, the public entity is unable to demonstrate that
comparable replacement housing will be available as required, the public entity shall
determine whether to use the public entity's funds or the funds authorized for the
project to provide such necessary replacement housing or to modify, suspend or
terminate the project or undertaking.
6124. Development of Replacement Housing Plan.
(a) General.
(1) Following the determination pursuant to section 6122, the head of the
displacing public entity shall develop or cause to be developed a replacement
housing plan to produce a sufficient number of comparable replacement dwellings.
The plan shall specify how, when and where the housing will be provided, how it will
be financed and the amount of funds to be diverted to such housing, the prices at
which it will be rented or sold to the families and individuals to be displaced, the
arrangements for housing management and social services as appropriate, the
suitability of the location and environmental impact of the proposed housing, the
arrangements for maintaining rent levels appropriate for the persons to be rehoused,
and the disposition of proceeds from rental, sale, or resale of such housing. If a
referendum requirement or zoning presents an obstacle, the issue shall be addressed.
(2) All contracts and subcontracts for the construction, rehabilitation or
management of last resort housing shall be let without discrimination as to race, sex,
marital status, color, religion, national origin, ancestry or other arbitrary
circumstance and pursuant to an affirmative action program. The public entity 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 public entity shall
seek to secure significant participation of minorities in these activities. The public
37
entity 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.
(b) Consultation with Other Housing Agencies and Organization. The head of the
displacing public entity 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 advice in the
development of the replacement housing plan.
6128. Determination by Displacing Public Entity of Feasibility and Compliance.
The displacing public entity shall determine whether or not:
(a) The plan is feasible.
(b) The plan complies with applicable environmental standards and procedures.
(c) The plan is compatible with the local general plan and housing element and the
area -wide housing plan or strategy. If any of the above determinations by the displacing
public entity is negative, the displacing public entity shall revise the plan as necessary.
6130. Implementation of the Replacement Housing Plan.
Upon making the determinations required by section 6128, the head of the
displacing entity may expend funds and take such other actions as necessary to provide,
rehabilitate, or construct replacement housing pursuant to the approved replacement
housing plan through methods including but not limited to the following:
(a) Transfer of funds to state and local housing agencies.
(b) Contract with organizations experienced in the development of housing.
(c) Direct construction by displacing public entity. Whenever practicable, the
head of the displacing public entity should utilize the services of federal, state, or local
housing agencies, or other agencies having experience in the administration or conduct
of similar housing programs.
6132. Housing Production.
The head of the displacing public entity shall monitor the production of the last
resort housing to ensure that it is in accordance with the plan.
9
6134. Jointly Sponsored Development.
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 replacement housing in sufficient
quantity to satisfy the aggregate needs of such programs.
6136. Last Resort Housing in Lieu of Payments.
A public entity shall not require a displaced person to accept a dwelling provided
pursuant to this Article in lieu of the displaced person's acquisition payment, if any, for
the real property from which he or she is displaced or the relocation payments for which
he or she may be eligible.
6138. Conformity with the Act and Other Statutes. Policies and Procedures.
(a) Civil Rights and other Acts. The administration of this Article shall be
in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51, et
seq.), the California Fair Employment and Housing Act (Government Code Sections
12900 et seq.), Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982), Title VI of
the Civil Rights Act of 1964, (42 U.S.C. Section 2000(d)) Title VIII of the Civil Rights
Act of 1968, the Environmental Quality Act of 1970 (Public Resources Code, Section
21100, et seq.) and regulations issued pursuant thereof.
(b) Dwelling and Relocation Standards. Determinations made pursuant to section
6122 and any plan developed and implemented for providing replacement housing and
all such housing provided thereunder shall be in conformity with the standards
established in the Act and Guidelines.
Article S.Grievance Procedures
6150. Purpose.
The purpose of this article is to set forth guidelines for processing appeals from
public entity determinations as to eligibility, the amount of payment, and for processing
appeals from persons aggrieved by a public entity's failure to refer them to comparable
permanent or adequate temporary replacement housing. Public entities shall establish
procedures to implement the provisions of this Article.
6152. Right of Review.
(a) Any complainant, that is any person who believes himself aggrieved by a
determination as to eligibility, the amount of payment, the failure of the public entity to
provide comparable permanent or adequate temporary replacement housing or the
public entity's property management practices may, at his or her election, have his or
her claim reviewed and reconsidered by the head of the public entity or an authorized
designee (other than the person who made the determination in question) in accordance
39
with the procedures set forth in this article, as supplemented by the procedures the
public entity shall establish for such review and reconsideration.
(b) A person or organization directly affected by the relocation plan may petition
the department to review the final relocation plan of a public entity to determine if the
plan is in compliance with state laws and guidelines or review the implementation of a
relocation plan to determine if the public entity is acting in compliance with its
relocation plan. Review undertaken by the department under this section may be
informal or may follow the procedures outlined in Government Code, Sections 11180 et
seq. Before conducting an investigation under the Government Code sections, the
department should attempt to constrain disputes between parties.
Failure to petition the department shall not limit a complainant's right to seek
judicial review.
(c) If a relocation appeals board has been established pursuant to Section 33417.5
of the Health and Safety Code, a city by ordinance may designate the board to hear
appeals from local public entities which do not have an appeal process. In the absence
of such an ordinance, public entities shall establish procedures to implement the
provisions of this Article.
6154. Notification to Complainant.
If the public entity denies or refuses to consider a claim, the public entity's
notification to the complainant of its determination shall inform the complainant of its
reasons and the applicable procedures for obtaining review of the decision. If necessary,
such notification shall be printed in a language other than English in accordance with
Section 6046.
6156. Stages of Review by a Public Entity.
(a) Request for further written information. A complainant may request the
public entity to provide him or her with a full written explanation of its determination
and the basis therefore, if he or she feels that the explanation accompanying the
payment of the claim or notice of the entity's determination was incorrect or inadequate.
The public entity shall provide such an explanation to the complainant within three
weeks of its receipt of his or her request.
(b) Informal oral presentation. A complainant may request an informal oral
presentation before seeking formal review and reconsideration. A request for an
informal oral presentation shall be filed within the period described in subsection (d) of
this section, and within 15 days of the request the public entity shall afford the
complainant the opportunity to make such presentation. The complainant may be
represented by an attorney or other person of his or her choosing. This oral presentation
shall enable the complainant to discuss the claim with the head of the public entity or a
designee (other than the person who made the initial determination) having authority to
revise the initial determination on the claim. The public entity shall make a summary of
!b7
the matters discussed in the oral presentation to be included as part of its file. The
right to formal review and reconsideration shall not be conditioned upon requesting an
oral presentation.
(c) Written request for review and reconsideration. At any time within the period
described in subsection (d) a complainant may file a written request for formal review
and reconsideration. 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's request should be granted.
(d) Time limit for requesting review. A complainant desiring either an informal
oral presentation or seeking a formal review and reconsideration shall make a request to
the public entity within eighteen months following the date he or she moves from the
property or the date he or she receives final compensation for the property, whichever is
later.
6158. Formal Review and Reconsideration by the Public Entity.
(a) General. The public entity shall consider the request for review and shall
decide whether a modification of its initial determination is necessary. This review shall
be conducted by the head of the public entity or an authorized, impartial designee.
(The designee may be a committee). A designee shall have the authority to revise the
initial determination or the determination of a previous oral presentation. The public
entity shall consider every aggrieved person's complaint regardless of form, and shall, if
necessary provide assistance to the claimant in preparing the written claim. When a
claimant seeks review, the public entity shall inform him or her that he or she has the
right to be represented by an attorney, to present his or her case by oral or documentary
evidence, to submit rebuttal evidence, to conduct such cross - examination as may be
required for a full and true disclosure of facts, and to seek judicial review once he or
she has exhausted administrative appeal.
(b) Scope of review. The public entity shall review and reconsider its initial
determination of the claimant's case in light of:
(1) All material upon which the public agency based its original
determination including all applicable rules and regulations, except that no evidence
shall be relied upon where a claimant has been improperly denied an opportunity to
controvert the evidence or cross - examine the witness.
(2) The reasons given by the claimant for requesting review and
reconsideration of the claim.
(3) Any additional written or relevant documentary material submitted by
the claimant.
41
(4) Any further information which the public entity in its discretion, obtains
by request, investigation, or research, to ensure fair and full review of the claim.
(c) Determination on review by public entity.
(1) The determination on review by the public entity shall include, but is
not limited to:
(A) The public entity'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 claimant of the right to further administrative
appeal, if the public entity has such an appeal structure, or if not, a statement
to the claimant that administrative remedies have been exhausted and judicial
review may be sought.
(2) The determination shall be in writing with a copy provided to the
claimant.
(d) Time limits.
(1) The public entity shall issue its determination of review as soon as
possible but no later than 6 weeks from receipt of the last material submitted for
consideration by the claimant or the date of the hearing, whichever is later.
(2) In the case of complaints dismissed for untimeliness or for any other
reason not based on the merits of the claim, the public entity shall furnish a written
statement to the claimant stating the reason for the dismissal of the claim as soon as
possible but no later than 2 weeks from receipt of the last material submitted by the
claimant or the date of the hearing, whichever is later.
6160. Refusals to Waive Time Limitation.
Whenever a public entity rejects a request by a claimant for a waiver of the time
limits provided in Section 6088, a claimant may file a written request for review of this
decision in accordance with the procedures set forth in Sections 6156 and 6158, except
that such written request for review shall be filed within 90 days of the claimant's receipt
of the public entity's determination.
6162. Extension of Time Limits.
The time limits specified in Section 6156 may be extended for good cause by the
public entity.
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61164. Recommendations by Third Partv.
Upon agreement between the claimant and the public entity, a mutually acceptable
third party or parties may review the claim and make advisory recommendations thereon
to the head of the public entity for its final determination. In reviewing the claim and
making recommendations to the public entity, the third party or parties shall be guided
by the provisions of this Article.
6166. Review of Files by Claimant.
Except to the extent the confidentiality of material is protected by law or its
disclosure is prohibited by law, a public entity shall permit the claimant to inspect all
files and records bearing upon his or her claim or the prosecution of the claimant's
grievance. 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.
6168. Effect of Determination on Other Persons.
The principles established in all determinations by a public entity 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
determination shall be kept on file and available for public review.
6170. Right to Counsel.
Any aggrieved party has a right to representation by legal or other counsel at his or
her expense at any and all states of the proceedings set forth in these sections.
6172. Stay of Displacement Pending Review.
If a complainant seeks to prevent displacement, the public entity shall not require
the complainant to move until at least 20 days after it has made a determination and the
complainant has had an opportunity to seek judicial review. In all cases the public
entity shall notify the complainant in writing 20 days prior to the proposed new date of
displacement.
6174. Joint Complainants.
Where more than one person is aggrieved by the failure of the public entity 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 by the public entity for each of the complainants.
6176. Judicial Review.
Nothing in this Article shall in any way preclude or limit a claimant from seeking
judicial review of a claim upon exhaustion of such administrative remedies as are
available under this Article.
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ATTACHMENT A
Guideline for Contents of Informational Statement(s)
Item To Be Included
1. General description of the nature and types
of activities that will be undertaken, in-
cluding an identification of areas which may
involve displacement. A diagrammatic sketch
of the project area should be attached.
2. Statement that public action may result in
displacement, but that no one lawfully occupy-
ing property will be required to surrender
possession without at least 90 days written
notice from the public entity and no one will
be required to move until 90 days after the
provision of information.
3. Assurance that families and individuals will
not be required to move before reasonable offers
of decent, safe, sanitary and otherwise compar-
able housing within their financial means have
been made, except for the causes set forth in
the local agency's eviction policy.
4. General description of types of relocation pay-
ments available, including general eligibility
criteria and a caution against premature moves
that might result in loss of eligibility for a
payment.
Identification of the agency's relocation program
and a description of the relocation services and
aids that will be available.
6. Encouragement to visit the Town's Relocation
Office and cooperate with the staff. The address,
telephone number, and hours of the Relocation
Office should be specified.
For Distribution To
Business
Displaced Concerns
Persons and Others
X X
X X
M
X X
X X
X X
Item To Be Included
7. Information on replacement housing, including:
a. Brief description of what constitutes
comparable replacement housing, including
physical standards.
b. Laymen's description of Federal fair housing
law (Title VIII of Civil Rights Act of 1968),
and applicable State and local fair housing
laws, as well as rights under Title IV of the
Civil Rights Act of 1964.
C. Statement that the public entity (or its
agent) will identify comparable replacement
dwellings within the financial means of and
otherwise available to displaced persons
and will provide assistance to persons in
obtaining housing of their choice, including
assistance to persons in obtaining housing of
their choice, including assistance in the
referral of complaints of discrimination to
the appropriate Federal, State or local fair
housing enforcement agency.
d. Statement that persons may seek their own
housing accommodations and urging them, if
they do so, to notify the relocation office
prior to making a commitment to purchase or
occupy the property.
8. Statement that the public entity will provide maxi-
mum assistance in locating relocation accommodations,
including consultation with the Small Business Admin-
istration and other governmental agencies which might
be of assistance.
9. Statement describing requirement for prior notifica-
tion to the agency of the business concern's inten-
tion to move.
10. Summary of the local agency's eviction policy.
11. Statement describing the agency's grievance proce-
dure, its purpose, and how it may be used.
2
For Distribution To
Business
Displaced Concerns
Persons and Others
0
X
EN
0
F
09
X X
X X