CIC Resolution 83-5ALAMEDA COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO 83-5
ADOPTING STATE RELOCATION GUIDELINES FOR
COMMISSION IMPLEMENTATION OF CALIFORNIA RELOCATION
ASSISTANCE ACT
WHEREAS, pursuant to the Relocation Assistance Act of the
State of California (Government Code Section 7260 et seq.), the
Commission is required to adopt guidelines for implementing the
Relocation Assistance Act, and such guidelines are required to
conform to guidelines issued by the State of California, Depart-
ment of Housing and Community Development; and
WHEREAS, the Department of Housing and Community Develop-
ment has issued guidelines and procedures implementing the
Relocation Assistance Act (25 California Administrative Code,
Section 6000 et seq.), and a copy of those guidelines and
procedures is attached hereto as Exhibit A and by this reference
incorporated herein; and
WHEREAS, the purpose of the guidelines is to establish a
statewide relocation policy, the guidelines closely parallel and
are consistent with those guidelines adopted by the Federal
Office of Management and Budget; and
WHEREAS, all local jurisdictions are required to adopt the
State guidelines; and
WHEREAS, in order for the Commission's relocation policy
to be consistent with the relocation guidelines of the Department
of Housing and Community Develoment, it is necessary for the
Commission to adopt relocation guidelines.
NOW, THEREFORE, BE IT RESOLVED that the guidelines for
issuance of regulations and procedures implementing the Reloca-
tion Assistance Act of the State of California, as amended, are
hereby adopted by this Commission.
CALIFORNIA RELOCATION ASSISTANCE AND
REAL PROPERTY ACQUISITION GUIDELINES
CALIFORNIA ADMINISTRATIVE CODE, TITLE 25, CHAPTER 6
I N D E X
Article 1. General
Sections
11/76
Page
2
6000. Order of Adoption 2
6002. Statement of Purpose and Policy 2
6004. Applicability and Supersedure 2
6006. Regulations 3
6008. Definitions 3
6010. Prior Determinations 6
6012. Citizen Participation 7
6014. Prerequisite to Displacement 8
6016. Remedies 8
6018. Priority of Federal Law 8
6020. Severability 8
Article 2. Relocation Assistance Advisory Program and Assurance
of Comparable Replacement Housing 8
Sections
6030. Purpose 8
6032. Relocation Assistance Advisory Program 9
6034. Eligibility 9
6036. Rehabilitation, Demolition, Code Enforcement 10
6038. Relocation Plan 10
6040. Minimum Requirements of Relocation Assistance Advisory Program 11
6042. Replacement Housing Prior to Displacement; Notices to Displaced
Persons 12
6044.. Temporary Move 13
6046. Informational Program 13
6048. Survey and Analysis of Relocation Needs 14
6050. Failure to Conduct Timely and Effective Survey 15
6052. Survey and Analysis of Available Relocation Resources 16
6054. Last Resort Housing 17
6056. Termination of Relocation Assistance 18
6058. Eviction 18
6060. Evaluation of Relocation 18
EXHIBIT "A"
Article 3. Relocation Payments
Sections
6080. Purpose
6082. Relocation Payments by Public Entity
6084. Basic Eligibility Conditions
6086. Notice of Intent to Displace
6088. Filing of Claims; Submission of Tax Returns
6090. Actual Reasonable Moving Expenses
6092. Actual Direct Losses of Tangible Personal Property
6094. Actual Reasonable Expenses in Searching for a Replacement
Business or Farm
6096. Moving Expenses -- Outdoor Advertising Businesses
6098. Alternate Payments -- Individuals and Families
6100. Alternate Payments -- Businesses and Farm Operations
6102. Replacement Housing Payments for Homeowners
6104. Replacement Housing Payments for Tenants and Certain Others
6106. Proration of Payments
6108. Condition of Replacement Dwelling
6110. Certificate of Eligibility
6112. Mobile Homes
6114. Affected Property
Article 4. Last Resort Housing
Sections
6120. Purpose
6122. Determination of Need for Last Resort Housing
6124. Development of Replacement Housing Plan
6126. Submission of Plan for Comment
6128. Determination by Displacing Public Entity of Feasibility
and Compliance
6130. Implementation of the Replacement Housing Plan
6132. Housing Production
6134. Jointly Sponsored Development
6136. Last Resort Housing in Lieu of Payments
6138. Conformity with the Act and Other Statutes, Policies and
Article 5. Grievance Procedures
Sections
6150. Purpose
6152. Right of Review
6154. Notification to Complainant
6156. Stages of Review by a Public Entity
6158. Formal Review and Reconsideration by the Public Entity
6160. Refusals to Waive Time Limitation
Page
20
20
20
20
20
20
20
23
23
23
24
24
26
29
31
31
32
32
33
33
33
34
34
35
35
35
36
36
36
Procedures
36
36
36
37
37
38
39
36
6162. Extension of Time Limits
6164. Recommendations by Third Party
6166. Review of Files by Claimant
6168. Effect of Determination on Other Persons
6170. Right to Counsel
6172. Stay of Displacement Pending Review
6174. Joint Complainants
6176. Judicial Review
Page
39
39
39
39
39
39
40
40
Article 6. Acquisition Policies 40
Sections
6180. Purpose 40
6182. Acquisition 40
6184. Notice of Decision to Appraise 43
6186. Time of Offer 43
6188. Notice of Land Acquisition Procedures 43
6190. Notice of Public Entity's Decision Not to Acquire 44
6192. Incidental Expenses 44
r��
6194. Short Term Rental 44
6195. Public Information 44
6196. Service of Notice 44
6198. Nonpossessory Interest Exception 44
STD,. 40CA 11.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(b) These Guidelines supersede those adopted by the Commission of Housing
and Community Development on October 17, 1973. The guidelines so superseded
shall not apply to any displacement or acquisition occurring on or after the
effective date of these Guidelines. Any such displacement or acquisition shall
be governed solely by these Guidelines.
The provisions of these Guidelines, however, shall not be construed retroactively
to apply to action(s) undertaken by a public entity prior to their effective date
where the purpose of the action was to fulfill obligations imposed by the Act
and the action is in compliance with the requirements of the Act and the existing
Guidelines. For the purpose of this section the term "action" shall include
but is not limited to: the provision of information, notice, other assistance,
comparable replacement housing, payments and other benefits; the preparation of
relocation and last resort housing plans, including the survey and analysis of
needs and resources; the processing of grievances; and the various steps taken
in connection with the acquisition of property for public use.
6006. Regulations. (a) Each public entity before undertaking or partici-
pating in activity which will result in the displacement of persons shall adopt
rules and regulations that implement the requirements of the Act, are in accor-
dance with the provisions of the Guidelines, and prescribe additional procedures
and requirements that are appropriate to the particular activities of the
public entity and not inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this section shall be promptly
revised as necessary, to conform to any amendment of the Act or Guidelines.
6008. Definitions. The following terms shall mean:
(a) Acquisition. Obtaining ownership or possession of property by lawful
• means.
ill) Business. Any lawful activity, except a farm operation, conducted
; primarily:
(1) For the purchase, sale, lease, or rental of personal and real
property, and for the manufacture, processing, or marketing of products,
O commodities, or any other personal property;
O (2) For the sale of services to the public;
(3) 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, process-
ing, 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.
(c) Comparable Replacement Dwelling. A dwelling which satisfies each of
the following standards:
(1) Decent, safe and sanitary (as defined in subsection 6008(d)),
and comparable to the acquired dwelling with respect to number of rooms,
habitable living space and type and quality of construction, but not lesser
in rooms or living space than necessary to accommodate the displaced person.
(2) In an area not subjected to unreasonable adverse environmental
conditions from either natural or manmade sources, and not generally less
desirable than the acquired dwelling with respect to public utilities,
public and commercial facilities and neighborhood conditions, including
schools and municipal services, and reasonably accessible to the displaced
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11218.190 1.78 2(M A
STD.. 400A (e -71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
Chapter 6. Relocation Assistance and
Real Property Acquisition Guidelines
Article 1. General.
(hereinafter referred to as the '°Guid
6000. Order of Adoption. This subchapter /is adopted pursuant to the lines
provisions of Section 41135, Health and Safety Code, in order to implement,
interpret and to make specific provisions of Division 7., commencing with
Section 7260 of the Government Code (hereinafter referred to as the "Act "),
relating to relocation assistance, last resort housing and real property
acquisition.
• 6002. Statement of Purpose and Policy. (a) The purpose of the Guide-
lines is to assist public entities in the development of regulations and
procedures implementing the Act.
(b) The Guidelines are designed to carry out the following policies of
the Act:
(1) To ensure that uniform, fair and equitable treatment is afforded
persons displaced from their homes, businesses or farms as a result of the
actions of a public entity in order that such persons shall not suffer dis-
proportionate injury as a result of action taken for the benefit of the
public as a whole; and
(2) In the acquisition of real property by a public entity, to
ensure consistent and fair treatment for owners of real property to be
acquired, to encourage and expedite acquisition by agreement with owners
of such property in order to avoid litigation and relieve congestion in
courts, and to promote confidence in public land acquisition.
(c) A public entity shall not participate in or undertake a project that
W will displace individuals from their homes unless comparable replacement dwell -
t ings (see subsection 6008(c)) will be available within a reasonable period of
time prior to displacement.
(d) The Guidelines are intended to establish only minimum requirements
for relocation assistance and payments. They shall not be construed to limit
° any other authority or obligation which a public entity may have to provide
additional assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of displaced
persons, to ensure that such persons receive fair and equitable treatment and
do not suffer disproportionate injuries as the result of programs designed for
the benefit of the public as a whole. The Act, Guidelines and all applicable
regulations on which determinations are based shall be construed to effect this
intent.
6004. Applicability and Supersedure.
(a) (1) Except as otherwise noted in this section, the Guidelines are
applicable to all displacement and acquisition occurring on or after their
effective date, January 1, 1977. A public entity may determine that the
Guidelines shall at an earlier date be applicable to its displacement and
acquisition.
(2) With respect both to redevelopment activities undertaken pursuant
to a plan or amendment adopted prior to January 1, 1976 and to the acqui-
sition of real property located within the California coastal zone (as
defined in Public Resources Code, Section 30103, Stats. 1976, c. 1330) for
use as park lands or open space, the provisions of the Guidelines speci-
fically relating to last resort housing shall not be effective until
January 1, 1978.
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STD, 400A (9.11)
DO NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
person's present or potential place of employment; provided that a potential {
place of employment may not be used to satisfy the accessibility require-
ment if the displaced person objects.
The Act and Guidelines do not require that the replacement dwelling be
generally as desirable as the acquired dwelling with respect to environ-
mental characteristics. Though a displaced person does not have to accept
a dwelling subject to unreasonable adverse environmental conditions,
neither is a public entity required to duplicate environmental character-
istics, such as scenic vistas or proximity to the ocean, lakes, rivers,
forests or other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be
made to relocate such person within or near to his existing neighborhood
Whenever practicable the replacement dwelling shall be reasonably close
to relative, friends, services or organizations with whom there is an
existing dependency relationship.
(3) Available on the private market to the displaced person and
available to all persons regardless of race, color, sex, marital status,
religion, or national origin in a manner consistent with Title VIII of
the Civil Rights. Act of 1968.
(4) To the extent practicable and where consistent with paragraph
(c)(1) of this section, functionally equivalent and substantially the same
as the acquired dwelling, but not excluding newly constructed housing.
(5) Within the Financial Means of the Displaced Person. A replace- .
ment dwelling is within the financial means of a displaced person if the
monthly housing cost (including payments for mortgage, insurance and
property taxes) or rental cost (including utilities and other reasonable
recurring expenses) minus any replacement housing payment available to
the person (as provided in sections 6102 and 6104) does not exceed twenty -
five percent (25 %) of the person's average monthly income (as defined in
subsection 6008(1)). A replacement dwelling is within the financial means
of a displaced person also if the purchase price of the dwelling including
related increased interest costs and other reasonable expenses (as described
in section 6102) does not exceed the total of the amount of just compensa-
tion provided for the dwelling acquired and the replacement housing payment
available to the person (as provided in section 6102).
If a dwelling which satisfies these standards is not available the public
entity may consider a dwelling which exceeds them.
(.) Decent, Safe and Sanitary.
(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:
(A) Each housekeeping unit shall include a kitchen with a fully
usable sink, a stove or connection for a stove, a separate and com-
plete 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 Iocal 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.
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CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(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.
e Department. Department of Housing and Community Development.
f Displaced Person. Any person who moves from real property, or who
moves his personal property from real property, either as a result of the acqui-
sition of such real property, in whole or in part, by a public entity or by any
person having an agreement with or acting on behalf of a public entity, or as
the result of a written order from a public entity to vacate the real property,
for public use.
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.
(a) Dwelling. 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).
() Economic Rent. The amount of rent a tenant or homeowner would have
Z to pay for a dwelling similar to the acquired dwelling in a comparable area.
(i) Elderly Household. A household in which the head of household or
R • spouse is 62 years or older.
(j) Family. Two or more individuals who by blood, marriage, adoption,
2 or mutual consent live together as a family unit.
2 (k) Farm Operation. Any activity conducted solely or prirnarily for the
production of one or more agricultural products or commodities, including timber,
for sale or home use, and customarily producing such products or commodities in
sufficient quantity to be_capable of contributing materially to the operator's
support.
(1) Gross Income. Gross income means the total annual income of an
individual, or where a family is displaced total annual income of the parents
or adult heads of household, less the following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of 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 of total income, where not compensated for or covered by in-
surance 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.
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31910.750 3 -75 38W
STD. 400A (e.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(m) Handicapped Household. A household in which any member is handi-
capped or disabled.
(n) Initiation of Negotiations. The initial written offer made by the
acquiring entity to the owner of real property to be purchased, or the owner's
representative.
(o) Mobile Home. 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 plumbing, heating, air-conditioning, and electrical systems
contained therein. A self - propelled vehicle is not a mobile home.
(a) Mortgage. Such classes of liens as are commonly given to secure
advances on, or the unpaid purchase price of, real property, together with the
credit instruments, if any, secured thereby.
(g) Ownership. 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 acqui-
sition 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 mobilehome.
(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 preced-
• ing owner.
Z (r) Person. Any individual, family, partnership, corporation, or asso-
m - ci ati on.
(s) Public Entity. Includes the state, the Regents of the University
of California, a county, city, city and county, district, public authority,
0 • public agency, and any other political subdivision or public corporation in
a the state when acquiring real property, or any interest therein, or ordering
• that acquired property be vacated, in any city or county for public use.
(t) Public Use. A use for which property may be acquired by eminent
domain.
(u) Tenant. 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 may
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.
(3) Eligible persons will be adequately informed of the assistance,
benefits, policies, practices and procedures, including grievance proce-
dures, provided for in these Guidelines.
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31919.790 3-75 2814 Q
•STD, 4OCA (e ..7t)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(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 replace-
ment 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.
(6) A relocation plan meeting the requirements of section 6038
has been prepared.
(b) Acquisition. No public entity may proceed with any phase of a
project or any other activity which will result in the acquisition of real
property until it determines that with respect to such acquisition and to
the greatest extent practicable,
(1) Adequate provisions have been made to be guided by the pro-
visions of Article 6 of the Guidelines, and
(2) Eligible persons will be informed of the pertinent benefits,
policies and requirements of the Guidelines.
6012. Citizen Participation. (a) All persons who will be displaced,
neighborhood groups and any relocation committee shall be given an opportunity
and should be encouraged fully and meaningfully to participate in reviewing the
W relocation plan and monitoring the relocation assistance program.
(b) When a substantial number of persons will be displaced from their
dwellings the public entity shall encourage the residents and community organ-
= izations in the displacement area to form a relocation committee. The cm-
,- • mittee shall include, when applicable, residential owner occupants, resi-
• dential tenants, business people, and members of existing organizations within
• the area. In lieu of initiating a new process of citizen participation, public
• entities which have conducted or are conducting a citizen participation process
z as part of an existing development program may substitute such process if it
$ satisfies the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings,
the public entity shall at least consult with and obtain the advice of resi-
dents and community organizations and make the relocation plan available to
such persons and organizations prior to submitting it to the legislative body
for approval. (See section 6038.)
(c) At a minimum the displacing entity shall guarantee the following:
°. (1) Timely and full access to all documents relevant to the reloca-
tion program. A public entity may reasonably restrict access to material
where its confidentiality is protected by law or its disclosure is pro-
hibited 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 effect the right of
the person to which the information relates (or any other person author-
ized in writing by such person) to inspect such documents.
(2) The provision of technical assistance necessary to interpret
elements of the relocation plan and other pertinent materials.
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STD. 4OOA (6.71 )
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(3) The right to submit written or oral comments and objections,
including the right to submit written comments on the relocation plan
and to have these comments attached to the plan when it is forwarded to
the local legislative body or the head of the state agency for approval.
(4) Prompt, written response to any written objections or criticisms.
6014. Prerequisite to Displacement. No person shall be displaced until
the pubic entity has fulfilled the obligations imposed by the Act and Guide-
lines.
6016. Remedies. (a) If the public entity has not fulfilled or is not
substantially fulfilling its relocation responsibilities, it shall cease dis-
placement until such time as its responsibilities are fulfilled. When appropri-
ate project implementation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and benefits,
after the public entity was required to offer assistance or benefits, shall be
provided such assistance and payments and, when appropriate, compensation
for additional costs incurred. The displacing entity shall make every effort
to identify and locate such persons.
(c) A public entity may pay a complainant's attorney's fees and costs
and is encouraged to consider doing so when a complainant institutes a suc-
cessful administrative appeal or judicial action.
(d) The enumeration of remedies in this section is not intended to
discourage or preclude the use of other remedies consistent with the intent
of the Act and Guidelines. Rather a public entity is encouraged to consider
and adopt other remedies.
6018. Priority of Federal Law. If a public entity undertakes a project
Z with federal financial assistance and consequently must provide relocation
W assistance and benefits as required by federal law, the provisions of the Act
and Guidelines shall not apply; but if an obligation to provide relocation
assistance and benefits is not imposed by federal law the provisions of the
z Act and Guidelines shall apply.
0
6020. Severability. If any provision of the Guidelines or the applica-
tion thereof is held invalid, such invalidity shall not affect other provisions
or applications of the Guidelines which can be given effect without the in-
valid provision or application, and to this end the provisions of the Guide-
lines are severable.
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 dwelling without adequate notice and unless comparable replacement housing
is available.
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STD, 406A (r 7r)
DO NOT WRITE IN THIS SPACE
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WITH THE SECRETARY OF STATE
(Pursuant to Government Coda Section 11380.1)
6032. Relocation Assistance Advisory 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, Title VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act
and the Rumford Act. Such program shall be administered so as to provide
advisory services which offer maximum assistance to minimize the hardship of
displacement and to ensure that (a) all persons displaced from their dwellings
are relocated into housing meeting the criteria for comparable 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 and benefits shall be
available to:
(1) Any person who occupies property from which he will be displaced.
(2) Any person who will move from real property or will move his
personal property from real property, because he will be displaced from
other real property on which he conducts a business or farm operation.
(3) Any person who moves from real property as a result of 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 acquisiton 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) (1) Post - acquisition tenants, 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- acquisi-
tion 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 provi-
sions 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 and benefits. In such
hardship situations a public entity is encouraged to provide assistance
and payment for moving expenses.
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319111-700 3-78 361
STO. 400A (0.711
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(3) Where a public entity, on property it owns, is making housing
available on a permanent basis (i.e., not pending development), a post -
acquisition tenant who moves as the result of a written order from the
public entity to vacate is eligible for relocation assistance and benefits
if the order to vacate is related to a plan to demolish or rehabilitate
such units. Sale of such units to a private person establishes eligibility
without need for a written order to vacate.
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 property acquired by a public entity, the public entity shall provide
assistance and benefits.
6038. Relocation Plan. (a) As soon as possible following the initia-
tion of negotiations and prior to proceeding with any phase of a project or
other activity that will result in displacement a public entity shall prepare
a Relocation Plan and submit it for approval to the local legislative body, or
in the case of a state agency, the head of the agency. When the public entity's
action will only result in an insignificant amount of non - residential displace-
ment, the requirements of this section need not be satisfied.
(b) A Relocation Plan shall 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 (as required by section 6048) and a detailed
explanation as to how these needs are to be met.
(4) A written analysis of relocation housing resources (as required
by section 6052).
(5) A detailed description of the relocation advisory services
Z program, including specific procedures for locating and referring eligible
0 persons to comparable replacement housing.
(6) A description of the relocation payments to be made (pursuant
to Article 3) 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 detailed plan by which any last resort housing (as described
in section 6054 and Article 4) is to be built and financed.
(9) A standard information statement to be sent to all persons to be
displaced (as required by section 6046).
(10) Temporary relocation plans, if any.
(11) A description of relocation office operation procedures.
(12) Plans for citizen participation.
(13) An enumeration of the coordination activities undertaken (pur-
suant to section 6052).
(14) The comments of the relocation committee, if any (pursuant to
section 6012).
(15) A written determination by the public entity that the necessary
resources will be available as required.
-10-
ft9,4790 2_19 2.0 A
STD. 4OpA ce.7t)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(c) A Plan prepared by a local public entity shall be consistent with the
local housing element (prepared pursuant to California Administrative Code,
Title 25, Chapter 1, Subchapter 3.)
(d) In the event of delay of implementation of the relocation program, the
plan shall be updated annually.
(e) (1) Copies of the plan shall be submitted for review to the reloca-
tion committee and the department 30 days prior to submission to the local
legislative body or head of state agency for approval. Copies shall be
available to the public upon request.
(2) General notice of the plan shall be provided. Notice shall be
designed to reach the occupants of the property; it shall be in accordance
with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it
shall be provided 30 days prior to submission to the local legislative
body or head of state agency for approval.
6040. Minimum Requirements of Relocation Assistance Advisory Program. (a)
Each relocation assistance advisory program undertaken pursuant to this Article
shall include, at a minimum, such measures, facilities or services as may be
necessary or appropriate in order to:
(1) Fully inform eligible persons under this Article within 15 days
following the initiation of negotiations for a parcel as to the avail-
ability of relocation benefits and assistance and the eligibility require-
ments therefor, as well as the procedures for obtaining such benefits
and assistance, in accordance with the requirements of section 6046.
(2) Determine the extent of the need of each such eligible person
for relocation assistance in accordance with the requirements of see-
m tion 6048.
(3) Assure eligible persons that within a reasonable period of time
prior to displacement there will be available comparable replacement
housing, meeting the criteria described in section 6008(c), sufficient in
number and kind for and available to such eligible persons.
(4) Provide current and continuing information on the availability,
z prices, and rentals of comparable sales and rental housing, and of com-
$ parable commercial properties and locations, and as to security deposits,
closing costs, typical down payments, interest rates, and terms for resi-
dential property in the area.
(5) Assist each eligible person to complete applications for pay-
ments 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 is referred
by the public entity and the unit does not satisfy the comparable re-
placement 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 occupied following referral, the public entity shall not assert that he
is ineligible to receive relocation assistance and benefits on the basis
of that unit's failure to satisfy the comparable replacement dwelling
standard.
11819.75* 1.71 2614
STD. 400A (5.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11180.1)
(7) Assist each eligible person displaced from his business or farm
operation in obtaining and becoming established in a suitable replacement
location.
(8) Provide any services required to insure that the relocation
process does not result in different or separate treatment on account of
race, color, religion, national origin, sex, marital status or other
arbitrary circumstances.
(9) Supply to such eligible persons information concerning federal
and state housing programs, disaster loan and other programs administered
by the Small Business Administration, and other federal or state programs,
offering assistance to displaced persons.
(10) Provide other advisory assistance to eligible persons in order
to minimize their hardships. It is recommended that, as needed, such
assistance include counseling and referrals with regard to housing,
financing, employment, training, health and welfare, as well as other
assistance.
(11) Inform all persons who are expected to be displaced about the
eviction policies to be pursued in carrying out the project, which
policies shall be in accordance with the provisions of section 5058.
(b) Relocation Office. When a substantial number of persons will be dis-
placed and the relocation staff's office is not easily accessible to those per-
sons, a displacing entity is encouraged to establish at least one appropriately
equipped site office which is accessible to all the area residents who may be
displaced and is staffed with trained or experienced relocation personnel.
W Office hours should be scheduled to accommodate persons unable to visit the
office during normal business hours.
(c) Each displacing entity shall establish and maintain a formal griev-
• ance procedure for use by displaced persons seeking administrative review of
the entity's determinations. The procedure shall be in accordance with the
w requirements of Article 5.
6042. Replacement Housina Prior To Displacement; Notices To Displaced
z • Persons. (a) No eligible person shall be required to move from his dwelling
8 unless within a reasonable period of time prior to displacement comparable re-
placement dwellings (as defined in subsection 6008(c)) or, in the case of a
temporary move (as defined in section 6044), adequate replacement dwellings
(as defined in subsection (b) below) are 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 offers shall be in writing, in a language understood
by the displaced person. The number of offers determined to be reasonable
should be not less than three.
(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 90 days written notice from the public entity requiring the displacements.
Public entities shall notify each individual tenant to be displaced as well as
each owner- occupant. (These requirements are in addition to those contained in
sections 6040 and 6046.)
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319111_750 3.74 2614 Q
STD. 400A (11,71)
00 NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOR FILING ADMINISTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(e) Waiver. The requirement in subsection (a) above may be waived only
when immediate possession of real property is of crucial importance and by
one of the following circumstances:
(1) When displacement is necessitated by a major disaster as defined
in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat. 143, 42
U.S.C. 5121).
(2) During periods of declared national or state emergency.
6044. Temporary Move. (a) General.
(1) 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.
(2) 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 com-
parable replacement dwellings.
(b) Requirements.
(1) Temporary replacement housing may not be relied upon if compara-
ble replacement housing will not be available to the displaced person
within 12 months of the date of the temporary move. -
(2) Prior to the move, the public entity shall have determined and
have provided written assurance to each displaced person that:
(A) Comparable replacement housing will be made available at
the earliest possible time but in any event no 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 dwell-
ings are available within the 12 month period.
(B) Comparable replacement housing will be made available, on
a priority basis, to the individual or family who has been temporarily
rehoused.
(C) The move to temporary housing will not affect a claimant's
eligibility for a replacement housing payment nor deprive him 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 reloca-
tion payments to which a displaced person is entitled.
(D) If a project plan anticipates moves back into replacement
housing accommodations in the project or program area, the person who
has been temporarily displaced will be given priority opportunity to
obtain such housing accommodations.
(E) 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:
-13=
,t,,e.7e0 2.79 2814 A
ST*). 400A (8..7!)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(1) Preparation and distribution of informational material as early
as practicable, to each occupant of the property. This material shall be
distributed within 15 days following the initiation of negotiations (see
paragraph 6040(a)(1)) and not less than 90 days in advance of displace-
ment except for those situations described in subsection 6042(e). Where
appropriate, separate informational statements shall be prepared for resi-
dential and for non - residential occupants.
(2) Conducting personal interviews 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 selecting among various
alternatives shall be the likelihood of actually communicating information
to such persons. Legal publications, legal ads 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 lan-
guase(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
W 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
z entity shall also provide each person with individual, written notification
w as soon as his 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
z occupants of the property. The figure lists minimum requirements. The dis-
$ placing entity should include any additional information that it believes
would be helpful. (See Attachment A.)
6048. Survey and Analysis of Relocation Needs.
(a) (1) Requirement. Immediately following the initiation of negotiations
interview all eligible persons, business concerns, including nonprofit organ-
izations, and farm operations to obtain information upon which to plan for
housing and other accommodations, as well as counseling and assistance needs.
(2) Coordination with Other Agencies. Other agencies may also be con -
ducting 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 for information and assistance.
-14-
211110.750 2_78 211114 A 4
STD.. 409A (0.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(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 in-
terviewed 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 be encouraged to bring any change in their needs to the
attention of relocation officials. The survey shall be updated at least
annually.
(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; need for
social and public services, special schools and other services; eligibility for
publicly assisted housing; and with reference to the present dwelling, the
rent, the type and quality of construction, the number of rooms and bedrooms,
the amount of habitable living space, and locational factors including among
others public utilities, public and commercial facilities (including trans-
portation and schools) and neighborhood conditions (including municipal ser-
vices). Other matters that concern a household as 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 avail-
ability for all potential displacees of housing which meets the standards set
• forth in the definition of comparable replacement housing.
Z The information concerning homeownership and rental units shall be provided
W 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
2 requiring special facilities and the nature of such facilities.
g 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 amen-
ities is essential to ensuring that no residents are incapacitated by the
relocation and such information also should be provided.
6050. Failure to Conduct Timely and Effective Survey. When a survey is
not conducted in a timely and effective manner, the public entity shall be
obligated to make every effort to locate all eligible persons who have moved so
that their needs can be included in the survey and the impact on the housing
stock in the community can be more accurately determined. The public entity
shall offer such persons all relocation assistance and benefits for which they
otherwise qualify and, in addition, shall compensate such persons for all costs
occasioned by the entity's failure to provide timely notice and offers of
relocation assistance and benefits.
-I5-
3te10 -790 3-79 2014 A C
STD- 400A (sell)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
6052. Survey and Analysis of Available Relocation Resources.
(a) (1) To enable a public entity reasonably to determine that t`he
requisite comparable replacement dwellings will be available, the public
entity, within 15 days following the initiation of negotiations, shall
initiate a survey and analysis of available comparable relocation re-
sources.
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.
(2) When more than 25 households will be displaced, survey results
shall be submitted for review to,local housing, development and planning
agencies and shall be compared to other existing information on housing
availability.
(3) The survey shall b• e updated at least annually.
(b) The survey area shall be reasonably related to the displacement area
and to the needs and preferences of the persons to be displaced, as indicated
in the written analysis prepared pursuant to section 6048. The survey area
shall have relevant characteristics (see subsection 6008(c)) 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 enable determination of the availability for all poten-
tial 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
Z handicapped households shall be shown separately and shall include information
• on the number of units with special facilities and the nature of such facil-
e ▪ ities.
• The analysis of resources shall include a description of the locational
z characteristics of the survey area neighborhoods corresponding to the require-
s ments of comparable replacement housing. Information shall be provided con-
cerning proximity to present employment sources (with the consent of the
displaced person a potential employer may be substituted), medical and re-
creational 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 replace-
ment housing, including the locational criteria, shall not be counted as
a relocation resource.
(2) Uncompleted new construction or rehabilitation shall not be in-
cluded 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 both concurrent displacement and the extent to which turnover is
represented. Concurrent displacement by the federal government and its
agencies, including federally- assisted proJects, as well as displacement
by other public entities shall be taken into account. Turnover is the
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11919_750 3.79 1.N A o
•STD.'400A (e.7t)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
dynamic operation by which occupancy changes occur within a standing inven-
tory over a period of time and theoretically could occur in the coiplete
absence of vacancies on a person to person basis. The use of turnover for
relocation is not permissible. The displacing entity shall assume that four
percent of the rental and one percent of the ownership units which meet the
standards of comparable replacement dwellings (see section 6008(c)) re-
presents turnover. The displacing entity shall use a higher percentage
figure if such figure is more accurate. The displacing entity may use a
lower figure if it establishes that the lower figure is a more accurate
assumption.
(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
W public entity must have site control with permissive zoning, pre -
liminary plans and conditional commitments for subsidy and financing
or the equivalent. The public entity also must identify ownership.
(c) Uncompleted new construction or rehabilitation which is subsidized
Z by public funds shall not be counted as a relocation resource unless the units
a are being subsidized to provide relocation resources.
6054. Last Resort Housing. (a) No eligible person shall be required to
z move his dwelling because of the action of a public entity unless compara-
® ble 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 as 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.)
(c) 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 the project to provide
such housing (see Article 4), or shall terminate or suspend further implementation
of the project activity in accordance with the provisions of section 6018.
(d) Temporary relocation resources may be relied upon in the interim only
if the provisions of section 6004 are satisfied.
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,1012-920 9_79 IaM A a.
STD. 400A to.7t)
DO NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
6056. Termination of Relocation Assistance. A public entity's reloca-
tion 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 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 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 dwelling, business or farm refuses reason-
able offers of assistance, payments and comparable replacement housing.
6058. Eviction. (a) Eviction is permissible only as a last resort. It
in no way affects the eligibility of evicted displaced persons for relocation
payments. Relocation records must be documented to reflect the specific cir-
cumstances surrounding the eviction.
(b) Eviction shall be undertaken only for one or more of the following
reasons:
(1) Failure to pay rent, except in those cases where the failure to
pay is due to the lessor's failure to keep the premises in habitable
condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services.
(2) Performance of a dangerous, illegal act in the unit.
(3) Material breach of the rental agreement and failure to correct
breach within 30 days of notice.
(4) Maintenance of a nuisance and failure to abate within a reason-
able time following notice.
(5) Refusal to accept one of a reasonable number of offers of
replacement dwellings.
(6) The eviction is required by State or local law and cannot be
prevented by reasonable efforts on the part of the public entity.
6060. Evaluation of Relocation. (a) A public entity is encouraged to
evaluate its relocation program, assessing the quality and quantity of services
provided as well as displacee satisfaction, to determine the adequacy of pro-
gram planning and to ascertain whether any persons have been denied the full
benefits; and services to which they are entitled. The evaluation should be
based upon an annual or continual inspection of files and records, case inter-
views, and inspection of replacement housing and business and farm replacement
locations and discussions with local individuals or organizations familiar
with relocation issues. A written evaluation should be prepared at least
annually.
(b) The files and records of displaced persons and property owners should
be selected at random. The review should include any cases that were identified
by previous monitoring as requiring corrective action and should assess the
public entity's progress in taking corrective action. Both relocation and
acquisition activities should be covered by the review.
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3t015_750 5.75 2555 A
0570. 400A (0.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(1) The relocation sample should include cases in which all pay -
ments have been completed and cases in which the person has been displaced
but all payments have not yet been made. The sample should provide a
basis for the reviewer to determine not only whether payments were computed
properly and made promptly, but also whether displaced persons received
proper notice of the full range of relocation assistance and services to
which they are entitled. Priority attention should be given to cases in
which a grievance has been filed or the agency has determined that a person
is ineligible for relocation benefits. •
(2) The acquisition sample should be based on cases in which settle-
ment has been completed. However, if necessary to provide a representa-
tive sample of acquisition activities, the reviewer should include in-
complete transactions in which negotiations have been initiated.
(c) After the records and files'have been reviewed, the reviewer should
select cases for further evaluation through personal interviews with displaced
persons and/or owners and the inspection of housing to which persons have
moved. The interviews and housing inspections should serve both to spot check
the accuracy of the information obtained in the examination of the records and
files and give the reviewer a better perspective on the agency's performance.
The number and type of cases for which interviews and housing inspections are
to be carried out should reflect the reviewer's judgment based on the informa-
tion he has just reviewed. Generally, an interview and inspection should be
carried out for at least one of every five. cases for which the files and records
have been reviewed. Only where the number of persons displaced is less than 25
should the number of interviews and inspections be less than 10. In no case
• should the number of interviews and inspections be lower than the lesser of five
• and the number of persons displaced. To the extent possible, the interviews
should cover a representative cross section of the types of cases in the agency's
• workload: e.g., relocation cases involving families of various sizes as well as
; individuals and business concerns (including both owners and tenants), and
acquisition transactions involving residential, commercial and industrial
• properties.
0 (d) In addition to the above, the following factors are among those which
o should be considered:
o (1) The effectiveness of efforts to provide relocation services to
displaced persons, including timeliness of notice and correctness of
eligibility determinations.
(2) The satisfaction of relocated families, individuals and business
concerns in their new locations.
(3) The extent to which self -moves to substandard housing have been
minimized.
(4) The effectiveness of efforts to provide relocation services to
business concerns, including counseling services and SBA loans to aid in
their reestablishment.
(5) The promptness of processing claims and the making of payments,
including the amounts, delivery, and use of relocation payments.
(6) The number and magnitude of rent increases following acquisition
and displacement.
(7) The effectiveness of methods used to resolve difficulties ex-
perienced by site occupants.
(8) The effectiveness of the public entity's grievance procedures.
(9) The extent of resident involvement in planning the relocation
program.
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• 11010 - 790 0.70 201.1 /,
STD. 400A (0.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.7)
(10) The effectiveness in assuring equal opportunity for displaced
persons and in reducing patterns of minority -group concentration.
(11) The effectiveness of relocation in upgrading the housing and
overall environmental conditions of persons displaced.
(12) The effectiveness of the social service program, including
counseling services, in helping residents adjust to relocation and in
helping solve individual and family problems.
(13) The impact on those segments of the housing market serving the
income groups displaced.
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. Speci-
fic conditions relating to particular payments are described in later sections.
6082. Relocation Payments by Public Entity. A public entity shall make
relocation payments to or on behalf of eligible displaced persons in accordance
with and to the full extent permitted by this Article. The obligations des-
cribed in this Article are in addition to those in Article 6.
6084. Basic Eligibility Conditions. A person establishes basic eligi-
• bility for relocation payments if he satisfies the conditions described in
• section 6034. A person who moves from real property or who moves his personal
property from real property because he will be displaced from other real
; property on which he conducts a business or farm operation, establishes
C eligibility on the basis of the move from such other property only for payments
made pursuant to section 6090.
0
0 6086. Notice of Intent to Displace, A public entity may issue a written
O Notice of Intent to Displace at any time after forming a reasonable expecta-
tion 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 which
he moves, whichever is later. The displacing entity may extend this period
upon a proper showing of good cause.
Except where specifically provided otherwise a claimant shall not be re-
quired to submit a copy of his tax returns in support of a claim for reloca-
tion payments.
6090. Actual Reasonable Moving Expenses. (a) General. A public entity
shall make a payment to a displaced person who satisfies the pertinent eligi-
bility requirements of section 6084 and the requirements of this section, for
actual reasonable expenses specified below and subject to the limitations set
31918.780 3.18 28M (,
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STD. 400A (e.79)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11390.1)
forth in subsection (c) of this section for moving himself, his family, business,
farm operation or other personal property. In all cases the amount of'a pay-
ment 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 uncrating 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; and
(5) The - reasonable replacement value of property lost, stolen or
damaged (not through the fault or negligence of the displaced person, his
agent, or employee) in the process of moving, where insurance covering such
loss, theft or damage is not reasonably available.
(6) The cost of disconnecting, dismantling, removing, reassembling,
reconnecting and reinstalling machinery, equipment or other personal
property (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 sub-
section (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:
(A) Any addition, improvement, alteration or other physical
change in 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
0 discretion, may compensate a displaced business or farm for any
8 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 reestablish-
ment of the displaced business or farm.
(C) The cost could not be 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 reason-
able estimate, the amount, if any, realized by the displaced business
concern as compensation for comparable additions, improvements, alter-
ations or other physical changes to the structure and premises
acquired, as part of the payment made for the acquisition of such
structure and premises.
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(Pursuant to Government Code Section 11380.1)
(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 con-
sultants' 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 (1) the re-
placement cost, minus any net proceeds received from its sale, or (2) the
estimated cost of moving, whichever is less.
(c) Advance Payments. A displaced person may be paid for his anticipated
moving expenses in advance of the actual move. A public entity shall provide
advance payment whenever later payment would result in financial hardship.
Particular consideration shall be given to the financial limitations and diffi-
culties 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 effec-
ting a move, including contracting moves and arranging for assignment of
moving expense payments by displaced persons.
(e) Self- moves. Without documentation of moving expenses actually in-
. curred, a displaced person electing to self -move may submit a claim for his
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
Z • Operation. Where, in the judgment of the public entity, the cost of moving
W any item of personal property of low value and high bulk which is used in
3 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
g 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 ex-
penses 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 in excess of $1,000
for the costs incurred by a displaced person for moving his 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
$1,000 are obtained, a claim may be supported by estimates in lieu of
bids.
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• be supported by written evidence of loss which may include appraisals, certi-
fled prices, bills of sale., receipts, cancelled checks, copies of advertise-
= ments, 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 pro-
; perty left in place.
6094. Actual Reasonable Expenses in Searchina for a Replacement Business
0 or Farm. A displaced person who satisfies the pertinent eligibility require-
0 ments of section 6090 with respect to actual reasonable moving expenses, shall
• be eligible for a payment in an amount not to exceed $500, 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 representative, but not to exceed
$10 per hour; and
(d) Fees paid to a real estate agent or broker to locate a replacement
business or farm.
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(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 section 7262(e) of the Act. The public
entity may solicit competitive bids from qualified bidders for performance of the
work. Bids submitted in response to such solicitations shall be exempt from
regulation by the Public Utilities Commission.
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.
(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
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
advertising displays is entitled to payment for the reasonable cost of moving
such displays or their in -place value, whichever is lesser.
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CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
6098. Alternate Payments -- Individuals and Families. A person or family,
who is displaced from a dwelling and is eligible for a payment for actual rea-
sonable 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 $300, and determined in
accordance with established Federal Highway Administration schedules maintained
by the California Department of Transportation, and
(b) A dislocation allowance of $200.
6100. Alternate Payments -- Businesses and Farm Operations. (a) Generale
(1) A person who is displaced from his place of business or farm
operation and is eligible for payments under sections 6090, 6092, 6094,
or 6096, and complies with the requirements of this section, may elect to
receive and shall be paid, in lieu of such payments, a payment equal to
the average annual net earnings of the business or farm operation (but
not including a business as described in section 6096) as determined in
accordance with subsection (b) below, except that such payment shall be
not less than $2,500 nor more than $10,000. 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.
(2) Loss of Goodwill. When payment under this section will precede
settlement of a claim for compensation for loss of good will under the
Eminent Domain Law, the public entity before tendering payment shall state
in writing what portion of the payment, if any, is considered to be
compensation for loss. of goodwill and shall explain in writing that any
payment made pursuant to Code of Civil Procedure, Sections 1265.510
et seq. (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation
for Loss of Goodwill ") will be reduced in the same amount. The portion
considered to be compensation for loss of goodwill shall not exceed the
difference between the payment made under this section and an amount which
reasonably approximates the payments for which the displaced person
°z otherwise would be eligible under Sections 6090, 6092, 6094, and 6096.
0 Failure to provide such written statement and explanation shall consti-
tute a conclusive indication that no portion of the payment is considered
to be compensation for loss of goodwill for the purposes of that portion
of the Code of Civil Procedure referenced above.
(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 circum-
stances 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 the same or similar business. Whenever the sole remaining facility of a
business which has been displaced from its principal location:
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(Pursuant to Government Code Section 11380.1)
(A) Has been in operation for less than two years;
(B) Has had average annual gross receipts of less than '$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 $1,000
during the two taxable years prior to the displacement of the major
component of the business, the remaining facility will not be con-
sidered another "establishment" for purposes of this section; and
(3) The displaced business:
(A) Had average annual gross receipts of at least $2,000 during
the two taxable years prior to displacement; or
(B) The displaced business had average annual net earnings of
at least $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 premises 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
F own, control or manage the affairs of the entities.
3 (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
z farm met the definition of a farm operation prior to its acquisition. If the
® displacement is limited to only part of the farm operation, the operator will
be considered to have been displaced from a farm operation if: 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 substan-
tial loss of its existing patronage (the term "existing patronage" as used
in connection with a nonprofit organization includes the membership, per-
sons, 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.
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9,999.796 9_79 ICY A a
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CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(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 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 such other period as the
head of the public entity determines to be more equitable for establishing such
earnings, and includes any compensation paid by the business or farm operation
to the owner, his spouse or his dependents during such period. The term
"owner" as used in this section includes the sole proprietor in a sole proprie-
torship, the principal partners in a partnership, and the principal stockholders
of a corporation, as determined by the public entity. For purposes of deter-
mining a principal stockholder, stock held by a husband, his wife and their
dependent children shall be treated as one unit.
(g) If a displaced person who conducts a business or farm operation elects
to receive a fixed payment under this section, he shall provide proof of his
earnings from the business or farm operation to the agency concerned. Proof
of earnings may be established by income tax returns, financial statements and
accounting records or similar evidence acceptable to the public entity.
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 condi-
tions of subsection (b) of this section, a payment not to exceed a combined
total of $15,000 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 deter-
mined in accordance with subsection (c), of a comparable replacement
dwelling. This amount shall not exceed the difference between the acqui-
sition price of the acquired dwelling and the actual purchase price of the
replacement dwelling, except where a displaced person, in the circum-
stance 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 person for any
increased interest costs, as determined in accordance with subsection (c),
he 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 bonafide mortgage which was a valid
lien on the dwelling for not less than 180 days prior to the initation of
negotiations for acquisition of such dwelling. (This time requirement may
be modified in accordance with the provisions of subsection (b) below.)
. (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.
(b) Eligibility Conditions.
(1) A displaced person is eligible for payment under this section
if such person:
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(Pursuant to Government Code Section 11380.1)
(A) Is displaced from a dwelling that is acquired;
(8) Has actually owned and occupied such dwelling for riot less
than 180 days prior to the initiation of negotiations for its acqui-
sition; and
(C) Purchases and occupies a replacement dwelling within one
year subsequent to the date on which he received final payment from
the public entity of all costs of the acquired dwelling or the date
on which he moves from the acquired dwelling, whichever is later.
(2) If an owner satisfies all but the 180 day requirement and can
establish to the satisfaction of the public entity that he bought the
dwelling with the intention of making it his place of residence, that
the move was not motivated by a desire to receive relocation assistance
and benefits, and that he neither knew nor should have known that public
acquisition was intended the public entity may reduce the requirement as
necessary.
(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, rehab-
ilitation, 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 re-
habilitation 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
0 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 replace-
ment dwelling, the public entity concerned shall use one of the fol-
lowing methods:
1.- Comparative Method. On a case -by -case basis by deter-
mining 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(c). 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
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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(c).
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 deter-
mines 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 dis-
counted 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.
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 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 a part of
the debt service or finance charge under Title I of the Truth in Lending
Act (Pub. 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.
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(Pursuant to Government Code Section 11380.1)
(d) Multi - family Dwelling. In the case of a displaced homeowner who is
required to move from a one - family unit of a multi - family building which he
owns, the replacement housing payment shall be based on the cost of a compara-
ble 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.
(e) Owner Retention.
(1) If a displaced homeowner elects to retain, move, and occupy his
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 sani-
tary 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 $15,000.
(f) Provisional Payment Pending Condemnation. If the exact amount of a
replacement housing payment cannot be determined because of a pending condem-
nation 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 replace-
ment 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
W less than the maximum offer upon which the provisional replacement housing
• payment is based, the difference will be paid to the homeowner.
(g) Lease of Condominium. For the purposes of this section, the leasing
z of a condominium for a 99 -year period, or for a term which exceeds the life
o • 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.
6104. Replacement Housing Payments for Tenants and Certain Others,. (a)
Genera . 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 $4,000 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 downpayment on the
purchase of a replacement dwelling (including incidental expenses des-
cribed in section 6102). If such amount exceeds $2,000, the displaced
person shall equally match any such amount in excess of $2,000 in making
the downpayment.
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(Pursuant to Government Cod• Section 11380.1)
(b) Eligibility Conditions. A displaced person is eligible for the
payments specified in subsection (a) if he satisfies the following conditions:
(1) Has occupied the dwelling from which he is displaced for a period
of not less than 90 days prior to the initiation of negotiation for acqui-
sition of such dwelling.
(2) Is not eligible to receive a replacement housing payment for homeown(
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 dis-
placed person shall within one year from the date of displacement pur-
chase 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 com-
puted 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 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 25 percent of the displaced person's average monthly income.
(See subsection 6008(1).) Where the displaced person was the owner
of the dwelling from which he was displaced or was not required to
pay rent for that dwelling, the economic rent (see subsection 6008(h))
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) Downpayment. The downpayment 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 downpayment for the purchase of a comparable replacement dwelling
where such purchase is financed, plus expenses incident to the purchase
of a replacement dwelling computed in accordance with Section 6102.
The full amount of a downpayment 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.
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(Pursuant to Government Code Section 11180.1)
(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 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.
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 have the authority to disburse payments under this section
in a lump sum, monthly or at other intervals 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
Rnot) living together in and displaced from a single dwelling shall be regarded
Z as one person.
r Where a tenant is sharing a single - family dwelling with an owner- occupant
O 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 is
$ entitled or accept a prorated amount.
6108. Condition of Replacement Dwelling. (a) When a displaced person
qualifies for a replacement housing payment (under section 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 replace-
ment 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 effect 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 situa-
tion 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.
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(b) A public entity shall not induce or encourage a displaced person to
acquire a dwelling which does not satisfy the comparable replacement housing
standard. (See section 6008(c).)
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, 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 purchases and occupies a dwelling within the
time limits prescribed.
6112. Mobile Homes. (a) General. A mobile home is a dwelling. (See
subsection 6008(g).) A person displaced from a mobile home must satisfy the
same eligibility requirements and must be provided the same assistance, assur-
ance and payments as a person displaced from a conventional dwelling.
(b) Moving Expenses. If a mobile home is moved to another site, the dis-
placed 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)).
(4) A person who owns a site from which he moves a mobile home
shall be provided a replacement housing payment under section 6102 if
he purchases a replacement site and under section 6104 if he rents a re-
placement site.
(5) A person who owns a mobile home which is acquired and rents
the site shall be provided payment as follows:
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(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 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 combina-
tions of ownership and tenancy upon which a claim for payment might be
based.
6114. Affected Property. (a) In addition to the payments required by
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 af-
fected 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 fifteen thousand dollars ($15,000),
W 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
w • 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
W affected property shall be determined according to rules and regulations
3 adopted by the public entity. Such rules and regulations shall limit
E° payment under this section only to such circumstances in which the decline
S 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 assuring that if the action of a public entity results,
or will result in displacement, and comparable replacement housing will not
be available as needed, the public entity shall use its funds or funds author-
ized for the project to provide such housing.
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(Pursuant to Government Code Section 11380.1)
6122. Determination of Need for Last Resort Housing. If on the basis of
data derived from surveys and analyses which satisfy the requirements of
sections 6048 and 6052, the public entity is unable to demonstrate that compara-
ble replacement housing will be available as required, the head of 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 subcontacts for the construction, rehabilita-
tion or management of last resort housing shall be let without discrimina-
tion 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 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 participa-
tion of small businesses in the performance of contracts for such work.
(b) Citizen Participation.
(1) If the need for last resort housing exceeds 25 units, the head
of the displacing public entity shall establish a committee which will
consult with and provide advice and assistance to the displacing public
entity in the development of the plan. The committee should include
appointed representatives of the displacing entity and state and local
agencies knowledgeable regarding housing in the area, including but not
limited to the local housing authority and the central relocation agency,
if any. In addition, the committee should include representatives of
other appropriate public groups (for example, local and areawide planning
agencies) and private groups knowledgeable regarding housing and the
problems of housing discrimination.
(2) The committee shall include representatives of the residents to
be displaced. These representatives may be appointed by the displacing
entity or elected by the residents, as the residents wish. Resident repre-
sentatives shall, at a minimum, constitute one -third of the committee
membership. Votes shall be allocated so that the total votes of resident
representatives shall equal one -half of the total votes of the committee
membership.
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(3) The plan must be approved by the vote of a simple majority
of the committee membership. In the event the committee fails to'approve
the plan, the local governing body or, where the displacing entity is a
state agency, the head of the state agency may substitute its approval.
(c) Consultation with Other Housing Agencies and Organizations. 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 assis-
tance and advice in the development of the replacement housing plan.
6126. Submission of Plan for Comment. The head of the displacing public
entity shall submit the plan and all significant amendments to the department
and local housing and planning agencies for comment and to assure that the plan
accurately reflects housing conditions and needs in the relocation area.
Reviewing agencies shall have 30 calendar days following receipt of the plan
to prepare their comments. Copies of all comments received shall be forwarded
to the committee and available to all interested persons.
General notice of the plan shall be provided. Notice shall be designed to
reach the residents of the relocation area; it shall be in accordance with
the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall
be provided 30 days prior to submission to the committee, or the local govern-
ing body or head of state agency for approval.
6128. Determination by Displacing Public Entity of Feasibility and'Com-
W pliance. Upon receipt and consideration of the comments, the displacing
public entity shall determine whether or not:
0 (a) The plan is feasible.
(b) The plan complies with applicable environmental standards and pro-
• cedures.
(c) The plan is compatible with the local general plan and housing element
and the areawide housing plan or strategy.
3 If any of the above determinations by the displacing public entity is
z negative the displacing public entity shall revise the plan as necessary.
o • Substantial modifications in the plan shall be submitted for review and comment
as provided in section 6126. If necessary for timely implementation of the
plan or execution of the project, the head of the displacing public entity may
shorten the time allowed in section 6126 for review of modifications.
6130. Implementation of the Replacement Housino 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, rehabili-
tate, 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.
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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.
6134. Jointly Sponsored Development. Where several agencies are adminis-
tering programs resulting in residental 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 is displaced or the relocation payments for which
he may be eligible.
6138. Conformity with the Act and Other Statutes, Policies and Proce-
siures (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 Rumford Act (Health and Safety Code, Section
35700 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, 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 thereto.
(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 5. Grievance Procedures.
6150. Purpose. The purpose of this article is to set forth guide-
lines for processing appeals from public entity determinations as to eligi-
bility, 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 election, have his claim reviewed and re-
considered by the head of the public entity or an authorized designee (other
than the person who made the determination in question) in accordance with the
procedures set forth in this article, as supplemented by the procedures the
public entity shall establish for such review and reconsideration.
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(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 pro-
cedures 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 desig-
nate 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 complain-
ant 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 with a full written explanation of its determination and the basis there-
fore, if he 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 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 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 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.
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(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 moves from the property or the date he 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 that he has the right to be represented
by an attorney, to present his case by oral or documentary evidence, to submit
rebuttal evidence, to conduct such cross- examination as may be required for a
full and true disclosure of facts, and to seek judicial review once he has
exhausted administrative appeal.
(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 sub-
mitted by the claimant.
(4) Any further information which the public entity in its dis-
cretion, 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 admin-
istrative 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 ma-
terial submitted for consideration by the claimant or the date of the
hearing, whichever is later.
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(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.
6164. Recommendations by Third Party. 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 Articre.
6166. Review of Files by Claimant. Except to the extent the confiden-
ce • tiality of material is protected by law or its disclosure is prohibited by
gi law, a public entity shall permit the claimant to inspect all files and re-
• cords bearing upon his 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.
0 6168. Effect of Determination on Other Persons. The principles estab-
• lished in all determinations by a public entity shall be considered as prece-
dent for all eligible persons in similar situations regardless of whether or
not a person has filed a written request for review. All written determina-
tions shall be kept on file and available for public review.
6170. Right to Counsel. Any aggrieved party has a right to representa-
tion by legal or other counsel at his expense at any and all stages of the pro-
ceedings 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 com-
plainant 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.
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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.
Article 6. Acquisition Policies
6180. Purpose. The purpose of this Article is to set forth the practices
to be followed with respect to acquisition of real property by a public entity.
Public entities shall, to the greatest extent practicable, be guided by these
practices.
6182. Acquisition. (a) A public entity shall make every reasonable
effort to acquire property by negotiation and to do so expeditiously.
(b) Before negotiations are initiated (see subsection 6008(n)) a public
entity shall:
(1) Have the property appraised, giving the owner or his represen-
tative designated in writing an opportunity, by reasonable advance
written notice, to accompany the appraiser during the inspection of the
property;
(2) If the owner of real property is also the owner of a business
conducted on the real property to be acquired or on the remainder, inform
him of his possible right to compensation for loss of goodwill. The
public entity should include a copy of the pertinent provisions of the
Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq.).
(3) Establish an amount it believes to be just compensation for the
property, which amount shall, in no event, be less than the public entity's
approved appraisal of the fair market value of the property as improved.
(c) The determination of just compensation shall be based upon considera-
tion of:
(1) The real property being acquired;
(2) Where the real property acquired is part of a larger parcel,
the injury, if any, to the remainder; and
(3) Loss of goodwill, where the owner of the real property is
also the owner of a business conducted upon the property to be acquired
or on the remainder and where the provisions of the Eminent Domain Law
pertaining to compensation for loss of goodwill are satisfied. Goodwill
consists of the benefits that accrue to a business as a result of its
location, reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition of
new patronage.
-40-
1,4,®.7,0 ]_7S 211141 (�
STD. 400A (U•71)
DO NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(d) As soon as possible after the amount of just compensation is estab-
lished, the public entity shall offer to acquire the property for the full
amount so established and shall provide the owner with a written statement
of the basis for determination of just compensation. The statement shall in-
clude the following:
(1) A general statement of the public use for which the property
is to be acquired.
(2) A description of the location and extent of the property to be
taken, with sufficient detail for reasonable identification, and the
interest to be acquired.
(3) An inventory identifying the buildings, structures, fixtures,
and other improvements.
(4) A recital of the amount of the offer and a statement that such
amount:
(A) Is the full amount believed by the public entity to be
just compensation for the property taken;
(B) Is not less than the approved appraisal of the fair
market value of the property as improved;
(C) Disregards any decrease or increase in the fair market
value of the real property to be acquired prior to the date of
valuation caused by the public improvement for which the property
is to be acquired for such public improvement, other than that due
to physical deterioration within the reasonable control of the
owner or occupant; and
(D) Does not reflect any consideration of or allowance for
any relocation assistance and payments or other benefits which the
owner is entitled to receive under an agreement with the public
entity, except for an amount to compensate the owner for that
portion of loss of goodwill provided in accordance with Section
6100.
(5) If the real property is a portion of a larger parcel, the state-
ment shall include an apportionment of the total estimated just compensa-
tion for the partial acquisition between the value of the property being
taken and the amount of damage, if any, to the remainder of the larger
parcel from which such property is taken.
(6) If the owner of the real property to be acquired is also the owner
of a business conducted upon the property or the remainder, the statement
shall include an indication of the amount of compensation for loss of goodwill.
(e) At the initiation of negotiations (see subsection 6008(n)) a public
entity shall provide written notification to the owner of a business conducted
on the real property to be acquired or on the remainder, who is not also the
owner of the real property, concerning his possible right to compensation for
loss of goodwill. The public entity should include a copy of the pertinent
provisions of the Eminent Domain Law (Code of Civil Procedure, Section
1230.010 et seq.).
(f) (1) If after receiving the public entity's offer the owner requests
additional information regarding the determination of just compensation,
the public entity shall provide the following information to the extent
that the determination of just compensation is based thereon:
-41-
]1111e.79a 3.74 2014 A
STD. 400A (4.71)
CONTINUATION SHUT
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(A) The date of valuation used.
(B) The highest and best use of the property.
(C) The applicable zoning.
(D) Identification of some of the sales, contracts to sell
and purchase, and leases supporting the determination of value.
(E) If the property is a portion of a larger parcel, a
description of the larger parcel, with sufficient detail for
reasonable identification.
(2) With respect to each sale, contract, or lease provided in
accordance with (1)(D) above, the following data should be provided:
(A) The names and business or residence addresses, if known,
of the parties to the transaction.
(B) The location of the property subject to the transaction.
(C). The date ofs transaction.
(D) The price and other significant terms and circumstances
of the transaction,, if known. In lieu of stating the other terms
and circumstances, the public entity may, if the document is avail-
able for inspection, state the place where and the times when it is
available for inspection.
(3) The requirements of this subsection do not apply to requests
made after an eminent domain proceeding is commenced.
(g) Whenever a part of a parcel of property is to be acquired by a public
entity for public use and the remainder, or a portion of the remainder, will be
left in such size, shape or condition as to constitute an uneconomic remnant
• the public entity shall offer to acquire the remnant if the owner so desires.
• For the purposes of these Guidelines an "uneconomic remnant" shall be a parcel
of real property in which the owner retains an interest after partial acqui-
sition of his property and which has little or no utility or value to such
• owner. (Nothing in this subsection is intended to limit a public entity's
authority to acquire real property.)
(h) Nothing in this section shall be construed to deprive a tenant of
o the right to obtain payment for his property interest as otherwise provided
z by law.
a (i) (1) Prior to commencement of an eminent domain proceeding the
public entity shall make reasonable efforts to discuss with the
owner its offer to purchase the owner's real property. The owner
shall be given a reasonable opportunity to present material which
he believes to be relevant as to the question of value and to suggest
modification in the proposed terms and conditions of the purchase,
and the public entity shall carefully consider the owner's presenta-
tion.
(2) Prior to commencement of an eminent domain proceeding, if
the evidence presented by an owner or a material change in the charac-
ter or condition of the property indicates the need for a new appraisal
or if a significant delay has occurred since the determination of just
compensation, the public entity shall have its appraisal updated. If
a modification in the public entity's determination of just compensation
is warranted, an appropriate price adjustment shall be made and the new
amount determined to be just compensation shall be promptly offered in
writing to the owner.
-42-
C
$1918.730 2_79 22M 0 a
STD: 4O'0A (3 -71)
DO NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOP FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(j) (1) In no event shall the public entity either advance the time
of condemnation, or defer negotiations or condemnation on the deposit
of funds in court for the use of the owner, or take any other action
coercive or misleading in nature, in order to compel or induce an
agreement on the price to be paid for the property.
(2) If any interest in property is to be acquired by exercise of
the power of eminent domain, the public entity shall promptly institute
formal condemnation proceedings. No public entity shall intentionally
make it necessary for an owner to institute legal proceedings to prove
the fact of the taking of this real property.
6184. Notice of Decision to Appraise. The public entity shall provide
the owner with written notice of its decision to appraise the real property
as soon as possible after the decision to appraise has been reached. The
notice shall state, as a minimum, that:
(a) A specific area is being considered for a particular public use;
(b) The owner's property has been determined to be located within the
area; and
(c) The owner's property, which shall be generally described, may be
acquired in connection with the public use.
6186. Time of Offer. The public entity shall make its first written
offer as soon as practicable following service of the Notice of Decision to
Appraise. (See section 6184.)
6188. Notice of Land Acquisition Procedures. (a) At the time the public
entity notifies an owner of its decision to appraise real property it shall
furnish the owner a written explanation of its land acquisition procedures,
describing in non - technical, understandable terms the public entity's acqui-
sition procedures and the principal rights and options available to the owner.
(b) The notice shall include the following:
(1) A description of the basic objective of the public entity's
land acquisition program and a reference to the availability of the
public entity's statement covering relocation benefits. for which an
owner - occupant may be eligible;
(2) A statement that the owner or his representative designated
in writing shall be given the opportunity to accompany each appraiser
during his inspection of the property.
(3) A statement that if the acquisition of any part of real pro-
perty would leave the owner with an uneconomic remnant as defined in
subsection 6182(g) the public entity will offer to acquire the unecon-
omic remnant; if the owner so desires;
(4) A statement that if the owner is not satisfied with the public
entity's offer of just compensation he will be given a reasonable
opportunity to present relevant material, which the public entity will
carefully consider, and that if a voluntary agreement cannot be reached
the public entity, as soon as possible, will either institute a formal
condemnation proceeding against the property or abandon its intention
to acquire the property, giving notice of the latter as provided in
section 6190.
-43-
3819 -770 3-79 IBM Q
STD. 400A (6■71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
(5) A statement that construction or development of a project shall be
so scheduled that no person lawfully occupying real property shall be
required to move from a dwelling (assuming a replacement dwelling as required
by these Guidelines will be available) or to move his business or farm operation
without at least 90 days written notice from the public entity of the date by
which the move is required; and
(6) A statement that, if arrangements are made to rent the property to
an owner or his tenant for a short term or for a period subject to termination
by the public entity on short notice, the rental will not exceed the lesser of
the fair rental value of the property to short term occupier or the pro rata
portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the
dwelling shall be within his financial means. (See subsection 6008(c).)
6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public
entity which has forwarded a Notice of Decision to Appraise or has made a firm
offer subsequently decides not to acquire the property, the public entity shall
serve a notice in writing on the owner, all persons occupying the property and all
other persons potentially eligible for relocation payments and assistance. This
notice shall state that the public entity has decided not to acquire the property.
It shall be served not later than 10 days following the date of the public entity
decision not to acquire.
6192. Incidental Expenses. If the real property is acquired by purchase,
the public entity shall pay all reasonable expenses incident to transfer. Among
the expenses requiring payment are: recording fees, transfer fees and similar
expenses incident to the conveyance of real property, and the pro rata portion of
charges for public service such as water, sewage and trash collection which are
allowable to a period subsequent to the date of transfer of title to the public
; entity, or the effective date of possession of such property by the public entity,
whichever is earlier. The public entity shall inform the owner that he may apply
for a rebate of the pro rata portion of any real property taxes paid.
0
g6194. Short Term Rental. (a) If the public permits an owner or tenant to
occupy the real property acquired on a rental basis for a short -term or for a
period subject to termination by the public entity on short notice, the amount of
rent required shall not exceed the lesser of the fair rental value to a short -term
occupier or the pro rata portion of the fair rental value for a typical rental
period.
If the owner or tenant is an occupant of a dwelling, the rental for the dwelling
shall be within his financial means. (See subsection 6008(c).)
(b) A post - acquisition tenant who occupies real property acquired on a
rental basis for a short term and who is informed that the property has been
acquired for a public use shall be given not less than 30 days notice of term-
ination of the tenancy.
6195. Public Information. The purchase price and other consideration paid
by the public entity is public information and shall be made available upon request.
6196. Service of Notice. Service of all notices required by this article
shall be made either by first class mail or by personal service upon the person
to be notified.
6198. Nonpossessory Interest Exception. The provisions of 6182(b), (c),`
(d)(4), and (f) and 6188 shall not apply to the acquisition of any easement,
right -of -way, covenant or other non - possessory interest in real property to be
acquired for the construction, reconstruction, alteration, enlargement, main-
tenance, renewal, repair or replacement of sub - surface sewers, waterlines
appurtenance, drains, septic tanks, or storm water drains. -44-
STD. 460A (e.71)
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
Attachment A
Minimum Contents of Informational Statement(s)
Item To Be Included
For Distribution To
Business
Displaced Concerns
Persons and Others
1. General description of the nature and types of X X
activities that will be undertaken, including an
identification of areas, which may involve displace-
ment. A diagrammatic sketch of the project area
should be attached.
2. Statement that public action may result in dis- X X
placement but that no one lawfully occupying
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 X
required to move before reasonable offers of decent,
safe, sanitary and otherwise comparable housing
within their financial means have been made, except
for the causes set forth in the local agency's
2 eviction policy (which shall be in accordance with
section 6058.)
0
a
8
4. General description of types of relocation payments X X
available, including general eligibility criteria
and a caution against premature moves that might
result in loss of eligibility for a payment.
5. Identification of the agency's relocation program X X
and a description of the relocation services and
aids that will be available.
6. Encouragement to visit the agency's relocation
office and cooperate with the staff. The address,
telephone number, and hours of the relocation office
should be specified.
-45-
X
1t*1e.75e 9.73 ieM
STD. 400A
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
Item To Be Included
For Distribution To
Business
Displaced Concerns
Persons and Others
7. Information on replacement housing, including: X
a. Brief description of what constitutes com-
parable replacement housing, including
physical standards.
b. Laymen's description of Federal fair housing X
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) X
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
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.
z 8. Statement that the public entity will provide maxi-
s 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.
-46-
X
X
X
119,9.790 2.79 29M A
STD. .DOA re-.7t)
DO NOT WRITE IN THIS SPACE
CONTINUATION SHEET
FOR FILING ADMINSTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
Item To Be Included
For Distribution To
Business
Displaced Concerns
Persons and Others
10. Summary of the local agency's eviction policy, X X
which shall be in accordance with the provisions
of section 6058.
11: Statement describing the agency's grievance pro- X X
cedure, its purpose, and how it may be used,
which procedure shall be in accordance with the
provisions of Article 5.
-47-
11916.790 9.79 2531 (,
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed
by the Community Improvement Commission of the City
of Alameda in a regular meeting assembled on the 3rd
day of May, 1983, by the following vote to wit:
AYES: Commissioners Diament, Gorman, Sherratt, Stone,
and Chairman Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Commission this 4th
day of May, 1983.
Deers Speegle, Secret; ry
Community Improvement Commission
Chuck Corica, Chairman
Community Improvement Commission