R-323
RESOLUTION NO. 323 (R.A.S.)
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA ADOPTING RELOCATION RULES
AND REGULATIONS FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSiSTANCE LAW
WHEREAS, the California Relocation Assistance Law (Government
Code, Section 7260 et seq.) requires a uniform pol icy for the fair
and equitable treatment of persons displaced by programs of public
entities; and
WHEREAS, Section 7267.8 of the California Government Code
requires all agencies to adopt rules and regulations to implement
payments and to administer relocation assistance pursuant to the
California Relocation Assistance Law;
NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY:
I, The Relocation Rules and Regulations for implemen-
tation of the California Assistance Law attached
hereto as Exhibit "A" are hereby adopted:
2. Any procedure not expressly set forth in said Rules
and Regulations, but deemed necessary and convenient
to carry out any of the purposes of the California
Relocation Assistance Law or the purposes of the
State Relocation Guidelines of the Commission of
Housing and Community Development adopted October 17,
1973, or the purposes of these Rules and Regulations
is hereby authorized.
ADOPTED AND APPROVED THIS ~ DAY OF AUGUST
, 1974.
~ 11~ ~
Clo Hoover
Chairman
I hereby certify that the foregoing resolution was duly adopted
by the Redevelopment Agency of the City of Santa Monica, California,
at a special meeting thereof held on the ~day of August
1974, by the following roll call vote:
AYES:
NOES:
ABSENT:
MEMBERS: Hoover, Lawson, McCloskey, Swink, van den Steenhoven
MEMBERS: None
MEMBERS: Judson
Approved as to legal form and adequacy.
SANTA MONICA REDEVELOPMENT AGENCY
SANTA MONICA, CALIFORNIA
RELOCATION RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
Adopted: August 6, 1974
EXHIBIT "All
I.
II. [5 200]
[5 100]
A.
[5 101]
[5 102]
[5 103]
B.
C.
A.
[5 201]
[5 202]
[5 203]
[5 204]
B.
C.
D.
E.
[5 205]
[5 206]
[5 207]
F.
G.
H.
[5 208]
I.
[5 209]
[5 210]
[5 211]
Ui 212]
[5 213]
[5 214]
[5 215]
[5 216]
J.
K.
L.
M.
N.
O.
P.
TABLE OF CONTENTS
GENERAL -----------------------------
Purpose ------------------------
Authority ----------------------
Extent of Relocation Payments --
DEFINITIONS -------------------------
Acquisition --------------------
Average Annual Net Earnings ----
Business -----------------------
Comparable Replacement
Dwelling -----------------------
Condominium --------------------
Conventional Loan --------------
Date of Initiation of
Negotiations -------------------
Decent, Safe, and Sanitary
Dwelling -----------------------
Displaced Business -------------
Displaced Person ---------------
Dwelling -----------------------
Family -------------------------
Incidental Expenses ------------
Mobile Home -------------------
Mortgage -----------------------
Moving Expenses ----------------
PAGE
1
1
1
1
2
2
2
2
3
3
4
4
4
4
4
5
5
5
5
5
6
III. [~ 300]
IV.
Q.
u;; 217]
[5 218]
[5 219]
[5 220]
[5 221]
[5 222]
[5 223]
R.
S.
T.
U.
V.
W.
A.
[5 301]
B.
u; 302]
[5 303]
[5 304]
C.
D.
E.
[5 305]
(1; 400]
A.
u; 401]
1.
2.
B.
[5 405]
C.
[5 406]
PAGE
Nonprofit Organization ------------ 7
Owner ----------------------------- 7
Person ---------------------------- 7
Personal Property ----------------- 7
Prepaid Expenses ------------------ 8
Public Use ------------------------ 8
Purchases (Re Replacement
Housing) -------------------------- 8
RELOCATION ADVISORY ASSISTANCE --------- 9
Persons and Businesses to Whom
Relocation Advisory Assistance
Shall be Provided ----------------- 9
Neighborhood Relocation Office
9
Relocation Advisory Assistance
9
Coordination of Relocation
Assistance Program ---------------- 10
Contracting For Relocation
Services -------------------------- 10
RELOCATION PAYMENTS TO DISPLACED
PERSONS -------------------------------- 11
Actual Reasonable Expenses in
Moving ---------------------------- 11
[5 403]
[5 404]
Allowable Moving Expenses ---- 11
Nonallowable Moving Expenses
and Losses ------------------- 12
Payments in Lieu of Actual
Reasonable Expenses in Moving
13
Replacement Housing Payments ------ 13
- ii -
PAGE
1.
[5 407]
Replacement Housing Pay-
ments For Displaced Owner-
Occupants -------------------- 13
a.
[5 408J
u; 409 J
Amount and Computation
of Replacement Housing
Payment For Displaced
Owner-Occupants --------- 14
Eligibility ------------- 13
b.
(1)
[5 410 J
Differential
Payments ----------- 14
(2)
( 3)
[5 411]
[5 412]
Interest Payment --- 15
Incidental Expense
Payment ------------ 15
c.
[5 413]
Displaced Persons Who
Are Joint Owner-Occupants
of a Dwelling ----------- 16
2.
[5 414]
Replacement Housing Payments
For Displaced Tenants and
Others ----------------------- 16
a. [5 415] Eligibility ------------- 16
b. [5 416] Amount and Computation of
Replacement Housing Pay-
ment For Displaced
Tenants and Others ------ 16
c. [5 417] Ren tal Assistance
Payment ----------------- 17
d. [5 418] Purchase Assistance
P aymen t ----------------- 18
e. [5 419] Limitations and Disburse-
ment of Replacement
Housing Payment to Dis-
placed Tenants and
Others ------------------ 18
( 1) [5 4201 Joint Occupants ---- 18
- Hi -
V.
VI.
PAGE
(2)
[5 421]
Rental Replacement
Housing ------------- 18
( 3)
[5 422]
Disbursement of
Rental Replacement
Housing Payments
19
[5 500]
RELOCATION PAYMENTS TO THE DISPLACED
BUSINESSES ------------------------------ 20
A.
[5 501]
Actual Reasonable Moving Expenses -- 20
1.
[5 502]
[5 503]
[5 504]
Allowable Moving Expenses ----- 20
2.
Limitations ------------------- 21
3.
Nonallowable Moving Expenses
and Losses -------------------- 22
B.
[5 505]
Expenses in Searching for a
Replacement Site For the Displaced
Businesses ------------------------- 23
C.
[5 506]
Actual Direct Losses of. Tangible
Personal Property of the Dis-
placed Business -------------------- 23
D.
[5 507]
Payments in Lieu of Moving and
Related Expenses ------------------- 25
1.
[5 508]
[5 509]
Amount of Payment ------------- 26
Eligibility ------------------- 25
2.
[5 600]
MOBILE HOMES ---------------------------- 27
A.
[5 601]
[5 602]
Partial Acquisition of Mobile
Home Park -------------------------- 27
Purchase of Mobile Homes ----------- 27
B.
C.
Ui 603]
Mobile Homes as Replacement
Dwelling --------------------------- 27
D.
[5 604]
[5 605]
Relocation Eligibility and
Payments --------------------------- 28
Computation on Next Highest Type --- 28
E.
- iv -
VII. [!; 700]
VIII. [5 800]
IX. [5 900]
A.
[5 701]
[5 702]
B.
C.
[5 703]
[5 704]
D.
A.
[5 801]
[5 802]
(5 803J
[5 804J
B.
C.
D.
E.
[5 805]
F.
[5 806]
[5 807]
G.
A.
[5 901]
[5 902]
(5 903]
[5 904]
B.
C.
D.
PAGE
REQUIREMENTS PRIOR TO DISPLACEMENT ----- 29
Ninety-Day Notice ----------------- 29
Availability of Comparable
Replacement Dwelling -------------- 29
Determination of Availability ----- 29
Use of Temporary Housing ---------- 29
APPEALS PROCEDURES AND ADMINISTRATIVE
REVIEW --------------------------------- 31
Notification of Claimant ---------- 31
Right of Review ------------------- 31
Review of Files ------------------- 32
Effect of Determination on
Other Persons --------------------- 32
Construction of These Rules
and Regulations ------------------- 32
Right to Counsel ------------------ 33
Judicial Review ------------------- 33
ACQUISITION PROCEDURES ----------------- 34
Just Compensation ----------------- 34
Initiation of Negotiations -------- 34
Appraisal Standards --------------- 34
Contracts to Purchase Real
Property -------------------------- 35
- v -
RELOCATION RULES AND REGULATIONS
I.
[~ 100]
GENERAL
A.
[~ 101]
Purpose
The purpose of these Relocation Rules and Regulations
is to implement the California Relocation Assistance Law
(Government Code, Section 7260 et seq.) and the Guidelines
adopted and promulgated by the California Department of
Housing and Conununity Development (the "Guidelines"), and
to insure that relocation payments and assistance provided
by the Santa Monica Redevelopment Agency (the "Agency") will
be administered in a fair, reasonable, and uniform manner
and will be made as promptly as possible to persons and busi-
nesses displaced as a result of the acquisition of real pro-
perty in a Redevelopment Project (the "Project").
B.
[5 102]
Authori t.,y
These Relocation Rules and Regulations have been adopted
by resolution of the Agency pursuant to Section 7267.8(a) of
the California Government Code, and are consistent with the
California Relocation Assistance Law and the Guidelines.
C.
[~ 103]
Extent of Relocation Payments
The Agency may, also, make any other relocation assis-
tance payment, or may make any relocation assistance payment
in an amount which exceeds the maximum amount for such pay-
ment authorized by these Rules and Regulations, if the making
of such payment, or the payment in such amount, is required
under Federal law to secure Federal funds.
II.
Ul 2003
DEFINITIONS
A.
[~ 201]
Acquisition
"Acquisition" means the acquisition of real property
by the Agency by purchase or by the use of eminent domain.
B.
[~ 202]
Average Annual Net Earnings
"Average annual net earnings" means the net earnings
of the business or farm operation before Federal, State, and
local income tax, during the two taxable years immediately
preceding displacement (or if the business or farm was not
operated that long, such other period as may be approved by
the Agency or its designee), and includes salaries, wages or
other compensation paid by the business or farm operation to
the owner, his spouse or his dependents. If the Agency or
his designee determines that such two year period is not
equitable for establishing earnings, the period used for
determining average net earnings shall be a substitute period
determined by the Agency. In the case of a corporate owner,
earnings shall include any compensation paid to the spouse or
dependents of the owner of a majority interest in the corpora-
tion. For the purpose of determining majority ownership,
stock held by a husband, his wife and their dependent chil-
dren shall be treated as one unit.
c.
[~ 203]
Business
"Business" means any lawful activity, except a farm
operation, conducted primarily:
1. For the purchase, sale, lease, and rental
of personal and real property, and for
the manufacture, processing, or marketing
of products, commodities or any other per-
sonal property;
2. For the sale of services to the public;
3. By a nonprofit organization;
4. Solely for the purposes of Section 501 of
these Relocation Rules and Regulations,
for assisting in the purchase, sale, re-
sale, manufacture, processing or marketing
of products, commodities, personal property,
or services by the erection and maintenance
of an outdoor advertising display regardless
of whether the display is located on the
- 2 -
premises on which any of the above activities
were conducted.
D.
Ui 204]
Comparable Replacement Dwelling
"Comparable replacement dwelling" means a dwelling which
is:
1. Decent, safe, and sanitary, and adequate in
size to accommodate the displaced person
and his family;
2. Functionally equivalent and substantially
the same as the acquired dwelling with
respect to number of rooms, area of living
space, but not excluding newly constructed
housing;
3. In an area not subjected to unreasonable
adverse environmental conditions from either
natural or man-made sources;
4. In an area not generally less desirable than
the area in which the acquired dwelling was
located in regard to (1) neighborhood condi-
tions, including but not limited to municipal
services and other environmental factors, (2)
public utilities and, (3) public and commer-
cial facilities;
5. Reasonably accessible to the displaced per-
son's present or potential place of employment;
6. Available on the private market to the displac-
ed person;
7. Open to all persons regardless of race, color,
religion, sex, or place of national origin,
consistent with the requirements of the Civil
Rights Act of 1964 and Title VIII of the Civil
Rights Act of 1968;
8. Within the financial means of the displaced
person.
E.
[~ 205]
Condominium
"Condonimium" means a combination of co-ownership and
ownership in severalty. It is an arrangement under which
persons in a housing development hold full title to a one-
family dwelling unit, including an undivided interest in
- 3 -
common areas and facilities, and such restricted common
areas and facilities as may be designated.
F.
Ui 206J
Conventional Loan
"Conventional Loan" means a mortgage commonly given by
banks and savings and loan associations to secure advances
on, or the unpaid purchase price of real property, payment
of which is not insured by any agency of the State or Federal
governments.
G.
[5 207]
Date of Initiation of Negotiations
"Date of Initiation of Negotiations" means the day on
which the Agency makes the first personal contact with the
property owner or his representative and furnishes him with
a written offer to purchase the real property.
H.
[5 208]
Decent, Safe, and Sanitary Dwelling
"Decent, safe, and sanitary dwelling" means a dwelling
which is in conformance with the City Housing Codes and the
occupancy standards which conform with that Code, and which
otherwise meet the standards established in the Guidelines.
I.
[5 209]
Displaced Business
"Displaced business" means any business which is discon-
tinued or moves from real property, or which moves its equip-
ment, machinery, or other items of personal property from
real property, as a result of:
1. The acquisition of the real property, in
whole or in part, by the AgencYi or
2. The receipt of a written notice from the
Agency to vacate the real propertYi or
3. The receipt of a written notice from the
Agency to vacate other real property on
which the business is conducted, solely
for the purpose of Sections 301, 501, 505,
and 506 of these Relocation Rules and
Regulations.
J.
[5 210J
Displaced Person
"Displaced person" means any person who moves from real
property, as a result of:
- 4 -
1. The acquisition of the real property in
whole or in part, by the Agency; or
2. The receipt of a written notice from the
Agency to vacate the real property; or
3. The receipt of a written notice from the
Agency to vacate other real property on
which the person conducts a business,
solely for the purpose of Sections 301,
402, and 405 of these Relocation Rules
and Regulations.
K.
[~ 211]
Dwelling
"Dwelling" means a single-family building, a single-
family unit (including a nonhousekeeping unit) in a two-
family or multifamily building, a unit of a condominium or
cooperative housing project, a mobile home, or other resi-
dential unit.
L.
[~ 212]
Family
"Family" means two or more individuals, one of whom is
the head of a household, plus all other individuals regard-
less of blood or legal ties who live with and are considered
a part of the family unit. Where two or more individuals
occupy the same dwelling with no identifiable head of house-
hold, they shall be treated as one family for replacement
housing payment purposes.
M.
[~ 213]
Incidental Expenses
"Incidental Expenses" means reasonable expenses incurred
for evidence of title, recording, fees, and other closing
costs on the purchase of a replacement dwelling.
N.
[~ 214]
Mobile Home
"Mobile home" means a vehicle, other than a motor vehiCle,
designed or used for human habitation, for carrying persons
and property on its own structure, and for being drawn by a
motor vehicle.
o.
[~ 215]
Mortgage
"Mortgage" means such classes of liens as are corrunonly
given to secure advances on, or the unpaid purchase price of,
real property, together with the credit instruments, if any,
secured thereby.
- 5 -
P.
[~ 216]
Moving Expenses
"Moving expense" means the cost of dismantling, dis-
connecting, crating, loading, insuring, temporary storage,
transporting, unloading and reinstalling of personal pro-
perty, including service charges in connection with effect-
ing such installations, and necessary temporary lodging and
transportation of eligible persons. Moving expense shall
not include:
1. Any addition, improvement, alteration or
other physical change in or to any struc-
ture in connection with effecting removal
of personal property from, or reinstalla-
tion in such structure;
2. The cost of construction or improvement
at the new location to replace property
for which compensation was paid in the
acquisition;
3. Any loss of, or damage to, personal pro-
perty caused by the fault or negligence of
the displaced person, his agent, or employee
in the process of moving where insurance to
cover such loss or damage is or was available;
4. Any payment for moving personal property
where such property is purchased as part of
the acquisition;
5. Additional expenses incurred because of liv-
ing in a new location;
6. Cost of moving structures, improvements or
other real property (exclusive of fixtures
and equipment) in which the displaced person
reserved ownership;
7. Improvements to the replacement site;
8. Interest on loans to cover moving expenses;
9. Loss of goodwill;
10. Loss of business or profits;
11. Loss of trained employees;
12. Personal injury;
- 6 -
13. Cost of preparing the application for mov-
ing and related expenses;
14. Modification of personal property to adapt
it to replacement site.
Q.
[5 217]
Nonprofit Organization
"Nonprofit organization" means a corporation, partner-
ship, individual or other public or private entity, engaged
in a business, professional or instructional activity on a
nonprofit basis, necessitating fixtures, equipment, stock in
trade, or other tangible property for the carrying on of the
business, profession or institutional activity on the premises.
R.
[S; 218]
Owner
"Owner" means a person "owns a dwelling" if he:
1. Holds fee title, life estate, a 99 year lease,
or a lease with not less than 50 years to run
from date of acquisition of the property for
the project.
2. Holds an interest in a cooperative housing
project which includes the rights of occupancy
of a dwelling unit therein.
3. Is the contract purchaser of any of the fore-
going estates or interests.
4. Has a leasehold interest with an option to
purchase; or
5. Owns a mobile unit which under State law is
determined to be real property, not personal
property.
s.
u; 219J
Person
"Person" means any individual, partnership, corporation,
or association.
T.
[5 220]
Personal Property
"Personal property" means tangible property which is
situated on the real property vacated or to be vacated by a
displaced person and which is considered personal property
and is noncompensable (other than for moving expenses) under
the state law of eminent domain; and
- 7 -
In the case of a tenant, fixtures and equipment, and
other property which may be characterized as real property
under State or local law, but which the tenant may lawfully,
and at his election determine to move, and for which the
tenant is not compensated in the real property acquisition.
In the case of an owner of real property, the determination
as to whether an item of property is personal or real shall
depend upon how it is identified in the acquisition apprai-
sals and the closing or settlement statement with respect
to the real property acquisition; provided, that no item of
property which is compensable under State and local law to
the owner of real property in the real property acquisition
may be treated as tangible personal property in computing
actual direct losses of tangible personal property.
U.
[5 221]
Prepaid Expenses
"Prepaid expenses" means items paid in advance by the
seller of real property and prorated between such seller and
the buyer of such real property at the close of escrow includ-
ing, but not limited to real property taxes, insurance, home-
owners' association dues and assessment payments.
V.
[5 222]
Public Use
"Public use" means a use for which real property may be
acquired by eminent domain.
W.
[5 223]
Purchases (Re Replacement Housing)
"Purchases" means the acquisition, construction or re-
habilitation of a dwelling, the purchase and rehabilitation
of a substandard dwelling, the relocation or relocation and
rehabilitation of an existing dwelling, or the entering into
a contract to purchase, or for the construction of, a dwell-
ing to be constructed on a site to be provided by a builder
or developer or on a site which the displaced person owns or
acquires for such purpose. Where completion of construction,
rehabilitation, or relocation of a replacement dwelling is
delayed, for reasons beyond control of the displaced person,
occupancy shall be the date the displaced person enters into
a contract for such construction, rehabilitation, or reloca-
tion or for the purchase upon completion, of a dwelling to
be cons"tructed or rehabilitated if, in fact, the displaced
person occupies the replacement dwelling when the construction
or rehabilitation is completed.
Mobile homes must be registered with the California
Department of Motor Vehicles in the name of the claimant~
- 8 -
III.
[~300] RELOCATION ADVISORY ASSISTANCE
A.
[~ 301]
Persons and Businesses to Whom
Relocation Advisory Assistance
Shall Be Provided
The Agency shall provide relocation advisory assistance
to any person or business displaced because of the acquisi-
tion of real property by the Agency. Such relocation
advisory assistance shall also be provided to those persons
who occupy property immediately adjacent to the real property
acquired and who, in the determination of the Agency or its
designee, are caused substantial economic injury by reason of
such acquisition.
B.
[~ 302]
Neighborhood Relocation Office
In providing relocation advisory assistance pursuant to
Section 303, the Agency may, but is not required to, establish
a neighborhood relocation office to assist in obtaining re-
placement facilities for displaced persons and businesses.
C.
[~ 303]
Relocation Advisory Assistance
Relocation advisory assistance to be provided by the
Agency shall include the following:
1. Determining the need, of any of displaced
persons and businesses for relocation
assistance.
2. Providing current and continuing informa-
tion on the availability, prices, and rentals
of comparable decent, safe, and sanitary hous-
ing for displaced persons, and of comparable
commercial properties and locations for dis-
placed businesses.
3. Assuring, that within a reasonable period of
time prior to displacement (to the extent
that it can be reasonably accomplished), there
will be available in areas not generally less
desirable in regard to public utilities and
public and commercial facilities, and at rents
or prices within the financial means of the
families and individuals displaced, decent,
safe, and sanitary dwellings, equal in number
to the number of, and available to, such dis-
placed persons who require such dwellings and
reasonably accessible to their places of
employment.
- 9 -
4. Assisting a displaced business in obtain-
ing and becoming established in a suitable
replacement location.
5. Supplying information concerning federal
and state housing programs, disaster loan
programs, and other federal or state pro-
grams offering assistance to displaced
persons and businesses.
6. Providing other advisory services to dis-
placed persons and businesses in order to
minimize hardships to such persons and
businesses.
D.
Ui 304]
Coordination of Relocation
Assistance Program
The Agency shall coordinate its relocation assistance
program with other work necessitating displacement of persons,
and with activities of other public entities in the City or
nearby areas, for the purpose of planning relocation activi-
ties and coordinating the availability of replacement housing
resources in the implementation of the Agency's relocation
assistance program.
E.
[5 305]
Contracting For Relocation Services
The Agency may enter into a contract with any individual,
firm, association, corporation, or governmental agency having
an established organization for conducting relocation assis-
tance programs, for the performance of providing relocation
advisory assistance required under Section 303.
- 10 -
IV.
[~ 400]
RELOCATION PAYMENTS TO DISPLACED PERSONS
A.
[~ 401]
Eligibility
The Agency shall compensate a displaced person for the
expenses described in Sections 402 or 405, and in Section
406. A displaced person who lives on his business property
may be eligible for both the payments described under this
Section 400 and the payments to a displaced business provid-
ed under Section 500. For the purpose of Sections 402 and
405, the term "displaced person" shall include any person
who moves from real property or moves his family or personal
property from real property (1) as a result of a written
notice from the Agency to vacate, or (2) as a result of the
receipt of a written notice from the Agency to vacate other
real property on which the person conducts a business, or (3)
the subject real property is acquired by the Agency and the
person moved as a result of its acquisition by the Agency.
Applications for benefitp must be made within eighteen (18)
months from the date on which the displaced person moves
from the real property acquired, unless such time is extended
by the Agency or his designee.
B.
[5 402]
Actual Reasonable Expenses in Moving
1.
[5 403]
Allowable Movin9 Ex~enses
A displaced person shall be compensated for the expenses
incurred in moving himself, his family, and personal property
a distance within a 50-mile radius of the City limits. Such
moving expenses shall include:
(a) Transportation of the displaced person,
his family, and personal property from
the acquired site to the replacement
site, and obtaining bids or estimates
for such transportation.
(b) Packing and unpacking, crating and uncrat-
ing of personal property, and obtaining
bids or estimates therefor.
(c) Storage of personal property for a period
not to exceed six (6) months in the event
the Agency determines that such storage
is necessary in connection with relocation.
(d) Insurance premiums covering the loss of
and damage to personal property while in
storage or transit.
- 11 -
(e) Property lost, stolen, or damages in the
process of moving, where insurance to
cover such loss or damage is not avail-
able; provided that such loss, theft, or
damage is not due to the fault or negli-
gence of the displaced person or his
agents or employees.
(f) Disconnection, disassembly, removal, re-
connection, reinstallation, reassembly, and
reestablishment of appliances and similar
items of personal property not acquired as
real property, and of utility services for
such appliances and similar items of per-
sonal property. Prior to payment of any
expenses for removal and reinstallation of
such property, the displaced person shall
agree that such property is personalty and
that the Agency is released from any pay-
ment therefore.
In the event the displaced person accomplishes the move
himself, the amount of the payment to be allowed pursuant to
this Section 402, shall not exceed the estimated cost of mov-
ing commercially. The estimated cost of moving commercially
shall be based on the lowest reasonable bid or estimate from
at least two reputable moving firms submitted by the displaced
person to the Agency prior to the move. The estimated cost of
moving commercially shall include the cost (if any) of obtain-
ing such bids or estimates.
2.
[5 404]
Nonallowable Moving Expenses
and Losses
In no instance shall a displaced person be compensated
for the following:
(a) Additional expenses incurred because of
living in a new location.
(b) Cost of moving structures or other im-
provements in which the displaced person
reserved ownership, except as otherwise
provided by law.
(c) Improvements to the replacement dwelling,
except where required by law.
(d) Interest on loans to cover moving expenses.
(e) Personal Injury.
- 12 -
(f) Payment for search cost in connection
with locating a replacement dwelling.
(g) Cost of preparing the application for
moving and related expenses.
B.
[S; 405]
Payments in Lieu of Actual Reasonable
Expenses in Moving
Any displaced person who moves from a dwelling and who
elects to accept payments authorized by this Section 405 in
lieu of the payments authorized by Section 402, shall
receive:
1. A moving expense allowance, according to
a schedule to be established from time-
to-time by the Agency or its designee
based on reasonable moving cost estimates
not to exceed Three Hundred Dollars ($300.00);
and
2. A relocation allowance of Two Hundred Dollars
($200.00) .
If two or more displaced persons are joint occupants of
one dwelling unit and submit more than one claim, an eligible
claimant for a payment under this Section 405 may be paid
only his reasonable prorated share (as determined by the
Agency) of the total payment applicable to a single tenant.
The total of the payments made to all such claimants moving
from the dwelling unit shall not exceed the total payment
allowed to be made to a single tenant as provided in this
Section.
C.
[S; 406]
Replacement Housing Payments
1.
[S; 407]
Replacement Housing Payments
For Displaced Owner-Occupants
a.
[g 408]
Eligibility
In addition to the payments required by section 402 or
by Section 405, the Agency shall make a payment to a displac-
ed person whose real property is improved with a dwelling
actually owned and occupied by the displaced person for not
less than 180 days prior to the date of initiation of nego-
tiations for the acquisition of the property.
The payment made pursuant to Section 409 shall be made
only to a displaced person who purchases a comparable
- 13 -
replacement dwelling, and who occupies it within one year
subsequent to the date on which he moves from the dwelling
acquired by the Agency, or the date on which he receives
from the Agency final payment of all costs of the dwelling
acquired by the Agency (whichever is the later date) .
Where for reasons of hardship and beyond the control of
such displaced person, such person is unable to occupy the
replacement dwelling within the above time limit, the Agency
or its designee may, at his discretion, extend the time.
For the purposes of this Section 408, the leasing of a con-
dominium for a 99-year period, or for a term which exceeds
the life expectancy of the displaced person (as determined
from the most recent life tables in Vital Statistics of the
United States, as published by the Public Health Service of
c:he Department of Health, Education and Welfare), shall be
deemed a purchase of a condominium.
A displaced person who is determined to be ineligible
for a replacement housing payment pursuant to the require-
ments of this Section may be eligible for a replacement hous-
ing payment under Section 414 of these Relocation Rules and
Regulations.
Amount and Computation of
Replacement Housing P.ayment
For Displaced Owner-Occupants
The total replacement housing payment to be made to a
displaced person shall not exceed Fifteen Thousand Dollars
($15,000.00), and shall be comprised of payments set forth
below:
b.
[5 409]
( 1)
[5 410]
Differential Payments
The Agency, or its designee, shall determine the amount,
if any, which, when added to the acquisition payment equals
the reasonable cost of a comparable replacement dwelling,
provided that such amount shall not exceed the difference
between the acquisition price of the acquired dwelling and
the actual purchase price of the replacement dwelling. If
the displaced person voluntarily purchases and occupies a
decent, safe, and sanitary dwelling at a price less than the
acquisition price of the acquired dwelling, no differential
payment shall be made. The following methods may be used in
determining the payment:
(a) Schedule Method. The Agency may base its payment
on a schedule, which the Agency establishes, of reasonable
acquisition costs for a comparable replacement dwelling based
- 14 -
on a current market analysis sufficient to support deter-
minations of the amount for the type of dwelling to be
acquired; or
(b) Comparative Method. The Agency may use a com-
parative method on which to base its payment by selecting
a dwelling or dwellings most representative of the dwelling
unit acquired, available to the displaced person, and which
meets. the definition of a comparable replacement dwelling.
A single dwelling shall be used only when additional com-
parable dwellings are not available; or
(c) Alternate Method. The Agency, or its designee,
may develop criteria for computing the replacement housing
payments where neither the schedule method nor comparative
method is feasible.
(2)
[!l 411]
Interest Payment
The Agency, or its designee, shall determine the amount,
if any, which will compensate the displaced owner for any
increased interest cost which he is required to pay for
financing the acquisition of a comparable replacement dwelling.
The amount shall be paid only if the acquired dwelling was
encumbered by a bona fide mortgage, which was a valid lien on
such dwelling for not less than 180 days prior to the date of
the initiation of negotiations for the acquisition of such
dwelling. The amount shall be equal to the excess in the
aggregate interest and other debt service costs, including
points paid by the purchaser, of that amount of the principal
of the mortgage on the replacement dwelling which is equal to
the unpaid balance of the mortgage on the acquired dwelling
over the remainder term of the mortgage on the acquired dwell-
ing, reduced to discounted present value. The discount rate
shall be the prevailing interest rate paid on savings deposits
by conunercial banks in the general area in which the replace-
ment dwelling is located.
( 3)
[!i 412]
Incidental Expense Payment
The Agency, or its designee shall determine the amount,
if any, necessary to reimburse a displaced person for actual
reasonable expenses incurred by the displaced owner-occupant
for evidence of title, recording fees, escrow fees and other
closing costs incident to the purchase of the replacement
dwelling normally paid by the purchaser (but not including
prepaid expenses). No reimbursement shall be made for any
fee, cost, charge, or expense which is determined to be a
part of the debt service or finance charge under the Federal
Truth in Lending Act.
- 15 -
c.
Ui 413]
Displaced Persons Who Are
Joint Owner-occupants Of
A Dwelling
The total amount of the replacement housing payment to
be made to displaced persons who were joint owner-occupants
of a dwelling acquired by the Agency shall be limited to
the total amount of the payment applicable for an individual
under Section 407. Such joint owner-occupants may be paid
only their respective reasonable prorated share of the total
payment applicable for an individual.
2.
[~ 414]
Replacement Housing Payments For
Displaced Tenants and Others
a.
[~ 415]
Eligibility
In addition to the payments required by Section 402 or
by Section 405, the Agency shall make a payment to a displac-
ed person who has actually and lawfully occupied the dwelling
from which he is displaced for not less than ninety (90) days
prior to the date of the initiation of negotiations by the
Agency for acquisition of such dwelling, and who is not
eligible to receive the replacement housing payment provided
under Section 407.
b.
[~ 416]
Amount and Computation of
Replacement Housing Payment
For Displaced Tenants and
Others
The total replacement housing payment to be made to dis-
placed tenants and others shall not exceed Four Thousand
Dollars ($4,000.00) for either:
(1) The amount, computed in accordance with
Section 417, necessary to enable the dis-
placed person to lease or rent a compar-
able replacement dwelling for a period
not to exceed four (4) years; or
(2) The amount, computed in accordance with
Section 418, necessary to enable the dis-
placed person to make a down payment
{including incidental expenses) on the
purchase of a comparable replacement
dwelling; provided, that if such amount
exceeds $2,000.00, the displaced person
shall equally match any such amount in
excess of $2,000.00 in making the down
payment.
- 16 -
c.
[~ 417]
Rental Assistance Payment
The amount to be paid to a displaced person to lease
or rent a comparable replacement dwelling shall be computed
by subtracting 48 times the base monthly rental of the dis-
placed person from 48 times the monthly rental which the
displaced person actually pays for a replacement dwelling,
or if lesser, the amount determined by the Agency as neces-
sary to rent a comparable replacement dwelling.
The base monthly rental shall be:
(1) The average monthly rental paid by the
displaced person for the 3-month period
prior to the date of the initiation of
negotiations; or
(2) The average monthly rental during such
3-month period for similar dwellings in
an area not generally less desirable
than that of the dwelling from which such
person was displaced (hereinafter referr-
ed to as the "economic rent") in the
even t:
(a) The average monthly rental paid by
the displaced person is found by
the Agency or its designee to be
substantially higher or lower than
the economic rent; or
(b) The displaced person was the owner
of the dwelling from which he was
displaced.
The comparable monthly rental shall be the amount of
rental determined by the Agency's designee by either of the
following methods:
(1) Schedule Method. In accordance with a schedule to
be established from time-to-time by the Agency's designee
which establishes the average monthly rentals for comparable
replacement housing which are available in the private market
for the various types of dwellings to be acquired; or
(2) Comparative Method. On a case-by-case basis by
determining the average month's rent for one or more dwellings
which have been selected by the Agency or by the displaced
person with the approval of the Agency, and which are more
- 17 -
representative of the acquired dwelling and meet the defini-
tion of comparable replacement housing.
The amount of the rental assistance payment made pur-
suant to this Section 417 shall in no event exceed the
difference between the base rental and the actual monthly
rental paid by the displaced person for a replacement
dwelling.
d.
[5 418]
Purchase Assistance Payment
In the event the displaced person elects to purchase
instead of rent a comparable replacement dwelling, the amount
to be paid to the displaced person to make a down payment and
to cover incidental expenses on such purchase shall not exceed:
(1) The amount required as down payment for
the purchase of a comparable replacement
dwelling. This determination of the
amount necessary for such down payment
shall be based on the amount necessary
for such down payment that would be re-
quired for purchase of the dwelling using
a conventional loan; and
(2) Expenses incident to the purchase of a
comparable replacement dwelling as set
forth in Section 412. The full amount of
a down payment under this Section 418
shall be applied to the purchase price
and such incidental expense of the pur-
chase of the replacement dwelling.
e.
U:i 419]
Limitations and Disbursement Of
Replacement Housing Payment to
Displaced Tenants and Others
(1)
[5 420]
Joint Occupants
The total amount of the replacement housing payment to be
made to displaced persons who were joint occupants of a dwell-
ing acquired by the Agency shall be limited to the total
amount of the payment applicable for an individual under Sec-
tion 414. Such joint occupants may be paid only their reason-
able prorated share of the total payment applicable for an
indi vidual.
(2)
[5 421]
Rental Replacement Housing
In the event the displaced person is not eligible for a
replacement housing payment under Section 406 or if otherwise
- 18 -
eligible but he elects to rent rather than purchase a com-
parable replacement dwelling, the amount of the rental
assistance payment under Sections 416 and 417 shall not
exceed the amount of payment for which such displaced person
would be eligible under Section 407 if he had purchased a
comparable replacement dwelling.
( 3)
[~ 422]
Disbursement of Rental
Replacement Housing
p aymen ts
Rental replacement housing payments in excess of $500.00
shall be made annually in four (4) equal installments, pro-
vided that prior to paying each such installment the Agency
shall verify that the displaced person (so long as he remains
in the general locality) is occupying a comparable replace-
ment dwelling. In unusual circumstances as determined by the
Agency payments may be paid in a lump sum or in other
incremen ts.
- 19 -
v.
[~ 500]
RELOCATION PAYMENTS TO THE DISPLACED
BUSINESSES
The Agency shall compensate the owner of a displaced
business for the expenses described in Sections 501, 505,
and 506, or in Section 507. For the purpose of Sections
501, 505, and 506, the term "displaced business" shall in-
clude any business which is discontinued or moved from
real property, (1) as a result of agency acquisition of
such real property, or (2) as a result of written notice to
vacate from the Agency, or (3) which moves its equipment,
machinery or other items of personal property from real pro-
perty, as a result of the receipt of a written notice from
the Agency to vacate other real property on which the busi-
ness is conducted.
A.
[1; 501]
Actual Reasonable Moving Expenses
1.
[1; 502]
Allowable Moving Expenses
An owner of a displaced business shall be compensated
for the expenses incurred in moving the personal property of
the displaced business a distance within a 50-mile radius of
the City limits. Such moving expenses shall include:
(a) Transportation of the personal property
of the displaced business from the ac-
quired site to the replacement site, and
obtaining bids or estimates for such
transportation.
(b) Packing and unpacking, crating and uncrat-
ing of such personal property; and obtain-
ing bids or estimates therefor.
(c) Storage of such personal property for a
period not to exceed six (6) months (in
the event the Agency determines that such
storage is necessary in connection with
relocation).
(d) Insurance premiums covering the loss and
damage to such personal property while in
storage or transit.
(e) Property lost, stolen or damaged in the
process of moving, where insurance to cover
such loss or damage is not available; pro-
vided that such loss, theft, or damage is
- 20 -
not due to the fault or negligence of
the displaced business or its agents
or employees.
(f) Disconnection, disassembly, removal,
reconnection, reinstallation, reassembly,
and reestablishment of machinery, equip-
ment, and other items of personal proper-
ty and utility services for such machinery,
equipment, and similar items not acquired
as real property; provided that prior to
payment of any expenses related thereto,
the owner of the displaced business shall
be required to agree in writing that such
machinery, equipment, and similar items of
personal property are personalty and that
the Agency is released from any obligation
to make payment for purchase of such
machinery, equipment, and similar items of
property.
2.
[~ 503]
Limitations
The amount permitted to be paid for actual moving expenses
for personal property of a displaced business shall be limited
by the fOllowing considerations:
(a) In the event the owner of the displaced
business accomplishes the move himself,
the amount of payment to be allowed pur-
suant to Section 502 shall not exceed
the estimated cost of moving commercially.
The estimated cost of moving corrunercially
shall be based on the lowest responsible
bid or estimate from at least two reputable
moving firms submitted by the owner of the
displaced business to the Agency prior to
the move. The estimated cost of moving
commercially shall include the cost (if
any) of obtaining such bids or estimates.
(b) In the event an item of personal property
of a displaced business is not moved but
sold and promptly replaced with a compar-
able item, the payments made pursuant to
Sections 501 and 506 shall not exceed the
replacement cost minus the proceeds re-
ceived from the sale, or the estimated
costs of moving, whichever is less.
- 21 -
(c) In the event an item of personal property
of a displaced business is not moved but
abandoned and promptly replaced with a
comparable item, the payments made pursuant
to Sections 501 and 506 shall not exceed
the replacement cost minus the in-use value
of the item of personal property, or the
estimated cost of moving, whichever is less.
(d) In the event personal property of a dis-
placed business to be moved is of low
value and high bulk, and the cost of mov-
ing would be disproportionate in relation
to the value, as determined by the Agency
or its designee, the payments made pursuant
to Sections 501 and 506 shall not exceed
the difference between the amount which
would have been received for such item on
liquidation and the cost of replacing the
same with a comparable item available on
the market. This limitation is specifically
applicable in the case of moving of junk-
yards, stockpiled sand, gravel, minerals,
metals and similar items of personal property.
(e) In the event the cost of moving or relocating
an outdoor advertising display or displays is
determined by the Agency to be equal to or in
excess of the in-place value of the display,
the Agency may elect to acquire such display
or displays as a part of the real property.
3.
[~ 504]
Nonallowable Moving Expenses and
Losses
In no instance shall an owner of a displaced business be
compensated for the following:
(a) Additional expenses incurred because of
conducting business in a new location.
(b) Cost of moving structures or other im-
provements (exclusive of fixtures and
equipment) in which the owner of the dis-
placed business reserved ownership, ex-
cept as otherwise provided by law.
(c) Improvements to the replacement business
site, except where required by law.
- 22 -
(d) Interest on loans to cover moving expenses.
(e) Loss of good will.
( f) Loss of profits.
(g) Loss of trained employees.
(h) Personal injury.
(i) Cost of preparing the application for mov-
ing and related expenses.
B.
[~ 505]
Expenses in Searching for a Replacement
Site For the Displaced Business
An owner of a displaced business shall be compensated for
the actual and reasonable expenses incurred in searching for
a replacement site for the displaced business within a 50-mile
radius of the City limits. The total amount of the payment by
the Agency for such expenses in searching for a replacement
site for the displaced business shall not exceed Five Hundred
Dollars ($500.00). Expenses which qualify for reimbursement
pursuant to this Section 505 may include:
1. The actual expense of transportation,
meals, and lodging away from home.
2. The expense attributable to the time
spent in searching for a replacement
site computed on the hourly wage rate
of the salary or earnings of the owner
of the displaced business or his re-
presentative or employee, but not to
exceed $10.00 per hour.
3. Fees paid to a real estate broker to
locate a replacement site for the dis-
placed business.
C.
[~ 506]
Actual Direct Losses of Tangible
Personal Property of the Displaced
Business
An owner of a displaced business shall be compensated for
the actual direct loss of tangible personal property of the
displaced business attributable to relocating or discontinuing
the displaced business. The total amount of the payment by
the Agency for such actual direct loss of personal property
of the displaced business shall not exceed an amount equal to
- 23 -
the reasonable expenses that would have been required to
move such personal property within a 50-mile radius of the
City limits, as determined by the Agency or its designee.
Subject to said limitation, the actual direct loss of per-
sonal property shall be computed and based on an appraisal
obtained by either the Agency or the owner of the displaced
business (and approved by the other) of either:
1. The in-use value of the personal property
minus the proceeds received from the sale
of such personal property (in the event
the property is sold and not promptly re-
placed with a comparable item of personal
property); or
2. The in-use value of the personal property
in the event the property cannot be sold
and is abandoned and is not promptly re-
placed with a comparable item of property.
The cost of removal of the personal property which is
sold or abandoned shall not be considered as an offsetting
charge in determining the amount of the actual direct loss of
such personal property.
In order to obtain a payment for the actual direct loss
of an item of personal property, the owner of the displaced
business shall make a bona fide effort to sell the item of
personal property for which the loss is claimed at the highest
price offered after reasonable efforts have been made over a
reasonable period of time to interested prospective purchasers.
If the proceeds from the sale are less than the in-use value,
the difference between the proceeds and the in-use value shall
be the amount of actual direct loss of the item of tangible
personal property.
If the item of tangible personal property cannot be sold
and is abandoned, the in-use value shall be the amount of
actual direct loss of the item of tangible personal property.
In the event the item of tangible personal property which is
sold or abandoned is promptly replaced with a comparable item,
no payment for the actual direct loss of such tangible person-
al property shall be made to the owner of the displaced busi-
ness by the Agency; instead, the owner of the displaced busi-
ness shall be paid the amount specified in Section 503(b) or
Section S03(c}.
No payment for the actual direct loss of items of tangible
personal property of a displaced business which are of low
value and high bulk shall be made to the.owner of the displaced
- 24 -
business; instead, the owner of the displaced business shall
be paid the amount specified in section 503{d).
D.
[~ 507]
Payments in Lieu of Moving and Related
Expenses
Any owner who moves or discontinues his business and who
elects to accept the payment authorized by this Section 507
in lieu of the payments authorized by Sections 501 through
506 shall receive a fixed relocation payment in an amount
equal to the "average annual net earnings" of the business.
If a business has no net earnings or has suffered losses dur-
ing the period used to compute the "average annual net earn-
ings", it may nevertheless receive the $2,500.00 minimum pay-
ment described in Section 509 provided that the Agency
determines that such business is in fact a bona fide business.
1.
[~ 508]
Eligibili ty
To be eligible for the payment authorized by Section 507,
the owner of the displaced business shall make available to
the Agency its state income tax records, and/or its financial
statements and accounting records, for audit for confidential
use to determine the amount of the payment authorized by Sec-
tion 507.
No payment shall be made under Section 507, unless the
Agency determines that (I) the business cannot be relocated
without a substantial loss of existing patronage and (2) that
the business is not a part of a commercial enterprise having
at least one other establishment not being acquired, which is
engaged in the same or similar business.
The determination of the loss of existing patronage shall
be made by the Agency only after consideration of all perti-
nent circumstances, including but not limited to the following
factors:
(a) The type of business conducted by the dis-
placed business.
(b) The nature of the clientele of the dis-
placed business.
(c) The relative importance of the present
and proposed location to the displaced
business and the availability of a com-
parable replacement dwelling for the
owner, in the event the owner lives on
- 25 -
the displaced business premises, or moves
as a result of the acquisition of his
business location by the Agency.
In connection with the relocation of a nonprofit organiza-
tion, the use of the term "patronage" shall refer to the per-
sons, community, or clientele served or affected by the activi-
ties of the nonprofit organizations.
In determining whether the displaced business is a part
of a similar business enterprise having at least one other
establishment not being acquired, the Agency shall consider the
following factors:
(a) The extent to which the same premises
and equipment are shared.
(b) The extent to which substantially iden-
tical or intimately interrelated busi-
ness functions are pursued and business
and financial affairs are comingled.
(c) The extent to which such entities are
held out to the public, and to those
customarily dealing with such entities,
as one business; and
(d) The extent to which the same person or
closely related persons own, control or
manage the affairs of the entities.
An outdoor advertising display shall not be entitled to
the payment under Section 507, but shall be limited to the
payment of moving expenses under Section 501 or the cost to
replace said display.
2.
[5 509]
Amount of Payment
The payment made to an owner of a displaced business pur-
suant to Section 507 shall be in an amount not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor more than Ten
Thousand Dollars ($10,000.00).
- 26 -
A.
[5 600]
[~ 601]
MOBILE HOMES
VI.
Purchase of Mobile Homes
The Agency may purchase mobile homes where:
1. The structural condition of the mobile
home is such that it cannot be moved
without substantial damage or unreason-
able cost; or
2. The mobile home is not considered to be
a decent, safe, and sanitary dwelling
unit as defined in Section 210.
B.
[5 602]
Partial Acquisition of Mobile Home Park
Where the Agency determines that a sufficient portion of
a mobile home park is taken to justify the operator of such
a park to move his business or go out of business, the owners
and occupants of the mobile home dwellings not within the
actual taking, but who are forced to move, shall be eligible
to receive the same payments as though their dwellings were
within the actual taking.
c.
[5 603]
Mobile Homes as Replacement Dwellings
A mobile home may be considered a replacement dwelling
provided:
1. The mobile home meets standards of decent,
safe, and sanitary housing;
2. The mobile home is placed in a fixed
location:
a. In a mobile home park which is licensed
and operating under State law; or
b. In a mobile home subdivision wherein
the displaced person owns the lot on
which the mobile home is placed; or
c. On real property owned or leased by
the displaced person in other than a
mobile home subdivision, provided such
placement is in accordance with State
and local laws or ordinances, and pro-
vided such placement was made under
permit from the State or local agency.
- 27 -
D.
[~ 604]
Computation on Next Highest Type
When a comparable mobile home is not available it will
be necessary to calculate the replacement housing payment on
the basis of the next highest type of dwelling that is
available and meets the applicable requirements and stan-
dards, i.e., a higher type mobile home or a conventional
dwelling. "Not available" as used in this Section includes,
but is not limited to, those cases where mobile homes cannot
be relocated in mobile home parks within a reasonable dis-
tance from the place of dislocation because of lack of avail-
able spaces or because of the standards and rules of the
mobile home parks where spaces are available.
E.
[~ 605]
Relocation Eligibility and Payments
The eligibility requirements and general provisions of
Sections 400, 409, and 416 are applicable to owners and
tenants of mobile homes.
- 28 -
VII.
[5 700] REQUIREMENTS PRIOR TO DISPLACEMENT
A.
[5 701]
Ninety-Day Notice
To the greatest extent practicable, no person lawfully
occupying real property shall be required to move from his
dwelling (assuming a comparable dwelling will be available)
or to move his business, without at least 90 days written
notice from the Agency to vacate. After delivery of a 90-
day notice to the person or business to be displaced by the
Agency, the parties may agree in writing to a tenancy which
permits a shorter notice than 90 days to terminate such
tenancy and to require such person to move. If the Agency
permits such person or business to remain on the real proper-
ty acquired by the Agency on a rental basis for a short term
or for a period subject to termination by the Agency on a 90-
day notice, or shorter notice period, the amount of rent re-
quired shall not exceed the fair market value of the property
to a short term occupier.
B.
[5 702]
Availability of Comparable Replacement
Dwelling
No displaced person shall be required to move from his
dwelling because of its acquisition by the Agency, unless
there is a comparable replacement dwelling as defined in Sec-
tion 206 available to that displaced person. The requirement
of this Section 702 shall be deemed to have been satisfied if
the displaced person is offered and refuses (without reason-
able justification) reasonable choices of specifically identi-
fied comparable replacement dwellings which meet the criteria
of Section 206.
C.
[5 703]
Determination of Availability
The determination of availability of a comparable replace-
ment dwelling shall be based on a current survey and analysis
of available replacement housing by the Agency, taking into
account competing demands on available housing.
D.
[5 704]
Use of Temporary Housing
Subject to the prior approval of the Agency or its desig-
nee, a person to be displaced from a dwelling by the Agency,
may be provided temporary housing which is not comparable re-
placement housing as defined in Section 206 in the following
circumstances:
1. In cases of emergency or where such person
is subject to economic hardship or condi-
tions hazardous to his health or safety; or
- 29 -
2. In extraordinary situations where the
absence of such temporary move, the pro-
gress of the program would be substan-
tially delayed if the following conditions
are satisfied:
a. Such temporary housing is decent, safe,
and sanitary and within the financial
means of such person; and
b. The Agency or its designee has determin-
ed that within 12 months of the date of
the temporary move or such longer period
as deemed reasonable by it, comparable
replacement housing meeting the criteria
specified in Section 206 will be avail-
able for occupancy by such displaced per-
son; and
c. Prior to the temporary move such person
will be given a written assurance that
comparable replacement housing meeting
the criteria specified in Section 206
will be available at the earliest possible
time but not later than the date provided
under paragraph 2b. of this Section 704.
The Agency shall continue to furnish to all displaced
persons provided temporary housing under this Section 704, all
relocation assistance required under Section 303.
The eligibility of any displaced person for a payment
under Sections 402 or 405 and under Section 406 shall not be
affected by a move to temporary housing. Any displaced person
provided temporary housing under this Section 704 shall be
entitled to actual reasonable moving expenses into both tem-
porary and permanent housing, and such person may elect to re-
ceive an alternate payment under Section 405 in lieu of actual
reasonable moving expenses.
- 30 -
VIII .
[~800] APPEALS PROCEDURES AND ADMINISTRATIVE
REVIEW
A.
[~ 801]
Notification of Claimant
In the event the Agency denies the eligibility of a per-
son who has made a claim for a relocation payment under these
Rules and Regulations, or disapproves the full amount claimed,
or refuses to consider the claim or its merits on account of
an untimely filing or any other ground, the Agency shall by
written notice inform the person of its determination, the
reasons therefor, and the applicable procedures for obtaining
review of the determination.
B.
[~ 802]
Right of Review
Any person aggrieved by a determination as to eligibility
for, or the amount of, a payment under these Rules and Regula-
tions may have his claim reviewed in accordance with the pro-
cedures set forth below. Any person or class of persons may
see~ review of any schedule with respect to payment under these
Rules and Regulations. The procedures for review are as follows:
(1) Review by Agency Designee. Any person or class of
persons who has a right to seek review (as provided in this
Section 802) may request in writing that the Agency's author-
ized designee, review the matter with the person or persons
making this request. Such designee must be someone other than
the person who made the initial decision, and must have the
authority to revise the initial determination of the claim.
Any such person or class of persons, upon request to the Agency,
shall be afforded the opportunity to make an oral presentation
and to discuss the subject claim or claims with the Agency's
designee. The Agency's designee (other than the person making
the initial decision) shall notify such person or persons in
writing of his decision, reviewing and considering all reason-
ably available evidence. Said notification shall be made
within fifteen (15) days following the date on which the matter
was reviewed with the person or persons making the request for
review.
(2) Review, by Relocation Appeals Board. After review
of the matter by the Agency's designee and receipt of its
decision, or in the event such person or class of persons
has not received notification of the Agency's designee's de-
cision within 30 days after filing the initial request for
review, the person or class of persons may file a complaint
in writing with the Relocation Appeals Board established by
the City. The complaint must be filed within six (6) months
of the date on which the aggrieved person or class of persons
received (or should have received) notification of the Agency's
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decision. The Relocation Appeals Board will promptly hear
all such complaints pursuant to rules and regulations
adopted by the Relocation Appeals Board, and shall deter-
mine if the Agency has complied with applicable provisions
of the California Community Redevelopment Law, the State
Guidelines and, where applicable, Federal regulations. The
Relocation Appeals Board shall, after a public hearing on
the matter, transmit its findings and recommendation to the
Agency Members.
(3) Review by Agency Members. After a public hearing
by the Relocation Appeals Board, and receipt of its findings
and recommendations, the Agency Members shall conduct a hear-
ing on the complaint and shall give such person or class of
persons at least five (5) days written notice prior to hear-
ing the matter. The final determination on review by the
Agency Members shall include, but is not limited to: (a)
the Agency Member's decision on reconsideration of the claim
or claims; and (b) the factual and legal basis upon which its
decision is based, including any pertinent explanation or
rationale. The aggrieved person or class of persons shall be
notified in writing of the decision of the Agency Members
within five (5) days after such decision, which decision shall
be final.
C.
[5 803]
Review of Files
Except for confidential material, and except to the ex-
tent specifically prohibited by law, the Agency shall allow
the aggrieved person or persons to inspect all files and re-
cords bearing on the claim or complaint. The Agency may,
however, impose reasonable conditions on such right to inspect
its files and records.
D.
[5 804]
Effect of Determination on Other
Persons
The principles established in all determinations by the
Agency shall be applied to all similar cases regardless of
whether or not a person has filed a written request for
review.
E.
[5 805]
Construction of These Rules and
Regulations
These Rules and Regulations shall be liberally construed
so as to fulfill the statutory purpose as declared in the
Relocation Assistance Law of "fair and equitable treatment"
in order that displaced persons "not suffer disproportionate
injuries as a result of programs designed for the benefit of
the public as a whole".
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.,
F.
[5 806]
Right to Counsel
The claimant has a right to representation by legal or
other counsel at his own expense at any and all stages of
the proceedings set forth in Sections 801 through 808.
G.
[5 807]
Judicial Review
Nothing in these Rules and Regulations shall in any way
preclude or limit a claimant from seeking judicial review or
receiving a fair and impartial consideration of his claim on
its merits upon exhaustion of such administrative remedies
as are available to him under section 802.
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IX.
[~ 900]
ACQUISITION PROCEDURES
A.
[~ 901]
Just Compensation
Prior to the date of initiation of negotiations for the
acquisition of real property, the Agency or its designee
shall establish just compensation, which in no event shall
be less than the Agency's approved appraisal of the fair
market value of the property. This compensation shall in-
clude recording fees, transfer taxes and prepayment penalties
on existing liens and other similar expenses incidental to
conveying such real property to the Agency.
B.
[~ 902]
Initiation of Negotiations
(1) Statement to be Furnished Owner. When negotiations
for the acquisition of real property are initiated, the owner,
shall be provided with a written statement concerning the pro-
posed acquisition. This statement shall include, as a mini-
mum, the following:
(a) Identification of the real property and
the estate or interest therein to be ac-
quired, including the buildings, struc-
tures, and other improvements on the
land, as well as the fixtures consider-
ed to be part of the real property; and
(b) The amount of the estimated just compen-
sation for the property to be acquired,
as determined by the acquiring agency,
and a statement of the basis therefor.
In the case of a partial taking, damages,
if any, to the remaining real property
shall be separately stated.
(2) Offer to Purchase. The Agency shall make a prompt
offer to purchase the property for the amount contained in
the statement.
C.
[~ 903]
Appraisal Standards
For the purpose of promoting uniformity, the Agency or
its designee shall establish for all programs under its juris-
diction, standards for appraisals used in such programs,
criteria for determining the qualifications of appraisers,
and a system of review by qualified appraisers.
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D.
[5 904]
Contracts to Purchase Real Property
Contracts or options to purchase real property shall
not incorporate provisions for making payments for reloca-
tion costs and related items. Appraisers shall not give
consideration to or include in their appraisals any allow-
ance for these benefits. In the event of a condemnation
action, the estimated compensation shall be determined solely
on the basis of the appraisal value.
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