HomeMy WebLinkAbout379 RDA_CCv0001.pdf RESOLUTION NO. 379
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
APPROVING RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW AND REAL :PROPERTY ACQUISITION
GUIDELINES
BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. The "Rules and Regulations for Implementation of the California Relocation
Assistance and Real Property Acquisition Guidelines" in the form attached hereto as Exhibit "A" are
hereby adopted by the Redlands Redevelopment Agency.
ADOPTED, SIGNED AND APPROVED this 3rd day of August, 2004.
,dhai
ATTEST:
tf {
Seetary
1, Lorne Poyzer, Secretary of the Redevelopment Agency of the City of Redlands,hereby certify that
the foregoing resolution was adopted by the Redevelopment Agency, at a regular meeting thereof,
held on the 3rd day of August, 2004 by the following vote:
AYES: Members Gil, Gilbreath, George, Harrison; Chairman Peppler
NOES: None
ABSENT: None
ABSTAIN: None
Sec tare
L
�/
City of Redlands and the
Redevelopment Agency of
the City of Redlands
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDELINES
DATE ADOPTED: AUGUST 3, 2004
10
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RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW AND
REAL PROPERTY ACQUISITION GUIDELINES
TABLE OF CONTENTS
I. [§ 1001 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. [§ 101] Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. [§ 1021 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . 1
C. [§ 103] Effective Date; Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
D. [§ 104] Extent of Relocation Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. [§ 105] Exemptions from Relocation Assistance Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
F. [§ 106] Priority of Federal Law and Federal Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
G. [§ 107] Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
11. [§ 200] DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. [§ 201]Acquisition/Acquires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. [§ 202]Adequate Replacement Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. [§ 203)Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D. [§ 204]Appeals Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
E. [§ 205]Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
F. [§ 206] Average Annual Net Earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
G. [§ 207]Average Monthly Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
H. [§ 2081 Base Monthly Rental Housing Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1. [§ 209] Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
J. [§ 2101 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
K. [§ 211 Comparable Replacement Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
L. [§ 212] Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
M. [§213] Date of Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
N. [§ 214] Decent, Safe and Sanitary Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
O. [§ 2151 Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
P. [§ 216] Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Q. [§ 217] Displaced Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
R. [§ 2181 Displaced Farm Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
S. [§219] Displaced Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
T. [§ 220] Displaced Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
U. [§ 221] Displacing Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
V. [§ 222] Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
W. [§223] Economic Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
X. [§224] Elderly Household . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Y. [§ 225] Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Z. [§226) Farm Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
AA. [§227] Federal Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
BB, [§2281 Gross Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CC. [§229] Handicapped Household . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
DD. [§ 230) Initiation of Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
EE. [§ 231] Last Resort Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
FF. [§232] Manufactured Hume or Mobile Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
GG, [§ 233] Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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HK [§ 234] Nonprofit Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11. [§ 235]Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
JJ. [§236] Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
KK. [§237] Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
LL. [§ 238] Post-Acquisition Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
MM. [§ 239] Prepaid Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
NN. [§ 240] Public Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
00. [§ 241] Small Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PP. [§ 242]Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
QQ. [§ 243] Unlawful Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Ill. 300] RELOCATION ADVISORY ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A. [§ 301]Advisory Assistance to be Provided by the Displacing Agency. . . . . . . . . . . . . . . . . . 17
B. [§ 302] Information Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
1. [§303] General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2. [§ 304] Information Statement for Relocation Assistance . . . . . . . . . . . . . . . . . . . . . 19
3. [§ 305] Notice of Eligibility Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4. [§306] Language of Information Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5. [§307] Method of Delivery of Informational Material . . . . . . . . . . . . . . . . . . . . . . 22
C. [§ 308] Determination of Relocation Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1. [§ 309] Interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
a. [§ 310] Information to be Obtained from Residential Owner-Occupants
or Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
b. [§ 311] Coordination with Other Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
c. [§ 312] Interview after Person Moves Without Notice . . . . . . . . . . . . . . . . . 23
2. [§ 313] Relocation Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3. [§ 314] Updating Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
D. [§ 315] Relocation Site Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
E. [§316]Contracting for Relocation Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
F. [§ 317] Coordination of Relocation Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
G. [§318] Relocation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
1. [§ 319] Requirement Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2. [§ 320] Contents of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3. [§ 321] Review of Relocation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4. [§322] Conformance to General Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5. [§323] Update of Relocation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
H. [§324] Move to Substandard Dwelling Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
I. [§325]Waiver of Requirement for Replacement Dwelling Prior to Displacement . . . . . . . . . . 27
IV. 4001 ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS;
LAST RESORT HOUSING . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
A. [§401] Survey and Analysis of Available Comparable Replacement Dwellings . . . . . . . . . . . 28
1. [§ 402] Requirement Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2. [§ 403] Determining Number of Comparable Replacement Dwellings . . . . . . . . . . . . 28
3. [§ 404] Written Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4. [§405] Review of Survey Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5. [§406] Referrals of Replacement Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
B. [§407] Determination of Need for Last Resort Housing; Replacement Housing Plan 30
1 [§408] Replacement Housing Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2. [§409] Replacement Housing Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. [§410] Submission of Plan for Comment . . . . . . . . . . . . . . . . . . . . . .i. . . . . . . 32
4. [§411] Determination by Displacing Public Entity of Feasibility and Compliance 32
5. [§412] Implementation of the Replacement Housing Plan . . . . . . . . . . . . . . . . . . . . 33
& [§413] Last Resort Housing Alternatives . 34
7. [§414] Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . 35
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8. [§415] Conformity with Statutes and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
w, 9. [§416] Conformity with Federal Program Requirements . . . . . . . . . . . . . . . . . . . . . . 35
10. [§ 4171 Monitoring Housing Production
11. [§418] Retention of Benefits Upon Move to Last Resort Housing . . . . . . . . . . . . . . 35
12. [§ 4191 Post-Acquisition Tenants . . . . . . . . . . .
V. [§ 5001 TEMPORARY RELOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
A. [§ 501]Temporary Replacement Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
B. [§ 502] Payments and Assistance for Short-Term Relocation of Tenants
in Rental Rehabilitation Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
VI. [§600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 38
A. [§ 601] Payments Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
B. [§.602]Actual Reasonable Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
C. [§ 603]Alternate Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
D. [§ 604] Replacement Housing Payments for Displaced Homeowners . . . . . . . . . . . . . . . . . . 39
1. [§605]Amount of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
2. [§606] Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
3. [§607] Computation of Replacement Housing Payment . . . . . . . . . . . . . . . . . . . . . . 41
a. [§ 608] Reasonable Cost of Comparable Replacement Dwelling . . . . . . . . . 41
b. [§ 609] Increased Interest Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
c. [§ 610]Expense Incidental to the Purchase of the Replacement Dwelling . . 42
4. [§611] Multi-Family Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5. [§612] Homeowner Retention of Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
6. [§613] Lease of Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
E. [§ 614] Replacement Housing Payments for Tenants and Certain Others . . . . . . . . . . . . . . . 43
1. [§6151 Amount of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
2. [§616] Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
3. [§ 617] Computation of Replacement Housing Payment . . . . . . . . . . . . . . . . . . . . . . 45
a. [§ 618] Rent Differential Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
b. [§ 6191 Downpayment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4. [§620] Rental Payments for Displaced Homeowners and Dependents . . . . . . . . . . 47
a. [§ 621] Homeowners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
b. [§ 622] Dependents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
F. [§ 623] Payments to Residents Displaced from Manufactured Homes and Mobile Homes . . 47
1. [§624] Payments Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
2. [§ 6251 Moving Expenses: Retention and Move of Manufactured Home
or Mobile Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
3. [§626] Replacement Housing Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
G. [§627] Proration of Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
H. [§ 628] Payment After Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
VII. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES . . . . . . . . . . . . . . . . . . . . . . . . 51
A. [§ 701] Payments Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
B. [§ 702] Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
1. [§703]Actual Reasonable Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
2. [§704]Actual Direct Loss of Tangible Personal Property . . . . . . . . . . . . . . . . . . . . . 53
3. [§705]Actual Reasonable Expenses in Searching or a Replacement Business . . . 54
C. [§ 7061 Actual Reasonable Expenses To Reestablish A Small Business
or Nonprofit Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
D. [§ 707]Alternate Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
1. [§708] Determination of Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
a. [§ 709]Amount of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
b. [§ 710] Determination of Number of Businesses . . . . . . . . . . . . . . . . . . . . . 56
f
2, [§711] Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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a. [§712] Business . . . . . . . . . . . . . . . . . . . 57
b. [§ 713] Nonprofit Organizations . . . . . . . . . . 58
3. [§714] Loss of Goodwill . . . . . . . . . . . . . . . . . . . 58
Vill. [§ 800] CITIZEN PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
A. [§801]General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
B. [§802] Relocation Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
C. [§ 803] Replacement Housing Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
IX. [§ 900] CLAIM AND PAYMENT PROCEDURES;
TERMINATION OF RELOCATION ASSISTANCE . . . . . . . . . . . . . . . . . . . . 61
A. [§ 901] Filing of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
B. [§ 902] Documentation in Support of Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1. [§903] Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
a. [§ 904] Commercial Moves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
b. [§ 9051 Self-Moves - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
c. [§ 906] Exemption from Public Utilities Commission Regulations . . . . . . . . . 61
2. [§907] Loss of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
3. [§ 908] Proof of Earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
C. [§ 909] Payment of Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1. [§910]Advance Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
2. [§911] Direct Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 62
3. [§912] Methods Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
D. [§ 913] Payments for Replacement Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
1. [§914] Payment for Purchase of Comparable Replacement Dwelling . . . . . . . . . . . 63
a. [§ 915] Disbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
b. [§ 916] Provisional Payment Pending Condemnation . . . . . . . . . . . . . . . . . . 63
c. [§ 917] Certificate of Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
2. [§918] Rent Differential Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
E. [§ 919]Termination of Relocation Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
X. 1000] GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
A. [§ 1001] Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
B. [§ 1002] Right of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
C. [§ 1003] Request for Further Written Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
D. [§ 1004] Informal Oral Presentation . . . . . . . . . . . . . . . . . . . . . . . . . . 65
E. [§ 1005]Written Request for Review and Reconsideration . . . . . . . . . . . . . . . 66
F. [§ 1006] Formal Review and Reconsideration by Director . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
G. [§ 10071 Appeals Board Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
H. [§ 1008] Determination by City Council or Agency Board . . . . . . . . . . . . . . . . . . 68
1. [§ 1009]Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
J. [§ 1010] Review of Files By Claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
K. [§ 1011] Effect of Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
L. [§ 1012] Right to Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
M. [§ 1013] Further Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
N. [§ 1014]Joint Complainants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
0. [§ 1015]Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Xl.[§ 1100] ACQUISITION PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
A. [§ 1101]Acquisition of Property by Negotiation . . . . . . . . . . . . . 71
B. [§ 1102]Appraisal of Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
C. [§ 1103] Notice of Decision to Appraise . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
1. [§ 1104] Contents of Notice . . . . . . . . . . . . . . . . 71
2. [§ 1105] Information Statement: Property Acquisition Procedures 72
D. [§ 1106] Prior to Making an Offer to Purchase 73
d)m\yrisc',Red1ar,dS acquisition Rules&Regs.wpd
1. [§ 1107] Record Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
2.[§ 1108] Occupants . . . . . . . . . . . . . . . . . . . . . . 73
1 [§ 1109] Notices to Contact Owner . . . . . . . . . . . . . . . . . . . . . . . . . 74
4. [§ 1110] Identity and Address of Owner 74
E. [§ 1111] Establishment of Just Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
F. [§ 1112] Uneconomic Remnant; Donation of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
G. [§ 1113] Initiation of Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
1. [§ 1114] Written Offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
2. [§ 1115] Statement of the Basis of Just Compensation . . . . . . . . . . . . . . . . . . . . . . 76
H. [§ 1116] Right to Obtain Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
1. [§ 1117) Loss of Goodwill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
J. [§ 1118] Compensation for Loss of Goodwill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
1. [§ 1119] Compensation Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
2. [§ 1120] Notice of Intent to Claim Loss of Goodwill . . . . . . . . . . . . . . . . . . . . . . . . . . 79
3. [§ 1121] Conference to Discuss Eligibility to Receive Compensation
for Loss of Goodwill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
4. [§ 1122] Business Records; Authorization to Negotiate . . . . . . . . . . . . . . . . . . . . . . 79
5. [§ 1123] Calculation of Net Amount of Just Compensation
for Loss of Goodwill for Negotiation Purposes . . . . . . . . . . . . . . 80
6. [§ 1124] Eminent Domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
K. [§ 1125] Negotiations; Eminent Domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
L. [§ 1126] Notice of Decision Not to Acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
M. [§ 11271 Incidental Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
N. [§ 1128] Purchase Price as Public Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
O. [§ 1129] Service of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
XII. 1200] PROPERTY MANAGEMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
A. [§ 1201] Short Term Rental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
B. [§ 1202] Notice to Vacate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
C. [§ 1203] Eviction . . . . . . . . . . . . . . . . . . . . . . 83
D. [§ 1204] Status of Post-Acquisition Tenants . . . . . . . . . . . . . . . . . . . . . . 84
1. [§ 1205] Notice of Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
2. [§ 1206] Notice to Vacate . . . . . . . . . . . . . . . . . . . . . 84
3. [§ 1207] Eligibility for Relocation Assistance and Payments . . . . . . . . . . . . . . . 84
4. [§ 1208] Move from Permanent Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
EXHIBIT"A" - Model Relocation Plan
EXHIBIT"B" - Relocation Assistance Appeal Complaint Form
c4m\n-asc\Redlands Acquisition Rules&Regs,,Apd
vy RULES AND REGULATIONS
FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW
AND
REAL PROPERTY ACQUISITION GUIDELINES
I. [§ 100] GENERAL
A. [§ 101] Purpose
The purpose of these Rules and Regulations is to implement the California
Relocation Assistance Law, Government Code, (§)7260, et seq. (the "Law") and the
Relocation Assistance and Real Property Acquisition Guidelines adopted by the
Department of Housing and Community Development, Title 25, California Code of
Regulations, §6000 et. seq. (the "Guidelines").
The Rules and Regulations are designed to carry out the policies of the Law and
Guidelines with respect to activities of the City of Redlands (the "City") and the
Redevelopment Agency of the City of Redlands (the"Agency"). For the purposes of these
Rules and Regulations, the term "Displacing Agency", individually or collectively, shall
mean the City or Agency, as may be applicable.
B. [§ 102] Authority
These Rules and Regulations have been adopted by resolution of the Displacing
Agency pursuant to §7267.8(a) of the California Government Code, and are in conformity
with the Law and Guidelines.
C. [§ 103] Effective Date; Applicability
The effective date of these Rules and Regulations shall be the date of their adoption
by the Displacing Agency. These Rules and Regulations supersede all other Rules and
Regulations for Relocation and Acquisition of Real Property previously adopted by the
Displacing Agency provided, however, that these Rules and Regulations shall not be
construed to apply retroactively to actions undertaken by the Displacing Agency prior to
their adoption.
In the event there are conflicts between these Rules and Regulations and applicable
state and federal laws or regulations, the applicable state or federal laws or regulations
shall control and these Rules and Regulations shall be deemed amended accordingly.
djmknusc',Redlands Acquisition Rules&Regs,wpd
A- Nothing in these Rules and Regulations shall require, or be construed to require the
Displacing Agency to provide any relocation or other assistance, payments, or benefits, or
to provide any notices, or to follow any procedures, beyond that required by the Law or
Guidelines. No greater rights or obligations beyond those set forth in the Law and
Guidelines are created or conferred by these Rules and Regulations.
D. [§ 104] Extent of Relocation Payments
The Displacing Agency shall provide relocation assistance and relocation payments,
required by law, including such assistance that may be required by federal law for projects
financed by the federal government. In addition, the Displacing Agency may, in its sole
and absolute discretion, and without establishing any precedent, make any additional
relocation payments which in the Displacing Agency's opinion may be reasonably
necessary under the circumstances of the particular case to carry out the purposes of a
project. Such payments shall be subject to the availability of funds for such purposes;
provided, however, that even if such funds are available, the Displacing Agency shall be
under no obligation to provide additional assistance or payments unless it determines
otherwise in its sole and absolute discretion.
E. [§ 105] Exemptions from Relocation Assistance Payments
The requirement to provide relocation assistance and benefits shall not apply to a
purchase of real property which is offered for sale by the owner, property being sold at
execution or foreclosure sale, property being sold pursuant to court order or under court
supervision, or purchases to which §7267.2 of the Act is not applicable. "Offered for sale"
means directly offered by the landowner to the Displacing Agency for a specified price in
advance of negotiations by the Displacing Agency, and/or offered for sale to the general
public at an advertised or published specific price set no more than six months prior to, and
still available at the time the Displacing Agency initiates contact with the owner regarding
the public entity's possible acquisition of the property.
F. [§ 106] Priority of Federal Law and Federal Projects
If the Displacing Agency engages in an acquisition with federal financial assistance
that results in a relocation of a Displaced Person, the Displacing Agency shall make
relocation assistance payments and provide relocation advisory assistance as required
under the applicable federal law.
G. [§ 107] Severability
If any provision of these Rules and Regulations or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the Rules and Regulations which can be given effect without the invalid
provision or application, and to this end, the provisions of the Rules and Regulations are
severable.
4irWmsoRedlands Acquisition Rules&ReRs,wpd
6� 11. [§ 200] DEFINITION
A. [§ 201] Acquisition/Acquires
"Acquisition"or"acquires"means obtaining ownership or possession of real property
by purchase, eminent domain, or any other lawful means.
B. [§ 202] Adequate Replacement Dwelling
"Adequate replacement dwelling" means a dwelling that meets all of the criteria for
a comparable replacement dwelling, except with respect to the number of rooms, amount
of habitable living space, and type of construction. The dwelling need be only adequate,
not comparable.
C.,[§ 203] Agency
"Agency"means the Redevelopment Agency of the City of Redlands,organized and
existing underthe Law of the State of California,and any Agency personnel or consultants,
who may be assigned the duties and responsibilities for implementing the Relocation Law
and {guidelines pursuant to these Rules and Regulations.
D. [§ 204] Appeals'Board
"Appeals Board" means the Redlands Relocation Appeals Board. The Appeals
Beard is constituted to hear appeals on complaints from a displaced person {as defined
in §213} who believes he or she is aggrieved by an administrative determination by the
Displacing Agency as to eligibility for assistance or the amount of payment relating to
relocation resulting from any displacement activity undertaken by the Displacing Agency.
The Appeals Board shall be constituted and administered pursuant to the California
Community Redevelopment Law, Health and Safety Code, §33417.5, which provides that
there shall be five members of the Appeals Board who shall be appointed by the Mayor,
subject to approval of the City Council. The Executive Director of the Displacing Agency
or his or her authorized designee shall be the Secretary of the Appeals Board. The
Secretary shall not be a member of the Appeals Board and shall not vote or participate on
any matter brought and heard before the Appeals Board.
E. [§ 205] Appraisal
"Appraisal" means a written statement independently and impartially prepared b
a qualified appraiser setting forth an opinion of defined value of an adequately described
d \rnis6Redlands Acquisition Rules&Reggs. pd
property as of a specific date, supported by the presentation and analysis of relevant
IS I
market information.
F. [§ 206] Average Annual Net Earnings
"Average annual net earnings" means one-half of any net earnings of a business
before federal, state and local income taxes, during the two taxable years immediately
preceding the taxable year in which such business moves from the real property being
acquired, or during such other two year period as the Displacing Agency determines to be
more equitable for establishing such earnings, and includes any compensation paid by the
business to the owner, owner's spouse or owner's dependents during such period.
For the purpose of determining the average annual net earnings of the"owner," the
term "owner" as used herein includes the sole proprietor in a sole proprietorship, the
principal parties in a partnership, and the principal stockholders of a corporation, as
determined by the Displacing Agency. For purposes of determining a principal stockholder,
stock held by a person, the person's spouse and their dependent children will be treated
as one unit.
G. [§ 2071 Average Monthly Income
For the purpose of determining Base Monthly Rental Housing Costs, "average
monthly income" means the displaced person's annual gross income (as defined in §228)
divided by twelve.
H. [§ 208] Base Monthly Rental Housing Costs
"Base Monthly Rental Housing Costs" for an acquired dwelling is the lesser of the
average monthly rental paid by the Displaced Person for the three month period prior to
the initiation of negotiations or 30°lam of the displaced person's average gross monthly
income. In case of an owner-occupant or other person who does not pay rent, the
Economic Rent of the acquired dwelling (as defined §223) is used instead of the average
monthly rental to calculate base monthly rental.
I. [§ 209] Business
"Business" means any lawful activity, except a farm operation, provided such lawful
activity is not in unlawful occupancy (as defined in §243), conducted for any of the
following:
1. Primarily for the purchase, sale, lease, or rental of personal and real
property, and for the manufacture, processing, or marketing of
products, commodities or any other personal property;
2. Primarily for the sale of services to the public;
do
djmVni c\Redlands Acgwsitjon Rules&Regs.wpd — 4 -
3. Primarily by a nonprofit organization; or
P e _
4. Solely for the purpose of a moving expense payment (see §702 of
these Rules and Regulations), for assisting in the purchase, sale,
resale, manufacture, processing or marketing of products,
commodities, personal property or services by the erection and
maintenance of an outdoor advertising display, whether or not such
display is located on the premises on which any of the above activities
are conducted.
J. [§ 210] City
"City" means the City of Redlands organized and existing under the Law of the State
of California and any City personnel.
K. [§ 2111 Comparable Replacement Dwelling
"Comparable replacement dwelling" is a dwelling which satisfies all of the following
standards:
1. Is decent, safe and sanitary (as defined in §214), and comparable to
the acquired dwelling with respect to number of rooms, habitable
living space and type and quality of construction, but not lesser in
rooms or living space than is necessary to accommodate the
displaced person. Comparability under this paragraph shall not
require strict adherence to a detailed feature-by-feature comparison.
While a comparable replacement dwelling need not possess every
feature of the displacement dwelling, the principal features must be
present.
2. Is 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 person's present or potential place of employment;
provided that a potential place of employment may not be used to
satisfy the accessibility requirement if the displaced person objects.
The Act, Guidelines, and these Rules and Regulations do not require
that the replacement dwelling be generally as desirable as the
acquired dwelling with respect to environmental characteristics.
Although a displaced person does not have to accept a dwelling
subject to unreasonable adverse environmental conditions, neither is
a public entity required to duplicate environmental characteristics,
djnf nis xRedlands Acquisition Rules&Reps wpd - J -
such as scenic vistas or proximity to the ocean, lakes, rivers, forests
rw or other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be
made to relocate such person within or near to his existing
neighborhood. Whenever practicable the replacement dwelling shall
be reasonably close to relatives, friends, services or organizations
with whom there is an existing dependency relationship.
3. Is 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 or any other applicable state or federal anti-
discrimination law.
4. To the extent practicable and where consistent with Paragraph 1 of
this section, is functionally equivalent and substantially the same as
the acquired dwelling, but not excluding newly constructed housing.
5. For renters, a replacement dwelling is within the financial means of a
displaced person if the rental cost (including utilities and other
reasonable recurring expenses), minus any replacement housing
payment available to the person (as provided in §604 and§614) does
not exceed thirty percent (30%) of the person's average monthly
income (as defined in §206 and §228).
For homeowners,a replacement dwelling is within the financial means
of a displaced person if the purchase price of the dwelling including
related increased interest costs and other reasonable expenses
including closing costs (as described in §604) does not exceed the
total of the amount of just compensation provided for the dwelling
acquired and the replacement housing payment available to the
person (as provided in §604).
If the dwelling which satisfies these standards is not available, the
Displacing Agency may consider a dwelling which exceeds them.
L. [§ 212] Condominium
°Condominium° means combination of co-ownership and ownership in severalty.
It is an arrangement under which persons in a housing development hold full title to a
one-family dwelling unit, including an undivided interest in common areas and facilities,and
such restricted common areas and facilities as may be designated.
t w
V` djtn'musORedlands Acquisition Rules&Regs.upd — 6 —
M. [§ 2131 Date of Acquisition
The date on which the deed or other conveyance to the real property being acquired
by the Displacing Agency is recorded in the office of the County Recorder, or the date on
which the Displacing Agency is entitled to possession of the real property pursuant to an
order of the County Superior Court in an eminent domain proceeding.
N. [§ 214] Decent, Safe and Sanitary Housing
A dwelling which meets with all the following minimum requirements. Exceptions
may be made by the Displacing Agency for unusual circumstances or in unique geographic
areas.
1. Conforms with all applicable provisions for existing structures that
have been constructed under state or local building, plumbing,
electrical, housing and occupancy codes and similar ordinances or
regulations.
2. Has a continuing and adequate supply of potable water.
3. Has a kitchen or an area set aside for kitchen use which contains a
sink in good working condition connected to hot and cold water and
to an adequate sewage system. The kitchen or kitchen area shall
have utility service connections and adequate space for the
installation of a stove and a refrigerator.
4. Has an adequate heating system in good working order which will
maintain a minimum temperature of 70 degrees in all habitable
rooms.
5. Has a bathroom, well-lit and ventilated and affording privacy to a
person within it, containing a lavatory basin and a bathtub or stall
shower, properly connected to an adequate supply of hot and cold
running water, and a flush closet, all in good working order and
properly connected to a sewage disposal system.
6. Has an adequate and safe wiring system for lighting and other
electrical services.
7. Is structurally sound, weather tight, in good repair and adequately
maintained.
8. Has a safe unobstructed means of egress leading to safe open space
at ground level which conforms to building and fire codes.
AN'
d,mrnisoRediands Acquisition Rules&Rees.upd - 7 -
A 9. Has at least one room which shall have not less than 150 square feet
of floor area. Other habitable rooms, except kitchens, shall have an
area of not less than 70 square feet. Where more than two persons
occupy a room used for sleeping purposes, the required floor area
shall be increased at the rate of 50 square feet for each occupant in
excess of two. The floor space is to be subdivided into sufficient
rooms to be adequate for the family. All rooms must be adequately
ventilated. Habitable floor space is defined as that space used for
sleeping, living, cooking, or dining purposes and excludes such
enclosed places as closets, pantries, bath or toilet rooms, service
rooms, connecting corridors, laundries and unfinished attics, foyers,
storage spaces, cellars, utility rooms and similar spaces.
A decent, safe and sanitary sleeping room is one which includes the minimum
requirements contained in paragraphs 1,4, 5, 6, 7, and 8 above and at least 70 square feet
of habitable floor space for the first occupant and 50 square feet of habitable floor space
for each additional occupant.
When the term"decent,safe and sanitary" is interpreted under local, state or federal
law as establishing a higher standard, the elements of that higher standard, which exceed
the provisions of this section, are incorporated herein. A unit which is occupied by no more
than the maximum number of people allowed under the State Building Code shall be
considered to be in compliance with the occupancy provisions of this section.
A decent, safe, and sanitary mobile home is one which conforms to the minimum
requirements prescribed by state laws and rules and regulations promulgated pursuant
thereto and bears the insignia of approval issued by the State of California, Department
of Housing and Community Development.
0. [§ 215] Department
"Department" means the California Department of Housing and Community
Development.
P. [§ 216] Director
"Director" means that person in charge of the Displacing Agency that will be
responsible for the displacement of any individual, family, business, or non-profit
organization for a public use.
Q. [§ 217] Displaced Business
dniMusc\Redlands Acquisition Rules&Revs.wpd -
y._. "Displaced business" means any business which qualifies as a displaced person
under §219 hereof.
R. [§ 218] Displaced Farm Operation
"Displaced farm operation"means any farm operation which qualifies as a displaced
person under §219 hereof.
S. [§ 219] Displaced Person
1. "Displaced Person" means both of the following:
a. Any person who moves from real property, or who moves his
or her personal property from real property, either:
(1) As a direct result of a written notice of intent to acquire
by the Displacing Agency or the acquisition of the real
property, in whole or in part, for a program or project
undertaken by the Displacing Agency or by any person
having an agreement with or acting on behalf of the
Displacing Agency, or as a result of a written order from
the Displacing Agency to vacate the real property, or
(2) As a direct result of the rehabilitation, demolition or
other displacing activity undertaken as the Displacing
Agency may prescribe under a program or project
undertaken by the Displacing Agency, of real property
on which the person is a residential tenant or conducts
a business or farm operation as a lawful occupant, in
any case in which the displacement, except as provided
in Government Code Section 7262.5 (see paragraph 3
of this Section), lasts longer than 90 days.
For purposes of this section, "residential tenant"
includes any occupant of a residential hotel unit, as
defined in subdivision (b) of §50669 of the California
Health and Safety Code, and any occupant of employee
housing, as defined in §17008 of the California Health
and Safety Code, but shall not include any person who
has been determined to be in unlawful occupancy of the
displacement dwelling.
b. Solely for the purpose of Government Code§7261 and§7262,
any person who moves from real property, or moves his or her
personal property from real property, either:
dpenusc Redlands Acgwsaion Rules 8 Regs_wpd - 9 -
(1) As a direct result of a written notice of intent to acquire
or the acquisition of other real property, in whole or in
part, on which the person conducts a business or farm
operation, for a program or project undertaken by the
Displacing Agency.
(2) As direct result of the rehabilitation, demolition, or other
displacing activity as the Displacing Agency may
prescribe under a program and project undertaken by
the Displacing Agency, of other real property on which
the person conducts a business or farm operation, in
any case in which the Displacing Agency determines
that the displacement is permanent.
2. The definition contained in this section shall be construed so that
persons displaced as a result of a Displacing Agency action, receive
relocation benefits in cases where they are displaced as a result of an
owner participation agreement or an acquisition carried out by a
private person for or in connection with a public use where the
Displacing Agency is otherwise empowered to acquire the property to
carry out the public use.
Except persons or families of low and moderate income, as defined
in §50093 of the Health and Safety Code, who are occupants of
housing that was made available to them on permanent basis by the
Displacing Agency and who are required to move from the housing,
"displaced person" shall not include any of the following:
(a) Any person who has been determined to be in unlawful
occupancy of the displacement dwellings.
(b) Any person whose right of possession at the time of
moving arose after the date of the Displacing Agency's
acquisition of the real property.
Any person who has occupied the real property for the
purpose of obtaining assistance under these Rules and
Regulations.
(d) In any case in which the Displacing Agency acquires
property for a program or project (other than a person
who was an occupant of the property at the time it was
acquired), any person who occupies the property for a
period subject to termination when the property is
needed for the program or project.
djrn'mvsc\Red1ands Acquisition Rules&Regs,wpd — 10 —
3. A person residing in any rental project who is displaced from the
project for a period of one year or less as part of a rehabilitation of
that project, that is funded in whole or in part by the Displacing
Agency, shall not be deemed a "displaced person" for purposes of
these Rules and Regulations. This section shall be applicable if all of
the following criteria are satisfied:
a. The project is a "qualified affordable housing preservation
project,"which means any complex of two or more units whose
owners enter into a recorded regulatory agreement, having a
term for the useful life of the project, with any entity for the
provision of project rehabilitation financing. For this purpose,
the regulatory agreement shall require the owner and all
successors and assigns of the owner,as long as the regulatory
agreement is in effect, that at least forty-nine (49) percent of
the tenants in the project shall have, at the time of the
recordation of the regulatory agreement, incomes not in
excess of sixty (60) percent of the area median income,
adjusted by household size, as determined by the appropriate
agency of the state. In addition, a project is a qualified
affordable housing preservation project only if the beneficiary
of the regulatory agreement elects this designation by so
indicating on the regulatory agreement.
b. The resident is offered the right to return to his or her original
unit, or a comparable unit in the same complex if his or her
original unit is not otherwise available due to the rehabilitation,
with rent for the first twelve (12) months subsequent to that
return being the lower of the following: up to five (5) percent
higher than the rent at the time of displacement; or up to thirty
(30) percent of household income.
C. The estimated time of displacement is reasonable, and the
temporary unit is not unreasonably impacted by the effects of
the construction, taking into consideration the ages and
physical conditions of the members of the displaced
household.
d. All other financial benefits and services otherwise required
under this chapter are provided to the residents temporarily
displaced from their units, including relocation to a comparable
replacement unit. Residents shall be temporarily relocated to
a unit within the same complex, onto a unit located reasonably
near the complex if that unit is in a location generally not less
fil M41hL desirable than the location of the displaced person's dwelling
T11,
cijmvnisc\kcdlands Acquisition Rules&Regs-wpd
Al - with respect to public utilities, services, and the displaced
QP person's place of employment.
T. [§ 2201 Displaced Resident
"Displaced resident" means any individual or family occupant of a dwelling who
qualifies as a displaced person under §219 hereof.
U. [§ 2211 Displacing Agency
"Displacing Agency"means the City of Redlands or the Redevelopment Agency of
the City of Redlands, as applicable, carrying out a program or project which causes a
person to be a displaced person for a public project.
V. [§ 2221 Dwelling
"Dwelling" means the place of permanent or customary and usual abode of a
person, including a single-family dwelling, a single-family unit in a two-family dwelling,
multi-family or multi-purpose dwelling, a unit of a condominium or cooperative housing
project, a non-housekeeping unit, a mobile home, a recreational vehicle as described in
the Health and Safety Code§18010, or any other residential unit which either is considered
to be real property under state law or cannot be moved without substantial damage or
unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling.
A second home shall be considered a dwelling only for the purpose of establishing
eligibility for payment for moving and related expenses under §602 of these Rules and
Regulations.
W. [§ 2231 Economic Rent
"Economic rent" means the amount of rent a tenant or homeowner would have to
pay for a dwelling similar to the acquired dwelling in a comparable area.
X. [§ 224] Elderly Household
"Elderly household" means a household in which the head of household or spouse
is sixty-two (62) years of age or older.
Y. [§ 225] Family
"Family"means two or more individuals,one of whom is the head of household,plus
all other individuals who by blood, marriage, adoption or mutual consent live together as
a family unit.
Z. [§ 2261 Farm Operation
d_jrn\rnis0Red]ands Acquisinin Rules&Regs,wpd
"Farm operation" means any activity conducted solely or primarily for the production
-__ of one or more agricultural products or commodities, including timber, for sale or home
use, and customarily producing these products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
AA. [§ 227] Federal Project
"Federal project" means any project undertaken by a federal agency or any project
receiving federal financial assistance.
BB. [§ 228] Gross Income
"Gross income" means the total annual income of an individual, or where a family
is displaced total annual income of the parents or adult heads of household, less the
following:
1. A deduction of $500.00 for each dependent in excess of three.
2. A deduction of ten percent (10%) of total income for an elderly or
handicapped household.
3. A deduction for recurring,extraordinary medical expenses, defined for
this purpose to mean medical expenses in excess of three percent
(3%) of total income, where not compensated for or covered by
insurance or other sources,such as public assistance ortort 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 the employment of the head of household or spouse,
except that the amount deducted shall not exceed the amount of
income received by the person thus released.
5. Gross income is divided by twelve to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
considered income for determination of financial means.
CC. [§ 229] Handicapped Household
"Handicapped household"means a household in which any member is handicapped
or disabled.
DD. [§ 230] Initiation of Negotiations
d nkmisc`Redlands Acquimuon Rules&Regs,wpd - 1 3 -
"Initiation of negotiations" means the initial written offer to purchase made by the
SO
Displacing Agency to the owner of the real property to be purchased, or to the owner's
representative.
EE. [§ 231] Last Resort Housing
"Last Resort Housing" means comparable replacement dwellings provided by the
Displacing Agency with its funds or funds authorized for the project because existing
comparable replacement dwellings will not otherwise be available as needed.
FF. [§ 2321 Manufactured Home or Mobile Home
"Manufactured Home" or"Mobile Home" means a structure, as described in Health
and Safety Code §18007 and §18008, which is transportable in one or more sections,
which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities and includes the
plumbing, heating, air-conditioning and electrical systems contained therein. A
self-propelled vehicle is not a mobile home.
GG. [§ 233] Mortgage
"Mortgage"means classes of liens that are commonly given to secure advances on,
or the unpaid purchase price of, real property, together with the credit instruments, if any,
secured thereby.
HH. [§ 2341 Nonprofit Organization
"Nonprofit organization" means a corporation, partnership, individual or other public
or private entity, engaged in a business, professional or institutional activity on a non-profit
basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the
carrying on of the business, profession or institutional activity on the premises.
Il. [§ 235] Ownership
"Ownership" means holding any of the following interests in a dwelling, or a contract
to purchase one of the first six (6) interests:
1. A fee title;
2. A life estate;
3. A 50-year lease.
4. A lease with at least twenty (20) years to run from the date of
acquisition of the property;
5. A proprietary interest in a cooperative housing project which includes
the right to occupy a dwelling;
9
gym;_
djnumsi Adlands Acquisition Kufs&Reos,wpd — 14 —
6. A proprietary interest in a manufactured home and mobile home;
' 7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests by devise,
bequest, inheritance or operation of law, the tenure of ownership, but not occupancy, of
the succeeding owner shall include the tenure of the preceding owner.
JJ. [§ 236] Person
"Person" means any individual, partnership, corporation, limited liability company,
or association.
KK. [§ 237] Personal Property
"Personal property" means tangible property which is situated on real property
vacated or to be vacated by a displaced person and which is considered personal property
and is non-compensable (other than for moving expenses) under the state law.
In the case of a tenant, personal property includes fixtures and equipment, and
other property which may be characterized as real property under state or local law, but
which the tenant may lawfully and at his or her election determine to move, and for which
the tenant is not compensated in the real property acquisition.
In the case of an owner of real property, the determination as to whether an item of
property is personal or real shall depend upon how it is identified in the closing or
settlement statement with respect to the real property acquisition.
ILL. [§ 238] Post-Acquisition Tenant
"Post-acquisition tenant" means a tenant who lawfully commences to occupy
property only afterthe Displacing Agency acquires it or who lawfully occupies property after
the private acquisition of property by a person with a written agreement with the public
entity for the purpose of financing the purchase or development of the property.
MM. [§ 239] Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller of real property and
pro-rated between such seller and the buyer of such real property at the close of escrow
including, but not limited to, real property taxes, insurance, homeowners'association dues
and assessment payment.
NN. [§ 240] Public Use
"Public use" means a use for which real property may be acquired by eminent
141
domain.
djummsc kRedlands Acgtusiwon Rules&Regs.wN - 15 -
00. [§ 241] Small Business
"Small Business," as defined in Part 24 of Title 49 of The Code of Federal
Regulations, means a business having not more than 500 employees working at the site
being acquired or displaced by a program or project, which site is the location of economic
activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not
qualify as a small business for purposes of these Rules and Regulations.
PP. [§ 242] Tenant
A person who rents or is otherwise in lawful possession of a dwelling, including a
sleeping room, which is owned by another.
QQ. [§ 243] Unlawful Occupancy
A person or business is considered to be in unlawful occupancy if, among other
reasons: the person or business has been ordered to move by a court of competent
jurisdiction; or the person's tenancy has been lawfully terminated by the owner for cause,
the tenant has vacated the premises, and the termination was not undertaken for the
purpose of evading relocation assistance obligations; or the person is in violation of the
lease or rental agreement; or the person's occupancy is in violation of applicable local,
regional, state, or federal ordinances, laws, or regulations.
W
dIlm,friiscxRedlands Acquisition Rules&Regs,wpd - 16 -
I11. [§ 3001 RELOCATION ADVISORY ASSISTANCE
A. [§ 301] Advisory Assistance to be Provided by the Displacing Agency
Programs or projects undertaken by the Displacing Agency shall be planned in a
manner that (i) recognizes, at an early stage in the planning of the programs or projects
and before the commencement of any actions which will cause displacements, the
problems associated with the displacement of individuals, families, businesses, and farm
operations; and (ii) provides for the resolution of these problems in order to minimize
adverse impacts on displaced persons and to expedite program or project advancement
and completion. The Displacing Agency shall ensure the relocation assistance advisory
services described in this §301 are made available to all persons displaced by the
Displacing Agency.
In accordance with California Government Code §7261(a), the Displacing Agency
may provide relocation advisory assistance (but not benefits, payments or other forms of
assistance) if it determines, in its sole discretion, that any person occupying property
immediately adjacent to the property where the displacing activity occurs is caused
substantial economic injury as a result thereof.
Notwithstanding§219,in any case in which the Displacing Agency acquires property
for a program or project, any person who occupies the property on a rental basis for a short
term commencing after Displacing Agency acquisition or a period subject to termination
when the property is needed for the program or project, shall be eligible for advisory
services but not benefits, payments or other forms of assistance to the extent determined
by the Displacing Agency in its sole discretion.
The relocation advisory assistance to be provided by the Displacing Agency shall
include such measures, facilities and/or services as may be necessary or appropriate in
order to do all of the following:
1. Fully inform eligible persons within 60 days of initiation of negotiations
but no later than the close of escrow on the property, as to the
availability of relocation benefits and assistance and the eligibility
requirements therefore, as well as the procedures for obtaining such
benefits and assistance;
2. Determine and make timely recommendations on the needs and
preferences, if any, of displaced persons for relocation assistance;
3. Assure eligible displaced residents that within a reasonable period of
time prior to displacement, there will be available comparable
replacement dwellings sufficient in number and kind for and available
to such eligible residents;
41rnvTusc\Red1and,s Acquisition Rules&Regs,wpd - 17 -
4. Provide current and continuing information on the availability, sales
prices, and rentals of comparable sales and rental housing, and
comparable commercial properties and locations, and as to security
deposits, closing costs, typical down payments, interest rates and
terms for residential property in the area;
5. Assist each eligible, displaced person to complete applications for
payments and benefits;
& Assure that, within a reasonable time period prior to displacement, to
the extent that it can be reasonably accomplished, there will be
available in areas not generally less desirable in regard to public
utilities and public and commercial facilities, and at rents or prices
within the financial means of displaced families and other individuals,
decent, safe and sanitary dwellings, sufficient in number to meet the
needs of, and available to, those displaced persons requiring those
dwellings and reasonably accessible to their places of employment,
except that, in the case of a federally funded project, a waiver may be
obtained from the federal government.
7. Assure that each eligible, displaced resident shall not be required to
move from a dwelling unit unless such person has had a reasonable
opportunity to relocate to a comparable replacement dwelling, except
in the case of any of the following:
a. A major disaster as defined in §102(2) of the federal Disaster
Relief Act of 1974.
b. A state of emergency declared by the President or Governor.
C. Any other emergency which requires the person to move
immediately from the dwelling because continued occupancy
of the dwelling by the person constitutes a substantial danger
to the health or safety of the person.
8. Assist each eligible, displaced business in obtaining and becoming
established in a suitable replacement location;
9. Provide services required to insure that the relocation process does
not discriminate on any basis that is in violation of applicable state
and federal anti-discrimination laws.
10. Supply to eligible persons information concerning federal and state
housing programs, disaster loan and other programs administered by
djrnVrugcSRedlands Acqwsition Rules&Reps,wpd 18 -
qgm the Small Business Administration, and ether federal or state
programs offering assistance to displaced persons;
11. Provide other advisory assistance to eligible persons to minimize their
hardships, such as counseling and referrals with regard to housing,
financing, employment, training, health and welfare;
12. Inform all persons who are expected to be displaced about the
eviction policies to be pursued in carrying out the project.
B. [§ 3021 Information Program
1. [§ 303] General Information
The Displacing Agency shall establish and maintain an information program utilizing
meetings, newsletters, and other mechanisms, including local media, available to all
persons, for keeping occupants of the property which the Displacing Agency is acquiring
informed on a continuing basis about its relocation program. The criterion for selecting
among various alternative mechanisms shall be the likelihood of actually communicating
information to such persons. Legal publications, legal ads in local newspapers of general
circulation and similar means are inadequate if they are likely to go unnoticed.
2.[§304] Information Statement for Relocation Assistance/Personal Contact
Within 60 days following the initiation of negotiations to acquire a parcel of real
property or interest therein, but not later than the close of escrow on the property,
informational material, appropriate to the displaced person or business,shall be distributed
to describe the nature of available relocation benefits and assistance, eligibility
requirements and procedures for obtaining such benefits and assistance.
Contact shall be direct and personal except where repeated efforts indicate that
such contact is not possible. Such contact may be made at the time and as part of the
interview to ascertain relocation needs conducted pursuant to §310. All persons shall be
advised and encouraged to visit the Displacing Agency's relocation office for information
and assistance. The Displacing Agency shall maintain personal contacts with occupants
of the property to the maximum extent practicable.
For projects by private parties with an agreement with the Displacing Agency, the
"initiation of negotiations" shall be the later of (i) the date of acquisition, or (ii) the date of
the written agreement between the private entity and the Displacing Agency for purposes
of acquiring or developing the property for the project.
The Displacing Agency and/or the private entity shall provide each occupant of such
property with a written statement containing the following information:
4im\rrusc'Redlands Acquisition Rules&Reps,wpd — 19 —
a. A general description of the nature and types of activities that
will be undertaken and identification of the displacement area
involved, including a diagrammatic sketch of such area.
b. A statement that Displacing Agency action may result in
displacement, but that no person or business lawfully
occupying the real property will be required to move without at
least 90 days written notice from the Displacing Agency.
C. A statement to residents that families and individuals will not
be required to move from their dwellings before reasonable
offers of decent, safe and sanitary and otherwise comparable
replacement dwellings within their financial means have been
made, except for cause including under the circumstances
provided for in §1203 of these Rules and Regulations. [This
subparagraph is not applicable to business relocations.]
d. A general description of types of relocation payments
available, including general eligibility criteria, and a caution
against premature moves that might result in loss of eligibility
for a payment.
e. Identification of the Displacing Agency's relocation program
and a description of relocation services and aids that will be
available. Such services shall not result in different or
separate treatment on account of race, color, religion, national
origin, sex, martial status, familial status, or any basis
protected by state or federal anti-discrimination laws, or any
other arbitrary circumstances.
f. Encouragement to visit the Displacing Agency's relocation
office and to cooperate with staff. Information regarding the
relocation office shall include the address, telephone number
and hours the office is open.
g. Information to residents on replacement dwellings, including:
(1) A brief description of what constitutes a replacement
dwelling, including physical standards;
(2) A layman's description of applicable federal, state and
local fair housing laws;
( ) A statement that the Displacing Agency will identify
available comparable replacement dwellings within the
4 nivivsORedland_4 Acquisition Rules&Rees.upd _ 10 -
financial means of, and otherwise available to, the
11151
Displaced Person, and will provide assistance to
persons in obtaining housing of their choice, including
assistance in referring complaints of discrimination to
the appropriate federal, state or local fair housing
enforcement agency.
(4) A statement that persons may seek their own housing
accommodations, and urging them, if they do so, to
notify the Displacing Agency prior to making a
commitment to purchase or occupy the property.
h. A statement to businesses that the Displacing Agency will
provide assistance in locating relocation accommodations,
including consultation with the Small Business Administration
and other governmental agencies which might be of
assistance.
i. A statement to businesses describing the requirement for prior
notification to the Displacing Agency of the business concern's
intention to move.
j. A summary of the Displacing Agency's eviction policy.
k. A statement describing the Displacing Agency's grievance
procedure, its purpose and how it may be used.
1. Any additional information that the Displacing Agency believes
would be helpful. Where appropriate, separate information
statements shall be prepared for residential and
non-residential occupants.
3. [§ 305] Notice of Eligibility Status
In addition to disseminating general information of the type described above, the
Displacing Agency shall provide each Displaced Person with individual, written notification
of his or her eligibility status as soon as it has been established.
4. [§ 306] Language of Information Material
Information material shall be prepared in the language(s) most easily understood
by the recipients. In displacement areas where there are significant concentrations of
persons who do not read, write, or understand English fluently, the native language of the
people should be used and all informational material should be provided in the native
language(s) and English.
djans isc%Rediands Acquisition Rules&Regs_wpd — i 1 —
5. [§ 307] Method of Delivery of Informational Material
To assure receipt of the informational material,the Displacing Agency shall arrange
to have the material either hand-delivered to each occupant of the property with a request
for a written receipt, or sent by certified mail, return receipt requested.
C. [§ 308] Determination of Relocation Needs
1. [§ 309] Interviews
immediately following the initiation of negotiations to acquire a parcel of real
property, the Displacing Agency shall interview each eligible person occupying such
property to obtain information upon which to plan for housing and other accommodations,
as well as counseling and assistance needs. The interview shall be by direct, personal
contact, except where repeated efforts indicate that such contact is not possible. The
Displacing Agency shall carefully explain and discuss fully with each person interviewed
the purpose of the interview.
When a person cannot be interviewed or the interview does not produce the
information to be obtained, reasonable efforts shall be made to obtain the information by
other means.
a. [§ 3101 Information to be Obtained from Residential Owner-
Occupants or Tenants
The Displacing Agency shall endeavor to obtain the following information from
eligible persons.
(1) Income;
(2) Whether a person is elderly or handicapped;
(3) Size of family;
(4) Age of children;
(5) Location of job and factors limiting accessibility;
(6) Area of preferred relocation;
(7) Type of unit preferred;
(8) Ownership or tenant preference;
(9) Need for social and public services,special schools and
other services;
(10) Eligibility for publicly assisted housing;
(11) With reference to the present dwelling:
(a) the rent;
(b) type and quality of construction;
@) number of rooms and bedrooms;
(d) amount of habitable living space;
djnifnvsc-.Reglan is.Acquisition Raps&Regs.lupd - 22 -
(e) locational factors including, among others, public
utilities, public and commercial facilities (including
transportation and schools) and neighborhood
conditions (including municipal services).
(12) Such other matters that concern a household as its
members contemplate relocation.
b. [§ 311] Coordination with Other Agencies
In order to avoid duplication of effort and to ensure that necessary information is
available at the appropriate time, the Displacing Agency should coordinate its interview
activities with the survey activities, if any, of other agencies. Gathering of data pertinent
to social service referrals of eligible persons should be planned in cooperation with social
service agencies and a referral system should be established.
c. [§ 312] Interview after Person Moves Without Notice
If the interview of any eligible person does not occur prior to such person moving
from the dwelling, the Displacing Agency shall make every reasonable effort to identify,
locate, and interview such person who has moved so that their relocation needs can be
determined. The Displacing Agency shall offer such persons all relocation assistance and
benefits for which they otherwise qualify and, in addition, the Displacing Agency shall
compensate such persons for all costs occasioned by the Displacing Agency's failure to
provide timely notice and offers of relocation assistance and benefits, if such failure is the
fault of the Displacing Agency.
2. [§ 313] Relocation Records
Based on information obtained during interviews and from other sources as
applicable, the Displacing Agency shall prepare and maintain an accurate relocation
record for each person to be displaced. The record shall contain a description of the
pertinent characteristics of the persons to be displaced and the assistance deemed to be
necessary. A Displaced Person (or any person authorized in writing by such person) shall
have the right to inspect such documents containing information relating to that Displaced
Person to the extent and in the manner provided by law.
3. [§ 314] Updating Information
Information pertaining to the relocation needs of eligible persons occupying each
parcel of real property with respect to which the Displacing Agency has initiated
negotiations for acquisition shall be up-dated at least annually. Eligible persons shall be
encouraged to bring any change in their needs to the attention of the Displacing Agency,
D. [§ 315] Relocation Site Office
(turmusORedlands Acquisition Rules&Regs,wpd - 23 -
The Displacing Agency may, as it deems necessary, establish a site office which i
accessible to all area residents and businesses who may be displaced to provide relocation
assistance. Any such office shall be staffed with trained and/or experienced relocation
personnel. Office hours may be scheduled to accommodate persons unable to visit the
office during normal business hours. The Displacing Agency may also make provisions
for meeting with displaced persons in their homes or places of business,
E. [§ 316] Contracting for Relocation Services
The Displacing Agency may enter Into a contract with any individual; firm,.
association, corporation, or governmental agency having an established organization for
conducting relocation assistance;programs,fcrthe purpose of providing relocation advisory
assistance.
F. [§ 317] Coordination of Relocation Assistance
The Displacing Agency shall coordinate its relocation assistance program with ether
work necessitating displacement of persons, and with activities of ether public entities in
the City or nearby areas, for the purpose of planning relocation activities and coordinating
the availability of replacement dwelling resources in the implementation of the Displacing
Agency's relocation assistance program:
G. [§ 313] Relocation Plans
1. [§ 319] Requirement Generally
As soon as passible following the initiationof negotiations and prier to proceeding
with any phase of a project or ether activity that will result in displacement, the Displacing
Agency shall prepare a Relocation Plan and submit it for approval to the City Council
unless the Displacing Agency's action will only result in an insignificant amount (a
determined by the Displacing Agency) of non-residential displacement, in;which case the
Displacing Agency shall provide assistance arca benefits as required bytheAct,Guidelines,
and these Rules and Regulations, but shall not be required to prepare a Relocation Plan►
as is described in §318 et seq. For residential projects of 15 households or less, the
Displacing Agency shall prepare a Model Relocation Plan, a sample of which is provided
in Exhibit'"A". This Model Relocation Plan shall be presumed to be in compliance with the
planning requirements of §318 et seq.
2. [§ 320] Contents of plan'
If a Specific Relocation Plan is required, it shall include the following;
a. A diagrammatic sketch of the displacement area,
cJJfffVrAsckRedJands Acquisition Rules&Regs.wpd — 24—
b Projected dates of displacement;
C. A written analysis of the aggregate relocation needs of all
persons to be displaced, in accordance with §401 , and a
detailed explanation as to how these needs are to be met;
d. A written analysis of replacement housing resources, in
accordance with §404;
e. A detailed description of the relocation advisory services
program, including specific procedures for locating and
referring eligible persons to comparable replacement housing;
f. A description of the relocation payments to be made in
accordance with §600 and a plan for disbursement;
9- A cost estimate for carrying out the plan and identification of
the source of the necessary funds;
h. A detailed plan by which any last resort housing as described
in §408 is to be built and financed (if applicable);
i. A standard information statement to be sent to all persons
displaced in accordance with §305;
j. Temporary relocation plans, if any;
k. A description of relocation office operation procedures;
1. Plans for citizen participation;
M. An enumeration of the coordination activities undertaken
pursuant to §318;
n. The comments of the relocation committee, if any(pursuant to
§800).
0. A written determination by the Displacing Agency that the
necessary resources will be available as required.
3. [§ 321] Review of Relocation Plan
The Relocation Plan shall be submitted to the Relocation Committee (see§802)for
review and comment at least 30 days prior to submitting the Relocation Plan to the City
Council for approval. Copies of the proposed Relocation Plan shall be made available to
dirrivni-sc\Rectlands Acquisition Rules&Regs,wpd - 2-5 -
AN the Relocation Committee and the public, upon request. A copy of the final relocation plan
shall be forwarded to the Department which shall act as a central repository.
A general notice of the Relocation Plan shall also be provided. The general notice
shall be designed to reach the occupants of the property, shall be in accordance with §303
and §307 of these Rules and Regulations, and shall be provided 30 days prior to
submission to the City Council for approval.
All persons who will be displaced, neighborhood groups, and the Relocation
Committee (if constituted) shall be given an opportunity to participate in reviewing the
relocation plan and monitoring the relocation assistance program.
Any displaced person or interested organization may petition the Department to
review the Relocation Plan. Such review shall be undertaken in the time constraints and
procedures as adopted by the Department.
4. [§ 322] Conformance to General Plan
Relocation Plans prepared by the Displacing Agency shall be consistent with the
Housing Element of the City's General Plan.
5. [§ 323] Update of Relocation Plans
In the event of delay of more than one year in the implementation of a relocation
program,the Relocation Plan shall be updated prior to the implementation of the program.
H. [§ 324] Move to Substandard Dwelling Unit
The Displacing Agency shall inspect each replacement dwelling prior to the time a
displaced resident occupies it. The Displacing Agency shall not induce or encourage a
displaced resident to acquire a dwelling which does not satisfy the standards of a
comparable replacement dwelling.
If a displaced resident occupies a dwelling unit to which he or she is referred by the
Displacing Agency and the dwelling unit does not satisfy the standard of a comparable
replacement dwelling, the Displacing Agency shall offer to locate a comparable
replacement dwelling for the displaced resident and to pay again all moving and related
expenses.
If a displaced resident chooses not to move from a substandard dwelling unit he or
she has occupied,the displaced resident shall nevertheless be eligible to receive relocation
assistance and payments if one of the following conditions is met:
1. If he or she occupied the substandard dwelling unit following referral
by the Displacing Agency; or
djmkinisclRedlands Acquisition Rules&Regs,wpd - 26 -
A- 2. If the rental or purchase of the substandard dwelling unit is the result
Q'I of the Displacing Agency's failure to identify a reasonable number of
comparable replacement dwellings; or
3. If the purchase of the substandard dwelling unit is not the result of the
Displacing Agency's referral or failure to refer, when the substandard
dwelling unit is brought into compliance with the decent, safe and
sanitary standard.
In the event the condition is met in paragraph 3, any replacement housing payment
shall be limited to the amount that would be provided in connection with the purchase of
a similar, comparable replacement dwelling, or the sum of the actual costs of acquisition
(including incidental expenses) and rehabilitation, whichever is less.
1. [§ 325] Waiver of Requirement for Replacement Dwelling Prior to
Displacement
When immediate possession of the real property is of crucial importance and one
of the following circumstances exists, the Displacing Agency may require an eligible
displaced resident to move from his or her dwelling before a comparable replacement
dwelling or temporary adequate replacement dwelling is available:
1. When displacement is necessitated by a major disaster as defined in
§102(2) of the Hazard Mitigation and Relocation Assistance Act of
1993 (42 U.S.C.§5121) and/or the California Natural Disaster
Assistance Act;
2. During periods of declared national or state emergency;
3. When such other extraordinary or emergency situations occur where
immediate possession of real property is of crucial importance.
Any waiver of the requirement for replacement dwellings prior to displacement shall
be supported by appropriate findings and a determination of the necessity for the waiver.
s
djrn%nvsc\RedJands Acquisition Rules&Regs,wpd - 2-7
�w
IV. [§ 400] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS;
zy
LAST RESORT HOUSING
A. [§ 401] Survey and Analysis of Available Comparable Replacement Dwellings
1. [§ 402] Requirement Generally
To confirm the availability of comparable replacement dwellings, the Displacing
Agency, within 60 days of the initiation of negotiations to acquire a parcel of real property,
shall initiate a survey of available comparable replacement dwellings. If a recent survey
that provides the required information is not available,the Displacing Agency shall conduct
a survey of the housing market. If a recent survey is available, but it does not reflect more
recent, significant changes in housing market conditions, the survey shall be updated or
it shall not be relied upon. The survey shall be updated at least annually. The survey area
shall be reasonably related to the displacement area and to the needs and preferences of
the persons to be displaced. The survey area shall have relevant characteristics specified
for comparable replacement dwellings which equal or exceed those of the neighborhood
from which persons are to be displaced.
2. [§ 403] Determining Number of Comparable Replacement Dwellings
Only dwelling units which satisfy the standards of comparable replacement
dwellings, including the locational criteria, shall be counted as a relocation resource. The
following types of dwellings shall be included only if the applicable criteria are met:
Uncompleted new construction or rehabilitation shall only be counted toward the
gross number of comparable replacement dwellings if there is a substantial likelihood that
the dwelling units will be available when needed and at housing prices or rental costs within
the financial means of the prospective occupants.
a. Publicly subsidized housing, as defined pursuant to Article XXXIV of
the California Constitution and §37000 through §37002 of the
California Health and Safety Code, shall only be counted toward the
gross number of comparable replacement dwellings if it reasonably
can be established that:
(1) The dwelling units will be available when needed;
(2) The governmental body providing the subsidy has made, in
writing, a reasonably binding commitment of assistance;
(3) The dwelling units have been inspected and determined to be
decent, safe and sanitary and the income ceilings, rent ranges
and age restrictions, if any, have been considered;
dire ar is6Rediands Acquisifion Rules d Regs.0 pd — 28 —
(4) The number-of dwelling units available in the City exceeds the
number of households in need of the units. This requirement
can be waived by the Department if the Displacing Agency can
establish that such units will be replaced within two years. To
establish that last resort housing will be developed as
required, the Displacing Agency must have site control with
permissive zoning, preliminary plans and conditional
commitments for subsidy and financing, or the equivalent, and
must identify ownership;
(5) With respect to uncompleted new construction or rehabilitation,
such publicly subsidized dwelling units are being subsidized to
provide relocation resources.
b. The gross number of comparable replacement dwellings in the survey
area shall be discounted to reflect concurrent displacement and the
extent to which turnover is represented. Concurrent displacement by
the federal government and its agencies, including federally assisted
projects, as well as displacement by other public entities shall be
taken into account.
3. [§ 404] Written Analysis
Based on the survey, a written analysis of replacement dwelling needs shall be
prepared that includes:
a. Separate information concerning home ownership and rental
units;
b. The number of units identified by cost for each size category;
C. Needs of elderly and handicapped households shown
separately, including information on the number of such
households requiring special facilities and the nature of such
facilities;
d. Description of the locational characteristics of the displacement
area neighborhoods corresponding to the requirements of
comparable replacement dwellings;
e. Information concerning proximity to present employment
sources, medical and recreational facilities, parks, community
centers, shopping, transportation and schools;
djnitsrusckRedlands,Acquisition Rules&Regs.wpd — 19 —
N w f. Information concerning proximity to other relevant needs and
amenities.
4. [§ 405] Review of Survey Results
When more than fifteen (15) households will be displaced, the written analysis (i.e.,
the results of the survey of comparable replacement dwellings) shall be submitted for
review to local housing, development and planning agencies and shall be compared to
other existing information on housing.
Notwithstanding the analysis of the results of the survey of comparable replacement
dwellings, if the demand for housing is such that there are no vacancies other than those
permitted by turnover, the Displacing Agency may proceed to displace residents from
dwellings, but only to the extent that the Displacing Agency obtains referrals of comparable
replacement dwellings for such residents in accordance with the provisions of §406.
5. [§ 406] Referrals of Replacement Dwellings
The Displacing Agency shall obtain at least three referrals of comparable
replacement dwellings for each displaced resident, provided that where the Displacing
Agency determines that, due to special circumstances three (3) is not a reasonable
number, fewer than three (3) referrals may be deemed sufficient. Such referrals shall be
in writing, in a language understood by the displaced resident.
The Displacing Agency's obligation to obtain a comparable replacement dwelling
for any displaced resident shall be deemed to be satisfied if such resident is offered and
refuses,without justification,the number of specifically identified comparable replacement
dwellings provided for in this section and which satisfy the criteria set forth in §211.
B. [§ 4071 Determination of Need for Last Resort Housing; Replacement
Housing Plan
If the Director of the Displacing Agency, on the basis of data derived from the
replacement dwelling survey and analysis, determines that comparable replacement
dwellings will not be available, the Director shall determine whether to modify, suspend,
or terminate the project causing the displacement or to use the Displacing Agency's funds
or the funds authorized far the project to provide such necessary comparable replacement
housing. If the Director determines that the Displacing Agency's funds or funds authorized
for the project shall be used to insure the availability of comparable replacement housing
(which housing is, in this situation, commonly referred to as "last resort housing") the
Displacing Agency shall prepare a"replacement housing plan"that provides for a sufficient
number of last resort housing units.
1. [§ 406] Replacement Housing Plan
djrnUtusc*ed]ands Acquisition Rules&Ret±s, pd — 30-
If a Replacement Housing Plan is required, it shall address the following issues:
a. How, when and where the housing will be provided;
b. How the housing will be financed and the amount of funds to
be allocated to such housing;
C. The prices at which the housing will be rented or sold to the
families and individuals to be displaced;
d. The arrangements for housing management and social
services, as appropriate;
e. The suitability of the location and environmental impact of the
proposed housing;
f. The arrangements for maintaining rent levels appropriate for
the persons to be rehoused;
g. The disposition of proceeds from rental, sale, or resale of such
housing;
h. Any referendum or zoning requirements, which present an
obstacle, shall be addressed.
2. [§ 409] Replacement Housing Committee
a. If the need for last resort housing exceeds 25 units, the
Displacing Agency shall establish a "Replacement Housing
Committee" which will consult with and provide advice and
assistance to the Displacing Agency in the development of the
replacement housing plan. The Committee should include
appointed representatives of the Displacing Agency and state
and local agencies knowledgeable regarding housing in the
area, including but not limited to the local housing authority. In
addition, the Committee should include representatives of
other appropriate groups (for example, local and area wide
planning agencies) and private groups knowledgeable
regarding housing and the problems of housing discrimination.
b. The Replacement Housing Committee shall include
representatives of the residents to be displaced. These
representatives may be appointed by the Displacing Agency or
elected by the residents, as the residents wish. Resident
representatives shall, at a minimum, constitute one-third of the
dini txusctkedlands Ac quisauion Rules&Ress.wpd — 3 1 —
Committee membership. Votes shall be allocated so that the
total votes of resident representatives shall equal one-half of
the total votes of the Committee membership.
C. The Replacement Housing Plan must be approved by the vote
of a simple majority of the Replacement Housing Committee
membership. In the event the Committee fails to approve the
plan, the City Council may substitute its approval.
d. The Displacing Agency may consult or contract with the
Department, a local housing authority, or other agency or
organization having experience in the administration or
conduct of housing programs to provide technical assistance
and advice in the development of the replacement housing
plan.
3. [§ 410] Submission of Plan for Comment
The Displacing Agency shall submit the Replacement Housing Plan and all
significant amendments to the local housing and planning agencies for comment
and to assure that the plan accurately reflects housing conditions and needs in the
relocation area. Reviewing agencies shall have 30 calender days following receipt
of the plan to prepare their comments. Copies of all comments received shall be
forwarded to the committee and available to all interested persons.
General notice of the plan shall be provided. Notice shall be designed to
reach the residents of the relocation area, shall be in accordance with the provisions
of §303 and §307, and shall be provided 30 days prior to submission to the
Replacement Housing Committee, or the City Council for approval.
4. [§ 4111 Determination by Displacing Public Entity of Feasibility and
Compliance
Upon receipt and consideration of the comments, the Displacing Agency
shall determine whether or not:
a. The Replacement Housing Plan is feasible.
b. The Replacement Housing Plan complies with applicable
environmental standards and procedures.
C. The Replacement Housing Plan is compatible with the local
general plan and housing element and the area wide housing
plan or strategy.
ljwmsc�,Redlands Acquisition Rules&Regs,wpd
If any of the above determinations by the Displacing Agency is negative the
Displacing Agency shall revise the plan as necessary. Substantial modifications in
the plait shah be re-submitted for review and comment in accordance with 410.
If necessary for timely implementation of the plan or execution of the project, the
Displacing Agency may shorten the time allowed for review of modifications.
5. [§ 412] Implementation of the Replacement Housing Flan
The Displacing Agency may upend funds and take such other actions as necessary
to provide, rehabilitate, or construct last resort housing pursuant to an approved
replacement housing plan for last resort housing through methods including but not limited
to the following.
a. Transfer of funds to state and local housing agencies;
b. Contract with organizations experienced in the development of
housing,
C. Direct development; rehabilitation or construction by the
Displacing Agency;
d. Financing of development, rehabilitation or construction by the
Displacing Agency;
e. Provide housing subsidies as permitted by law.
Whenever practicable,the Displacing Agency should utilize the services of federal,
state, or local housing agencies,or other agencies having experience in the administration
or conduct of similar housing programs. Where several agencies are administering
programs resulting in residential displacement, opportunities shall be sought for joint
development and financing to aggregate resources in order to most efficiently provide last
resort housing in sufficient quantity to satisfy the aggregate needs of such programs.
6. [§ 413] Last Resort Housing Alternatives
a. Whenever comparable replacement dwellings are not
available, or are not available within the monetary limits of
§515 or §615, as appropriate, the Displacing Agency shall
provide additional or alternative assistance: under the
provisions of this part.
4011
dimVn sc\Redmnds Acquisition Wee,&Reggs,wpd - 33 -
b. The methods of providing replacement housing of last resort
include, but are not limited to:
(1) A replacement housing payment calculated in
accordance with the provisions of §607 or §617, as
appropriate, even if the calculation is in excess of the
monetary limits of sections 605 and 615. The first
$5,250 of a rental assistance payment under this part
shall be paid to the displaced person in a lump sum and
the remainder of the payment shall be paid to the
displaced person in periodic payments over a period not
to exceed 42 months unless otherwise specified by
statute or, at the discretion of the Displacing Agency,
the entire rental assistance payment under this part
could be paid to the displaced person in a lump sum.
(2) Major rehabilitation of and/or additions to an existing
replacement dwelling in a sum equal to or greater than
the payment to which the displaced person is entitled
under subsection b(l).
(3) The construction of a new replacement dwelling in a
sum equal to or greater than the payment to which the
displaced person is entitled under subsection b(l) of
this section.
(4) The relocation and, if necessary, rehabilitation of a
dwelling.
(5) The purchase of land and/or a replacement dwelling by
the displacing agency and subsequent sale or lease to,
or exchange with a displaced person.
(6) For purposes of accommodating the needs of
handicapped persons, the removal of barriers to the
handicapped.
7. [§ 414] Nondiscrimination
The nondiscrimination provisions of applicable law shall apply to all contracts and
subcontracts for the construction, rehabilitation or management of last resort housing let
by the Displacing Agency,
8. [§ 415] Conformity with Statutes and Regulations
clu-W-imckRediands Acquisition Rules&Regs,wpd - 34 -
The provision of last resort housing by the Displacing Agency shall be in accord with
the provisions of all applicable federal and state non-discrimination laws and regulations
issued pursuant thereto.
9. [§ 4161 Conformity with Federal Program Requirements
The Displacing Agency shall comply with all federal requirements related to
programs for which it receives federal financial assistance.
10. [§ 417] Monitoring Housing Production
The Displacing Agency shall monitor the production of the last resort housing to ensure
that it is in accordance with the replacement housing plan for last resort housing approved
by the Displacing Agency.
11. [§ 418] Retention of Benefits Upon Move to Last Resort Housing
The Displacing Agency shall not require a displaced resident to accept last resort
housing in lieu of the displaced resident's acquisition payment, if any, for the real property
from which he or she is displaced or the relocation payments for which he or she may be
eligible.
12. [§ 419] Post-Acquisition Tenants
Post-acquisition tenants are entitled to last resort housing payments only at the
discretion of the Displacing Agency.
IN
djm misc\Redlanus Acquisition Rubs&Regs,wpd — 35
r V. [§ 500] TEMPORARY RELOCATIONS
A. [§ 501] Temporary Replacement Housing
Except as provided for in§502, the Displacing Agency may not relocate a displaced
person to temporary replacement housing for a period greater than 90 days without the
consent of the displaced person. Such housing, when provided, shall meet the standards
of an adequate replacement dwelling. The Displacing Agency shall minimize, to the
greatest extent feasible, the use of temporary replacement housing. The Displacing
Agency shall provide displaced residents who move to temporary replacement housing with
relocation assistance, services and benefits designed to achieve permanent relocation of
such residents into comparable replacement dwellings.
Prior to any temporary move, the Displacing Agency shall determine and provide
written assurance to each displaced resident that:
1. Comparable replacement dwellings will be made available at the
earliest possible time, and in any event within twelve (12) months from
the date of the move to the temporary replacement housing, provided
howeverthat the temporarily housed persons may agree to extend the
12 month limitation.
2. Comparable replacement dwellings will be made available, on a
priority basis, to the individual or family who has been temporarily
rehoused;
3. The move to temporary replacement housing will not affect a
claimant's eligibility for a replacement housing payment nor deprive
him of the same choice of replacement dwelling units that would have
been made available had the temporary move not been made and the
costs of a temporary move will not be considered as all or a part of
relocation payments to which a displaced resident is entitled;
4. If a project plan anticipates moves back into housing accommodations
in the project area, the resident who has been temporarily displaced
will be given priority opportunity to obtain such housing
accommodations;
5. The Displacing Agency will pay all costs in connection with the move
to temporary replacement housing, including increased housing costs.
B. [§ 502] Payments and Assistance for Short-Term Relocation of Tenants in
Rental Rehabilitation Projects
dpivni<_cLRedlands Acquisition Rules It Regs wpd — 36 —
Notwithstanding §7265.3 of the Government Code or any other provision of law,
tenants residing in any rental project who are displaced from the project for a period of one
year or less as part of a rehabilitation of that project, that is funded in whole or in part by
the Displacing Agency, shall not be eligible for permanent housing assistance benefits
pursuant to§600 of these Rules and Regulations, if all of the following criteria are satisfied:
1 . The project is a "qualified affordable housing preservation project," which
means any complex of two or more units whose owners enter into a recorded
regulatory agreement, having a term forthe useful life of the project, with any
entity for the provision of project rehabilitation financing. For this purpose,
the regulatory agreement shall require of the owner and all successors and
assigns of the owner, as long as the regulatory agreement is in effect, that
forty-nine (49) percent of the tenants in the project shall have, at the time of
the recordation of the regulatory agreement, incomes not in excess of sixty
(60) percent of the area median income, adjusted by household size as
determined by the Department. In addition, a project is a qualified affordable
housing preservation project only if the beneficiary of the regulatory
agreement elects this designation by so indicating on the regulatory
agreement.
2. The resident is offered the right to return to his or her original unit, or a
comparable unit in the same complex if his or her original unit is not
otherwise available due to rehabilitation, with rent for the first twelve (12)
months subsequent to that return being the lower of the following: up to five
(5) percent higher than the rent at the time of displacement; or up to thirty
(30) percent of household income.
3. The estimated time of displacement is reasonable, and the temporary unit
is not unreasonably impacted by the effects of the construction, taking into
consideration the ages and physical conditions of the members of the
displaced household.
4. All otherfinancial benefits and services otherwise required under this chapter
are provided to the residents temporarily displaced from their units, including
relocation to a comparable replacement unit. Residents shall be temporarily
relocated to a unit within the same complex if that unit is in a location
generally not less desirable than the location of the displaced person's
dwelling with respect to public utilities, services, and the displaced person's
place of employment.
djrr-xriseiRedlands Acquisition Rules&Regs.wpd — 37 -
Old, VI. [§ 600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS
A. [§ 601] Payments Required
The Displacing Agency shall compensate a displaced resident for the expenses
described in §602 or§603 and in §604 or§614. A displaced resident who lawfully resides
on his or her business property may be eligible for both the payments described in this
§600 and the payments to a displaced business provided under §700. A person who
moves from his or her dwelling or who moves his or her personal property therefrom
because he or she is displaced by the Displacing Agency from other real property on which
he or she conducts a business shall be eligible only for payments provided for under§602
or §603.
B. [§ 602] Actual Reasonable Moving Expenses
A displaced resident shall be compensated for the actual reasonable expenses
incurred in moving himself or herself and his or her family, including moving personal
property. In all cases the amount of a payment shall not exceed the reasonable cost of
accomplishing the activity in connection with which a claim has been filed. The actual
reasonable expenses incurred by the displaced resident for moving and related expenses
shall be compensated by the Displacing Agency on the basis of the lower of three (3)
comparable, competitive bids from professional movers, unless otherwise waived by the
Displacing Agency.
The moving and related expenses for which claims may be filed shall include:
1. Transportation of persons and property not to exceed a distance of
fifty (50) miles from the site from which the resident was displaced,
except where the Displacing Agency determines that relocation
beyond such distance of fifty (50) miles is justified;
2. Packing, crating, unpacking and uncrating personal property;
3. Such storage of personal property, for a period generally not to
exceed twelve (12) months, as determined by the Displacing Agency
to be necessary in connection with relocation;
4. Insurance of personal property while in storage or transit;
5. The reasonable replacement value of property lost, stolen, or
damaged (not through the fault of the displaced resident, his or her
agent or employee) in the process of moving, where insurance
covering such loss, theft or damage is not reasonably available;
dtrWTrtisckR--d1ands Acquisition Rules&Regs,wpd - 38 -
6. Cost of disconnecting, disassembling, dismantling, removing,
reassembling, reconnecting and reinstalling machinery, equipment or
other personal property not acquired by the Displacing Agency,
including connection charges imposed by public utilities for starting
utility service.
C. [§ 603] Alternate Payments
A displaced resident who is eligible for a payment for actual reasonable moving
expenses may elect to receive, and shall be paid, in lieu of such payment, a moving
expense and dislocation allowance which shall be determined according to a schedule
established by the Displacing Agency. The schedule shall be consistent with the
residential moving expense and dislocation allowance payment schedule established by
Part 24 of Title 49 of The Code of Federal Regulations.
D. [§ 604] Replacement Housing Payments for Displaced Homeowners
1. [§ 605] Amount of Payment
The Displacing Agency shall make, to a displaced homeowner who meets the
eligibility requirements of§606, a payment not to exceed a combined total of $22,500 for:
a. The amount, if any, which when added to the acquisition cost
of the dwelling acquired for the project equals the reasonable
cost of a comparable replacement dwelling (see §608) . This
amount shall not exceed the difference between the acquisition
price of the acquired dwelling and the actual purchase price of
the replacement dwelling;
b. The amount, if any, to compensate the displaced resident for
any increased interest cost he or she is required to pay for
financing the acquisition of a replacement dwelling. The
payment shall not be made unless the dwelling acquired by the
Displacing Agency was encumbered by a bona fide mortgage
which was a valid lien on the dwelling for not less than 180
days priorto the initiation of negotiations for acquisition of such
dwelling. (This time requirement may be modified in
accordance with the provisions of §606b);
C. Reasonable expenses incurred by the displaced resident
incident to the purchase of the replacement dwelling, but not
including prepaid expenses;
d. The cost of rehabilitating a dwelling which does not satisfy the
Vhf yr
decent, safe and sanitary standard.
dinivnisc\Redlands Acquisition Rules&Regs-u pc _ -
2. [; 6061 Eligibility
A displaced resident is eligible for a replacement housing payment if such person
satisfies the following conditions:
a. Is displaced from a dwelling that is acquired.
b. Has actually owned and occupied the dwelling from which he
or she is displaced as a permanent or customary and usual
place of abode for not less than 184 days prior to the initiation
of negotiations for acquisition of such dwelling. If an owner
satisfies all but the 180 day requirement and can establish to
the satisfaction of the Displacing Agency that he or she bought
the dwelling with the intention of making it his or her place of
residence, that the move was not motivated by a desire to
receive relocation assistance and benefits, and that he or she
neither knew nor should have known that public acquisition
was intended, the Displacing Agency may reduce the
requirement as necessary.
C. Purchases and occupies a replacement dwelling within one
year subsequent to the later of {i} the date on which he or she
received final payment from the Displacing Agency for all costs
of the acquired dwelling, or{ii} the date the Displacing Agency
fulfills its obligation to make available at least one comparable
replacement dwelling to the Displaced Person. Where for
reasons beyond the control of the displaced resident
completion of construction, rehabilitation, or relocation of a
replacement dwelling is delayed beyond the date by which
occupancy is required, the Displacing Agency shall determine
the date of occupancy to be the date the displaced resident
enters into a contract for such constructions rehabilitation, or
relocation or for the purchase, upon completion, of a dwelling
to be constructed or rehabilitated, if, in fact the displaced
resident occupies the replacement dwelling when the
construction or rehabilitation is completed. Where for reasons
of hardship or circumstances beyond the control of the
displaced resident, such person is unable to occupy the
replacement dwelling by the required date, the Displacing
Agency may extend the deadline in its sole discretion. No
person otherwise eligible for payment, shall be denied such
eligibility as a result of being unable, because of a major state
or national disaster, to meet the occupancy requirements
contained herein.
gjmvnisckRediands Acquisition sition Rules k Reps.wpd - 40 -
3. [§ 607] Computation of Replacement Housing Payment
a. [§ 608] Reasonable Cost of Comparable Replacement Dwelling
In determining the reasonable cost of a comparable replacement dwelling, the
Displacing Agency shall use one of the following methods:
(1) Comparative Method. On a case by case basis by
determining the listing price of dwellings which have
been selected by the Displacing Agency and which are
most representative of the acquired dwelling unit and
meet the definition of a comparable replacement
dwelling. Whenever possible the listing price of at least
three dwellings shall be considered.
(2) Schedule Method. Where the Displacing Agency
determines the comparative method is not feasible, it
may establish a schedule of reasonable acquisition
costs for the various types of comparable replacement
dwellings. The Displacing Agency shall cooperate with
other entities causing displacement in the area to
establish a uniform schedule. The schedule shall be
based on a current analysis of the market to determine
a reasonable cost for each type of dwelling to be
purchased. In large urban areas, the analysis may be
confined to the sub-area from which persons are
displaced or may cover several different sub-areas; if
they satisfy or exceed the criteria for a comparable
replacement dwelling. To assure the greatest
comparability of dwellings in any analysis, the analysis
shall be divided into classifications of the type of
construction, number of bedrooms, and price ranges.
(3) Alternative Method. Where the Displacing Agency
determines that neither the schedule, nor comparative
method is feasible in a given situation, by the use of
another reasonable method selected by the Displacing
Agency.
Whichever method is selected, the cost shall be updated to within three months of
the date of purchase of the replacement dwelling.
b. [§ 6091 Increased Interest Cost
djr6vmsctRedlands Acquisition Rules&Regs wpd - 41 -
� ,y Increased interest cost shall be equal to the discounted present value of the
difference between the aggregate interest applicable to the amount of the principal of the
mortgage on the acquired dwelling over its remaining term at the time of acquisition, and
other debt service costs, and the aggregate interest paid on the mortgage on the
replacement dwelling, and other debt service costs. The term and amount of the mortgage
on the replacement dwelling for the purposes of this section shall be the lesser of the
remaining term and amount of the mortgage on the acquired dwelling, or the actual term
and amount of the mortgage on the replacement dwelling. The amount of the debt service
cost with respect to the replacement dwelling shall be the lesser of the debt service cost
based on the cost required for a comparable replacement dwelling, or the debt service cost
based on the actual cost of the replacement dwelling.
Prepaid interest or"points"shall be considered in the determination of the aggregate
interest.
In calculating the amount of compensation, increased interest cost shall be reduced
to discounted present value using the prevailing interest rate paid on savings deposits by
commercial banks in the general area in which the replacement dwelling is located.
c. [§ 610}Expense Incidental to the Purchase of the Replacement
Dwelling
The replacement housing payment shall include the amount necessary to reimburse
the displaced resident for actual, reasonable costs incurred, incident to the purchase of the
replacement dwelling, including but not limited to the following:
(1) Reasonable legal, closing, and related costs including
title search, preparing conveyance contracts, notary
fees,surveys, preparing drawings or plans,and charges
paid incident to recordation;
(2) Lender, FNA, VA or similar appraisal costs;
(3) FHA, VA, or similar application fee;
(4) Cost for certification of structural soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's evidence or
assurance of title;
(7) Escrow agent's fee;
(8) Sales and transfer taxes.
Payment for any such expenses shall not exceed the amount attributable to the
purchase of a replacement dwelling. Such expenses shall be reasonable and legally
required or customary within the boundaries of the City.
Reimbursement shall not be made under the provisions of this section for any fee,
cost, charge, or expense which is determined to be a part of the debt service or finance
currer ucc%Redlands Acquisition Rums&Regs, pd - 42 -
charge under Title I of the Truth in Lending Act and Regulation Z issued pursuant thereto
by the Board of Governors of the Federal Reserve System. Any such sum should be
considered in the determination of increased interest cost.
4. [§ 611] Multi-Family Dwelling
In the case of a displaced homeowner who is required to move from a one-family
unit of a multi-family building which he or she owns, the replacement housing payment
shall be based on the cost of a comparable one-family unit in a multi-family building of
approximately the same density or if that is not available in a building of the next less
density, or, if a comparable one-family unit in such a multi-family building is not available,
the cost of any otherwise comparable single-family structure.
5. [§ 612] Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and occupy his or her dwelling,the
amount payable as the replacement housing payment is the difference between the
acquisition price of the acquired property and the sum of the moving and restoration
expenses, the cost of correcting decent, safe, and sanitary deficiencies, if any, and the
actual purchase price of a comparable relocation site. The payment shall not exceed the
amount of the replacement housing payment to which the homeowner would otherwise be
entitled.
6. [§ 613] Lease of Condominium
For the purpose of§604 through §612, the leasing of a condominium for a 99-year
period, or for a term which exceeds the life expectancy of the displaced resident as
determined by the most recent life tables in Vital Statistics of the United States, as
published by the Public Health Service of the Department of Health, Education and
Welfare or successor acceptable index, shall be deemed a purchase of the condominium.
E. [§ 614] Replacement Housing Payments for Tenants and Certain Others
1. [§ 615] Amount of Payment
The Displacing Agency shall make, to a displaced tenant who meets the eligibility
requirements of §616, a payment not to exceed $5,250.00 for either:
a. An amount necessary to enable such person to lease or rent
a comparable replacement dwelling for a period not to exceed
42 months; or
b. An amount necessary to enable such person to make a
downpayment on the purchase of a decent, safe and sanitary
djauriiisekRedlands Acquisition Rules&Re,-s,wpd -43 -
replacement dwelling(including incidental expenses described
in §610).
2. [§ 616] Eligibility
A displaced resident is eligible for a replacement housing payment if such person
satisfied the following conditions:
a. Has actually and lawfully occupied the dwelling from which he
or she is displaced for a period of not less than 90 days prior
to the initiation of negotiations for acquisition of such dwelling.
If a resident satisfies all but the 90-day requirement and can
establish to the satisfaction of the Displacing Agency that he
or she occupied the dwelling with the intention of making it his
or her place of residence, that the move was not motivated by
a desire to receive relocation assistance and benefits, and that
he or she neither knew nor should have known that public
acquisition was intended, the Displacing Agency may reduce
the requirements as necessary.
b. Is not eligible to receive a replacement housing payment for
homeowners or elects not to receive such payment. Where
the displaced resident is the owner-occupant of the dwelling for
at least 90 days but not more than 180 days immediately prior
to the initiation of negotiations for the acquisition of the
dwelling, the payment made under§615b shall not exceed the
amount of payment to which the resident would be entitled
under §605.
C. The displaced resident shall within one year from the date of
displacement rent or purchase (as the case may be) and
occupy a replacement dwelling. Where for reasons beyond
the control of the displaced resident, completion of
construction, rehabilitation, or relocation of a replacement
dwelling is delayed beyond the date by which occupancy is
required, the Displacing Agency shall determine the date of
occupancy to be the date the displaced resident enters into a
contract for such construction, rehabilitation, or relocation or
for rental or purchase, upon completion, of a dwelling to be
constructed or rehabilitated, if, in fact, the displaced person
occupies the replacement dwelling when the construction or
rehabilitation is completed. Where for reasons of hardship or
circumstances beyond the control of the displaced resident,
such person is unable to occupy the replacement dwelling by
the required date, the Displacing Agency may extend the
djn'�,=sctRedlands Acquisition Rules&-Regs wpd - 44 -
deadline at its sols discretion. No person otherwise eligible for
payment, shall be denied such eligibility as a result of his or
her being unable, because of a major state or national
disaster, to meet the occupancy requirements contained
herein.
3. [§ 617] Computation of Replacement Housing Payment
a. [§ 6181 Rent Differential Payment
The amount of payment necessary for a displaced resident to lease or rent a
comparable replacement dwelling shall be computed by subtracting forty-two (42) times
the base monthly rental of the displaced resident, from forty-two (42) times the monthly
rental for a comparable replacement dwelling; provided, that in no case may such amount
exceed the difference between forty-two (42) times the base monthly rental and forty-two
(42) times the monthly rental actually required for the replacement dwelling occupied by
the displaced resident.
(1) Base Monthly Rental. The base monthly rental shall be
the lesser of:
(a) the average monthly rental paid by displaced
resident for the 3-month period prior to initiation
of negotiations; or
(b) thirty percent (30°fes) of the displaced resident's
average monthly gross income.
Where the displaced resident was the owner of the dwelling from which he or she
was displaced or was not required to pay rent for that dwelling, or where the rental is
unrealistically low, the economic rent shall be used in lieu of the average monthly rental to
calculate base monthly rental.
(2) Rental for Comparable Replacement Dwelling. The
monthly rental for a comparable replacement dwelling
shall be determined by the Displacing Agency using one
of the following methods:
(a) Comparative Method. an a case by case basis
by determining the listing rental of dwellings
which are most representative of the acquired
dwelling and meet the definition of a comparable
replacement dwelling. Whenever possible the
listing rental of at least three dwellings shall be
yF
considered.
µ
41in',asekRedlands.AcQulsMon Rules&Regs,wpsi - 45 -
(b) Schedule Method. Where the Displacing
Agency determines the comparative method is
not feasible, it may establish a schedule of
reasonable rental charges for the various types
of comparable replacement dwellings. The
Displacing. Agency shall cooperate with other
entities causing displacement in the area to
establish a uniform schedule. The schedule
shall be based on a current analysis of the
market to determine a reasonable rental charge
for each type of dwelling to be rented. The
analysis may be confined to other sub-areas
from which the persons are displaced or may
cover several different sub-areas if they satisfy
or exceed the criteria for a comparable
replacement dwelling. To assure the greatest
comparability of dwellings in any analysis, the
analysis shall be divided into classifications of
the type of construction, number of bedrooms,
and range of rental charges.
C7) Alternative Method. Where the Displacing
Agency determines that neither the schedule,
nor comparable method is feasible in a given
situation, by the use of another reasonable
method selected by the Displacing Agency.
Whichever method is selected the cost shall be
updated to within three (3) months of the date of
rental of the replacement dwelling.
In calculating the base monthly rental and the
rental fora comparable replacement dwelling the
Displacing Agency will include as a component
of rent the cost or estimated cost of utilities, but
not including telephone service.
b. [§ 619] Downpayment
The downpayment for which a payment specified in §615b may be made, 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 §610. The full amount
of a downpayment shall be applied to the purchase of the replacement dwelling and shall
dials x9;se\Redlaids Acqumuon Rales&Rc gs,skp3 46
A, be shown on the closing statement or other document acceptable to the Displacing
tz Agency.
4. [§ 620] Rental Payments for Displaced Homeowners and Dependents
a. [§ 621] Homeowners
A displaced homeowner who elects to rent rather than purchase a replacement
dwelling and who meets the eligibility requirements of §616 is eligible for the rent
differential payment specified in §618.
b. [§ 622] Dependents
A dependent who is residing separate and apart from the person or family providing
support, whether such separate residence is permanent or temporary, shall be entitled to
payment under §614, but such payment shall be limited to the period during which the
displaced dependent resides in the replacement dwelling. For the purposes of this section,
"dependent" shall be a person who derives fifty-one percent (51%) or more of his or her
income in the form of gifts, from any private person or any academic scholarship or
stipend. Full time students shall be presumed to be dependents but this presumption may
be rebutted by demonstrating that fifty percent (50%) or more of their income is derived
from sources other than gifts from another private person or academic scholarship or
stipends.
Dependents residing with the family of which they are a part shall not be entitled to
any payment except as a part of the family.
F. [§623] Payments to Residents Displaced from Manufactured Homes and Mobile
Homes
1. [§ 624] Payments Required
The eligibility requirements and payment provisions of §600 through §619 are
applicable to displaced residents who are owners or tenants of manufactured homes and
mobile homes,
2. [§625] Moving Expenses: Retention and Move of Manufactured Home or
Mobile Home
If a manufactured home or mobile home is moved to another site and the displaced
resident elects to be compensated for actual reasonable moving expenses (and not an
alternate payment pursuant to§603), then the displaced resident shall be paid an amount
for moving expenses determined in accordance with the applicable provisions of §703,
Actual Reasonable Moving Expenses for a displaced business.
Ad
d-l-inknusckRedlands Acquismon Rules 6 ReFs,wj,,d - 47 -
yr 3. [§ 626] Replacement Housing Payments
The Displacing Agency shall make a replacement housing payment to a displaced
resident who is displaced from his or her manufactured home and mobile home in the
following situations:
a. A resident who owns a manufactured home or mobile home
and site and, as a replacement, purchases both a dwelling an'd
site, shall be provided a payment in accordance with §604. A
resident who owns a manufactured home or mobile home and
site and, as a replacement, rents both a dwelling and site, shall
be provided a payment in accordance with §614.
b. A resident who rents a manufactured home or mobile home
and site and, as a replacement, rents or purchases a dwelling
and site, shall be provided a payment in accordance with§614.
C. A resident who owns a manufactured home or mobile home
and site, and, as a replacement, purchases a dwelling and
rents a site, shall be provided a payment in accordance with
§604 and §614. The payment shall be limited to the lesser of:
(1) The amount necessary to purchase a conventional
comparable replacement dwelling; or
(2) The amount necessary to purchase a replacement
manufactured home or mobile home (in accordance
with §604) plus the amount necessary to rent a
replacement site (in accordance with §614). In
calculating this amount, the economic rent for the site
shall be used in lieu of average monthly rental to
determine base monthly rent.
d. A resident who owns a site from which he or she moves a
manufactured home and mobile home shall be provided a
payment under§604 if he or she purchases a replacement site
and under §614 if he or she rents a replacement site.
e. A resident who owns a manufactured home or mobile home
which is acquired and rents the site shall be provided payment
as follows:
(1) If a manufactured home or mobile home is not available
the amount required to purchase a conventional
t
replacement dwelling (in accordance with §604);
r
Er
c3Jm misc',Red1ands Acquisition Rules&Regs,upd — 48 —
(2) The amount necessary to purchase a replacement
manufactured home or mobile home (in accordance
with §604) plus the amount necessary to lease, rent or
make a down payment on a replacement site (in
accordance with §614); or
(3) If he or she elects to rent a replacement manufactured
home or mobile home and site, the amount required to
do so in accordance with §614. In calculating this
payment, the average monthly rental shall equal the
economic rent for the manufactured home or mobile
home plus the actual rent for the site.
f. Similar principles shall be applied to other possible
combinations of ownership and tenancy upon which a claim for
payment might be based.
G. [§ 627] Proration of Payments
For the purpose of calculating an alternate payment under§603, or a replacement
housing payment under§604 or§614,two or more individuals(whether they are members
of one family or not) living together in, and displaced from, a single dwelling shall be
regarded as one displaced resident. If two or more such individuals submit more than one
claim, an eligible claimant for a payment may be paid only his or her reasonable pro rata
share (as determined by the Displacing Agency) of the total payment applicable to a single
displaced resident. The total of the payments made to all such claimants moving from the
dwelling unit shall not exceed the total payment allowed to be made to a single displaced
resident.
Where a tenant is sharing a single-family dwelling with an owner-occupant, the
tenant shall not be entitled to more than one-half of the rental assistance payment
otherwise payable. The owner-occupant shall not be required to share the replacement
housing payment to which he or she is entitled or to accept a prorated amount.
H. [§ 628] Payment After Death
A replacement housing payment is personal to the displaced person and upon his
or her death the undistributed portion of any such payment shall not be paid to his or her
heirs or assigns, except that:
1. The cost attributable to the displaced person's actual occupancy of
the replacement housing shall be paid;
djrnv isc\Redlands Acquisition Rules&kegs,wpd - 49 -
2. The full payment shall be disbursed in any case in which a member
of a displaced family dies and the other family members continues to
occupy the replacement dwelling selected in accordance with the
regulations in this part; and
3. That portion of a replacement housing payment necessary to satisfy
the legal obligation of an estate in connection with the selection of a
dwelling by or on behalf of a deceased person shall be disbursed to
the estate.
djm,imsc'TRedlands Acquisition Rules&Regs.w.nd - 50 -
VII. [§ 7001 RELOCATION PAYMENTS TO DISPLACED BUSINESSES
}>J
A. [§ 7011 Payments Required
The Displacing Agency shall compensate the owner of a displaced business for the
expenses described in §702 through §706 or §707 through §713. Whenever the
acquisition of real property used for a business causes the business to move from other
real property upon which the same business is conducted, or to move its personal property
therefrom, such business shall receive payments for moving and related expenses under
§702 and §703 in connection with its move from such other real property.
B. [§ 7021 Moving Expenses
1. [§ 703] Actual Reasonable Moving Expenses
A displaced business shall be compensated for the actual reasonable expenses
incurred for moving the business including moving personal property. In all cases the
amount of payment shall not exceed the reasonable cost of accomplishing the activity in
connection with which a claim has been filed.
The moving and related expenses for which claims may be filed shall include:
a. Transportation of persons and property not to exceed a
distance of fifty (50) miles from the site from which the
business was displaced, except where the Displacing Agency
determines that relocation beyond such distance of fifty (50)
miles is justified,
b. Packing, crating, unpacking, and uncrating personal property,
C. Such storage of personal property for a period generally not to
exceed twelve (12) months, as determined by the Displacing
Agency to be necessary in connection with relocation;
d. Insurance of personal property while in storage or transit;
e. The reasonable replacement value of property lost, stolen, or
damaged (not through the fault or negligence of the displaced
business, its agents or employee) in the process of moving,
where insurance covering such loss, theft, or damage is not
reasonably available;
f. The cost directly related to displacement of modifying the
machinery,equipment, or other personal property to adapt it to
dpolumctRedlands Acquisition Mules d kegs,wpd - 51 -
the replacement location or to utilities available at the
replacement location or modifying the power supply.
Claims for payment under this subsection shall be subject to
the following limitations:
(1) Reimbursement costs shall be reasonable in amount.
(2) The cost could not be avoided or substantially reduced
at an alternate available and suitable site to which the
business was referred.
g. The cost of any license, permit, or certification required by a
displaced business concern to the extent such cost is
necessary to the reestablishment of its operation at a new
location;
h. The reasonable cost of consultants including: architects,
engineers, or others providing general or specialized services
necessary for (i) planning the move of the personal property,
or (ii) moving the personal property, or (iii) installing the
relocated personal property at the replacement location. For
purposes of this paragraph, and in order to avoid duplication
of payment, all such services shall not be deemed "necessary"
when the services have been or will be provided by the
Displacing Agency or consultants retained by the Displacing
Agency, The necessity of other services not provided by the
Displacing Agency shall be determined by the Displacing
Agency.
Payment for all of the above necessary services must be
approved in writing by the Displacing Agency prior to their use.
Information on the area of expertise and the qualifications of
such persons must be provided for review, and a reasonable
hourly rate or fee must be approved by the Displacing Agency
before any costs are incurred,otherwise,such services are not
reimbursable. An itemized statement of all services shall be
provided to the Displacing Agency stating the dates of such
services;the location where services were provided;the name,
address and telephone of person or firm providing services.
i. Where an item of personal property which is used in
connection with any business is not moved but is replaced with
a comparable item, reimbursement in an amount not to exceed
the lesser of:
djnejms,,,1,Redlands Acquisition Rules&kegs,wpd - 522 -
(1) The reasonable replacement cost of the personal
._= property, minus net proceeds (if any) realized from the
sale of all or part of the property,
(2) The estimated reasonable cost of moving the personal
property, as determined by the Displacing Agency.
In order to obtain a payment under this paragraph, the
displaced business shall make a bona fide effort to sell the
personal property for which the payment is claimed at the
highest price offered after reasonable efforts have been made
over a reasonable period of time to interested prospective
purchasers. The displaced business shall be reimbursed for
the reasonable costs of such effort to sell the tangible personal
property.
j. Where, in the judgment of the Displacing Agency, the cost of
moving any item of personal property of low value and high
bulk which is used in connection with any business would be
disproportionate in relation to its value, the allowable
reimbursement for the expense of moving such property shall
not exceed the difference between the cost of replacing the
same with a comparable item available on the market and the
amount which would have been received for such property on
liquidation. This provision may, in appropriate situations, be
applied to claims involving the moving of junk yards,stockpiles,
sand, gravel, minerals, metals, and similar property.
k. A displaced business which conducts a lawful activity primarily
for assisting in the purchase, sale, resale, manufacture,
processing, or marketing of products, commodities, personal
property, or services by the erection and maintenance of
outdoor advertising displays is entitled to payment for the
reasonable cost of moving such displays or their in-place
value, whichever is less.
2. [§ 704] Actual Direct Loss of Tangible Personal Property
A displaced business shall be compensated for the actual direct loss of tangible
personal property of the displaced business or farm operation attributable to moving or
discontinuing such business. The total amount of the payment by the Displacing Agency
for such loss shall not exceed an amount equal to the estimated, reasonable cost of
moving the personal property, as determined by the Displacing Agency. Subject to such
limitation, the actual direct loss of personal property for which claims may be filed shall be
� f
determined by appraising either:
1_
djrn%msc=,Redlands Acgn smon Rues&Regs_wpd - 53 -
IM a. The in-use value (fair market value of the personal property for
continued use at its location prior to displacement) minus net
proceeds realized from the sale of all or part of the property; or
b. The estimated reasonable costs of relocating the property.
The actual direct loss of personal property shall be computed and based on an
appraisal obtained by either the Displacing Agency or the displaced business, and
approved by the Displacing Agency.
In order to obtain a payment for the actual direct loss of personal property, the
displaced business shall make a bona fide effort to sell the personal property for which the
loss is claimed at the highest price offered after reasonable efforts have been made over
a reasonable period of time to interested prospective purchasers. The reasonable cost of
an effort to sell the personal property shall be added to the determination of loss under this
section.
In the event personal property which is sold or abandoned is promptly replaced with
a comparable item, no payment for the actual direct loss of such personal property shall
be made to the displaced business by the Displacing Agency; instead, the displaced
business shall be paid the amount specified in §703j.
3. [§ 705] Actual Reasonable Expenses in Searching for a Replacement
Business
Actual Reasonable Expenses incurred in searching for a replacement business site
which may include: transportation within a radius of fifty (50) miles from the boundaries
of the City, meals and lodging if necessary, an amount to cover time spent during normal
working hours and proven reasonable fees paid to a real estate broker or agent to locate
to a new site. The maximum total amount of reimbursement for searching expenses for
a new location is One Thousand and No/100 ($1,000.00) Receipted invoices, bills,
receipts, and a completed Displacing Agency Searching Cost Form must be certified and
submitted for all expenses claimed. Costs incurred in inspecting sites beyond a fifty (50)
mile radius are not eligible.
C. [§ 706] Actual Reasonable Expenses To Reestablish A Small Business or
Nonprofit Organization
1.[§ 706] Eligible Reestablishment Expenses
In addition to moving expense payments, a farm, nonprofit organization or small
business shall be entitled to actual and reasonable reestablishment expenses, not to
exceed $10,000.00. Reestablishment expenses shall be only those expenses that are
reasonable and necessary and include, but are not limited to:
djrnkmsc\Rediands Acqwsaion Rules&Regs.wpd - 54 -
a. Repairs or improvements to the replacement property as
required by federal, state or local law, code or ordinance.
b. Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for
conducting the business.
C. Construction and installation costs for exterior signing to
advertise the business.
d. Provision of utilities from right-of-way to improvements on the
replacement site.
e. Redecoration or replacement of soiled or worn surfaces at the
replacement site, such as paint, paneling or carpeting.
f. Licenses, fees and permits when not paid as part of moving
expenses.
g. Feasibility surveys, soil testing and marketing studies.
h. Advertisement of replacement location.
i. Professional services in connection with the purchase or lease
of a replacement site.
j. Estimated increased costs of operation during the first 2 years
at the replacement site for such items as:
(1) Lease or rental charges,
(2) Personal or real property taxes,
(3) Insurance premiums, and
(4) Utility charges, excluding impact fees.
k. Impact fees or one-time assessments for anticipated heavy
usage.
1. Other items essential to the reestablishment of the business.
2. [§ 706] Ineligible Reestablishment Expenses
The following is a nonexclusive listing of reestablishment expenditures not
considered to be reasonable, necessary, or otherwise eligible:
a. Purchase of capital assets, such as, office furniture„
machinery, or trade fixtures.
dlmanus `Redlands Acquisition Rales cY Regs.wpd — 55 —
b. Purchase of manufacturing materials, production supplies,
by product inventory, or other items used in the normal course of
the business operation.
C. Interior or exterior refurbishment at the replacement site which
are for aesthetic purposes, except as provided in §706 1 .e.,
above.
d. Interest on money borrowed for move or purchase of
replacement property.
e. Payment to a part-time business in the home which does not
contribute materially to the household income.
D. [§ 707] Alternate Payment
1. [§ 708] Determination of Payments
a. [§ 709] Amount of Payment
A displaced business which moves or discontinues, and which meets the eligibility
requirements of §711, may elect to receive and shall be paid, in lieu of the payments for
which it is otherwise entitled under §702, a payment equal to the average annual net
earnings of the business, except that such payment shall not be less than one thousand
dollars ($1,000.00) or more than twenty thousand dollars ($20,000.00). Said dollar
limitation shall apply to a single business regardless of whether it is carried on under one
or more legal entities.
b. [§ 710] Determination of Number of Businesses
In determining whether one or more legal entities, all of which have been acquired,
constitute a single business, the following factors among others, shall be considered:
(1) The extent to which the same premises and equipment
are shared;
(2) The extent to which substantially identical or intimately
interrelated business functions are pursued and
business and financial affairs are commingled;
(3) The extent to which such entities are held out to the
public, and to those customarily dealing with such
entities, as one business;
(4) The extent to which the same person or closely related
persons own, control, or manage the affairs of the
entities.
djnvausoRedlands Acquisition Rules&Regs,wpd - 56 -
2. [§ 711] Eligibility
A a. [§ 712] Business
A displaced business is eligible for the payment provided for in §707 only if the
Displacing Agency determines that:
(1) The business is not operated solely for rental purposes
and cannot be relocated without a substantial loss of its
existing patronage, based on a consideration of all
pertinent circumstances including such factors as the
type of business conducted, the nature of the clientele,
the relative importance to the displaced business of its
present and proposed location, and the availability of a
suitable relocation site;
(2) The business is not part of a commercial enterprise
having more than three (3) other establishments which
are not being acquired for a project and which is
engaged in the same or similar business. Whenever
the sole remaining facility of a business has been
displaced from its principal location:
(a) Has been in operation for less than two years;
(b) Has had average annual gross receipts of less
than$2,000.00 during the two taxable years prior
to displacement of the major component of the
business; or
0) Has had average annual net earnings of less
than$1,000.00 during the two taxable years prior
to displacement of the major component of the
business, the remaining facility will not be
considered another"establishment"for purposed
of this section; and
(3) The displaced business:
(a) Has average annual gross receipts of at least
$5,000.00 during the two taxable years prior to
displacement; or
(b) The displaced business had average annual net
earnings of a least $1,000.00 during the two
taxable years prior to displacement; or
The displaced business contributed at least
331/3 percent of the total gross income of the
owner(s) during each of the two taxable years
S prior to displacement. If in any case, the
A
Displacing Agency determines that the two year
dpf"isckRedian&Acquisition Rules Regs.wpd - 57 -
period prior to displacement is not representative
AM of average receipts, earnings or income, the
0111VP misplacing Agency may make 'use of a more
representative period,
(d) If application of the above criteria creates a
inequity or hardship,the misplacing Agency may
use other criteria as permitted in 49 CFR 24.306.
b. [§ 713] Nonprofit Organizations
For purposes of applying§707to nonprofit organizations,no payment shad be made
unless the misplacing Agency determines that:
a. The nonprofit organization`cannot be relocated without
a substantial loss of its existing patronage (the term
"existing patronage"- as used in connection with
nonprofit organization includes the membership,
persons,community,or clientele served by the activities
of the nonprofit organization), and
b. The nonprofit organization is not a part of an enterprise
having more than three (3) other establishmentsnot
beim acquired which is engaged in the same'or similar
activity.
3. [§ 714] Loss of Goodwill
When payment under this section will precede settlement of a claim for
compensation for leas of goodwill under the Eminent Domain Law,the misplacing Agency,
before tendering payment, shall;state in writing what portion of the payment, if any, is
considered to be compensation for lass of goodwill and shall explain in writing that any
payment made pursuant to Code of Civil Procedures 1263.510 et seq., (the Eminent
Domain Law, Chapter 0, Article 6 - "Compensation of Loss of Goodwill") will be reduced
in the same amount. The portion considered'to be compensation for loss of goodwill shall
not exceed the difference between the payment made under this section and an amount
which reasonably approximates the payments for which the displaced person otherwise.
would be eligible to receive under §703 through §706: Failure to provide such written
statement and explanation shall constitute 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.
Vlll. [§ 6( 0] CITIZEN PARTICIPATION
A. [§ 301] General Requirements
The misplacing Agency shall assure the following:
IMP
djt Esc\Redlands Acquisition Rules&Regs,%Td —
1. Timely and full access to all documents relevant to the relocation
program. The Displacing Agency may reasonably restrict access to
material where its confidentiality is protected by law or its disclosure
is prohibited by law.
The Displacing Agency shall ensure that the information in
documents, the provision of which would result in disclosure of the
identity of eligible persons, is provided in a manner designed to avoid
such disclosure. This obligation to avoid improper disclosure shall not
affect the right of the person to which the information relates, or any
other person authorized in writing by such person, to inspect such
documents.
2. The provision of technical assistance necessary to interpret elements
of the relocation plan and other pertinent materials.
3. The right to submit written or oral comments and objections, including
the right to submit written comments on the relocation plan and to
have these comments attached to any Relocation Plan when it is
forwarded to the City Council. (see §319 et seq.)
4. Prompt, written responses to any written objections or criticisms.
B. [§ 802] Relocation Committee
When a substantial number of persons will be displaced from their dwellings, the
Displacing Agency shall encourage the residents and community organizations in the
displacement area to form a relocation committee. The committee shall include, when
applicable, residential owner occupants, residential tenants, business people, and
members of existing organizations within the area. In lieu of initiating a new process of
citizen participation, public entities which have conducted or are conducting a citizen
participation process as part of an existing development program may substitute such
process if it satisfied the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings, the
Displacing Agency shall at least consult with and obtain the advice of residents and
community organizations and make the relocation plan available to such persons and
organizations prior to submitting it to the legislative body for approval.
C. [§ 803] Replacement Housing Committee
The Displacing Agency shall establish a Replacement Housing Committee when
required as described in §409
dJt \nusc\RedJands Acquismon Rules&Reas,wpd — 59 —
IX. [§ 9001 CLAIM AND PAYMENT PROCEDURES;
q TERMINATION OF RELOCATION ASSISTANCE
A. [§ 901] Filing of Claims
All claims for relocation assistance and payments filed with the Displacing Agency
shall be submitted within eighteen (18) months of the date on which the claimant receives
final payment for the property or the date on which claimant moves, whichever is later. The
Displacing Agency may, in its sole discretion, extend this period upon a proper showing of
good cause.
B. [§ 902] Documentation in Support of Claim
1. [§ 903] Moving Expenses
a. [§ 904] Commercial Moves
Except in the case of a displaced resident or displaced business electing to "self
move", a claim for payment of actual reasonable moving expenses shall be supported by
a bill or other evidence of expenses incurred.
Each claim in excess of one thousand dollars ($1,000) for the costs incurred by a
displaced business in moving the business operation shall be supported by at least three
(3) competitive bids. If the Displacing Agency determines that compliance with the bid
requirement is impractical, or if estimates in an amount less than one thousand dollars
($1,000) are obtained, a claim may be supported by estimates in lieu of bids.
b. [§ 905] Self-Moves
Approval of a self-move shall be conditioned upon whether the displaced business
has a permanent replacement site to move to. If so,the Displacing Agency may, at its sole
discretion, approve a payment for moving expenses, in an amount not to exceed the lowest
acceptable bid or estimate obtained by the Displacing Agency. A self-move to storage may
be approved by the Displacing Agency at its sole discretion.
c. [§ 906] Exemption from Public Utilities Commission Regulations
Whenever the Displacing Agency must pay the actual cost of moving a displaced
person or business, the costs of such move shall be exempt from regulation by the Public
Utilities Commission. The Displacing Agency may solicit competitive bids from qualified
bidders for performance of the work. Bids submitted in response to such solicitations shall
be exempt from regulation by the Public Utilities Commission.
2. [§ 907] Loss of Property
lfl djm nasclRedlands Acquisition Rules&Regs, pd - 60 -
A claim by a displaced business for payment for the actual direct loss of tangible
personal property pursuant to §704 shall be supported by written evidence of loss which
may include appraisals, certified prices, bills of sale, receipts, canceled checks, copies of
advertisements, offers to sell, auction records, and other records appropriate to support
the claim or the Displacing Agency may agree as to the value of the property left in place,
3. [§ 908] Proof of Earnings
If a displaced business elects to receive an alternate payment pursuant to §707 of
these Rules and Regulations, the business shall provide proof of its earnings to the
Displacing Agency. Proof of earnings for the last five (5) business years may be
established by income tax returns, financial statements and accounting records or similar
evidence acceptable to the Displacing Agency.
C. [§ 909] Payment of Moving Expenses
1. [§ 910] Advance Payment
An eligible displaced resident or displaced business may be paid for his or her
anticipated moving expenses in advance of the actual move. The Displacing Agency shall
provide advance payment whenever later payment would result in financial hardship.
Particular consideration shall be given to the financial limitations and difficulties
experienced by low and moderate income residents and small farm and business
operations.
2. [§ 911] Direct Payment
By prearrangement between the Displacing Agency, the displaced resident or
displaced business, and the mover, evidenced in writing, the claimant or the mover may
present an unpaid moving bill to the Displacing Agency, and the Displacing Agency may
pay the mover directly.
3, [§ 912] Methods Not Exclusive
The specific provisions of these Rules and Regulations are not intended to preclude
the Displacing Agency's reliance upon other reasonable means of effecting a move,
including contracting moves and arranging for assignment of moving expense payments
by displaced persons.
D. [§ 913] Payments for Replacement Dwellings
dirriVnisckRe-diands Acquisition Rules&Regs wpd - 61 -
1. 141 Payment for Purchase of Comparable Replacement Dwelling
a, § 1 Disbursement
When the Displacing Agency has determinedthe amount of the payment for
purchase of a comparable replacement dwelling to which the displaced resident is entitled'
and has verified that the displaced resident occupies a comparable replacement dwelling,
payment shall be made to the displaced resident;
b. [§ 916] Provisional Payment Pending Condemnation
If the exact amount of a' replacement housing payment cannot be determined
because of a pending condemnation suit, the Displacing Agency may, at the Displacing
Agency's scale discretion, make a provisional replacement housing payment to the
displaced homeowner equal to the difference between the Displacing Agency's maximum
offer for the property and the reasonable coast of a comparable replacement dwelling, but
only if the homeowner enters into aro agreement that upon final adjudication of the
condemnation suit the replacement housing payment will be recomputed on the basis of
the acquisition price determined by the court. If the acquisition price as determined by the
court is greater than the maximum offer upon which the provisional replacement housing
payment is based, the difference shall be refunded by the homeowner to the Displacing
Agency, If the acquisition price as determined by the court is less than the maximum offer
upon which the provisional replacement housing payment is based,the difference shall be
paid to the homeowner. An agreement shall be entered into between the Displacing'`
Agency and the displaced homeowner setting forth terms and conditions for payment and
refund of such amounts.
c. 917j Certificate of Eligibility
Upon request by a displaced homeowner or tenant who has not yet purchased and
occupied a comparable replacement dwelling, but who is otherwise eligible for a
replacement housing payment,the Displacing Agency shall certify to any interested party,
financial institution or lending agency,;that the displaced homeowner or tenant will be
eligible for the payment of a specific sum if he or she purchases and occupies a dwelling
within the time limits prescribed
2. [§ 918] Ment Differential payments
When the Displacing Agency hes determined the amount of the rent differential
payment to which the displaced resident is entitled and has verified that the displaced
resident occupies a comparable replacement dwelling, payment shall be made in a lump
surra to the displaced resident unless the payment is, as determined by the Displacing
Agency in its sole discretion, in excess of the maximum amount set forth in§615, in which
case payments may be made in periodic installments.
4laorniscRedl nds Acquisition Rules& egs. pd - 62 -
E. [§ 9191 Termination of Relocation Assistance
The Displacing Agency's relocation obligations cease under the following
circumstances:
1 A displaced resident moves to a comparable replacement dwelling
and receives all assistance and payments to which he or she is
entitled;
2. The displaced resident moves to substandard housing and refuses
reasonable offers of additional assistance in moving to a decent, safe
and sanitary replacement dwelling and receives all payments to which
he or she is entitled;
3. All reasonable efforts to trace a person have failed;
4. The business concern or farm operation has received all assistance
and payments to which it is entitled and has been successfully
relocated or has ceased operations;
5. A person displaced from his or her dwelling, business or farm
operation refuses reasonable offers of assistance, payments and
comparable replacement dwellings.
The Displacing Agency determines a relocatee is not a Displaced Person or
is otherwise not entitled to relocation assistance.
djmTnisc',Redlands Acqwsnjon Rules&Regs,wpd - 63 -
vy X. [§ 1000] GRIEVANCE PROCEDURES
A. [§ 1001] Purpose
The purpose of the Grievance Procedures is to attempt to resolve disputes between
the claimant and the Displacing Agency at the lowest possible administrative level while
affording the claimant an opportunity to have a full and fair review of his or her case.
Therefore, all relevant evidence should be presented at the lowest level of these
proceedings. In any case where such evidence could have been presented at a lower level
and the claimant failed to do so, the Relocation Appeals Board may refer the matter back
to the lower level for consideration and determination prior to their considering such
evidence.
B. [§ 1002] Right of Review
Any displaced person who is not satisfied with a determination as to eligibility,
amount of payment, and failure by the Displacing Agency to provide comparable
permanent or adequate temporary replacement housing or the Displacing Agency's
property management practices, or not properly applying appropriate regulations, at his or
her election may have his or her claim reviewed and reconsidered in accordance with the
following procedures.
C. [§ 1003] Request for Further Written Information
A claimant shall first request the Displacing Agency's designated representative to
provide him with a full written explanation of the determination and the basis therefor,
which explanation shall be provided to the claimant within three weeks from the date of
receipt of the request. This request must be made within the same 18 month period
described in §1009.
D. [§ 1004] Informal Oral Presentation
If the claimant feels that the written explanation is incorrect or inadequate, he or she
may request an informal hearing with the Community and Economic Development Director
(Director). All such requests shall be in writing and shall be accompanied by a relocation
complaint form if required by the Displacing Agency. Claimant shall have the burden of
determining whether the Displacing Agency requires submittal of a complaint form. The
request for an informal hearing must be submitted to the Directorwithin the same 18 month
period described in §1009.
Within fifteen (15) days from the date of receipt of claimant's written request,
including a relocation complaint form (incorporated as Exhibit "B"), claimant shall be
afforded an opportunity to make an oral presentation to the Director to enable the claimant
41iierni,c'Aedlands Acquisition Rules&Regs,wpd - 64 -
to discuss the claim with the Director. The claimant may be represented by an attorney or
other person of his or her choosing at the oral hearing (at the cost of the claimant).
The Director shall prepare a summary of the matters discussed and determinations
made during the informal oral hearing, place a copy of the summary in claimant's file, and
serve a copy thereof upon the claimant.
E. [§ 1005] Written Request for Review and Reconsideration
At any time within the period described in §1009 a claimant may file a written
request for formal review and reconsideration. The claimant may include in the request for
review any statement of fact within the claimant's knowledge or belief or other material
which may have a bearing on the appeal. If the claimant requests more time to gather and
prepare additional material for consideration or review and demonstrates a reasonable
basis therefor, the claimant's request shall be granted.
F. [§ 1006] Formal Review and Reconsideration by Director
1. The Director shall consider the request for review and shall decide
whether a modification of the initial determinations necessary. The
Director shall have the authority to revise the initial determination or
the determination of a previous oral presentation. The Director 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 Director shall inform
claimant he or she has the right to be represented by an attorney, to
present his or her case by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such cross-examination, as may be
required, for a full and true disclosure of facts, and to seek judicial
review once claimant has exhausted administrative appeal.
2. The Director shall review and consider the initial determination of the
claimant's case in light of:
a. All material upon which the Displacing Agency based its
original 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.
b. The reasons given by the claimant for requesting review and
reconsideration of his or her claim.
C. Any additional written or relevant documentary material
submitted by the claimant.
v dirnm�soRedlands Acquisition Rules&Regs.wpd - 65 -
d. Any further information which the Director may, in his or her
discretion, obtain by request, investigation or research, to
insure fair and full review of the claim.
3. The determination on review by the Director shall include, but is not
limited to:
a. The Director's decision on reconsideration of the claim.
b. The factual and legal basis upon which the decision is based,
including any pertinent explanation or rationale.
C. A statement of claimant's right to seek further review of his or
her claim by the Relocation Appeals Board and an explanation
of the steps the claimant must take to obtain this review.
The Director shall issue his or her determination of review as soon as
possible but no later than forty-five (45) days from receipt of the last material submitted for
consideration by the claimant or the date of the hearing, whichever is later.
In case of complaints dismissed for untimeliness or for any other reason not
based on the merits of the claim, the Director shall furnish a written statement to claimant
stating the reason for the dismissal of the claim as soon as possible but not later than
fifteen (15) days from receipt of the last material submitted by the claimant or the date of
the hearing, whichever is later.
G. [§ 1007] Appeals Board Review
If the claimant feels that the Director's determination following the informal oral
hearing, or written review by the Director is incorrect or inadequate, he or she may request
a formal hearing before the Relocation Appeals Board .
To obtain a formal hearing before the Relocation Appeals Board the claimant must
request in writing that the Director schedule such a hearing. Such request shall be made
within the period described in §1009.
1. Within fifteen (15) days from the date of receipt of claimant's written
request, he or she will be notified of the formal hearing date. If the
claimant requests additional time to prepare material for consideration
and shows good cause therefor, the hearing date shall be continued
to another date.
2. The Relocation Appeals Board shall have the authority to revise the
prior determination of the Director.
qjnilmsc?Redlands Acquisition Rules&Regs wpd - 66 -
3. The Relocation Appeals Board shall, at the time it gives notice of the
formal hearing date, notify the claimant that he or she has the right to
be represented by an attorney or others at his or her own expense, to
present his or her,case by oral or documentary evidence; the right to
submit oral or documentary evidence; the right to submit rebuttal
evidence to conduct such cross examination as may be required for
a full and true disclosure of facts; and the right to seek judicial review
once claimant has exhausted administrative appeal.
4. The Relocation Appeals Board shall review the initial determination
or the determination made at an informal hearing taking into
consideration all material upon which the challenged determination
was made, all applicable rules and regulations, the reasons given by
the claimant for requesting review, any additional relevant evidence,
oral or documentary, submitted by either the claimant or the
Displacing Agency's representatives. No evidence may be relied
upon by the Relocation Appeals Board where the claimant has been
improperly denied an opportunity to rebut evidence or cross-examine
a witness.
5. The Relocation Appeals Board shall make its recommendation within
six weeks from the date on which the formal hearing is concluded or
the date of receipt of the last material submitted, whichever is later.
6. The Relocation Appeals Board's recommendation shall be made in
writing and shall contain its recommendation, the factual and legal
basis upon which the recommendation is made and a statement
informing the claimant of his or her right to seek judicial review.
7. The claimant and the Displacing Agency's governing body shall be
promptly served with a copy of the Relocation Appeals Board's
recommendation.
H. [§ 1008) Determination by City Council or Agency Board
Upon reviewing the recommendation of the Relocation Appeals Board,the Director
shall refer the recommendation to the City Council or Agency Board, as applicable, at its
next regular meeting and the City Council or Agency Board shall thereupon fix a time for
considering the matter, which time shall be not less than thirty (30) days from the time the
recommendation is delivered to the City Council or Agency Board by the Director.
Can the date thus fixed, or on the date to which the matter shall have been
continued, the City Council or Agency Board shall proceed to consider the
recommendation of the Relocation Appeals Board and shall make and enter on its minutes
its final determination therein, which may confirm, modify, or set aside the findings of the
dirrims0Redlands Acquisition Rules&Regs.wpd — 67 -
Relocation Appeals Board, The City Council's or Agency Board's determination in the
matter shall be final and conclusive. The Displacing Agency shall provide a written
rt yr determination to the claimant.
The claimant shall be deemed to have exhausted his/her administrative remedies
upon the Displacing Agency taking action upon his/her appeal or the failure of the claimant
to timely pursue its rights hereunder.
1. [§ 1009] Time Limits
A claimant desiring either an informal oral presentation or seeking a formal review
and reconsideration, including seeking the review of the Relocation Appeals Board, shall
make a request within eighteen(18) months following the later of(i)the date he/she moves
from the property or (ii)the date he/she receives final compensation for the property. The
Director may, but is not required to, extend any of the time limits specified in this Article
upon a showing of good cause. Any refusal to waive a time limit may be reviewed in
accordance with the procedures set forth in sections 1003 and 1007 above; except that
such written request for review shall be filed within ninety (90) days of claimant's receipt
of the Displacing Agency's determination.
J. [§ 10 10] Review of Files By Claimant
The claimant may inspect all files and records bearing upon his or her claim or the
prosecution of the claimant's grievance, except to the extent the confidentiality of the
material sought or the disclosure thereof is protected or prohibited by law.
K. [§ 1011] Effect of Determination
Determinations made by the Displacing Agency with respect to acquisition and
relocation policies and procedures shall be applicable to all eligible persons in similar
situations regardless of whether any such eligible person seeks a review. All written
determinations shall be filed in the records of the Displacing Agency and available for
public inspection.
L. [§ 1012) Right to Counsel
Any claimant has the right to be represented by an attorney at his or her expense
at any and all stages of the proceedings set forth in this Article.
M. [§ 1013] Further Review
If the Displacing Agency, as set forth in §1008, denies the eligibility of a claimant for
a payment, or disapproves the full amount claimed, or refuses to consider the claim on its
merits because of untimely filing, or any other ground, the Displacing Agency's notification
j�
dmNrus6Rediands Acquisition Bales&R"s wpd - 68 -
to the claimant of its determination shall inform the claimant of its reasons therefor, and
shall also inform the claimant of the applicable procedures for obtaining further review of
this determination.
N. [§ 10141 Joint Complainants
Where more than one person is aggrieved by the failure of the Displacing Agency
to refer them to comparable permanent or adequate temporary replacement housing, the
complainants may join in filing a single written request for review. A determination shall
be made as herein provided for each of the complainants.
d. [§ 1015] Judicial Review
Nothing in this section shall in any way preclude or limit a claimant from seeking
judicial review of a claim upon exhaustion of such administrative remedies as are available
under these Rules and Regulations.
djm7 .,oRedlands Acqufsmon Rules&Regs,wo - 69 -
XL[§ 1100] ACQUISITION PROCEDURES
These acquisition procedures are intended to comply with the guidelines set forth,
in §7257, §7267.1 and §7257.2 of the Government Code which the Displacing Agency
shall follow prior to the adoption of a Resolution of Necessity, Compliance with these
procedures sell enable the Displacing Agency to declare upon adapting a Resolution of
Necessity that it has found and determined pursuant to Code of 'Civil Procedure
§1245.2301, that either the offer required by §7267,2 of the Government Code hes been
made to the owner or owners of record, or the offer hes not been made because the owner
cannot be located with reasonable diligence,These acquisition procedures shall only apply
to thoseacquisitions by the Displacing Agency that are subject to the provisions set forth'
in sections 7257 to r 267.7, inclusive, of the Government Code.
A [§ 1101] Acquisition of Property by Negotiation
The Displacing Agency shall make every reasonable effort to acquire property by
negotiation and to dna so expeditiously.These acquisition procedures shall not apply to the
entry upon property pursuant to §1245.0116 of the Code of Civil Procedures in order to
make photographs, studies, surreys, examinations, tests, soundings, bearings, samplings
or appraisals or to engage in similar activities reasonably related to acquisition or use of
the property for that:use, nor shall these acquisition procedures apply to the acquisition of
any easement, right-of-way, covenant or other non-possessory interest in real property to
be acquired for the construction, reconstruction, alteration, enlargement, maintenance,
renewal,repair,or replacement of subsurface sewers,waterlines or appurtenances,drains,
septic tanks, or storm water drains.
B. [§ 11012] Appraisal of Property
Before negotiations are initiated to acquire property, the Displacing Agency shall
have the property appraised, and shall give the owner or his or her designated
representative an opportunity, by reasonable advance written notice, to accompany the
appraiser during the inspection of the property. The Displacing Agency shall not be
required to have the property appraised where the property is "offered for sale" within the
meaning of Government Code 7257.2(b , or where the property is acquired by donation
to the'Displacing Agency.
C. [§ 1103] notice of Decision to Appraise
1. [§ 11014]Contents of Notice
The Displacing Agency shall provide the owner with written notice of its decision to
appraise the real property as soon as possible after the decision to appraise has been
reached. The notice shall, at a minimum, contain the following:
A dunVms6Red1ant s Acquisition Rules&!fie s_w -
a. A statement that a specific area is being considered for a
particular public use, i.e., the project;
b. A statement that the owner's property is located within the
project area;
C. A statement that the owner's property, which shall be generally
described, may be acquired in connection with the public use;
and
d. A statement that the owner or his or her representative
(designated in writing) shall be given the opportunity to
accompany each appraiser during his or her inspection of the
property.
2. [§ 1105] Information Statement: Property Acquisition Procedures
At the time the Displacing Agency notifies an owner of its decision to appraise real
property, it shall furnish the owner with a written explanation of its land acquisition
procedures, describing in non-technical, understandable terms the Displacing Agency's
acquisition procedures and the principal rights and options available to the owner. Such
statement shall inform the owner that if the Displacing Agency decides to acquire the
subject property, certain prescribed land acquisition procedures will be followed. The
statement shall also include the following explanations:
a. A description of the basic objective of the Displacing Agency's
land acquisition program and a reference to the availability of
the Displacing Agency's written explanation concerning the
relocation benefits to which an owner-occupant may be
eligible.
b. A statement that, if the acquisition of any part of the real
property would leave the owner with an uneconomic remnant,
the Displacing Agency will offer to acquire the uneconomic
remnant, if the owner so desires.
C. A statement that, if the owner of real property is also the owner
of a business conducted on the real property to be acquired,
or on any remainder parcel, the owner may have a right to
compensation for loss of goodwill. The Displacing Agency
shall include a copy of the pertinent provisions of the Eminent
Domain Law pertaining to compensation for loss of goodwill
set forth in Code of Civil Procedure, §1263.510 et seq., as well
as a copy of the sections of these Rules and Regulations
commencing with §1116.
� r
dim nsc'Redlands Acquisition Rales ct Regs.wpd — 71 —
d. A statement that, if the owner is not satisfied with the
Displacing Agency's offer of just compensation, the owner will
be given a reasonable opportunity to present any relevant
material, which the Displacing Agency will carefully consider,
and that if a voluntary agreement cannot be reached, the
Displacing Agency, as soon as possible, will either hold a
hearing in connection with the matter of a Resolution of
Necessity or give notice that it does not intend, at this time, to
proceed with acquisition of the property.
e. A statement that the Displacing Agency shall schedule the
construction or development of a project such that, to the
greatest extent practicable, no person lawfully occupying real
property shall be required to move from a dwelling (assuming
a comparable replacement dwelling will be available) or to
move his or her business without at least 90 days written
notice from the Displacing Agency of the date by which the
move is required.
f. A statement that if the Displacing Agency arranges to rent the
property to an owner or his or her tenant for a short term, or for
a period subject to termination by the Displacing Agency on
short notice, the rental will not exceed the lesser of the fair
rental value of the property to a short term occupier or the pro
rata portion of the fair market value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental
for the dwelling shall be within his or her financial means.
D. [§ 1106] Prior to Making an Offer to Purchase
Prior to making an offer to purchase the property,the Displacing Agency shall make
reasonable efforts to determine the identity of the owner and other interested parties.
1. [§ 1107] Record Title
The Displacing Agency shall obtain reasonably current preliminary title
reports, litigation guarantees, reports, lot book reports,county assessment records
or other information reasonably accessible from the public records of the County,
to identify the name and address of the record owner of the property.
2. [§ 1108] Occupants
The Displacing Agency shall conduct a reasonable visual inspection of the
property to identify tenants, residents, businesses, or other persons in possession
dyn',niisc'Redlands Acquisition Rule,&Regs,wpd - 72 -
of the property who have, or, by their occupation of the property, may have, a
compensable interest in the property and shall make a reasonable inquiry of the
record owner as to the owner's knowledge concerning such occupants.
3. [§ 11091 Notices to Contact Owner
Any notifications or other attempts to contact the owner and other interested
parties shall be made at the property if the owner or other interested parties are
present on the property. Otherwise, such notifications and contacts shall be made
at the last known or most current address of the owner or other interested parties,
as may be reasonably available to the Displacing Agency.
4. [§ 1110] Identity and Address of Owner
If the identity and address of the owner or other interested parties cannot be
located by search of the public records or by inspection of the property, in order to
attempt to obtain such information, the Displacing Agency shall make further good
faith efforts to identify and locate the owner and other interested parties, including,
for example, contact with utility companies servicing the property, and inquiry of the
Displacing Agency's licensing department, building and safety department, and any
other departments to which property owners make reports, file applications or
otherwise transact business. The Displacing Agency shall also consult other
probable sources of such information.
E. [§ 1111] Establishment of Just Compensation
1. Before negotiations are initiated to acquire property, the Displacing
Agency shall establish an amount it believes to be just compensation
for the property to be acquired, which amount shall, in no event, be
less than the Displacing Agency's approved appraisal of the fair
market value of the property. The appraisal shall not be deemed
approved unless it has been reviewed to the satisfaction of the
Displacing Agency or its designated officer and the Displacing Agency
or its designated officer has determined in writing that the appraisal
is approved. The Displacing Agency may initiate negotiations without
first having obtained an appraisal in the event the property to be
acquired has a low market value not justifying, in the opinion of the
Displacing Agency the expense or delay of an appraisal and the
owner of the property agrees, in writing, to sell or donate the property
without an appraisal having first been obtained and approved by the
Displacing Agency.
The determination of just compensation shall be based upon
consideration of:
dl vnisc?Redlan&.Acquisition Rules&Rets wpd - 73 -
a. The real property being acquired;
b. there the real property acquired is part of a larger parcel, any
damages to the remainder; and
C. Loss of goodwill where the owner of the property is also the
owner of a business conducted on the property to be acquired
or on the remainder, and where the provisions of the Eminent
Domain Law pertaining to compensation for loss of goodwill
are satisfied.
2. Notwithstanding subdivision 1 of this section , the Displacing Agency
may make an offer to the owner or owners of record to acquire real
property for less than an amount which it believes to be just
compensation thereof i 1)the real property is offered for sale by the
owner at a specified ,price less than the amount the Displacing
Agency believes to be just compensation therefor, ( the Displacing
Agency offers a price which is equal to the specified price for which
the property is being offered by the landowner, and (3) no federal
funds are involved in the acquisition, construction, or project
development.
3.' As used in subdivision 2 of this section, the term "offered for sale"
means any of the following:
a. Directly offered by the landowner to the Displacing Agency for
a specified price in advance of negotiations by the Displacing
Agency.
b. Offered for sale to the general; public at an advertised or
published,specified price set no more than six )months prior
to and stili available at the time the Displacing Agency initiates
contact with the landowner regarding the Displacing Agency's
possible acquisition of the property.
F. [§ 1112] Uneconomic Remnant; Donation of Property
1. Whenever a portion of property is to be acquired by the Displacing
Agency for a public use and the remainder will be deft in such size,'
shape or condition as to constitute an uneconomic remnant, the
Displacing'Agency shall offer to ,acquire the entire property if the
owner so desires. An uneconomic remnant is a parcel of real.
property in which the owner retains an interest after partial acquisition
of the property and which has little or no utility or value to such owner.
djislunisekRetllands Acquisition Rules&Rec s.wpd —74 -
2. A person whose real property is being acquired, may, after the person
2 has been fully informed of his or her right to receive just
compensation for the property, donate the property, any part thereof,
any interest therein, or any compensation paid therefor to a public
entity determined by the person.
G. [§ 1113] Initiation of Negotiations
1. [§ 1114] Written Offer
The Displacing Agency shall make its first written offer to acquire the property as
soon as practicable following service of the Notice of Decision to Appraise. Such offer
shall be made as soon as possible after the amount of just compensation is established
by the appraisal. The offer shall include the full amount of just compensation established,
unless otherwise indicated in the offer, and shall represent the fair market value of the
property identified in the offer to be acquired without apportionment between the parties
who may claim a compensable interest in the property.
. [§ 1115] Statement of the Basis of Just Compensation
At the time the Displacing Agency makes its offer to acquire the property it shall
provide the owner with a written statement of the basis for its determination of just
compensation. The statement shall include the following:
a. A general statement of the public use for which the property is
to be acquired;
b. A description of the location and extent of the property to be
taken,with sufficient detail for reasonable identification and the
interest to be acquired;
C. An inventory identifying the buildings, structures, fixtures, and
other improvements;
d. A recital of the amount of the offer and a statement that such
amount:
(1) Is the full amount believed by the Displacing Agency to
be just compensation for the property taken;
(2) Is not less than the approved appraisal of the fair
market value of the property;
(3) Disregards any decrease or increase in the fair market
value of the real property to be acquired prior to the
� 1
djmkimsckReodlands Acquismon Rules S Reps-wpd — 75 —
date of valuation caused by the project for which the
property is to be acquired, or by the likelihood that the
-- property would be acquired for such project,other than
that due to physical deterioration within the reasonable
control of the owner or occupant;
(4) [does not reflect any consideration of or allowance for
any relocation assistance and payments or ether
benefits which the owner is entitled to receive under an
agreement with the Displacing Agency except for an
amount to compensate the owner forthat portion of loss
of goodwill provided in accordance with §6100 of the.
state Guidelines;
e. If the owner of real property to be acquired is also the owner of
a business conducted upon the property or the remainder,the
statement shall include an indication of the amount of
compensation for loss of goodwill, if any.
f. If after receiving the; Displacing Agency's offer the owner
requests additional information regarding the determination of
just compensation, the Displacing Agency shall provide the
following information to the extent that the determination of just
compensation is based thereon:
(1) The date of valuation used.
(2)' The highest and best use of the property.
( ) The applicable zoning.
(4) Identification of some of the sales, contracts-to sell and
purchase, and leases supporting the determination of
value,
(6) If the property is a portion of a larger parcel, a
description of the larger parcel, with sufficient detail for
reasonable identification,
g. With respect to each sale, contract, or lease provided in accordance
with subdivision f.(4) of §1116 above, the following data should be
provided:
(1) The names and business or residence addresses, if
known, of the parties to the transaction.
(2) The location of the property subject to the transaction.
(3) The date of the transaction,
(4) The price and other significant terms and
circumstances of the transaction, if known, In lieu of
stating the other °terms and circumstances, the
440
dimVfasc,ReilanJS Acquisition Rules&FReas,wpd — 76 -
Displacing Agency may, if the document is available for
inspection, state the place where and the times when it
is available for inspection.;
h. The requirements of this subsection do not apply to requests made
after an eminent domain proceeding is commenced.
H. [§ 1116] Right to Obtain Payment
Nothing in these acquisition procedures shall be construed to deprive a tenant of the
right to obtain payment for his or her property interest as otherwise provided by law.
I. [§ 1117] Loss of Goodwill
As soon as practicable after the initiation of negotiations the Displacing Agency shall
provide written notification to the owner of a business conducted on the real property to be
acquired or on the remainder, who is not also the owner of the real property, concerning
his or her possible right to compensation for loss of goodwill. The Displacing Agency shall
include a copy of the provisions of the Eminent Domain Law pertaining to compensation
for loss of goodwill set forth in Code of Civil Procedure, §1263.510. The Displacing Agency
shall also include a copy of the portion of these Rules and Regulations pertaining to
compensation for loss of goodwill.
J. [§ 1118] Compensation for Loss of Goodwill
The procedure for determining and offering compensation for loss of goodwill in
connection with the Displacing Agency's acquisition of any property shall be governed by
§1118 through §1124, inclusive, of these Rules and Regulations.
1. [§ 1119] Compensation Generally
With respect to the owner of a business conducted on property acquired by the
Displacing Agency, or on the remainder if such property is part of a larger parcel, the
amount of just compensation to be paid by the Displacing Agency may include
consideration of loss of goodwill, to the extent required by law and these Rules and
Regulations.
Within the meaning of these Rules and Regulations, "goodwill" consists of the
benefits that accrue to a business as a result of its location, reputation for dependability,
skill or quality, and any other circumstances resulting in probable retention of old or
acquisition of new patronage.
The owner of a business shall be compensated for loss of goodwill if the owner
proves all of the following:
djrn�nnsc\Redlands Acquisition Rules&Regs wpd - 77 -
a. The loss is caused by the taking of the property or the injury to
the remainder,
b. The loss cannot reasonably be prevented by the relocation of
the business or by taking steps and adopting procedures that
a reasonably prudent person would take and adopt in
preserving the goodwill;
C. Compensation for the loss will not be included in payments
under§700 of these Rules and Regulations or under§7262 of
the Government Code;
d. Compensation for the loss will not be duplicated in the
compensation otherwise paid to the owner.
2. [§ 1120] Notice of Intent to Claim Loss of Goodwill
The owner of a business conducted on property acquired by the Displacing Agency,
or on the remainder if such property is part of a larger parcel, may, at any time prior to
relocating from, or discontinuing its operation on,the property,notify the Displacing Agency
of its intent to provide any information, materials, or data in order to satisfy the
requirements of subdivisions (a) through (d), inclusive, of §1118.
3. [§ 1121] Conference to Discuss Eligibility to Receive Compensation for
Loss of Goodwill
Upon receipt of the notice required by §1120, the Director or his or her designee
shall confer with the business owner regarding the owner's claim for compensation for loss
of goodwill. Based upon review and consideration of information presented at the
conference, the Director shall determine whether a goodwill appraisal should be made.
4. [§ 1122] Business Records; Authorization to Negotiate
If the determination to appraise loss of goodwill is made as provided in §1120, the
owner of the business shall provide to the Displacing Agency such business records as the
Displacing Agency may require, including, but not limited to state income tax returns,
financial statements, and any accounting records. The Displacing Agency shall preserve
the confidentiality of the financial records, and shall not use such records for any purpose
other than to determine the business owner's entitlement to, or amount of, compensation
for loss of goodwill.
dqn nnsc:Rcdlands acquisition Rules&Regs,upd - 78 -
5. [§ 1123] Calculation of Net Amount of Just Compensation for Loss of
Goodwill for Negotiation Purposes
The Displacing Agency shall calculate the amount it believes to be the net amount
of just compensation for loss of goodwill to which the business is entitled. In making this
calculation, the Displacing Agency shall consider the following:
a. The amount the Displacing Agency believes to be the total
amount of loss of goodwill to which business owner is entitled;
and
b. Any compensation for loss of goodwill the Displacing Agency
determines is included in payments made or to be made under
§700 of these Rules and Regulations.
6. [§ 1124] Eminent Domain
Notwithstanding any other provision contained in the acquisition procedures, in the
event an eminent domain proceeding is brought by the Displacing Agency to acquire any
property, the owner of any business located on the property, or the remainder if such
property is part of a larger parcel, may claim compensation for loss of goodwill in
connection with such proceeding. The business owner/claimant's failure to do so shall
constitute a waiver of any compensation for loss of goodwill.
K. [§ 1125] Negotiations; Eminent Domain
Prior to the commencement of an eminent domain proceeding to acquire real
property:
1. The Displacing Agency shall make reasonable efforts to discuss with
the owner its offer to purchase the owner's real property;
2. The owner shall be given reasonable opportunity to present material
which he or she believes to be relevant as to the question of value
and to suggest modification in the proposed terms and conditions of
the purchase, and the Displacing Agency shall carefully consider the
owner's presentation;
3. If the evidence presented by an owner or a material change in the
character or condition of the property indicates the need for a new
appraisal or if a significant delay has occurred since the determination
of just compensation, the Displacing Agency shall have its appraisal
updated;
djmx2rnsc\Redlands Acquisition Rules&Rees.wpd - 79 -
4. If a modification in the Displacing Agency's determination of just
JAM compensation is warranted, an appropriate prig adjustment shall be
made and the new amount determined to be just compensation shall
be promptly offered in writing to the owner.
In no event shall the Displacing Agency either advance the time of condemnation,
or defer negotiations or condemnation or the deposit of funds in court for the use of the
owner, or take any ether action coercive or misleading in nature, in order to compel or
induce an agreement on the price to be paid for the property.
If the Displacing Agency holds the,required=hearing and adopts a resolution of
necessity to acquire any interest in property,the Displacing Agency shall promptly Institute
formal condemnation proceedings. The Displacing Agency shall not intentionally make it
necessary for an owner to institute legal proceedings to prove the fact of the faking of his
or her property;
L. [§ 1126) Notice of Decision Not to Acquire
Whenever the [displacing Agency has forwarded a Notice of Intent to Displace, a
Notice of Decision to Appraise, or has made a firm offer and subsequently decides not to
acquire the property, the Displacing Agency shall 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 displacing Agency has decided
not to acquire the property. It shall be served not later than ten (1 0)days following the date
of the Displacing Agency's decision not to acquire. Upon receipt of such notice any person
shall be deemed not to be a displaced person.
I1tl. [§ 11271 Incidental Expenses
If the real property is acquired by purchase, the Displacing Agency shall reimburse
the owner for all reasonable expenses the owner necessarily incurred incidental to the
conveyance of such property to the Displacing Agency. The following expenses shall be
reimbursed to the owner:'
1. Recording fees, transfer taxes and similar expenses incidental to
conveying the real property;
. The pro rata portion of charges for public service, such as water,
sewage, and trash collection, which are allocable to the period
subsequent to the date of transfer of title to the Displacing Agency, or
the effective date of possession of such property by the Displacing
Agency, whichever is earlier.
The Displacing Agency shall inform the owner that he or she may apply for a rebate
of the pro rata portion of any real property taxes paid, which are allocable to the period
CS
djffsni.&OR+dtands Acquisition gales&Regs,wpd 8
subsequent to the date of transfer of the property to the Displacing Agency or the effective
F, date of possession of such property by the Displacing Agency, whichever is earlier.
N. [§ 1128] Purchase Price as Public Information
The purchase price and other consideration paid by the Displacing Agency for real
property is public information and shall be made available upon request.
0. [§ 1129] Service of Notice
Service of all notices required by these acquisition procedures shall be made either
by first class mail or by personal service upon the person to be notified.
djrnt isc\Redlands Acquisition Rules&Regs wpd
@gl X11. [§ 12001 PROPERTY MANAGEMENT PRACTICES
A. [§ 12011 Short Term Rental
If the Displacing Agency permits an owner or tenant to occupy the acquired real
property on a rental basis for a short term or for a period subject to termination by the
Displacing Agency on short notice, the amount of rent required shall not exceed the lesser
of the fair rental value to a short term occupier or a pro rata portion of the fair rental value
for atypical rental period. If the owner or tenant is an occupant of a dwelling, the rental for
the dwelling shall be within his or her financial means.
B. [§ 12021 Notice to Vacate
The construction or development of a project shall be so scheduled that no eligible
person occupying real property shall be required to move from a dwelling, or to move his
or her business, without at least ninety(90) days written notice from the Displacing Agency
of the date by which such move is required. The Displacing Agency shall notify each
individual tenant to be displaced as well as each owner-occupant.
C. [§ 12031 Eviction
Eviction is permissible only as a last resort. Relocation records must be
documented to reflect the specific circumstances surrounding the eviction. Eviction may
be undertaken for one or more of the following reasons:
1. Failure to pay rent, except in those cases where the failure to pay is
the result of lessor's failure to keep the premises in habitable
condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services;
2. Remaining in possession after expiration or termination of the term;
3. Performance of a dangerous or illegal act on the property;
4. Material breach of the rental agreement and failure to correct such
breach within thirty (30) days of notice;
5. Maintenance of a nuisance and failure to abate within a reasonable
time following notice;
6. Refusal to accept one of a reasonable number of offers of
replacement dwellings;
dIrwimscARedlands Acquisition Rules&R,-gs,wpd - 82 -
7, The eviction is required by state or local law and cannot be prevented
�r by reasonable efforts on the part of the Displacing Agency.
& Failure to execute a rental agreement with the Displacing Agency
provided the 90 day notice to vacate had been given, relocation
information had been given at least 90 days prior to eviction, and
referrals to comparable replacement housing have been given.
D. [§ 1204] Status of Post-Acquisition Tenants
1. [§ 1205] Notice of Status
The Displacing Agency shall inform prospective post-acquisition tenants, before
they occupy the property, that the property has been acquired for a public use and will be
available only in the interim between acquisition and development and that development
for such use may result in termination of the tenancy sooner than would otherwise be
expected.
The Displacing Agency shall also inform prospective post-acquisition tenants
regarding the projected date of displacement and, periodically,shall inform post-acquisition
tenants of any changes in such date.
2. [§ 1205] Notice to Vacate
A post-acquisition tenant who occupies acquired real property on a rental basis for
a short term and who is informed that the property has been acquired for a public use shall
be given any notices required by law.
3. [§ 1207] Eligibility for Relocation Assistance and Payments
Post-acquisition tenants are not eligible for relocation assistance and payments if,
before occupying the property, they are informed by the Displacing Agency that the
property has been acquired for a public use and will be available only in the interim
between acquisition and development and that development for such use may result in
termination of the tenancy sooner than would otherwise be expected. When so informed,
post-acquisition tenants are not eligible even though they move as a result of a written
order from the Displacing Agency to vacate the real property.
Persons who become post-acquisition tenants afterthe effective date of these Rules
and Regulations who are not so informed and who move as a result of a written order from
the Displacing Agency to vacate are eligible for relocation assistance and payments,
except where they are evicted in accordance with §1203 of the Rules and Regulations.
f
djimnusc\R€elands r\I,q ismon Kn#es 4 Regs-wlid — 93
so 4. [§ 1208] Move from Permanent Housing
Where the Displacing Agency, on property it owns, is making housing available on
a permanent basis (i.e., not pending development), a post-acquisition tenant who moves
as a result of a written order from the Displacing Agency to vacate is eligible for relocation
assistance and payments if the order to vacate is related to a plan to demolish or
rehabilitate such dwelling units. A post-acquisition tenant who is required to move as a
result of the sale of such dwelling units to a private person for demolition or rehabilitation
is eligible without need for a written order to vacate from the Displacing Agency.
dimknisc,,Redlands Acquisition Rules&Re2s,wpd - 84 -
Exhibit "A"
MODEL RELOCATION PLAN
a r For Displacement of Fifteen Households or less
INTRODUCTION
Please choose and complete one of the following paragraphs, whichever best describes your project.
Any of the following paragraphs may be modified, made more clear, or rewritten to better describe your
project or situation.
(1 has entered or will be entering
into an Agreement with to rehabilitate rental
housing units within the City/County of households
will have to be permanently displaced for this project to go forward. households
will have to be temporarily displaced for the project to go forward. The location of this
housing, which is the subject of this relocation plan, is generally described as
follows:
(See attached project site map -- Attachment 1)
(2) has entered into an Agreement with
to purchase and develop property within the City/County of
. As a result, some housing will be affected and
households will have to be permanently displaced for this project to go forward. The
location of this housing,which is the subject of this relocation plan, is generally described
as follows:
(See attached project site map -- Attachment 1)
(3) has taken action which may result in
the purchase and development of property within the City/County of
. As a result, some housing will be affected and
households will have to be permanently displaced for this project to go forward. The
location of this housing,which is the subject of this plan, is generally described as follows:
(See attached project site map -- Attachment 1)
(4) (If you wish, you may use the following space to describe your
project.)
(The name of the entity or consultant preparing the plan) has
prepared and will administer this Relocation Plan (the "Plan"), under the direction of or
involvement with (name of public agency involved with the project)
. This Plan provides the results of a needs assessment
survey,a housing resource study and details of the displacing entity's proposed relocation
program.This Plan sets forth policies and procedures necessary to conform with statutes
and regulations established by the California Relocation Assistance Law, California
Government Code section 7264 et seq. (the "CRAL°) and the California Relocation
Assistance and Real Property Acquisition Guidelines, Title 25, California Code of
Regulations, chapter 6, section 6044 et seq. (the "guidelines").
MODEL RELOCATIONPLAN PAGE 1
If there are federal funds involved in this project, this Plan and benefits may also need to conform with
the Uniform Relocation Act (46 UZ.C. § 4600 et seq.), its implementing regulations (49 C.F.R. part 24)
F and other requirements and regulations of the applicable funding source.
No displacement activities will take place prior to the required reviews and approval of this Plan.
A. ASSESSMENT OF NEEDS
To obtain information for the preparation of this Plan,a personal interview was conducted with (number)
of the households living on the Project site. (If a personal interview was not done with any of the
households, briefly explain how the relevant information was obtained.)
A table is attached showing some of the household characteristics and needs. (See -- Attachment 2)
Attached are the most current income limits for the"very low-" "low-",and"moderate-"income categories
as established by HUD for County. (Attach the most current HUD income category
limits for your county--Attachment 3.)The attached table shows the income categories for each of the
households. (Attachment 2)
Briefly, describe the neighborhood demographics and characteristics:
Briefly describe any location needs and preferences for housing(such as preference for homeownership
or tenancy,preferred area of relocation,proximity to public transportation, employment,schools,medical
facilities, publiclsocial services and agencies, recreational services, parks, community centers, and
shopping) and any ether special needs (such as the need for a unit with disabled access or special
services, special language needs, special schools, etc.) of each of the displaced
households..
B. REPLACEMENT HOUSING RESOURCES
A resource survey was made on or about to identify available comparable,decent,safe
and sanitary units available in close proximity to the Project site. three bedroom units, two
bedroom units, and one bedroom units will be required to adequately relocate the Project site
households. (if larger units are needed,please indicate:)
Therefore, the survey focused on confirming the availability of this number and size of bedroom units.
Attached is a copy of the resource survey showing the number and size of the available units found in
the survey and their rent or purchase levels and location. (Please create and attach a housing survey
which conforms with the housing needs and preferences identified elsewhere in this Plan--Attachment
..,>`
4.)
MODEL RELOCATION PLAN PAGE-2
Briefly describe how the replacement housing resources meet the specific needs identified in section A.
C. CONCURRENT RESIDENTIAL DISPLACEMENT
Briefly describe any current or proposed displacing activities in yourjurisdiction which may impact upon
the ability to relocate the displaced households.
D. TEMPORARY HOUSING
Please check any of the following numbered paragraphs, whichever is applicable:
(1) There is no anticipated need for temporary housing. Should such a need arise,the displacing
entity will respond appropriately and in conformance with all applicable laws and requirements.
(If you check this paragraph, you may skip to section E.)
(2) There is a need to provide temporary housing, for not more than 180 days, for those
households as indicated in the attached table of housing characteristics and needs (Attachment
2). This project is a "Qualified Affordable Housing Preservation Project" as defined in
Government Code sections 7260, subdivision (c)(3)(13)(ii), and 7262.5. households are
expected to be temporarily displaced and they will be entitled to the following benefits and
assurances:
(a) The right to a temporary unit inside or, with the written consent of the household, outside
the project as long as such unit meets the standards of "comparable replacement
housing„ as defined in section E below; and
(b) The cost of the replacement housing, including rent and average monthly utility costs, will
not exceed 30%of the household's average monthly income or their current rent amount,
whichever is less; and
@) The right to return to their original unit; and
(d) The rent for the first 12 months upon returning to the original unit, will not exceed the
lower of the following: (1) up to 5% higher than the rent at the time of displacement; or
(2) up to 30% of the household's income; and
(e) The estimated time for displacement will be reasonable; and
(f) The temporary replacement housing will not be unreasonably impacted by the
rehabilitation construction, taking into account the age and physical condition of
household members; and
(g) Moving expenses. See section H for an explanation of allowable moving expenses.
It is estimated that the temporary displacement for each of the households will occur on or about
MODEL I2ELO ArTONPLAN PAGE.3
It is estimated that the length of time of displacement for each household (not to exceed 180 days) will
be
(3) As a result of rehabilitation, some households will be temporarily displaced for a period not
to exceed 90 days. The attached table identifies households which will be displaced for no more
than 90 days (Attachment 2). These households are entitled to the following benefits and
assurances:
(a) The right to move back into their original unit; and
(b) The right to be temporarily relocated to"comparable" replacement housing as defined in
section E below; and
0) The cost of the replacement housing, including rent and average monthly utility costs,will
not exceed 30%of the household's average monthly income or their current rent amount,
whichever is less; and
(d) For the first 12 months upon return to their original units, the rent shall not exceed the
lesser of the rent levels prior to displacement or 25%of the household's average monthly
income; and
(e) Moving expenses. See section N for allowable moving expenses..
(4) The displacing entity may need to temporarily move some households until such time that
permanent comparable replacement housing is available. The displacing entity may only use this
option under the following conditions and written assurances to the displaced households:
(a) The displaced household agrees to such temporary relocation; and
(b) The temporary housing must be adequate; and
q Permanent comparable housing must be made available to the displaced household no
later than 12 months after the temporary move. The household, however, may agree to
extend the 12 month period; and
(d) Permanent comparable replacement housing will be made available on a priority basis
to the household and if the project plan anticipates moves back into the project area, the
temporarily displaced household will be given priority to obtain such housing; and
(e) The temporary move will not affect the household's eligibility for replacement housing
benefits or relocation assistance.Also,the temporary move will not deprive the household
of the choice of replacement units that would have been available had the temporary
move not taken place, and the costs of the temporary move will not be considered as part
of the relocation payments to which the household is entitled; and
(f) The displacing entity will pay all costs in connection with the move to temporary housing,
including increased housing costs.
E. PROGRAM ASSURANCES AND STANDARDS
r There are adequate funds to relocate all the households. Services will be provided to ensure that
displacement does not result in different or separate treatment of households based on race, nationality,
color, religion, national origin, sex, marital status, familial status, disability or any other basis protected
by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil
Rights Act of 1964, Title VIII of the Civil Rights Act of 1963, the California Fair Employment& Housing
Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.
No one will be displaced without 90 days notice and unless "comparable" replacement housing can be
located. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in
§ 6003(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and
quality of construction of the acquired unit but not lesser in rooms or living space than necessary to
accommodate the displaced household; in an area that does not have unreasonable environmental
conditions; not generally less desirable than the acquired unit with respect to location to schools,
employment, health and medical facilities, and other public and commercial facilities and services; and
within the financial means of the displaced household as defined in section 6003, subdivision 0)(5) of
the Guidelines. The relocation program to be implemented by the displacing entity conforms with the
standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California
Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and
requirements.
F. RELOCATION ASSISTANCE PROGRAM
Staff is available to assist any displaced household with questions about relocation and/or assistance
in relocating. Relocation staff can be contacted at from a.m. to p.m. The
Relocation Office is located at
A comprehensive relocation assistance program,with technical and advisory assistance,will be provided
to the households being displaced. Close contact will be maintained with each household. Specific
activities will include:
Distribution of informational brochures. (Attach sample brochures and notices to be given to
displaced households -- Attachment 5.)
1. Timely referrals to at least three comparable replacement units as defined above and,
if necessary, transportation will be provided to inspect potential replacement units.
2. Assistance with completion and filing of relocation claims,rental applications,and appeals
forms, if necessary.
G. CITIZEN PARTICIPATION/PLAN REVIEW
This Plan will be provided to each household and will be made available to the public for the mandatory
thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to
submission far approval before the (name of responsible agency)
. A copy of the approved Plan will be forwarded to the
California Department of Housing and Community Development (HCD).
H. RELOCATION BENEFIT CATEGORIES
This section generally explains the benefits available to displaced tenants and homeowner households
only. If you have households that are mobilehomelmanufactured homeowners, or homeowner
households that wish to retain and move their units, you should consult the CFIAL, the Guidelines, and
other applicable regulations and requirements for additional information.
MODEL RELOCATION PLAN PAGE 5
Relocation benefits will be provided in accordance with the CRAI_,the Guidelines,and all ether applicable
regulations and requirements. Benefits will be paid upon submission of required claim forms and
u documentation in accordance with approved procedures. The displacing entity will provide appropriate
In benefits for each displaced household as required by the above laws and requirements.
Residential Moving Expense Pa mfr tints
The subject households will be eligible to receive a payment for moving expenses. Payments will
be made based upon either a fixed room count schedule or an invoice for actual reasonable
moving expenses from a licensed professional mover. For temporary moves, moving expenses
will be paid for both the move to temporary replacement housing and the move back to the
rehabilitated unit.
1) Fixed Payment - A fixed payment for moving expenses based on the number of rooms
containing furniture or other personal property to be moved. The fixed moving payment
will be based upon the most recent Federal Highway Administration schedules maintained
by the California Department of Transportation. (!f using fixed payment, attach the most
current moving schedules-- Attachment 6.)
- OR -
2) Actual Reasonable Moving Expense Payments - The displaced households may elect
to have a licensed, professional mover perform the move; if so, the displacing entity will
pay for the actual cost of the move up to 50 miles and all reasonable charges for packing,
unpacking, insurance, and utility connection charges.The payment will be made directly
to the mover or as reimbursement to the displaced household.
Rental Assistance/Down Payment Assistance
Displaced households who are residential tenants and who have established residency within the
Project site for a minimum of 90 days prior to the"initiation of negotiations"will be eligible for both
Rental Assistance and Moving Expense Payments. Check one of the following:
(1) [Public Agency Acquisition] "Initiation of Negotiations" is defined as the first written
offer to buy the property from which the households will be displaced. In this case, the
estimated or actual date of the first written offer to purchase the properties of the tenant
households is (if known at this time)
(2) [Private Entity Acquisition] "Initiation of Negotiations" is defined as the later of the
actual date of acquisition or the date of the Agreement between the private entity and the
public agency for purposes of acquiring and developing or rehabilitating the subject
property. In this case, the estimated or actual date of "initiation of negotiations" is (if
known at this time)
Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a
maximum of$5,250 based upon the monthly housing need over a forty-two (42) month period.
In addition, the households may opt to apply the amount to which they are entitled toward the
purchase of a replacement unit.
Last Resort Housing Payment
tGE
Check one of the following statements, whichever is applicable:
MODEL RELOCATION PLAID PAGE 6
(1) There is adequate "comparable replacement housing" according to the attached
housing survey (Attachment 4). Therefore, there is no need to provide Last Resort
�2 Housing Payments. (If you checked this paragraph, you may skip to Assistance to
Homeowners below.)
(2) There is a lack of "comparable replacement housing" according to the attached
housing survey(Attachment 4).Therefore,there is a need to provide Last Resort Housing
Payments.
"Last Resort Housing„payments are authorized by statute if affordable"comparable replacement
housing" cannot be found for the displaced tenant household (i.e., housing not more than 30%
of the household's average monthly income.) In this case, payments may be made beyond the
$5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment
beyond $5,250 may be paid in installments or in a lump sum at the discretion of the displacing
entity. Briefly specify your policy concerning allowing lump sum or installment payments.
If a household chooses to purchase a replacement home rather than rent, the household will
have the right to request a lump sum payment of the entire balance to which they are entitled.
Assistance to Homeowners
Check one of the following statements, whichever is applicable:
(1) No homeowners will be displaced by this Project. (!f you check this paragraph, you
may skip the rest of this section.)
(2) It is anticipated that homeowners will be displaced by this Project.
Homeowners displaced by this Project will be eligible for relocation replacement housing
payments if the following conditions are met:
(a) The household has owned and occupied their unit for not less than 180 days prior to
the "Initiation of Negotiations." (See, Rental AssistancelDown Payment Assistance
above); and
(b) The household purchases and occupies a replacement unit within one year from: (i)
the date that the household receives the final payment from the displacing entity for all
the costs of the acquired unit - or- (ii) the date that the household vacates the acquired
unit, whichever is later.
Displaced homeowner households will receive assistance in locating a"comparable replacement"
unit and will be eligible for the following benefits, not to exceed $22,500:
1. Purchase Price Differential:
The displaced households will be entitled to receive an amount equal to the difference between
the price paid for the acquired unit and the amount required to purchase a "comparable
replacement" unit. The displacing entity is allowed the following options in paying any price
differential as explained in section 5102 of the Guidelines: (Check which option is being used.)
MODEL RELOCATION PLAN PAGE 7
(a) Comparative Method: On a case-by-case basis, the displacing entity will determine
ti the price of a"comparable replacement"unit,which is most representative of the acquired
� f
unit, by selecting and considering the listing price of at least three (whenever possible)
"comparable replacement" units.
(b) Schedule Method: If the Comparative Method is not feasible, the displacing entity
may establish a schedule of reasonable acquisition costs of "comparable replacement"
units based on a current analysis of the housing market.
C) Alternative Method: When neither the Comparative nor Schedule Methods are
feasible, the displacing entity may use another reasonable method.
(Attach a more detailed explanation of the method used, and, if appropriate, why other methods
were not used. Include an estimate of price differentials for each displaced homeowner, a
schedule of acquisition costs, and, to the extent that such information is not included in
Attachment 4, a survey of any "comparable replacement" units used in your method --
Attachment 7.)
2. Other Payments:
Moreover, displaced homeowners will receive the following assistance:
(a) Payments to cover the cost between the difference of the household's current debt
or mortgage service and any increase in debt or mortgage costs necessary to acquire
a "comparable replacement" housing unit; and
(b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as
escrow costs, and recording and credit reporting fees.
3. Rental Assistance Option:
If a displaced homeowner household, which has purchased and occupied its current unit at least
100 days prior to the"initiation of negotiations,"desires to rent instead of purchase a replacement
unit, the household is eligible for all the benefits and assistance that is available to tenant
households. However, such replacement housing payments may not exceed the payments the
household would have been entitled to if it had elected to purchase a replacement unit.
4. Last Resort Housing Payments:
Check one of the following statements, whichever is applicable:
(1) There is adequate "comparable replacement housing" for homeowner households.
(If you check this paragraph, you may skip the rest of this section.)
(2) There is a lack of "comparable replacement housing" for homeowner households.
If there is not enough"comparable replacement housing"available,the displacing entity shall pay
whatever costs are necessary beyond the statutory cap of ; 22,500 to acquire a "comparable
replacement" unit, including reasonable incidental expenses.
rpt
MODEL RELOCATION PLAN PAGE 8
A displaced homeowner household which has purchased and occupied its current unit for less
than 180 days but at least 90 days prior to the "initiation of negotiations" is eligible for all the
assistance and benefits that are available to a tenant household.
I. PAYMENT OF RELOCATION BENEFITS
Relocation benefit payments will be made expeditiously. Claims and supporting documentation for
relocation benefits must be filed with the displacing entity within eighteen (18) months from: (i)the date
the claimant moves from the acquired property; -or- (ii) the date on which final payment for the
acquisition of real property is made,whichever is later. Procedures for preparing and filing of claims and
processing and delivering of payments are attached. (Attach a brief description of your relocation policy
regarding procedures for relocation payments and assistance-- Attachment 8.)
No household will be displaced until "comparable" housing is located as defined above and in section
6008, subdivisions Q) and (d) of the Guidelines. Relocation staff will inspect any replacement units to
which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as
defined in section 6008,subdivision(d)of the Guidelines. However,no household will be denied benefits
if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and
sanitary housing.
J. EVICTION POLICY
The displacing entity recognizes that eviction is permissible only as a last resort and that relocation
records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will
only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous
or illegal act in the unit, or if the household refuses all reasonable offers to move. Eviction will not affect
the eligibility of a person legally entitled to relocation benefits.
K. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly
stated, the displaced household will have the right to ask for review when there is a complaint regarding
any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the
amount of payment, or the failure to provide a comparable replacement housing referral. A copy of the
established appeals policy and procedures is attached. ( Attachment 9. )
L. PROJECTED DATES OF DISPLACEMENT
Households will receive a 90 day notice to vacate before they are required to move. These notices are
expected to be issued on or about (give best estimate)
Relocation is expected to be completed for all households on or about (give best estimate)
M. ESTIMATED RELOCATION COSTS
The displacing entity anticipates using the following funds for the Project:
Any and all required financial assistance will be provided. The budget estimate for this Project is:
- 1
MODEL RELOCATION PLAN PAGE 9
TABLE OF ATTACHMENTS
ria Attachment 1: Attach Project Site Map,
Attachment 2: Attach Table of Household Characteristics and Needs.
(Complete and attach HCD's model Table}
Attachment 8: Attach most current HUD Income Category Limits for your County.
(Information may be obtained from HCD)
Attachment 4: Attach Housing Resource Survey.
Attachment 5: Attach Sample Notices and/or Brochures to be given to Displaced Households.
Attachment 6: Attach the most current Fixed Payment Moving Schedule.
(A schedule of payments may be obtained from HCD.)
Attachment 7: Attach,if applicable,Explanation of Purchase Price Differential Method, Schedule
of Acquisition Costs, and Survey of Comparable Homeowner Housing.
Attachment 8: Attach Relocation Payment Policy regarding Procedures for Relocation Payments
and Assistance.
Attachment 9: Attach Copy of Established Appeals Policy and Procedures.
Attachment 10: Attach Plan Addendum.
(Comments submitted regarding the Plan by the Public or HCD.)
Attach any other information that you believe is important or helpful.
Exhibit "B"
RELOCATION ASSISTANCE APPEAL COMPLAINT FORM
PI;POtVAL INFOPMATION NOTICE.`Pursuant to the Federal Privacy Act 1P,L. 93-879 and the Information Practices Act of 1977(fir"vi!
Code Sections 1798.et seq,),notice is hereby given for the request of personal information by this farm, The requested personal
information is voluntary, The principal purpose of the voluntary information is to facilitate the processing of this farm, The failure to>
provide all or any part of the requested information may delay processing of this form, No disclosure of personal information will be made
unless permissible ander Article 6,Section 1798.24 of the IPA of 7977. Each individual has the right upon request and proper
identification,to inspect all personal intomiation in any record maintained on the individual by an identifying particular. Direct any inquires
on information maintenance to your local IPA Office
INSTRUCTIONS TO APPELLANTS: Address of Subject Parcel:
State nature of your complaint and reasons for this !
appeal in space at bottom. Attach extra pages if
needed. You will be notified of the date when your
complaint will be considered.Sign and data this
form and mail to: Print or type your full name(s):
s
Attn:[NAME]
[CITY/AGENCY] ` ! Present mailing address:
[DEPARTMENT]
[ADDRESS]
[CITY, STATE ZIP]
Day telephone number: ( }
Evening telephone number: ( }FOR DISPLACING AGENCY DISE ONLY Will you be present at the hearing?: [ ]Yes [ ] No
Assessor Parcel No: Will you be represented by counsel?: [ ]Yes [ ]No
R/W No: This appeal is based on: [ ] Eligibility only
[ ] Amount of
Other: Payment only
] Eligibility amount
The Appellant is: [ ] Residential Owner-Occupant
] Residential Tenant
[ ] Business Owner/Operator
Appellant's Statement:
This is an appeal of a determination made by the Displacing Agency under the California Relocation /assistance Law
(Government Cade,Section 7260 et seq.)or Federal Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended (42 USC §§4601 et. sect.). The nature of my complaint and the reasons why I believe the
determination is improper are stated below and/or on the attached pages.
Appellant's Signature: gate:
ani
IS
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