HomeMy WebLinkAbout91-07 RDA ResolutionRESOLUTION NO. RDA 91-07
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
TEMECULA, ADOPTING RELOCATION ASSISTANCE RULES
AND GUIDELINES
WHEREAS, the Redevelopment Agency of Temecula was activated pursuant to
Ordinances Nos. 91-08 and 91-14; and
WHEREAS, the California Relocation Assistance Law and the guidelines adopted by the
California Department of Housing and Community Development pertaining thereto need to be
interpreted and implemented in a consistent and fair manner to ensure that relocation payments
and assistance provided by the Redevelopment Agency of Temecula will be administered properly
and promptly to persons and businesses displaced as a result of the acquisition of real property in
a redevelopment project area; and,
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the attached Relocation Assistance Rules and Guidelines of the
Redevelopment Agency of Temecula, is hereby adopted.
Section 2. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 10th day of September, 1991.
ATTEST:
/ Peg Moore, Chairperson
June'~Crrffek, Cit~ Clerk/Agency Secretary
[SEAL]
Resos.RDA\91-07 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk/Redevelopment Agency Secretary of the City of Temecula,
HEREBY DO CERTIFY that the foregoing Resolution No. RDA 91-07 was duly adopted at a
regular meeting of the Redevelopment Agency of Temecula on the 10th day of September, 1991
by the following roll call vote:
AYES:
4 AGENCY MEMBERS: Birdsall, Lindemans, Parks, Moore
NOES:
0 AGENCY MEMBERS: None
ABSENT: 1
AGENCY MEMBERS: Mufioz
Resos.RDA\91-07 2
RELOCATION ASSISTANCE RULES AND GUIDELINES
OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
THE TEMECULA REDEVELOPMENT AGENCY
43172 Business Park Drive
Temecula, California 93290
RELOC~TION ASSISTANCE RULES AND ~UIDELINES
(100) GENERAL
A. (101) PURPOSE AND INTENT
The purpose of these Relocation Assistance Rules
and Guidelines ("Rules" herein) is to implement
the California Relocation Assistance Law
(Government Code, Section 7260 et seq.) and the
Guidelines adopteS by the California Department of
Housing and Community Development. The intent is
to provide consistent relocation policies and
procedures to ensure that relocation payments and
assistance provided by the Redevelopment Agency of
the City of Temecula (the "Agency") will be
administered in a fair, reasonable, and uniform
manner and to assure that payments will be made as
promptly as possible to persons and businesses
displaced as a result of the acquisition of real
property in a redevelopment project area.
B. (102) EXTENT OF RELOCATION PAYMENTS
Towards the goal of achieving the maximum number
of successful relocations, the Agency has adopted
certain supplemental relocation policies by these
Rules which augment state required relocation
benefits (to wit, a Business Supplement Payment
Policy, and a Last Resort Housing Policy).
Eligibility for specific payments under these
supplemental policies shall be subject to case-by-
case determinations by the Agency and to binding
and limiting requirements established by the
Agency. To be eligible, displaced persons must,
prior to their move, receive written notification
of such eligibility from the Agency. Full
documentation, as required by these supplementary
policies, must be provided to the Agency in
advance for a determination as to displaced
persons' eligibility for payments and the amount
of any such payments. When a displaced person
assigns representation to a third party, all
requirements for prior Agency determination of
eligibility and for submission of specified
documentation remain in force. Failure to comply
with these requirements may result in the
displaced person's forfeiture of payments under
any of these supplementary policies.
WPX/PCA/RRR776699
-1-
Ce
In addition, the Agency may make any additional
relocation payments to the fullest extent legally
allowable which in the Agency's sole and absolute
opinion may be reasonably necessary to carry out
the purpose of a plan for any Redevelopment
Project. Such payments shall be subject to the
availability of funds for such purpose.
(103) AUTHORITY AND APPLICABILITY
These Rules are p~oposed to be adopted by
resolution of the Agency pursuant to Section
7267.8 (a) of the California Government Code and
are consistent with the California Relocation
Assistance.and Real Property Acquisition
Guidelines as amended. They are applicable to all
displacement occurring after their adoption by the
Agency.
These adopted Rules and specifically, the
supplemental programs, are not intended to be
applied retroactively. However, at the Agency's
sole discretion, on a case-by-case basis, they may
extend eligibility for payment under the adopted
supplemental programs when an initiation of
negotiations has been made and displacement has
not occurred.
(104) DEFINITIONS
1. Acquisition:
Obtaining ownership or possession of real
property by the Agency by purchase, eminent
domain, or any other lawful means.
Affordable Rent:
Rent not in excess of 25% of the gross income
of the occupant, person or family and not in
excess of market rent.
Agency:
The Redevelopment Agency of the City of
Temecula.
WPX/PCA/RRR776699
-2-
e
Average Annual Net Earnings:
One-half of the net earnings of the business
or farm operation before federal, state, and
local income taxes, during the two taxable
years immediately preceding the taxable year
of displacement or such other period as may
be determined by the Agency or its designee
to be more equitable for establishing such
earnings, and includes salaries, wages, or
other compensation paid by the business or
farm operation to the owner, his spouse or
his dependents during such period. In the
case of a corporate owner, earnings shall
include any compensation paid to the spouse
or de'pendents of the owner of a majority
interest in the corporation. For the purpose
of determining majority ownership, stock held
by a husband, a wife and their dependent
children, shall be treated as one unit.
Business:
Any lawful activity, "lawful" being defined
as in compliance with the Temecula Municipal
Code and all applicable state and federal
laws, except a farm operation, conducted
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;
b. For the sale of services to the public;
By a non-profit organization or
association; or
de
Solely for the purpose of Section 400 of
these Rules, 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 a display is located
WPX/PCA/RRR776699
-3-
0
on the premises on which any of the
above activities are conducted.
For definition of "small Business" see
this section 104, subparagraph 34.
Business Premises:
The location occupied by a business to
conduct a lawful business activity.
Comparable Replacement Dwelling:
A dwelling which satisfies each of the
following standards:
ae
Decent, safe and sanitary (as those
terms are defined in this section 104,
subparagraph 12) and functionally
similar to the acquired dwelling with
respect to the number of rooms, state of
repair, habitable living space and type
and quality of construction, but not
lesser in rooms or living space than
necessary to accommodate the displaced
person.
be
In an area not subject to unreasonable
adverse environmental conditions from
either natural or man-made sources, and
not generally less. desirable than the
location of the acquired dwelling with
respect to public utilities and public
and commercial facilities, and
reasonably accessible to the displaced
person's present or potential place of
employment.
Ce
Available on the private market to the
displaced person and available to all
persons regardless of race, color,
religion, sex, marital status, or
national origin in the manner consistent
with Title VIII of the Civil Rights Act
of 1968.
In the case of a displaced person who is
a renter, within the financial means of
the displaced person. A replacement
dwelling is within the financial means
WPX/PCA/RRR776699
-4-
10.
of a displaced person if the rental cost
(including utilities) does not exceed
25% of the person's average monthly
income, or the displaced person receives
the maximum rental assistance payment of
$5,250.
In the case of a displaced person who is
an owner, a replacement dwelling is
considered within the financial means of
a displaced person if the purchase price
of the dwelling, including related
increased mortgage interest costs and
other reasonable expenses, does not
exceed the total of the amount of just
compensation provided for the dwelling
acquired, or the displaced person
receives the maximum replacement housing
payment of $22,500.
Condominium:
An estate in real property which consists of
an undivided interest in common in a portion
of real property coupled with a separate
interest in space called a unit, the
boundaries of which are described on a
recorded final map, parcel map, or
condominium plan in sufficient detail to
locate all boundaries thereof. A
"condominium" is more particularly described
in Sections 703 and 1351(f) of the California
Civil Code.
Conventional Loan:
A promissory note secured by a trust deed or
mortgage made by a bank or savings and loan
association. A conventional loan is not
insured or guaranteed by an Agency of the
state or federal government.
Date of Acquisition:
The date the Agency obtains ownership and
possession of property by lawful means, i.e.,
conveyance and recordation of title, or Order
for Prejudgment Possession.
WPX/PCA/RRR776699
-5-
12.
Date of Initiation of Negotiations:
The day on which the Agency makes its initial
written offer to the owner or the owner's
representative to purchase the real property
for a project for the amount determined to be
just compensation, or the day on which the
Agency adopts an Owner Participation
Agreement, where applicable.
Decent, Safe' and Sanitary Dwelling:
Housing in sound, clean and weathertight
condition, in conformance with applicable
state and local building, plumbing,
electrical, housing and occupancy codes,
which meets the following minimum standards:
me
Single-Family Dwellings, Apartments,
Condominiums
(1)
Conforms with all applicable
provisions for existing structures
that have been established under
state or local building, plumbing,
electrical, housing and occupancy
codes and similar ordinances or
regulations applicable to the
property in guestion.
(2)
Has a continuing and adequate
supply of potable safe water.
(3)
Has a kitchen or an area set aside
for kitchen use which contains a
sink in good working condition and
connected to hot and cold water,
and a sewage disposal system. The
kitchen or kitchen area shall have
utility service connections and
adequate space for the installation
of a stove and refrigerator.
(4)
Has an adequate heating system in
good working order which will
maintain a minimum temperature in
the living area as conforms to
local environmental conditions.
WPX/PCA/RRR776699
-6-
be
(5)
Has a bathroom, well-lighted and
ventilated and affording privacy to
a person within it, containing a
lavatory basin and a bathtub or
shower stall, properly connected to
an adequate supply of hot and cold
running water, and a flush water
closet, all in good working order
and properly connected to a sewage
disposal system.
(6)
Has provision for artificial
lighting for each room.
(7)
Is structurally sound, in good
repair and adequately maintained.
(8)
Each building used for dwelling
purposes shall have two safe
unobstructed means of egress
leading to safe open space at
ground level. Each dwelling unit
in a multi-dwelling building must
have access either directly or
through a common corridor to two
means of egress to open space at
ground level. In buildings of
three stories or mores the common
corridor on each story must have at
least two means of egress.
(9)
Every sleeping room shall contain
not less than 90 square feet of
floor area and at least one window
opening to the outside. If more
than two persons occupy the room,
an additional 60 square feet of
floor area shall be required for
each additional person. Except for
a married couple (unless otherwise
desired by the couple), and
children under 6 years of age, all
occupants of a sleeping room should
be of the same sex.
Light Housekeeping Rooms
(1)
The standards for decent, safe, and
sanitary housing as applied to the
rental of sleeping rooms shall
WPX/PCA/RRR776699
-7-
13.
14.
include the minimum requirements
contained in subparagraphs (1),
(4), (6), (7), and (8) above, and
the following:
(a)
at least 90 square feet of
habitable floor space; and,
further, that occupancy of
such facility is limited to
one person.
(b)
lavatory and toilet facilities
that provide privacy,
including a door that can be
locked if such facilities are
separate from the room.
Displaced Business:
Any business which qualifies as a displaced
person under Paragraph 14 below.
Displaced Person:
Any person who moves from real property, or
who moves his personal property from real
property, as a result of:
me
The acquisition of real property in
whole or in part, by the Agency or by
any person having an agreement with or
acting on behalf of the Agency; or
The receipt of a written notice from the
Agency to vacate the real property, or
Ce
The initiation of negotiations by the
Agency to acquire the real property.
The rehabilitation, demolition, or other
displacing activity as the Agency may
prescribe under a program or project
undertaken by the Agency, of real
property on which the person is a
residential tenant or conducts a
business or farm operation, in any case
in which the Agency determines that the
displacement is permanent.
WPX/PCA/RRR776699
-8-
15.
This definition shall be construed so that
persons displaced as the result of public
action receive relocation benefits in cases
where they are displaced as a result of an an
agreement with the Agency including, but not
limited to, an owner participation agreement,
a disposition and development agreement, or
an acquisition carried out by a private
person for or in connection with a public use
where the Agency is otherwise empowered to
acquire the property to carry out the public
use.
Except tenants or occupants of housing made
available on a permanent basis by the Agency,
a "displaced' person shall not include: (1)
any person who, at the time of the Agency's
acquisition of the real property, was not a
tenant or occupant in lawful possession of
the real property, and whose right of
possession at the time of moving arose after
the date of the Agency's acquisition of the
real property and with knowledge of such
acquisition; or (2) unless federal law or
regulations require such a tenant to be
considered a displaced person, any
nonresidential tenant or occupant who moves
as a result of his breach of his tenancy
agreement.
A utility which relocates its poles, posts,
wires, conduits, cables, pipes, lines and
necessary fixtures and equipment located in,
along, or under any public street, road or
highway as the result of activities in the
implementation of a redevelopment plan is not
a displaced person.
Dwelling:
The place of permanent or customary and usual
residence of a person, including a single
family dwelling, a single family unit in a
two family dwelling, multi-family or
multipurpose dwelling unit of a condominium
or cooperative housing project,
nonhousekeeping unit, a mobilehome, or any
other residential unit which either is
considered to be real property under state
law or cannot be moved without substantial
WPX/PCA/RRR776699
-9-
damage or unreasonable cost. A residence
need not be decent, safe and sanitary to be a
dwelling.
16. Economic Rent:
The amount of fair market rent a tenant or
homeowner would have to pay for a dwelling
similar to the acquired dwelling in a
comparable area.
17. Family:
Two or more individuals, one of whom is the
head of a household, who by blood, marriage,
adoption or mutual consent live together as a
family unit. Where two or more individuals
occupy the same dwelling with no identifiable
head of household, they shall be treated as
one family for replacement housing payment
purposes.
18. Farm Operation:
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 such products or
- - commodities in sufficient quantity to be
capable of contributing materially to the
operator's support.
19. Gross Income:
The total annual income from all sources of
each member of a family residing in a
dwelling who is eighteen (18) years of age or
older except that income of a head of
household or his or her spouse who is under
eighteen (18) years of age, shall also be
included. Gross income shall be calculated
on the basis of the 12-month period
immediately prior to displacement. If the
Agency determines, on a case-by-case basis,
that the use of the 12-month period prior to
displacement would result in a hardship to
the claimant, an alternate period, actual or
projected, may be used at the Agency's sole
and absolute discretion.
Wl~X/PCA/RRR776699
-10-
20.
21.
Handicapped Households:
A household in which any member is
handicapped or disabled.
Incidental Expenses:
Necessary and reasonable costs actually
incurred by a displaced person for closing
costs incident to the purchase of a
replacement dwelling and legally required or
customarily paid by a buyer, as follows:
a®
legal closing and related costs,
including those for title search,
preparing conveyance instruments, notary
fees, preparing surveys, and recording
fees.
fe
lender, FHA, or VA application and
appraisal fees.
loan origination or assumption fees that
do not represent prepaid interest.
certification of structural soundness
and termite inspection, when required.
credit report.
owner's and mortgagee's evidence or
assurance of title; e.g., title
insurance not to exceed the costs for a
comparable replacement dwelling.
g. escrow agent's fee.
such other costs as the Agency
determines to be incident to the
purchase.
22. Mobilehome:
A structure, transportable on a street or
highway under permit and pursuant to Section
35790 of the vehicle Code 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
WPX/PCA/RRR776699
-11-
connected to the required utilities and
includes the plumbing, heating, air
conditioning and electrical systems contained
therein. A self-propelled vehicle is not a
mobilehome. A mobilehome does not include a
recreational or commercial vehicle.
23. Mortgage:
24.
25.
Such classes of liens (including deeds of
trust) as ar~ commonly given to secure
advances on, or the unpaid purchase price of,
real property, together with the credit
instruments, if any, secured thereby.
Nonprofit Organization:
ae
A corporation organized under the
provisions of the Nonprofit Corporation
Law of the State of California
(Corporation Code Section 5000 et seq.);
or
be
An entity organized as a nonprofit
organization under the laws of a state
other than California and qualified to
do business as a nonprofit organization
in the State of California; or
Ce
An unincorporated association or
organization of natural persons for
religious, scientific, literary,
educational, recreational, benevolent,
or other purpose not that of pursuing
profit.
Notice of Intent to Displace:
A written Notice of Intent to Displace is
issued by the Agency to occupants within a
reasonable period of time subsequent to the
Agency's initiation of negotiations to
purchase a property. The Notice of Intent to
Displace establishes eligibility for
relocation benefits prior to acquisition by
the Agency.
WPX/PCA/RRR776699
-12-
26.
Owner:
For a dwelling, "owner" means a person who:
ae
holds fee title, a life estate, a
50-year lease, or a lease with not less
than 20 years (including options for
renewals or extensions) to run from date
of acquisition;
holds a'proprietary interest in a
cooperative housing project which
includes the rights of occupancy of a
dwelling unit therein;
is the contract purchaser of any of the
foregoing estates or interests;
de
has a leasehold interest with an option
to purchase, the exercise of which has
not been waived or barred; or
owns a mobile home which under state law
is determined to be real property, not
personal property.
fe
has succeeded to any of the foregoing
interests by devise, bequest,
inheritance or operation of law.
For a business, an "Owner" includes:
ae
the sole proprietor of a sole
proprietorship;
be
the partners owning a majority interest
in a partnership;
the shareholders owning the majority of
issued shares in a corporation.
In determining the majority of partners and
shareholders, any shares or partnership owned
by a husband, wife and/or their dependents
shall be treated as one holding or unit.
WPX/PCA/RRR776699
-13-
28.
29.
30.
Person:
Any individual, family, partnership,
corporation, association, or nonprofit
organization.
Personal Property:
Tangible property which is situated on the
real property vacated or to be vacated by a
displaced person and which is considered
noncompensable (other than for moving
expenses) under the Eminent Domain Law of the
State of California; and,
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, subject to the
Agency's prior written authorization,
determine to move, and for which the tenant
is not compensated in the real property
acquisition. In the case of an owner of real
property, the determination as to whether an
item of property is personal or real shall
depend upon how it is identified in the
acquisition appraisals and the closing or
settlement statement with respect to the real
property acquisition; provided, that no item
of property which is compensable under state
and local law to the owner of real property
in the real property acquisition may be
treated as tangible personal property in
computing actual direct losses of tangible
personal property.
Post Acquisition Tenant:
Any tenant who, after the Date of
Acquisition, lawfully enters into possession
of said property owned by the Agency.
Prepaid Expenses:
Items paid in advance by the seller of real
property and prorated between such seller and
the buyer of such real property at the close
of escrow including, but not limited to, real
WPX/PCA/RRR776699
-14-
property taxes, insurance, homeowners'
association dues and assessment payments.
31. Project Area:
The area included in any Redevelopment Plan
adopted by the Agency pursuant to Section
33000 of the Health and Safety Code.
32. Reasonable Cost:
The reasonable cost of any item or service
shall be subject to the Agency's criteria for
an acceptable bid process. On a case-by-case
basis,. the Agency may establish the number of
competitive bids required.
33. Senior Citizen:
A household in which the head of household or
spouse is 62 years of age or older.
34. Small Business:
A business having at least one but not more
than 500 employees working at the site being
acquired or permanently displaced by a
program or project.
35. Stated Mortgage Interest Rate:
The annual percentage rate on a loan secured
by a mortgage or deed of trust as set forth
in the mortgage, deed of trust or other
security instrument evidencing the loan.
36. Tenant:
A person or business who enters and lawfully
occupies premises, including a residential
dwelling, owned by another, with the express
permission of the owner and on a temporary
basis. A tenant need not have a written
rental agreement or lease to be a tenant.
(105) CITIZEN PARTICIPATION
Persons who will be displaced by a project and
neighborhood groups in the displacement area will
be encouraged to review the relocation plan
WPX/PCA/RRR776699
-15-
(prepared in accordance with the provisions of
Section 203) and to participate in monitoring the
relocation program.
The Agency shall ensure public access'to all
documents relevant to the relocation program. The
Agency may, however, restrict access to material
where its confidentiality is protected by law or
its disclosure is prohibited by law. The Agency
shall also provide technical assistance in
interpreting the relocation plan or other
materials pertinent to the relocation program.
The public shall have the right to submit written
or oral comments on the plan and to have these
comments attached to the plan when it is submitted
to the Agency for approval. The Agency shall reply
promptly in writing to any written objections to
the plan.
(106) PRIORITY OF FEDERAL LAW
These rules and regulations are designed to serve
as a basis for administration of relocation
activities governed by state law. They are not
intended to guide relocation activities subject to
federal requirements.
The Agency will provide a relocation program
consistent with provisions of the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, (42 U.S.C.
Section 4601 et seq.) as amended at the time of
project implementation if the Agency undertakes a
project with federal financial assistance.
Therefore, the provisions of these rules and
regulations shall not apply if the Agency
undertakes a project with federal financial
assistance and consequently must provide
relocation assistance and benefits as required by
federal law. If an obligation to provide
relocation assistance and benefits is not imposed
by federal law, the provisions of these rules and
regulations shall apply.
If a project is federally funded in whole or in
part, then the guidelines will be utilized only in
areas where they conform to the federal
guidelines. In all other instances the federal
WPX/PCA/R]~R776699
-16-
guidelines will prevail as same or periodically
amended.
(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 this law which can be given effect without the
invalid provision' or application, and to this end,
the provisions of this law are severable.
H. (108) AMENDMENTS
The Agency reserves the right to amend these rules,
regulations, procedures and policies at its sole
discretion, from time to time.
WPX/PCA/RRR776699
-17-
II.
(200)
RELOCATION ASSISTANCE ADVISORY PROGRAM
(201) ADVISORY ASSISTANCE TO BE PROVIDED BY THE
AGENCY
The Agency shall provide relocation advisory
assistance to any person or business displaced
because of the acquisition of real property by the
Agency to minimize the hardship of displacement.
Relocation advisory assistance will:
Fully inform eligible persons within 15 days
following the initiation of negotiations for
a parcel, or as soon as practical within a
reasonable period of time, as to the
availability of relocation benefits and
assistance and the eligibility requirements
therefor, as'well as the procedures for
obtaining such benefits and assistance.
Determine the extent of the need of each such
eligible person for relocation assistance.
Assure eligible persons that within a
reasonable period of time prior to
displacement there will be available
comparable replacement housing sufficient in
number and kind for, and available to, such
eligible persons.
Provide current and continuing information on
the availability, prices, and rentals of
comparable sales and rental housings and of
comparable commercial properties and
locations, and as to security deposits,
closing costs, typical down payments,
interest rates, and terms for residential
property in the area.
Assist each eligible person to complete
applications for payments and benefits.
Assist each eligible, displaced person to
obtain and move to a comparable replacement
dwelling.
Assist each eligible displaced business in
locating a suitable replacement facility.
WPX/PCA/RRR776699
-18-
Provide any services required to insure that
the relocation process does not result in
different or separate treatment on account of
race, color, religion, national origin, sex,
marital status or other arbitrary
circumstances.
Supply to such eligible persons information
concerning federal and state housing
programs, disaster loan and other programs
administered'by the Small Business
Administration, and other federal or state
programs, offering assistance to displaced
persons.
10.
Provide other advisory assistance to eligible
persons in order to minimize their
hardships. It is recommended that, as
needed, such' assistance include counseling
and referrals with regard to housing,
financing, employment, training, health and
welfare, as well as other assistance.
11.
Inform all persons who are expected to be
displaced about the eviction policies to be
pursued in carrying out the project, which
policies shall be in accordance with the
provisions of Section 207.
12.
When a substantial number of persons will be
displaced and the relocation staff's office
is not easily accessible to those persons,
the Agency may, but is not required to,,
establish one or more appropriately equipped
site office(s)-
(202) ELIGIBILITY
Relocation assistance and benefits shall be
available to:
Any person or business in lawful occupancy
who moves from real property, or who moves
his personal property from real property as a
result of Agency acquisition of such real
property, in whole or in part, or by any
person having an agreement with or acting on
behalf of the Agency;
WPX/PCA/RRR776699
-19-
(203)
Any person or business in lawful occupancy
who moves from real property, or who moves
his personal property from real property as a
result of a written order from the Agency to
vacate such real property for public use; or,
Any person or business in lawful occupancy
who moves from real property, or who moves
his personal property from real property as a
result of ~a owner participation agreement or
an acquisition carried out by a private
person for or in connection with a public use
where the Agency is otherwise empowered to
acquire such property to carry out the public
use.
RELOCATION PLAN
As soon as possible following the initiation
of negotiations to acquire property or the
adoption of an owner participation agreement,
and prior to proceeding with any phase of a
project or other activity that will result in
significant residential displacement, the
Agency shall prepare a Relocation Plan and
submit it to the City Council. When the
Agency's action will only result in an
insignificant amount of non-residential
displacement, the requirements of this
section need not be satisfied.
A Relocation Plan shall include the
following:
a diagrammatic sketch of the project
area.
b. projected dates of displacement.
Ce
a written analysis of the aggregate
relocation needs of all persons to be
displaced and a detailed explanation as
to how these needs are to be met.
de
a written analysis of relocation housing
resources
a detailed description of the relocation
advisory services program, including
specific procedures for locating and
Wl~X/PCA/RRR776699
-20-
Do
(204)
1.
referring eligible persons to comparable
replacement housing.
a description of the relocation payments
to be made (pursuant to Sections 300 and
400) and a plan for disbursement.
a cost estimate for carrying out the
plan and identification of the source of
the necessary funds.
a detailed plan by which any last resort
housing is to be built and financed.
a standard information statement to be
sent to all persons to be displaced (as
required by Paragraph 3 of Section 204).
j. temporary relocation plans, if any.
a description of claim and payment
procedures.
1. plans for citizen participation.
me
the comments of the relocation
committee, if any.
a written determination by the Agency
that the necessary resources will be
available as required.
In the event of delay of implementation of
the relocation program, the plan shall be
updated annually.
INFORMATIONAL PROGRAM
General Information
The Agency shall provide technical assistance
as necessary to interpret elements of the
Agency's Relocation Plan (or Rules), and
other pertinent materials.
Fifteen days following the initiation of
negotiations or as soon as practicable
following the initiation of negotiations to
acquire a parcel of real property or
adoption of an owner participation agreement
WPX/PCA/RRR776699
-21-
by the Agency, the Agency shall contact each
eligible person occupying such property to
carefully explain and discuss fully with such
person the extent of relocation payments and
assistance that may be made available by the
Agency. Such contact shall be direct and
personal except where repeated efforts
indicate that such contact is not possible.
Such contact may be made at the time and as
part of the interview to ascertain relocation
needs conducted pursuant to subparagraph 1 of
section 201. The Agency shall maintain
personal contacts with occupants of the
property to the maximum extent practicable.
Information Statement - Relocation Assistance
As soon as practicable following the
initiation of negotiations to acquire a
parcel of real property or adoption of an
owner participation agreement by the Agency,
the Agency shall provide each occupant of
such property with a written statement
containing the following information:
a statement that Agency action may
result in displacement, but that to the
greatest extent practicable, no person
lawfully occupying the real property
will be required to move without at
least 90 days' written notice from the
Agency;
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
under limited circumstances provided for
in these Rules and Regulations;
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
such payments;
WPX/PCA/RRR776699
-22-
e®
fe
g®
identification of the Agency's
relocation program and a description of
relocation services and assistance that
will be available;
encouragement to visit the Agency's
relocation office and cooperate with
staff, and the address, telephone number
and hours of the relocation office;'
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;
(3)
a statement that the Agency will
identify available comparable
replacement' dwellings and will
provide assistance to persons in
obtaining housing of their choice,
including assistance in referring
complaints of discrimination to the
appropriate federal, state or local
fair housing enforcement Agency;
(4)
a statement that persons may seek
their own housing accommodations,
and urging them, if they do so, to
notify the Agency prior to making a
commitment to purchase or occupy
the property so that the Agency's
representative can inspect the
unit.
a statement to businesses that the
Agency will provide assistance in
locating relocation accommodations,
including consultation with governmental
agencies which might be of assistance;
a statement to businesses describing the
requirement for prior notification to
the Agency of the business concern's
intention to move;
WPX/PCA/RRR776699
-23-
e
a summary of the Agency's eviction
policy;
a statement describing the Agency's
grievance procedure, its purpose and how
it may be used, and information
concerning its availability;
any additional information that the
Agency believes would be helpful.
Where appropriate, separate information
statements shall be prepared for residential
and non-residential occupants.
Language of Informational Material
Informational material shall be prepared in
the language(s) most easily understood by the
recipients. In displacement areas where
there are significant concentrations of
persons who do not read, write, or understand
English fluently, the native language of the
people will be used and all informational
material will be provided in the native
language(s) and English.
Method of Delivery of Informational Material
To assure receipt of the informational
material, the Agency shall arrange to have
the material either hand-delivered to each
business or head of household in the
property, with a request for a written
receipt, or sent by certified mail, return
receipt requested.
Notice of Eligibility Status
In addition to disseminating general
information, the Agency shall provide each
business or head of household with
individual, written notification of
eligibility status as soon as practical after
such time as it has been established.
WPX/PCA/RRR776699
-24-
E. (205) DETERMINATION OF RELOCATION NEEDS
1. Interviews
As soon as practicable following the
initiation of negotiations to acquire a
parcel of real property, or the adoption of
an owner participation agreement, the Agency
shall interview each eligible person
occupying such property to obtain information
upon which t~ 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 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. Information to be Obtained
The Agency shall endeavor to obtain the
following information from eligible
persons:
(1) Income;
(2)
Whether a person is a senior
citizen 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;
-25-
WPX/PCA/RRR776699
be
(10) Eligibility for publicly assisted
housing;
(ll) With reference to the present
dwelling;
(a) the rent;
(b)
type and quality of
construction;
(c) number of rooms and bedrooms;
(d)
amount of habitable living
space;
(e)
locatiohal 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.
Coordination with Other Agencies
In order to avoid duplication of effort
and to ensure that necessary information
is available at the appropriate time,
the Agency shall coordinate its
interview activities with the survey
activities, if any, of other agencies.
Gathering of data pertinent to social
service referrals of eligible persons
shall be planned in cooperation with
social service agencies.
Interview after Person moves without
Notice
If the Agency fails to conduct the
required interview of any eligible
person in a timely and effective manner,
the Agency shall make every reasonable
WPX/PCA/RRR776699
-26-
effort to identify, locate and interview
such person who has moved so that his
relocation needs can be determined. The
Agency shall offer such persons all
relocation assistance and benefits for
which they otherwise qualify and, in
addition, shall compensate such persons
for all costs occasioned by the Agency's
failure to provide timely notice and
offers of relocation assistance and
benefitS.
2. Relocation Records
Based on information obtained during
interviews and from other sources as
applicable, the Agency shall prepare and
maintain an accurate relocation record for
each person to be displaced. The record
shall contain a description of the pertinent
characteristics of the persons to be
displaced and the assistance deemed to be
necessary. A displaced person (or any person
authorized in writing by such person) shall
have the right to inspect such documents
containing information relating to him to the
extent and in the manner provided by law.
3. Updating Information
Information pertaining to the relocation
needs of eligible persons occupying each
parcel of real property with respect to which
the Agency has initiated negotiations for
acquisition shall be updated at least
annually. Eligible persons shall be
encouraged to bring any change in their needs
to the attention of the Agency.
(206) TERMINATION OF RELOCATION ASSISTANCE
The Agency's relocation obligations cease under
any of the following circumstances:
A displaced person moves to a comparable
replacement dwelling and receives all
assistance and payments to which he is
entitled; or,
WPX/PCA/RRR776699
-27-
Ge
The displaced person moves to substandard
housing, refuses reasonable offers of
additional assistance in moving to a decent,
safe and sanitary replacement dwelling and
receives all payments to which he is
entitled; or,
All reasonable efforts to trace a relocatee
have failed; or,
A displaced business concern has received all
assistance and payments to which it is
entitled and has been successfully relocated
or has ceased operations; or,
A displaced business or person refuses
reasonable offers of assistance payments
and/or comparable replacement housing.
(207) EVICTION
Eviction from property acquired by the Agency
shall be undertaken only for one or more of the
following reasons:
Failure to pay rent, except in those cases
where the failure to pay is legally excused;
Performance of a dangerous, or illegal act in
the unit;
Material breach of the rental agreement and
failure to correct breach within 30 days
after notice;
Maintenance of a nuisance and failure to
abate within a reasonable time following
notice;
e
Refusal to accept one of a reasonable number
of offers of replacement dwellings;
The eviction is required by state or local
law and cannot be prevented by reasonable
efforts on the part of the Agency;
Failure to vacate in accordance with an
agreement with the Agency;
WPX/PCA/RRR776699
-28-
Failure to obey a court order authorizing the
Agency entity to take possession; or
The building has structural defects existent
at the time of acquisition by the Agency.
WPX/PCA/RRR776699
-29-
III. (300)
A.
RELOCATION PAYMENTS TO DISPLACED PERSONS
(301) GENERAL
The Agency shall compensate a displaced person for
the expenses described in Sections 302 or 303 and
if eligible, Sections 304 or 305. A displaced
person who lives on his business property may be
eligible for both the payments described under
this Article III and the payments to a displaced
business provide~ under Article IV. A person who
moves from his dwelling or who moves his personal
property therefrom because he is displaced by the
Agency from other real property on which he
conducts a business shall be eligible only for
payments provided for under Section 302 or 303.
Applications for benefits must be made within (18)
months from the date on which the displaced person
moves from the real property acquired, unless such
time is extended by the Executive Director of the
Agency or his designee. Additionally, a special
limitation for residential owner occupants
requires that they purchase and occupy a decent,
safe and sanitary replacement dwelling within one
year from the later of the following:
The date the displaced person receives final
payment for the displacement dwelling, or in
the case of condemnation, the date the full
amount of estimated just compensation in
deposited in court.
The date the Agency fulfills its obligation
to make available at least one comparable
replacement dwelling to the displaced person.
However, the Agency may extend the period for good
cause. Also, the displaced owner and the Agency
may agree in writing that the displaced owner may
remain in occupancy of the acquired dwelling as a
tenant of the Agency on the conditions that the
displaced owner shall only be entitled to the
payment authorized by this section on the date on
which the owner moves from the acquired dwelling
and that the payment shall be in an amount equal
to that to which the owner would have been
entitled if the owner had purchased and occupied a
replacement dwelling one year subsequent to the
WPX/PCA/RRR776699
-30-
Be
date on which final payment was received for the
acquired dwelling from the Agency.
(302) ACTUAL REASONABLE EXPENSES IN MOVING
1. Allowable Moving Expenses
A displaced person shall be compensated for
the expenses incurred in moving individuals,
families, and personal property from the
acquired sit~ to the replacement site, not to
exceed a distance of 50 road miles, except
where the Executive Director of the Agency or
authorized designee determines that
relocation beyond this 50-mile area is
justified. Such moving expenses shall
include:
ae
reasonable expenses for transportation
of the displaced person, family and
personal property from the acquired site
to the replacement site.
packing and unpacking, crating and
uncrating of the personal property of
the displaced person and his family.
Ce
storage of personal property for a
period not to exceed twelve (12) months
in the event the Agency determines that
such storage is necessary in connection
with relocation.
de
insurance premiums covering the
reasonable replacement value of personal
property for loss or damage while in
storage or transit.
property lost, stolen, or damaged in the
process of moving, where insurance to
cover such loss or damage is not
available; provided that such loss,
theft, or damage is not due to the fault
or negligence of the displaced person or
his agents or employees and any claim
for such loss or damage is supported by
such documentation as may be reasonably
required to support the claim.
WPX/PCA/RRR776699
-31-
Ce
fe
disconnection, removal, reconnection,
and reinstallation of appliances and
similar items of personal property not
acquired as real property, including
connection charges (but not deposits)
imposed by public utilities for starting
utility service.
(303) PAYMENTS IN LIEU OF ACTUAL REASONABLE
EXPENSES IN MOVING
Any displaced person who moves from a dwelling and
who elects to accept payments authorized by this
Section 303 in lieu of the payments authorized by
Section 302, shall receive:
A moving expense allowance, according to an
established schedule, of a minimum of $225,
depending upon the number of rooms occupied
and amount of furniture to be moved. The
Agency's established moving schedule is as
follows:
occuDant Owns Furniture
1 room of furniture: $ 250
2 rooms of furniture: $ 400
3 rooms of furniture: $ 550
4 rooms of fuzniture: $ 650
5 rooms of furniture: $ 750
6 rooms of furniture: $ 850
7 rooms of furniture: $ 950
8 rooms of furniture: $1,050
Each additional room: $ 100
Occupant Does Not Own Furniture
First room: $ 225
Each additional room: $ 35
A person who has minimal personal possessions
and is in occupancy of a room shared by two
or more unrelated persons, or a person whose
residential move is performed by the Agency
at no expense to that person is only entitled
to a maximum fixed payment of $50.00.
WPX/PCA/RRR776699
-32-
Dm
If two or more displaced persons are joint
occupants of one dwelling unit and submit
more than one claim, an eligible claimant for
a payment under this Section 303 may be paid
only his reasonable prorated share (as
determined by the Agency) of the total
payment applicable to a single tenant. The
total of the payments made to all such
claimants moving from the dwelling unit shall
not exceed the total payment allowed to be
made to a single tenant as provided in this
section.
(304) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED
OWNER OCCUPANTS
1. Eligibility
In addition to the payments required by
Sections 302 or 303, the Agency shall make a
payment to a displaced person whose real
property is improved with a dwelling actually
owned and occupied by the displaced person
for not less than 180 days prior to the date
of initiation of negotiations for the
acquisition of the property.
The payment made pursuant to paragraph 2 of
this Section 304 shall be made only to a
displaced person who purchases a replacement
dwelling, and who occupies it within one year
from the later of the following:
ag
the date on which final payment is
received from the Agency for the
displacement dwelling (or in the case of
condemnations the date the amount of
estimated Just compensation is deposited
in the court),
the date the Agency fulfills its
obligation to make available at least
one comparable replacement dwelling.
Where for reasons of hardship and beyond the
control of such displaced person, such person
is unable to occupy the replacement dwelling
within the above time limit, the Agency or
its designee may waive this time limit, and
grant a reasonable extension. Additionally,
WPX/PCA/RRR776699
-33-
to qualify for this payment, the replacement
dwelling must be considered decent, safe and
sanitary. For the purposes of this Section
304, the leasing of a condominium for a
50-year period, or for a term which exceeds
the life expectancy of the displaced person
(as determined from the most recent life
tables in Vital Statistics of the United
States, as published by the Public Health
Service of the Department of Health,
Education and Welfare),, shall be deemed a
purchase of a condominium.
A displaced person who is ineligible for a
replacement housing payment pursuant to the
requirements of this section may be. eligible
for a replacement housing payment under
Paragraph E of Section 305.
Amount and Computation of Replacement Housing
Payment for Displaced Owner-Occupants
The total replacement housing payment to be
made to a displaced person shall not exceed
Twenty-two Thousand Five Hundred Dollars
($22,500.00), and shall be comprised of
payments set forth below:
a. Differential Payments
The Executive Director of the Agency, or
his designee, shall determine the
amount, if any, which, when added to the
acquisition payment equals the
reasonable cost (including incidental
expenses associated therewith) of a
comparable replacement dwelling,
provided that such amount shall not
exceed the difference between the
acquisition price of the acquired
dwelling and the actual purchase price
of the replacement dwelling. If the
displaced person voluntarily purchases
and occupies a decent, safe, and
sanitary dwelling at a price less than
the acquisition price of the acquired
dwelling, no differential payment shall
be made. However, the displaced person
may receive compensation as provided in
subparagraphs b and c of this Section
WPX/PCA/Pd~R776699
-34-
304. The following methods may be used
in determining the differential payment:
(1) Schedule Method
The Agency may base its payments on
a schedule, which the Agency
establishes, of reasonable
acquisition costs for a comparable
replacement dwelling based on a
current market analysis sufficient
to support determinations of the
amount for the type of dwelling to
be acquired; or
(2) Comparative Method
The Agency may use a comparative
method on which to base its payment
by selecting a dwelling or
dwellings most representative of
the dwelling unit acquired,
available to the displaced person,
and which meets the definition of a
comparable replacement dwelling. A
single dwelling shall be used only
when additional comparable
dwellings are not available; or
(3) Alternate Method
The Agency may develop criteria for
computing the replacement housing
payments where neither the schedule
method nor comparative method is
feasible.
Increased Mortgage Interest Payment
The Executive Director of the Agency or
his designee, shall determine the
amount, if any, which will compensate
the displaced owner for any increased
interest costs which the owner is
required to pay for financing the
acquisition of a comparable replacement
dwelling. The amount shall be paid only
if the dwelling acquired by the Agency
was encumbered by a bona fide mortgage
which was a valid lien on the dwelling
Wl~X/PCA/RRR776699
-35-
C®
for not less than 180 days immediately
prior to the initiation of negotiations
for the acquisition of the dwelling.
All of the mortgages on the acquired
dwelling shall be used to compute the
payment. The amount shall be computed
using the lesser of the principal
balance of the mortgage on the
replacement dwelling or the outstanding
principal balance of the mortgage on the
acquire~ dwelling, and the lesser of the
remaining term on the acquired dwelling
or the actual term of the new
mortgage. The present value of the
increase4 interest costs shall be
computed based on the lesser of the
prevailing interest rate or the actual
interest rate on the replacement
property. The amount shall also include
other reasonable debt service costs
incurred by the displaced owner.
For the purposes of this subdivision, if
the replacement dwelling is a
mobilehome, the term "mortgage" shall
include those liens as are commonly
given to secure advances on, or the
unpaid purchase price of, mobilehomes,
together with the credit instruments, if
any, secured thereby.
Incidental Expense Payment
The Agency, or its designee, shall
determine the amount, if any, necessary
to reimburse a displaced person for
actual reasonable expenses incurred by
the displaced owner-occupant incident to
the purchase of a replacement
dwelling. Such costs may include the
following:
legal closing and related costs,
including those for title search,
preparing conveyance instruments,
notary fees, preparing surveys, and
recording fees.
wl~X/PCA/RRR776699
-36-
(2)
lender, FHA, or VA application and
appraisal fees.
(3)
loan origination or assumption fees
that do not represent prepaid
interest.
(4)
certification of structural
soundness and termite inspection,
when required.
(5) credit report.
(6)
owner's and mortgagee's evidence or
assurance of title; e.g., title
insurance not to exceed the costs
for a comparable replacement
dwelling.
(7) escrow agent's fee.
(8)
such other costs as the Agency
determines to be incidental to the
purchase.
In order to be considered for this type
of payment, the claimant shall furnish
proof of payment of actual incurred
expenses in the form of a certified copy
of the closing escrow statement showing
separate items, receipts or statements,
and/or cancelled checks.
Displaced Persons Who Are Joint
Owner-Occupants of a Dwelling
The total amount of the replacement housing
payment to be made to displaced persons who
were joint owner-occupants of a dwelling
acquired by the Agency shall be limited to
the total amount of the payment applicable
for an individual under Paragraph 2 of
Section 304. Such joint owner-occupants may
be paid only their respective reasonable
prorated share of the total payment
applicable for an individual.
WPX/PCA/RRR776699
-37-
Ee
Replacement Housing Payments for Displaced
Owner-occupants - Special Exemption
The Agency, at its sole discretion, may make
a determination to waive the calculation
procedures for a Replacement Housing Payment
of up to $22,500. However, the requirement
for owner occupant eligibility, including the
180 day occupancy prior to initiation of
negotiations, must be fulfilled. The
Executive Director of the Agency or his
designee, in compliance with Section B 102 -
Extent of Relocation Payments, may make a
determination that the $22,500 maximum
payment will be approved subject to the
consummation of an acquisition agreement
which finalizes the Agency's acquiring the
property.
(305) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED
TENANTS AND OTHERS
1. Eligibility
In addition to the payments required by
Section 302 or by Section 303, the Agency
shall make a payment to a displaced person
who has actually and lawfully occupied the
dwelling from which he is displaced for not
less than ninety (90) days prior to the date
of the initiation of negotiations by the
Agency for acquisition of such dwelling, and
who is not eligible to receive the
replacement housing payment provided under
Paragraph 2 of Section 304.
Amount and Computation of Replacement Housing
Payment for Displaced Tenant and Others
A replacement housing payment for tenants and
certain others may be in an amount not to
exceed $5,250 and may be either (a) a payment
to assist a displaced person in the rental of
replacement housing for a period not to
exceed four years; or (b) a payment to assist
a displaced person in making a downpayment
toward the purchase of replacement housing.
The amount of the payment shall be computed
in accordance with the instructions set forth
in these regulations.
WPX/PCA/RRR776699
-38-
Rental Assistance Payment
The rental assistance payment shall be
computed by taking the lesser of either the
replacement housing rent (including
utilities) or the comparable monthly rent
(including utilities), minus the lesser of
either the displacement rental rate
(including utilities) or ability to pay (254
of gross monthly household income). The
difference is multiplied by 48 (months) to
determine the total amount of the payment.
The maximum payment under this section is
$5,250. The payment may be made monthly,
annually, or in a lump sum according to the
determination of the Agency. The
displacement rental rate shall be:
The average monthly rent paid by the
displaced person for the 3-month period
prior to the date of the initiation of
negotiations; or
The average monthly rent during such
3-month period for similar dwellings in
an area not generally less desirable
than that of the dwelling from which
such person was displaced (hereinafter
referred to as the "economic rent") in
the event:
The average monthly rent paid by
the displaced person is found by
the Agency or its designee to be
substantially higher or lower'than
the economic rent; or
(2)
The displaced person was the owner
of the dwelling from which he was
displaced.
The comparable monthly rent shall be the
amount determined by the Agency's
designee using either of the following
methods:
WPX/PCA/RRR776699
-39-
(1) Schedule Method
In accordance with a schedule to be
established from time to time by the
Agency's designee which establishes the
average monthly rent for comparable
replacement housing which are available
in the private market for the various
types of dwellings to be acquired; or
(2) Comparative method
On a case by case basis by determining
the average month's rent for one or more
dwellings which have been selected by
the Agency or by the displaced person
with the~approval of the Agency, and
which are more representative of the
acquired dwelling and meet the
definition of comparable replacement
housing.
In calculating all monthly rents, the Agency
will include as a component of rent the cost
or estimated cost of utilities to the tenant,
but not including telephone service.
Downpayment Assistance
In the event the displaced person elects to
purchase instead of rent a replacement
dwelling, an amount not to exceed $5,250
shall be paid to the displaced person to make
a downpayment and to cover incidental
expenses on the purchase of a replacement
dwelling.
Downpayment assistance shall be based
upon the difference between the rent of
a comparable unit minus the lesser of
either the rent of the displacement
dwelling or ability to pay (25% of gross
monthly household income), whichever is
less, times 48 months, plus
Expenses incident to the purchase of a
comparable replacement dwelling as set
forth in Section 304.
WPX/PCA/RRR776699
-40-
e
The total of a and b above may not exceed
$5,250. Whenever possible, the full amount
of a Downpayment Assistance payment under
this Section shall be applied to the purchase
price and incidental expenses incurred
through the purchase of the replacement
dwelling.
Limitations and Disbursement of Replacement
Housing Payment to Displaced Tenants and
Others
a. Joint Occupants
The total amount of the replacement
housing payment to be made to displaced
persons who were joint occupants of a
dwelling acquired by the Agency shall be
limited to the total amount of the
payment applicable for an individual
under Paragraph 2 of Section 305. Such
joint occupants may be paid only their
reasonable prorated share of the total
payment applicable for an individual, as
determined by the Executive Director of
the Agency.
be
Disbursement of Rental Replacement
Housing Payments
When the Agency has determined the
amount of the rental assistance payment
to which the displaced person is
entitled and has verified that the
displaced person' occupies a decent,
safe and sanitary replacement dwelling,
payment shall be made to the displaced
person. The initial payment shall be
made in a lump sum, unless the person
requests disbursement on another
basis. If the displaced person requests
such in writing, the Agency shall make
arrangements for payment in annual or
more frequent installments.
WPX/PCA/RRR776699
-41-
IV.
(400) RELOCATION PAYMENTS TO THE DISPLACED BUSINESSES
The Agency shall compensate the owner of a displaced
business for eligible expenses described in Sections
401, 402, 403, 404, and 405, or in Section 406. In the
event that a displaced business is represented by a
third party consultant, the displaced business must
provide the Agency with written authorization to direct
all communications with said third party consultant,
and further claimant must assume the responsibility of
obtaining all pertinent information from the third
party consultant and relieve the Agency from any and
all liability arising from the consultant's failure to
communicate with the displaced business.
A. (401) ACTUAL REASONABLE MOVING EXPENSES
1. Allowable Moving Expenses
An owner of a displaced business shall be
compensated for the expenses incurred, and to
be determined in advance, in moving the
personal property of the displaced business a
distance within 50 road miles measured from
the point from which the move was made to the
point of relocation. Such moving expenses
shall include:
a®
transportation of the personal property
of the displaced business from the
acquired site to the replacement site.
packing and unpacking, crating and
uncrating of such personal property.
storage of such personal property for a
reasonable period, not to exceed twelve
(12) months, in the event the Agency
determines that such storage is
necessary in connection with relocation.
de
moving of personal property from
storage, providing that a permanent
relocation site has been secured within
a reasonable period, not to exceed
twelve (12) months and that prior
written Agency approval has been
obtained.
WPX/PCA/RRR776699
-42-
ee
fo
insurance premiums covering the
reasonable replacement value of personal
property for loss and damage while in
storage or transit·
the reasonable replacement value of
property lost, stolen or damaged in the
process of moving, where insurance to
cover such loss or damage is not
available; provided that such loss,
theft, br damage is not due to the fault
or negligence of the displaced business
or its agents or employees.
disconnection, disassembly, removal,
reconnection, reinstallation,
reassembly, and reestablishment of
machinery, equipment, and other items of
personal property not acquired as real
property, including connection charges,
(but excluding deposits), imposed by
public utilities for starting utility
service. All expenses must be
determined in advance of any work being
done by obtaining three bids from
reliable sources as approved by the
Agency. Failure to follow this
procedure may result in forfeiture or
limitation of eligible payments.
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;
provided, however, that such payment
shall not include the cost of any legal
or consultant fees necessary to obtain
such a license, permit or certification.
the reasonable cost of obtaining a
Conditional Use Permit for the
replacement site, subject to the
Agency's review and discretion. (This
expense is not included in Subparagraph
h. above.)
the reasonable cost of consultants
including architects, attorneys and
engineers, or others deemed necessary to
WPX/PCA/RRR776699
-43-
provide general or specialized services
necessary for planning the move of
personal property, moving the personal
property,, or 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 they have been provided or will be
provide~ by the Agency or its
consultants. The necessity of services
not provided by the Agency shall be
determined by the Agency. Eligibility
for payment for any of the above
necessary services must be approved in
writing by the Executive Director of the
Agency or his designee, prior to their
employment. Information on the area of
expertise and the qualifications of such
consultants must be provided for Agency
review and a reasonable hourly rate or
fee must be approved by the Executive
Director of the Agency or his designee,
before any costs are incurred.
Otherwise such services are not
reimbursable. An itemized statement of
all necessary services shall be provided
to the Agency stating the dates of such
services rendered, the location where
services were provided, and the name,
address, and telephone number of the
person or firm providing the services.
ke
relettering signs and printing
replacement stationery on hand at the
time of displacement that are made
obsolete as a result of the move.
Limitations
The amount permitted to be paid for actual
moving expenses for personal property of a
displaced business shall be limited by the
following considerations:
a®
In the event that a displaced business
requests eligibility to perform a
self-move, the amount of payment to be
allowed pursuant to Section 401 shall
WPX/PCA/RRR776699
-44-
not exceed the estimated cost of moving
commercially. The self-move request
must be approved in advance, in writing,
and must be accompanied by a statement
releasing the Agency from any and all
liability in connection with the
self-move. The estimated cost of moving
commercially shall be based on the
lowest responsible bid or estimate from
at least two reputable moving firms
submitted by the owner of the displaced
business to the Agency at least 15 days
prior to the move. The estimated cost
of moving commercially shall include the
cost (if any) of obtaining such bids or
estimates. The amount to be paid shall
be agreed upon in writing in advance of
the move. When a claimant is
represented by a consultant, the above
requirements still apply. Payment shall
be made by the Agency upon presentation
of the paid, receipted and itemized bill
after the claimant has moved from the
premises. If this presents a financial
hardship on the displaced business, the
Agency may pay the mover directly upon
presentation of an itemized bill after
the displaced business has moved from
the premises.
In the event personal property of a
displaced business to be moved is of low
value and high bulk, or the cost of
moving would be disproportionate in
relation to the value, as determined by
the Executive Director of the Agency or
his designee, the payments made pursuant
to Sections 401 and 403 shall not exceed
the difference between the amount which
would have been received for such item
on liquidation and the cost of replacing
the same with a comparable item
available on the market. This
limitation is specifically applicable in
the case of moving of junkyards,
stockpiled sand, gravel, minerals,
metals and similar items of personal
property.
WPX/PCA/RRR776699
-45-
Ce
In the event the cost of moving or
relocating an outdoor advertising
display is determined by the Executive
Director of the Agency or his designee,
to be equal to or in excess of its
in-place value, the Agency may elect to
acquire such display as a part of the
real property. In this case payment for
such acquisition shall be considered
final and no other payment for the
display'shall be made.
An eligible business may request written
permission of the Agency to sell trade
fixtures and equipment which are
identified as attached to the real
property, and buy them back at' salvage
value to receive compensation based upon
the value in place less the salvage
value. The Agency may consider making
such a payment if it is deemed
appropriate to protect the public
interest in providing a cost effective
relocation program. This type of
payment is subject to a case by case
evaluation, at the discretion of the
Agency. An eligible claimant shall be
required to sign a waiver document to
absolve the Agency from all risk and
liability in regard to the salvaged
items, and be solely responsible for all
costs related to the removal of the
items from the acquired property.
No salvage operations shall be permitted
solely for the purpose of resale to a
third party.
Nonallowable Moving Expenses and Losses
In no instance shall an owner of a displaced
business be compensated for the following:
a®
additional operating expenses incurred
because of conducting business in a new
location.
Do
cost of moving structures or other real
property improvements (exclusive of
fixtures and equipment) in which the
Wl~X/PCA/RRR776699
-46-
Be
owner of the displaced business reserved
ownership, or purchased from the Agency,
except as otherwise provided by law.
Ce
improvements to the replacement business
site, provided, however, that the Agency
may compensate a displaced business for
any addition, improvement, alteration or
other physical change required by law or
ordinance or which the Agency determines
is necessary to the reestablishment of
the displaced business.
interest on loans to cover moving
expenses.]
e. loss of good will.
f. loss of profits.
g. loss of trained employees.
h. personal injury.
any legal fee or other cost of preparing
the application for moving and related
expenses or for representing the
claimant before the Agency.
costs for storage of personal property
on real property already owned or leased
by the owner of the displaced business.
(402) EXPENSES IN SEARCHING FOR A REPLACEMENT
SITE FOR THE DISPLACED BUSINESS
An owner of a displaced business shall be
compensated for the actual and reasonable expenses
incurred in searching for a replacement site for
the displaced business. The total amount of the
payment by the Agency'for such expenses in
searching for a replacement site for the displaced
business shall not exceed One Thousand Dollars
($1,000.00). All claims for reimbursement under
this section must be documented to the Agency's
satisfaction. Expenses which qualify for
reimbursement pursuant to this Section 402 may
include:
WPX/PCA/RRR776699
-47-
Ce
The actual expense of transportation, meals,
and lodging away from home.
The expense attributable to the time spent in
searching for a replacement site computed on
the hourly wage rate of the salary or
earnings of the owner of the displaced
business or his representative or employee,
but not to exceed $10.00 per hour.
Fees paid to a real estate broker to locate a
replacement site for the displaced business,
exclusive of any fees or commissions related
to the purchase of such site.
All expenses claimed except value of time actually
spent in search must be supported by receipted
bills. Payment for time spent in search shall be
made on the basis of a certified statement
submitted by the claimant.
(403) ACTUAL DIRECT LOSSES OF TANGIBLE PERSONAL
PROPERTY OF THE DISPLACED BUSINESS
An owner of a displaced business shall be
compensated for the actual direct loss of tangible
personal property of the displaced business
attributable to relocating or discontinuing the
displaced business. The total amount of the
payment by the Agency for such direct loss of
personal property of the displaced business shall
not exceed an amount equal to the reasonable
expenses that would have been required to move
such personal property within 50 road miles of the
old location, as determined by the Executive
Director of the Agency or his designee. Subject
to said limitation, the actual direct loss of
personal property shall be computed and based on
an appraisal obtained by either the Agency or the
owner of the displaced business (and approved by
the other) of either:
The in-use value of the personal property
minus the net proceeds received from the sale
of such personal property (as approved by the
Agency prior to undertaking a sale of the
items); or
WPX/PCA/RRR776699
-48-
®
The in-use value of the personal property in
the event the property cannot be sold and is
abandoned and is not promptly replaced with a
comparable item of property, subject to
Agency review and authorization.
The cost of removal of the personal property
which is sold or abandoned shall not be
considered as an offsetting charge in
determining the amount of the actual direct
loss of suck personal property.
In order to obtain a payment for the actual
direct loss of an item of personal property,
the owner of the displaced business shall
make a bona fide effort to sell the item of
personal property for which the loss is
claimed at the highest price offered after
reasonable efforts have been made over a
reasonable period of time to interest
prospective purchasers.
If the net proceeds from the sale are less
than the in-use value, the difference between
the net proceeds and the in-use values shall
be the amount of actual direct loss of the
item of tangible personal property.
(404) BUSINESS REESTABLISHMENT PAYMENT
An owner of a small business (as defined in
Paragraph D of Section 104) who chooses to move
his business and not elect to receive a Payment In
Lieu of Moving and Related Expenses as described
in Section 406 below may be eligible to receive an
additional payment; not to exceed $10,000, for
expenses actually incurred in relocating and
reestablishing such small business, farm, or
nonprofit organization at a replacement site.
Payment under this Section 404 is subject to
Agency evaluation, on a case by case basis.
1. Eligible Expenses
Reestablishment expenses must be reasonable
and necessary, as determined by the Agency.
The following general categories of
entitlements are available for consideration:
WPX/PCA/RRR776699
-49-
ae
be
Modifications to the replacement
property to accommodate the business
operation or make replacement structures
suitable for conducting the business.
Construction and installation costs for
exterior signage to advertise the
business.
Redecorating or replacement of soiled or
worn surfaces at the replacement site,
such as paint, panelling, or carpeting.
Advertisement of replacement location.
increased rental or purchase costs
incurred doing business during the first
two years at the replacement site, but
not to exceed $5,000. In general, for
those who choose to rent, the payment is
based upon the lesser of the replacement
site rent or comparable rent, minus the
greater of the base monthly rent of the
acquired site or economic rent, times 24
months. For those who choose to
purchase, the payment is based upon the
difference between the comparable or
actual replacement site rental cost
(prorated to reflect the space occupied
at displacement site) minus the economic
rent of the acquired site, times 24
months.
The payment shall not exceed $5,000 and
is contingent upon the business
providing proof of occupancy at the
replacement site for a minimum of 12
months.
If the business owner intends to apply
for compensation under the Rent
Differential Subsidy Payment, Section
405 below, he must first apply for
compensation under this Business
Reestablishment Payment. If compensa-
tion in excess of $5,000 is calculated
as eligible for increased costs of
operation, the maximum amount of $5,000
shall be considered under the Business
Reestablishment Payment and the balance
WPX/PCA/RRR776699
-50-
®
(40§)
may then be considered for payment under
the Business Rent Differential Subsidy.
fe
Other items which may be approved by the
Agency, evaluated on a case by case
basis, which are deemed legitimate and
reasonable expenses, and directly
related to the involuntary displacement
and the reestablishment of the business.
In no event ~hall total costs payable under
this section exceed the $101000 statutory
maximum.
Ineligible Expenses
The following is a nonexclusive listing of
reestablishment expenditures not considered
to be reasonable, necessary, or otherwise
eligible:
ae
Purchase of capital assets, such as
office furniture, filing cabinets,
machinery, or trade fixtures.
be
Purchase of manufacturing materials,
production supplies, product inventory,
or other items used in the normal course
of the business operation.
Interior or exterior refurbishments at
the replacement site which are for
aesthetic purposes, except as provided
in paragraph lc of this section.
de
Interest on money borrowed to make the
move or purchase the replacement
property.
ee
Payment to a part-time business in the
home which does not contribute
materially to the household income.
BUSINESS RENT DIFFERENTIAL SUBSIDY
General
As previously described in Section 404 above,
a business owner or tenant claiming increased
rental costs or required costs to purchase a
WPX/PCA/RRR776699
-51-
replacement site, must first apply for
compensation under the Business
Reestablishment Payment category. Any
compensation received under a Business
Reestablishment Payment must be deducted from
item 3a or 3b below. The business may then
apply for the balance, if any, as a Business
Rent Differential Subsidy.
Eligibility
The owner of a displaced business who has
owned, occupied, or operated from the
business facility which is acquired by the
Agency for a period of at least one year
prior to the initiation of negotiations for
the acquisition of the business facility or
real property may file claim for a Business
Rent Differential Subsidy payment. An owner
of a displaced business is eligible for a
rent differential subsidy payment when he
rents or purchases a comparable replacement
business facility.
The phrase 'comparable replacement business
facility" as used herein shall be a business
location functionally equivalent and
substantially the same as the acquired
facility; adequate in size to meet the needs
of the displaced business; located in an area
not generally less desirable than the one in
which the acquired facility is located with
respect to municipal services, public
utilities, and public and commercial
facilities; and is available for acquisition
or lease.
Amount of Payment
If a displaced business is eligible for a
rent differential subsidy, the amount of such
subsidy shall be determined as follows:
ae
For a business which has a current
leaseable area of 1,000 square feet or
less, an amount equal to the difference,
for one year, between the current rent
and the relocation site rent, up to a
maximum of $10,000, whichever is less.
WPX/PCA/RRR776699
-52-
For a business which has a current
leaseable area in excess of 1,000 square
feet an amount equal to the difference,
for one year, between the current rent
and the relocation site rent, up to a
maximum of $15,000, whichever is less.
Computation of Payment - Business Electing to
Rent
A displaced business electing to rent may be
eligible for a rent differential subsidy
payment for rental assistance not to exceed
the amount set forth in Paragraph 3 above.
The rental assistance payment shall be
determined by computing the difference
between the base monthly rental (as
hereinafter defined) for the facility from
which such business was displaced and the
lesser of (1) the monthly rental for a
comparable replacement facility, or (2) the
actual monthly rental for the replacement
facility multiplied by 12. The rental
assistance payment as determined and approved
by the Agency shall not be subject to
recomputation. Said payment shall be payable
in one lump sum. Payment shall not be
disbursed until the claimant's physical
vacation from the acquired site and the
execution of a Certificate of Abandonment.
The phrase "base monthly rental" as used
herein shall be either the average
monthly rent paid by the business for
the three-month period prior to the
initiation of negotiations or the
"economic rent" if the business either
owned the facility from which such
business was displaced or was not
required to pay market rent for the
facility from which such business was
displaced. Economic rent as used herein
shall be the average monthly rental (for
the three-month period prior to the
initiation of negotiations) for similar
facilities in an area not generally less
desirable than that of the facility from
which such business was displaced. The
period used to determine the base
monthly rental may be longer than three
WPX/PCA/RRR776699
-53-
e
months if a longer period would more
accurately reflect the rent actually
paid for the facility from which the
displacement took place.
The monthly rental for a comparable
replacement facility shall be determined
on a case by case basis using one or
more facilities which are actually
available and are determined to be most
representative of the facility from
which displacement occurs. Said
determination shall be made by the
Agency. Comparable facilities are
selected from the general area from
which the business is displaced provided
that the facilities meet local building
codes; are not in an area designated for
prospective governmental action which
may reasonably be expected to involve
displacement; are not in a location
subject to unreasonable adverse
environmental conditions. If business
facilities meeting the foregoing
criteria are not available in the
general area from which the business is
displaced, comparable facilities shall
be selected from adjacent or nearby
areas in ascending order of rental cost.
Computation of Payment - Business Electing to
Purchase
A displaced business electing to purchase may
be eligible for a rent differential subsidy
payment toward purchase of a replacement
business facility not to exceed the amount
set forth in Paragraph 3 above. The amount
of the payment shall be determined by the
Agency in accordance with the following:
aJ
The amount of the payment shall be the
lesser of (1) the amount required as a
down payment in financing a conventional
loan on the replacement facility
actually purchased or (2) the amount
required as a down payment in financing
a conventional loan for a comparable
facility. If the down payment required
is less than the amount required for a
WPX/PCA/RRR776699
-54-
conventional loan, the Agency may
compute the payment on the basis of the
amount required for financing a
conventional loan provided the business
utilizes the full amount of the payment
to reduce the outstanding amount of the
loan. The full amount of the payment
must be applied to the purchase price
and such payment, including incidental
expenses, must be shown on the closing
escrow ~tatement.
Agency shall determine the amount, if
any, necessary to compensate the
displaced business owner for expenses he
incurs incidental to the purchase of the
displacement business facility. Said
incidental expenses shall be in addition
to theamount payable in Subparagraph a
above, but limited to the maximum amount
set forth in Paragraph 3 above.
Limitation
Payment of the Rent Differential entitlement
shall be subject to the following minimum
requirements:
ao
The displaced business executes a
knowing waiver of loss of goodwill
claims.
Regardless of whether joint occupants
displaced from a single business
facility are reestablished in more than
one replacement facility, the rent
differential subsidy payment shall not
exceed the maximum amount provided for
in Paragraph 3 above. In the event of
joint occupants, a prorated entitlement
will be calculated based upon square
feet occupied.
Ce
The displaced business executes a lease
at the replacement site for a period not
less than twelve (12) months.
WPX/PCA/RRR776699
-55-
Fe
(406) PAYMENTS IN LIEU OF MOVING AND RELATED
EXPENSES
Any owner who moves or discontinues his business
and who elects to accept the payment authorized by
this Section 406 in lieu of the payments
authorized by Sections 401 through 405 shall
receive a fixed relocation payment in an amount
equal to the 'average annual net earnings' of the
business. If a business has no net earnings or
has suffered losses during the period used to
compute the average annual net earnings", it may,
nevertheless, receive the $1,000 minimum payment
described in Paragraph 2 of Section 406 provided
that the Agency determines that such business is,
in fact,. a bona fide business and meets all of the
following eligibility requirements.
1. Eligibility
To be eligible for the payment authorized by
Section 406, the owner of the displaced
business shall make available to the Agency
its state income tax and sales records,
and/or its financial statements and
accounting records, for confidential use by
the Agency to determine the amount of the
payment.
No payment shall be made under Section 406,
unless the Agency determines that (1) the
business cannot be relocated without a
substantial loss of its existing patronage
and (2) that the business is not a part of a
commercial enterprise having at least one
other establishment not being acquired by the
Agency, which is engaged in the same or
similar business.
Additionally, to be eligible for this
payment, the business must contribute
materially to the income of the displaced
owner. A part-time individual or family
occupation in the home which does not
contribute materially to the income of the
displaced owner is not eligible for this
payment.
The determination of the loss of existing
patronage shall be made by the Executive
Wl~X/PCA/~776699
-56-
Director of the Agency or his designee, only
after consideration of all pertinent
circumstances, including but not limited to
the following factors:
the type of business conducted by the
displaced business.
the nature of the clientele of the
displaced business.
In connection with the relocation of a
nonprofit organization, the use of the
term "patronage" shall refer to the
persons, community, or clientele served
or affected by the activities of the
nonprofit organization.
In determining whether the displaced
business is a part of a similar business
enterprise having at least one other
establishment not being acquired, or in
determining whether two or more
displaced legal entities constitute a
single business which is entitled to
only one fixed payment, the Agency shall
consider the following factors:
(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 the 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; and,
(4)
the extent to which the same person
or closely related persons own,
control or manage the affairs of
the entities.
An outdoor advertising display shall not
be entitled to the payment under Section
406, but shall be limited to the payment
WPX/PCA/RRR776699
-57-
of moving expenses under Section 401, or
the cost to replace said display,
whichever is less.
2. Amount of Payment
The payment made to an owner of a displaced
business pursuant to Section 406 shall be in
an amount not less than One Thousand Dollars
($1,000.00) nor more than Twenty Thousand
Dollars ($20~000.00).
Exception: The Agency has adopted a special
policy for displaced non-profit organiza-
tions. Any such organization which
establishes their eligibility under the
governing criteria will receive a fixed
payment of $2,500.00.
A person whose sole business at the displacement
dwelling is the rental of the property to others
shall not qualify for a payment under this Section
406.
WPX/PCA/RRR776699
-58-
Ve
(500)
Be
MOBILEHOMES
(501) PURCHASE OF MOBILEHOMES
The Agency may purchase mobil·homes where:
The structural condition of the mobilehome is
such that it cannot be moved without
substantial damage or unreasonable cost; or
The mobil·home is not considered to be a
decent, safe, and sanitary dwelling unit ana
such deficiencies cannot be remedied at a
reasonable cost.
(502) PARTIAL ACQUISITION OF MOBILEHOME PARK
Where the Agency determines that a sufficient
portion of a mobilehome park is taken to justify
the operator of such a park to move his business
or go out of business, the owners and occupants of
the mobilehome dwellings not within the actual
taking, but who are forced to move, shall be
eligible to receive the same payments as though
their dwellings were within the actual taking.
(503) MOBILEHOMES AS REPLACEMENT DWELLINGS
A mobil·home may be considered a replacement
dwelling provided:
The mobilehome meets standards of decent,
safe and sanitary housing,
2. The mobil·home is placed in a fixed location:
in a mobil·home park which is licensed
and operating under State law; or
in a mobil·home subdivision wherein the
displaced person owns the lot on which
the mobil·home is placed; or,
on real property owned or leased by the
displaced person in other than a
mobil·home subdivision, provided such
placement is in accordance with state
and local laws or ordinances, and
provided such placement was made under
permit from the state or local Agency.
Wl~X/PCA/Rl%R776699
-59-
Ze
(504) COMPUTATION ON NEXT HIGHEST TYPE
When a comparable mobilehome is not available, it
will be necessary to calculate the replacement
housing payment on the basis of the next highest
type of dwelling that is available and meets the
applicable requirements and standards, i.e., a
higher type mobilehome or a conventional
dwelling. "Not available" as used in this Section
includes, but is not limited to, those cases where
mobilehomes cannot be relocated in mobilehome
parks within a reasonable distance from the place
of dislocation because of lack of available spaces
or because of the standards and rules of the
mobilehome parks where spaces are available.
(505) RELOCATION ELIGIBILITY AND PAYMENTS
The eligibility requirements and general
provisions of Section 300 are applicable to owners
and tenants of mobilehomes.
WPX/PCA/RRR776699
-60-
VI.
(600) LAST RESORT HOUSING
A. (601) AUTHORIZATION; METHODS
If comparable replacement dwellings are not
available to tenants or homeowners who are
displaced, ana the Agency determines that such
housing cannot otherwise be made available to
them, the Agency may use funds authorized for the
project for which the real property, or interest
thereof, is being' acquired to provide such
housing.
The Agency may expend funds and take such other
actions as it deems necessary to provide,
rehabilitate, or construct last resort housing
pursuant to an approved plan for last resort
housing through methods including but not limited
to the following:
Transfer of funds to state and local housing
agencies;
Contract with organizations experienced in
the development of housing;
Direct development, rehabilitation or
construction by the Agency;
Financing of development, rehabilitation or
construction by the Agency;
Provide payment of relocation benefits to
tenants or homeowners temporarily displaced
due to rehabilitation of housing, where said
rehabilitation is a result of the Agency's
financing or direct involvement;
Provide housing subsidies as permitted by
law.
Whenever practicable, the Agency shall use the
services of federal, state, or local housing
agencies, or other agencies having experience in
the administration or conduct of similar housing
programs.
WPX/PCA/RRR776699
-61-
B. (602) NONDISCRIMINATION; AFFIRMATIVE ACTION
All contracts and subcontracts for the construction,
rehabilitation or management of last resort housing
shall be let without discrimination as to race, color,
religion, ancestry, national origin, sex, marital
status or other arbitrary circumstance and pursuant to
an affirmative action program. The Agency shall
encourage participation by minority persons in all
levels of construction, rehabilitation, planning,
financing and managemeht of last resort housing. When
the housing will be located in an area of minority
concentration, the Agency shall seek to secure
significant participation of minorities in these
activities. The Agency shall require that, to the
greatest extent'feasible, opportunities for training
and employment arising in connection with the planning,
construction, rehabilitation and operation of last
resort housing be given to persons of low income
residing in the area of such housing and shall
determine and implement means to secure the
participation of small businesses in the performance of
contracts for such work.
C. (603) CONFORMITY WITH STATUTES AND REGULATIONS
The provision of last resort housing by the Agency
shall be in accord with the provisions of Section
1 of the Civil Rights Act of 1866, Title VI of the
Civil Rights Act of 1964, Title VIII of the Civil
Rights Act of 19681 the Unruh Civil Rights Act,
the California Fair Housing Law, and the
California Environmental Quality Act of 1970, and
regulations issued pursuant thereto.
D. (604) MONITORING HOUSING PRODUCTION
The Agency shall monitor the production of the
last resort housing to ensure that it is in
accordance with the plan for last resort housing
approved by the Agency.
E®
(605) RETENTION OF BENEFITS UPON MOVE TO LAST
RESORT HOUSING
The Agency shall not require a displaced resident
to accept last resort housing in lieu of the
displaced resident's acquisition payment, if any,
for the real property from which he is displaced
WPX/PCA/RRR776699
-62-
F®
or the relocation payments for which he may be
eligible.
(606) LAST RESORT HOUSING PAYMENTS
If Last Resort Housing is to be provided by
payments above the maximum Replacement Housing
Payment, (as provided for in Section 300), these
payments shall be administered as follows:
1. Payments to Tenants Who Rent:
In administering this payment to tenants who
elect to rent, the Agency will follow the
criteria set forth below:
ae
In order to qualify for a Last Resort
Housing Payment the displacee must meet
the criteria established for eligibility
for a Rental Assistance Payment. No
owner occupant or tenant who elects to
purchase a replacement dwelling unit
will be eligible for the Last Resort
Housing Program without the Agency's
prior written authorization.
be
The Last Resort Housing Payment will be
computed as follows:
The amount of comparable housing
(including utilities) or the amount
of actual replacement housing,
whichever is less, will be used as
the base rent figure.
(2)
From this figure, 25% of the
verified income of the displaced
family or person, or gross project
area rent (including utilities),
whichever is less, will be
subtracted.
(3)
The difference between items (1)
and (2) will be divided into
$5,250, which will result in the
number of months the $5,250 Rental
Assistance Payment subsidy would
last.
WPX/PCA/RRR776699
-63-
(4)
(5)
(6)
(7)
(8)
The result of Step (3) will be
subtracted from 48 months,
representing the Last Resort
Housing subsidy period.
Twenty-five percent of the incomer
or gross project rent, whichever is
greater, will be subtracted from
the amount of comparable housing
(including utilities) or the amount
of actual replacement housing
(including utilities), whichever is
less.
This amount will then be multiplied
by the number of remaining months
calculated in [Step (4) above],,
resulting in the total amount of
the Last Resort Housing Payment.
If the displaced family or person
has refused to verify or disclose
income, the payment described in
Section 300 will be final and no
Last Resort entitlement will be
available.
If the balance of the computation
outlined in subparagraphs (3), (4),
(5) and (6) above exceeds $5,250,
and if the claimant remains
eligible for Last Resort Housing
payments based on the criteria
described in (10) below, then Last
Resort Housing Payments will be
made to the claimant subject to
Agency review and discretion, on a
case by case basis, as follows:
(a)
in a lump sum one year from
the date of displacement, or
(b)
annually, in the amount of
twelve 12 (months) times the
amount calculated in Step (5)
above (the subsidy required
each month); or
(c) at some other interval.
WPX/PCA/RRR776699
-64-
(9)
The first annual Last Resort
Housing payment will be made on the
date determined by Step (3) above
(the date when the $5,250 Rental
Assistance Payment is ~sed up) and
annually thereafter until the total
amount of the Last Resort Housing
Payment (as calculated in Step (6)
above) is completely paid.
(10) At the time such annual payments
are made, the replacement housing
will be inspected to certify that
it is decent, safe and sanitary, as
a condition of payment eligibility.
(11) The Agency reserves the right to
evaluate on a case by case basis,
and waive the Replacement Housing
Payment eligibility requirements,
to permit the authorization of the
Last Resort Housing Payment when
the Agency, at its sole discretion,
determines that such payment is
justified·
Payments to Tenants Who Purchase:
Tenants who elect to purchase a replacement
dwelling are not eligible for a Last Resort
Housing Payment.
Payments to Homeowners Who Purchase:
Homeowners who elect to repurchase a
replacement dwelling are not eligible for a
Last Resort Housing Payment.
However, the Agency reserves the right to
authorize a payment of last resort, at their
discretion, on a case-by-case basis. Such a
determination will require the Executive
Director or his designee to authorize payment
if such payment is justified based upon
Paragraph B of Section 102.
WPX/PCA/RRR776699
-65-
VII.
(700) APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW
A. (701) NOTIFICATION OF CLAIMANT
In the event the Executive Director of the Agency
or his designee, denies the eligibility of a
person who has made a claim for a relocation
payment under these Rules and Regulations, or
disapproves the full amount claimed, or refuses to
consider the claim or its merits on account of an
untimely filing or any other ground, the Executive
Director of the Agency or his designee, shall, by
written notice, inform the person of its
determination, the reasons therefor, and the
applicable procedures for obtaining review of the
determination.
B. (702) RIGHT OF REVIEW
Any person aggrieved by a determination as to
eligibility for, or the amount of, a payment under
these Rules and Regulations, may have his claim
reviewed in accordance with the procedures set
forth below. Any person or class of persons may
seek review of any schedule with respect to
payment under these Rules and Regulations. The
procedures for review are as follows:
1. Review by Agency Designee
Any person or class of persons who has a
right to seek review as provided in Section
702 may request in writing that the Agency's
authorized designee review the matter with
the person or persons making this request.
Such designee may be the person who made the
initial decision. After an interview with
the person who made the decision, the
relocatee may then request an administrative
review with the person other than the person
who made the initial decision. Any such
person or class of persons, upon request to
the Agency, shall be afforded the opportunity
to make an oral presentation and to discuss
the subject claim or claims with the Agency's
designee. The Agency's designee shall notify
such person or persons in writing of his
decision after reviewing and considering all
reasonably available evidence. Said
notification shall be made within fifteen
WPX/PCA/RRR776699
-66-
e
(15) days following the date on which the
matter was reviewed with the person or
persons making the request for review.
Review by Relocation Appeals Board
After review of the matter by the Agency's
designee and receipt of its decisions or in
the event such person or class of persons has
not received notification of the Agency
designee's decision within 60 days after
filing the initial request for review, the
person or class of persons may file a
complaint in writing with the Relocation
Appeals Board established by the Agency. The
complaint must be filed within six (6) months
of the date on which the aggrieved person or
class of persons received (or should have
received) notification of the Agency's
decision. The Relocation Appeals Board will
promptly hear all such complaints pursuant to
rules and regulations adopted by the
Relocation Appeals Board, and shall determine
if the Agency has complied with applicable
provisions of the California Community
Redevelopment Law, the State Guidelines, the
Relocation Rules and Regulations contained
herein, and, where applicable, federal
regulations. The Relocation Appeals Board
shall, after a public hearing on the matter,
· transmit its findings and recommendations to
the Agency members.
Review by Agency Members
After a public hearing by the Relocation
Appeals Board, and receipt of its findings
and recommendations, the Agency members shall
conduct a hearing on the complaint, and shall
give such person or class of persons at least
fifteen (15) days written notice prior to
hearing the matter. The final determination
on review by the Agency members shall
include, but is not limited to:
ao
the Agency members' decision on
reconsideration of the claim or claims,
and
WPX/PCA/RRR776699
-67-
Ce
Do
Fe
be
the factual and legal basis upon which
its decision is based, including any
pertinent explanation or rationale.
The aggrieved person or class of persons
shall be notified in writing of the decision
of the Agency members within five (5) days
after such decision, which decision shall be
final.
(703) REVIEW OF FILES
Except for confidential material, and except to
the extent specifically prohibited by law, the
Agency shall allow the aggrieved person or persons
to inspect all files and records bearing on the
claim or complaint. The Agency may, however,
impose reasonable conditions on such right to
inspect its files and records.
(704) EFFECT OF DETERMINATION ON OTHER PERSONS
The principles established in all determinations
by the Agency shall be applied to all similar
cases regardless of whether or not a person has
filed a written request for review.
(705) INTERPRETATION OF RULES AND GUIDELINES
These Rules and Guidelines shall be construed so
as to fulfill the statutory purpose as declared in
the Relocation Assistance Law of 'fair and
equitable treatment' in order that displaced
persons "not suffer disproportionate injuries as a
result of programs designed for the benefit of the
public as a whole."
(706) RIGHT TO COUNSEL
The claimant has a right to representation by
legal or other counsel at his own expense at any
and all stages of the proceedings set forth in
Sections 701 through 703.
WPX/PCA/RRR776699
-68-
(707) JUDICIAL REVIEW
Nothing in these Rules and Guidelines shall in any
way preclude or limit a claimant from seeking
judicial review or receiving a fair and impartial
consideration of his claim on its merits upon
exhaustion of such administrative remedies as are
available to him under Section 702.
WPX/PCA/RRR776699
-69-
VIII.
A.
Be
(800) REOUIREMENTS PRIOR TO DISPLACEMENT
(801) NINETY DAY NOTICE
To the greatest extent practicable,, no person
lawfully occupying real property shall be required
to move from his dwelling (assuming a comparable
dwelling will be available) or to move his
business, without at least 90 days written notice
from the Agency to vacate. After delivery of a
90-day notice to the person or business to be
displaced by the Agency, the parties may agree in
writing to a tenancy which permits a shorter
notice than 90 days to terminate such tenancy and
to require such person to move. If the Agency
permits such person or business to remain on the
real property acquired by the Agency on a rental
basis for a short term or for a period subject to
termination by the Agency on a 90-day notice, or
shorter notice period, the amount of rent required
shall not exceed the fair market rental value of
the property to a short-term occupier.
(802) PRIOR DETERMINATIONS
The Agency will not proceed with any phase of a
project that results in displacement until it has
determined that:
1. '-- Fair and reasonable relocation payments will
be provided to eligible persons as required
by Sections 300 and 400 of these Rules and
Regulations.
A relocation assistance program offering the
services described in Section 200 of the
Rules and Regulations will be established.
Eligible persons will be adequately informed
of the assistance, benefits, policies,
practices and procedures, including grievance
procedures, provided for in these Rules and
Regulations.
Based upon recent survey and analysis of both
the housing needs of persons who will be
displaced, and available replacement housing
and considering competing demands for that
housing, comparable replacement dwellings, as
defined in Paragraph 7 of Section 104 will be
WPX/PCA/RRR776699
-70-
Ce
available, or provided, if necessary, within
a reasonable period of time prior to
displacement sufficient in number and'size
for the eligible persons who require them.
Adequate provisions have been made to provide
orderly, timely, and efficient relocation of
eligible persons to comparable replacement
housing available without regard to race,
color, religion, sex, marital status, or
national origin with minimum hardship to
those affected.
e
A relocation plan meeting the requirements of
Section 203 has been prepared.
(803) USE OF TEMPORARY HOUSING
Subject to the prior approval of the Executive
Director or his designee, a person to be displaced
from a dwelling by the Agency may be provided
temporary housing which is not comparable
replacement housing as defined in Paragraph 7 of
Section 104 in the following circumstances:
In cases of emergency or where such person is
subject to economic hardship or conditions
hazardous to his health or safety; or
2.- ....In extraordinary situations where, in the
absence of such temporary move, the progress
of the program would be substantially delayed
if the following conditions are satisfied:
ae
Such temporary housing is decent, safe
and sanitary and within the financial
means of such person; and
The Executive Director or his designee
determines that within 12 months of the
date of the temporary move or such
longer period as deemed reasonable,
comparable replacement housing meeting
the criteria specified in Paragraph 7 of
Section 104 will be available for
occupancy by such displaced person; and,
The Agency shall continue to furnish to
all displaced persons provided temporary
housing under this Section 803, all
WPX/PCA/RRR776699
-71-
relocation assistance required or
eligible under Sections 200 and/or
300. Any displaced person provided
temporary housing under this Section 803
shall be entitled to actual reasonable
moving expenses into both temporary and
permanent housing, and may elect to
receive an alternate payment under
Section 303 in lieu of actual reasonable
moving expenses.
WPX/PCA/RRR776699
-72-
REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA
INFORMATIONAL STATEMENT FOR BUSINESSES TO BE DISPLACED
GENERAL INFORMATION
The Redevelopment Agency ("Agency") of the City of Temecula
has decided to implement a plan for the improvement of the
area in which you are presently located. That plan requires
the Agency to acquire certain properties including the one
in which you are located. The Agency has employed the
consultant firm of , to
administer its relocation activities.
Please be advised that is acting in
the capacity of an advisory relocation agent.
makes recommendations, based upon the
individual circumstances which relate to your business and
the potential relocation benefits which are available.
Actual reimbursement for any and all incurred expenses
require the authorization and approval of the Agency.
The following information will be helpful to you in
determining your eligibility and the amount of your
relocation benefits. We suggest you save it for
reference. Whereas Agency acquisition of the property which
you occupy may result in your displacement, if you lawfully
occupy the property, you will not be required to move
without at least 90 days written notice from the Agency.
II. ELIGIBILITY REOUIREMENTS
You may be eligible for relocation benefits under the
following conditions:
The Agency acquires (obtains title to) or obtains
the right to possession of property in which you
are located; and/or,
You receive a written order from the Agency to
vacate property which you occupy.
If you are otherwise eligible for relocation assistance and
payments, you could disqualify yourself from some or all of,
the assistance and payments by moving too soon. If you are
WPX/PCA/STM121212
-1-
in doubt, please call your representative with
, who will set up an appointment with
you.
III. PAYMENT OF MOVING AND RELATED EXPENSES
Payment may be made for reasonable and necessary moving
expenses and any actual direct loss of property for which no
other reimbursement or compensation has been made. If
eligible, payments will be made as follows:
A payment for actual moving costs for moving
tangible personal property and business inventory
(for a distance of not more than 50 miles);
Actual moving expenses include packing, crating of
personal property (and business inventory),
obtaining bids, insurance, disconnecting,
dismantling, removing, reassembling, reconnecting,
and reinstailing personal property, including
telephones, subject to Agency review and
approval. Any other categories of relocation
entitlements must be approved by the Agency on a
case-by-case basis.
e
A payment for direct loss of personal property,
not to exceed the estimated reasonable expenses of
moving such property.
If the business is going to make a claim for
property loss, it is first necessary to determine
the fair market value of the property for
continued use at its present location. It may be
necessary to obtain an appraisal from a qualified
appraiser. A valid attempt must then be made to
sell the personal property. The appraisal fees,
mover's estimate, auctioneer's fees, sales
commissions and advertising costs are all expenses
of the sale.
The amount of the property loss is the amount of
the appraised value, less the amount received from
the sale of the property, however not to exceed
the estimated moving expenses. The personal
property which remains unsold and which is being
claimed as a property loss, shall become the
property of the Agency.
WPX/PCA/STM121212
-2-
3. Searching for a Replacement Location:
A relocation payment for costs incurred in
searching for a replacement location may include
actual reasonable expenses not to exceed $1,000.
Searching expenses may include:
ao
Transportation expenses within a radius of 50
miles;
b. Meals and lodging while away from home;
An amount to cover the reasonable time spent
searching, based on the hourly wage rate of a
business concern's representative, but not to
exceed $10.00 per hour;
de
Reasonable fees paid to a real estate agent or
broker to locate a replacement business site.
4. Cost of Printing:
An amount for printing a reasonable supply of
printed matter to replace that made obsolete as a
result of the move may be compensable as a moving
expense.
5. Business Reestablishment Payment:
An eligible displaced business which actually
reestablishes at a new location is entitled to
consideration for a payment in an amount not to
exceed $10,000, identified as a "Business
Reestablishment Payment". This payment is subject
to the individual, unique circumstances of each
eligible business enterprise. Specific categories
which may be considered for application should be
discussed with your
representative. The total of all expenses which
may be approved under this category may not exceed
a combined total of $10,000.
Please remember, if you elect to apply for a "Payment in
Lieu of Moving and Related Expenses", as described in
Section VII below, you are not eligible for consideration of
compensation or reimbursement for any expenses described in
this Section III.
WPX/PCA/STM121212
-3-
IV. BUSINESS MOVES
The business being displaced must notify the relocation
staff, in writing, of their intention to move at least 30
days prior to the date of the move. Included w-ithin this
notification should be the address of the new location and
the following information:
Listing of all items and quantities to be moved;
Type of move planned - self move or contracted
move;
Scope of services to be involved - packing,
crating, cartage, electrical, plumbing, carpentry,
etc., including the descriptions of all work to be
done in each category.
The business being displaced should obtain
assistance from the relocation staff in preparing
this information and bid documents as bids will
requirement Agency approval. All bids received
from bidders must be submitted at least 15 days
prior to the commencement of the move. To assure
eligibility under the relocation program, any and
all incurred expenses should be reviewed with your
Relocation Representative prior to your committing
to incur expenses. The Agency must authorize
eligibility to confirm the approval of your
relocation entitlements.
V. SEALED BIDS
If the total cost of the move, or of any separately
identified category of service involved in the move, is
estimated to cost $3,000 or more, sealed bids must be
requested from the contractors unless special arrangements
are made. Each bid must specify the precise scope of work
to be covered.
After review and approval of bids, the Agency will give the
business an authorization to proceed to incur moving
expenses. The payment made by the Agency will be in
accordance with the work actually authorized and completed
and will not exceed the amount of the low bid in each
category of work.
Payment by the Agency will be made after the filing of a
properly documented claim by the business and after
inspection of the completed work by the Agency.
WPX/PCA/STM121212
-4-
VI. SELF MOVE
A self move may be made, however, the cost may not exceed
that of the low bid by a moving company. Information
regarding the filing of a self move claim will be given to
you by your relocation representative.
Additionally, a self move will require written authorization
from the Agency or their representative prior to the move
being accomplished.
VII. PAYMENT IN LIEU OF MOVING AND RELATED EXPENSES
A payment in lieu of moving and related expenses may be made
to a business that elects to receive such payments if the
eligibility requirements for this alternative relocation
payment are met. Additionally, the following requirements
are necessary for application under this program. To
establish eligibility, please contact your
representative.
The business cannot be relocated without a
substantial loss of its existing patronage;
The business or non-profit organization is not
part of a commercial. enterprise or organization
having another establishment which is not being
acquired for the project, and which is engaged in
the same or similar business or activity;
The business annually grosses earnings in excess
of $2,000; OR the annual net earnings are in
excess of $1,000; OR the annual earnings
contribute at least 33-1/3 percent of total income
to the owner.
Amount of Pavment
A payment in lieu of moving and related expenses shall
be equal to the average annual net earnings of the
business concern, but not less than $1,000 nor more
than $20,000. Payment to a non-profit organization
which does not operate for profit shall be in the
amount of $2,500.
Average Annual Net Earnings
Average Annual Net Earnings generally shall be
computed on the basis of the net earnings of the
business before federal, state and local income taxes
WPX/PCA/STM121212
-5-
during the two taxable years preceding the taxable
year in which ~isplacement occurs, and include
salaries, wages or other compensation paid by the
business to the owner, his spouse or his dependents.
A person whose sole business at the displacement
dwelling is the rental of the property to others does
not qualify for a payment under this section.
Remember, when you elect to take the in-lieu payment,
you are NOT entitled to reimbursement for any other
moving expenses as described in Section III above.
VIII· OTHER IMPORTANT INFORMATION
have been employed by the Agency to
assist you in locating a new business site and filing your
relocation claims.
, on behalf of the Agency, will provide
relocation advisory assistance to all business concerns and
non-profit organizations to be displaced by the project.
The assistance shall include consultations with the owner or
operator to determine the needs, in addition to current and
continuing information on the availability of relocation
sites. Claims for moving expenses and/or actual direct
losses of property and/or in lieu payments must be submitted
within eighteen (18) months of the move.
IX. RENTAL AGREEMENT
After the Agency acquires the property in which you are
located you will become a tenant of the Agency, and must
continue to pay rent for the space occupied by your
business. You will be required to sign a rental agreement
stating the amount of your rent and the conditions under
which you may occupy the building.
EVICTION POLICY
Eviction proceedings shall be kept to a minimum and
instituted only for the following reasons:
1. Failure to pay rent;
Use of the premises for illegal purposes and/or
maintaining <a nuisance;
WPX/PCA/STM121212
-6-
Committing a material violation of the rental
agreement;
e
e
Refusal to accept one of a reasonable number of
offers of accommodations meeting City or State
relocation standards;
Continued refusal to admit or cooperate with the
Agency. or other members of the Agency staff;
Situations requiring eviction under State and/or
local law.
XI. APPEAT.S PROCRDURE - GRIEVANCES
Any person aggrieved by a determination as to eligibility
for a relocation payment, or the amount of a payment., may
have their claim reviewed or reconsidered in accordance with
the established appeals procedure· Complete details on
appeals procedure is available upon request from the
Redevelopment Agency of the City of Temecula.
WPX/PCA/STM~2~2~2
-7-