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HomeMy WebLinkAbout80-77 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 80-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING RELOCATION GUIDELINES WHEREAS, the Legislature has enacted legislation which requires the City of Ukiah to adopt relocation guidelines that conform to guidelines adopted by the State of Housing and Community Development, and WHEREAS, the City of Ukiah has previously adopted relocation guidelines that no longer conform to the guidelines adopted by the State Department of Housing and Community Development, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Subchapter 1 of Chapter 6 of Title 25 of the California Administrative Code attached hereto and made a part hereof as the City of Ukiah Relocation Guidelines. It is the intent of the Council by this action, to adopt by reference, any amendments to these guidelines adopted by the State Depart- ment of Housing and Community Development Commission, BE IT FURTHER RESOLVED that any resolutions previously adopted by the Council in conflict herewith are hereby repealed. PASSED AND ADOPTED this 7th day of May , 1980, by the following roll call vote: AYES: Councilmembers Riley, Feibusch, Snyder,~yers, Hickey NOES: None . ABSENT: NOne " ATTEST: City Clerk ,. TITLE 25 HOUSING AND COMMUNITY DEVELOPMENT 631 PROGRAMS (Regi~ter 78, No. ?~2-11~78) CHAPTER 6. DEPABTMENT OF ttOU~ING AND COMMUNITY DEVELOPMENT PROGRAMS SUBCItAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES SUBCIIAPTER 9.. CALIFORNIA LOW-INCOME HOME MANAGEMENT TRAINING PROGRAM SUBCIIAPTER 3. HOUSING ELEMENT GUIDELINES SUBCHAPTEB 4. HOUS~NG I~.L~EMENT 6'UIDELINES SUBCHAPTER 5. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OF HOUSING AND COMMUNITY DEVELOPMENTmCONFLICT OF INTEREST CODE SUBCHAPTER 1. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES Article 1. General 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 3. Relocation Payments 4. Last Resort Housing 5. Grievance Procedures 6. Acquisition Policies Detailed Analy~i~ ' Article 1. General Section · 6000. Order o£ Adoption 6002. Statement bf Purpose and Policy 6004. Applicability and Supersedure 6006. Regulations 6008. Definitions 6010. Prior Determinations 6012. Citizen Participation 6014. Prerequisite, to Displacement 6016. Remedies 6018. Priority of Federal Law 6020. Severability Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing Section 6000. 6034. C~8. C~,0. Purpose Relocation Assistance Advisory Program Eligibility Rehabilitation, Demolition, Code Enforcement Relocation Plan Minimum Requirements of Relocation Assistance Advisory Program Replacement Housing prior to Displacement: Notices To Displaced Persons Temporary Move Informational Program Survey aqd Analysis of Relocation Needs Failure to Conduct Timely and Effective Survey Survey and Analysis of Available Relocation Resources La, st Resort Housing Termination of Relocation Assistance Eviction Evaluation of Relocation 632 Section 6060. 60~. 60~6. 6088. 6090. 6092. 6094. 6098. 6100. 6102. 6104. 6106. 6108. 6110. 6112. 6114. Section 6120. 6122. 6124. 6126. 6128. 6130. 6132. 6134. 6136. 6138. Section 6150. 6152. 6154. 6156. 6158. 6160. 6162. 6164. 6166. 6168. 6170. 6172. 6174. 6176. }loUSING AND COMMUN!'rY DEVELOPMENT TITLE 25 (R~gi~ter 18, No. 7~2-18-78) Article 3. Relocation Payment~ Purpose Relocation Payments by Public Entity Basic Eligibility (]onditions Notice of Intent to Displace Filing of Claims; Submission of Tax Returns Actual Reasonable Moving Expenses Actual Direct ~sses of Tangible Personal Property Actual Reasmmble Expenses in Searching for a Replacement Business or Ii'arm Moving Expense~Outdoor Advertising Businesses Alternate Payments~Individuals and Families Alternate Payments~Businesses and Farm Operations Replacement Housing Payments for Ho,neowners Replacement Housine Payments for Tenants and Certain Others Proration of Payments Condition of Replacement Dwelling Certificate of Eligibility Mobile tfomes Affected Property Article 4. ~st Resort Housing Purpose Determination of Need for Last Resort Housing Development of Replacement tlousing Plan Submission of Plan for Comment Determination by Displacing Public Entity of Feasibility and Compliance Implementation of the Replacement Housing Plan Itousing Production Jointly Sponsored. Development ~st Resort Housing In Lieu of Payments Conformity with the Act and Other Statutes, Policies ~nd Procedures Arhcle 5. Grievance Procedures Purpose Right of Review Notification to Complainant Stages of Review by a Public Entity Formal Review and Reconsideration by the Public Entity Refusals to Waive Time Limitation Extension .of Time Limits Recommendations by Third Party Review of Files by Claimant Effect of Determination on Other Persons Right to Counsel Stay of Displacement Pending Review Joint Complainants Judicial Review TITLE 2,5 ItOUSlNG AND COMMUNITY DEVELOPMENT PnOGIa~,MS (Register 'T/. No. 5,--1-29-77) Article 6. Acquisition Policies S~ction 6180. Purpose 6182. Acquisition ' 6184. Notice of Decision to Appraise 6186. Time of Offer 6188. Notice of Land Acquisition Procedures 6190. Notice of Public Entity's Decision Not to Acquire 6192. Incidental Expenses 6194. Short Term Rental 6195. Public Information 6196. Service of Notice 6198. Nonpossessory Interest Exception 632.1 TITLE ~5 Housl~G AND COMMUNITY DEVELOPMENT PROGRAMS (Regtdter 77. No. 8---2.19-T/) 633 · Article 1. General 6000. Order of Adoption. This subchapter (hereinafter referred to as the "Guidelines") is adopted pursuant to the provisions of Section 41135, Health and Safety Code, in order to implement, interpret and to make specific provisions of Division 7, commencing with Section 7260 of the Government Code (hereinafter referred to as the "Act"), relat- ing to relocation assistance, last resort housing and real property acqui- sition. NOTE: Authority cited for Chapter 6: Sections 41134, 41135 and 41226, ttealth and Safety Code. Reference: Section 7260 et seq., Government Code; 41134, 41135 and 41226, ttealth. and Safety Code. Histor):. 1. Amendment filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). For prior history, see Register 76, No. 44. 9.. Redesignation of Chapter 6 (Sections 6000-6198, not consecutive) to Chap- ter 6, Subchapter I (Sections C:KI(D-6198, not consecutive) filed 1-28-77 as procedural and Organizational; effective upon filing (Register 77, No. 5). 3. Amendment filed 1-28-77 as procedural and organizational; effective upon filing (Register 77, No. 5). 4. Certificate of Compliance as to filing of 11-5-76 filed 2-16-77 (Register 77, No. 8). 6002. Statement of Purpose 'and Policy. (a) The purpose of the Guidelines is to assist public entities in the development of regulations and procedures implementing the Act. (b) The Guidelines are designed to carry out the following policies of the Act: · (1) To ensure that uniform, fair and equitable treatment is afford- ed l?ersons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer disproportionate injury as a result of action taken for the bene- fit of the public as a whole; and (2) In the acquisition of real property by a public entity, to ensure consistent and fair treatment for owners of real property to be ac- quired, to encourage and expedite acquisition by agreement with owners of such property in order to avoid litigation and relieve con- gestion in courts, and to promote confidence in public land acquisi- tion. (c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replace- ment dwellings (see subsection 6008(c)) will be available within a reasonable period of time prior to displacement. (d) The Guidelines are intended to establish only minimum require- ments for relocation assistance and payments. They shall not be construed to limit any other authority or obligation xvhich a public entity may have to provide additional assistance and payments. (e) The Act and the Guidelines are intended for the benefit of dis- placed persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs desi~;ned tbr the benefit of the public as a whole. The Act, Guidelines ano all applicable regulations on which determinations are based shall be construed to effect this intent. 634 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~ter 77, No. 8--2-19-77) 600,1. Applicability and Supersedure. (a) (1) Except as other- wise noted in this section, the Guidelines are applicable to all dis- placement and acquisition occurring on or after their effective date, January 1, 1977. Apublic entity may determine that the Guidelines shall at an earlier date be applicable to its displacement hnd acquisi- tion. (2) With respect both to redevelopment activities undertaken pursuant to a plan or amendment adopted prior to January 1, 1976 and to the acquisition of real proper'ty located within the California coastal zone (as defined in Public Resources Code, Section 30103, Stats. 1976, c. 1330) for use as park lands or open space, the provisions of the Guidelines specifically relating to last resort housing shall not be effective until January 1, 1978. (b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. ti'he guidelines so superseded shall not apply to any displacement or acquisi- tion occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these Guidelines. The provisions of these Guidelines, however; shall not be construed retroactively to apply to action (s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obli~gations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. F(}r the purpose of this section the term "actiOn" shall include but is not iimited to: the provision of information, notice, other assistance, comparable replace- ment housing, payments and other benefits; th.e preparation of reloca- tion and last resort housing plans, including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the .acquisition of property for public use. History: 1. Amendment of subsection (b) filed 11-5-76 as an emergency; designated effective 11-27-76 (Rbgister 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). · 6006. Regulations. (a) Each public entity before undertaking or participating in activity which will result in the displacement of persons shall adopt rules and/'egulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines. (b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guide- lines. 6008. Definitions. The following terms shall mean: (a) Acquisition. Obtaining ownership or possession of property by lawful means. (b) Business. Any lawful activity, except a farm operation, con- ducted primarily: TITLE 25 REI,OCATION ASSISTANCE AND REAL 6,35 PROPERTY ACQUISITION GUIDELINES {Regi~t®r 76, No. (1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (2) For the sale of services to the public; (3) By a nonprofit organization; or (4) Solely for the purpose of a moving expense payment (see sec- tion 6090), for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal prop- erty, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. (c) Comparable Replacement Dwelling. A dwelling which satis- fies each of the following standards: (1) Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommo-" · date the displaced person. (2) In an area not subjected to unreasonable adverse environmen- tal conditions from either natural or manmade sources, and not gen- erally less desirable than the'acquired dwellin~ with respect to public utilities, public and commercial facilities ana neighborhood condi- tions, including schools and municipal services, and reasonably acces- sible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced p~rson objects. The Act and Guidelines do not require that the replacement dwell- ing be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environ- mental conditions, neither is a public entity required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighbor- hood. Whenever practicable the replacement dwelling shall be rea- sonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. (3) Available on the priw~te market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1958. (4) To the extent practicable and where consistent with para- graph (c) (i) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly con- structed housing. 636 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi.ter 76, No. 44.--10-30-76) (5) Within the IVinancial Means of the Displaced Person. A re- placement dwelling is within the financial means of a displaced per- son if the monthly housing cost (including payments for mortgage, insurance and property taxes) or rental cost (including utilities and other reasonable recurring expenses) minus any replacement hous- ing payment available to the person (as providedin sections 6102 and 6104) does not exceed twenty-five percent (25%) of the person's average monthly income (as defined in subsection 6008(1)). A re- placement dwelling is within the financial means of a displaced per- son also if the purchase price of. the dwelling including related increased interest costs andother reasonable expenses (as described in section 6102) does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replace- ment housing payment available to the person (as provided in section 6102). If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. (d) Decent, Safe and Sanitary. (1) Housing in sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local builcling, plumb- ing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards: (A) Each housekeeping unit shall include a kitchen with a fully usable .sink, a stove or connection for a stove, a separate and com- plete bathroom, hot and cold running water in both bathroom and Kitchen, an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes. (B) Each nonhousekeeping unit shall be in con£orriaance with state and local code standards for boarding houses; hotels and other dwellings for congregate living. (2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the ele- ments of that higher standard, which exceed the provision of para- graph (l) of this subsection, are incorporated herein. (e) Department. Department of Housing and Community De- velopment. (f) Displaced Person. Any person who moves from' real prop- erty, or x~:ho moves his personal property from real property, either as a resu. lt of the acquisition of such real property, in whole or in part, by a public entityor by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from a public entity to vacate the real property, for public use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisi- tiou'carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. TITLE 25 RELOCATION ASSISTANCE AND REAL 637 PROPERTY ACQUISITION GUIDELINES (Register 76, No. 44--10-a0~76} '(g) Dwelling. Thc place of permanent or customary and usual abode of a person, including a single-family dwelling, a single-family unit in a two-family dwelling, multi-family or multipurpose d~velling, a unit of a condominium or cooperative housing project, a nonhousekecp- ing unit, a mobilehome, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for' payment for moving and related expenses (as provided in section 6090). (h) Economic Rent. The amount of rant a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area. (i) Elderly Household. A household in which the head of household or spouse is 62 years or older. (j) Family. Two or more individuals who by blood, marriage, adoption, or mutual consent live together as a family unit. (k) 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 contrib- uting materially to the operator's support. (1) Gross Income. Gross income means the total annual income of an individual, or where a family is displaced total annual income of the parents or adult heads of household, less the following: (1) A deduction of $500 for each dependent in exce~s of three. (2) A deduction of ten percent (10%) of total income for an elder- ly or handicapped household. (3) A deduction for recurring, extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent of total income, where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery. (4) A deduction of reasonable amounts paid for the care of chil- dren or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deductedshall not exceed the amount of incozne received by the person thus released. Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for the determination of financial means. (m) Handicapped Household. A household in which any mem- ber is handicapped or disabled. (n) Initiation of Negotiations. The initial written offer made by the acquiring entity to the owner of real property to be purchased, or the owner's representative. 638 tloUSING AND COMMUNITY DEVELOPMENT TITLE 9.5 (Register 76, No. 44---10-30-76) (o) Mobile Ih)me. A structure, transportable in one or more sec- tion's, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heatitlg, air-condi- tioning, and electrical systems contained therein. A self-propelled vehi- cle is not a mobile home. (p) Mortgage. Such classes of liens as are commonly given to se- cure advances on, or the unpaid purchase price of, real property, to- gether with the credit instruments, if any, secured thereby. ' (g) Ownership. tlolding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: (1) A fee title. (2) A life estate. (3) A 50-year lease. (4) A lease with at least 20 years to run from the date of acquisition of the property. (5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. (6) A proprietary interest in a mobilehome. (7) A leasehold interest with ,dn option, to purchase. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of own- ership, but not occupancy, of the succeeding owner shall include the tenure of the preceding owner. (r) Person. Any individual, family, partnership, corporation, or association. (s) Public Entity. Includes the state, the Regents of th~ Univer- sity of California, a county, city, city and county, district, public author- ity, public agency, and any other political subdivision or public corporation in the state when acquiring real property, or any interest therein, or ordering that acquired property be vacated,.in any city or county for public use. (t) Public Use. A use for which property may be acquired by eminent domain. (u) Tenant. A person who rents or is otherwise in lawful I¢osses- sion of a dwelling, including a sleeping room, whiCh is owned oy an- other. 6010. Prior Determinations. (a) Displacement. No public en- tity may proceed with any phase of a project or other activity which will result in the displacement of any person, business or farm until it makes the following determinations: (1) Fair and reasonable relocation payments will be provided to eligible persons as required by Article 3 of the Guidelines. (2) A relocation assistance program offering the services de- scribed in Article 2 of the Guidelines will be established. TITLE 25 HOUSIN¢ AND COMMUNITY DEVELOPMENT 639 PROGRAMS (Regi~ter 77, No. 8--2.1~7'/) (3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance · procedures, provided for in these Guidelines. (e~s Based upon recent survey and analysis of both the housing ne of persons who will be displaced and available replacement housing and,considering co. mpeting demands for that housing, com- parable replacement dwellings will be available, or provi~ded, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who re- quire them.. (5) Adequate provisions have been made to provide orderly, time- ly, and efficient relocation of eligible persons to comparable replace- ment housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. · (6) A relocation plan meeting the requirements of section 6038 has been prepared. (b) Acquisition. No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable, (1) Adequate provisions'have been made to be guided by the provisions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent-benefits, policies and requiremer/ts of the Guidelines. History: 1. Amendment of subsection (b) filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 6012. Citizen Partieipati°n. (a) All persons Who will be dis- placed, neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. _ (b) When a substantial number of persons 'will be displaced from their dwellings the public entity shall encourage the residents and community organizations in .the displacement area to form a relocation committee. The committee shall include, when applicable, residential owner occupants, residential tenants, business p. eople, and members of existing organizations wil~hin the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing develop- ment pro,gram may substi(ute such process if it satisfies the require- ments of this section. If a substantial number of persons will not be displaced from their dwellings, the public entity shall at least consult with and obtain the advice of residents and community organizations and make the reloca- tion plan available to such persohs and organizations prior to submitting it to the legislative body for approval. (See section 6038.) · (c) At a minimum the displacing entity shall guarantee the follow- lng: 64O HOUSING AND C. OMMUNITY DEVELOPMENT TITLE 25 (Register 77, No. 8.--2-19-77) (1) Timely and full access to all documents relevant to the reloca- tion program. A public.entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law. The displacing entity shall ensure that the information in docu- ments the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not af- fect the right of the person to which the information relates (or any other person authorized in writing by such person) to inspect such documents. (2) The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. (3) The right to submit written or oral comments and objections, including the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or' the head of the state agency for approval. (4) Prompt, written response to any written objections or criti- cisms. 6014. Prerequisite to Displacement. No person shall be dis- placed until the public entity has fulfilled the obligations imposed by the Act and Guidelines. ' 6016. Remedies, (a) If the public entity has not fulfilled or is not substantially fulfilling itz relocation responsibilities, it shall cease displacement until such time as its responsibilities are fulfilled. When appropriate project implementation shall be suspended or terminated. (b) Eligible persons who move without offers of assistance and bene- fits, after the public entity was required to offer assistance of benefits, shall be provided such assistance and payments and, when appropriate, compensation fOr additional costs incurred. The displacing entity shall make every effort to identify and locate such persons. (e) A public entity may pay a complainant's attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a successful administrative appeal or judicial action. (d) The enmneration of remedies in this section is not intended to discourage or preclude the use of other remedies consistent with the intent of the Act and Guidelines. Rather a public entity is encouraged to consider and adopt other remedies. 6018. Priority of Federal Law. If a public entity undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as required by federal laxv, the provi- sions of the Act and Guidelines shall not apply; but if an obligation to provide relocation assistance and benefits is not imposed by federal law the provisions of the Act and Guidelines shall apply. TITLE 25 RELOCA+ION ASSISTANCE AND REAL 641 PROPERTY ACQUISITION GUIDELINES (Regist~r 76, No. 44--10-3(~76) · 6020. Severability. If any provision of thc Guidelines or the ap- plication thereof is held invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the invalid provision or application, and to this end the provi- sions of the Guidelines are severable. Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 6030. Purpose. The purpose of this part is to set forth require- ments with respect to the development andimplementation of a reloca- tion assistance advisory program for the provision of specified services and to prescribe the obligation of a public entity not to displace or cause the displacement of any person from his dwblling without adequate notice and unless comparable replacement housing is available. 6032. Relocation Assistance Advisory Program. Public entities shall develop and implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 19-68, the Unruh Civil Rights Act and th6 Rumford Act. Such program shall be administered so as to.provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that (a) all persons displaced'from their dwellings are relocated into housing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are assisted in reestablishing with a minimum of delay and loss of earnings. 6034. Eligibility. (a) Relocation assistance and benefits shall be available to: (1) Any person who occupies property from which he will be displaced. (2) Any person who will move from real property or will move his rerSonal property from real property, because he will be displaced om other real property on which he conducts a business or farm operation. (3) Any person who moves from real property as a result of its acquisition by a public entity whether the move is voluntary or in- voluntary. (4) Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a person is eligible if the property is subsequently acquired by the public entity; if it is not acquired, such a person, at the discretion of the public entity, may be declared eligible. (5) Any person who moves as the result of pending acquisition by a public entity either following receipt of a Notice of Intent to Dis- place (see section 6086) or as a result of inducement or encourage- ment by the public entity. 642 HOUSING. AND COMMUNITY DEVELOPMENT TITLE 25 (Register 76, No. ~ 1~30-76) (b) (1) Post-acquisition tenants, those who lawfully occupy prop- erty only after a public entity acquires it, are not eligible for assist- ance and benefits if, before occupying the property, they are informed by the i~ublic entity that the property has been acquired for a public use ano will be available as housing only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. When po~t-acquisition tenants are so in- formed they are not eligible even though they move as the result of a written order from the public entity~to vacate the real property. A public entity shall inform prospective tenants regarding the pro- jected date of displacement and, periodically, should inform post- acquisition tenants of any changes in this projection. Persons who become ~post-acquisition tenants after the effective date of the Guidelines, WhO are not so informed and who xnove as the result of a written order from the public entity to vacate are eligible for assistance and benefits, except where they are evicted in accord- ance with the provisions of section 6058. (2) When the displacement of a post-acquisition tenant causes a hardship for that person because of a critical housing shortage, age, handicap, infirmity, lack of financial means or other circumstance, the displacing entity may prOvide relocation assistance and benefits. In such hardship situations a pdblic entity is encouraged to provide assistance and payment for moving expenses. (3) Where a public entity, on property it owns, is making housing available on a permanent ~asis (i.e., not pending development), a prOSt-acquisition tenant who moves as the result of a written order om the ~.ublic entity to vacate is eligible for relocation assistance and benetits if the order to vacate is related to a plan to demolish or rehabilitate such units. Sale of such units to aprivate person estab- lishes eligibility without need for a written order to vacate. 6036. Rehabilitation, Demolition, Code Enforcement. If a public eritity undertakes a rehabilitation or demolition program or enforce- ment of building codes and as a result a person or business is displaced from privately 6wned property, the public entity may provide assist- ance and benefits, but it is not r4quired to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. 6038. Relocation Plan. (a) As soon as possible following the initiation of negotiations and prior to proceeding with any phase of a project or other activity that will resultin displacement a public entity shall prepare a Relocal~ion Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non-residential displacement, the requirements of this sec- tion need not be satisfied. TITLE 25 ltOUSlNG ANI~ COMMUNITY DEVELOPMENT 643 PROGRAMS (Regt~t®r 77, No. 5--1-29-T/) (b) A Relocation Plan' shall include the following: (1) A diagrammatic sketch of the project area. (2) Projected dates of displacement. (3) A written analysis of the aggregate relocation needs of all per- sons to be displaced (as required by section 6048) and a detailed explanation as to how these needs are to be met. (4) A written analysis of relocation housing resources (as required by section 6052). (5) A detailed description of the relocation advisory services pro- gram, including specific procedures for locating and referring eligi- ble persons to comparable replacement housing. - (6) A description of the relocation payments to be made (pursu- ant to Article 3) and a plan for disbursement. (7) A cost estimate for carrying out the plan and identification of the source of the necessary funds. (8) A detailed plan by which any last resort housing (as described in section 6054 and Article 4) is to be built and financed. (9) A standard information statement to be sent to all persons to be displaced (as required by section 6646). (10) Temporary relocation plans, if any. (11) A description of relocation office operation procedures'. (12) Plans for citizen participation. (13) An enumerati6n of the coordination activities undertaken (pursuant to section 6052). (14) The comments of the relocation committee, if any (pursuant to section 6012). (15) A written determination by the public entity that the neces- sary resources will be available as required. (c) A Plan prepared by a local Public entity shall be consistent with the local housing element (prepared lpursuant to California Administra- tive'Code, Title 25, Chapter 6, Subcnapter 3.) . (d) In the event of delay of implementation of the relocation pro- gram, the plan shall be updated annually. ' (e) (1) Copies of the plan shall be submitted for review to the reloca- tion committee and the department 30 days prior to submission to the local legislative body or head of state agency for approval. Copies shall be available to the public upon request. (2) General notice of the plan shall be provided. Notice shall be designed to reach the occupants of the r)roperty; it shall be in accord- ance with the provisions of paragraph 6046(a)(3) and subsecti.on 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval. History: 1. Amendment of subsection (c) filed 1-28-77 as procedural and organization- al; effective upon filing (Register 77, No. 5). 6040. Minimum Requirements of Relocation Assistance Advisory Program. (a) Each relocation assistance advisory program under- taken pursuant to this Article shall include, at a minimum, such meas- ures, facilities or services as may be necessary or appropriate in order to: 644 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~ter 77, No. 5--1-2~T/) (1) Fully inform eligible persons under this Article within 15 days following the initiation of negotiations for a parcel as to the availabili- ty of relocation benefits and assistance and the eligibility require- ments therefor, as well as the procedures for obtaining suc'h benefits and assistance, in accordance with the requirements of section 6046. (2) Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of sec- tion 6048. (3) Assure eligible persons that within a reasonable period of time prior to displacement there ',,:ill be available comparable replace- ment housing, meeting the criteria described in section 6008 (c), suffi- cient in number and kind for and available to such eligible persons. (4) Provide current and continuing information on the availabili- ty, prices, and rentals of comparable sales and rental housing, and of comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area. (5) Assist each eligible person to complete applications for pay- ments and benefits. (6) Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. · Only adequate inspection will insure that a particular unit meets this standard. If a displaced person occupies a unit to which he is referred by the public entity and the unit does not satisfy the compa- rable replacement dwelling standard, the public entity has not ful- filled its obligation to assist the displaced person to obtain such a dwelling.,Whenever this occurs the public.entity shall offer to locate such a d~s elling for the displaced person and to pay again all moving and related expenses. If the displaced persOn ch$oses not to ~move from the unit that he occupied following referral, the public entity shall not assert that he is ineligible to receive relocation assistance and benefits on the basis of'that unit's failure to satisfy the comparable replacement dwelling standard. (7) Assist each eligible person displaced from his b.usii._ss or farm operation in obtaining and becoming established in a suitable re- placement location. (8) Provide any services 'required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. (9) Supply to such eligible persons information concerning federal and statehousing programs, disaster loan and other programs admin- istered 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 reeom~nendedthat, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. TITLE 25 REI~OCATION ASSISTANCE AND REAL 645 PIIOPEaTY ACQUISITION CUIDELINES (Register 76, No. ~.; 10-3~76} (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 olrscction 5058. (b) Relocation Office. When a substantial number of persons will be displaced and tile relocation staffs office is not easily accessible to those persons, a displacing entity is encouraged to estabhsh at }exst one appropriately equipped site office which is accessible to all the area' residents who may be displaced and is staffed with trained or ex- perienced relocation personnel. Office hours should be scheduled to accommodate persons unable to visit the office during normal business hours. (e) Each displacing entity shall establish and maintain a formal .grievance procedure for use by displaced persons seeking administra- tive review of the entity's determinations. The procedure shall be in accordance with the requirements of Article 5. 6042. Replacement Housing Prior To Displacement; Notices To Displaced Persons. (a) No eligible person shall be rec~uired to move from his dwelling unless within a reasonable period of tlme prior to displacement comparable replacement dwellings (as defined in sub- section 6008(c)) or, in the case 'of a temporary move (as defined in section 6044), adequate replacement dwellings (as defined in subsec- tion (b) below) are available to such person. (b) The criteria for ad'equate replace~nent dwellings are in all re- spects identical to those for corn arable revlacement p ~ d~vellings, except that an adequate replacement dwelling, with respect to the number of rooms, habitable living space and type of construction, need be only adequate not comparable. (e) Reasonable Offer of Replacement Housing. The require- ments of this section shall be deemed to have been satisfied if a person is offered and refuses without justification reasonable choices of specifi- cally identified comparable replacement dwellings w'hieh fully satisfy the criteria set forth in the Guidelines. The offeri shall be in writing, in a language understood by the displaced person. The number of offers determined to be reasonable should be not less than three. (d) Notice. No eligible person occupying property shall be re- quired to move from a dwelling or to move a business or farm operation, without at least 90 days written notice from the public entity requiring the dist~laeements. Public entities shall notify each individual tenant to be dispmeed as well as each owner-oeeupan(. (These requirements are in addition to those contained in sections 6040 and 6046.) (e) Waiver. The requirement in subsection (a) above may be waived only when i~nmediate possession of real property is of crucial importance and by one of the following circumstances: (1) When displacement is necessitated by a major disaster as de- fined in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat. 143, 42 U.S.C. 5121). (2) During periods of declared national or state emergency. 646 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (R®gi~ter 76, No. ~.~. 10-30-76) 6044. Temporary Move. (a) General. (1) A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as defined in section 6042) but, when a project plan anticipates moves back into completed project accommodations, temporary relocation resources may be used, at the displaced person's electio, n for a limited period of time. (2) Temporary relocation does not diminish the responsibility of the pubic entity,, to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into comparable replacement dwellings. (b) Requirements. (1) Temporary replacement housing may not be relied upon if comparable replacement housing will not be avail- able to the displaced person within 12 months of the date of the temporary move. (2) Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that: (A) Comparable replacement housing will be made available at the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed l~ersons may agree to extend the 12 month limitation but, ' if they oo not, the pdblic entity shall ensure that comparable re- placement dwellings are available within the 12 month period. (B) Comparable relSlacement housing will be made available, on a priority basis, to the individual or family who has been tempo- rarily rehoused. (C) The move to temporary housing ~ill not affect a claimant's eligibility for a replacement housin~g payment nor deprive him of' the same choice of replacement h~ousing units that would have been made available had the temporary move not been made and the costs of a temporary move w ihnot be considered as all or a part of the relocation payments to which a displaced person is entitled. · (D) If a project plan anticipates moves back into replacement housing accommodations in t,he project or program area, the per- son who has been temporaril) displaced will be given priority op- portunity to obtain such housing accommodations. (E) The public entity will pay all costs in connection with the move to temporary housing, including increased housing costs. 6046. Informational Program· (a) Basic Requirements. The displacing entity shall establish and maintain an information program that provides fc~r the following: (1) Preparation and distribution of informational material as early as practicable, to each occupant' of the property. This material shal! be distributed within 15 days following the initiation of neg,o, tiations (see paragraph 6040(a) (1)) and not less-than 90 days in ad,~ance of displacement except fo'r those situations described in subsection 6042(e). W, here appropriate, separate informational staten'tents shall be prepar(d for residential and for non-residential occupants. TITLE 25 }Iouszr4c AND COMMUNITY DEVELOPMENT 647 PBOCRAMS (Regil~or ?7, No. 8---2-15.T7) (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent prac- ticable. (3) Utilizing meetings, newsletters, and other mechanisms, in- eluding local media available to all persons, for keeping occupants of the property informed on a continuing basis. The criterion for select- ing among various alternatives shall be the likelihood of actually communicating information to such persons. Legal publications, leg~.l ads in local newspapers of general circulation and similar mea~ns which may go unnoticed are deemed to be inadequate. (b) Language. Informational material should be prepared in the language (s) most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read, write, or understand English fluently, the native language of the people should be used and al{ informational material should be pro- vided in the native language (s) and English. (c) Method of Delivery. To assure receipt of the informational material, the local agency should arrange to have the material either hand-delivered to each occupant of the property with a request for a written receipt, or sent by certifiied mail, return receipt requested. (d) General and Specific Information. In addition to disseminat- ing general information of the type described in this section, the dis- placing entity shall also provide each person with individual, written notification as soon as his eligibiliW status has been established. (e) Content of Informational Statement. Attachment A identifies the kinds of information required to be included in statements dis- tributed to occupants of the property. The figure lists minimum re- quirements. The displacing entity should include any additional information that it believes would be helpful. (See Attachment A.) History: 1. Amendment of subsection (a) (1) filed 11-5-76 as an emergency; designat- ed effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 6048. Survey and Analysis of Relocation Needs. (a) (1) Re- quirement. Immediately following the initiation of negotiations interview all eligible persons, business concerns, including nonprofit organizations, and farm operations to obtain information upon which to plan for housing and other accommodations, as well as counseling and assistance needs. (2) Coordination with Other Agencies. Other agencies may also be conducting surveys in the area at the same time. Coordination will be necessary to avoid duplication and to ensure that necessary information is available at the appropriate time. Surveys utilized th gather data for social service referrals should be planned in coopera- tion with social service agencies and a referral system Should be established. (3) Information to Persons to Be Displaced. The local agency shall carefully exlvlain and discuss fully with each person interviewed the purpose of the survey and the nature and extent of relocation ayments and assistance that will be made available. All persons shall e advised and encouraged to visit the relocation office for informa- tion and assistance. 648 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Reoi~ter 77, No. (4) Relocation Records. Based on information obtained during the survey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the perti- nent characteristics of the persons to be displaced and the assistance deemed to be necessary. · (b) The survey shall be by direct, personal interview, except where repeated efforts indicate that is not possible. When a person cannot be interviewed or the interview does notproduce the information to be obtained reasonable efforts shall be made to obtain the information by other means. Eligible persons should be encouraged to bring any change in their needs to the attention of relocation officials. The survey shall be updated at least annually. (c) A public entity shall endeavor to obtain the following informa- tion: income; whether a person is elderly or handicapped; size of family; age of children; location of job and factors limiting accessibility; area of preferred relocation; type of unit preferred; ownership or ten'ant pref- erence; need for social and public services, special schools and other services; eligibility .for publicly assisted housing; and with reference to the present dwelling, the rent, the type and quality of construction, the number of rooms and bedrooms, the amount of habitable living space, and locational factors including among others public utilities, public and commercial facilities (including transportation and schools) and neighborhood conditions (including municipal services). Other mat- ters that concern a household as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. It shall be prepared in sufficient detail to enable determination of the availability for all potential displacees of housing which meets the standards set forth in the definition of comparable replacement hous- ing. The information concerning homeownership and rental units shall be provided separately. The number of units needed shall be identified by cost for each size category. The needs of elderly and handicapped households shall be sho~n separately and shall include information on the number of such households requiring special facilities and the na- ture of such facilities. The statement of relocation ho4sing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement hous- ing. Information shall be provided concerning proximity to present employment sources, medical and recreational facilities, p,qrks, commu- nity centers, shopping, transportation and schools. Information eon- eerning proximity to other relevant needs and amenities is essential to enstiring that no residents are incapacitated by the relocation and such information also should be provided. TITLE 25 RELOCATION ASSISTANCE AND REAL PROPEIrrY ACQUISITION GUIDELINES (Regi.ter 76, No. 44--1l~3~76) 649 6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accurately determined. Thepublic entity shall offer such persons all relocation assistance and benefits for which they otherwise qualify and, in addition, shall compensate such persons for all costs occasioned by the entity's failure to provide timely notice and offers of relocation assistance and benefits. 6052. Survey and Analysis of Available Relocation Resources. (a) (1) To enable a public entity reasonably to-determine that the requisite comparable replacement dwellings will be available, the public entity, within 15 days following the initiation of negotiations, shall initiate a survey and analysis of available comparable relocation resources. If a recent survey that provides the information identified in this section is not available, the public entity shall conduct a survey and analysis of the housing raarket. If a recent survey is available, But it does not reflect more recent, significant changes in housing market conditions, the survey shall be updated or it shall not be relied upon. (9.) When more than '25 households will be displaced, survey re- sults shall be submitted for revieTM to local housing, developmen~ and planning agencies and shall be compared to other existing informa- tion on housing availabil!ty. (3) The survey shall be updated at least annually. (b) The survey area shall be reasonably related to th.e displacement area and to the needs and preferences of the persons to be displaced, as indicated in the written analysis prepared pursuant to section C~45. The survey area shall have relevant characteristics (see subsection 6008 (c)) which equal or exceed those of the neighborhood from which persons are to be displaced. (c) A written analysis of relocation housing resources shall be pre- pared in sufficient detail to enable determination of the availability for all potential displacees of housing which meets the standards set forth in the definition of Comparable replacement housing. The information concerning homeownership and rental units shall be rovided separately. The number of units available shall be identified y c6st for each size category. Resources available to meet the needs of elderly and handicapped households shall be shown separately and shall include information on the number of units with special facilities and the nature of such facilities. The analysis of resources shall include a description of the locational characteristics of the survey area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be 'provided concerning proximity t,, present employment sources (with the consent of the displaced pe~ ~ a potential employer may be sub- stituted), medical and reereatio . 'aeilities, parks, community centers, shopping, transportation and sci ,is. Information concerning proxim- ity to other relevant needs and amenities is essential to ensuring that residents are not incapacitated by the relocation and such information should also be provided. 65O Itous~N(; ~ND COMMUNITY DEVEI~OPMENT TITLE 25 (Register 76, No. ~ (d) (1) Units which do not satisfy the standards of cmnparable re- placement housing, including the locational criteria, shall not be counted as a relocation resource. (2) Uncompleted new construction or rehabilitation shall not be included in the gross figure unless there is a substantial likelihood that the units will be available when needed and at housing or rental costs within the financial means of the prospective occupants. - (3) In addition to the other requirements of this section, the gross figure representing the number of units available shall be discounted to reflect both concurrent displacement and the extent to which turnover is represented. Concurrent displacement by the federal government and its agencies, including federally-assisted projects, as well as displacement by other public entities shall be taken into account. Turnover is the d~mamic operation by which occupancy dhanges occur within a standing inventory over a period of time and theoretically could occur in the complete absence of vacancies on a person to person basis. The use of turnover for relocation is not permissible. The displacing entity shall assume that four percent of the rental and one percent of the ownership units which meet the s_tandards of comparable replacement dwellings (see section 6008(c) ) represents turnover. The. displacing entity shall use a higher percentage figure if such figure is more accurate. The displaciPg entity may use a lower figure if it establishes that the lower figure is a more accurate assumption. (4) Publicly subsidized housing, including public housing, shall not be counted as a resource unless it reasonably can be established that: (A) The units will be available when needed; (B) The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assisthnce: and (C) The units have been inspected and determined to be de- cent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. (D) The number of units available in the community exceeds the number of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years. To establish that last resort housing will be developed as required the public entity must have site control with permissive zoning, preliminary plans and conditional commitments for sub- sidy and financing or the equivalent. The public entity also must identify ownership. (e) Uneomt?leted new construction or rehabilitation which is subsi- dized by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. 15054. Last Resort tlousing. (a) No eligible person shall be re- quired to move from his dwelling because of the action of a public entity unless comparable replacement housing is available to him. TITLE P5 RELOCATION ASSISTANCE AND REAL 651 PROPERTY ACQUISITION GUIDELINES (Regi~ter 76, No. 44--10-30-76) (b) If on the basis of its survey and analysis of relocation needs anti resources a public entity cannot determine that comparable replace- ment housing will be available.as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing. (See Article 4.) (c) If the action of a public entity has resulted or is resulting in displacement and comparable replacement housing is not available as needed, the public entity shall use its funds, or funds authorized for the project to provide such housing (see Article 4), or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. (d) Temporary relocation resources may be relied upon in the in- terim only if the provisions of section 6004 are satisfiedl 6056. Termination of Relocation Assistance. A public entity's relocation obligations cease under the following circumstances: (a) A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled. (b) The displaced person moves to substandard housing, refuses rea- sonable offers of addi'tionM assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he is entitled. (e) All reasonable efforts to trace a person have failed. To ensure that the action of a public entity does not reduce the housing supply in critical categories or locations, unsuccessful efforts to trace a particular displaced person shall not lessen the obligation to provide last resort housing. (See Article 4.) (d) The business concern or farm operation has received all assist- anee and payments to which it is entitled and has been .successfully relocated or has ceased or)erations. (e) A ~person displaced' from his dwelling, business or farm refuses reasonabte offers of assistance, payments and comparable replacement housing. 6058. Eviction. (a) Eviction is permissible only' as a last resort. It in no way affects the eligibility of evicted displaced persons for reloca- tion payments. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. (b) Eviction shall be undertaken only for one or more of the follow- ing reasons: (l) Failure to pay rent, except in those eases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services. (2) Performance of a dangerous, illegal act in the unit. (3) Material breach of the rental agreement and failure to correct breach within 30 days of notice. (4) Maintenance of a nuisance and failure to abate within a reason- able time following notice. (5) Refusal to accept one of a reasonable number of offers of re- placement dwellings. (6) The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. 652 HOUSINC AND COMMUNITY DEVELOPMENT TITLE 25 (Regi,,ter 76. No. 44---10-30.76) 6060. Evaluation of Relocation. (a) A public entity is en- couraged to evaluate its relocation program, assessing the quality' and quantity of services provided as well as displacee satisfaction, to deter- mine the adequacy of program planning and to ascertain w'hethcr any persons havebeen denied the tull benefits and services to which they are entitled. The evaluation should be based upon an annual or continu- 'al inspection of files and records, case interviews, and inspection of replacement housing and b6siness and farm replacement locations and discussions with local individuals or organizations fmniliar with reloca- tion issues. A written evaluation should be prepared at least annually. (b) The files and records of displaced persons and property oxwmrs should be selected at random. The review should include any cases that were identified by previous monitoring as requiring correr~tive action and should assess the public entity's progress in taking corrective ac- tion. Both relocation and acquisition activities should be covered by the review. (1) The relocation sample should include cases in which all pay- ments have been completed and cases in which the person has been displaced but'all payments have not yet been made. The samr~le should provide a basis for the reviewer to determine not ohiv whether payments were computed properly and made promptly, bu't. also whether displaced persons received proper notice of the full range of relocation assistance and services to which they are entitled. Priority attention should-be given to cases in which a grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. (2) The acquisition sample should be .based on cases in which settlement has been completed. However, if necessary to provide a representative sample of acquisition activities, the reviewer should include incomplete transactions in which negotiations have been ini- tiated. (e) After the records and files have been reviewed, the reviewer should select eases for further evaluation through personal interview's with disp!aeed persons and/or owners and the inspection of housing to which persons have moved. The interviews and housing inspections should serve both to spot cheek the accuracy of the information ob- tained in the examination of the records and files and give the reviewer a better perspective on the agency's performance. The number and type of cases for w'hich interviews and housing inspections are to be carried out should reflect the reviewer's judgment based on the information he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five cases for which the files and records have been reviewed. Only where the number of persons displaced is less than 25 should the number of inter- views and inspections be !ess than 10. In no case should the number of interviews and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types off, cases in the agency's workload: e.g., relocation cases involving families of various sizes as well as individuals and business'concerns (including both own- ers and tenants), and acquisition transactions involving residential, commercial and industrial properties. TITLE 25 RELOCATION ASSISTANCE AND REAL 653 PnOPEnTY ACQUISITION GUIDELINES (Regilter 76, No. '~'~ 1(~3~76) (d) In addition to the above, the following factors are among those which should be considered: (1) The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of 'notice and correctness of eligibility determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self-moves to substandard housing have been minimized. (4) The effectiveness of efforts to provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the making of pay- ments, including the amounts, delivery, and use of relocation pay- ments. (~i) The number and magnitude of rent increases following acqui- sition and displacement. (7) The effectiveness of methods used to resolve difficulties ex- perienced by site occupants. (8) The effectiveness of the public entity's grievance procedures. (9) The extent of resident'involvement in planning the relocation program. (10) The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minority-group concentration. (11) The effectiveness of relocation in. upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program, including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. (13) The impact on' those segments of the housing market serving · the income groups displaced. Article 3. Relocation Payments 6080. Purpose. The purpose of this Article is to set forth the types of, and specific eligibility criteria for, relocation payments to displaced persons. Basic eligibility conditions are set forth in section 6084. Specific conditions relating to particular payments are described in later sections. 6082. Relocation Payments by Public Entity. A public entity shall make relocation payments to or on behalf of eligible displace~l persons in accordance with and to the full extent permitted by this Article. The obligations described in this Article are in addition to those in Article 6. 6084. Basic Eligibility Conditions. A person establishes basic eli- gibility for relocation payments it' he satisfies the conditions described in section 6034. A person who moves from real property or who moves his personal property from real property because ne will be displaced from other real property on which he conducts a business or far~n operation, establishes eligibility on the basis of the move from such other property only for payments made pursuant to section 6090. 654 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~t®r 76, No. ~. 10-30-76) 6086. Notice of Intent to Displace. A public entity may issue a written Notice of Intent to Displace at any time after forming a reason- able expectation of acquiring real property. Such a notice, by establish- lng eligibility prior to acquisition, will enable a public entity'to respond to hardship 'and other situations. - 6088. Filing of Claims; Submission of Tax Returns. All claims filed with the public entity shall be submitted within eighteen months of the date on which the claimant receives final payment for the prop- erty or the date on which he moves, whichever is later. The displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be required to submit a copy of his tax returns in support of a claim for relocation payments. 6090. Actual Reasonable Moving Expenses. (a) General. A public entity shall make a payment to a displaced person who satisfies the pertinent eligibility requirements of section 6084 and the require- ments of this section, for actual reasonable expenses specified below and subject to the limitations set forth in subsection (c) of this section for moving himself, his family, business, farm operation or other person- al property. In all cases the amount of a payment shall not exceed the reasonable cost of accomplishing the activity in connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: Transportation of persons and pro err not to dis- (l) of 50 miles from the site from whic~ dis)placed, exceed a tance except where relocation beyond such distance of 50 miles is justified; (2) Packing, crating, unpacking and uncrating personal pro err ,; (3) Such storage of personal property, for a period general~ no~t to exceed 12 months, as determined by the public entity to be neces- sary in connection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or damaged (not through the fault or negligence of the displaced per- son, his agent, or employee) in the process of moving, where insur- ance covering such loss, theft or damage is not reasonably available. (6) The cost of disconnecting, disn~antling, removing, reassem- bling, reconnecting and reinstalling machinery, equipmeht or other personal property (including goods and inventory kept for sale) not acquiredby the public entity, including connection charges imposed by public utilities for starting utility service. (b) Actual Reasonable Moving Expenses~Displaced Business Con- cerns and Farm Operations. In addition to those compensable ex- penses set forth in subsection (a) of this section, a displaced business concern or farm operation may'file a claim for the following moving and related expenses: TITLE 25 RELOCATION' ASSISTANCE AND REAL PROPEFtTY ACQUISITION GUIDEI.INES (Register 76, No. ~--10-:30-76) C~5 (l) The cost, directly related to displacement and subject to the limitation imposed by paragraph (b)(2), of: (A) Any addition, improvement, alteration or other physical change in or to any structure or its premises in connection with the reassembling, reconnection or reinstallation of machinery, equip- ment or other personal property. A public entity, at its di'scretion, may compensate a displaced business or farm for any addition, improvement, alteration or other physical change otherwise re- oUired to render such structure, premises, or equipment suitable r the business or farm's use. (B) Modifying the machinery, equipment, or other personal property to adopt it to the replacement location or to utilities available at the replacement location or modifying the power sup- ply. (2) Claims for payment under this subsection shall be subject to the following limitations: (A) Reimbursable costs shall be reasonable in amount. (B) The cost shall be found by the public entity to be required by law or ordinance or to be otherwise necessary tc~ the reestablish- ment of the displaced business or farm. (C) The cost could not'be avoided or substantially reducect at an alternate available and suitable site to which the business was re- ferred. (D) The publi.e entity shall deduct, on the basis of a reasonable estimate, the amount, if any, realized by the displaced business concern as comtTensation for comparable additions, improvements, alterations or other physical changes to the structure and premises acquired, as l~art of the payment made for the acquisition of such structure and premises. (3) The cost of any license, permit or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location. (4) The reasonable cost of any professional services (includin~ but not limited to, architects'., attorneys' or engineers' fees, or cor~sult- ants' charges) necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. (5) Where an item of personal property which is used in connec- tion with any business or farm operation is not moved but is replaced with a eoml~arable item, reimbursement in an amount not to exceed (1) the replacement cost, minus any net proceeds received from its sale, or (2) the esti~nated cost of moving, whichever is less. (e) Advance Payments. A disp!aeed person may be paid for his anticipated moving expenses in adx ance of the actual move. A public entity shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and difficulties experienced by low and moder- ate income persons and small farm and business operations. (d) The specific provisions contained in this section are not intended to preclude a public entity's reliance upon other reasonable means of effecting a move, including contracting moves and arranging for assign- ment of moving expense payments by ctisplaccd persons. ,5~75059 656 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~ter 76, No. 44--t~0~76) (e) Self-moves. Without documentation of moving expenses ac- tually incurred, a displaced person electing to self-move may submit a claim for his moving expenses to the public entity in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. (f) Personal Property of Low Value and High Bulk--Business or Farm Operation. Where, in the judgment of the public entity, the cost of moving any item of personal property of low value and high bulk which is used in connection with any business or farm operation would be disproportionate in relation to its .value, the allowable reimburse- ment for the expense of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property on liquidation. This provision may in appro- priate situations be applied to claims involving the moving ofjunkyards, stockpiles, sand, gravel, minerals, metals and similar property. (g) Documentation in Support of a Claim. (1) General. Except in the case of a displaced person conducting a self-move as provided in subsection (e) above, a claim for apayment under this section shall be supported by a bill or other evidence of expenses incurred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the public entity, and the public entity may pay the mover directly. (2) Business and Farm Operations. Each claim in excess of $1,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical. If the public entity determines that compliance with the bid requirement is impractical or if estimates in an amount of less than $1,000 are obtained, a claim may be supported by estimates in lieu of bids. (h) Whenever a public entity must pay the actual cost of moving a displaced person the costs of such move shall be exempt from regula- tion by the Public Utilities Commission as provided by section 7262 (e) of the Act. The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. 6092. ,Actual Direct Losses of Tangible Personal Property. (a) General. A public entity shall make a payment to a displaced person who satisfies the eligibility requirements of section 60t30 and this section, for actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, in an amount determined by the public entity to be ill accordance with the provisions of this section. TITLE 25 HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (b) Determining Actual Direct Loss of'Property. Actual direct loss of property shall be determined on the basis of the lesser of the following: (1) The fair market value of the property for continued use at its location prior to displacement. (2) The estimated r.easonable costs of relocating the property. The public entity may require that the owner first make a bona fide effort to sell the property or it may permit the owner not to do so. The proceeds realized from any sale of all or part of the property shall be deducted from the determination of loss. In calculatingpayment under this section the reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals, certified prices, bills of sale, receipts, cancelled checks, copies of advertisements, offers to sell, auction records, and other records appropriate to support the claim or the public entity may agree as to the value of the property left in place. 6094. Actual Reasonable Expenses in Searching for a Replacement .Business or Farm. A' displaced person who satisfies the pertinent eligibility requirements of sedtion 6090 with respect to actual reason- able moving expenses, shall be eligible for a payment in an amount not to exceed $500, in searching for a replacement business or farm, includ- ing expenses incurred for: (a) Transportation; - (b) Meals and lodging away from home;. (c) Time spent in searching, based on the hourly wage rate of the salary or earnings of the displaced person or his representative, but not to exceed $10 per hour; and (d) Fees ]?aid to a real estate agent or broker to locate a replacement business or tarm. 6096. Moving Expenses--Outdoor Advertising Businesses. A dis- placed person who conducts a lawful activity primarily for assisting in thepurchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in-place'value, whichever is lesser. 6008. Alternate Payments--Individuals and Families. A person or family, who is displaced from a dwelling and is eligible for a payment for actual reasonable moving expenses under section 6090, may elect to receive and shall be paid, in lieu of such payment: (a) A moving expense allowance not to exceed $300 and determined in accordance with established Federal High~vay Administration schedules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. ttistor):' 1. Amendment of subsection (a) filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8~. 658 HOUSING AND COMMUNITY DEVELOPMENT TITI~E 25 (Regi~ter 77, No. 8--2-1~77) 6100. Alternate Payments--Businesses and Farm Operations. (a) General. (1) A person who is displaced from his place of business or farm operation and is eligible for payments under sections 6000, 6002, 6004, or 6006, and complies with the requirements of this section, may elect to receive and shall be paid, in lieu of such pay- ments, a pa)'ment equal to the average annual net earnings of the business or tarm operation (but not including a bvsiness as described in section 6006) as determined in accordance with subsection (b) below, except that such payment shall be not less than $2,500 nor more than $10,000. For purposes of this section, the dollar limitation specified in the preceding sentence shall apply to a single business, regardless of whether it is carried on under one or more legal entities. (9~) Loss of Goodwill. When payment under this section will precede settlement of a claim for compensation for loss of goodwill under the Eminent Domain La,v, the public entity before tendering payment shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Proce- dure, Sections 1965.510 et seq. (the Eminent Domain Law, Chapter 9, Article 6--"Compensation for Loss of Goodwill") will be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approxi- mates the payments for which the displaced person otherwise would be eligible under Sections'60~, 6009~, 6094, and 6096. Failure to pro- vide such written statement and explanation shall constitute a conclu- sive indication that no portion of the payment is considered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Proceclure referenced above. (b) Requirements~Businesses. Payment shall not be under this section unless the public entity determines that: (1) The business cannot be relocated without a subtantial loss of its existing patronage, based on a consideration of all pertinent cir- cumstances including such factors as the type of business conducted, the nature of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable relocation site; (2) The business is not part of a commercial enterprise having another establishment Which is not being acquired for a project and ~vhich is en~aged in the same or similar business. Whenever the sole remainin, g ~'acility of a business which has been displaced From its principal location: (A) Has been in operation for less than t~vo years; (B) Has had average annual gross receipts of less than $2,0(X) during the two taxable years prior to displacement of the major component of the business;, or TITLE 25 ttOUSING AND COMMUNITY DEVELOPMENT 659 PROGRAMS (Regi~ter 77, No. 8---2-19-77) (C) Has had average annual net earnings of less than $1,000 during the two taxable years prior to the displacement of the major component of th,e, business, the remaining facility will not be cbn- sidered another ' establishment" for purposes of this section; and (3) The displaced business: (A) Had average annual gross receipts of at least $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least $I,000 during the two taxable years prior to displacement; or (C) The displaced business contributed at least 331/~ percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prior to displacement is not representative of average receipts, earnings or income, it may make use of a more representative period. (c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: (1) The extent to which the same premises and equipment are shared. (2) The extent to wl~ich substantially identical or intimately inter- related business functions are pursued and business and financial affairs are commingled. (3) The extent to which' such entities are held out to the public, and to those customarily dealing with such entities, as one business. (4) The extent to which the same person or closely related persons own, control or manage the affairs of the entities. (d) Requirements--Farms. In the case of a farm operation, no payment shall be made under this section unless the public entity deter- mines that the farm met the definition of a farm operation prior to its acquisition. If the displacement is limited to only part of the farm operation, the operator will be considered to have been disp!aced from a farm operation if: the part taken met the definition of a farm opera- tion prior to the taking.and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a displace- ~nent. (e) Requirements--Nonprofit Organizations. In the case of a nonprofit organization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a sub- stantial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, persons, community, or clientele served or affected by the activities of the nonprofit organization); and (2) The nonprofit organization is not a part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. 660 tloUSING AND COMMUNITY-DEVELOPMENT TITLE 25 (R®gl~ter 77, No. 8--2-1~77) us(f)ed Net Earnings. The term "average annual net earnings" as in this section means cme-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the head of the public entity determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner" as used in this section includes the sole proprietor in a sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the public entity. For purposes of determining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit. (g) If a displaced person who conducts a business or farm operation elects to receive a fixed payment under this section, he shall provide proof of his earnings from the business or farm operation to the agency concerned. Proof of earnings may be established by income tax returns, financial statements and accounting records or similar evidence accept- able to the public entity. ttistory: I. Amendment of subsection (e) (5) filed 11-5-76 as an emergency; designat- ed effective 11-27-76 (Register 76, No. 44)i 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 6102. Beplaeement Housi'ng Payments for Homeowners. (a) General. A public entity shall make to a person who is dis- placed from a dwelling and who satisfies the pertinent eligibility re- quirements of section 6084 and the conditions of subsection (b) of this section, a payment not to exceed a combined total of $15,000. for: (1) The amount, if any, xvhich when added to the acquisition cost of the dwelling acquiredfor the Droject equals the reasonable cost, as determined in accordance with subsection (c), of a comparable replacement dwelling. This amount shall not eXceed the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling, except where a dis- placed person, in the circumstance described in paragraph 6108 (a) (1), is xvilling to use the extra money to improve the condition of the dwelling. (2) The amount, if any, to compensate the displaced person for any increased interest costs, as determined in accordance with sub- section (c), he is required to pay for financing the acquisition of a replacement &veiling. The payment shall not be madf unless the dwelling acquired by the public entity xvas encumbered by a bona fide mortgage which was a valid lien off the dwelling for not less than 180 days prior to the initiation of negotiations for acquisition of such dwelling. (This time requirement h~ay be modified in accordance with the provisions of subsection (b) below.) (3) Beasonable expenses, determined in accordance with subsec- tion (e) of this section, incurred by' the displaced person incident to the purchase of the replacement dwelling.. TITLE 25 RELOCATION ASSISTANCE AND REAL 661 PROPERTY ACQUISITION GUIDELINES (Regt~t®r 76, No. 44--10-30-76! · (4) In ficcordance with section 6106, the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary stand- ard. (b) Eligibility Conditions. (1) A displaced person is eligible for payment under this section if such person: (A) Is displaced from a dwelling that is acquired; (B) Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acquisi- tion; and (C) Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the public entity 'of all costs of the acquired dy, ellin$'or the date on which he moves from the-acquireddwelling, whichever is later. (2) If an owner satisfies all but the 180 day requirement and can establish to the satisfaction of the public entity that he bought the dwelling with the intention of making it his place of residence, that the move was not motivated 'by a desire to receive relocation, assist- ance and benefits, and that he neither knew nor should have known that public acquisition, was intended the public entity may reduce the requirement as necessary. (3) Where for reasons beyond the control of the displaced person completion of construction, rehabilitation, or relocation of a replace- ment dwelling is delayed beyond the date by which occupancy is required, the public entity shall determine the date of occupancy to be the date the displaced person enters into a contract for such construction, rehabilitation, or relocation or for the purchase, u~pon completion, of a dwelling to be constructed or rehabilitated, if, in tact, the displaced person occupies the replacement dwelling when the construction or rehabilitation is completed. (4) Where, for reasons of hardship or circumstances beyond the control of the displaced person, such person is unable to occupy the replacement dwelling by the required date, the :gublic entity may extend the deadline as necessary. If by the dead[ine the displaced person has contracted to purchase a replacement dwelling, the public entity should extend the deadline. (5) No person otherwise eligible for a payment under this section or under section 6104 shall be denied such eligibility as a result of his being unable, because of a major state or national disaster, to meet the occupancy requirements. (c) Computation of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replacement dwelling, the public entity concerned shall use one of the following methods: 662 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~t®r ~6, No. ~ 1. Comparative Method. On a case-by-case basis by deter- mining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three d~vellings shall be con- sidered. ' 2. Schedule Method. Where the public entity determines that the co~nparative method is not feasible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement d~vellings. If more than one entity is administering a project causing displacement in the area, it shall cooperate with the other entities in establishing a uniform sched- ule for the area. The schedule shall be based on a current analysis of the market to determine a reasonable cost for each type of dwelling to be purchased. In large urban areas this analysis may be confined to the sub-area from which persons are displaced or may cover Several different sub-areas, if they satisfy or exceed the criteria listed in subsection 6008(c). To assure the greatest com. ~oarability of dwellings in any analysis, the analysis shall be divic~ed into classifications of the type of construction, number of bedrooms, and price range~. 3. Alternative Method. Where the public entity deter- mines that neither the schedule, nor comparative method is fea- sible in a given situation, by the use of another reasonable method. (B) Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. (2) Interest Payments.' Interest payments shall be equal to the .discounted Eresent value of the difference between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisi- tion, and other debt service costs, and the aggregate interest paid on the mortgage on the replacerhent dwelling, and other debt service .costs. The term and amount of the mortgage on the replacement dwelling for purpeses of this paragraph shall be the lesser of the remaining term and amount of the mortgage on the acquired dwell- ing, or the actual term and amount of the mortgage on the replace- ment dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based on the cost required for a comparable dwelling, or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determina- tion of aggregate interest. In calculating the amount of corr~pensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. TITLE 25 REI.OCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES (R®gi~ter 76, No. 44--10-3~76) (3) Expenses Incident to the Purchase of the Replacement Dwell- ing. Payment under this section shall include the amount neces- sary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, including but not limited to the following: legal, closing, and related costs in- cluding title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal cost; FttA, VA or similar application fee; cost for certification of structural soundness; credit report charses; charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attribut- able to the purchase of a replacement dwelling. Such expenses shall be reasonable and legally required or customary in the community. Reimbursement shall notbe made under the provisions of this paragraph for any fee, cost, charge, or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth in Lending Act (Pub. L. 90-321), and Regulation Z issued pur- suant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of · interest payments. (d) Multi-family Dwe!ling. In the case of a displaced homeown- er who is required to move from a one-family unit of a multi-family building which he owns, the replacement housing payment shall be based on the cost of a comparable one-family unit in a multi-family building of approximately the same density' or if that is not available in a building of the next less density, or, if a comparable one-family unit in such a multi-family building is not available, the cost of an otherwise comparable single-family structure. (e) Owner Retention. (I) If a displaced homeowner elects to re- tain, move, and occupy his dwelling, the amount payable under this section is the difference between the acquisition price of the ac- t~ired property and the sum of the moving and restoration expenses, e cost of correcting decent, safe, and sanitary deficiencies, if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eli$ible. (2) The payment shall not exceed $15,000. 664 ttouslNG AND COMMUNITY DEVELOPMENT TITLE 25 (Register 75, No. ~. 10-30-75) (f) Provisional Payment Pending Conde~nnation. If the exact amount of a replacement housing payment cannot be determined be- cause of a pending condemnation suit, the public entity concerned may make a provisional replacement housing payment to the displaced homeowner equal to the difference between the public entity's max- imum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agree- ment that upon final adjudication of the condemnation suit the replace- ment housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court is greater than the maximum offer upon which the l~rovisional replacement housing payment is based, the difference will t)e refunded by the homeowner to the public entity. If the acquisi- tion price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based, the difference will be paid to the homeowner. ' I (g) Lease of Condominium. For the purposes of this section, the easin~ of a condominium for a 99-year period, or for a term which exceeos the life expectancy of the displaced person as determined by the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare, shall be deemed a purchase of the condomin- ium. 6104. Replacement Housing Payments for Tenants and Certain Oth- ers. (a) General. A public entity shall make to a displaced person who satisfies the eligibility requirements of section 6084 and the condi- tions of subsection (b) below, a Payment not to exceed $4,000 for either: (1) An amount, computed in accordance with paragraph (d) (i) of this section, necessary to enable such person to lease or rent a replace- ment dwelling for a period not to exceed 4 years; or (2) An amount, computed in accordance with paragraph (d) (2) of this section, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling (including incidental expenses described in section 6102). If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of $2,000 in making the downpayment. (b) Eligibility Conditions. A displaced person is eligible for the payments specified in subsection (a) if he satisfies the following condi- tions: (1) Hfs occupied the dwelling from which he is displaced for a period of not less than 90 days prior to the initiation of negotiation for acquisition of such dwelling. (2) Is not eligible to receive a replacement housing payment for homeowners under section 6102 or elects not to receive such pay- ment. Where the displaced /~erson is the owner-occupant of the dwelling, the payment made under paragraph 6104(a) (2) shall not exceed the amount of payment to which the person would be eligible under section 6102. TITLE 25 HOUSZ~G AN.D COMMUNZTV DEVELOPMENT 665 PROGRAMS (Register 77. No. 8--2-19-T/) d(3) Whenever a payment under subsection (a) (2) is sought the isplaced person shall within one year from the date of displacement purchase and occupy a replacement dwelling. (c) The provisions in subsection 6102(b) for modifying the condi- tions of eligibility also apply to this section. (d) Computation of Payment. (1) Rentals. The amount of payment necessary to lease or rent a comparable replacement dwelling, under subsection (a)(1), shall be computed by subtracting 48 times the base monthly rental of the displaced person (as determined in accordance with this subsection), from 48 times the monthly rental for a comparable replacement dwelling[ (as determined in accordance with this subsection): Pro- vided, that in no case may such amount exceed the difference between 48 times the base monthly rental as determined in accord- ance with this subsection and 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person. (A) Base Monthly Rental. The base monthly rental shall be the lesser of the average monthly rental paid by the displaced person for the 3-month period prior to initiation of negotiations and 25 percent 9f the disp. l.a.?ed person's average monthly income. (See subsection 6008(1).) .where the displaced r~erson was the owner of the dwelling from which he was displaced or was not required to pay rent for that dwelling, the economic rent (see subsection 6008(h)) shall be used in lieu of the average monthly rental to calculate base monthly rental. (B) Comparable Rental. The monthly rental for a compara- ble replacement dwelling shall be the amount of rent determined by the public entity by' one of the methods described in paragraph 6102(e) (1), considering rental charges instead of listing price or acquisition cost. (C) Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement dwell- ing. (2) Downpayment. The downpayment for which a payment specified under paragraph (a) (2) of this section may be made. to- gether with any matching share which may be required, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replacement dwelling where such purchase is fi- nanced, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. The full amount of a downpayment under this section shall be applied to the purchase of the replacement dwelling and shall be shown on the closing state- ment or other document acceptable to the public entity. (e) Rental Payments for Displaced Owners and Dependents. (1) Owners. A displaced owner who elects to rent rather than purchase a ret~lacement d~a elling and who meets the eligibility condi- .tions speeifiea in subsection (b) is eligible for the payment slbecified in paragraph (a) (1). 666 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 {Register 77, No. 8---2-1~77) (2) Dependents. A dependent who is residing separate and apart from the person or family providing support, whether such ',. separate residence is permanent or temporary, shall be entitled to payment under this section, but such payment shall be limited to the period during which the displaced dependent resides in the replace- ment dwelling. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes bf this paragraph a 'dependent' sLall be a person who derives fifty-one percent or more of his income in the form of gifts from any private person or any aCademic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent or more of their inco~ne is derived from sources other than gifts from another private person or academic scholarships or stipends. Dependents residing with the family of which they are a part shall not be entitled to any payment except as a part of the family. (f) DisburSement. Except where specifically provided otherwise, the public entity shall have the authority to disburse payments under this section in a lump sum, monthly or at other intervals acceptable to the displaced person. 6106. Proration of Payments. For the purpose of calculating an al(ernatepayment under section 6098 or a replacement housing pay- ment under section 6102 or 6104, two or more individuals (whether they are members of one fahaily or not) living together in and displaced from a single dwelling shall be regarded as one person. Where a tenant is sharing a single-family dwelling with an owner- occupant and paying the owner-occupant rbnt for the privilege, the tenant shall not be entitled to more than one-half of the rental supple- ment otherwise payable. The oxvner-occupant shall not be required to share the payment to which he is entitled or accept a prorated amount. History: 1. Amendment filed '11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 6108. Condition of Replacement Dwelling. (a) When a dis- . placed person quMifies for a.replacement housing payment (under section 6102 or 6104) by purchasing or renting a replacement dwelling, 'the unit, as a general rule, must be decent, safe and sanitary. There are three exceptions. One is described in paragraph 6040 (a) (6). The others are: (1) If the purchase of such a dwelling is the result of the public entity's failure to identify a reasonable number of comparable re- placement dwellings as required or if the dwelling is one to which the person was referred by the public entity, the condition of the dwell- ing does not affect eligibility for a replacement housing payment. TITLE 25 RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION C~0IDELINES (Register 76, No. 44---1030-76) (2) ,If the purchase of such a dwelling is not the result of a public entity s referral or failure to refer, the otherwise eligible person quali- fies for a replacement housing payment if thc unit is brought into compliance with the decent, safe and sanitary standard. In this situa- tion payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replace- ment dwelling or the sum of the actual costs of acquisition (including related expenses) and rehabilitation, whichever is less. (b) A public entity shall not induce or encourage a displaced person to acquire a dwelling which does not satisfy the comparable replace- ment housing standard. (See section 600~8(c). ) 6110. Certificate of Eligibility. Upon request by a displaced homeowner or tenant who has not yet purchased and occupieo a re- placement dwelling, but who is otherwise eligible for a replacement ousing payment, the public entity concerned shall certify to an.,,' inter- ested party, financial institution, or lending agency, that the dis~. laced homeowner or tenant will be eligible for the payment of a specitic sum if he purchases and occupies a dwelling within the time limits pre- scribed. 6112. Mobile Homes. (a) General. A mobile home is a dwell- lng. (See subsection 6008(g).) A person displace.d from a mobile ho,me must satisfy the same eligibility requirements and must be l~rovided t~e same assistance, assurance and payments as a person displaced from a conventional dwelling. (b) gloving Expenses. If a mobile home is moved to another site, the displaced person.shall be compensated for movipsexpenses in accordance with sections 60ca0 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons who move a mobile home. (c) Replacement Housing Payments. (1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replacement housing payment in ac?ord- ance with section 6102. A'person who owns a mobile home and site, and as a replacement rents both a dwelling and site, shall be provided a payment in accordance with section 6104. (2) A person who rents a mobile home and site, and as a replace- ment rents or, purchases a dwelling and site, shall be provided a payment in accordance with section 6104. (3) A person who owns a mobile home and site, and as a replace- ment purchases a dwelling and rents a site, shall be provided a pay- ment in accordance xvith sections 6102 and 6104. The payment shall be limited to the lesser of: (A) The amount necessary to purchase a conventional compara- ble replacement dwelling; and (B) The ,'unount necessary to purchase a replacement mobile home (in accordance with section 6102)-plus the amount necessary to rent a replace~nent site (in accordance with section 6104). In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental (as provided in paragraph 6104(d)(1)). HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Register '/6, No. 44---10.30-76) (4) A person who owns a site from which he moves a mobile home shall be provided a replace~nent housing payment under section 6102 if he [~urehases a replacement site and under section 6104 if he rents a replacement site. (5) A l~erson who owns a mobile home which is acquired and rents the site snail be provided payment as follows: (A) If a mobile home is not available the amount required to purchase a convehtional replacement dwelling (in accordance with section 6102); (B) The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to lease, rent or make a downpayment on a replacement site (in accordance with section 6104); or (C) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with section 6104. In cal- culating this payment, the average monthly irental shall equal the economic rent for the mobile home plus the actual rent for the site. (6) Similar principles shall be applied to other possible combina- tions of ownership and tenancy upon which a claim for payment might be based. 6114. Affected Property. (a) In addition to the payments re- quired by Section 7262 of the Act (see sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) Such affected property is immediately contiguous to proloertv acquired for airport purposes, and the owner shall have ownea thb property affected by acquisition by the public entity nOt less than 180 days prior to the initiation of negotiation for acquisition of the hequired property. (c) Such payment, not to exceed fifteen thousand dollars ($15,0~), shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused bv the acquisition b~, the public entity for airport purposes of other re~l pr,o~erty and a change in the use of such property. (u) The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regula- tions adopted by 'the public entity. Such rules and regulations shall limit payment under this section only to such circumstances in Which the decline in fair market value of affected property is reasonably related to objective' physical change in the use of acquired property. (e) "Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. TITLE 25 RELOCATION ASSISTANCE AND REAL 669 PROPERTY ACQUISITION GU'IDELINES (Regi~t®r ?6. No. 44---1(~3~76) Article 4. Last Resort Housing 6120. Pu~ose. The purpose of this part is to set forth the crite- ria and procedures for assuring that if the action of a public entity results, or will result in displacement, and' comparable replacement housing will not be available as needed, the public entity shall use its funds or funds authorized for the project to provide such housing. 6122. Determination of Need for Last Resort Housing. If on the basis of data derived from surveys and analyses which satisfy the re- quirements of sections 6048 and 6052, the public entity is unable to emonstrate that comparable replacement housing will be available as required, the head of the public entity shall determine whether to use the public entity's funds or the funds authorized for the project to provide such necessary replacement housing or to modify, suspend or terminate the project or undertaking. 6124. Development of Replacement Housing Plan. (a) General. (1) Following the determination pursuant to section 61'22, the head of the displacing public entity shall develop or cause to be developed a replacement housing plan to produce a sufficient number of compa- . rable replacement dwellings. The plan shall specify how, when and where the housing will be [~'rovided, how it will be financed and the amount of funds to be-diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as armror>riate, the suitability of the location and environmental impact o~t'he'proposed housing, the arrangements for maintaining rent lex'- els appropriate for the persons to be rehoused, and the disposition of proceeds from rental, sale, or resale of such housing. If a referendum requirement or zoning presents an obstacle, the issue shall be ad- dressed. (2) All contracts and subcontracts for the construction, rehabilita- tion or management of last resort housing shall be let without dis- crimination as to race, sex, marital status, color, religion, national origin, ancestry or other arbitrary circumstance and pursuant to an affirmative action program. The public entity shall encoura[e, partici- pation by minority persons in all levels of construction, rehar>ilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the public entity shall seek to secure significant participation of minori- ties in these activities. The public entity shall require that, to the greatest extent feasible, opportUnities for training and em!plovment arising in connection with the planning, construction, rehaoi!i}ation, and operation of last .resort housing be given to persons of low income residing in the area of such housing and shall determine and imple- ment means to secure the participation of small businesses in the performance of contracts for such work. 670 HOUSINC AND COMMUNITY DEVELOPMENT TITLE 25 (Register 76, No. 44--1~3~76) (b) Citizen Participation. (l) If the need for last resort housing exceeds 25 units, the head of the displacing public entity shall estab- lish a committee which xvill consult with and provide advice and assistance to the displacing public entity in the development of the plan. The committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regard- ing housing in the area, including but not limited to the local housing authority and the central relocation agency, if any. In addition, the committee should include representatives of other appropriate pub- lie groups (for eXample, localand areawide planning agencies) and private groups knowledgeable regarding housing and the problems of housing discrimination. (2) The committee shall include representatives of the residents to be displaced. These representatives may be appointed by the dis- placing entity or elected by the residents, ~s the i'esidents wish. Resi- dent representatives shall, at a minimum, constitute one-third of the committee membership. Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the committee membership. (3) The plan must be approved by the vote of a simple majority of the committee membership. In the event the committee fails to approve the plan, the local governing body or, where the displacing entity is a state agency, the head of the state agency may substitute its approval. (e) Consultation with Other Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organiza- tion having experience in the administration or conduct of housing programs to provide technical assistance and advice in the. develop- ment of the replacement housing plan. 6126. Submission of Plan for Comment. The head of the dis- placing public entity shall submit the plan and all significant amend- ments to the department and local housing and planning agencies for comment and to assure that the plan accurately reflects housing condi- tions and needs in the relocation area. Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their eom- ments. Copies of all comments received shall be forwarded to the com- mittee and available to ali interested persons. General notice of the plan shall be provided. Notice shall be designed to reach the residents of the relocation area; it shall be in accordance with the provisions ofparagraph 6046(a)(3) and subsection 6046(b); and it shall be provided30 days prior to submission to the committee, or the local governing body or head of state agency for approval. 6128. Determination by Displacing Public Entity of Feasibility and Compliance. Upon receipt and consideration of the comments, the displacing public entity shall determine whether or not: (a)-The plan is feasible. (b) The plan complies with applicable environmental standards and procedures. TITLE 25 RELOCATI~)N ASSISTANCE AND REAL 67! PBOPEBTY ACQUISITION (3UIDELINES (Regi~t®r 76, No. 44--.I0-30-76) (c) The plan is compatible with the local general plan and housing element and the areawide housing plan or strategy. If any of the above determinations by the displacing public entity is negative the displacing public entity shall revise the plan as necessary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary for timely implemen- tation of the plan or execution of the project, the head of the _clisplacing public entity may shorten the time allowed in section 6126 for review of modifications. 6130. Implementation of the Replacement Housing Plan. Upon making the determinations required by section 6128, the head of the displacing entity may expend funds and take such other actions as necessary to provide, rehabilitate, or construct replacement housing pursuant to the approved replacement housing plan through methods including but not limited to the following: (a) Transfer of funds to state and local housing agencies. (b) Contract with organizations experienced in the development of housing. (c) Direct construction by displacingpublic entity. Whenever practicable, the headof the displacing public entity should utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs. 6132. Housing Production. The head of the displacing public entity shall monitor the production of the last resort housing to ensure that it is in accordance with the plan. 6134. Jointly Sponsored Development. Where seve~'al agencies are administering programs resulting in residental dis, placement, op- portunities shall be sought for joint development and financing to ag- gregate resources in order most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. 6136. Last Resort Housing In Lieu of Payments. A public entity shall not require a displaced person to accept a dwelling provided pursuant to this Article in lieu of the displaced person's acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. 6138. Conformity with the Act and Other Statutes, Policies and Procedures. (a) Civil Rights and Other Acts. The administration of this Article shall be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq.), the Rumford Act (Health and Safety Code, Section 35700 et seq.), Section 1 of the Civil Rights Act of 1866 t~12 U.S.C. 1982), Title VI of the Civil Rights Act of 1°o64, Title VIII of e Civil Rights Act of 1968, the Environ~ental Quality Act of 1970 (Public Resources Code, Section 21100 et seq.) and regulations issued pursuant thereto. 672 HOUSING AND CoMMUNiTY DEVELOPMENT TITLE 25 · ~ . (Register 76, No. 47. 10-30~761 (b) Dwelling and Relocation Standards. Determinations made pursuant to section 6122 and any plan developed and implemented for providin~replacement housing and all such housing provided thereun- der shalloe in conformity with the standards established in the Act and Guidelines. Article 5.. Grievance Procedures , 6150. Purpose. The pu'rpo~se of this article is to set forth guide- lines for processing appeals from public entity determinations as to eligibility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to compara' t~le permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. 6152. Right of Review. (a) Any complainant, that is any person who believes himself aggrieved by 'a'determination as to eligibility, the amount of payment, the failure of the public entity to provide compara- ble permanent Or adequate temporary replacement housing or the ~3ub[ic entity's property management practices may, at his election, nave his claim reviewed and reconsidered by the head of the public entity or an authorized designee .(other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsideration. (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the l~ublic entity' is acting in compliance with its relocation plan. Review unoertaken by the department under this section mav be informal or may follow the procedures outlined in Government Cbde, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to con- strain disputes betwe~eParties' Failure to petition department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been eStablished pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. · 6154. Notification to Complainant. If the public entity denies or refuses to consider a claim, the public entitv's notification to the com- plainant of its determination shall inform th~ complainant of its reasons and the applicable procedures for obtaining revibw of the decision. If necessary, such notification shall be printe~ in a language other than English in accordance with section 6046. / TITLE 25 RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION GUIDELINES (Regl~t®r ?~, No. ~A.--10-3~7~) 673 6156. Stages of Review by a Public Entity. (a) Request for Fur- ther Written Information. A complainant may request the public entity to provide him with a full written explanation of its determina- tion and the basis therefore, if he feels that the explanation accompany- lng the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an expla- nation to the complainant within three weeks of its receipt of his re- quest. (b) Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal revie~v and reconsid- eration. A request for an informal oral presentation shall be filed within the period described in subsection (d) of this section, and within I5 days of the request the public entity shall afford the complainant the oppor- tunity to make such presentation. The complainant may be represented by an attorney or other person 'of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters .discussed in the oral presentation to be included as part of its file. The right to formal review and r~consideration shall not be conditioned upon requesting an oral-presentation. (c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review an'd reconsideration. The com- plainant may include in the request for review any statement of fact within the complainant's .knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant's request should be granted. eit/Cd-nee Time Limit for Requesting Review. A complainant desiring an informal oral presentation or seeking a formal revie~v and reconsidera~sticn shall make'a request to the public entity within eight- een months following the date he moves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Entity. (a) General. The public entity shall consider the request for re- view and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initi,xl determination or the determination of a previous oral presenta.tion. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represent- ed by an attorney, to present his ease by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. 674 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Re01~ter 76, No. ~.~. (b) Scope of Review. The public entity shall review and recon- sider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original determination ineludingall applicable rules and regulations, except that no evidence shallbe relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. (2) The reasons given by the claimant for requesting review and reconsideration of the claim. (3) Any additional written or relevant documentary material sub- mitted by the claimant. (4) Any further information which the public entity in its discre- tion, obtains by request, investigation, or research, to ensure fair and full review of the claim. (e) Determination on Review by Public Entity. (1) The deter- mination on review by the public entity shall include, but is not limited to: (A) The public entity's decision on reconsideration of the claim. (B) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further adminis- trative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2) The determination shall be in writing with a copy provided to the elailnant. (d) Time Limits. (1) The public entity shall issue its determina- tion of review as soon as possible but no later than 6 weeks from receipt of the last material submitted for consideration by the claim- ant or the date of the hearing, whichever is later. (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the elaixn, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks &om receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. 61~. Refusals to Waive Time Limitation. Whenever a public entity rejects a request by a claimant for a waiver of the time limits · provided in section ~, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within ~ days of the claimant's receipt of the public entity's determination. 6162. Extension of Time Limits. The time limits specified in section 6156 may be extended for good cause by the public entity. TITLE 25 RELOCATION ASSISTANCE AND REAL 675 PROPEI1TY ACQUISITION GI~IDELINES (R®gl~t®r ~$, No. 6164. Recommendations by Third Party. Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisor), recommenda- tions thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provisions of this Article. 6166. Review of Files by Claimant. Except to the extent the confidentiality of material is protected by law or its disclosure is prohib- ited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. 6168. Effect of Determination on Other Persons. The principles established in' all determinations by a public entity shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review. 6170. Right to Counsel. Any aggrieved party has a right to rep- resentation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections. 6172. Stay of Displacement Pending' Review. If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after it has made a determi- nation and the compl.ainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. 6174. Joint Complainants. Where more than one person is a~- grieved by the failure of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complain- ants may join in filing a single written reouest for review. A determina- tion shall be made by the public entity tor each of the complainants. 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claix~ upon exhaustion of such administrative remedies as are available under this Article. Article 6. Acquisition Policies 6180. Purpose. The purpose of-this Article is to set forth the practices to be follo~ved with respect to acquisition of real property by a public entity. Public entities shall, to the greatest extent practicable, be guided by these practices. 6182. Acquisition. (a)~A public entity shall make every reason- able effort to acquire propertyby negotiation and to do so expeditious- ly. 676 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Register 7~, No. ~.~. 10-30-76) (b) Before negotiations are initiated (see subsection 6008(n) ) a pub- lic.entity shall: (1) Itave the property appraised, giving the owner or his repre- sentative designated in writing an opportunity, by reasonable ad- vance written notice, to accompany the appraiser during the inspection of the property; (2) If the owner of real property is also the owner of a business conducted on the real property to be acquired or on the remainder, inform him of his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq.!,~ (3) Establish, n amount it believes to b~just compensation for the property, which amount shall, in no event, be less than the pnblic entity's approved appraisal of the fair market value of the property as improved. (c) The determination of just compensation shall be based upon consideration of: (1) The real property being acquired; (2) Where the real property acquired is part of a larger parcel, the injury, if any, to the remainder; and (3) Loss of goodwill, where the owner of the real property is also the owner of a business conducted upon the property to be aSquired or on the remainder and' where the provisions of the Eminent Do- main Law pertaining to compensation for loss of goodwill are satis- fied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of bid or acquisition of new patronage. (d) As soon as possible .alter the amount of just &ompensation is established, the public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the basis for determination of just compensation. The statement shall include the following: (1) A general statemen[ of the public use for which the property is to be acquired. (2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the interest to be acquired. (3) An inventory identifying the buildings, structures, fixtures, and other improveh~ents. (4) A recital of the amount of the offer and a statement that such amount: (A) Is the full amount believed by the public entity to be just compensation for the property taken; (B) Is not less. than the approved appraisal of the fair market value of the property as improved; TITLE 25 RELOCATION ASSISTANCE AND REAL 677 PROPERTY ACQUISITION (~UIDELINES (R~gi~ter 76, No.~" 10~0~76} (C) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for ~vhich the property is to be acquirecf for such public improvement, other than that due to physical deterioration witl~in the reasonable control of the owner or occupant; and (D) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits xvhich the owner is entitled to receive under an agreement with the public entity, except for an amount to compensate the owner for that portion of loss of goodwill provided .in accordance with Section 6100. (5) If the real property is a portion of a larger parcel, the statement shall include an ~pportionment of the total estimated just compensa- tion for the partial acquisition between the value of the pro])erty being taken and the amount of damage, if any, to the remainaer of the larger parcel from which such property is taken. (6) If the owner of the real property to be acquired is also the owner of a business conducted u~on the property or the remainder, the statement shall include an indication of the amount of compensa- tion for loss of goodwill. (e) At the initiation of. negotiations (see subsection 6008(n) ) a public entity shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his possible. right to compensation for loss of goodwill. The public entity should include a copy of the pertineut provisions of the Eminent Domain Law (Code of Civil Procedure, Section 1230.010 et s.e~q.).. · . (f) (1) If after receiving the public entity's oiler.the o_wner requests additional information regarding the determination otjust compen- sation, the public entity shall provide the following information to the extent that the determination of just compensation is based thereon: (A) The date of valuation used. (B) The highest and best use of the property. (C) The applicable zoning. (D) Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value. (E) If the property is a portion of a larger parcel; a description of.the larger parcel, with sufficient detail for reasonable identifica- tion. (2) With respect to each sale, contract, or lease provided in accord- ance with (1) (D) above, the following data should be provided: (A) The names and business or residence addresses, if known, of the parties to the transe, ction. (B) The location of the property subject to the transaction. (C) The date of transaction. 678 tlOUSlNG AND COMMUNITY DEVEI.OPMENT TITLE 2.5 (Ro{lister 76, No. 44--10-30-76} (D) The price and other significant terms and circumstances of the transaction, if kno~.vn. In lieu of stating the other terms and circumstances, the public entity may, if the document is available for inspection, state the place where and the times when it is available for inspection. (3) The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced. pu~,~)~,, Whenever a part of a parcel of property is to be acquired by a ic entity for public use and the remaixmer, or a portion of l~he remainder, will be left in such size, shape or condition as to constitute an uneconomic remnant the public entity shall offer to acquire the remnant if the owner so desires. I-eot the purposes of these Guidelines an "uneconomic remnant" shall be a parcel of real property in which the owner retains an interest after partial acquisition of his property and which has little or no utili[y or value to such owner. (Nothing in this subsection is intended to limit a public'entity's authority to acquire real property.) (h) Nothing in this section shall be construed to deprive a tenant of the right to obtain payment for his property interest as otherwise pro- vided by law. (i) (1) Prior to commencement bf an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the oxvner's real property. The owner shall be given a reasonable opportunity to present material which he be- lieves to be relevant as to the question of value and to suggest modifi- cation in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presentation. (9.) Prior to commencement of an eminent domain proceeding, if the evidence presented by an owner or a material change in the character or condition of the property' indicates the need for a nexv appraisal or if a significant delay has occurred since the determina- tion of just compensation, the public entity shall have its appraisal updated. If a modification in the public entity's determination of lust compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the o~vner. 0) (1) In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation on the deposit of funds in court for the use of the owner, or take any other action coercive or misleading in nature, in order to compel or induce an agreement on the price to be paid for the property. (~) If any interest in property is to be acquired by' exercise of the }~oOWer of eminent domain, the public entity shall promptly institut.e rmal condenmation proeeedil~gs. No public entity' shallintentional- ly make it necessary tor an o~ner to institute legal proceedings to prove the fact of the taking of this real property. TITLE 25 ItousING AND-COMMUNITY DEVELOPMENT 679 PROGRAMS (Regl~t®~ 77, No. 8---2.19-77) 6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that: (a) A specific area is being considered for a particular public use; (b) The owner's property has been determined to be located within the area; and (c) The owner's property, which shall be generally described, may be acquired in connection with the public use. 6186. Time of Offer. The public entity shall make its first writ- ten offer as soon as practicable follo~4ng service of the Notice of Deci- sion to Appraise. (See section 6184.) 6188. Notice of Land Acquisition Procedures. (a) At the time the public entity notifies an owner of its decision to apt~raise real Drop- erty it shMl furnish the owner a ~vritten explanation ott its land acquisi- tion procedures, describing in non-technical, understandable term~ the public entity's acquisition procedures and the principal fights and op- tions available to the owner. (b) The notice shall include the following: (1) A description of the basic objective of the public entity's land acquisition program and a reference to the availabiliw of the public entity's statement covering relocation benefits for which an owner- occupant may be eli~ble; (2) A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each apprais- er during his inspection of the property. (3) A statement that if the acquisition of any part of real property would leave the owner with an uneconomic remnant as defined in subsection 6182 (g) the public entity will offer to acquire the uneco- nomic remnant; if the owner so desires; (4) A statement that if the ovmer is not satisfied with the public entity's offer of just compensation he will be given a reasonable op- port-unity to present relevant material, which the public entity will carefully consider, and that if a voluntary agreement cannbt be reachedthe public entity, as soon as possible, will either institute a formal condemnation proceeding against the property or abandon/ts intention to acquire the properW, giving notice of the latter as pro- vided in section 6190. (5) A statement that construction or develovment of a project shall be so scheduled that no person lawfully occttpying real property shall be required to move from a d~velling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farm operation without at least 90 days written notice from the public entity of the date bv which the move is required; and (6) A statement that, if arrange/nents are made to rent the prop- erty to an owner or his tenant for a short term or for a period subject to termination by the public entity on short notice, the rental will not exceed the lesser of the fair rental value of the property to short term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rentM for the dwelling shall be within his financial means. (See subsection c~OS(c).) 680 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 {Regi~ter 7~, No. ~---2.1~-7~} 6190. Notice of Public Entity's Decision Not to Acquire. When- ever a public entity which has forwarded a Notice of Decision to Ap- praise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision not to acquire. 6192. Incidental Expenses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident to transfer. Among the expenses requiring payment are: recording fees, transfer fees and similar expenses incident to the conveyance of real property, and the l?ro rata portion of charges for public service such as water, sewage and trash collection which are allowable to a period subsequent to the date of transfer, of title to the public entity or the effective date of possession of such property by the public entity, which- ever is earlier. The public entity shall inform the owner that he may apply for a rebate of the pro rata portion of any real property taxes paid. History: 1. Amendment filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance .filed 2-16-77 (Register 77, No. 8). 6194. Short Term Rental. (a) If the public permits an owner or tenant to occupy the real porperty acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008 (c).) (b) A post-acquisition t&nant who occupies realproperty acquired on a rental basis for a short term and who is informedthat the property has been acquired for a public use shall be given not less than 30 days notice of termination of the tenancy. H/story: 1. Amendment of subsectign (b) filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44). 2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8). 6195. Public Information. The purchase price and other consid- eration paid by the public entity is public information and shall be made available upon request. 6196. Service of Notice. Service of all notices required by this article shall be made either by first class mail or by personal service upon the person to be notified. 6198. Nonpossessory Interest Exception. The provisions of 6182(b), (c), (d) (4), and (f) and 6188 shall not apply to the acquisition of any easement, right-of-way, covenant or other non-possessory inter- est in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair or replacement of sub-surface sewers, waterlines or appurtenance, drains, septic tanks, · or storm water drains. ,~75569--250 3-77 2,675 LDT TITLE 25 ttousiNc AND COMMUNITY DEVELOPMENT PROGRAMS (Reglit®~ 77, No. &--1.29-77) 681 Attachment A Minimum Content~ of Informational Statement(.) For Distribution To Businex~ Displaced Concerns Item To Be IncIuded Persons and Others I. General description of the nature and types of activities that X X will be undertaken, including an identification of areas which may involve displacement. A diagrammatic sketch of the project area should be attached. 2. Statement that public action may result in displacement but X X that no one lawfully occupying property will be required to surrender possession without at least 90 days' written notice from the public entity and no one wi!l be required to move until 90 days after the provision of information. 3. Assurance that families and individuals will not be required to X move before reasonable offers of decent, safe, sanitary and otherwise comparable housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accordance with section 6~58.) 4. General description of types of relocation payments available, X X including general eligibility criteria and a caution against pre- mature moves that might result in loss of eligibility for a pay- ment. 5. Identification of the agency's relocation program and a de- X X seription of the relocation services and aids that will be avail- able. 6. Encouragement to visit the agency's relocation office and X X cooperate with the staff. The address, telephone number, and hours of the relocation office should be specified. 7. Information on replacement housing, including: a. Brief description of what constitutes comparable replace- X ment housing, including physical standards. b. Laymen's description of Federal fair housing law (Title X VIII of Civil Rights Act of 1968), and applicable State and local fair housing laws, as well as rights under Title IV of the Civil Rights Act of 1964. e. Statement that the public entity (or its agent) will identify X comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of com- plaints of discrimination to the appropriate Federal, State or local fair housing enforcement agency. d. Statement that persons may seek their own housing accom- X modations and urging them, if they do so, to notify the relocation office prior to making a commitment to pur- chase or occupy the property. 8. Statement that the public entity will provide maximum assist- X ante in locating relocation accommodations, including consul- tation with the Small Business Administration and other governmental agencies which might be of assistance. 682 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25 (Regi~ter 77. No. 5--1-29-77} Attachment A Minimum Contenta of Informational Statement(s) For Distributio~ To Business Displ;iced Concerns Item To Be Included Persons and Others 9. Statement describing requirement for prio/' notification to X the agency olr the business concern's intention to move. 10. Summary of the local agency's eviction policy, which shall be X X in accordance with the provisions of section 6058. 11. Statement describing the agency's grievance procedure, its X X purpose, and how it may be used, which procedure shall be in accordance with the provisions o£ Article 5.