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ARA1993-27
RESOLUTION NO. ARA93-27 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND ADOPTING RELOCATION ASSISTANCE GUIDELINES FOR THE BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a public body, corporate and politic, existing pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) which has been authorized to transact business and exercise thc powers of a redevelopment agency pursuant to action of the City Council of the City of Anaheim (the "City"); and WHEREAS, the Agency has initiated proceedin~ for the consideration of the adoption of an ordinance approving a proposed Redevelopment Plan (the "Plan") for th~ Brookhurst Commercial Corridor Redevelopment Project (the "Project"); and ' WHEREAS, the Agency, pursuant to Section 33411 and 33352 of the Health and Safety Code, desires to approve relocation guidelines for the Project; and WHEREAS, Assembly Bill 324 (Chapter 828, Statutes 1989) amending the State Relocation Assistance Law (Government Code 7260 et seq.) was passed by the legislature and signed by the Governor on September 25, 1989; and WHEREAS, the changes made in State Relocation Assistance Law by Assembly Bill 324 became effective January 1, 1990; and WHEREAS, the California RD, ep~ent of Housing and Community Development was to amend the California Relocation Assistance and cai t'roperty Acquisition Guidelines sometime during 1992, but has as yet not done so. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: 1. The Rules and Regulations for Implementation of the California Uniform Relocation Assistance Law, as set forth in Exhibit A (the "Anaheim Redevelopm6nt Agency Relocation Guidelines"), which are attached hereto and incorporated herein by reference, are hereby approved and adopted as the Relocation Guidelines for the Project (as presently existing and as may hereafter be amended), with and subject to the following: (a) Any reference to "public entity" shall be deemed to be a reference to the Agency unless the context requires otherwise. In accordance with Section 6032 of the Guidelines, the Agency shall provide relocation advisory assistance. Such assistance shall be provided in accordance with the specific relocation plan prepared in connection with specific development projects that will result in displacement pursuant to Section 6038 of the Guidelines. The relocation advisory assistance shall be provided in aem~rdance with the provisions of Article 2 of the Guidelines. I 11993/ac (c) (d) Any informal presentation request made pursuant to Section 6156(b) of the Guidelines shall be made to the Director of Community Development or her designee. In the event formal review and reconsideration is requested pursuant to Section 6158 of the Guidelines, the review shall be conducted by the Director of Community -1- Development or her desisnee. Unless a written appeal is filed, all determinations of the Director of Community Development or her designee shall be final ten (10) days ~om the dote notice of such determination is delivered ia person to the complainant or fifi;een (15) days from the date the notice is placed in the U.S. mail addressed to the complainant at the address set forth on the con~laint. All appeals shall be made in writing to the Agency (or, if a separate relocation appeals board ~ been established, to the relocation appeals board). In the event a sepmate relocation appeals board is establis~h~ it shall proceed with respect to any appeal in the manner and within the time set forth in Section 6158 of the Guidelines and this subsection (d). Appeals from the decision of the relocation appeals board shall be made to the Agency within the time and in the manner herein provided. (e) (0 No persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displac~ person or family at rents compambl~ to those at the time of their displacement. The Agency shall retain thc fight to provide relocation assistance to the fullest extent legally allowable, notwithstanding the designation of' specific amounts in certain sections of the Guidelines. The Guidelines shall incorporate and conform in all respects with the amendments and revisions to the State Relocation Law (Government Code Sections 7260 et seq.) as such amendment and revisions are set forth in Assembly Bill 324 (Chapter 828, Statutes 1989) which is attached hereto as Exhibit B, and incorporated herein by reference. ADOPTED this. 30th day of November, 1993. ATTEST: Secretary, Anaheim Redevelopment Agency Anaheim Redexelopment Agency -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA93-27 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 30th day of November, 1993, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA93-27 on the 1st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1st day of December, 1993. SECRETARY OF THE ANAHEIM REDEVELOPM 'T-.-.AGENCY (SEAL) Lxhib it A ANAHEIM REDEVELOPMENT AGENCY ANAHEIM, CALIFORNIA RULES AND REGULATIONS FOR IMPLEMENTATION OFT HE CALIFORNIA UNIFORM RELOCATION ASSISTANCE LAW AI~AHEiI4 REDEVELOPMENT AGENCY RULES AND REGULATiO~S FOR iMPLEMENTATION OE THE CALIFORNIA UNIFORM RELOCATION ASSISTANCE LAW I o II. III. IV. ( oo) A. B. C. D. g. G. I. $. ( oo) A. B. C, D, E. F. (300) A. B. C. D. ( 400 ) A. B. C, D. E . INDEX Page GENERAL (101) (102) (103) (104) (105) (106) (107) (10s) (lO9) (110) Purpose Authority and Applicability Definitions Prior Determinations Citizen Participation Prerequisite to Displacement Remedies Priority of Federal Law Severability Amendments 1 1 1 1 10 11 12 12 12 12 12 RELOCATION ASSISTANCE ADVISORY PROGRAM (201) Minimum Requirements of Advisory (202) (204) (z05) ( 206 ) (207) Assistance Program Eligibility Informational. Program Survey of Relocation Needs Survey of Available Relocation' Resources Termination of Relocation Assistance Eviction 13 13 15 16 18 21 21. 22 ASSURANCE OF COMPARABLE REPLACEMENT HOUSING 22 (301) Relocation Plan 22 (302) Replacement Housing'Prior to Displacement 26 (303) Temporary Move 27 (304) Inspections 28 RELOCATION PAYMENTS TO DISPLACED PERSONS (401) (402) (403) ( 404 ) (405) 28 28 29 General Actual and Relocated Expenses in Moving Payments In Lieu of Actual Reasonable Expenses in Moving 29 Replacement Housing Payments for Displaced Owner Occupants 30 Replacement Housing Payments for Displaced Tenants and Others 34 V . VI. VII. (500) A o C · D . ( 600 ) A. B. C. (700) A. B. C. D. E. Ge Je VIII. (800) A. B. C. D. E. F . G. H. I. J. K. ! NDEX RELOCATION PAYNENTS TO DISPLACED ~USINESSES AND FARM OPERATIONS FOR MOVING EXPENSES (50!) Actual Reasonable Moving Expenses 37 (502) Expenses in Searching for a Replacement Site For The Displaced Business 42 (503) Actual Direct Losses of Tangible Personal Property 42 (504) Business Reestablishment Payment 43 (505) Replacement Business Facility Payment 45 (506) Payment In Lieu of Moving and Related Expenses 47 MOBILE HOMES (601) Relocation Benefits and Assistance (602) Moving Expenses (603) Replacement Housing Payments LAST RESORT HOUSING (701) Replacement Housing Plan (702) Nondiscrimination; Affirmative Action (703) Citizen Participation (704) Submission of Plan for Comment (705) Determination by Agency of Feasibility and Compliance (706) Implementation of Replacement Housing Plan - (707) Conformity with Statutes and Regulations (708) Monitoring Housing Production (709) Retention of Benefits Upon Move to Last Resort Housing (710) Last Resort Housing Payments . (801) (802) ( 803 ) ( 804 ) ( 805 ) (806) (807) ( 808 ) GRIEVANCE PROCEDUtLES Right of Review Notification of Decision Stages of Review Time Limit for Requesting Review Stay of Displacement Pending Final Determination Joint Complainants Right to Counsel Review of Files by Claimant (809) Recommendations by Third Party (810) .Effect of Determination on Other Persons (811) Judicial Review .. Page 37 49 49 49 49 51 51 51 52 59_ 59- 53 54 54 54 54 56 56 56 56 6O 60 60 60 6O 61 61 61 -ii- INDEX Page IX. (9oo) A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. ACQUISITION PRACTICES Acquisition of Property by Negotiation (902) .Appraisal of Property (903) Notices (904) Establishment of Just Compensation (905) Donation of Property, Acquisition of Entire Property (906) Invitation of Negotiations (907) Compensation for Loss of Goodwill (908) Additional Information (909) Tenant Property Interests (910) Negotiations; Eminent Domain (911) Notice of Decision Not to Acquire (912) Incidental Expenses (913) Purchase Price As Public Information (914) Service of Notice (915) Short Term Rental 61 61 61 61 63 64 65 66 68 69 69 70 70 71 71 71 -iii- RULES AND REGULATIONS FOR IMPLEHENTATION OF THE CALIFORNIA UNIFORM RELOCATION ASSISTANCE LAW I. ( 100 ) GENERAL. A. (101) Purpose. The purpose of these Relocation Rules and Regulations ("Regulations") is to implement the California Uniform Relocation Assistance Law (the "Act") 1/ and the Relocation Assistance and Real Property Acquisition Guidelines (the "Guidelines") adopted by the California Department of Housing and Community Development. The intent of {hese Regulations is to provide consistent relocation policies and procedures to ensure that relocation benefits and assistance will be administered by the Anaheim Redevelopment Agency (the "Agency") in a fair, reasonable, and uniform manner and to ensure that payments will be made' promptly to Persons and businesses displaced as a result of the Acquisition of real property by the Agency or a program or project undertaken by or on behalf of the Agency in a redevelopment Project Area. Additionally, it is the purpose of these Regulations to ensure consistent and fair treatment of Owners of real property to be acquired, to encourage and expedite Acquisition by agreement with Owners of property, to avoid litigation, and to promote confidence in public land Acquisition. B. (102) Authority and Applicability~ These Regulations are adopted by the Agency pursuant to Section 7267.8(a) and shall apply prospectively to all displacement occurring after adoption of these Regulations by the Agency. If the Agency undertakes a project with federal financial assistance and consequently must provi, de relocation assistance and benefits as required by federal law, 'the provisions of the Act, Guidelines, and these Regulations shall not apply. · C. (103) Definitions. 1. Acquisitioh. Obtaining ownership or possession of property by the Agency by purchase, eminent domain, or any other lawful means. 2. Affordable Housing Cost. Housing cost not exceeding twenty-five percent (25~) of gross income. 3. Agency. The Anaheim Redevelopment Agency, a public body corporate and politic. ~/ Government Code §§ 7260, et sec. Ail statutory references are to the Government Code unless otherwise indicated. Ail references ~o the Guidelines are to the California Code of Regulations, Title 25, §§ 6000, et sec. 4. Business. Any lawful activity, except a farm operation, which is in compliance with the Anaheim Municipal Code and al! applicable s%ate and federal laws, conducted for any ef the following: a. Primarily for the purchase, sale, lease or rental of personal and real proper~y, and for the manufacture, processing or marketing of products, commodities, or any other Personal Property. pub 1 i c. b o Primarily for the sale of services to the c. Primarily by a Nonprofit Organization. d. Solely for the purpose of Section 402 of these Regulations, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, Personal Property or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted. 5. Business Premises. The location occupied by a Business to conduct a lawful Business activity. 6. Comparable Replacement Dwelling. Any dwelling that is all of the following: .. a. Decent, safe, and sanitary. occupants. Adequate in size to accommodate the c. In the case of a. displaced Person who is a renter, within the financial means of the displaced Person. A comparable replacement dwelling is within the financial means of a displaced Person if the ~onthly rental cost of the dwelling minus any replacement housing payment available to the Person does not exceed twenty-five percent (25~) of the Person's average monthly income. d. Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. e. In an area not subject to unreasonable adverse environmental condisions. 09/05/90 0677u/26212"000 -2- f. In a !oca~ion generally not less desirable than the location of the displaced Person's dwelling with respect to public utilities, facilities, services, and the displaced Person's place of employment. 7. Condominium. An undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or Condominium plan in sufficient detail to locate all boundaries thereof. 8. Decent, Safe and Sanitary. Housing in sound, clean and weathertight condition, in good repair and adequately maintained in conformance with applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards:. Se Single-Family Dwellings, Apartments, Condominiums (1) Has a continuing and adequate supply of potable safe water. (2) Has a kitchen which contains a sink in good working condition and connected to hot and cold running water, and a sewage disposal system. The kitchen or kitchen area shall have and adequate space for the connection of a stove and refrigerator. (3) Has a heating system as required by climatic conditions and local codes. (4) Has'a separate and complete bathroom, well-lighted and ventilated and affording privacy to a Person within it, containing a lavatory basin and a bathtub or shower stall, properly connected to an adequate supply of hot and cold running water, and a flush water toilet all in good working order and properly connected to a sewage disposal system. (5) Has an adequate and safe wiring system for lighting and other electrical services. 09/05/90 0677u/2621/000 -3- (6) Is sZruc%uraily sound, in good repair, and adequately maintained. (7) Each building used for dwelling purposes shall have two safe unobstructed means of egress leading to a safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to two means of egress to open space at ground level. In buildings of three stories or more, the common corridor on each story must have at least two means of egress. (8) Every sleeping room shall contain not less than 90 square feet of floor area and at least one window opening to the outside. 'If more than two Persons occupy'the room, an additional 60 square feet of floor area shall be required for each additional Person. b. HousekeeDing Unit. Each housekeeping unit. shall include a kitchen with a fully usable sink, a stove or connection for a stove, a separate and complete 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. When the term Decent, Safe and Sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision ~f this definition are incorporated herein. , 9. Displaced Person means both of the following: a. Any Person who moves from real property, or who moves his Personal Property from real property either: (1) As a direct result of a written notice of intent to acquire or the Acquisition of the real property, in whole or in part, for a program or project undertaken by the Agency or by any Person having an agreement with or acting on behalf of the Agency. 09/05/90 0677u/2621/000 (2) As a direct result of the rehabiliTaZicn, demoliCion, or other displacing activity as the Agency may prescribe under a program or project undertaken by the Agency of real property on which the Person is a Residential Tenant or conducts a business or farm operation, in any case in which the Agency determines that the displacement is permanent. b. Solely for the purposes of Sections 200 and 402 of these Regulations, any Person who moves from real property, or moves his or her Personal Property from real property, either: (i) As a direct result of a written notice of intent to acquire or the Acquisition of other real property, in whole or in part, on which the Person conducts a business or farm operation, for a program or project undertaken by the Agency. (2) As a direct result of the' rehabilitation, demolition, or other displacing activity as the Agency may prescribe under a program or proje¢'t undertaken by the Agency of other real property on which the Person conducts a business or farm operation, in any case in which the Agency determines that the displacement is permanent. This definition shall be construed so that Persons displaced as a result of Public action receive relocation benefits in cases where they are displaced as. a result of an owner participation agreement or an Acquisition carried out by a private Person for or in connection with a public use where the Agency is otherwise empowered to acquire the property to carry out the public use. Except Persons and Families of Low and Moderate Income who are occupants of housing made available to them on a permanent basis by the Agency and who are required to move from the housing, a "displaced" Person-shall not include any of the following: a. Any Person who has been determined to be in unlawful occupancy of the displacement dwellings. 09/05/90 0677u/262!/000 5 b. Any Person whose righ~ of possession at the time of moving arose after the date of the Agency's AcquisiTion of the real property. c. Any Person who has occupied the real property for the purpose of obtaining assistance under the Act. d. In any case in which the Agency acquires property for a program or project (other than a Person who was an occupant of the property at the time it was acquired), any Person who occupies the property for a period subject to termination when the property is needed for the program or project. 10. Dwelling. The place of permanent or customary and usual abode of a Person, including a single-family Dwelling, a single family unit in a two-family Dwelling, multi-family or multipurpose Dwelling, a unit' of a Condominium or cooperative housing project, a nonhousekeeping unit, a Mobile ~{ome, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be Decent, Safe and Sanitary to be a Dwelling. A second home shall be considered a Dwelling only for the purpose of establishing eligibility for .payment for moving and related expenses under Section 402 of..these Regulations. 11. Economic Rent. The amount of rent a Residential Tenant or homeowner would be required to pay for a Dwelling similar to the acquired Dwelling in a comparable area. With respect to a Business tenant, "Economic Rent" is the amount of rent a business tenant or Owner would be required to pay for Business Premises similar to' the acquired Business Premises in a comparable area: 12. Elderly Household. A household in which the head .of household or spouse is 62 years of age or older. 13. Family. Two or more individuals, who by blood, marriage, adoption or mutual consent live together as a Family unit. 14. 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 product~ or commodities in sufficient quantity to be capable of contributing materially to the operator's support. 09/05/90 0677u/262!/000 -6- i5. Gross income. The Zo%al annual income of an individual, or where a Family is displaced total annual income of the parents or adult heads of household, less ~he following: a . excess of three. A deduction of $500 for each dependent in b. A deduction of ten percent (10%) of total income for an elderly or Handicapped Household. c. 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. d. A deduction of reasonable amounts paid for the care of children or sick or incapacitated Family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the Person thus released. Gross Income is divided by twelve to ascertain the average monthly income. Relocation and property Acquisition payments are not to be considered as income for the determination-of financial means. 16. Handicapped Households. A household in which any member is handicapped or disabled. 17. Initiation of Negotiations. Initial written offer made by the Agency to the Owner of real property to be purchased or to the Owner's representative. . . 18. Mobile Home. A structure, transportable in one or more sections, which is b~ilt on a permanent chassis and designed to be used as a Dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A self-propelled vehicle is not a Mobile Home. A Mobile Home does not include a recreational or commercial vehicle. 19. Mortgage. Such classes of liens that are commonly given to secure advances on or the unpaid purchase price of real property, together with the credit instruments if any, secured thereby. 09/05/90 067 7u/2 621/000 -7- 20. Nonprofit Organization- a. A corporation orgmnized pursuant to the California Nonprofit Corporation Law set forth at Corporations Code §§ 5000, et seq.; or b. An entity organized as a nonprofit corporation under the laws of a state other than California and qualified to do business as a nonprofit corporation in California; or c. An unincorporated association or o.rganization of natural Persons for religious, scientific, literary, educational, recreational, benevolent or other purpose not that of pursuing profit. 21. Owner. a. "Owner" of 'a Dwelling means a Person holding any of the following seven (7) interests in a Dwelling, or a contract to purchase one of the first six (6) interests: (1) 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. A proprietary interest in a cooperative, housing project which includes the right to occupy a Dwelling. · (6) A proprietary interest in a Mobile Home. (7) A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of ownership, but not occupancy, of the succeeding Owner shall include, the tenure of the preceding Owner. 09/05/90 0677u/2621/000 -8- b. "0%'net" of a business includes. (i) The sole proprietorship of a sole proprietorship; (2) The partners owning a majority interest in a partnership; (3) The shareholders owning the majority of issued shares in a corporation. In determining the majority of partners and shareholders, any shares or partnership owned by a husband, wife and/or their dependents shall be treated as one unit. 22. Person. Any individual, Family, partnership, corporation or association. 23. Persons and Families of Low and Moderate Income. Persons and families whose incomes do not exceed one hundred and twenty percent (120%) of area median income adjusted for Family size. The term "Persons and Families of Low and Moderate Income" includes very low income households and lower income households. "Very low income households" means Persons and families whose incomes do not exceed fifty percent (50%) of area median income adjusted for Family size. "Lower income households" means Persons and families whose incomes do not exceed eighty percent (80%) of area median income adjusted for Family size. .- 24. Personal Property. Movable property which is situated on the real property vacated or to be vacated by a Displaced Person and which is considered noncompensable (other than for moving expenses) under the Eminent Domain Law. (Code of Civil Procedure §§ 1230.010 et seq'.). In the case of a tenant,' "Personal Property" may include fixtures and equipment or other property which may be characterized as real property under state or local law, but which the tenant may lawfully, subject to the Agency's prior written authorization, determine to move, and for which the tenant is not compensated in the real. property Acquisition. In the case of an Owner of real property, the determination as to whether an item of property is personal or real shall depend upon how it is identified in the Acquisition appraisals and the closing or settlement statement with respect to the real property AcquisitiQn; provided, that no item of property which is compensable under state and local law to the Owner of real property in the real property Acquisition may be treated as tangible Personal Property in computing actual direct losses of tangible Personal Property. 09/05/90 0677u/2621/000 -9- 25. Pos~ AccuisiZion Tenant. Any tenant whose right of possession an the time of moving arose after the date ~he Agency obtained ownership or possession of real property by lawful means. 26. Project Area. The geographical area included in any redevelopment plan adopted by the Agency pursuant to the Community Redevelopment Law set forth at Health & Safety Code §§ 33000, et seq. 27. Residential Tenant. A Person who rents or is otherwise in lawful possession of a Dwelling, including a sleeping room which is owned by another. A Person need not have a written rental agreement or lease to be a tenant. 28. Small Business. A business having at least one (1) but nor more than five hundred (500) employees working at the site being acquired or permanently displaced by a program or project. D. (104) Prior Determinations. The Agency will not proceed with any phase of a project that results in displacement until it has determined that:' 1. Fair and reasonable relocation payments will be provided to eligible Persons as required by Sections 400 and' 500. .~ 2. A relocation assistance program offering the services described in Section 200 of these Regulations will be established. 3. Eligible Persons will be adequately informed of the assistance, benefits, policies, practice~ and procedures, including grievance procedures, provided for in these Regulations. , 4. Based upon recent survey of both the housing needs of Persons who will be displaced, and available replacement housing and considering competing demands for that housing, comparable replacement Dwellings, as defined in Paragraph 7 of Section 104 will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number and size for the eligible Persons who require them. 5. Adequate provisions have been made to provide orderly, timely and efficient relocation of eligible Persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. 09/05/90 0677u/2621/000 -!0- 6. A relocation plan meetlng the requirements of Sec%ion 300 has been prepared. E. (105) Citizen Participation. Ail Persons who will be displaced, neighborhood groups and any relocation committee will be encouraged to review the relocation plan (prepared in accordance with Section 300) and monitor the relocation assistance program. When a substantial number of Persons will be displaced from their Dwellings as determined by the Agency the Agency shall encourage the residents and community 9rganizations in the displacement area to form a relocation committee. The committee shall include, when applicable, residential Owner occupants, Residential Tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, if the Agency has conducted a citizen participation process as part of an existing development program, it may substitute such process if it satisfies the requirements of this section. If a substantial number of Persons will not be displaced from their Dwellings as determined by the Agency, the Agency shall at least consult with and obtain the advice of residents and community organizations and make the relocation plan available to such persons or organizations prior to submitting it to the Agency for approval. The Agency shall ensure the following: (a) Timely and full access to all documents relevant to the relocation program. The Agency may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is'prohibited by law. The Agency shall ensure that the information in documents, the provision of which would result in disclosure of the identity of Persons eligible for relocation assistance and benefits is provided in a ~anner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the Person to which the information relates (or any other Person authorized in writing by. such Person) to inspect Such documents. (b) The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. (c) The right to submit written or oral comments and objections including the right to submit written o9/o5/9o o677u/2621/ooo -!i- ~ s c,~mmen~s on ~:~.e relocation plan and Go have these attached ~o the plan-~-hen it is £orw~rded to the local !egisi~tlve body or ~b.e head of the state agency for approval. (d) Prompt, written response to any written objections or criticisms. E. (106) Prerequisite to Displacement- No Person shall be displaced until the Agency has fulfille~ the obligations imposed by the Act and Guidelines. G. (107) Remedies. If the Agency has not fulfilled or is not substantially fulfilling its relocation r. esponsibilities, it shall cease displacement until such time as its responsibilities are fulfilled. When appropriate, project implementation shall be suspended or terminated. Eligible Persons who move without offers of assistance and benefits, after the Agency was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The Agency shall make every effort to identify and locate such Persons. The enumeration of remedies in this section shall not preclude the use of other remedies consistent with the intent of the Act and Guidelines. H. (108) Priority of Federal Law. These Regulations shall not apply if the Agency undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as required by the Federal Uniform Relocation Assistance and Real Property Act of 1970 (42 U.S.C. Sections 4601, et seq.. If an obligation to provide relocation assistance ~d benefits is not imposed by federal law, the provisions of these RegulatiOns shall apply. I. (109) Severabilit¥. If any provision of these Regulations or the application thereof is held invalid, such invalidity shall not affec{ other provisions or applications of the Regulations which can be given effect without the invalid provision or application, and to this end the provisions of these Regulations are severable. J. (110) Amendments. The Agency reserves the right to amend these Regulations at its sole discretion from time to time. 09/05/90 0677u/2621,'000 -12- ii. RELOCATION ASSISTA_NCE ADVISORY PROGRAM. A. (201) Minimum Recuirements of Relocation Advisory Assistance Program. The Agency shall provide relocation advisory assistance to any Person or business displaced by the Agency. If the Agency determines that any Person occupying the property immedia%ely adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the Agency may make the advisory services available to the Person. Notwithstanding the definition of "Displaced Person" provided in Section 104 of these Regulations, in any case in which the Agency acquires property for a program or a project, any Person Who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the Agency. Relocation Advisory Assistance shall include, at a minimum, such measures, facilities, or services which are necessary or appropriate to do all of the following: 1. Fully inform eligible Persons at an early stage following the Initiation of Negotiations for a parcel, as to the availability of relocation benefits and assistance and the eligibility requirements.therefor, as well as the proCedures for obtaining such benefits and assistance in accordance with Section 203. -- 2. Determine and make timely recommendations on the needs and preferences, if any, of Displaced Persons for relocation assistance. 3. Assure that within a'reasonable time period prior to displacement, to the extent that it can reasonably be accomplished, there will be available comparable replacement housing sufficient in number to meet the needs of, and available to those Displaced Persons except that in a federally funded project a waiver may be obtained from the federal government. 4. Provide current and continuing information on the availability, sales, prices, and rentals of comparable replacement Dwellings for displaced homeowners and tenants, and suitable locations for businesses and Farm Operations. 5. Assist each eligible Displaced Person to complete applications for payments and benefits. 09/05/90 0677u/2621/000 -13- 6. Assist emch eligibie Person to obZain a comparable replacement Dwelling. 7. Assist a Person displaced from a business or Farm Operation in locating and becoming established in a suitable replacement location. 8. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. 9. Supply to such eligible Persons information concerning federal and state programs, which may be of assistance to those Persons applying for assistance under the program. 10. Provide other advisory assistance to eligible Persons in order to minimize their hardships. It is recommended that, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. 11. Inform all Persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be' in accordance with the provisions of Section 207. 12. When a substantial number of Per~ons will be displaced and the relocation staff's office is not easily accessible to those Persons, the Agency may, but is not required to, establish one or more appropriately equipped site office(s). 13. Assure that a Person .shall not be required to move from a Dwelling unless the Person has had a reasonable opportunity to relocate to a comparable replacement' Dwelling, except in the case of any of 'the following: a. A major disaster as defined in Section 102(2) of the federal Disaster Relief Act of 1974. b. A state of emergency declared by the President or Governor. c. Any other emergency which requires the Person to move immediately from the Dwelling because continued occupancy of the Dwelling by the Person constitutes a substantial danger to the health or safety of the Person. 09/05/90 0677u/2621/000 - !4- B. (202) !. available ~o- Eligibi!i~y. Relocation of assistance and benefits shall be a. Any Person who occupies property from which he will be displaced- b. Any Person who will move from real property or will move his Personal Property, because he will be displaced from other' real property on which he conducts a business or Farm Operation. c. Any Person who moves from real property as a result of its Acquisition by the Age~.cy whether the move is voluntary or involuntary. d. Any Person who, following the Initiation of Negotiations, moves as the result of the pending Acquisition by the Agency. Such a Person is eligible if the property is subsequently acquired by the Agency; if it is not acquired, such a Person, at the discretion of the Agency, may be declared eligible. e. Any Person who moves as the result of pending Acquisition by the Agency either following receipt of a Notice of Intent .to Displace or as a result of inducement or encouragement by the Agency. The Agency may issue--a written Notice of Intent to Displace at any time after forming a reasonable expectation of acquiring real property. 2'. Post-Acquisition tenants, those who lawfully occupy property after the Agency acquires it, are not eligible for assistance and benefits if, before occupying the property, they are informed by the Agency that the property has been acquired for a public use and will be available as housing only in the interim between Acquisition and development and ~hat development for such use may result in termination of the tenancy sooner than would otherwise be expected. When 'Post-Acquisition tenants are so informed they are not eligibl~ even though they move as the result of a written order from the Agency to vacate the real property. The Agency shall inform prospective tenants regarding the projected date of displacement and, 'periodically, should inform post-Acquisition tenants of any changes in this projection. · When the displacement of a post-Acquisition tenant causes a hardship for that Person because of a critical housing o9/05/90 0677u/2621/oo0 - 15- shortage, age, handicap, infirmity, lack of financial means or other circumstance, ~he Agency may provide relocation assistance and beneZits c. (203) Informational Program. 1. General Information. The Agency shall establish and maintain an informational program that provides for the following: a. Preparation and distribution of informational material as early as practicable to each occupant of property in the displacement area. This material shall be distributed at an early stage following the Initiation of Negotiations and not less than 90 days in advance of displacement except for those situati,~ns described in paragraph 13 of'Section 201. b. The Agency shall also contact each occupant of the property to carefully explain and discuss fully the extent of relocation payments and assistance that may be made available by the Agency. Such contact shall.be direct and personal except where repeated efforts indicate that such contact is not possible. Such contact may be made at the time and as part of the interview to ascertain relocation needs conducted pursuant to Section 204. The Agency shall maintain personal contact with occupants of the property to the maximum extent practicable. c. Utilizing meetings, newsletters, and other mechanisms, including local media available to all Persons, for keeping occupants of the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually communicating information to such Persons. Legal publications, legal ads in local newspapers of general circulation and similar means which may go unnoticed are not recommended. 3. Informational Statement. The following information shall be included in statements distributed to occupants of the property in the displacement area: a. General description of the nature and types of activities that will be undertaken, including an identification of areas which may involve displacement. A diagrammatic sketch of the Project Area shall be attached. b. A statement that Agency' action may result in displacement, but that no Person lawfully occupying the real property will be required to move without at least ninety (90) days written notice from the Agency and no one will be required to move until ninety (90) days after the provision of informa%ion. 09/05/90 0677u/2621/000 - 16- c. Assurance that families and individuals will not be required to move before reasonable offers of otherwise comparable replacement Dwellings within their financial means have been made, except for the causes provided in these Regulations for eviction. d. A general description of types of relocation payments available, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment; e. Identification of the Agency's relocation program and a description of relocation services and assistance that will be available; f. Encouragement to visit the Agency's relocation office and cooperate with staff, and the address, telephone number, and hours of the relocation office; g. Information to residents on replacement Dwellings, including; (1) A brief description of what constitutes a comparable replacement Dwelling, including physical standards; .. (2) A layman's description of the Federal Fair Housing Law (Title VIII of Civil Rights Act of 1968), and applicable State and local fair housing laws as well as rights under Title IV of the Civil Rights -Act- of 1964; (3) A statement that the Agency (or. its agent) will identify available comparable replacement Dwellings and will provide assistance to Persons in obtaining housing of their choice, including assistance in referring complaints of discrimination to the appropriate Federal, State or local fair housing enforcement agency; (4) A statement that Persons may seek their own housing accommodations, and urging them, if they do so, to notify the Agency or its relocation office prior to making a commitment to purchase or occupy the property so that the Agency's representative can inspect %he uni~. 09/05/90 0677u/2621/000 -17- h. A statement to businesses that the Agency will provide maximum assistance in locating relocation accommodations, including consultation with the Small Business Administration and other governmental agencies which might be of assist'ance; i. A statement to businesses describing the requirement for prior notification to the Agency of the business concern's intention to move; j. A summary of the Agency's eviction policy; k. A statement describing the Agency's grievance procedure, its purpose and. how it may be used, and information concerning its availability; 1. Any additional information that the Agency believes would be helpful. Where appropriate, separate informational statements shall be prepared for residential and non-residential occupants. 4. Language of Informational Material. Informational material shall be prepared in the language(s) most easily understood by the recipients. In displacement areas where there are significant concentrations of Persons who do not read, write,[ or understand English fluently, the'native language of the people will be used and all informational material will be provided in the native language(s) and English. 5. Method of Delivery' of Informational Material. To assure receipt of the informational material, the Agehcy shall arrange to have the material either hand-delivered to each business or head of household of. the property, with a request for a written receipt, or sent by certified mail, return receipt requested. . 6. Notice of Eligibility Status. In addition to disseminating general information, the Agency shall provide each business or occupant with individual, written notification of eligibility status as soon as eligibility status has been established. D. (204) Survey of Relocation Needs. 1. Interviews. Immediately following the Initiation of Negotiations, the Agency shall interview all eligible Persons, business concerns, including Nonprofit Organizations and Farm Operations to obtain information upon 09/05/90 0677u/262 1/000 - 18- which to plan for housing and onher accommodations, as well as counseling and assistance needs. T~e interview sh~ll be by direct, personal contact, except where repeated efforts indicate that such contact is not possible. The Agency shall carefully explain and discuss fully with each Person interviewed the purpose'of the interview. When a Person cannot be interviewed or the interview does not produce the information to be obtained, reasonable efforts shall be made to obtain the information by other means. a. Information to be Obtained. The Agency shall endeavor to obtain the following information from eligible Persons: ( 1 ) Income (2) Whether a Person is a elderly Person. or handicapped; (3) Size of Family; (4) Age of children; (5) Location of job and factors limiting accessibi lity; (6) Area of preferred relocation; (7) Type of unit preferred; (8) Ownership. or tenant preference; (9) Need for social and pub'-~ic services, .~~*....~ special schools and othe~r (10) Eligibility for publicly assisted ho~sing; (11) With reference to the present Dwelling; (a) The rent; (b) Type and quality of construction; (c) Number of rooms and bedrooms; (d) Amount of habitable living space; 09/05/90 0677u/2 621/000 -19- (e) Locational factors including, among others, public utilities, public and commercial facilities (including transportation and schools) and neighborhood conditions (including municipal services). (12) Such other matters that concern a household as its members contemplate relocation. b. Coordination with Other Agencies. In order to avoid duplication of effort and to ensure that necessary information is available at the appropriate time, the Agency shall' coordinate its interview activities with the survey activities, if any, of other agencies. Gathering of .- data pertinent to social service referrals of eligible PerSons' shall be planned in cooperation with social service agencies and ~ referral system shall be established. c. Interview after Person Moves without Notice. If the Agency fails'to conduct the required interview of any eligible'Person in a timely and effective manner, the Agency shall make every reasonable effort to identify, locate and interview such Person who has moved so that his relocation needs can be determined. The Agency shall offer such Persons all relocation assistance and benefits for which they otherwise qualify and, in addition, shall compensate such, Persons for all costs occasioned by the Agency s failure to provide timely notice and offers of relocation assistance and benefits. 2.. Relocation Records..- Based'~n. infox~nation obtained during interviews and' from-~ 6the'r :~rcesjas ..... ':~'~.-~. appli6~le, the Agency shall prepare and maintaih"'"~n accu'~a'te relocation record for each Person' to be displaced. The record shall contain a description of the pertinent characteristics of the Persons to be displaced.and the assistance deemed to be necessary. A Displaced Person (or any Person authorized in ' writing by such Person) shall haVe the right to inspect such documents containing information relating to him to the extent and in the manner provided by law. 3. Updating Information. Information pertaining to the relocation needs of eligible Persons occupying each parcel of real property with respect to which the Agency has initiated negotiations for Acquisition shall be updated at least annually. Eligible Persons shall be encouraged to bring any change in their needs to the attention of the Agency. 09/05/90 0677u/262i/000 -20- E. (205) Survey of Available Reioca%ion Resources. At an early stage follcwmng %he initiation o~ ~ego~iations the Agency shall initlate a survey and analysis of available comparable relocation resources to enable the Agency to determine whether the requisite comparable replacement Dwellings will be available. If a recent survey that provides the information identified in this section is no~ available, the Agency shall conduct a survey and analysis of the housing market. If a recent survey is available, but it does not reflect more recent, significant changes in housing market conditions, the survey shall be updated or it shall not be relied upon. When more than twenty-five (25) households will be displaced, survey results shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing availability.. The survey shall be updated at least annually. The survey area shall be reasonably related to the displacement area and to the needs and preferences of the Persons to be displaced, as indicated in the written analysis prepared pursuant to paragraph 3 of Section 301. The survey area shall have relevant charac~;eris~ics (see paragraph 6 of Section 103) which are comparable in that such equal or exceed those of t_he neighborhood fr6m which Persons are to be displaced. F. ('206) Termination of Relocation Assi'stance. The Agency's relocation obligations cease under any of the following circumstances: 1. A Displaced Person moves to a comparable replacement Dwelling and receives all assistance and payments to which he is entitled. -" 2. The Displaced Person moves ~o substandard housing, refuses reasonable offers of additional assistance in moving to comparable replacement Dwelling and receives all payments to which he is entitled. 3. Ail reasonable efforts to trace a Person have failed. 4. A displaced business concern or Farm Operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations. 5. A Person displaced from his Dwelling, business or farm refuses reasonable offers of assistance, payments and comparable replacement housing. 09/05/90 0677u/2621/000 -21- G. (207) Eviction. Eviction is permissible only as a last resort. Re!ocaKlon records shall be documented to reflect the specific circumstances surrounding the eviction. Evlction shall be undertaken only for one or more of the following reasons: 1. Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services. Performance of a dangerous, illegal act in the unit. 3. ~aq~rial breach of the rental agreement and failure. to correct breach within 30 days-after notice. 4. Maintenance of a nuisance and failure to abate within a reasonable time following notice. 5. Refusal to accept one of a reasonable number of offers of replacement Dwellings. 6. The eviction is required by state or local law and cannot be prevented by reasonable efforts on t~he part of the Agency. zzz. (300) ASSURANCE OF COMPARABLE REPLACEMENT HOUSING. A. (301) Relocation Plans. 1. General Requirement. As soon as possible following the Initiation of Negotiati'ons' and prior to proceeding with any phase of a project or other activity in implementing a redevelopment ~roject that will result in displacement, the Agency shall prepare, a relocation plan and submit it for approval to the City Council of the City of Anaheim. When the Agency's action will only result in an insignificant amount of non-residential displacement, the Agency is not required to prepare a relocation plan. 2. Contents of Relocation Plan. The Relocation Plan for an implementation activity shall contain the following elements: a. A diagrammatic sketch of the project; b. Projected dates of displacement; 09/05/90 0677u/2621/000 -22- c. A wr±tten analysis of ~he aggregate relocation needs of all Persons to be d±splaced (as descr±bed in Paragraph 3 below) and a de~ailed e×Dlana~ion as ~o how these needs are to be met; d. A written analysis of relocation housing resources (as described in paragraph 4 below); e. A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible Persons to comparable replacement housing; f. A cost estimate, for preparat~cn of the relocation plan and identification of the source - necessary funds; g. A detailed plan by which any last resort housing is to be provided; h. Temporary relocation plans, if any; i. A description of the relocation payments to be made and ~. plan for disbursement; j. If a relocation office is established by the Agency pursuant to Section 6040(b) of the Guidelines, a description of the offices operating procedures of the office; k. Plans for citizen participation; 1. An enumeration of the coordination activities undertaken pursuant to paragraph 4 below; . . m. The comments of the relocation committee, if any; · n. A written determination by the Agency that the necessary resources will be available as required; o. A standard information statement to be sent to all Persons to be displaced pursuant to Section 203. 3. Analysis of Replacement Dwelling Needs. A written analysis of replacement Dwelling needs shall be prepared based upon the survey of relocation needs conducted pursuant to Section 204. It shall be prepared in sufficient detail to enable determination of the availability for all potential displacees of Dwellings which meet the standards set forth in the definition of comparable replacement Dwelling. 09/05/90 0677u/£621/000 -23- The written analysis of replacement Dwelling needs shall include- a. Separate information concerning home ownership and rental units; b. The number of units identified by cost for each size category; c. The needs of Elderly Households and Handicapped Households shown separately, including information on the number of such households requiring special facilities and the nature of such facilities; d. Description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement Dwellings; e. Information concerning proximity to present employment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools; 4. Analysis of Available Relocation Resources. Based upon the survey of available relocation resources conducted pursuant to Section 205, a written analysis of replacement Dwelling resources shall be prepared in sufficient detail to enable a determination of the availability for all potential .displacees of housing which meet t_he standard for a comparable replacement Dwelling. The written analysis of available relocation resources shall include: a. Separate, information concerning home ownership and rental units; b. The number of units available by cost for each size category; c. Resources available to meet the needs of Elderly Households and Handicapped Households shown separately including information on the number of units with special facilities and the nature of such facilities; d. Description of the locational characteristics of the neighborhoods in the survey area, corresponding to the requirements of comparable replacement Dwellings; 09/05/90 0677u/262' ,~000 e 'nformaSJon conce_.~ing proximlty to presen5 employment sources, (with the consen5 of the Displaced Person a posensia! employ-er may be substituted), medical and recreational facilities, parks, community centers, shopping, transportation and schoois~ (f) Information concerning proximity to other relevant needs and amenities. Units which do not satisfy the standards for comparable replacement Dwellings including the locational criteria, shall not be counted as a relocation resource. 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. 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 dynamic operation by which occupancy changes 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 Agency shall assume that four percent (4%) of the rental and one percent (1%) of the ownership units which meet the standards for comparable replacement Dwellings represents turnover. The Agency shall use a higher percentage figure if such figure is more accurate. The Agency may use a lower figure if it establishes that the lower figure is a mpre accurate assumption. Publicly subsidized housing, including public housing, shall not be counted as a resource'unless it reasonably can be established that: a . The units will be available when needed; b. The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assistance; and c. The units have been inspected and determined to be comparable replacement Dwellings. 09/05/90 0677u/2621/000 -25- . ±ne number o£ units av~ ~ez in the ~ the community exceeds ~he number of households in need o= units. This requirement may be waived by the Deparument of Housing and Community Development if ~he Agency 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 Agency must have site control with permissive zoning, preliminary plans and conditional commitments for subsidy and financing or the equivalent. The Agency also must identify ownership. Uncompleted new construction or rehabilitation which is subsidized by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. 5. Review of Relocation Plan. The relocation plan shall be submitted to the relocation committee if formed, and the Department of Housing & Community Development for review and comment thirty (30) calendar days prior to submission to the City Council for approval. Copies of the relocation plan shall be available to the public upon request. General notice of the Relocation Plan shall be provided to the occupants of the property tahi~ty (30) days prior to submission to the City Council. The Notice shall be prepared in accordance with subsection 203(1)b and paragraph 4 of Section 203. 6. Conformance to General Plan. Relocation plan prepared by the Agency shall be consistent with the housing. element of the General Plan of the City of Anaheim. 7. Update of Relocation Plans. In the event of delay in implementation of a relocation plan, the plan shall be updated annually. B. (302) Replacement Housing Prior to Displacement. , 1. Notices to Displaced Persons. No eligible Person shall be required to move from his Dwelling unless within a reasonable period of time prior to displacement comparable replacement Dwellings or, in the case of a temporary move, adequate replacement Dwellings are available to such Person. 2. Offers of Replacement Dwellings. The Agency shall offer at least one comparable replacement Dwelling for each displaced resident. Such offers shall be in writing, in a language understood by the displaced resident. 09/05/90 0677u/2621/000 -26- The Agency's obligation to obtain a comparable replacemen~ Dwelling for displaced residenn shall be deemed ~o be satisfied if such resident is offered and refuses without justification, reasonable choices of specifically identified comparable replacement Dwellings. No eligible Person occupying property shall be required to move from a Dwelling or to move a business or Farm Operation, without at least 90 days written notice from the Agency. The Agency shall notify each individual tenant to be displaced as well as each Owner-occupant. (These requirements are in addition to those contained in Sections 201 and 203.) C. (303) Temporary Move. 1. Use of Temporary Replacement Housing. Temporary replacement housing shall meet the standards of an adequate replacement Dwelling. Adequate replacement Dwelling means a Dwelling which meets all of the criteria for a comparable replacement Dwelling, except that with respect to the nLlmber of rooms, habitable living space and type of construction the Dwelling need be only adequate, not comparable. The Agency shall minimize, to the greatest extent feasible, the use of temporary relocation resources. Temporary replacement housing may be used at the Displaced Person's election for a limited period of time when the plan for a project anticipates moves back into completed project accommodations. The Agency shall not rely upon temporary replacement housing if comparable replacement Dwellings will not be available to the displaced resident within twelve (12) months of the date of the temporary move. The displaced resident may agree to extend the twelve (12) month-limitation. 2. Relocation Assistance and Payments. The Agency shall provide Displaced Persons who move to temporary replacement housing with relocation assistance, services and benefits designed to achieve permanent relocation of Displaced Persons into comparable replacement Dwellings. 3. Assurance Prior to Temporary Move. Prior to any temporary move, the Agency shall determine and provide written assurance to each Displaced Persons that: a. Comparable replacement Dwellings will be made available at the earliest possible time, but in any event no later than twelve (12) months from the date of the move to temporary replacement housing. 09/05/90 0677u/2621/000 -27- b. Comparable replacement Dwellings will be made available, on a priority basis, to the individual or Famll,f who has been temporarily rehoused. " c. The move to temporary replacement housing will not affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice of replacement Dwelling units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of relocation payments to which a displaced resident is entitled; d. If a project plan anticipates moves back into replacement housing accommodations in the project, the Person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations; e. The Agency will pay all eligible costs in connection with the move to temporary replacement housing, including increased housing costs. D. (304) Inspections. The Agency shall inspect each replacement Dwelling prior to the time a displaced resident occupies it to determine if the Dwelling meets the criteria for a comparable replacement Dwelling. IV. ( 400 ) RELOCATION PAYMENTS TO DISPLACED PERSONS. A. (401) General. The Agency shall compensate a Displaced Person for the expenses described in Sections 402 or 403, and if eligible, Sections 404 or 405. A Displaced Person who lives on his business property may be eligible for both the payments described under this Section 400 and ~he payments.to a displaced business provided under Section 500. Whenever the Acquisition of real property used for a business or Farm Operation causes the Person conducting the business to move from other real property, th~ Person shall receive payments for moving expenses provided for under Sections 402 or 403 and relocation advisory assistance for moving from the other property. Applications for benefits must be made within (18) months from: (i) the date which the Displaced Person (in the case when the Displaced Person is fee Owner of real property) receives final payment for the real property acquired from said Displaced Person, or, (ii) the date which the claimant moves from the real property acquired, whichever is later, unle~ such time is extended by the Executive Director of the Agency or his/her designee upon a proper showing of good cause in his/her sole discretion. 09/05/90 0677u/262!/000 -28- (402) Actu~! ~nd Re!~ted ExDenses in Moving. 1. Allowable Moving Expenses. A Displaced Person shmll be compensated for ac%ual moving and related expenses as the Agency determines to be reasonable and necessary including expenses to move himself, his Eamily, and his personal belongings, and those of his Family. Such moving expenses shall include: a. Transportation of Persons and property from the site from which displaced to the replacement site, not to exceed a distance of 50 miles, except where relocation beyond 50 miles is justified. b. Packing and unpacking, crating and uncrating.of the Personal Property of the Displaced Person and his Family. c. Storage of Personal Property for a period not to exceed twelve (12) months in the event the Agency determines that such storage is necessary in connection with relocation. "d. Insurance premiums covering the reas6nable replacement value of Personal Property for loss or damage while in storage or transit. e. The reasonable replacement value of property lost, stolen, or damaged in the process of moving, where insurance to cover such loss or damages is not available; provided that such loss, theft, or damage is not-due to the fault or negligence of the Displaced Person, his agents or employees and any claim for such loss or. damage is supported by such documentation as may be reasonably required to support the claim. . f. The cost of dismantling, disconnection, removal, reconnection, reassembling, and reinstallation of machinery, equipment or other Personal Property (including goods and inventory kept for sale) not acquired and/or already compensated for by the Agency, including connection charges imposed by public utilities for starting utility service. C. (403) Payments In Lieu of Actual Reasonable Expenses In Moving. Any Displaced Person who moves from a Dwelling and who elects to accept payments authorized by this Section in lieu of the payments authorized by Section 402, shall receive: 09/05/90 0677u/262 !/000 -29- 1. A moving expense allowance, according to the schedule establ~shed_ by ~he Department os~ Housing and Cemmun±ty Development. The amount of the moving expense allowance depends upon the number ef rooms occupied and whether the occupant owns furniture. The schedule provides for the following payment- Occupant Owns Furniture 1 room of furniture: $ 250 2 rooms of furniture: $ 400 3 rooms of furniture: $ 550 4 rooms of furniture: $ 650 5 rooms of furniture: $ 750 6 rooms of furniture: $ 850 7 rooms of furniture: $ 950 8 rooms of furniture: $1,050 Each additional room: $ 100 Occupznt Does Not Own Furniture First room: $ 225 Each additional room: $ 35 2. A Person who has minimal personal possessions and is in occupancy of a room shared by two or more unrelated Persons, or a Person whose residential move is performed by the Agency at no expense to that Person is only entitled to a maximum fixed payment of fifty dollars ($50.00). 3. If two (2) or more Displaced Persons are joint occupants of one (1) Dwelling unit and submit more than one (1) claim, an eligible claimant for a payment under this Section may be paid only his reasonable prorated share (as determined by the Agency) of the total payment applicable to a single tenant. The total of the p&yments made to all such claimants moving from the Dwelling unit shall not exceed the total payment allowed to be made to a single tenant as provided in this Section. D. (404) Replacement Housing Payments for Displaced Owner Occupants. 1. Eligibility. In addition to the payments required by Sections 402 or 403, the Agency, shall make a payment to the Owner of real property acquired for public use which is improved with a Dwelling actually owned and occupied by the Owner for not less than 180 days prior to the Initiation of Negotiations. 09/05/90 06'77u/2 621/000 -30- u~n~ to subseczion 2 o~ this The payment made puts~ ~ - Section 404 shall be made only ~o a displaced Owner who purchases and occupies a decent, safe, and sanitary replacement Dwelling wiLhin one year from ~he !a~er of the following: a. The date %he Displaced Person receives final payment from the Agency for the displacement Dwelling or in the case of condemnation, %he date %he full amount of estimated just compensation is deposited in the court. b. The date the Agency fulfills its obligation to make available at least one comparable replacement DWelling to the Displaced Person. However, the Agency may extend the period for good cause. Also, the displaced Owner and the Agency may agree in writing that the displaced Owner may remain in occupancy of the acquired Dwelling as a tenant of the Agency on the conditions that the displaced Owner shall only be entitled to the payment authorized by this section on the date on which the Owner moves from the acquired Dwelling and that the payment shall be in an amount equal to that which the Owner would have been entitled if the Owner had purchased and occupied a replacement Dwelling one year subsequent to the date on which the final payment was received for th~' acquired Dwelling from the Agency. It is the intent of these Regulations that special consideration be given to assist any displaced resident sixty-two (62) years of age or older to locate, lease,or purchase a comparable replacement Dwelling. 2. Amount and Computation of Replacement Housing Payment for Displaced Owner-Occupants. The total replacement housing payment to be made to a Displaced Person shall not exceed Twenty-two Thousand Five Hundred Dollars ($22,500.00) and shall be comprised of the following factors: · a. Cost of Comparable Replacement Dwelling. The Executive Director of the Agency or his/her designee shall determine the amount, if any, which when added to the Acquisition cost of the Dwelling acquired by the Agency equals the reasonable cost of a comparable replacement Dwelling. If the Displaced Person voluntarily purchases and occupies a decent, safe, and sanitary Dwelling at a price less than the Acquisition price of the acquired Dwelling, no differential payment shall be made. However, the Displaced Person may receive compensation as provided in subsections b and c of this subsection 2. The following methods may be used to determine the reasonable cost of a comparable replacement Dwelling: 09/05/90 0677u/262 ! '000 -31- Schedule Method. The Agency may base its payments on a schedule established by the Agency of reasonable " .-.ccuisition costs for the various types of comparable replacement Dwellings. The schedule shall be based on a current market analysis to determine a reasonable cost for each type of Dwelling to be acquired. The analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. (2) Comparative Method. On a case-by-case basis, the Agency may use a comparative method on which to base its payment by determining the listing price of Dwellings which have been selected by the Agency and which are most representative of the Dwelling unit acquired and which meets the definition of a comparable replacement Dwelling. Whenever possible the listing price of at least three Dwellings shall be considered. (3) Alternate Method. The Agency may develop criteria for computing the replacement housing payment for Owner occupants where neither the schedule method nor comparative method is feasible. Whichever method is selected the cost shall be updated to within three month~ of the date of purchase of the replacement Dwelling. .b. Increased Mortgage Interest. The Executive Director of the Agency or his/her designee, shall determine the amount, if any, which will compensate the displaced Owner for any increased interest costs which the Owner is required to pay for financing the Acquisition of a comparable replacement Dwelling. The amount shall be paid only if the Dwelling acquired by the Agency was encumbered by a bona fide Mortgage which was a valid lien on the Dwelling for not less than one hundred eighty (180) days immediately prior to the Initiation of Negotiations for the Acquisition of the Dwelling. All of the Mortgages on the acquired Dwelling shall be used to compute the payment. The amount shall be computed using the lesser of the principal balance of the Mortgage on 09/05/90 0677u/2621/000 -32- the replacement Dwelling or the outstanding principal balance of the Mortgage on the acquired Dwelling, mhd the lesser of %he remaining term on the accuired Dwelling or ~he ac~ua! term of the new Mortgage. The present vmtue of the incremsed interest costs shall be computed based on the lesser of the prevailing interest' rate or the actual interest rate on the replacement property. The amount shall also include oUher reasonable debt service costs incurred by the displaced Owner. For the purposes of this Section, if the replacement Dwelling is a Mobile Home, the term "Mortgage" shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of Mobile Homes together with the credit instruments, if any, secured thereby. c. Incidental Expenses. The Executive Director, or his/her designee, shall determine the amount, if any, necessary to reimburse a displaced Owner for evidence of title, recording fees, and other closing costs incident to the purchase of a replacement Dwelling, but not including prepaid expenses. Such costs-may include the following: (1) Legal, closing and related costs, including those for title search, preParing conveyance instruments, notary fees, surveys, drawings or plats and recording fees. (2) Lender, FHA, or VA or similar aDplication and appraisal fees. (3) Loan origination or assumption fees that do not represent prepaid interest. (4) CertificatiOn 'of structural soundness and termite inspection, when required. · (5) Credit report. (6) Owner's and Mortgagee's evidence o~ assurance of title; e.g., title insurance not to exceed the costs for a comparable replacement Dwelling. (7) Escrow agent's fee. (8) Sales or transfer taxes. (9) Such other costs as the Agency determines to be incidental to the purchase. 09/05/90 0677u/2621/000 -33- In order to be considered for ~his .~pe of payment, ~he claimant shall furnish proof of paymen~ of actual incurred exmenses in the form of a cerzified copy of the closing escrow s~a%er., '-.~ showing seoara~e i~ems, receipts or s~a~ements, and/or zancelled checks. 3. Multi-Family Dwelling. In the case of a displaced Owner occupant who is required %o 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 replacement housing payment shall be based on the cost of any otherwise comparable single-Family structure. 4. Displaced Persons Who are Joint Owners of a Dwelling. The total amount of the replacement housing payment to be made to Displaced Persons who were joint Owners of a Dwelling acquired by the Agency shall be limited to the total amount of the payment applicable for an individual. Such joint Owners may be paid only their respective reasonable prorated share of the total payment applicable for an individual. 5. 'Homeowner Retention of Dwelling. If a displaced homeowner elects to retain, move, and occupy his Dwelling, the amount payable as the replacement housing payment is the difference between the Acquisition price of the acquired property and t. he sum of the moving and restoration e~q~enses, the cost of correcting decent, safe, and sanitary deficiencies, if any, and the actual purchase price of a comparable relocation site. The payment shall not exceed the amount of the replacement housing payment to which t,he homeowner would otherwise be entitled. 6. Lease of a Condominium. The leasing of a Condominium for. a ninety-nine' (99) year period, or for a term which exc,eeds 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 Servi~e of the Department of Health, Education and Welfare, shall be deemed a purchase of the Condominium. E. (405) Replacement Housing Payments For Displaced Tenants And Others. 1. Eligibility. In addition to the payments required by Sections 402 or 403, the Agency shall make a payment to any Displaced Person displaced from any Dwelling not eligible to receive a payment under Section %04 which was ac%ually and lawfully occupied by the Person as a permanent or 09/05/90 0677u/262 ! ."000 -34- cus%omary and usual place of abode for no~ less than ninety (90) days prior to the date of the Initiation of Negotiations by %he Agency for Acquisition of such Dwelling or in any case in which displacement is not a direct result of Acquisition or any o~her event which ~he Agency shall prescribe. · · It is the lntent of these Regulations that special consideration be given to assist any displaced resident sixty-two (62) years of age or older to locate, lease, or rent a comparable replacement Dwelling. 2. Amount of Replacement Housinq Payment. A replacement housing payment for tenants and certain others may be in, an amount not to exceed five thousand two hundred and fifty dollars ($5,250) and may be either: (a) a payment to assist a Displaced Person in the rental of replacement housing for a period not to exceed four years or (b) a payment to assist a Displaced Person in making a downpayment toward the purchase of replacement housing. 3. Computation of Replacement Housing Payment for Rentals. ~he rental assistance payment shall be computed by subtracting forty-eight (48) times the base monthly rental of the Displaced Person (as determined in accordance with this subsection), from forty-eight (48) times t. he monthly rental for a comparable replacement Dwelling (as determined.in accordance with this subsection) provided, that in no case may such amount exceed the difference between forty-eight (48) times the base monthly rental as determined in accordance with this subsection and forty-eight (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 three (3) month period prior to Initiation of Negotiations or twentyJfive percent (25%) of the Displaced Person's average monthly income. Where the Displaced Person was the Owner of the Dwelling from which he was displaced or was not required to pay rent for that Dwelling, the economic rent shall be used in lieu of the average monthly rental to calculate base monthly rental. b. Comparable Rental. The monthly rental for a comparable replacement Dwelling shall be the amount of rent determined by the public entity by one of the methods described in paragraph 2 of Section 404, considering rental charges instead of listing price or Acquisition cost. c. Whichever method is selected the cost shall be updated to within three months of the date of rental of the replacement Dwelling. 09/05/90 0677u/262 !/000 -35- d. Publicly funded transportation projects shall make payments enabling the Person to lease or rent a comparable replacement Dwelling for a period not ~o exceed forty-two (42) months, including compensation for utilities, as provided in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the Code of Federal Regulations. Payments up to the maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should the Agency pay pursuant to Section 700 an amount exceeding the maximum amount, payment may be made periodically. Computation of a payment under this subdivision to a low-income Displaced Person for a comparable replacement Dwelling shall take into account the Person's income. 4. Replacement Housing Payment for Down Payment. Any Person eligible for a payment' under paragraph 1 of this Section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement Dwelling. The Person may, at the discretion of the public entity, be eligible for the maximum payment allowed ($5,250.00), except that, in the case of a displaced homeowner who has owned and occupied the displacement Dwelling for at least ninety (90) days but not more than one hundred and eighty (180) days immediately prior to the Initiation of Negotiations for the Acquisition of the Dwelling, the'payment shall not exceed the payment while the Person would otherwise have received under paragraph 2 of Section 404 ($22,500.00) had the Person owned and occupied the displacement Dwelling one hundred and eighty (180) days immediately prior to the initiation of the negotiations. 5. 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 .t, his Section but such payment shall be limited to the period during which the displaced dependent resides in the replacement Dwelling. For the purposes of this Sectioh, "dependent" shall be a Person who derives fifty-one percent (51%) 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 (50%) or more of their income is derived from sources other than gifts from another private Person or academic scholarship or stipends. Dependents residing with the Family of which they are a part shall not be entitled to any payment, except as a part of the Family. F. Proration of Payments. For the purpose of calculating an alternate paymen~ under Section 403, or a replacement housing payment under Sections 404 or 405, two or 09/05/90 0677u/2621/000 -36- more individuals (wNenher ~hey are members of one Family or not) living togetNer in and displaced from a single Dwelling shall be regarded as one Person. Where a ~enan~ is sharing a single Family Dwelling with an Owner and paying the Owner rent for the privilege,the tenant shall not be entitled to more than one-half of the replacement housing payment otherwise payable. The Owner shall not be required to share the payment to which he is entitled or to accept a prorated amount. v. (5oo) RELOCATION PAYMENTS TO DISPLACED BUSINESSES AND FARM OPERATIONS FOR MOVING EXPENSES. A displaced business concern or Farm Operation is entitled to payment for actual moving and related expenses, as the Agency determines to be reasonable and necessary, including expenses for all of the following: Actual and reasonable expenses in moving the business pursuant to Section 501. Actual and reasonable expenses in searching for a replacement business or farm not to exceed one thousand dollars ($1,000) pursuant to Section 502. -. Actual direct losses of tangible property as a result of moving or discontinuing a business or Farm Operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Agency pursuant to Section 503. Actual and reasonable expenses necessary to reestablish a Nonprofit Organization, or Small Business at its new site, but not to exceed ten thousand dollars ($10,000) pursuant to . . Section 504. In the event that a displaced business is represented by a third party, the displaced business must provide the Agency with written authorization to direct all communications with said third party. Additionally, claimant must assume the responsibility of obtaining all pertinent information from the third party and relieve the Agency from any and all liability arising from the third party's failure to communicate with the displaced business. A. (501) Actual Reasonable Moving Expenses. 1. Allowable Moving Expenses. In addition to those compensable expenses set forth in paragraph 1 of Section 402, a displaced business concern or Farm Operation may file a claim for 5he following moving and related expenses: 09/05/90 0677u/2621/000 -37- a. The cost, directly related to dispiacemen~ and subject to the limitation imposed by paragraph below, of: (1) Any addition, improvement, alteration or other physical change in or to ]any structure or i~s premises in connection with the reassembling, reconnection (excluding deposits) or reinstallation of machinery, equipment or other Personal Property not already acquired by or compensated for by the Agency. At its discretion, the Agency may compensate a displaced business or farm for any addition, improvement, alteration or other physical change otherwise required to render such structure, premises, or equipment suitable for the business or farm's use. All expenses must be determined in advance of any .work being done by obtaining three (3) bids from reliable sources as approved by the Agency. (2) Modifying the machinery, equipment or -other Personal Property not already acquired by or compensated for by the Agency to adopt it to the replacement location or to utilities available at the replacement location or modifying the power supply. b. Claims for payment, under this subsection shall be subject to the following limitations: (1) R~imbursable costs shall be reasonable in amount. (2) The cost shall be found by the Agency to be required by law or ordinance or to be otherwise necessary to the reestablishment of the displaced business or farm. (3) The cost could not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. 09/05/90 0677u/2621/000 -38- (4) The Agency shall deduct, on the basis o£ a reasonable estimate, the amount, if any, realized by the displaced business concern as compensation for comparable additions, improvements, alterations or other physical changes to the structure and premises acquired, as part of the payment made for the Acquisition of such structure and premises. c. 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; provide.d, however, that such payment shall not include the cost of any legal or consultant fees necessary to obtain such a license, permit or certification. d. The reasonable cost of obtaining a conditional use permit for, the replacement site, subject to the Agency s review and discretion. (This expense is not included in paragraph c above.) e. The reasonable cost of professional · services (including but not limited to architects, attorneys, or engineers fees or consultants charges) necessary for planning the move of Personal property, moving the Personal Property, or installing the relocated Personal Property at the replacement location. For purposes of this paragraph, and in order to avoid duplication of payment, all such services shall not be deemed necessary when they have been provided or will be provided by the Agency or its consultants. The necessity of services not provided by the Agency shall be determined by the Agency. Eligibility for payment for.any of the above necessary services must be approved in writing by the Executive Director of the Agency or his designee, prior to their employment. · Information on the area of expertise and the qualifications of such consultants must be provided by the claimant for Agency review and a reasonable hourly rate or fe~ must be approved by the Executive Director of the Agency or his designee, before any costs are incurred. Otherwise such services are not reimbursable. An itemized statement of all necessary services shall be provided to the Agency stating the dates of such services rendered, the location where services were provided, and the name, address, and telephone number of the Person or firm providing the services. f. Relettering signs and printing replacement stationery on hand at the time of displacement that are made obsolete as a result of the move. 09/05/90 0677u/2621/000 -39- g. Where an item of Personal Proper~y which is used in connection winh any business or Farm Opera.ion is not moved, but is replaced wi~h a comparable item, reimbursemen~ in an amoun% no% %o exceed ~he lesser of the following: (1) the replacement cost, minus any net proceeds received from its sale; or (2) the estimated cost of moving. 2. Self-Moves. In the event that a displaced business requests eligibility to perform a self-move, the amount of payment to be allowed pursuant to Section 501 shall not exceed the estimated cost of moving commercially. The self-move request must be approved in advance, in writing, and must be accompanied by a statement releasing the Agency from any and all liability in connection with the self-move. The estimated cost of moving commercially shall be based on the lowest responsible bid or estimate from at least two reputable moving firms submitted by the Owner of the displaced business to the Agency at .least 15 days prior to the move. The Agency reserves the right to retain additional bids if the Agency determines it is necessary under is sole 'discretion. The estimated cost of moving commercially shall include the cost (if any) of obtaining such bids or estimates. The amount to be paid to the claimant shall be agreed upon the claimant and Agency in writing in advance of the move. When a claimant is represented by a consultant, the above requirements still apply. Payment shall be made by the Agency upon presentation of the paid, receipted and itemized bill after the claimant has moved from the premises. If this presents a financial hardship on the displaced business, the Agency may pay the mover directly upon presentation, of an itemized bill after the displaced business has moved from the premises. 3. Personal Pro~ert¥ of Low Value and High Bulk--Business or Farm Operation. In the event that 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 the value, as determined by the Executive Director of the Agency, or his/her designee, the payments made pursuant to Section 501 shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market. This limitation is specifically applicable to claims involving the moving of junkyards, stockpiles, sand, gravel, minerals, metals and similar items of Personal Property. 09/05/90 0677u/2621/000 - 4. Outdoor Advertising Businesses. A Displaced Person '~-ho conducts a lawful ac~iviLy primarily for assisting in Ehe purchase, sale, resale, manufacture, processing, or marketing of products, commodities, Personal Property, or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in-place value, whichever is lesser. 5. Trade Fixtures and Equipment. An eligible business may request written permission from the Agency to sell equipment and trade fixtures attached to the real property and repurchase such items at salvage value, to receive compensation based upon the value in place less .the salvage value. The Agency may consider making such a payment if it is deemed appropriate to protect the public interest in providing a cost effective relocation program. This type of payment is subject to a case-by-case evaluation, at the discretion of the Agency. An eligible claimant shall be required to sign a waiver document to absolve the Agency from all risk and liability for the salvaged items and relieving the Agency from responsibility for all costs related to the removal of the' items from the acquired property and/or to a replacement site. No salvage operations shall be permitted solely for the purpose of resale to a third party. 6. Nonallowable Moving Expenses and Losses. In no instance shall an Owner of a displaced business be compensated for the following: a. Additional operating expenses incurred because of conducting business in a new location. b. The cost of moving structures or other improvements to real propert~ (exclusive of trade fixtures and equipment) in which the Owner of the displaced business reserved ownership,, or purchased from the Agency, except as otherwise provided by law. c. Improvements to the replacement business site, provided, that the Agency may compensate a displaced business for any addition, improvement, alteration or other physical change required by federal or state law or local ordinance or which the Agency determines is necessary to the reestablishment of the displaced business. do Interest on loans to cover moving expenses. 09/05/90 0677u/262 ii, 000 -41- e. Loss of goodw~l!. Less of prof- ~s. g. Less of trained employees. h. Personal injury. i. Costs for storage of Personal Property on real property already owned or leased by the Owner of the displaced business. B. (502) Expenses In Searching For A Replacement Site For The Displaced Business. An Owner of a displaced business shall be compensated for the actual and reasonable expenses incurred in searching for a replacement site for the displaced business. The total amount of the payment by the Agency for such expenses in searching for a replacement site for the displaced business shall not exceed One Thousand Dollars ($1,000.00). All claims for reimbursement, under this Section must be documented to the Agency's satisfaction. Expenses which qualify for reimbursement, up to the total maximum payment of $1,000, pursuant to this Section 502 include: 1. ..The actual expense of transportation, meals, and lodging away from home. 2. The expense attributable to the time spent in searching for a replacement site computed on the hourly wage rate of the salary or earnings of the Owner of the displaced business or his representative or employee, but not to exceed ten dollars ($10.00) per.hour. 3. Fees paid to a real estate agent or broker to locate a replacement business or farm, exclusive of any fees or commissions related to the purchase of such site. Ail expenses claimed, for except for the expense incurred pursuant to paragraph 2 of this Section must be supported by receipted bills. Payment for time spent in search shall be made on the basis of a certified statement submitted by the claimant. C. (503) Actual Direct Losses Of Tangible Personal Property. An Owner of a displaced business or Farm Operation shall be compensated for the actual direct loss of tangible Personal Property attributable to relocating or discontinuing the displaced business or Farm Operation. The total amount of the payment by the Agency for such direct loss of Personal Property shall not exceed an amount equal to the reasonable 09/05/90 0677u/2621/000 -%2- expenses that would have been required to move such Personal Property as de%ermined by %he Agency. The actual direct loss . _nai~ be b sed on ~he ~ ~ of the of Personal Property ~ - a iecse~ following- 1. An appraisal obtained by the Agency or the Owner of the displaced business or Farm Operation of the fair market value of the property for continued use at its location prior to displacement, or 2. The estimated reasonable costs of relocating the property. In order to obtain a payment for the actual direct loss of an item of Personal Property, the Owner of the displaced business shall make a bona fide effort to sell the property at the highest price offered after reasonable efforts have been made over a reasonable period of time to prospective purchasers. D. (504) Business Reestablishment Payment. In addition to the payments available under Section-= 501 and 502 a Small Business, farm, or Nonprofit Organization may be eligible to receive a payment, not to exceed ten thousand dollars ($10,000) for expenses actually incurred in relocating and reestablishing at a replacement site. Payment under this Section is subject to Agency evaluation, on a case-by-case basis. 1. Eligible Expenses. Reestablishment expenses 'must be reasonable and necessary, as determined by the Agency. They may include, but are not limited to, the following: a. Repairs or improvements to the replacement real property as required by Federal, State or the Anaheim Municipal Code or ordinances of the City-of Anaheim. b. Modific%tions to the replacement property to accommodate the Business operation or make replacement structures suitable for conducting the Business. c. Construction and installation costs, not' to exceed one thousand five hundred dollars ($1,500) for exterior signing to advertise the Business. d. Provision of utilities from right-of-way to improvements on the replacement site. e. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling or carpeting. 09/05/90 0677u/2621/000 -G3- - ~-censes, fees and permits when no~ paid as part of moving expenses. g o marketing s~udies. Feasibility surveys, soil testing and h. Advertisement of replacement location, not to exceed one thousand five hundred dollars ($1,500). i. Professional services in connection with the purchase or lease of a replacement site. j. Estimated increased costs of operation during the first two (2) years at the replacement site, not to exceed five thousand dollars ($5,000.00), for such items as: (i) Lease or rental charges; (ii) Personal or real property taxes, (iii) Insurance premiums, and (iv) Utility charges, excluding impact fees. k. Impact fees or one-time assessments for anticipated heavy utility usage. -- 1. Other items that the Agency considers essential to the reestablishment of the Business. 2. Ineligible Expense~ The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible: a. Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures. b. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the Business operation. c. Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in paragraph (1)(e) of this Section. d. Interest on money borrowed to make the move or purchase the replacement property. e. Payment to a part-time Business in the home which does not contribute materially to the household income. 09/05/90 0677u/262 i/'000 -44- E. (505) Replacement Business Facility Payment. As previously described in Section 504 a Small Business, farm or nonprofit corporation may apply for a Business Reestablishment PaymenT. The Replacemen~ Business Facility payment provided for in this Section is an additional paymen~ to facilitate the relocation of displaced businesses to a comparable replacement site. 1. Eligibility. The Owner of a displaced business who has owned, occupied, or operated from the business facility which is acquired by the Agency for a period of at least one hundred and eighty (180) days prior to the Initiation of Negotiations for Acquisition of the business facility or real property, may file a claim for a Replacement Business Facility Payment. Eligibility for a Replacement Business Facility Payment is subject to the determination of the Executive Director of the Agency or his/her designee on a case-by-case basis. Written authorization for such payment must be obtained prior to the claimant's move from the old location. The Owner pfa displaced business is eligible for a Replacement Business Facility Payment when: a. The Owner rents or purchases a comparable replacement Business facility, functionally equivalent and substantially the same as the acquired facility~ as verified by the Agency's representative. The payment may be prorated based upon the relationship of square footage between the old and new facilities. b. No other practical potential relocation space exists, available and equal to or less expensive, after a minimum of 90 days of searching and/or certification by the Agency s relocation representative of this situation; and c. The Owner of a displaced business does not file for an in-lieu payment. · d. The Owner provides proof of a minimal lease term of twelve (12) months at the replacement site or consumates the actual purchase of a replacement site which the Agency determined is comparable. 2. Benefits for Businesses Electing to Rent. The amount of this payment, which shall be payable in one lump sum after the business moves, shall be determined as follows: a. An amount equal to the difference for one year, between the actual or economic rent of the old location, whichever is higher, and the lesser of the (i) comparable rent 09/05/90 0677u/2621/000 -45- (ii) at.ua! rent, or (iii) economic ren~ for Zhe repiacemen% size, uD to a maximum ef fifteen thousand dollars ($15,000). The paymenn may be ororated to reflect nhe space occupied at ~he reo!acement si~e. 3. Benefits for Businesses Electing to Purchase. A displaced business electing to purchase may be eligible for a Business Facility Payment to be used as a downpayment on a replacement business facility not to exceed the amount set forth in Paragraph 2 above. The amount of the payment shall be determined by the Executive Director of the Agency or his/her designee, in accordance with the following criteria: a. An amount equal to the difference for one year between the actual or economic.rent of the old location, whichever is higher, and the lesser of the (i) comparable rent, (ii) actual rent, or (iii) economic rent for the replacement site (which may be prorated to reflect the space occupied at displacement site) will be paid into an escrow toward the downpayment provided that the Owner of the business actually purchases the replacement site. The payment shall not exceed fifteen thousand dollars ($15,000) minus any compensation received for rental or purchase costs as a Business Reestablishment Payment. .. The term "rent" shall include the following items, if required to be paid by the tenant: (1) Actual rent, (2) Utilities, ( 3 ) Taxes, (4) Property insurance and maintenance expenses. 4. Limitation. 'Business Owner Occupants must apply for the Replacement Business Facility Payment within one (1) year from the earlier or the following dates: a. The date of receipt by the business Owner occupant of compensation for the property; b. The date of the physical displacement from the acquired property; c. The date that the Agency deposits the full amount of estimated just compensation in court in the case of condemnaEion. 09/05/90 0677u/262 !/000 -46- The A,~ency shall make a Business Replacement Faci!ily Paymen- contigent upon the actual purchase of a reDiacement bus'ness facility. If an escrow fails ~o result in zhe purchase cz a replacement site all funds deposited in escrow by the Agency shall be reEurned to ~he Agency. Regardless of whether joint business occupants displaced from a single business facility are reestablished in more than one replacement site, the Business Replacement Facility Payment shall not exceed fifteeen thousand dollars ($15,000). F. (506) Payment In Lieu Of Movinq and Related Expenses. Any Displaced Person who moves or discontinues his business or Farm Operation and who. elects to accept the payment authorized by this Section in lieu of all of the payments authorized by Sections 501 through 504 shall receive a fixed relocation payment in an amount equal to the "average annual net earnings" of the business or Farm Operation, except that the payment shall not be less than one thousand dollars ($1,000.00) nor more than twenty thousand dollars ($20,000). For purposes of this section, the term "average annual net earnings" means one-half of any net earnings of the business or Farm Operation before federal, state, and local income taxes during the two-taxable years immediately preceding the.taxable year in which the business or Farm Operation moves from the' real property being acquired, or during any other period as'the public entity determines to be more equitable for establishing earnings, and includes any compensation paid by the business or Farm Operation to the Owner, his or her spouse, or his or her dependents during the two-year or other period. If a business has no net e~rnings or has suffered losses during the period used to compute the "average annual net earnings" it may, nevertheless, redeive the one thousand dollar ($~,000) minimum payment described in this Section provided that the Agency determines that such business is, in fact, a bona fide business and meets all of the following eligibility requirements. 1. Requirements - Businesses. To be eligible for the in lieu payment, the Owner of the displaced business or Farm Operation should make available to the Agency its federal and state income tax and sales records, financial statements, and accounting records, for confidential use pursuant to an audit to determine the amount of the payment. In the case of a business no payment shall be made under this section, unless the Agency is satisfied that (I) the business cannot be relocated without substantial loss of 09/05/90 0677u/2621/000 -47- pazronage and (2) that the business is no~ a Dart of a commercial enZerprise having at least one other establishment no~ being acquired which is engaged in ~he same or similar business. Additionally, to be eligible for this payment, the business must contribute materially to the income of the displaced Owner. A party, individual or Family occupation in the home which does not contribute materially to the income of the displaced Owner is not eligible for this payment. The determination of the loss of existing patronage shall be made by the Executive Director of the Agency or his designee, only after consideration of all pertinent circumstances, including but not limited to the following factors: a, displaced business. The type of business conducted by the b. The nature of the clientele of the displaced business. In determining whether the displaced business is a part of a similar business enterprise having at least one other establishment not being acquired, or in determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, the Agency shall consider the following factors: a. The extent to which the same premises and equipment are shared; b. The extent to which substantially identical or intimately interrelated business functions are pursued and the business and financial affairs are commingled; c. The extent to which such entities are held out to the public,and to those customarily dealing with such entities, as one business; and, d. The extent to which the same Person or closely related Persons own, control or manage the affairs of the entities. In regard to an outdoor advertising display, payment shall be limited to the amount necessary to physically move or replace that display, whichever is less. A Person whose sole business at the displacement Dwelling is the rental of the property to others shall not qualify for a payment under this Section. 09/05/90 0677u/262 i/000 -48- 2. Reouirements - Noxsr©fi~ Organiza~ieR. In ~he case of a Nenpre£it Organiza~ien, ne Daymen~ shall be made under %his sec~ien unless ~he Agency de~ermines Lhat- a. The Nonprofi5 Organization canno% be relocated without a substantial 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 b. 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. 3. Requirements - Farms. In the case of a Farm Operation, no payment shall be made under this section unless the Agency determines 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 displaced from a Farm Operation if the part taken met the definition of a Farm Operation prior to the taking and the taking caused such a substantial change in the nature of the existing Farm Operation as to constitute a displacement. v~. (600) MOBILE HOMES. A. (601) Relocation Benefits and ASsistance. A Person displaced from a Mobile Home must satisfy the same eligibility requirements and must be provided the same assistance, assurance and payments as a Person displaced from a conventional Dwelling. . B. (602) Moving Expenses. If a Mobile Home is moved to another site, the Displaced Person shall be compensated for moving expenses in accordance with Sections 501 and 503. 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. ( 603 ) Replacement Housing Payments. 1. A Person who owns a Mobile Home and site and as a replacement purchases both a Dwelling and site shall be provided a replacement housing payment in accordance with Section 404. 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 405. 09/05/90 0677U/2621/000 -49- 2. A Person who rents a Mobile Home and site, and as a reslacement ~en~s or purchases a Dwelling and site, shall be provided a payment in accordance wi~h Section ~05. 3. A Person who owhs a Mobile Home and site, and as a reolacement purchases a Dwelling and rents a site, shall be provided a payment in accordance with Sections 404 and 405. The payment shall be limited to the lesser of: a. The amount necessary to purchase a conventional comparable replacement Dwelling; and b. The amount necessary to purchase a replacement Mobile Home (in accordance with section 404) plus the amount necessary to rent a replacement site (in accordance with Section-405). 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. 4. A Person who owns a site from which he moves a Mobile Home shall be provided a replacement housing payment under Section 404 if he purchases a replacement site, and under Section 405 if he rents a replacement site. .. 5. A Person who owns a Mobile Nome which is acquired and rents the site shall be provided payment as follows: a. If a Mobile Home is not available the amount required to purchase a conventional replacement Dwelling (in accordance with Section 404); b. The amount necessary to purchase a replacement Mobile Home (in accordance with Section 404) plus the amount necessary to lease, rent or make a downpayment on a replacement site (in' accordance with Section 405); or c. If he elects to rent a replacement Mobile Home and site, the amount required to do so in accordance with. Section 405. In calculating this payment, the average monthly rental shall equal the economic rent for the Mobile Home plus the actual rent for the site. 6. Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based. 09/05/90 0677u/262 t/000 - 50- Vii. ('700) LAST RESORT HOUSING. A. (701) Reu!acement Housing Plan. If, on the basis of the data derived from the analysis prepared pursuant to Section 301 comparable replacement housing is not available, and the Agency determines that such housing cannot otherwise be made available, the Agency shall take any action necessary or appropriate to provide the Dwellings by use of funds authorized for the project. This section shall be construed to authorize the Agency to exceed the maximum amounts which may be paid under Sections 404 and 405 on a case-by-case basis for good cause. No Person shall be required to move from his Dwelling unless comparable replacement housing is available to that Person. Following the determination that comparable replacement housing cannot be made available the Agency shall develop or cause to be developed a replacement housing Dlan to produce a sufficient number of comparable replacement Dwellings. The plan shall specify how, when and where the housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as appropriate, the suitability of the location and environmental impact of the proposed housing, the arrangements for maintaining rent levels appropriate for the Persons to be rehoused, and the disposition of proceeds from rental, sale, or resale of such housing. If a referendu~ requirement or zoning presents an obstacle, the issue shall be addressed. B. (702) Nondiscrimination; Affirmative Action. All contracts and subcontracts for the-construction, rehabilitation or management of last resort housing shall be let without discrimination as, to race, color, religion, ancestry, national origin, sex, marital status or other arbitrary circumstance and pursuant to an affirmative action program. The Agency shall encourage participation by minorit~ Persons in all levels of construction, rehabilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the Agency shall seek to secure significant participation of minorities in these activities. The Agency shall require that, to the g~eatest extent feasible, opportunities for training and employment arising in connection with the planning, construction, rehabilitation and operation of last resort housing be given to Persons of low income residing in the area of such housing and shall determine and implement means to secure the participation of Small Businesses in the performance of contracts for such work. 09/05/90 0677u/262-' ~, 000 -51- c. ('703) Citizen Participation. 1. If the need for last resort housing exceeds twenty-five (25) units, ~he Agency shall establish a committee which will consult with and provide advice and assistance to the Agency in the development of the plan. The committee should include appointed representatives of the displacing entity and state and local agencies knowledgeable regarding housing in the area, including but not limited to the local housing authority and the central relocation agency, if any. In addition, the committee should include representatives of other appropriate public groups (for example, local and area wide 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 Agency or elected by the residents, as the residents wish. Resident 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-hal£ 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 City Council of the City of Anaheim may substitute its approval. D. (704) Submission of Plan for Comment. The Agency shall submit the plan and all significant amendments to the Department of Housing & Community Development and local housing and planning agencies for comment and to assure that the plan accurately reflects housing ~¢onditions and needs in the relocation area. Reviewing agencies shall have thirty (30) calendar days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested Persons. General notice of the plan shall be provided. Notice shall be designed to reach the residents of the relocation area; it shall be in accordance with the provisions of paragraph 4 of Section 203 and subsection 203(1)(c) and it shall be provided 30 days prior to submission to the committee, or the City Council of the City of Anaheim. E. (705) Determination by Agency of Feasibility and Compliance. Upon receipt and consideration of the comments, the Agency shall determine whether: 09/05,/90 0677u/2621/000 -52- i. The plan is feasible. 2. The plan complies with applicable environmental standards and procedures. 3. The plan is compatible with the General Plan of the City of Anaheim and housing element of the General Plan and the area wide housing plan or strategy. If any of the above determinations by the Agency is negative the Agency shall revise the plan as necessary. Substantial modifications in the plan shall be submitted for review and comment as provided in section 704. If necessary for timely implementation of the plan or execution of the project, the Agency may shorten the time allowed in Section 704 for review of modifications. F. (706) Implementation of Replacement Housing Plan. Upon making the determinations required by Section 705, the Agency 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 £ollowing: .. 1. Transfer of funds to state and local housing agencies; 2. Contract with organizations experienced in the development of housing; 3, Direct development, rehabilitation or construction by the Agency; 4. Financing of development~ rehabilitation or construction by the Agency; 5. Provide payment of relocation benefits to tenants or homeowners temporarily displaced due to rehabilitation of housing, where said rehabilitation is a result of the Agency's financing or direct involvement; 6. Provide housing subsidies as permitted by law. Whenever possible, the Agency shall use the services of federal, state, or local housing agencies or other agencies having experience in the administration or conduct of similar housing programs. 09/05/90 0677u/'262 i/000 - 53- G. (707) Conformity with Statutes and Regulations. The provision of last resor~ housing by ~he Agency shall be in accord with ~he provisions of Ehe Rumford Act (Health L Safety Code Sections 35700, e__~t se__~c.), Section 1 of the Civil Rights Act of 1866, Title VI of ~he Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act (Civil Code Sections 51, et sec.), the California Fair Housing Law (Public Resources Code Sections 21100, et .seq.), and the California Environmental Quality Act of 19-~0, and regulations issued pursuant thereto. H. (708) Monitoring Housinq Production. The Agency shall monitor the production of last resort housing to ensure that it is in accordance with the plan. I. (709) Retention Of Benefits Upon Move To Last Resort Housing. The Agency shall not require a displaced resident to accept last resort housing in lieu of the displaced resident s Acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. J. (710) Last Resort Housinq Payments. If Last Resort Housing .is to be provided by making payments above the maximum Replacement Housing Payment provided in Section 405, these payments shall be administered as follows: 1. The Displaced Person must meet the criteria established for eligibility for a rental assistance payment pursuant to Section 405. 2. The Last Resort Housing Payment will be computed as follows: a. The amount of comparable replacement housing (including utilities~ or the amount of actual replacement housing, whichever is less, will be used as the base rent figure. b. From this figure, twenty-five percent (25~) of the verified income of the displaced Family or Person, or gross Project Area rent (including utilities) whichever is less, will be subtracted. ' c. The difference between paragraphs (a) and (b) will be divided into five thousand two hundred and fifty dollars ($5,250), which will result in the number of months the five thousand two hundred and fifty dollar ($5,250) Rental Assistance Payment subsidy would last. 09/05/90 0671u/262i '000 -54- d. The result of Step c. will be sub,racked from forty-eight (48) months, representing ~he Last Resort Housing subsidy period. e. Twenty-five percent (25~) of the income, or gross project rent, whichever is greater, will be subtracted from the amount of comparable housing (including utilities) or the amount of actual replacement housing (including utilities), whichever is less. f. This amount will then be multiplied by the number of remaining months calculated in Step d. above, resulting in the total amount of the Last Resort Housing Payment. g. If the displaced Family or Person has refused to verify or disclose income, the payment described in Section 405 will be final and no payment will be available. h. If the balance of the computation outlined in paragraphs (c), (d), (e), and (f) above exceeds $5,250, and if the claimant remains eligible for Last Resort Housing payments based on the criteria described in paragraph (j). below, then Last Resort Housing Payments will be made to the claimant subjec..t to Agency review and discretion, on a case-by-case basis, as follows: (1) In a lump sum one year from the date of displacement, or (2) Annually, in the amount of twelve (12) months times the amount calculated in paragraph (h) above the subsidy required each month; or (3) At some other-interval. i. The first annual Last Resort Housing payment will be made on the 'date determined by paragraph c. above (the date when the $5,250 Replacement Housing Payment.is used up) and annually 'thereafter until the total amount of the Last Resort Housing Payment (as calculated in paragraph (f) above) is completely paid. j. At the time such annual payments are made, the replacement housing will be inspected to certify that it meets the standard of a comparable replacement Dwelling, as a condition of payment eligibility. k. The Agency reserves the right to evaluate on a case-by-case basis, and waive the Replacement Housing Payment eligibility requirements, to permit the authorization 09/05/90 06'77u/262!/000 -55- of the Last Resort Housing Payment when the Agency, an its sole discretion, determines that such payment ls justified. VIII. (~00) GRIEVANCE PROCEDURES. A. (801) Right of Review. Any Person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the Agency to provide comparable permanent or adequate temporary replacement housing or the Agency's property management practices may, at his election, have his claim reviewed and'reconsidered by the Agency or an authorized designee (other than the Person who made the determination in question) in accordance with the procedures set forth below. B. (802) Notification of Decision. If the Agency denies or refuses to consider a claim, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons and the applicable procedures for obtaining review of the decision. If necessary to provide the information in the language most easily understood by the recipient, such notification shall be printed in a language other than English. c. (803)- Stages of Review. 1. Request for Further Written Information. A complainant may request the Agency to provide him with a full written explanation of its determination and the basis therefore, if he feels that the explanation accompanying the payment of the claim or notice of the Agency s determination was incorrect or inadequate. The Agency shall provide such an explanation to the complainant within three (3) weeks of-its receipt of his request. 2. Informal Oral'Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. The right to formal review and reconsideration shall not be conditioned upon requesting an informal oral presentation. Within fifteen (15) days of the request, the Agency shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other Person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the Executive Director of the Agency or a designee (other than the Person who made the initial determination) having authority to revise the 09/05/90 0677u/2621/000 -56- initial determination on the claim. The Agency shall make a summary of the matters discussed in the oral presentation to be lncluded as part of its file. The Wxecutive Dlrector of the Agency (or his designee) shall notify the complainant in' writing of his determination withln fifteen (15) days of the oral presentation. 3. Formal Review and Reconsideration. a. Recruest for Review. At any time within the period described in Section 804 below, a complainant may file a written request for formal review and reconsideration by the Relocation Appeals Board established pursuant to Health & Safety Code § 33417.5. In the request for review, the complainant may include 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 may be granted additional time. The Relocation Appeals Board shall consider every aggrieved Person's complaint regardless of form, and shall, if necessary, provide assistance in preparing the written request for review. b. Notice of Procedures. When a complainant seeks review, the Relocation Appeals Board shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as-may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. c. Review by Relocation Appeals Board. The Relocation Appeals Board sha~l promptly hear all complaints brought'by aggrieved Persons of a redevelopment Project Area relating to relocation and shall determine if the Agency has complied with the provisions of the Community Redevelopment Law pertaining to relocation, the Act, the Guidelines, these Regulations, and where applicable federal law. The Relocation Appeals Board shall after public hearing, transmit its findings and reccmmendations to the Agency Board, including any recommendations for modification of the Agency's initial or modified deEermination. d. Scope of Review. The Relocation Appeals Board shall review and consider the initial determination of the Agency in ~he complainant's case in light of- o9/o5/9o 0677u/262 i/000 - 57- (I) All maZerial upon which %he Agency based its original determination, including all applicable rules and regulations, except that no evidence shall be relied upon where a complainant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness; (2) The reasons given by the complainant for requesting review and reconsideration of the claim; (3) Any additional written or relevant documentary material submitted by the complainant; (4) Any further information which the Relocation Appeals Board in its discretion obtains by request, investigation, or research, to ensure fair and full review of the claim. -.e. Findings and Recommendations by Relocation Appeals Board. The findings and recommendations of the Relocation Appeals Board shall include: (1) A determination regarding whether the Agency has complied with the Act and the Guidelines, and where applicable with federal law, pertaining to the relocation; (2) Recommendations for modification of the Agency's initial determination. (3) Th~ factual and legal basis upon for the findings and recommendations of the Relocation Appeals Board including any pertinent explanatio~ or rationale; (4) A statement to the complainant that the findings and recommendations of the Relocation Appeals Board will be transmitted to the "Agency Board" for a final administrative decision with respect to the claim. 09/05/90 0677u/2621/000 -58- The findings and recem~mendatiens of the Relocation Appeals Board shall be in writing and copies thereof shall be provided to the compiainan~ and ~ransmi~ted to the Agency Board. The Relocation Appeals Board shall issue £indings and recommendations as soon as possible, but no later than three (3) weeks from receipt o£ the last material submitted for consideration by the complainant or the date of the hearing, whichever is later. In the case of complaints recommended for dismissal for untimeliness or for any other reason not based on the merits of the claim, the time limit for issuing the findings and recommendations shall be reduced to ten (10) days. · (f) Final Determination by Agency Board. After receipt-of the written findings and recommendations of the Relocation Appeals Board, the Agency Board shall review and reconsider the initial de'termination of the Agency on the claim. The Agency Board may, but is not required to, conduct a hearing de novo with respect to tke claim, as it deems necessary. The complainant shall be given at least ten (10) days written notice prior to the matter being heard. -The Agency Board shall base its final decision on a claim upon the record compiled in cor~nection with the proceedings of the Relocation Appeals Board and the record of the hearing (if any) held by the Agency Board. The final determination on review by the Agency Board shall include, but is not limited to: (1) The Agency Board's decision on reconsideration of the claim; (2) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale; (3) A statement to the complainant that administrative remedies have been exhausted and that judicial review may be sought. The final determination of the Agency Board shall be in writing and a copy thereof shall be provided to the complainant. The Agency Board shall issue its determination as soon as possible, but no later than three (3) weeks from receipt by the Agency Board of the written findings and 09/05/90 0677u/262 !/000 -59- recommendations of the Relocation Appeals Board. In the case of complaints dismissed for untimeliness or for any reason not based on the merits of the claim, the Agency shall furnish a written sta~emen~ ~o ~he complainant stating the reason for dismissal of the claim as soon as possible but no later than two (2) weeks from the receipt of the. last material submitted by the complainant or the date of the hearing, whichever is later. D. (804) Time Limit for Requesting Review. Any request for review under paragraph 2 (informal review) and paragraph 3 (formal review) of Section 803 shall be filed in writing with the specified reviewing authority within eighteen (18) months following the date of moving from the property or the date of receiving final compensation for the acquired property (if a displaced Owner), whichever is later. E. (805) Stay of Displacement Pending Final Determination. If a complainant seeks to prevent displaCement, the Agency shall not require the complainant to move until at least twenty (20) days after the Agency has made its final determination and the complainant has had an opportunity to seek judicial review. In all cases the Agency shall notify the complainant in writing at least twenty (20) days prior to the proposed new da~e of displacement. Any complaint seeking to prevent displacement must be brought within thirty (30) days of service by the Agency of a notice to vacate. Such notice to vacate must include notice that any complaint seeking to prevent displacement must be filed within thirty (30) days. F. (806) Joint Complainants. Where more than one Person is aggrieved by the failure of the Agency to refer them to comparable permanent or adequate temporary replacement housing, the complainants may join in filing a single written request for review. A determination shall be made as herein provided for each of the complainants. G. (807) Right to Counsel. Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in this Section. H. (808) Review of Files by Claimant. Except to the extent that confidentiality of material'is protected by law or its disclosure is prohibited by law, the Agency shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. The Agency may impose reasonable conditions on such righ~ to inspect. If a claimant is improperly denied access to any 09/05/90 0677u/2621/000 -60- re!evan~ material bearing on ~he claim, such material may not be relied upon in reviewing the initial determination. I. (809) Recommendations by Third Party. Upon agreement between the claiman5 and the Agency, a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to the Agency for its final determination. In reviewing the claim and making recommendations to the Agency, the third party or parties shall be guided by Section 800. J. (810) Effect of Determination on Other Persons. The principles established in all determinations by the Agency 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. K. (811) Judicial Review. Nothing in Section 800 shall in any way preclude or limit a claimant from seeking judicial review of his claim upon exhaustion of such administrative remedies as are available under Section 800. ix. (9oo) ACQUISITION PRACTICES. A. (9~1) Acquisition of Property by Negotiation. The Agency shall make every reasonable effort to acquire real property by negotiation expeditiously. In order to do so, the Agency shall, to the greatest extent practicable, be guided in' its property Acquisition practices by the provisions of this Section 900. Provided however, that the provisions of the following paragraphs B, C, D and F shall not apply to the Acquisition of any easement, right-of-way, covenant, or other interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septi? tanks, or storm water drains. B. (902) Appraisal of Property. Before the Initiation of Negotiations the Agency shall have the propert~ appraised, giving the Owner or the Owner's designated representative an opportunity by reasonable advance written notice, to accompany the appraiser during the inspection of the property. However, the Agency may prescribe a procedure to waive the appraisal in cases involving the Acquisition by sale or donation of property with a fair market value estimated at two thousand five hundred dollars ($2,500.00) or less based on a review of available data. C. ( 903 ) Notices. i. Notice of Decision %o Appraise. The Agency shall provide the Owner with wrltten notice of its decision to 09/05/90 0677u/262 ~ /000 -61- appraise ~he real property as soon as possible after the decision to appraise has been reached. AZ a minimum the notice shall s~aTe the following- a. A specific area is being considered for a par%icu!ar public use~ area; b o The Owner's property is located within the c. The Owner's property, which shall be generally described may be acquired in connection with the public use; d. A statement that the Owner or the Owner's representative (designated in writing) shall be given the opportunity to accompany each appraiser during an inspection of the property. 2. Notice of Land Ac,c/uisition Procedures. At the time the Agency notifies an Owner of its decision to appraise real property it shall furnish the Owner with a written explanation of its land Acquisition procedures, describing in nontechnical, understandable terms the Agency's Acquisition procedures and _.the principal rights and options available to the Owner. The statement shall include the following explanations: a. A description of the basic objective of the Agency's land Acquisition program and a reference to the availability of the Agency's statement covering relocation benefits for which an Owner may be eligible; b. A statement that if the Acquisition of any part of the real property would leave .the Owner with an uneconomic remnant the Agency will offer to acquire the uneconomic remnant, if the O,wner so desires; c. A statement that the Owner or his representative, designated in writing, shall be given the opportunity to accompany each appraiser during his inspection of the property. d. A statement that, if the Owner is not satisfied with the Agency's offer of just compensation, he will be given a reasonable opportunity to present relevant material, which the Agency will carefully consider, and that if a voluntary agreement cannot be reached, the Agency (as soon as possible) will either institute a formal condemnation proceeding against the property or abandon its intention to acquire the property, giving notice of its intention not to acquire in accordance with Section 910. 09/05/90 0677u/2621/000 -62- e. A s~a~ement that const development of a project shall be so schedu ] &W~' ~ ~ V . ~ - ~-_ occupying re~! ~roper~y shall be a Dwelling (assuming a comparable replaceme available) or to move his business or Earm Operation without at leas~ 90 days written notice from the Agency of the date by which the move is required~ f. A statement that, if arrangements are made to rent the property to an Owner or his tenant for a short term or for a period subject to termination by the Agency on short notice, the rental will not exceed the lesser of the fair rental value of the property to a short term occupier or the pro rata portion of the fair 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 paragraph 6 of Section 103. ) D. (904) Establishment ~f Just Compensation. 1. General. Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the Acquisition of real property, the Agency shall establish an amount which it believes to be just compensation for the property, and shall make an offer to the Owner or Owners of record to acquire the property for the full amount so established, unless the Owner cannot be located with reasonable diligence. The offer may be conditioned upon the Agency's ratification of the offer by execution of a contract of Acquisition or adoption of a resolution of necessity, or both. In no, event shall the amount be less than the Agency's approved appraisal of the fair market value of the property. The determination of just compensation shall be based upon consideration of: a. The reaI property being acquired; and b. Where the real property acquired is part of a larger parcel, the injury or benefit if any to the remainder. ' , c. Loss of goodwill, where the Owner of the real property, is also the Owner of a business conducted upon the property to be acquired or on the remainder and where the provisions of the ~minent Domain Law (Code of Civil Procedure §§ 1230.010, et seqa) pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other 09/05/90 0677u/2621/000 -63- circumstances resui-~ng~= i~'~. ?--obab!e re~en~ion o~~ old or Acquisition of new ~atronage. Any decrease or increase in the fair market value of real property to be acquired prlor to zhe date of valuation caused by the project for which such proper~y is acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the Owner or occupant, will be disregarded in determining the compensation for the property. 2. Exception for Property Offered by Owner. Notwithstanding paragraph 1 above, the Agency may make an offer to the Owner or Owners of record to acquire real property for less than an amount which it believes to be just compensation therefor if: (a) the real property is offered for sale by the Owner at a specified price less'than the amount the Agency believes to be just compensation therefor: (b) the Agency offers a price which is equal to the specified price for which the property is being offered by the Owner; and ._ (c) no federal funds are involved in the Acquisition, construction, or project development. "Offered for sale" means any of the following: a. Directly offered by the Owner to the Agency for a specified price in advance of negotiations by the Agency. b. Offered for sale to-the general public at an advertised or published, specified price set no more than six (6) months prior to and still available at the time the Agency initiates contact, with the landowner regarding the Agency's possible Acquisition of the property. E. (90S) Entire Property. Donation of Property, Acquisition of 1. Exception for Property or Compensation Donated by Owner. A Person whose real property is being acquired in accordance with the Act may, after the Person has been fully informed of his or her right to receive just compensation for the property donate the property, any part thereof, any interest therein or any compensa%ion paid therefor to a public entity determined by the Person. 09/05/90 0677u/£62- '000 -64- 2. Uneconomic Remnant. Whenever a part of a parcel of property is to be acquired by the Agency for a public use and the remainder or a portion of The remainder will be lef~ in such a shade or condition as to constitute mn uneconomic remnant," the Agency shall offer to acqn~ire the entire property if the Owner so desires. An "uneconomic remnant" is a parcel of real property in which the Owner retains an interest after partial Acquisition of his property and which has little or no utility or value to such Owner. Whether a part of a parcel constitutes an uneconomic remnant is subject to review and approval of the Agency. F. (906) Initiation of Negotiations. 1. Written Offer. The Agency shall make its first written offer to acquire the property as soon as practicable following service of the Notice of Decision to Appraise. Such offer shall be made as soon as possible after the amount of just compensation is established and for the full amount so established. 2. Statement of the Basis of Just Compensation. At the time the Agency makes its offer to acquire the p~operty it shall provide the Owner with a written statement of the basis for determination of just compensation. The statement shall include "the following: a. A general statement of the public use for which the property is to be acquired; b. A description of the location and extent of the property to be taken with sufficient detail for reasonable identification and the interest to be acquired; c. An inventory identifying the buildings, structures, fixtureS, and other improvements; d. A recital of the amount of the offer and a statement that such amount: (1) Is the full amount believed by the Agency to be just compensation for the property taken; (2) Is not less than the approved appraisal of the fair market value of the property; (3) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the project for which the property is to 09/05/90 0677u/2621/000 -65- be acquired, or by ~he likelihood ~hat the property would be acquired for such project, other than that due Eo physical deterioration within the reasonable control of the Owner or occupant; (4) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the Owner is entitled to receive under an agreement with the Agency, except for an amount to compensate the Owner for that portion of loss of goodwill under the Eminent Domain Law (Code of Civil Procedures §§ 1230.010, et seq.); G. (907) Compensation for Loss of Goodwill. At the initiation or. negotia{ions the Agency shall make every reasonable effort to provide written notification to t, he Owner of a business conducted on the real property to be acquired or on the remainder, who is not also the Owner of the real property, concerning his possible right to compensation for loss of goodwill. The public entity should include a copy of the pertinent ~rovisions of the Eminent Domain Law (Code of Civil Procedures §§ 1230.010, et seq.). Notwithstanding any other provisions of Section 900 to the contrary, the procedure for determining and offering compensation for loss of goodwill in connection with the Agency's Acquisition of any property shall be governed by the following: 1. Compensation Gen4~ally. With respect to the Owner of a business conducted on property acquired by the Agency, or on the remainder if such property is part of a larger parcel, the amount of,just compensation to be paid by the Agency may include consideration of loss of goodwill to the extent required by law. ' Within the meaning of this Section, "goodwill". consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or Acquisition of new patronage. In order to be entitled to compensation for loss of goodwill such Owner of a business shall first have proved all of the following: a. The loss is caused by the Acquisition of the property or the injury to the remainder; 09/05/90 0677u/2621/000 -66- b. The loss cannot reasonably be prevenued by a relocation of the business or by taking steps and ado~ing procedures that a reasonably prudent Person would take and adopt in preserving the goodwill: c. Compensation for the loss will not be included in payments under Section 500; d. Compensation for the loss will not be duplicated in the compensation otherwise paid to the Owner. 2. Notice of Intent to Claim Loss of Goodwill. Prior to a business completing its relocation from property acquired by the Agency or prior to the date such business discontinues, the Owner of such business may notify the Agency that he intends to attempt to make the proofs provided for in paragraph 1 of this Section above. 3. Conference to Discuss Eligibility to receive Compensation for Loss of Goodwill. Upon receipt of the Notice of Intent to Claim Loss of Goodwill, a committee appointed by the Executive Director of the Agency or his designee, shall confer with the claimant regarding the issues set forth in paragraph I of this Section above. Based upon review and consideration of information presented of said conference, the committee wilI'make a recommendation to the Agency as to whether or not a goodwill appraisal should be made. The recommendation of the committee shall be communicated to the Agency. If the Agency concurs in the committee's recommendation, the Agency shall authorize a goodwill appraisal; provided, however, that the Agency' s determination to authorize a goodwill appraisal shall be for purposes of negotiation and shall not be binding upon the Agency in any eminent domain proceeding. In the event that the Agency authorizes an appraisal of goodwill, if any, notice of this decision shall be given to the business Owner/claimant. . 4. Business Records; Authorization to Negotiate. The Owner of the business shall provide to the Agency such business records as the Agency may require, including but not limited to state income tax returns, financial statements and accounting records, for confidential use for the purpose of appraising the loss of goodwill of the business. The Agency shall thereafter authorize negotiations with the business Owner/claimant regarding the claim for loss of goodwill. Offers made by the Agency to settle claims for lost goodwill shall be not less than the amount of the Agency's approved appraisal of the loss of goodwill of the business. 5. Calculation of Net Amount of Just Compensation for Loss of Goodwill for Negotiation Purposes. The %gency shall calculate the amount it believes to be the net amount of 09/05/90 0677u/2621/000 -67- ]usY compensation for loss of goodwill to which the business is entitled, considering: a. The amount the Agency believes for nego~!aEing purposes to be the total mmoun~ of loss of goodwill of the business; and b. Any compensation for loss of goodwill the Agency determines is included in payments made or to be made under Section 500. 6. Notice to Owner; Written Offer. As soon as possible after the net amount of just compensation(if any) for loss of goodwill has been calculated, the Agency shall make its written offer to the business Owner/claimant to compensate the claimant in such amount. 7. Eminent Domain. Notwithstanding any other provision of this Section to the contrary, in the event an eminent domain proceeding is brought by the Agency to acquire any property, the Owner of any business thereon shall seek compensation for loss of goodwill in correction with such eminent domain proceeding, and the failure to do so shall constitute a waiver of compensation for loss of goodwill. Additional Information. 1. If after receiving the Agency's offer the Owner requests additional information regarding the determination of just compensation, the Agency may provide the following information to the extent that the determination of just compensation is based thereon: a. The date of valuation used. 0 . The highest and best use of the property. c. The applicable zoning. d. Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value. e. If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification. 2. With respect to each sale, contract, or lease prcvided in accordance with paragraph 1.d above the following data should be provided: 09/05/90 0677u/2621/000 -68- a. The names and business or residence addresses, if known, of the parties to the transaction. b . the ~ransaction. The location of the property subject to c. The date of transaction. d. The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circumstances, the Agency 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 no~ apply to requests made after an eminent domain proceeding is commenced. I. (909) Tenant Property Interests. Nothing in Section 900 shall be construed to deprive a tenant of the right to obtain payment for his property ~nterests as otherwise provided by law. As soon as practicable after the Initiation of Negotiations tke Agency shall provide written notification to the Owner of a business conducted on the real property to be acquired or on the remainder, who is not also the Owner of the real property, concerning his possible right to compensation for loss of goodwill. The Agency shall include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure §§ 1230.010, et seq.) and these Requlations. J. (910) Negotiations; Eminent Domain. Prior to the commencement of an eminent domain proceeding to acquire . real property: 1. The Agency shall make reasonable efforts to discuss, with the Owner its offer to purchase the Owner's real property; 2. The Owner shall be given reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the Agency shall carefully consider the Owner's presentation; 3. If the evidence presented by an Owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the Agency shall have its appraisal updated; 09/05/90 0677u/2621/000 - 69- 4. If a modification in the Agency's determination of jus~ compensation is warran5ed, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the Owne r. In no event shall the Agency 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 power of eminent domain the Agency shall promptly institute formal condemnation proceedings. The Agency shall not intentionally make it necessary for an Owner to institute legal proceedings to prove the fact of the taking of his property. K. (911) Notice of Decision Not to Acquire. Whenever the Agency has forwarded a Notice of Intent to Displace or a Notice of Decision to Appraise, or has made a firm offer and subsequently the Agency decides not to acquire the property, the Agency shall serve a notice in writing to the Owner, all Persons occupying the property and all other Persons potentially eligible for relocation payments and assistance. The notice shall state that the Agency has decided not to acquire the property. It shall be served not later than ten (10) days following the date of the Agency's decision not to acquire. Upon receipt of such notice any Person shall be deemed not to be a Displaced Person. L. (912) Incidental Expenses. If the real property is acquired by purchase the Agency shall-reimburse the Owner for all reasonable expenses the Owner necessarily incurred incidental to the conveyance,of such property to the Agency. Among the expenses requiring payment are the following: 1. Recording fees, transfer fees and similar expenses incidental to conveying the real property; 2. The pro rata portion of charges for public service such as water, sewage, and trash collection which are allowable to a period subsequent to the date of transfer of title to the Agency, or the effective date of possession Of such property by the Agency, whichever is earlier. The Agency shall inform the Owner that he may apply for a rebate of the pro rata portion of any real property taxes paid. o9/o5/9o 0677u/2621/000 -'70- M. (913) Purchase Price As Pub!lc Information. Subsecuent to the completion of the real estate transaction, the purchase price and other consideration paid by the Agency for real property is public information and shall be made available upon request. N. (914) Service of Notice. Service of all notices required by Section 900 shall be made either by first class mail or by personal service upon the Person notified. O. (915) Short Term Rental. If the Agency permits an Owner or tenant to occupy the acquired real property on a rental basis for a short-term or for a period subject to termination by the Agency on short notice, the amount of rent required shall not exceed the lesser of the fair rental value to a short term occupier or a pro rata portion of the fair rental value for 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 paragraph 6 of Section 103). 09/05/90 0677u/262!/000 -71-