HomeMy WebLinkAboutRDA Res 77-05 1977-06-13
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RESOLUTION NO. 11--5
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH ADOPTING RULES AND REGULA-
TIONS RELATIVE TO RELOCATION ASSISTANCE AND
ACQUISITION OF REAL PROPERTY.
THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS'FOLLOWS:
Section 1. The California Relocation Assistance and Real Property
Acquisition Guidelines ("the Guidelines"), attached hereto as Exhibit A,
are hereby approved and adopted as the rules and regulations governing
relocation assistance and real property acquisition by the Agency,
except as to the following Sections of the Guidelines, which Sections
shall read as provided in this Resolution.
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Section 2. Section 6000 of the Guidelines shall provide
as follow5:
Article 1. General.
Order of Adoption
This chapter (hereinafter referred to as the "Guide-
lines") is adopted pursuant to the provisions of Section 41135,
6000.
Health and Safety Code, in order to implement, interpret and to
,make specific provisions of Division 7, commencing with Section
7260 of the Government Code (hereinafter referred to as the "Act"),
relating to relocation assistance and last resort housing.
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Section 3. Section 6002 of the Guidelines shall provide
as follows:
6002. Statement of Purpose and POlicy.
(a) The purpose of the Guideline is to assist public
entities in the development of regulations and procedures
implementing the Act.
(b) The Guidelines are designed to carry out the
following policies of the Act:
(1) To ensure that uniform, fair and
equitable treatment is afforded persons displaced from
their homes, businesses or farms as a result of the
actions of a public entity in order that such persons
shall not suffer disproportionate injury as a result of
action taken for the benefit of the public as a whole;
and
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(2) In the acquisition of real property by
a public entity, to ensure consistent and fair treatment
fer cwncrG cf rc~l prcpc~ty to b~ ~cquircd, to encourage
and expedite acquisition by agreement with owners of such
property in order to avoid litigation and relieve congestion
in courts, and to promc1te confidence in public land
acquisition.
(c) A public entity shall not participate in or under-
take a project that will displace individuals from their homes
unless comparable replacement dwellings (see subsection 6008(c))
will be available within a reasonable period of time prior to
displacement to the extent that it can be reasonably accomplished.
(d) The Guidelines are intended to establish only minimum
requirements for relocation assistance and payments. They shall
not be construed to limit any other authority or obligation
which a public entity may have to provide additional assistance
and payments.
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Section 4. Section 6006 of the Guidelines shall provided
as follows:
6006. Regulations.
(a) Each public entity before undertaking or partici-
pating in activity which will result in the displacement
of persons shall adopt rules and regulations that implement
the requirements of the Act, and prescribe additional proce-
dures and requirements that are appropriate to the particular
activities of the public entity and not inconsistent with the
Act or Guidelines.
(b) Rules and regulations issued under this section
shall be promptly revised as necessary, to conform to any amend-
ment of the Act.
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Section 5. Section 6008(c) of the Guidelines shall
provide as follows:
(c) Comparable Replacement Dwellinq. A dwelling which
satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in sub-
section 6008(d)), and comparable to the acquired dwelling
with respect to number of rooms, habitable living space
and type and quality of construction, but not lesser in
rooms or living space than necessary to accommodate the
displaced person. For purposes of computing the amount of
a replacement housing payment for a claimant displaced
from a mobile home, the cost of a "comparable" dwelling is
the reasonable cost of a comparable mobile home. This
applies irrespective of whether the claimant's replacement
dwelling is another mobile home or a conventional dwelling.
(2) In an area not subjected to unreasonable adverse
environmental conditions from either natural or manmade
sources, and not generally less desirable than the acquired
dwelling with respect to public utilities, public and
cO!!1!!1,:,rcial fe":oili.iities and nei.ghbornoon r.onditions,
including schools and municipal services, and reasonably
accessible to the displaced person's present or potential
place of employment; provided that a potential place of
employment may not be ~sed to satisfy the accessibility
requirement if the displaced person objects.
The Act and Guidelines do not require that
the replacement dwelling be generally as desirable as the
acquired dwelling with respect to environmental charac-
teristics. Though a displaced person does not have to
accept a dwelling subject to unreasonable adverse environ-
mental conditions, neither is a public entity required to
duplicate environmental characteristics, such as scenic
vistas or proximity to the ocean, lakes, rivers, forests
or other natural phenomena.
If the displaced person so wishes, every
reasonable effort shall be made to relocate such person
within or near to his existing neighborhood. Whenever
practicable the replacement dwelling shall be reasonably
close to relatives, friends, services or organizations with
whom there is an existing dependency relationship.
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(3) Available on the private market to the displaced
person and available to all persons regardless of race,
color, sex, marital status, religion, or national origin
in a manner consistent with Title VIII of the Civil Rights
Act of 1968.
(4) To the extent practicable and where consistent
with paragraph (c)(l) of this section, functionally
equivalent and substantially the same as the acquired
dwelling, but not excluding newly constructed housing.
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(5) Within the Financial Means of the Displaced
Person. A replacement dwelling is within the financial
means of a displaced person if the monthly housing cost
(including payments for mortgage, insurance and property
taxes) or rental cost (including utilities and other
reasonable recurring expenses) minus any replacement
housing payment available to the person (as provided in
sections 6102 and 6104) does not exceed twenty-five
percent (25%) of the person's average monthly income (as
defined in subsection 6008(1)). A replacement dwelling is
within the financial means of a displaced person also if
the purchase price of the dwelling including related
increased interes~ ~osts ~~d othpr reaRonahle exoenses (as
described in section 6102) does not exceed the total of'
the amount of just compensation provided for the dwelling
acquired and the replacement housing payment available to
the person (as provided in section 6102).
If a dwelling which satisfies these standards
is not available the public entity may consider a dwelling
which exceeds them.
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Section 6. Section 60J8(1) of the Guidelines shall
provide as follows:
(1) Gross Income. Gross income means the total annual
income of an individual, or where a family is displaced total
annual income from all sources of each member of the family
residing in the household who is 18 years of age or over
(except that the income of a head of household or his spouse
who is under 18 shall be included).
Gross annual income is based on the l2-month period
prior to displacement. It is divided by 12 to ascertain the
average monthly gross income. If the local agency determines,
on a case by case basis that use of the l2-month period prior
to displacement would result in a hardship to the claimant, an
'alternate period, actual or projected, may be used in such
exceptional situations.
Section 7. Section 6010 of the Guidelines shall be deleted.
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Section 8. Section 6016 of the Guidelines shall be deleted.
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Section 9. Section 6030 of the Guidelines shall
provide as follows:
6030. Purpose. The purpose of this part is to set forth
requirements wiLh respect to the development and implementation
of a relocation assistance advisory program for the provision
of specified services and to prescribe the obligation of a
public entity not to displace or cause the displacement of any
person from his dwelling without adequate notice and unless
comparable replacement housing is available, to the extent that
it can be reasonably accomplished.
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Section 10. Section 6032 of the Guidelines shall
provide as follows:
6032. Relocation Assistance ~dvisory Program. Public entities
shall develop and implement a relocation assistance advisory
program which satisfies the requirements of this article and of
Title VI of the Civl Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, the Unruh Civil Rights Act and the
Rumford Act. Such program shall be administered so as to
provide advisory services which offer maximum assistance to
minimize the hardship of displacement and to ensure that, to
the extent that it can be reasonably accomplished, (a) all
persons displaced f.rom their dwellings are relocated into
housing meeting the criteria for comparable replacement
,housing, and (b) all persons displaced from their places of
business or farm operations are assisted in reestablishing
with a minimum of delay and loss of earnings.
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Section 11.
Section 6038(a) of the Guidelines shall
provide as follows:
6038. Relocation Plan.
(a) As soon as possible following the initiation of
negotiations a public entity shall prepare a Relocation Plan
and submit it for approval to the local legislative body, or in
the case of a state agency, the head of the agency. When the
pUblic entity's action will only result in an insignificant
amount of non-residential displacement, the requirements of
this section need not be satisfied.
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Section 12. Section 6040(a)(3) of the Guidelines shall
provide as follows:
(3) Assure eligible persons that within a reasonable
period of time prior to displacement to the extent that it can
be reasonably accomplished, there will be available comparable
replacement housing, meeting the criteria described in section
6008(c), sufficient in nu~ber and kind for and available to
such eligible persons.
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Section l3. Section 6040(a)(4) of the Guidelines shall
provide as follows:
(4) Provide current and continuing information on
the availability, prices, and rentals of comparable sales and
rental housing, and of comparable commercial properties and
locations.
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Section 14. Section 6042(a) of the Guidelines shall
provide as follows:
(a) No eligible person shall be required to move from his
dwelling unless within a reasonable period of time prior to
displacement comparable replacement dwellings (as defined in
subsection 600S(c)) or, in the case of a temporary move (as
defined in section 6044), adequate replacement dwellings (as
defined in subsection (b) below) are available to such person,
to the extent that it can be reasonably accomplished.
Section 15. Section 6042(e) of the Guidelines shall
provide as follows:
(e) Waiver. The requirement in subsection (a) above
may be waived when immediate possession of real property is of
crucial importance and by one of the following circu~stances:
(1) When displacement is necessitated by a major
disaster as d~fin~d in Section 102(2) of the "Disaster
Relief Action of 1974" (88 Stat. l43, 42 U.S.C. 5121).
(2) During periods of declared national or state
emergency.
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Section 16. Section 604B(a)(1) of the Guidelines shall
provide as follows:
6048. Survey and Analysis of Relocation Needs.
(a) (1) Requirement. As soon as it can be reasonably
accomplished following the initiation of negotiations
interview all eligible persons, business concerns,
including nonprofit organizations, and farm operations to
obtain information upon which to plan for housing and
other accommodations, as well as counseling and assistance
needs.
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Section 17. Section 6050 of the Guidelines shall be
deleted.
Section 18. Section 6052(d)(4) of the Guidelines shall
be deleted.
Section 19. Section 6052(e) of the Guidelines shall be
deleted.
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Section 20. Section 6054 of the Guidelines shall
provide as follows:
6054. Last Resort Housina.
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(a) No eligible person shall be required to move from
his dwelling because of the action of a public entity unless
comparable replacement housing is available to him, to the
extent that it can be reasonably accomplished.
(b) Deleted.
(c) If the action of a public entity has resulted
or is resulting in displacement and comparable replacement
,housing is not available as needed, the public entity may
use its funds, or funds authorized for the project to provide
such housing (see Article 4).
(d) Deleted.
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Section 21. Section 6090(b)(2)(B) of the Guidelines
shall provide as follows:
(B) The cost shall be found by the public
entity to be required by law or ordinance or to be
otherwise necessary to the reestablishment of the
displaced business or farm. Costs incurred for the
connection of utility services to relocated equipment
or for converting or adapting relocated equipment to
comply with the requirements of the Occupational
Safety and Health Act (OSHA), the National Environ-
mental Protection Act (NEPA), or local codes or
ordinances, are not compensable if the business
concern was required to meet them at the former
location but did not do so. If the requirements
apply only to the new location or if there is a
verifiable grandfather clause operative which ex-
cluded the business concern from compliance with the
requirements until it moved, the costs would be
compensable as a moving expense.
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Section 22. Section 6094(b)(3) of the Guidelines
shall provide as follows:
(3) The cost of any license, permit or certifi-
cation required by a displaced business concern to the
extent such cost is necessary to the reestablishment of
its operation at a new location. The amount may not
exceed the amount that the business concern would be
required to pay annually.
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Section 23. Section 6094(c) of the Guidelines
shall provide as follows:
(c) Advance Payments. A displaced person may be
paid for his anticipated moving expenses in advance of the
actual move. A public entity may provide advance payment
whenever later payment would result in financial hardship.
Particular consideration shall be given to the financial
limitations and difficulties experienced by low and moderate
income persons and small farm and business operations.
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Section 24. Section 6094 of the Guidelines shall provide
as follows:
6094. Actual Reasonable Expenses in Searchin~ for a Replacement
Business or Farm. ~ displaced person who satlsfies the pertinent
eligibility requiremens of section 6090 with respect to actual
reasonable moving expenses, shall be eligible for a payment in
an amount not to exceed $500, in searching for a replacement
business or farm, including expenses incurred for:
(a) Transportation expenses within a radius of 50 miles
from the boundaries of the political jurisdiction in which
the displacement will occur, at a mileage rate not to
exceed the amount normally paid by the local agency for
travel of its staff.
(b) Meals and lodging away from homei
(c) Reasonable time spent in searching, based on the
hourly wage rate of the salary or earnings of the dis-
placed person or his representative, but not to exceed $10
per houri and
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(d) Reasonable fees paid to a real estate agent or broker
to locate a replacement business or farm.
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Section 25. Section 6100(d) of the Guidelines shall
provide as follows:
(d) Requirements -- Farms. In the case of a farm opera-
tion, no payment shall be made under this section unless the
public entity determines that the farm met the definition of a
farm operation prior to its acquisition and, during the two
taxable years prior to displacement, the farm (1) had average
annual gross receipts of at least $2,000, or (2) had average
annual net earnings of at least $1,000, or (3) contributed at
least 33-l/3 percent (33-1/3%) of the average annual gross
income of the owners or operators of the farm. If the displace-
ment 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.
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Section 26. Section 6012(a) of the Guidelines shall
provide as follows:
6112. Mobile Homes.
(a) General. A moblie home is a dwelling. (See subsection
6008(g).) A person displaced from a mobile home must satisfy
the same eligibility requirements and must be provided the same
assistance, assurance and pay~ents as a person dispaced from a
conventional dwelling. For purposes of computing the amount of
a replacement housing payment for a claimant displaced from a
mobile home, the cost of a .comparable" dwelling is the reason-
able cost of a comparable mobile home. This applies irrespec-
tive of whether the claimant's replacement dwelling is another
mobile home or a conventional dwelling.
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Section 27. Section 6120 of the Guidelines shall provide
as follows:
6120. Purpose. The purpose of this part is to set forth
the criteria and procedures for assuring that if the aciton of
a public entity results, or will result in displacement, and
comparable replace~ent housing will not be available as needed,
the public entity may use its funds or funds authorized for the
project to provide such housing.
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Section 28.
Section 6122 of the Guidelines shall provide
as follows:
6122. Determination of Need for Last Resort Housing. If on
the basis of data derived from surveys and analyses which
satisfy the requirements of sections 6048 and 6052, the public
entity is unable to demonstrate that comparable replacement
housing will be available as required, the public entity may
determine whether to use the public entity's funds or the funds
authorized for the project to provide such necessary replacement
housing or to modify, suspend or terminate the project or
undertaking.
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Section 29. Section 6l24(a) of the Guidelines shall provide
as follows:
6124. Development of Replacement Housing Plan.
(a)(l) General. (1) FOllowing the determination pursuant
to section 6122 to provide replacement housing, the head of the
displacing public entity shall develop or cause to be developed
a replacement housing plan 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 arrange~ents for maintaining rent levels appro-
priate for the persons to be rehoused, and the disposition of
proceeds from rental, sale or resale of such housing. If a
referendum requirement or zoning presents an obstacle, the
issue shall be addressed.
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Section 30.
deleted.
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Section 6166 of the Guidelines shall be
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Section 31. Article 6, Sections 6180 through 5198
of the Guidelines shall be deleted.
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, APPROVED, AND ADOPTED by the Redevelopment Agency O/;f t"e City of
each, California, at a meeting thereof held on the ~ jr day of
, 1977 by the followi'lI\g vote: '
Ag.", -"Ji~~ ~fI':f:,(d(# ~
Agency Members ~
ABSENT: Agency Members 'J1lJ tU.-
AYES:
NOES:
J:,,~ ~-r-
C alrman
ATTEST:
~rL~
Executive Director/Secretary
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"Exhibit A"
TITLE 25 RELOCAll0N ASSISTASCE AND REAL
PROPERTY ACQUISITION GUIDELINES
IROV'.'" 7&. No. _10-30-761
CHAPTER 6. RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION GUIDELINES
Article
1,
2.
3-
4.
:;,
6.
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631
Cenerdl
Relocation Assistance Advisory Program and AMurance or
Comparable Replacement Housing
Relocation Payments
Last Resort Housing
Grievance Procedures
Acquisition Policies
DtltlUod Anllyoll
Article 1. General
Section
6000. Order or Adoption
6002. Statement or Purpose and Policy
6001, Applicability and Supersedure
6006. Regulations
6008. Definitions
6010. Prior Detenninations
6012. Citizen Participation
6014, Pre,equisile to Displacement
6016. Remedies
6018. Priority of Federal Law
6020. Severability
Article 2. Relocation Assistance Advisory Program and AssUl'aRC:e
or Comparable Replacement Housing
Section
6030.
6032.
6034,
6036.
603S.
6040.
6042.
6044.
6046.
6048.
6030,
6052.
6QM,
6056.
6058.
6060.
SectiOl
6080,
6082.
6084,
6086.
6088.
6090.
6092.
4-75059
Purpose
Relocation Assistance Advisory Program
Eligibility
Rehabihtation. Demolition. Code Enforcement
Re!ccat!';,m pi,,"
Minimum Requirements of Relocation Assbtance Advisory Program
Replacement Housing Prior to Disptacementi Notices To Displaced.
Persons
Temporary Move
InFormational Program
Survey and Analysis of Relocation Needs
Failure to Conduct Timely and Effectiye Survey
Survey and AnalY"is or Available Relocation Resources
Last Resort HOl1sing
Termination of Relocation Assistance
Eviction
Evaluation of Relocation
Article 3, Relocation Payments
Purpose
Relocation Payments by Public Entity
Basic Eligtbiht)" Conditions
I':otice of Intent to Displd.ce
Filing of Claims; Submission of Tax Returns
Actual Reasonable "'1oving Expenses
Actual Direct Losses of Tangible Personal Property
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I , 632 HOUSING AND COMMUNITY DEVELOPMENT TITLE 25
IReglatw lI. ~lD. _'~711
Section (
6094, Actual Reasonable Expenses in Sean:hing for a Replacement Business
or Farm
6096. Moving Expenses-Outdoor Advertising Businesses
6098. Alternate Payments-Individuals and Families
6100, Alternate Payments-Businesses and I....arm Operations
6102. Replacement Housing Payments for Homeowners
6104. Replacement Housing Payments for Tenants and Certain Others
6106. Proration of Payments
6108. Condition of Replacement Dwelling
6110, Certificate of Eligibility
6112. Mobile Homes
6114, Affected P,operty
Article 4. Last Resort Housing
Section
6120. Purpose C
6122- Dete,mination of Need for Last Resort Housing
6124. Development of Replacement Housing Plan
6126- Submission of Plan for Comment
6128. Determination by Displacing Public Entity of Feasibility and Compli-
ance
6130. Implementation of the Replacement Housing Plan
1 6132. Housing Production
6134. jointly Sponsored Development
613&. Last Resort Housing In Lieu of Payments
6138- Conformity with the Act and Other Statutes, Policies and Procedures
Article 5, Crievance Procedures r
Section I
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6150- Purpose
6152- Right of Review
6154. Notification to Complainant
6156. Stages of Review by a Public Entity
6158, Form:!! Review cU1.d ReconsideTation by the Pubhc Entity
6160. ReFusals to \Vaive TIme Limitation
6162. Extension of Time Umits
6164. Recommendations by Third Party
616&. Review of Files by Claimant r
61611. Effect of Determination on Other Persons , "
6170. Right to Counsel \
6172.. Stay of Displacement Pending Review
6174, Joint Complainants
6176, Judicial Review
Article 6. Acquisition Policies
I Section
6180. Purpose
6182, Acquisition
6184, Notice of Decision to Appraise
6166- Time of Offer
6166- Notice of Land Acquisition Procedures
6190. Notice of Public Entity's Decision Not to Acquire
6192. Incidental Expenses
6194. Short Tenn Rental
I 6195. Public Information (
6196- Service of Notice )
6198. Nonpossessory Interest Exception
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~ITY DErELOI'MEST TITLE 25'
:' I IllOlli...,7&. No. _ll1.JO.lIl
es in Se3Tfhing for a Replacement Busine'is
lOr Advertising Businesses
ividuals and Families
.inesses and Farm Operations
yments for Homeo~ners
yments ror Tenants and Certain Others
It Dwelling
ftesort Howing
Or L3st Resoit Housing
ment Housing Plan
:Jmment
,Ing Public Entity of Feasibility and Compli-
~~:Iment lIousin~ Plan
.ieu 0 yments
Ind 0 Statutes, Policies and Procedures
Lnce Procedures
ant
,blic Entity
msidE"ratlon hy thl" Puhlic Entitv
Limitation - , .
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lird Party
18nt
on Other Persons
nding Review
Jisitioo Policies
.1
apralse
,
,on Procedu.es
i Decisi9n r\ot to Acquire
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TITLE 25 RELOCATIOS ASSIS1'ANCE ASD REAL
PROPERTY ACQUISITION GUiDELINES
(Regl.ter 7&. No. ,"-'0.30-18)
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Article 1. General
6000. Order of Adoption. This chapter (hcreinafter referred to
as the "Guidelines") is adopted pursuant to the provisions of Section
41135, Hcalth and Safety Code, in order to implement, interpret and to
make specific provisions of Division 7, commencing with Section 7260
of the Government Code (hereinafter referred to as the "Act"), relat-
ing to relocation assistance, last resort housing and real property acqui-
sition.
NOTE: Authority cited for Chapter 6: Seetion <1135, Health and Safety Code, Refer-
ence: Section 7260 et seq.. Go\'ernment Code.
History: \, New Chapter 6 (Sections 6000 through 6198, not consecutive, and Attach-
ment A) Iiled 1(1.28-76, effective thirtieth day thereafter (Register 76,
No. 44), . '
2. Amendmentliled 11-5-76 as an emergency, designated effective 11-27-76
(Register 76. No, 44),
6002. Statement of Purpose and Policy. (a) The purpose of the
Guidelines is to assist public entities in the development of regulations
and procedures implementing the Act.
(b) The Guidelines are designed to carry out the following policies
of the Act:
(1) To ensure that uniform, fair and equitable treatment is afford-
ed persons displaced from their homes, businesses or farms as a result
of the actions of a public entity in order that such persons shall not
suffer disproportionate injury as a result of action taken for the bene-
fit of the public as a whole; and
(2) In the acquisition of real property by a public entity, to ensure'
consistent and fair treatment for owners of real property to be ac-
quired, to encourage and expedite acquisition by agreement with
owners of such property in order to avoid litigation and relieve con-
gestion in courts, and to promote confidence in pubhc iand acqui>i-
tion. :
(c) A public entity shall not participate in or undertake a project that
will displace individuals from their homes unless comparable replace-
ment dwellings (see subsection 6008 (c) ) will be available within a
reasonable period of time prior to displacement.
(d) The Guidelines are intended to establish only minimum require-
ments for relocation assistance and payments. They shall not be
construed to limit any other authority or obligation which a public
entity may have to provide additional assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of dis-
placed persons, to ensure that such persons receive fair and equitable
treatment and do not suffer disproportionate injuries as the result of
programs designed for the benefit of the public as a whole, The Act,
Guidelines and all applicable regulations on which determinations are
based shall be construed to effect this intent.
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634
HOUSING ASD COMMUNITY DEVEI.oPMENT . TITI:E 2.~
(Regie'.r 76.. No. "-10.>>16)
6004. Applicability and Supersedure. (a) (1) Except as other.
wise noted in this section, the Guidelines are applicable to all dis-
placement and acquisition occurring on or after their effective date,
January I, 1977. A public entity may determine that the Guidelines
shall at an earlier date be applicable to its displacement and acquisi-
tion.
(2) With respect both to redevelopment activities undertaken
pursuant to a plan or amendment adopted prior to January 1, 1976
and to the acquisition of real property located within the California
coastal zone (as defined in Public Resources Code, Section 30103,
Stats. 1976, c. 1330) for use as park lands or open space, the provisions
of the Guidelines specifically relating to last resort housing shall not
be effective until January I, 1978.
(b) These Guidelines supersede those adopted by the Commission of
Housing and Community Development on October 17, 1973. The
guidelines so superseded shall not apply to any displacement or acquisi-
tion occurring on or after the effective date of these Guidelines, Any
such displacement or acquisition shall be governed solely by these
Guidelines,
The provisions of these Guidelines, however, shall not be construed
retroactively to apply to action (s) undertaken by a public entity prior
to their effective date where the purpose of the action was to fulfill
obligations imposed by the Act and the action is in compliance with the
requirements of the Act and the existing Guidelines. For the purpose
of this section the term "action" shall include but is not limited to: the
provision of information, notice, other assistance, comparable replace-
ment housing, payments and other benefits; the preparation of reloca-
tion and last resort housing plans, including the survey and analysis of
needs and resources; the processing of grievances: and the various steps
taken in connection with the acquisition of property for public use.
Jlilfory: 1. Amendment or subsection (b) filed 11-5-76 as an emergency; deSignated
effective 11-27.76 (Register 76, No. 44),
6006. Regulations. (a) Each public entity before undertaking or
Ilarticipating in activity which will result in the displacement of persons
shall adopt rules and regulations that implement the requirements of
the Act, are in accordance with the provisions of the Guidelines, and
prescribe additional procedures and requirements that are appropriate
to the particular activities of the public entity and not inconsistent with
the Act or Guidelines.
(b) Rules and regulations issued under this section shall be promptly
revised as necessary, to conform to any amendment oflhe Act or Guide-
lines.
6008. Definitions. The following terms shall mean:
(a) Acquisition. Obtaining ownership or possession of property
by lawful means.
(b) Business. Any lawful activity, except a farm operation, con-
ducted (.rimarily:
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ITY DEVEl.OP\lEST TITLE 2.5 '
\, I (Ragi.,., 7" No. "-10.30-161
ure: (a) (1) Except as other.
,delt'1es I are applicable to all dis.
g on 'o.r after their effective date
'Y determine that the Guideline~
e to its displacement and acquisi-
telopment activities undertaken
adopted prior to January 1 1976
~rty located within the California
, Resources Code, Section 30103,
ands or open space, the provisions
ng to last resort housing shall not
ose adopted by the Commission of
ment on October 17, 1973. The
?Iy to any displacement or acquisi-
Ive date of these Guidelines, Any
lall be governed solely by these
;, however, shall not be construed
ldeln by a public entity prior
IUP f the action was to fulfill
~e a is in compliance with the
st!n idelines, For the purpose
11 mcl!lde but is not limited to: the
er assIstance, comparable replace-
lenefits; the preparation of reloca-
c1ud,ing the survey and analysis of
)f ~f1evances; and the various steps
llllon of property for public use.
~)':"~ 11.:1-76 ao; an emerA;cnc}'. dE"Slgnated
,No.44), '
Jblic entity before undertakina or
~su!t in the displacement of per~ons
at Implement the requirements of
~ provisions of the Guidelines and
i ~equir~ments that are appropriate
lite entity and not inconsistent with
Jnder this section shall be promptly
ny amendment of the Act or Guide-
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nership or possession of property
ity, except a farm operation, con-
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(1) For the purchase, sale, lease, or rental of personal arid real
property, and for the manufacture, processing, or marketing of
products, commodities, or any other personal property;
(2) For the sale of services to the public;
(3) By a nonprofit organization; or
(4) Solely for the purpose of a moving expense payment (see sec-
tion 6090), for assisting in the purchase, sale, resale, manufacture,
processing, or marketing of products, commodities, personal prop-
erty, or services b)' the erection and maintenance of an outdoor
advertising displav, whether or not such display is located on the
premises on which any of the above activities are conducted.
(c) Comparable Replacement Dwelling. A dwelling which satis-
fies each of the following standards:
(1) Decent, safe and sanitary (as defined in subsection 6008 (d) ),
and comparable to the acquired dwelling with respect to number of
rooms, habitable living space and type and quality of construction,
but not lesser in rooms or living space than necessary to accommo-
date the displaced person.
(2) In an area not subjected to unreasonable adverse environmen-
tal conditions from either natural or manmade sources, and not gen-
erally less desirable than the acquired dwelling with respect to public
utilities, public and commercial facilities and neighborhood condi-
tions, including schools and municipal services, and reasonably acces-
sible to the displaced person's present or potential place of
employment; provided that a potential place of employment may not
be used to satisfy the accessibility requirement if the displaced person
objects. .
The Act and Guidelines do not require that the replacement dwell-
ing be generally as desirable as the acquired dwelling with respect to
environmental charucteri;tics. Though a displaced person does not
have to accept a dwelling subject tu umea5cnable !!dversc environ-
mental conditions, neither is a public entity required to duplicate
environmental characteristics, such as scenic vistas or proximity to
the ocean. lakes, rivers, forests or other natural phenomena.
If the displaced person so wishes, every reasonable-effort shall be
made to relocate such person within or near to his existing neighbor-
hood. Whenever practicable the replacement dwelling shall be rea-
sonably close to relatives, friends, services or organizations with
whom there is an existing dependency relationship,
(3) Available on the private market to the displaced person and
available to all persons regardless of race, color, sex, marital status,
religion, or national origin in a manner consistent with Title VIII of
the Civil Rights Act of 191)8,
(4) To the extent practicable and where consistent with para-
graph (c) (I) of this section, functionally equivalent and substantially
the same as the acquired dwelling, but not excluding newly con-
structed housing.
TITLE 25 RELOCATIOS ASSISTASCE AND REAL
PROPERTY ACQUISITION GUIDEI.INES
(Reg1.'.' n. No. 44--1D-30-7&~
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r'j 636 HOUSING AND CoMMUNITY DEVELOPMEST TITLE 25 \!
'/ (Regl.i., 76. NO: 44-10.30-16)
(5) Within the Financial Means of the Displaced Person, A re- "
j placement dwelling is within the financial means of a displaced per-
son if the monthly housing cost (including payments for mortgage,
insurance and r.ropcrty taxes) or rental cost (including utilities and
other reasonab e recurring expenses) minus a'd replacement hous-
ing payment available to the person (as provide in sections 6102 and
6104) does not exceed twenty-five percent (25%) of the person's
average monthl!; income (as defined in subsection 6008(1)). A re-
placement dwel ing is within the financial means of a displaced per- I
son also if the purchase irice of the dwelling includin~ relatcd
increased interest costs an other reasonable expenses (as escribed
in section 6102) does not exceed the total of the amount of just .
I
compensation provided for the dwelling acquired and the replace- I
ment housing payment available to the person (as provided in section I
6102). I
If a dwelling which satisfies these standards is not available the I
public entity may consider a dwelling which exceeds them_
(d) Decent, Safe and Sanitary. (1) HOUSin~ in sound, clean and
weather tight condition, in good repair and a equatelr, maintained. I
in conformance with the applicable state and local bui ding. plumb- I
I ing, electrical, housing and occupan:Jfc codes Or similar ordinances or I
regulations and whic meets the fo owing minimum standards: i
(A) Each housekeeping unit shall include a kitchen with a fully I
usable sink, a stove or connection for a stove, a se~arate and com-
~lete bathroom, hot and cold running water in bot bathroom and .' I
itchen, an adequate and safe wiring system for lighting and other I
electrical services and heating as required by climatic conditions I (
and local codes. t
'. (B) Each nonh"usekeePin~ unit shall be in coniormance with
state and local cock. standards Or boarding houses, p.ote!s and other I
dweliings for COl1f,regate living.
(2) When the term decent, safe and sanitary is interpreted, under \
local, state or federal law, as establishing a higher standard, the ele-
ments of that higher standard, which exceed the provision of para- 1)
graph (I) of this subsection, are incorporated herein.
(e) Department. Department of Housing and Community De.
velopment.
, (f) Displaced Person. Any person who moves from real prop-
, i
\ erty, Or who moves his personal property from real ~operty, eitner as I
a result of the a~iSition of such real property, in w ole Or in part, by I
a public entitt or y any person havinft an agreement with or actinli, on I ir
behalf of a pu lic entity, or as the resu t of a written order from a pu lie I cc
entity to vaca,e the real property, for c,ublic use,
This definition shall be construed so t at persons displaced as a result bo
of public action receive relocation benefits in cases where they are
displaced as a result of an owner participation agreement or an acquisi- t~
tion carried out by a private person for or in connection with a public
'. use where tht. public entity is otherwise empowered to acquire the t~
1 property to carry'out the public use, ( )
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In' DEVfLOP~IE=-'T TITLE 2.,
I (Regis,er 76. No. M;-1G-30-161.
of the- Displaced Person. A re-
nancial means of a displaced per,
,cluding pa} ments for mortgage,
~ntal cost (including uhlities and
's) minus an\' rcplacement hous.
, (as provided in sections 6102 and
~ percent (25'70) of the person's
led in subsection 6008{l)), Are.
,nancial means of a displaced per-
the dwelling including related
easonable expenses (as described
the total of the amount of just
velling acquired and the replace.
the person (as provided in section
~se standards is not available the
lling which exceeds them,
(1) ISing in sound, clean and
epai d adequately maintained,
Ie st nd local building, plumb.
DCY es or similar ordinances or
following minimum standards:
shall include a kitchen with a fully
on for a stove, a separate and com-
nning water in both bathroom and
iring system for lighting and other
as required by climatic conditions
unit shall be in C'oniormance with
IT boarding huu:)~:s, hotels and other
~ and sanitary is interpreted, under
blishing a higher standard, the ele.
hich exceed the provision of para-
incorporated herein,
of Housing and Community De.
rson ,WI,lO moves from real prop-
)pert:}' from real property, either as
:~l PTjoperty, in \\ hole or in part, by
~ng an agreement with or acting on
,suit of l< written order from a public
for public use.
. so that persons displaced as a result
1 ~t;nef!ts in cases where they are
rhclon agreement or an acquisi-
n fo in connection with a public
lef\ empowered to acquire the
se,
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TITLE 25 RELOCATION ASSISTAl'(CE AND REAL
PROPERTY ACQUISITlOX GUIDEUl'(ES
(Reglat.r 71. No. .......,0->>16)
637
(g) Dwelling. The place of permanent or cllstomary 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 coopcrahve housing project, a nonhousekeep-
ing unit, a mobilehome, or any other residential unit which either is
considered to be real property under State law or cannot be moved
without substantial damage or unreasonable cost. A residence need not
be decent, safe and sanitary to be a dwelling.
A second home shall be considered to be a dwelling only for the
purpose of establishing eligibility for payment for moving and related
expenses (as provided in section 6090).
(h) Economic Rent. The amount of rent a tenant or homeowner
would have to pay for a dwelling similar to the acquired dwelling in a
comparable area,
(i) Elderly Household. A household in which the head of
household or spouse is 62 years or older.
(j) Family. Two or more individuals who by blood, marriage,
adoption. or mutual consent live together as a family unit.
(k) Farm Operation. Any activity conducted solely or primarily
for the production of one or more agricultural products or commodities,
including timber, for sale or home use, and customarily producing such
products or commodities in sufficient quantity to be capable of contrib-
uting materially to the operator's support.
(I) Gross Income. Gross income means the total annual income
of an individual, or where a family is displaced total annual income of
the parents or adult heads of household, less the following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of ten pcrcent (10%) of total income for an elder.
ly or handicapped househoid,
(3) A deduction for recurring, extraordinary medical expenses,
defined for this purpose to mean medical expenses in excess of three
percent of total income, where not compensated for or covered by
insurance or other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of chil-
dren or sick or incapacitated family members when determined to be
necessary to employment of the head or spouse, except that the
amount 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 ns income for the determination of financial means,
(m) Handicapped Household. A household in which any mem-
ber is handicapped or disabled, '
(n) Initiation of Negotiations. The initial written offer made by
the acquiring entity to the owner of-real property to be purchased, or
the owner's representative.
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638
HOUSl!'iG A!'(D COMMU!'(l1Y DEVELOP~IENT , TITLE 2,';
(Regiater 16. No. 44-1G-30-l'&)
(0) Mobile Home. A structure, transportable in one or more sec.
tions, which is built on a permanent chassis and designed to be used as
a dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air-condi-
tioning, and electrical s}'stcms contained therein, A self-propelled vehi.
c1e is not a mobile. home.
(p) Mortgage. Such classes of liens as are commonly given to se-
cure advances on, or the unpaid purchase price of, real property, to-
gether with the credit instruments, if any, secured thereby.
(g) Ownership. Holding any of the following interests in a
dwelling, or a contract to purchase one of the first six interests:
(1) A fee title.
(2) A life estate. .
(3) A 50-year lease,
(4) A lease with at least 20 years to run from the date of acquisition
of the property.
(5) A proprietary interest in a cooperative housing project which
includes the right to occupy a dwelling.
(6) A proprietary interest in a mobilehome,
(7) A leasehold interest with 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 own-
ership, but not occupancy, of the succeeding owner shall include the
tenure of the pr~ceding owne.r. .
(r) Person. Any individual, family, partnership, corporation, or
association,
(s) Public Entity. Includes the state, the Regents of the Univer-
sity of California, a county, cit}', city and count}', district, public author-
ity, public agency, and any other political subdivision or public
corporatIOn in the state when acquiring real property, or any interest
therein, or ordering that acquired property be vacated, in any city or
county for public use,
(t) Public Use. A use for which property may be acquired by
eminent domain,
(u) Tenant. A person who rents or is otherwise in lawful posses-
sion of a dwelling, including a sleeping room, which is owned by an.
other,
6010. Prior Determinations. (a) Displacement. No public en-
tity may proceed with any phase of a project or other activity which will
result in the displacement of any person, business or farm until it makes
the following determinations:
(1) Fair and reasonable relocation payments will be provided to
eligible persons as required by Article 3 of the Guidelines.
(2) A relocation assistance program offering the services de-
scribed in Article 2 of the Guidelines will be established,
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iMU;I;inl'DE\:ELOP~IEXT TITLE 25
'. ~ I (Register 76. No. .........'1).30.7&1
ce, tran ort..ble in one or more sec-
,nt clias is and designcd tq be used as
'.anent ~ undation when connected to
es the lumbing, heating, air-concli-
Itained therein. A self-propelled vehi-
c liens as are commonly given to se-
purchase price of, real property to-
ts, if any, secured thereby, '
I of the following interests in a
.e one of the first six interests:
irS to run from the date of acquisition
I cooperative housing project which
iwelling. ..
a mobilehome,
an option to purchase,
dedlny of the foregoing interests
lper n of law, the tenure of own-
iUCC 'ng owner shall include the
mily, partnership, corporation, or
state, the Regents of the Univer-
and countr' district, public author-
:r. politica subdivision or public
'rlnrr r......1 ""rn......._... ...- ....l.. ,',-' e'
. -0. __a J"". ....!-".......), V.L ell' Her s(
)roperty be vacated, in any city or
~h property may be acquired by
s or is otherwise in lawful posses-
ling room, which is owned by an-
) I:?isplacement. No public en-
proJec! or other activity which will
;on, business or farm until it makes
,
. I'
Ion payments will be provided to
tide 3 of thl' Guidelines.
)gram offering the services de-
nes will be establi.hed.
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TITLE 25 RELOCATIO;l; ASSISTAXCE AXD REAL
PROPERTY ACQUISITIO;l; GUIDELlSES
(Register 76. No. 44-'1).30.761 .
,639
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(3) Eligible persons will be adequately informed of the assistance,
benefits, policies, practices and procedures, including grievance
procedures, provided for in these Guidelines.
(4) Based upon recent sur\'e)' and analysis of both the housing
needs of persons who will be displaced and available replacement
housing and considering competing demands for that housing, com-
parable replacement dwellings will be avaIlable, or provided, if
necessary, within a reasonable period of time prior to displacement
sufficient in number, size and cost for the eligible persons who re-
quire them.
(5) Adequate provisions have been made to provide orderly,time-
Iy, and efficient relocation of eligible persons to comparable replace-
ment housing available without regard to race, color, religion, sex,
marital status, or national origin with minimum hardship to those
affected.
,(6) A relocation plan meeting the requirements of section 6038 has
been prepared.
(b) Acquisition. No public entity may proceed with any phase of
a project or any other activity which will result in the acquisition of real
property until it determines that with respect to such acquisition and
to the greatest extent practicable,
(1) Adequate provi.sions have been made to be guided by the
provisions of Article 6 of the Guidelines, and
12) Eligible persons will be informed of the pertinent benefits,
po icies and requirements of the Guidelines,
Ihlto'}~ 1. Amendment or subsection (b) med 11-5,76; designated effective 11,27-76
(Register 76, fIOo 44).
6012. Citizen Participation. /a) All persons who will be' dis-
placed, neighborhood groups and any relocation committee shall bl'
given an opportunity and should be encouraged full}' and meaningfully
to participate in reviewing the relocation plan and monitoring the
relocation assistance program, .
(b) When a substantial number of persons wil! be displaced from
their dwellings the public entit)' shall encourage' the residents and
community organizations in the displacement area to form a relocation
committee, The committee shall include,- when applicable, residential
owner occupants, residential tenants, business people, and members of
existing organizations within the area. In lieu of miliating a new process
of citizen participation, public entities which have conducted or are
conducting a citizen participation process as part of an existing develop-
ment program may substitute such process if it satisfies the require-
ments of this section,
If a substantial number of persons will not be aisplaced from their
dwellings, the public entity shall at least consult with and obtain the
advice of residents and communit}' organizations and make the reloca-
tion plan available to such persons and organizations prior to submitting
it to the legislastive body for approval. (See section 6038,)
(c) At a minimum the displacing entity shall gllarantee the follow-
ing:
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HOUSING AND COMMUNm' DEVELOPMENT 'i ITLE '25
CRegisr.r J&. No~ 44-10-30-16)
(1) Timely and full access to all documents relevant to the reloca-
tion program, A public entity may reasonably restrict access to
material where its confidentiality is protected by law or its disclosure
is prohibited by law,
The displacing entit)' shall ensure that the information in docu-
ments the provision of which would result in disclosure of the identity
of eligible persons is pro\'ided in a manner designed to avoid such
disclosure. This obligation to avoid improper disclosure shall not af-
fect the right of the person to which the information relates (or any
other person authorized in writing by such person) to inspect such
documents,
(2) The provision of technical assistance necessary to interpret
elements of the relocation plan and other pertinent materials.
(3) The right to submit written or oral comments and objections,
including the right to submit written comments on the relocation
plan and to have these comments attached to the plan when it is
forwarded to the local legislative body or the head of the state agency
for approval. .
(4) Prompt, written response to any written objections or criti-
cisms.
6014. Prerequisite to Displacement. No person shall be dis-
J>laced until the public entity has fulfilled the obligations imposed by
the Act and Guidelines.
6016. Remedies, (a) If the public entity has not fulfilled or is
not substantially fulfilling its relocation responsibilities, 'it shall cease
displacement until such time as its responsibilities are fulfilled, When
ap!>ropriate project implementation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and bene-
fits, after the public entity was required to offer assistance or benefits,
, shall be provided such assistance and payments and, when appropriate,
compensation for additional costs incurred. The displacing entity shall
make every effort to identify and locate such persons,
(c) A publ:e entity may pay a complainant's attornev's fees and costs
and is encouraged to consider doing so when a eompfainant institutes
a successful administrative appeal or judICial actiO.1,
(d) The enumeration of remedies in this section is not intended to
discourage or preclude the use of other remedies consistent with the
intent of the Act and Guidelines. Rather a public entity is encouraged
to consider and adopt other remedies.
'6018, Priority of Federal Law. If a public entity undertakes a
project with federal financial assistance and.consequently must pro\'ide
relocation assistance and benefits as required by federal law, the provi-
sions of the Act and Guidelines shall not apply; but if an obligation to
provide relocation assistance and benefits is not imposed by federal law
the provisions of the Act and Guidelines shall apply,
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UNITY'DE\"ELOPMEST TITLE 25
I I (Regiater lL No. 44-10.30-76)
II documents relevant to the reloca-
may'rcasonably restrict access to
. is protected by law or its disclosure
sure that the mformation in docu-
lid result in disclosure of the idcntity
1 a manncr designcd to avoid such
lid improper disclosure shall not af-
lich the informatIOn relates (or any
ng by such person) to inspect such
,I assistance necessar)' to interpret
and other pertinent materials,
:~ or oral comments and objections,
Tlllen comments on the relocation
lts- attached to the plan when it is
body or the head of the state agency
. to any written objections or eriti-
,men I No person shall be dis-
fulfil the obligations imposed by
ublic entity has not fulfilled or is
,ation responsibilities, it shall cease
; responsibilities are fulfilled, When
n shall be suspended or terminated.
_ithout offers of assistance and bene-
uired to offer assistance or benefits,
,d payme~.t,s an.~, \~'h~n appropriate,
ncurred, I ne GlSplacmg entity shall
locate such persons.
mplain:mt's attornev's fees and costs
19 so when a compiainant institutes
or judicial action.
ies in this section is not intended to
other remedies consistent with the
lather a public entity is encouraged
dies.
, If"a public entity undertakes a
once ~nd consequently must provide
s required by federal law, the provi-
.11 not appl)'; but if an obligation to
cncfits is not imposed by federal law
lelines shall apply.
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TITLE 25 RELOCATIOS ASSISTANCE AND REAL
PnOPERTI' ACQUISITION GUIDELINES'
(Regl.t.r 7&. No. '"-10.30-78)
,641
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6020. Severability. If any provision of the Guidelines or the ap-
plic.ation thereof is held invalid, such invalidity shall not affect other
provisions or applications of the Guidelines which can be.gi\"en effect
without the invalid provision or application, and to this end the provi-
sions of the Guidelines are severable.
Article 2. Relocation Assistance Advisory Program and Assurance
of Comparable Replacement Housing
6030. Purpose. The purpose of this' part is to set forth require-
ments with respect to the development and implementation of a reloca-
tion assistance advisory program for the provision of specified services
and to prescribe the obligation of a public entity not to C1isplace or cause
the displacement of an)' person from his dwelling without adequate
notice and unless comparable replacement housing is available.
6032. Relocation Assistance Advisory Program. Public entities
shall develop and implement a relocation assistance advisory program
which satisfies the requirements of this article and of Title VI of the
Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the
Unruh Civil Rights Act and the Rumford Act. Such program shall be
administered so as to provide advisory services which offer maximum
assistance to minimize the hardship of displacement and to ensure that
(a) all persons displaced from their dwellings are relocated into housing
meeting the criteria for comparable replacement housing, and (b) all
persons displaced from their places of business or farm operations are
assisted in reestablishing with a minimum of delay !lnd loss of earnings.
6034. Eligibility. (a) Relocation assistance and benefits shall be
available to.
(1) Any person who occupies property from which he wiII be
displaced, '
(2) Any person who wiII move from real property or will move his
personal property from real property, because he wiII be displaced
from other real property on which he conducts a business or farm
operation.
(3) Any person who moves from real prol=erty as a result of its
acquisition by a public entity whether the move is voluntary or in-
voluntary, .
(4) Any person who, following the initiation of negotiations, moves
as the result of the pending acquisition. Such a person is eligible if the
property is subsequently acquired by the public entity; if it is not
acquired, such a person, at the discretion of the public entity. may be
declared eligible.
(5) Any person who moves as the result of pending acquisition by
a public entity either following receipt of a l'iotice of Intent to Dis-
place (see section 6086) or as a result of inducement or encourage-
ment by the public entity.
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HOUSING AND COMMUNITY DEVELOPMENT . TITl:E 2.'>
CRegiater 16. :.0. 41-10-30-16)
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(b) (1) Post-acquisition tenants, those who lawfully occupy prop-
erty only after a public entity acquires it, are not eligible for assist-
ance and benefits if, before occupying the property, they are
informed by the public entity 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 that development for
such use may result in termination of the tenancy sooner than would
otherwise be expected, When post-acquisition tenants are so in-
Cormed they are not eligible even though they move as the result of
a written order from the public entity to vacate the real property.
A public entity shall inform prospective tenants regarding the pro-
jected date of displacement and, periodically, should inform post-
acquisition tenants of any changes in this projection.
Persons who become post-acquisition tenants after the effective
date of the Guidelines, who are not so informed and who move as the
result of a written order from the public entit)' to vacate are eligible
Cor assistance and benefits, except where they are evicted in accord-
ance with the provisions of section 6058.
(2) When the displacement of a post-acquisition tenant causes a -
hardship for that person because of a critical housing shortage, age,
handicap, infirmity, lack of financial means or other circumstance,
the displacing entity may provide relocation assistance and benefits,
In such hardship situations a public entity is encouraged to provide
assistance and payment for moving expenses.
(3) Where a public entity, on property it owns, is making housing
available on a permanent basis (i.e" not pending developmerit), a
post-acquisition tenant who moves as the result of a written order
from the public entity to vacate is eligible for relocation assistance
and benefits if the order to vacate is related to a plan to demolish or
rehabilitate such units. Sale of such units to a private person estab-
lishes eligibility without need for a written order to vacate,
6036. Rehabilitation, Demolition, Code EnCorcement. If a public
entity undertakes a rehabilitation or demolition program or enforce-
ment of building codes and as a result a person or business is displaced
Cram privately owned property, the public entity may provide assist-
ance and benefits, but it is not required to do so, If a person or business
is displaced by such an undertaking from property acquired by a public
entity, the public entity shall provide assistance and benefits.
6038. Relocation Plan. (a) As soon as possible following the
initiation of negotiations and prior to proceeding with any phase of a
project or other activity that will result in displacement a public entity
shall prepare a Relocation Plan and submit it for approval to the local
legislative body, or in the case of a state agency, the head of the agency.
When the public entity's action will only result in an insignificant
amount of non-residential displacement, the requirements of this sec-
tion need not be satisfied.
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'NITY IDEVELOP~IEST TITLE 25
. I CRegiS1:8r 18. No. 44-10.30-16)
t~OS!! .~ho lawfullr occupy prop-
IUlre~, Itr~ are not eligible for assist-
,eupymg the property, they l\Ii1IIIIo
the property has been acquired fi5r'
Ie as housing only in the interim
)ment and that development for
I of the tenancy sooner than would
.ost-acquisition tenants are so in-
~though they move as the result of
'ntit>: to vacate the real property.
;pect?ve,ten:mts regarding the pro-
penodlcally, should inform post.
s in this projection,
lisition tenants after the effective
t so informed and who move as the
public entity to vacate are eligible
where they are evicted in accord-
'" 6058.
a post-acquisition tenant causes a
of a critical housing shortage age
, I h "
~Ia Ins or ot er circumstance
relo on assistance and benefits:
ic e is encouraged to provide
Ig e ses,
roperty it owns, is making housing
i.e., not pending de"elopment), a
lS as the resul t of a written order
.~ eligible for relocation assistance
IS related to a plan to demolish or
:h un,its to a private person estab-
a wfltten order to ,'acatc.
. Code Enforcement. If a public
r demolition program or enforce-
It a person or business is displaced
, public entity may provide assist-
:ed to do so. If a person or business
rom Property acquired by a public
Ie assistance and benefits.
soon as possible follo\\ing the
o proceeding with any phase of a
ult in,di~placement a public entity
submit It for approval to the local
~te agency, the head of the agency.
ill only I result in at! insignificant
lent, the requirements of this sec-
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TITLE 25 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
(Reglder 7&. No. 44-'0-30-16)
(b) A Relocation Plan shall include the following:
(1) A diagrammatic sketch of the project area.
(2) Projected dates of displacement.
(3) A written analysis of the aggregate relocation needs of all ~er-
sons to be displaced (as required by section 6048) and a detaIled
explanation as to how thcsc needs are to be met. .
(4) A writtcn analysis of rclocation housing resources (as reqUired
by section 6052). . .
(5) A detailed description of the relocatio~ adVIsory serv.lces p!~-
gram, including specific procedures for locatl~g and refernng chgl-
ble persons to comparable replacement housmg.
{6) A description of the relocation payments to be made (pursu-
ant to Article 3) and a plan for disbllrs~ment. . . .
(1) A cost estimate for carrying out tne plan and Identification of
the source of the necessary funds.
(8) A detailed plan by which any last resort housing (as described
in section 6054 and Article 4) is to be built and financed.
(9) A standard information statement to be sent to all persons to
be displaced (as required by section 6(46),
(10) Temporary relocation plans, if any.
(11) A description of relocation office operation procedures,
(12) Plans for citizen participation.
(13) An enumeration of the coordination activities undertaken
(pursuant to section 6052),
(14) The comments of the relocation committee, if any (pursuant
to section 6012).
~ (15) A written determination by the public entity that the neces-
sary resources will be available as required.
(c) A Plan prepared by a local public entity sh~lI,be c~msistent ,with
the local housing element (preparcd Eursuant to CalIforma AdlOm!stra-
tive Code, Tille 2:>, Cbapte. 1, Subc..apter :;,)
(d) In the event of delay of implementation of the relocation pro-
gram, the I'lan shall be updated annually. '
(e) (1) Copies of the plan shall be submitted for review to the reloca-
tion committee and the department 30 days prior to submission to t~e
local legislative body or head of state agency for approval. Copies
shall be available to the public upon request.
(2) General notice of the plan shall be provided, Notice shall be
designed to reach the occupants of the property; it shall be in acco!d-
ance with the provisions of paragraph 6046(a) (3) and subsection
6046(b); and it shall be provided 30 days prior to submission to the
local legislative body or head of state agency for approval.
6040. Minimum Requirements of Relocation Assistance Ad,'isory
Program. (a) Each relocation assistance advisory program under-
taken pursuant to this Article shall include, at a minimum, such meas-
ures, facilities or services as may be necessary or appropriate in order
to:
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644
HOUSING AND COMMUNITY DEVEI.OPME:-n' TITLE 25
'(Regi.'..76. No. 44-10.>>1&)
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(1) Fully inform eligible persons under this Article within 15 days
following the initiation of negotiations for a parcel as to the availabili-
ty of relocation benefits and assistance and the eligibility require-
ments therefor, as well as the procedures for obtaining such benefits
and assistance, in accordance with the requirements of section 6046.
(2) Determine the extent of the nced of each such eligible person
for relocation assistance in accordance with the requirements of sec-
tion 6048.
(~) Assure eligible persons that within a reasonable period of time
prior to displacement there will be available comparable replace-
ment housing, meeting the criteria described in section 6008(c) , suffi-
cient in number and kind for and available to such eligible persons.
(4) Provide current and continuing information on the availabili-
ty, prices, and rentals of comparable sales and rental housing. and of
comparable commercial properties and locations, and as to security
deposits, closing costs, typical down payments, interest rates, and
terms for residential property in the area.
(5) Assist each eligible person to complete applications for pay-
ments and benefits.
(6) Assist each eligible, displaced person to obtain and move to a
comparable replacement dwelling. '
Only adequate inspection will insure that a particular unit meets
this standard, If a displaced person occupies a unit to which he is
referred by the public entity and the unit does not satisfy the compa-
rable replacement dwelling standard. the public entity has not ful-
filled its obligation to assist the displaced person to obtain such a
dwelling. Whenever this occurs the public entity shall offer to locate
such a dwelling for the displaced pcrson and to pay again all moving
and related expemes, If the displaced person chooses not to move
from lhe unit fhat he occupied following rcferral, the public entity
shail not assert thar he is ineligibie to receiv" rducaliu'l assislance and
benefits on the basis of that unit's failure to satisfy the comparable
replacement dwelling standard.
(7) Assist each eligible person displaced from his business or farm
operation in obtaining and becoming established in a suitable re-
placement location,
(8) Provide any services required to insure that the relocation
process does not result in different or separate treatment on account
of racc, color, religion, national origin, sex, marital status or other
arbitrary circumstances,
(9) Supply to such eligible persons information concerning federal
and stale housing programs, disaster loan and other programs admin-
istered by the Small Business Administration, and other federal or
state programs, offering assistance to displaced persons,
(10) Provide other advisory assistance to eligible persons in order
to minimize their hardships, It is recommended that, as needed, such
assistance include counseling and referrals witb regard to housing,
financing, employment, training, health and welfare, as well as other
assi~tance,
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UNITY1'OIEVELPPME:>;T TiTLE ~
. IReglate, 76.. No. 44--1o.3().lli)
',!s undqr this Article within 15 d' "S
~>onsl fo~ a parcel as to the availabhi.
IstanceJand the eligibility require.
.cedures fo~ obtaining such benefil~
h the reqlllrements of section 6Q..J1)
,e need ~f each such eligible perso~
ance wIth the requirements of sec-
t within ~ reasonable period of time
be .av~llabl.e comparable replace-
a des~f1bed m section 6008 (c), sum-
I ~vall~ble to such eligible persons
IUmg mformation on the availabili:
ble sales an~ rental housing, and of
es and locations, and as to security
)\hvn payments, interest rates and
t e area. '
t~ complete applications for pay-
:~ PIerson to obtain and move to a
insu ~t a pa~t~eular unit meets
'hn 0 pIes a umt to which he is
e u does not satisfy the com a-
~~rd, t Ie public entity has not '/:,1-
ISplaeed person to obtain such a
Ie public entity shall offer to locate
lerson and to pay again all moving
aced. person chooses not to move
~Iowm~ referral, the public entit)'
:0 r:cel\'e relo:"tion assistance and
~ faIlure to lIii:!lt.<f)' the conl-a....L 1
--.. ..~ ." ... .p Jd.u"e
li~placed from hi; business or farm
nmg established in a suitable re-
red to insure that the relocation
~r ,separate treatment on account
f1gm, sex, marital status or other
ns information concerning federal
'r,l~al).l!l~d other programs admin-
OlOls~ratlon, and other federal or
to qlSplaced persons,
itance tl> eligible persons in order
commended that, as needed such
referrals with regard to hO~lsing
ealth and welfare, as well as othe;
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645
\.'
TITLE 2S RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISITION GUIDELI:>;ES
(Regie'., 76. No. 44-10-30-16)
(II) 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 ill accordance with the provisions of section 5058.
(b) Rclocation Office_ When a substantial number of persons
will be displaced and the relocation staffs office is not easily accessible
to those pcrsons, a displacing cntity is encouraged to establish at least
one appropriately equipped site office which is accessible to all the area
residents who may be displaced and is staffed with trained or ex-
perienced rcloc~tion personnel. Office hours should be scheduled to
accommodate persons unable to visit the office during normal business
hours,
(c) Each displacing entity shall establish and maintain a formal
grievance procedure for use by displaced persons seeking administra-
tive review of the entity's determinations, The procedure shall be in
accordance with the requirements of Article 5.
6042. Replacement Housing Prior To Displacement; Notices To
Displaced Persons. (a) No eligible person shall be required to
move from his dwelling unless within a reasonable period of time prior
to displacement comparable replacement dwellings (as defined in sub-
section 6008(c)) or, in the case of a temporary move (as defined in
section 6044), adequate replacement dwellings (as defined in subsec-
tion (b) below) are available to such person,
(b) The criteria for adequate replacement dwellings are in all re-
spects identical to those for comparable replacement dwellings, except
that an adequate replacement dwelling, with respect to the number of
rooms, habitable living space and type of construction, need be only
adequate not comparable.
(c) Reasonable Offer of Repla_ement Housing. The require-
ments of thi> section shall be deemed to have been satisfied if a person
is offered and refuses without jl1stjfIC'ht~nn reasonable choice!t of spccifi.
cally identified comparable replacement dwelhngs which fully satisfy
the criteria set forth in the Guidelines, The offers shall be in writing,
in a language understood by the displaced person, The number of offers
determined to be reasonable should be not less than three.
(d) Notice. No eligible person occupying property shall be re-
quired to move from a dwelling or to move a business or fa!m operation,
without at least 90 da)'s written notice from the public entity requiring
the displacements, Public entities shall notify each individual tenant to
be displaced as well as each owner-occupant. (These requirements are
in addition to those contained in sections 6040 and 6046.)
(e) Waiver. The requirement in subsection (a) above may be
waived only when immediate possession of r('al property is of crucial
importance and by one of the following circumstances: .
(1) When displacement is necessitated by a major disaster as de-
fined in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat,
143,42 U,S,c. 5121), .
(2) During periods of declared national or state emergency.
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646
HOUSING AND CoMMUNITY OEVEJ.OPMENT TITLE,25
cn.ui.t~r 16. No., 44-10.30-761
6044. Temporary Move. (a) General. (1) A public entity shall
be required to minimize to the greatest extent feasible the use of
temporary relocation resources (as definE'd in section 6042) but,
when a project plan anticipates moves back into completed project
accommod'ltions, temporary relocation resources may be used, at the
displacE'd person's election for a limited period of time.
(2) Temporary relocation docs not diminish the responsibility of
the pubic entity to provide relocation assistance, ser\'ices and benefits
designed to achie\'e permanent relocation of displaced persons into
comparable replacement dwellings. .
(b) Requirements. (I) Temporary replacement housing may not
be relied upon if comparable replacement housing will not be avail-
able to' the displaced person within 12 months of the date of the
temporary move.
(2) Prior to the move, the public entity shall ha\'e determined and
have provided written assurance to each displaced person that:
(A) Comparable replacement housing will be made available at
the earliest possible time but in any event no later than 12 months
from the date of the move to temporary housing, Temporarily
housed persons may agree to extend the 12 month limitation but,
if they do not, the public entity shall ensure that comparable re-
placement dwellings are available within the 12 month period,
(ll) Comparable replacement housing will be made available,
on a priority basis, to toe individual or family who has been tempo-
rarily rehoused.
(C) The move to temporary housing will not affect a claimant's
eligibility for a replacement housing payment nor deprive him of
the same choice of replacement housing units that would have
been made available had the temporary move not been made and
th" costs of a tcmporar)' move will not he considered as all or a 1{art
of the relocation paj'mC'nt3 to which a displaced peiSVJl is entihed.
(0) If a project plan anticipates moves back into replacement
housing accommodations in the project or program area, the per-
son who has been temporarily displaced will be gi\'en priority op-
portunity to obtain such housing accommodations,
(E) The public entity will pa}' all costs in connection with the
move to temporary housing, including increased housing costs.
6046. Informational Program. (a) Basic Requirements. The
displacing entity shall establish and maintain an information program
that provides for thc following:
(1) Preparation and distribution of informational material as earl)'
as prncticable, to ('ach occupant of the property, This material shall
be distributed within 15 da)., following the initiation of negotiations
(see paragraph 6040(a) (1)) and not less than 90 days in ad\'ance of
displacement except for those situations described in subsection
6042(e). Where appropriate, separate informational statements shall
be prepared for residential and for, non-residential occupants.
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IUNITY ~EVEL'OP~IE:-;T TITL'" ,'"
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I eg.ate,76. No. 44-1o.JO.7&l
General (I) A public cptity .ball
gre~te\t cxtc!'t feasiblc the use of
(as defined III section 6042) but
rno~'es back into complcted projcci
Ic~tl?,n resou~ces may be used. at the
hnllted penod of lime,
!s. not d!minish the responsibilitv of
II10n assistance, services and benCrlts
relocation of displaced pcrsons into
~gs.
'rary replacement housing may not
~la~ement housing will not be avail-
tthm 12 months of the date of the
lie entity shall have dt'termined and
~ to each displaced person that:
nt housing will be made available at
1 any event no later than 12 months
o temporary housing. Temporaril)'
~xtend the 12 month limitation but
ty shlensure that comparable re:
able ~in th,e 12 month period,
:nt h mg will be made available
dual or amily who has been tempo:
, hl!using will not affect a claimant's
)usmg payment nor deprive him of
~nt housing units that would ha\'e
~mporary move not been made and
,vil! not be considered as all or a part
vluch a displ~lce~ person is entitled,
lates ~oves back into replacement
e 'proJect or 'program area, the per-
displaced Will be given priority 01'-
ng accommodations.
,ay al! co~ts in connection with the
lcludmg mcreased housing costs,
(a) B~sic Requirements.' The
I mamtam an information program
III ofinformational material as earlv
of ~he ptoperty. This material shail
owmg thc initiation of negotiations -
I'"!ot h:ss Ithan 90 days in advance of
sltuat,lOl)s described in subsection
!rate mformational statements shall
or non-residential occupants,
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647
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TITLE 25 RELOCATION ASSISTANCE ASD REAL
PROPERTY ACQUISITIO:-; GUIDELINES
(Reglat.' 76. No. "'-10-:>>16)
(2) Conducting personal interviews and maintaining personal
contacts with occupants of the property to the maximum extent prac-
ticable.
(3) Utilizing mcetings, newsletters, and other mechanisms, in-
cluding local media available to all persons, for keeping occupants of
the propelly informed on a continuing basis, The criterion for select-
ing llInong various alternatives shall he the likelihood of actually
communicating information 10 such persons, Legal publications, legal
ads in local newspapers of general circulation and similar means
which may go unnoticed are deemed to be inadequate.
(b) Language. Informational material should be prepared in the
language (s) most easily understood by the recipients. In displacement
areas where there are significant concentrations of persons who do not
read, write, or understand English fluently, the native language of the
people should be used and all informational material should be pro-
vided in the native language(s) and English.
(c) Method of Delivery. To assure receipt of the informational
material, the local agency should arrange to ha\'e the material either
hand-delivered to each occupant of the Eroperty with a request for a
written receipt, or sent by certified mai , return receipt requested.
(d) General and Specific Infonnation. In addition to disseminat-
ing general information of the type described in this section, the dis-
placing entity shall also provide each person with individual, written
notification as soon as his eligibility status has been established.
(e) Content of Infonnational Statement. Attachment A identifies
the kinds of information required to be included in statements dis-
tributed to occupants of the property. The figure lists minimum re-
quirements, The displacing entity should include an'/ additional
information that it believes would be helpful. (See Altachment A.)
Histor}': i Amenc.lult7:ul of i\Jbscc:lcn (a) (I) filed 11-5-76 a.. an emergency; designat-
ed e1feclive It,27-76 (Register 76. :\0.44),
6048. Survey and Analysis of Relocation Needs. (a) (1) Re-
quirement. Immediately following the initiation of negotiatiom
interview all eligible persons, business concerns, including nonprofit
organizations, and farm ollerations to obtain information upon which
to plan for housing and other accommodations, as well as counseling
and assistance needs,
(2) Coordination with Other Agencies. Other agencies may
also be conducting surve)'s in the area at the same time, Coordination
will be necessary to avoid duplication and to ensure that necessary
information is available at the appropriate time. S.urve)'s utilized to
gather data for social service referrals should be planned in coopera-
tion with social service agencies and a referral system shoufd be
established.
(3) Information to Persons to Be Displaced, The local agenc)'
shall carefully explain and discuss fully with each person interviewed
the purpose of the survey and the nature and extent of relocation
payments and assistance that will be made available, All persons shall
be advised and encouraged to vi.itthe relocation office for informa-
tion and assistance.
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HOUSIXG AND CoMMUNITY DEVELOPMENT , TITLE 25
(Reg~.ter l&. No. C4--1~l6)
(4) Relocation Records. Based on information obtained durin!!:
the survey and other sources as applicable, the 10c,,1 "gency sh,,1\
prepare and maintain an accurate relocation record for each pcrson
to be displaced, The record shall contain a description of the pcrti.
nent characteristics of the persons to be displaced and the assist"nce
deemed to be necessary.
(b) The survey shall be by -direct, personal interview, except where
repeated crforts indicate that is not possible. When a person cannot be
interviewed or the interview does not produce the information to be
obt"inecl reasonable efforts shall be made to obtain the information bv
other means, Eligible persons should be encouraged to bring any
change in their needs to the attention of relocation officials, The survey
shall be updated at least annually.
(e) A public entity shall endeavor to obtain the following informa-
tion: income; whether a person is elderly or handicapped; size of family;
age of children; location of job and factors limiting accessibility; area of
preferred relocation; type of unit preferred; ownership or tenant pref-
erence; need for social and public services, special schools and other
services; eligibility for publicI)' assisted housing; and with reference to
the present awelling, the rent, the type and quality of construction, the
number of rooms and bedrooms, the amount of habitable living space,
and locational factors including among others public utilities, public
and commercial facilities (including transportation and schools) and
neighborhood conditions (including municipal services). Other mat.
ters that concern a household as its members contcmplate relocation
should also be included,
(d) A written analysis of relocation housing needs shall be prepared.
It shall be prepared in sufficient detail to enable determination of the
availability for all potential displacees of hou,ing which meets the
standards set forth in the definition of compar&ble replacement hous-
ing, ,
The information concerning homeownership and rental units shall be
pro,'ided separately, The number of units neeaed sh"ll be identified by
cost for each size category. The needs of elderly and handicapped
households shall be shown separately and sh"lI include information on
the number of such households requiring special facilities and the na-
ture of such facilities,
The statement of relocation housing needs shall include a description
of the locational characteristics of the displacement area neighborhoods
corresponding to the requirements of comparabl(' repl"cement hous-
ing, Information shall be provided concerning proximity to present
employment sourc..~, medical and recreational facilities, parks. commu-
nity centcrs, shopping, transportation and schools, Information con-
cerning proximity to other relevant needs and amenities is essential to
ensuring that no residents are incapacitated by the relocation and such
information also should be provided.
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ITY DEVfl.oPMEI'T TITLE 25
.1 (R~I.t.r 7&. ~o. ~10-30-}61,
on mformahon obtamed during
pplic'able, the local agency shail
'elocation record for each person
ontain a description of the perti-
:0 be displaced and the assistance
)ersonal intervie..., except ...here
ossible. When a person cannot be
)t produce the information to be
lade to obtain the information bv
Id be encouraged to bring any
of relocation officials. The survey
to obtain the following informa-
rly or handicapped; size of family'
~tors limiting accessibility; area of
ferred; ownership or tenant pref-
~r"ices, special schools and other
,d housing; and with reference to
Ie aluality of construction, the
amo of habitable living space,
>ng rs public utilities, public
tra rtation and schools) and
municipal sen'ices), Other mat-
members contemplate relocation
I housing needs shall be prepared.
lil to enable determination of the
~E's of hou,jog which meets the
)f comparable replacement hous-
Iwnership and rental units shall be
mits needed shall be identified bv
eds of elderly and handicapped
and shall include information on
iring special facilities and the nd-
~ needs shall include a description
displacement area neighborhoods
If eomparllble replacement hous-
~onc~fning proximity to present
reati,on~l facilities. parks. eomf:lU-
In R1jd ~chools. .I!lformation con-
":ed~ a'1d amemhes IS essential to
~Itated Ij>y the relocation and such
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TITLE 25 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELlNF,S
tRegllt.r 76. No. "-10.>>16)
6050. Failure to Conduct Timely and Effective Survey. When a
survey is not conducted in a timely and effective manner, the public
entity shall be obligated to make every effort to locate all eligible
persons who have mo\'ed so that their needs can be included in the
survey and the impact on the housing stock in the community can be
more accurately determined, The public entity shall offer such persons
all relocation assistance and benefits for which they otherwise qualify
and, in addition, shall compensate such persons for all costs occasioned
by the enlit)"s failure to provide timely notice and offers of relocation
assistance and benefits,
6052. Survey and Analysis of Available Relocation Resources.
(a) (1) To enable a public entity reasonably to determine that the
requisite comparable replacement dwellings will be available, the
Ilublic entity, within 15 days following the initiation of negotiations,
shall initiate a survey and analysis of available comparable relocation
resources, .
If a re<;ent survey that provides the information identified in this
section is not available, the public entity 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.
(2) When more than 25 households will be displaced, survey re-
sults shall be submitted for review to local housing, development and
planning agencies and shall be compared to other existing informa-
tion on housing availability.
(3) The survey shall be updated at least annually.
(b) The survey area shall be reasonably related to the displacement
area and to the neen!. and preferenccs of the persons to be displuccn,
as indicated in the written analysis preparcd pursuant to section r,O.,iS,
The survey area shall have reievant characi~1 islics (see subsection
6008 (c) ) which equal or exceed those of the neighborhood from which
persons are to be displaccd,
(c) A written analysis of relocation housing resources shall be pre-
pared in sufficient detail to enable determination of the availability for
all potential displacees of housing which meets the standards set forth
in the definition of comparable replacement housing.
The information concerning homeownership and rental units shall be
provided separately. The number of units available shall be identified
by cost for each size catellory, Resources available to meet the needs
of elderly and handicapped households shall be shown separately and
shall include information on the number of units with special facilities
and the nature of such facilities,
The analysis of resources shall include a description of the locational
eharactcristics of the survey area neighborhoods corresponding to the
requirements of comparable replacement housing, Information shall be
provided concerning proximity to present employment sources (with
the consent of the displaced person a potential employer may be sub-
stituted), medical and rccreational facilities, parks, community centers,
shopping, transportation and !.chools. Information concerning proxim-
ity to other relevant needs and amenitics is esscntialto ensuring that
residents are not incapacitated by the relocation and such information
should also be provided,
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HOUSI:-iG AND COMMUNITY DEVELOPMENT 'IITLE 25
(Regl.'!I,16. No., 44-10->>16)
(d) (1) Units which do not satisfy the standards of comparable re-
placement housing, including the locational criteria, shall not be
counted as a rclocation resource.
(2) Uncompleted new construction or rehabilitation shall not be
included in the gross figure unless there is a substantial likelihood that
the units will be available whcn needed and at housing or rental costs
within the financial means of the prospective occupants,
(3) In addition to the other requirements of this section, the gross
figure representing the number of units available shall be discounted
to rellect both concurrent displacement (md the extent to which
turnover is represented, Concurrent di~placement 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
theorctically could occur in the complete absence of vacancies on a
person to - person basis, 'fhe use of turnover for relocation is not
permissible. The displacing entity shall assume that four percent of
the rental and one percent of the ownership units which meet the
standards of comparable replaccment dwellings (see section
6008 (c) ) represents turnover, The displacing entity shall use a higher
percentage figure if such figure is more accurate, The disDlacing
entity may use a lower figure if it establishes that the lower figure is
a more accurate assumption,
(4) Publicly subsidized housing, including public housing, shall not
be counted as a resource unless it reasonably can be established that:
(A) The units will be available when needed;
(B) The governmental body providing the subsid)' has made, in
writing, a reasonably binding commitment of assistance; and
(C) The units have been inspected and determined to be de.
cent, safe and sanitury and the inconle cciiillg.s. n:mllulIgt:,) aucl i.l~C
restrictions, if any, have been considered.
(D) The number of units available in the community exceeds
the number of households in need of the units, This requirement
may be waived by the department if the public entity can establish
that such units will be replaced by last resort housing within two
years. To establish that last resort housing will be developed as
required the public entity must have site control with permissive
zoning, preliminary plans and condItional commitments for sub-
sidy and financing or the cquivalent. The public entity also must
identify ownership. ' ,
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,(.:' (c) Uncompleted new construction or rehabilitation which is subsi-
, dized by public funds shall not be countcd as a relocation resource
unless the units are being subsidized to provide relocation resources.
6054. Last Resort Housing. (a) No eligible person shall bc re-
quired to move from his dwelling because of the action of a public
entity unless comparable replacement housing is available to him.
650
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m' DEVELOP~iEST Tl1-11E 25
(0' (R_glater 16. No. M-10.30-16)
I, I .
the siandards of comparable re-
10catiOllal criteria, shall not be
on o~ rehabilitation shall 'not be',
ere is asubstantiaI likelihood that
led and at housing or rental costs
rospective occupants.
rements of this scction, the gross
nits available shall be discounted
,ment and the eAtent to which
nt displacement by the federal
ing federally-assisted projects, as
>lie entities shall be taken into
operation by which occupancy
entory over a period of time and
Iplete absence of vacancies on a
r turnover for relocation is not
ball assume that four percent of
,wnership units whicn meet the
,ment dwellings (see section
isplacing entity shall use a higher
mOlccurate, The displacing
tabli s thatth~ lower figure is
lelU public housing, shall not
"sona y can be established that:
when needed;
oviding the subsidy has made, in
lmitment of assistance; and
,cted and determined to be de-
Ime ceilings, rent ranges and age
,sidered
able in the cuninilliiity t:xceed)
1 of the units, This requirement
if the public entity can 'establish
y last resort housing within two
t housing will be de,'eloped as
ave site control with permissive
~ditional commitments for sub-
:nt, The public entity also must
or rehabilitation which is subsi~
mnted' as a relocation resource
:0 proville relocation resources.
I I
I/o ,eligi)>le person shall be re-
cause of the action of a public
housing is available to him,
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TITLE 25 RELOCATIOro; ASSISTANCE AND REAL
PROPERlY ACQUISITION GUIDELINES
(Reglate, JL No. 44-10.30-76)
(b) If on the basis of its survey and analysis of relocation needs and
resources a public entity cannot determine that comparable replace-
ment housing will be available as required, the public enllty may not
proceed with any phase of a project or other activity which will result
in displacement unless it providcs such housing, (See Article 4,)
(c) If the action of a public entity has resulted or is resulting in
dispJac~mcnt and comparable replaccment housing is not available as
needed, the public entity shall use its funds, Or funds authorized for the
project to providc such housing (sce Article 4), or shall terminate or
suspend further implementation of the project activity in accordance
with the provisions of section 6018.
(d) Temporary relocation resources may be relied upon in the in-
terim only if the provisions of section 6004 are satisfied.
6056. Temlination of Relocation Assistance. A public entity's
relocation obligations cease under the following circumstances:
(a) A displaced person moves to a comparable replacement dwelling
and receives all assistance and payments to which he is entitled,
(b) The displaced person moves to substandard housing, refuses rea-
sonable offers of additional assistance in moving to a decent, safe and
sanitary replacement dwelling and receives all payments to which he
is entitled.
(c) All reasonable efforts to trace a person have failed. To ensure that
the action of a public entity does not reduce the housing supply in
critical categories or locations, unsuccessful efforts to trace a particular
displaced person shall not lessen the obligation to provide last resort
housing, (See Article 4.)
- (d) The business concern or farm operation has received all assist-
ance and payments to which it is entitled and has been successfully
relocated or has ceased operations,
(e) A person displaced from his dwelling, business or farm refuses
reasonable offers of assistance, paymenbi and comparah!p replacement
housing,
6058. Eviction. (a) Eviction is permissible only as a last resort.
It in no way affects the eligibility of evicted displaced persons for reloca-
tion payment,;, Relocation records must be documented to ref]ectthe
specific circumstances surrounding th.) eviction.
(b) Eviction shall be undertakcn only for one or more of the follow-
ing reasons: _
(1) Failure to pay rent, except in those cases wherc the failure to
pay is due to the lessor's failure to keep the premises in habitable
condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services,
(2) Performance of a dangerous, illegal act in the unit.
(3) Material breach of the rental agreement and failure to correct
breach within 30 days of notice, .
(4) Maintenance of a nuisance and failure to abate within a reason-
able time following notice,
(5) Refusal to accept one of a reasonable number of offers of re-
placement dwellings,
(6) The eviction is required by State or local law and cannot be
prevented by reasonable efforts on the part of the public entity.
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HOUSISG AND COMMUNITY DEVELOpm:NT ,TITLE 2.~
(R_ulater l&. No. ~'a..3C).16J
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6060. Evaluation of Rclocation. (a) A public entit)' is en-
couraged to evaluate its relocation program, assessing the quality and
quantity of services provided as well as displacee satisfaction, to deter-
mine the adequacy of program planning and to ascertain whether an)'
persons have been denied the full benefils and services to which they
are entitled. The evaluation should be based upon an annual or continu-
al inspection of files and records, case interviews, and inspection of
replacement housing and business and farm replacement locations and
discussions with local individuals or organizations familiar with reloca-
tion isslles, A written evaluation should be prepared at least annually,
(bl The files and records of displaced persons and property owners
shou d be selected at random, The review should include any cases that
were identified by previous monitoring as requiring corrective action
and should assess the public entity's progress in taking corrective ac-
tion. Both relocation and acquisition activities should be covered by the
review.
(1) The relocation sample should include cases in which all pay-
ments have been completed and cases in which the person has been
displaced but all payments have not )'et been made. Thc sample
should provide a basis for the reviewer to determine not only
whether payments were computed properly and made promptly. but
also whether displaced persons received proper notice of the full
range of relocation assistance and services to which they are entitled.
Priority attention should be givcn to cases in which a grievance has
been filed or the agency has determined that a person is ineligible for
relocation benefits,
(2) The acquisition sample should be based on cases in which
settlement has been completed. HOWever, if necessary to pro\'ide a
representative sample of acquisition activities, the reviewer should
include incomplete trans:lctions in which negotiations have been im-
tiated.
(c) After the records and files have been reviewed, the reviewer
should select cases for further evaluation through personal interviews
with displaccd persons andlor owners and the inspection of housing to
which persons have moved. The intervicws and housing inspections
should serve both to spot check the accuracy of the information ob-
tained in the examination of the records and files and give the reviewer
a better perspective,on the agency's performance. -
The number and type of cases for which intel views and housing
inspections are to be carried out should reflect the reviewer'sjudgment
based on the information he has just reviewed. Generally, an interview
and inspection should be carried out for at least one of evcry five cases
for which the files and records have been reviewed, Only where the
number of persons displaced is less than 25 should the number of inter-
views and inspections be less than 10. In no case should the number of
interviews and impections be lower than the lesser of five and the
number of persons displaced. To !he extent possible, the int~rviews
should cover a representative cross section of thl' types of cases in the
agency's workload: e,g., relocation cases involving familics of various
sizes as well as individuals lInd business concerns (including bOlh own-
ers and ten~nls). and acquisition transactions involving residential,
commercial and industrial properties.
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INITY ftijl'E~~MENT TITLE 25
(Regiater 18. No. 44-,0.>>".
,. (a) A public entit>' is en-
program, asscssing the quality and
I as displacee satisfaction, to deter-
",ing and to ascertain whcther any
lenefits and services to which they
Ie based upon 'an annual or continu-
case interviews, and inspection of
.nd farm replacement locations and
organizations famihar with reloca-
ould be prepared at least annually,
laced persons and property owners
eview should include anv cases that
Iring as requiring corrective action
.s progress in taking corrective ac-
I activities should be covered by the
.uld include cases in which all pay-
cases in which the person has !:ieen
~ nloet been maoe. The sample
re er to determine not only
~d pr ,rly and made promptly, but
ree proper notice of the full
I ser s to which they are entitled,
:n to cases in whith a grievance has
rmined that a person is ineligible for
hould be based on cases in which
However, if necessary to provide a
ition activities, the reviewer should
in which negoliatlOns have been ini-
have beel) reviewed, the reviewer
luation through personal intervie\vs
lers and the inspection oi housing to
interviews and housing inspections
:he accurac}' of the information ob-
cords and files and give the reviewer
:y's perFormance,
. for which interviews and housing
ould renect the reviewer'sjudgment
,st reviewcd, Generally, an interview
IlIt for allenst one of cvery five cases
lye bee~l reviewed. Only where the
s than 25 should the number ofinter-
I 10, In no case should the number of
wer than the lesser of fh'e and the
, the extent possible, the int~rviews
ss sl' n of th.. tvpes of cases in the
n c involving" families of various
;ine' ncerns (including both own-
n tr' ctions involving residential,
cties,
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TITLE 25 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION CUlm:LINES
(Regis'e, 16. No. 44-'0->>76)
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(d) In addition to the above, the following factors are among those
which should be considcred:
(1) The efFectivene>s of eFForts to provide relocation services to
displaced pcrsons, including timeliness of notice and correctness of
eligibility determinations.
(2) The satisfaction of relocated families, individuals and business
concerns in their new locations, -
(3) The extent to which sclf-moves to substandard housing have
been minimized,
(4) The effectiveness of efforts to provide relocation services to
business concerns, including counseling services and SBA loans to aid
in their reestablishment.
(5) The promptness of processing claims and the making of pay-
ments, including the amounts, delivery, and use of relocation pay-
ments, -
(6) The number and magnitude of rent increases following acqui-
sition and displacement.
(7) The effectiveness of methods used to resolve difficulties ex-
perienced by site occupants, .
(8) The effectiveness of the public entity's grievance procedures,
(9) The extent of resident involvement in planning the relocation
program.
(10) The effectiveness in assuring equal opportunity for displaced
persons and in reducing patterns of minority-group concentration,
(11) The effectiveness of relocation in upgrading the housing and
overall environmental conditions of persons displaced.
(12) !he eff~ctiveness of the social service program, including
counsel1ng serVIces, in helping residents adjust to relocation and in
helping solve individual and family problems.
(13) The impact on those segments of the housing market serv;ng
the income groups displaced, -
Article 3, Relocation Payments
6080. Purpose. The purpose of this Article is to set forth the
t>:pes of, a:-ld specific eligibility criteria for, relocation payments to
displaced persons, Basic eligibility conditions are set forth in section
~84. Specifi~ conditions relating to particular payments are described
111 later sectlons.
6082. Relocation Paymcnts by Public Entity. A public entity
shall make relocation payments to or on behalf of eligible displaced
persons in accordance with and to the full extent permitted by this
Article. The obligations described in this Article are in addition to those
in Article 6,
6084. Basic Eligibility Conditions. A person establishes basic eli-
gibility for relocation payments if he satisfies the conditions described
i~ section 6034, A person who moves from real property or who moves
hiS personal property from real propert}' because he will be displaced
from other real property on which he conducts a business or farm
operation, establishes eligibility on the basis of the move from such
other propel ~y only for payments made pursuant to section 6090,
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HOUSINC AND COMMUNITY DEVELOPMENT TITLE 25
(Regis'., 78. No. ~'o.JO.76)
6086. Notice of Intent to Displace. A public entity mny issue a
wrillen Notice of Intent to Displace at any time after forming a reason-
able expectation of acquiring real property, Such a notice, byestablish-
ing eligibility prior to acquisition, will enable a public entity to respond
to hardship and other situations.
6088. Filing of Claims; Submission of Tax Returns. All claims
filed with the public entity shall be submitted within eighteen months
of the date on which the claimant receives final payment for the prop-
ertyor the date on which he moves, whichever is later, The displacing
entity may extend this period upon a proper showing of good cause.
Except where specifically provided otherwise a claimant shall not be
required to submit a copy of his tax returns in support of a claim for
relocation payments, ,
6090. Actual Reasonable Moving Expenses. (a) General. A
[lublic entity shall make a payment to a displaced person who satisfies
the pertinent .eligibility requirements of section 6084 and the require-
ments of this section, for actual reasonable expenses specified below
and subject to the limitations set forth in subsection (c) of this section
for moving himself, his family, business, farm operation or other person-
al property. In all cases the amount of a paYIl)ent shall not exceed the
reasonable cost of accomplishing the activity in connection with which
a claim has been filed,
The moving and related expenses for which claims may be filed shall
include:
(1) Transportation of persons and property not to exceed a dis-
tance of 50 miles from the site from which displaced, except where
relocation beyond such distance of 50 miles is justified;
(2) Packing, crating, unpacking and uncrating personal property;
(3) Such storage of personal property, for a period generally not
to exceed 12 months, as determined by the public entity to be neces-
sary in connection with relocation;
(4) Insurance of personal property while in storage or transit; and
(5) The reasonable replacement value of property lost, stolen or
damaged (not through the fault or negligence of the displaced per-
son, his agent, or employee) in the process of moving, where insur-
ance covering such loss, theft or damage is not reasonably available.
(6) The cost of disconnecting, dismantling, removing, reassem-
bling, reconnecting and reinstalling machinery, equipment or other
personal property (including goods and inventory kept for sale) not
acquired by the public entity, including connection charges imposed
by public utilities for starting utility service,
(b) Actual Reasonable Moving Expenses-Displaced Business Con-
cerns and Fano Operations. In addition to those compensable ex-
penses set forth in subsection (a) of this section, a displaced business
concern or farm operation may file a claim for the following moving
and related expenses:
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rNIT\" DEVELOPMENT tITLE' 2;;
(.. (Regleter 78. No. oM-1D-JO.161
'ce. I'AlpubiiC entity may issue a
at anl' time aftcr forming a rcason-
operty. Such a notice, by establish-
II endbY a public entity to respond
;ion of Tax Returns. All claims
.ubmitted withlll eighteen months
ceives final payment for the prop-
whichever is later, Thc displacing
a proper showing of good cause.
:I otherwise a claimant shall not be
returns in support of a claim for
19 Expenses. (a) Ceneral, A
:0 a displaced person who satisfies
:s of section 6084 and the require-
mnable expenses specified below
h in subsection (c) of this section
55, farm operation or other person-
)f a payment shall not exceed the
,actiy.I' in connection with which
or w claims 'may be filed shall
nd property not to exceed a dis-
n which displaced, except where
rOO miles is justified;
and uncrating personal property;
.pert)', for a period generally not
I by the public entity to be neces-
.to" u.h:1C 'n -'or- -e 0 'r " ,
"J ..u... .. 1.:)1, d.~ r L ans,llj auu
: value of property lost, stolen or
negligence of the displaced per-
process of moving, where insur-
mage is not reasonably available,
:lismantling, removing, reassem-
: machinery, equipment or other
and inventory kept for sale) not
ling c~nnection charges imposed
y sen"ce,
,enses":""Oisplaced Busincss Con.
Iition to those compensable ex-
this Section, a displaced business
clahn Jr the following moving
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TITLE 25 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDEUNES
(Regilt.' 76. No. 44-10-30-16)
655
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(1) The cost, directly related to displacement and subject to the
limitation imposed by paragraph (b) (2), of:
(A) Any addition, improvement, alteration or other physical
change in or to any structure or its premises in connection with the
reassembling, reconnection or reinstallation of machinery, equip-
ment or other personl;Ll property, A public entity, at its discretion,
!Ilay compensate a d~splaced business or farm for any addition,
Improvement, alteration or other physical change otherwise re-
quired to render such structure, premises, or equipment suitable
for the business or farm's use.
(B) Modifying the machinery, cquipment, or other personal
propcrty to adopt it to the replacement location or to utilities
available at the replacement location or modifying the power sup-
ply.
(2) Claims for payment under this subsection shall be subject to
-the following limitations:
(A) Reimbursable costs shall be reasonable in amount.
(B) The cost shall be found by the public entity to be required
by law or ordinance or to be otherwise necessary to the reestablish-
ment of the displaced business or farm,
(C) The cost could not be avoided or substantially reduced at an
alternate available and suitable site to which the business was re-
ferred, _
(0) The public entity shall deduct, on the basis of a reasonable
estimate, the amount! if any, realized by the displaced business
concer? as compensaho~ for comparable additions, improvements,
alter~tlOns or other phYSIcal changes 10 the structure and premises
acqUIred, as part of the payment made for the acquisition of such
structure and premises.
,(3) The eo~t of any license, permit or certification required by a
dIsplaced bUSIness concern to the extcnl ~uch cost is necessary to the
reestablishment of its operation at a new location,
(4) The reasonable cost of any professional services (including but
not limited to, architects', attorneys' or engineers' fees, or consult-
ants, charges) necessary for planning the move of personal property,
movmg the personal property, or installation of relocated personal
property at the replacement site. -
. (5) ,where an !tem of personal property which is used in connee-
h~n Wlth any buslll7ss or fa~lll operation is not moved but is replaeed
w.th a comparable Item, reImbursement in an amount not to exceed
(1) the replaceme':lt cost, minus any net proceeds received from its
sale, or (2) the eshmated cost of moving, whichever is less.
(~). Advance !'ayments. 1\ displaced person may be paid for his
an~clpated mov~ng expenses m advance of the actual move. A public
entIty ~hall pro~.de adva':lce pa)'ment whenever later pa)'ment would
result m ~na~cl~I ~ardshlp, ~a~ticu~ar consideration shall be given to
the finanCIal hmltatJons and dIffIculties. experienced by low and moder-
, ate IIlcome persons and small farm and business operations.
(d) The specific provisions contained in this section are not intended
to preclude a public entity's reliance upon other reasonable means of
effecting a move, including contracting moves and arranging for assign-
ment of moving expense payments by displaced persons.
6-75059
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656
HOUSIl';G AND COMMUNITY DEVELOPMENT " TITLE 25
(Regla'e, 76. No. oM-1D.>>7&)
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(e) Self.moyes. Without documentation of moying eXp',mses ac-
tually incurred, a displaced person electing to self.move may submit a
claim for his moving expenses to the public entity in an amount not to
exceed an qcceptable low bid or an amount acceptable to the displacing
entity.
(f) Perso,nnl Property of Low Value and High Bulk-Business or
Fann Operation. Wherc, in the judgment of the public entitv, the
cost of moving any item of personal property of low value and high bulk
which is uscd in connection with any business or farm operation would
be disproportionate in relation to its value, the allowable reimburse-
ment for the expense of moving such property shall not exceed the
. difference between the cost of replacing the same with a comparable
item available on the market and the amount which would have been
'received for such property on liquidation. This provision may in appro-
priate situations be applied to claims involving the moving of junkyards,
. stockpiles, sand, gravel, minerals, metals and similar property.
(g) Documentation in Support of a Claim. (11 General. Except
in the case of a displaced person conducting a se f.move as provided
in subsection (e) above, a claim for a payment under this section shall
be supported by a bill or other evidence of expenses incurred. B)I
IIrearrangement between the public entity, the site occupant, and
the mover, evidenced in writing, the claimant or the mover may
present an unpaid moving bill to the public entity, and the public
entity may pay the mover directly.
(2) Business and Fann Operations. Each claim in excess of
$1,000 for the costs incurred by a displaced person for moving his
business or farm operation shall be supported by competitive bids in
such number as are practical. If the public entit)' determines that
compliance with the bid requirement is impractical or if estimates in
an amount of less than $1,000 are obtained, a claim may be supported
by estimatE's in lieu of bids.
(h) Whenever a public entity must pay the actual cost of moving a
displaced person the costs of such move shall be exempt from regula-
tion by the Public Utilities Commission as provided by section 7262 (e)
ofthe Act. The public entity may solicit competitive bids from qualified
bidders for performance of the work. Bids submitted in response to
such solicitations shall be exempt from regulation by the Public Utilities
Commission. -
6092. Actual Direct Losses of Tangible Personal Property.
(a) General. A public entity shall make a payment to a displaced
person who satisfies the eligibility requirements of section 6090 and this
section, for actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, in an amount
determined by the public entity to be in accordance with the provisions
of this section, '
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nTY DEVELOI'~IEXT ~IT-LE ~,
i. I CRogiater '7&. No. 44-10.30-16)
entat,ion of moving expenses ac-
lectirlg to self-move may submit a
pubiic entity in an amount not to
nOUl.}t acceptable to the displacing
llue and High Bulk-Business or
Idgment of the public entity, the
..operty of low value and high bulk
, business or farm operation would
ts value, the allowable reimburse-
lch properly shall not exceed the
lcing the same with a comparable
Ie amount which would have been
ation. 111i5 provision ma)' in appro-
involving the moving of junkyards,
letals and similar property.
If a Claim. (Il- General. Except
:onducting a se f-move as provided
r a payment under this section shall
~vidence of expenses incurred, By
Iblielity, the site occupant, and
:, th aimant or the mover may
) th blic entity, and the public
:ly.
'ations. Each claim in excess of
a displaced person for moving his
,e supported by competitive bids in
, the public entity determines that
nent is impractical or if estimates in
obtained, a claim may be supported
lust pay the actual cost of moving a
move shall be exempt from regula-
.sion as provided by section 7262 (e)
,licit competitive bids from qualified
'ork. Bids submitted ;n response to
'om regulation by the Public Utilities
rangible Personal Property.
hall make a payment to a displaced
'equirements of section 6090 and this
angible personal property as a result
less or farm operation, in an amount
be in accordance with the provisions
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TITLE 2S RELOCATlOX ASSISTAXCE AXD REAL'
PROPERTY ACQl'ISITlOX GUIDELINES
IRegla,e, 7&. No. 44-10-:0.161
657
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(b) Detennining Aclual Direct Loss of Property. ' Actual direct
loss of property shall be detf'rmined on the basis of the lesser of the
following:
(1) The fair market value of the property for continued use at its
location prior to displacement.
(2) The estimated reasonable costs of relocating the property.
The public entity ma)' rcquire that lhe owner first make a bona fide
effort to sell the property or it may permit the owner not to do so. The
proceeds realized from any sale of all or part of the property shall be
deducted from the determination of loss, In calculating payment under
this section the reasonable cost of an effort to sell shall be added to the
determination of loss.
(c) Documentation to Support Claim. A claim for payment
hereunder shall be supported by written evidence of loss which may
include appraisals, certified prices, bills of sale, receipts,. cancelled
checks, copies of advertisements, offers to sellr auction records, and
other records appropriate to support the claim or the public entity may
agree as to the value of the property left in place,
6094. Actual Reasonable Expenses in Searching for a Replacement
Business or Farm. A displaced person who satisfies the pertinent
eligibility raquirements of section 6090 with respect to actual reason-
able moving expenses, shall be eligible for a payment in an amount not
to exceed $500, in searching for a replacement business or farm, includ-
ing expenses incurred for:
(a) Transportation;
(b) Meals and lodging away from home;
(c) Time spent in searching, based on the hourly wage rate of the
salary or earnings of the displaced person or his representative, but not
to exceed 810 per hour; and
(~) PI'I'S paid to a r('at estatc agent or broker to locate a replacement
busmess or farm,
6096, Moving Expenses-Outdoor Ad\'ertising Businesses. A dis-
placed person who conducts a lawful activity primarily for assisting in
the purchasc, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the ercction
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.
6098. Altcrnate Payments-Individuals and Families. A person
or family, who is displaced from a dwelling and is eligible for a payment
for actual reasonable mo\'ing cxpenses under section 6090, may elect to
receive and shall be paid. m lieu of such payment;
(a) A moving expellSe a\iowance not to exceed 8300 and determined
in accordance with established Federal Highway Administration
schedules maintained b)' the California Department of Transportation,
and
(b) A dislocation allowance of 8200.
HistOT.i: l. Ameondment of subst:'ction (a) filed 11-5-76 as an emergcnc)'; designa.ted
effectivE' ll-Z1- 76 c Regl!loter 76, :'\0. 44>>.
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658
HOUSISG AXe Cml~ll:XITY DEVELOP~I..:-.,. '. TITLE 25
(Reglat., 1&. No. 44-10.30-161
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6100. Alternate Payments-Businesses and Farm Operatiou.
(a) General. (I) A person who is displaccd frem his. place of
business or farm operation and is eli~ible for payments under sections
6090,6092,6094, or 6096, and comphes with the requirements of this
section, may elect to recei\'c and ~hall bc paid, in lieu of such pa)"
ments, a payment equal to the a\'erage annual net earnings of the
bu~iness or farm operation (but not including a business as described
in section 6096) as determined in accordance \\ith subsection (b)
below, except that such payment shall be not Icss than 82,500 nor
more than 810,000, For purposes of this section, the dollar limitation
specified in the preceding sentence shall apply to a single business,
regardless of whether it is carried on under one or more legal entities,
(2) Loss of Goodwill. When payment under this section will
precede settlement of a claim for compensation for loss of goodwill
under the Eminent Domain Law, the public entity before tendering
payment shall state in writing what portion of the payment, if any,
is considered to be compensation for loss of goodwill and shall explain
in writing that any payment made pursuant to Code of Civil Proce-
dure, Sections 1265,510 et seq. (the Eminent Domain Law, Chapter
9, Article &-"Compensation for Loss of Goodwill") will be reduced
in the same amount. The portion considered to be compensation for
loss of goodwill shall not exceed the difference between the payment
made under this section and an amount which reasonably approxi-
mates the payments for which the displaced person otherwise would
be eligible under Sections 6090, 6092, 6094, and 6096, Failure to pro-
vide such written statement and explanation shall constitute a conclu-
sive indication that no portion of the payment is considered to be
compensation for loss of goodwill for the purposes of that portion of
the Code of Ci\'il Procedure referenced above. -
(b) Requirements-Businesses. Pa)'ffient shall not be under this
section unless the public entity determines that:
(1) The business cannot be relocated without a subtanrial ioss oi
its existing patronage, based on a consideration of all pertment cir-
cumstances including such factors as the type of business conducted,
the nature of the clientele, the relati\'e importance to the displaced
business of its present and proposed location, and the availability of
a suitable relocation site;
(2) The business is not part of a commercial enterpri~c having
another establishment which is not being acquired for a project and
which is engaged in the same or similar business, Whenever the sole
remaining facility of a business which has been displaced from its
principal location: -
(A) Has been in operation for less than two years;
(B) Has had average annual gross receipts of less than 82,000
during the two taxable years prior to displacement of the major
component of the bus mess; or
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l'OlTI' rj;I:lVELdP~IEXT T1TLI~ 2.~
I I (Regiater 16. No. 44-10-30-781
nessI'S a~d Farm Operations, '
o is Idi~placcd from his place of
IigibJe-for parments under sections
plies with the requirements of this
shall be paid, in lieu of such pay.
yerage annual net earnings of tlie
)t including a business as described
n accorclance with subsection (b)
t shall be not I('ss than 82,500 nOr
)f this section, the dollar limitation
Ice shall appl)' to a single business,
on under one or more Icgal entities.
payment under this section will
~ compensation for loss of goodwill
, the public entity before tendering
~atportion of the payment, if any,
for loss of goodwill and shall explain
Ie pursuant to Code of Ch.il Proce-
1e Eminent Domain Law, Chapter
LoSSIGOOdWiII") will be reduced
con red to be compensation for
Ie di ence between the payment
amo which reasonably approxi-
~ disp aced person otherwise would
1092, 6094, and 6096, Failure to pro-
,xplanation shall constitute a conclu-
.( the payment is considered to be
! Cor the purposes of that portion of
lrenced above,
Payment shall not be under this
termines that:
located without a subtantiai ioss of
a consideration of all pertinent cir-
'S as the type of business conducted,
elative importance to the displaced
,sed location, and the availability of
)f a commercial enterprise having
lOt being acquired for a project and
similar business, Whenever the sole
which-has been displaced from its
for less than two years;
11 gross receipts of less than $2,000
prior to displacement of the major
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TITLE 25 REI.OCATIOX ASSISTANCE AND REAL
PROPt:RTI' ACQUISITION GUIDELlXES
(Regl.t.r 16. No. 44-10.30-16)
659
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(C) lias had av('ruge annual net earnings of less than 81,000
during the two taxable }'ears prior to the displacement of the major
component of the business. the remaining facility will not be con-
sidered another "establishment" for purposes of this section; and
(3) The displaced busincss:
(A) Hud average annual gross receipts of at least 82,000 during
the two taxable years prior to displacement; or
(n) The displaced business had average annual net earnings of
at least $1,000 during the two taxable years prior to displacement;
or
(C) The displaced business contributed at least 33'1.. percent of
the total gross income of the owner (s) during each of the two
taxable years prior to displacement. If in any case the public entity
determines that the two year period prior to displacement is not
representative of average receipts, earnings or income, it may
make use of a more representative period,
(c) Detennination of Number of Businesses. In determining
whether one or more legal entities, all of which have been acquired,
constitute a single business, the following factors among others shall be
considered:
(1) The extent to which the same premises and equipment are
shared,
(2) The extent to which substantially identical or intimately inter-
related business functions are pursued and business and flllancial
affairs are commingled.
(3) The extent to which such entities are held out to the public,
and to those customarily dealing with such entities, as one business.
(4) The extent to which the same person or ciosely related persons
own, control or manage the affairs of the (nlitles,
(d) Requiremcnt:;-Fa;-ms. In the C2se of P. fArm nppration, no
payment shall be made under this section unless the public entit)' deter-
mines that the farm met the definition of a farm operation rrior to its
acquisition. If the displacement is limited to only part 0 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 opera-
tion prior to the taking and the taking caused such a substantial change
in the nature of the existing farm operation as to constitute a displace-
ment.
(e) Requirements-Nonprofit Organizations, In the case of a
nonprofit organization, no payment shall be made under this section
unless the public entity det~rmines that: .
(I) The nonprofit organization cannot be relocated without a sub-
stantialloss of its existing patronage (the term "existing patronage"
as used in conncction with a nonprofit organization includes the
membership, persons, community, or clientele served or affected by
the activities of the nonprofit organization); and
. (2) The nonprofit organization is not a part of an enterprise having
at least one other establishment not being acqUired which is engaged
in the same or similar activity,
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660
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HOUSISG ASD CO~IMUNITY DEVELOP:,IEIIo"T , TITLE 25
(Reglater 16" No. 44-10-300761
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(f) Net Earnings. The term "average annual net earnings'. as
used in this section means one-half of an)' net earnings of the business
or farm operation, before federal and state inco;ne taxes, during the two
taxablc ycars immediately preceding the taxable year in which the
business or farm operation moves from the real property acquired for
such projec;t, or during such other period as tlie head of the public
entity determines to be more equitable for establishing such earnings,
and includes any compensation paid by the business or farm operation
to the owner, his spouse or his dependents during such period, The
term "owncr" as used in this section includes the sole proprietor in a
sole proprietorship, the principal partners in a partnership, and the
principal stockholders of a corporation, as determined by the public
entity. For purposes of detcrmining a principal stockholder, stock held
by a husband, his wife and their dependent children shall be treated as
one unit. '
(g) If a displaced person who conducts a business or farm operation
elects to rcceive a fixed payment under this section, he shall provide
proof of his earnings from the business or farm operation to the agency
concerned, Proof of earnings may be established by income tax returns,
financial statements and accounting records or similar evidence accept-
able to the public entity.
His/ory: I Amendment of subsection (e) (2) med 11-5-76 as an emergen")'; designal-
ed e!Tech"e 11-27-76 (Register 76, rooo,44),
6102. Replacement Housing Payments for Homeowners.
(a) General. A public entity shall make to a person who is dis-
placed from a dwelling and who satisfies the pertinent eligibility re-
quirements of section 60S-! and the conditions of subsection (b) of this
section, a payment not to exceed a combined total of $15,000 for:
(1) The amount, if an\', which whcn added to the acquisitiun cost
of the dwclling acquired for the project equals the reasonable cost,
as determined in accordance with subsection (c), of a comparable
replacement dwelling. This amount shall not exceed the difference
between the acquisition price of the acquired dwelling and the actual
purchase price of the replacement dwelling, except where a dis-
placed person, in the circumstance described in paragraph
6108 (a) (1), is willing to use the extra money to improve the condition
'of the dwelling,
(2) The amount, if any, to compensatc the displaced person for
any increased interest costs, as determined in accordance with sub-
section (c). he is required to pay for financing the acquisition of a
replacement dwelling. The payment shall not be .made unlcss the
dwelling acquired by the public entity was encumbered by a bona
fide mortgage which was a valid lien on the dwelling for notlcss than
180 days prior to the initiation of negoliations for acquisition of such
dwelling, (This time requirement may be modified in accordance
with the provisions of subsection (b) below,)
(3) Reasonable expenses, determined in accordance with subsec-
lion (c) of this section, incurred b)' the displaced person incident to
the purchase of thc replacement dwelling.
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ITY DEVELOPME~"T TITLE 25
[. ! (Register 1'6. "'0. 44-10-30-18)
:'erag~ annua! net earnings" as
any .re~ earnmgs of the bpsiness.
;tate I,ncome taxes, during the two
~ the humble year in which the
m the real propcrty acquircd for
,eriod as the head of the public
,Ie for eSla,blishmg such earnings,
>y the busmess or farm operation
'!1dents during such period, The
mcludes the sole proprietor in a
rtners in a partnership, and the
;>n, liS detcrmined by the public
principal stockholder, stock held
11dent children shall be treatcd as
lucts a .busillE;sS or farm operation
der thIs section, he shall provide
s or farm operation to the agency
lstablished by income tax returns
~cords or similar evidence accept:
I) fil176 as.n emergency; design.t-
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nent r Homeowners.
all ma e to a person who is dis-
isllE;s. the pertinent eligibility re-
mdltions of subsection (b) of this
,ombined total of S15,ooo for:
'hen added to the acquisition cost
roject equals the reasonable cost
subsection ~c), of ~ comn~rnbl~
It shall not excced the difference
~ acquired dwelling and the actual
1t dwelling, except where a dis-
;tance des~ribed in paragraph
'a money to Improve the condition
,pen~ate t~e displaced person for
:ermmed m accordance with sub-
for llnancing thc acquisition of a
ent shall not be.made unlcss the
nlily was encumbered by a bona
,n on th~ dwelling for not less than
Icgoliations for acquisition of such
. may bb modified in accordance
(b) I?elow,)
mined ih accordance with subsec-
y the displaced person incident to
dwelling.
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'661
RELOCATlOS ASSISTASCE ASD REAL
PROPERTI' ACQUlSITlOS GUIDELlSES
(Regl.'.' 76. No. 44-10->>78) ..
(4) In accordance with section 6106, the cost of rehabilitating a
dwelling which does not satisfy the decent, safe and sanitary stand-
ard,
(b) Eligibility Conditions.
(1) A displaced person is eligible for payment under this section
if such person:
(A) Is displaced from a dwelling that is acquired; .
(8) Has actually owned and occupied such dwelling for not less
than 180 days prior to the initiation of negotiations for its acquisi-
tion; and -
(C) Purchases and occupies a replacement dwelling within one
year subsequent to the date on which he received llnal payment
from the public entity of all costs of the acquired dwelling or the
date on which he moves from the acquired dwelling, whichever is
later.
(2) If an owner satislles all but the 180 day requirement and can
establish to the satisfaction of the public entity that he bought the
dwelling with the intention of making it his place of residcnce, that
the move was not motivated by a desire to receive relocation assist-
ance and benellts, and that he neither knew nor should have known
that public acquisition was intended the public entity may reduce the
requirement as necessar)'.
(3) Where for reasons beyond the control of the displaced person
completion of construction, rehabilitation, or relocation of a replace-
ment dwelling is delayed beyond the date by which occupancy is
required, the public entit)' shall determine the date of occupancy to
be the date the displaced person enters into a contract for such
construction, rehabilitation, or relocation or for the purchase, upon
eom~letion, of a dwelling to be constructed or rehabilitated, if, in fact,
the uisplac~d pe~son oc('upip.~ the replaceInent d\\"elling when the
construction or rehabilitation is completed,
(4) Where, for reasons of hardship or circumstances beyond the
control of the displaced person, such person is unable to occupy the
replacement dwelling by the required date, the public entity may
extend the deadline as necessary, If by the deadline the displaced
person has contracted to purchase a replacement dwelling, the public
entity should extend the deadline.
(5) No person otherwise eligible for a payment under this section
or under section 6104 shall be denied such eligibility as a result of his
being unable, because of a major state or national disaster, to meet
the occupancy requirements.
(c) Computation of Replacement Housing Payment. (1) Cost of
Comparable Replacement Dwelling. (A \ In determining the
reasonable cost of a comparable replacement dwelling, the public
entity concerned shall use one of the following methods:
TITLE 25
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662
HOUSISC AND COMMUSITY DEVELOPMEST TITLE 25
IRegi.,er I&. No...~10.:J0.16)
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1. Comparative Method. On a case-b).-cas'c basis by deter-
mining the listing price of dwellings which have been selected
by the public entity and which are most representative of the
acquired dwelling unit and meet the definition of comparable
replacement dwelling set out in subsection 6008(c). Whenever
possible the listing price of at least three dwellings shall be con-
sidered.
.2. Schedule Method. Where the public entity determines
that the comparative method is not feasible, it may establish a
schedule of reasonable acquisition costs for the various types of
comparable replacement dwellings, If more than one entity is
administering a project causing displacement in the area, it shall
cooperate with the other entities in establishing a uniform sched-
ule for the area. The schedule shall be based on a current analysis
of the market to determine a reasonable cost for each type of
dwelling to be purchased. In large urban areas this analysis may
be confined to the sub-area from which persons are displaced or
may cover several different sub-areas, if they satisfy or exceed
the criteria listed in subsection 6008(c). To assure the greatest
comparability of dwellings in any analysis, the analysis shall be
divided into classifications of the type of construdion, number of
bedrooms, and price ranges.
3. Alternative Method. Where the public entity deter-
mines that neither the schedule, nor comparative method is fea-
sible in a given situation, by the use of another reasonable
method.
(B) Whichever method is selected the cost shall be updated to
within three months of the date of purchase of the replacement
dwelling. .
(2) Interest PaYlTlents. Interest payments shall be equal to the
discounted present value of the difference between the aggregate
interest applicable to the amount of the principal of the mortgage on
the acquired dwelling over its remaining term at the time of acquisi-
tion, and other debt service costs, and the aggregate interest paid on
the mortgage on the replacement dwelling, and other debt service
costs. The term and amount of the mortgage on the replacement
dwelling for purposes of this paragraph shall be the lesser of the
remaining term and amount of the mortgage on the acquired dwell-
ing, or the actual term and amount of the mortgage on the replace-
ment dwelling, The amount of the debt service cost with respect to
the replacement dwelling shall be the lesser of the debt service cost
based on the cost required for a comparable dwelling, or the debt
service cost based on the actual cost of the replacement dwelling.
Prepaid interest or "points" shall be considered in the determina-
tion of aggregate interest.
In calculating the amount of compensation, increased interest cost
shall be reduced to discounted present value using the prevailing
interest rate paid on savings deposits by commercial banks in the
general area in which the replacement dwelling is located.
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irrY IDEVELO:'ME!\'T TITLE 25
(Reglster'l. No. 44-10.30-16)
)n a ca~e-by-casc basis bv detcr.
ellings ,,'hieh havc been selected
,h are -nlosl representative of the
leet the definition of comparable
in subsection 6008 (c) , Whenever
least three dwellings shall be con-
lre the public entity determines
is not feasible, it may establish a
ition costs for the various types of
~Ilings. If more than one entity is
g displacement in the area, it shall
ies in establishing a uniform sehed-
Ihall be based on a current analysis
I reasonable cost for each type of
arge urban areas this analysis may
3m which persons are displaced or
ub-areas, if they satisfy or exceed
In 6008 (c). To assure the greatest
any analrsis, the analysis shall be
he tlo construction, number of
Whe the public entity deter-
lie, nor comparative method is fea-
'y the use of another reasonable
lected the cost shall be updated to
:~ of purchase of the replacement
1st J1ayments shall be equal to the
dillerence between tilt: aggl'"g..le
of the principal of the mortgage on
laining IeI'm at the time of acquisi-
and the aggregate imerest paid on
t dwelling, and other debt service
lhe mortgage on the replacement
ragraph shall be the lesser of the
Ie mortgage on the acquired dwell-
nt of the mortgage on the replace-
Ie debt service cost with respect to
e the lesser of the debt service cost
compatable dwelling, or the debt
cost of the replacement dwelling,
all b~ considered in the determina-
It" d'
mpen~a lon, mcrease mterest cost
pre~ent value using the prevailing
pOSIts by commercial banks in the
,emldwelling is lc.cated.
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TITLE 25 RF.LOCATIOX ASSISTAXCE AXD RF.AL
PROPERIT ACQUISITIOX GUIDELlSES
{Reglste,7t. No. ~1o.>>16} .
663
I)
(3) Expenses Incident to the Purchase of the Replacement Dwell.
ing. Payment under this section shall include the amount neces-
sary to reimburse the displaced person for actual costs incurred by
him incident to the purchase of the replacement dwellin!!. including
but not limited to the following: legal, closing, and related costs in-
cluding title search, preparing conveyance contracts, notarv fees,
surveys, preparing drawings or plats, and charges paid incident to
recordation; lender, FHA, VA or similar appraisal cost; FH...., VA or
similar application fee; cost for certification of structural soundness;
credit report charges; charge for owner's and mortgagee's evidence
or assurance of title; escrow agent's fee; and sales or transfer taxes,
Payment for any such expenses shall not exceed the amount attribut-
able to the purchase of a replacement dwelling. Such expenses shall
be reasonable and legally required or customar)' in the community,
Reimbursement shall not be made under the pro\isions of this
paragraph for any fee, cost, charge, or expense which is determined
to be a part of the debt service or finance charge under Title I of the
Truth in Lending Act (Pub. L, 90-321), and Regulation Z issued pur-
suant thereto by the Board of Governors ef the Federal Reserve
System. Any such sum should be considered in the determination of
interest payments,
(d) Multi-family Dwelling, In the case of a displaced homeown-
er who is required to move from a one-familv unit of a multi-family
building which he owns, the replacement housing payment shall be
based on the cost of a comparable one-family unit in a multi-family
building of approximately the same density or if that is not available in
a building of the next less density, or, if a comparable one-family unit
in such a multi-family building is not available, the cost of an otherwise
comparable single-family structure.
(e) Owner llelention. (1) If a displaced homeowner elects to re-
tain, move, and occupy hiS dwcHing, the aluuunt paj"able uncle!' thi~
section is the difference between the acquisition price of the ac-
quired property and the sum of the mo,'ing and restoration expenses,
the cost of correcting decent, safe, and sanitar)' deficicncies, if any,
and the aClual purchase price of a comparable relocahon site, A
Jlublic entity may limit the payment made under this subsection to
the amount of the replacement housing payment for which the
homeowner would otherwise be eligible,
(2) The pa)'ment shall not exceea 815,000.
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664
HOUSINC AND cOM~IUJIOITY DEVELOP~IE:\T 11TLE 2,')
(Regi.".,1&. No. 44-10->>78)
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(f) Provisional Payment Pending Condemnation. If the exact
amount of a replacement housing payment cannot be determined be.
calise of a pendmg condemnation suit, the public entity concerned may
make a pro\'isional replacement housing payment to the displaced
homeowner equal to the difference between the public entity's max-
imum offer for the property and the reasonable cost of a comparable
replacement dwelling, but only if the homeowner enters into an agree-
ment that upon final adjudication ofthe condemnation suit the replace-
ment housing payment will be recomputed on the basis of the
acquisition price determined by the court. If the acquisition price as
determined by the court is greater than the maximum offer upon which
the provisional replacement housing pa"ment is based, the C1ifferenee
will be refunded by the homeowner to the public entity, If the acquisi-
tion price as determined b}' the court is less than the maximum offer
upon which the provisional replacement housing payment is based, the
difference will be paid to the homeowner.
(g) Lease of Condominium. For the purposes of this section, the
leasing of a condominium for a 99-year period, or for a term which
exceeds the life expectancy of the displaced person as determined by
the most recent life tables in Vital Statistics of the United States, as
published by the Public'Health Service of the Department of Health,
Education and Welfare, shall be deemed a purehase of the condomin-
ium.
6104. Replacement Housing Payments for Tenants and Certain Oth-
ers. (a) General. A public entity shall make to a displaced person
who satisfies the eligibility requirements of section 6084 and the condi-
tions of subsection (b) below, a payment not to exceed 84,000 for either:
(I) An amount, computed in accordance with paragraph (d) (I) of
this section, necessary to enable such person to lease or rent a replace-
ment dwelling fe:" ~ period net to exceed 4 }'~f\T,; or
(2) An amount, computed in accordance with paragraph (d) (2) of
this section, necessary to enable such Jlerson to make a downpa)'ment
on the purchase of a replacement dwelling (including incidental
expenses described in section 6102), If such amount exceeds $2,000,
the displaced person shall equally match any such amount in excess
of $2,000 in making the down payment.
(b) - Eligibility Conditions. A displaced person is eligible for the
payments specified in subsection (a) if he satisfies the following condi-
tions:
(1) Has occupied the dwelling from which he is displaced for a
period of not less than 90 days prior to the initiation of negotiation for
acquisition of such dwelling.
(2) Is not eligible to receive a replacement housing payment for
homeowners under section 6102 or elects not to receive such pay-
ment. Where the displaced person is the O\\l1er-Occupant of the
dwelling, the payment made under paragraph 6104(a) (2) shall not
exceed the amount of payment to which the person would be eligible
under section 6102.
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IITY D)'''VELO~MElIo'T TiTLE 2s '
I I (::tftgister 11. No. 44-10-30-761
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: Condemnalion. If the exact
ymcAt cannot be determined be,
, the :puplic entity concerned may
lusing 'paymcnt to the displaced
between the public enlity's max-
, reasonable cost of a comparable
homeowner enters into an agree-
he condemnalion suit the replace-
:computed on the basis of the
court. If the acquisition price as
in the maximum offcr upon which,
payment is based, the difference
to the public entity, If the acquisi-
rt is less than the maximum offer
,ent housing payment is based, the
)wner,
, the purposes of this section, the
vear period, or for a term which
isplaced person as determined by
Statistics of the United States, as
'ice Ihe Department of Health,
med urchase of the condomin-
nent Tenants and Certain Oth.
shall make to a displaced person
ents of section 6084 and the condi-
.ent not to exceed $4,000 for either:
:ordance with paragraph (d) (1) of
:h person to lease or rent a replace-
, exceed 4 years; or
:'ordance With paragraph (d) (2) of
~h person to make a down payment
~t dwelling (including incidental
~). If such amount exceeds $2,000,
match any such amount in excess
ment.
splaced person is eligible for the
. if he satisfies the following condi-
from which he is displaced for a
r to the. initiation of negotiation for
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reph\ce\1lent housing payment for
Dr elect~ not to receive such pay-
on is tl;1e owner-occupant of the
.er paragraph 6104 (a) (2) shall not
which the person would be eligible
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TITLE 25 RELOCATlOX ASSISTASCE AXD REAL
PROPERTY ....CQUISITIOS CUIDELlSES
(Registe, 76. No. 44-10.30-1&1 -
(3) Whenever a payment under subsection (a) (2) i~ so~ght the
displaced person shall within one year from the date of displacement
purchase and occupy a replacement dwelling,
(c) The provisions in subsection 6102(b) for modifying the condi-
tions of eligibility also apply to this section.
(d) Computation of Pa)'ment.
(1) Rcntnls. The amount of payment necessary to lease or rent
a comparable replacement dwelling, under subsection (a) (I), shall
be computed by subtracting 48 times the base monthly rental o~ the
displaced person (as determined in accordance with this subsection),
from 48 times the monthly rental for a comparable replacement
dwelling (as determined in accordance with this subsecti?n): Pro-
vided that in no case may such amount exceed the difference
betw~en 48 times the base monthly rental as determined in accord-
ance with this subsection and 48 times the monthly rental actually
required for the replacement dwelling occupied by the displaced
person.
(A) Base Monthly Rental. The base monthly rental shall be
the lesser of the average monthly rental paid by the displaced
person for the 3-month period prior to initiation of negotiations and
25 percent of the displaced person's average monthly income. (See
subsection 6008(1) ,) 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 (see subsection
6008 (h) ) shall he used in heu of the average monthly rental to
calculate base monthly rental.
(B) Comparable Rental. The monthly rental for_ a compara-
ble replacement dwelling shall be the amount of rent determined
by the public entity by one of the methods described in paragraph
6102(c) (1). considering rental charge~ instead of listing pric,~ or
acquisition cost.
(C) Whichever method is selected the cost shall be updated to
within three months of the date of rental of the replacement dwell-
ing,
(2) Downpayment. The down payment for which a payment
specified under paragraph (a) (2) of this section may be made. to.
gether with any matching share which may be required. shall not
exceed the amount of a reasonable downpayment for the purchase
of a comparable replacement dwelling where such purchase is fi-
nanced. plus expenses incident to the purchase of a replacement
dwelling computed in accordance with Section 6102. The full amount
of a down payment under this section shall be applied to the purchase
of the replacement dwelling and shall be shown on the closing state-
ment or other document acceptable to the public entity,
(e) Rental Payments for Displaced Owners and Dependents.
(1) Owners. A displaced owner who ('Iects to rent rather than
pur('hase a replacement dwelling and who meets the eligibility c~ndi-
tions specified in subsection (b) is eligible for the payment speCified
in paragraph (a) (1),
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HOUSISG A.'lD COMMUSITY DEVELOPMENT TITLE 25
CReglat.,7G. No. "';""10.>>7&1
(2) Dependents. A dependent who is residing separate and
apart from the person or tamily pro\iding support, whether such
separate residence is permanent or temporary, shall be entitled to
payment under this section, but sucb payment shall be limited to the
period during which the displaced dependent resides in the replace-
ment dwelling. At the time the displaced dependent vacates that
dwelling, no further payment under this section shall be made to such
person, For the purposes of this paragraph a 'dependent' shall be a
person who derives fifty-one percent or more 0 his income in the
form of gifts from any private person or any academic scholarship or
stipend. r'ull-time students sh::.ll be presumed to be dependents but
may rebut this presumption by demonstrating that fifty percent or
more of their income is derived from sources other than gifts from
another private person or academic scholarships or stipends,
Dependents residing with the family of which they are a part shall
not be entitled to any payment except as a part of the family,
(f) Disbursement. Except where specificall)' provided otherwise,
the public entity shall have the authority to disburse payments under
this section in a lump sum, monthly or at other intervals acceptable to
the displaced person.
6106. Proration of Payments. For the purpose of calculating an
alternate payment under section 6093 or a replacement housing pay-
ment under section 6102 or 6104, two or more individuals (whether
they are members of one family or notl living together in and displaced
from a single dwelling shall be regarded as one person,
Where a tenant is sharing a single-family dwelling with an owner-
occupant and paying the owner-cccupant rent for the privilege, the
tenant shall not be entitled to more than one-half of the rental supple-
ment otherwise payable, The owner-occupant shall not be required to
share the payment to which he;s entitled or accept a prorated amount.
Jiisrory: 1. Amend.l1u~ut filcG li-5-76 ES M.n clToe:ger:.C)'; deslg!1atf"c1 effeC'tive 11.21-76
(Register 76, 1'0.44) 0
6108. Condition of Replacement Dwelling, (a) When a dis-
placed person qualifies for a replacement housing payment (under
section 6102 or 61(4) by purchasing or renting a replacement dwellillg,
the unit, as a general rule, must be decent, safe and sanitary. There are
three exceptions. One is described in paragraph 6040 (a) (6), The others
are:
(1) If the purchase of such a dwelling is the result of the public
entity's failure to identify a reasonable number of comparaole re'
placement dwellings as required or if the dwelling is one to which the
person was referred by the public entity, the condition of the dwell-
ing does not affect eligibility for a replacement housing payment.
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my DEVEWPMENT Tn"LE 25
I I (Regleter 78. No. 44-10..30-1&)
It who is residing separate and
providing support, whether such
)r temporary, shall be entitled to
eh payment shall be limited to the
dependent resides in the replace-
iisplaced dependent vacates that
,r this section shall be made to such
aragraph a 'dependent' shall be a
:ent or more of his income in the
:on or any academic scholarship or
e presumed to be dependents but
~monstrating that fifty percent or
rom sources other than gifts from
lic scholarships or stipends.
mily of which they are a part ~hall
Kcept as a part of the family.
e specifically provided otherwise,
lority to disburse payments under
or at other intervals acceptable to
lor tlpurpose of calculating an
98 0 replacement housing pay-
wo or more individuals (whether
It) living together in and displaced
:rded as one person.
e-family dweIling with an owner-
=upant rent for the privilege, the
than one-half of the rental supple-
-occupant shall not be rl"q\lired to
:itled or accept a prorated amount.
l emergency; designaleci effectivli:: ll-Zia;6
~t Dwelling. (a) When a dis-
cement housing payment (under
)r renting a replacement dwelling,
ecent, safe and sanitary, There are
l paragraph 6040 (a) (,6), The others
.welling is the result of the public
mable'number of comparable re-
r if the qweIling is one to which the
entitY"the condition of the dwell-
II replac;ement housing payment,
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TITLE 25 REI.QCATION ASSISTASCE ASD REAL
PROPERTY ACQUIsmos GUlDELlSES
(Regl.,.,7G. No. 44-10..:J0.1I)
6fi7
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(2) If the purchase of such a dwelling is not the result of a public
entity's referral or failure to rl"fer, the othcr\\ise eligible person quali-
fies for a replacement housing pa)'ment if the unit is brought into
compliance \\ith the decent, safe and sanitary standard, In this situa-
tion payment shall be limited to the amount that would be provided
in connection \\ith the purchase of a similar, comparable replace-
ment dwelling or the sum of the actual costs of acquisition (including
related expenses) and rehabilitation, whichever is less,
(b) A public entity shall not induce or encourage a displaced person
to acquire a dwelling which does not satisfy the comparable replace-
ment housing standard. (See section 6008(c).)
6110. Certificate of Eligibility. Upon request by a displaced
homeowner or tenant who has not yet purchased and occupied a re-
placement dwelling, but who is othemise eligible for a replacement
housing payment, the public entity concerned shall certify to any inter-
ested party, financial institution, or lending agency, that the displaced
homeoy,ner or tenant \\ill be eligible for the payment of a specific sum
if he purchases and occupies a dwelling within the time limits pre-
scribed,
6112. Mobile Homes. (a) General. A mobile home is a dwell-
ing. (See subsection 6008(g).) 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) Moving Expenses. If a mobile home is moved to another
site, the displaced person shall be compensated for moving expenses in
accordance \\ith sectbns 6090 and 6092. The provisions of these sections
which generally apply only to businesscs and farms shall also appl)' to
displaced persons ,,-:ho move 2. mobHp home.
(c) Replacement Housing Payments. (1) A person who owns a
mobile home and site and as a replacement purchases both a dwelling
and site shall be pro~ided a replacement housing payment in accord-
ance with section 6102. A person who o\\ns a mobile home and site,
and as a replacement rents both a dwelling and site, shall be provided
a payment L, accordance with section 6104,
(2) A person who rents a mobile home and site, and as a replace-
ment rents or purchases a dwelling and site, shall be provided a
payment in accordance with section 6104.
(3) A person who o\\ns a mobile home and site, and as a replace-
ment purchases a dwelling and rents a site, shall be pro\ided a pay-
ment in accordance \\ith sections 6102 and 6104. The payment shall
be limited to the lesser of:
(A) The amOlmt necessary to purchase a conventional compara-
ble replacement dwelling; and
(B) The amount necessary to purchase a replacement mobile
home (in accordance with section 6102) plus the amount necessary
to rent a replacement site (in accordance \\ith section 6104), In
calculating this amount, the economic rent for the site shall be used
in lieu of average monthly rental to determine the base monthly
rental (as prO\ided in paragraph 6104 (d) (1)),
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HouslSG AND COMMUSITY DEVELOP~IF.ST TITLE 25
(Regil'.' l&. N~. 44-,0->>.76)
(4) A person who owns a site from which he mo,'es a mobile home
shall be provided a replacement housing pa)'ment under section 6102
if he purchases a replacement site and under section 6104 if he rents
a replacement site,
(5) A person who owns a mobile home 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 6102);
(B) The amount necessary to purchase a replacement mobile
home (in accordance with section 6102) plus the amount necessary
to lease, rcnt or make a downpayment on a repla~ement site (in
accordance with section 6104); or
(C) Ifhe elects to rent a replacement mobile home and site. the
amount required to do so in accordance with section 6104, In cal-
culating this payment, the average monthly 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 combina-
tions of ownership and tenancy upon which a claim for payment
might be based,
6114. Affected Property. (a) In addition to the payments re-
quired by Section 7262 of the Act (see sections 6090, 6092, 6094, 6096,
6098 and 61(0), as a cost of acquisition, the public entity shall make a
llayment to any affected property owner meeting the requirements of
this section,
(b) Such affccted property is immediately contiguous to property
acquired for airport purposes and the owner shall have owned the
property affected by acquisition by the llublic entity not less than 180
day; prior to the initiation of negotiatIOn for acquisition of the acquired
v,opc,ty.
(c) Such payment, not to exceed fifteen thousand aoHar. (Sl;i,Cv"C),
shall be the amount, if any, which equals the actual decline in the fair
market value of the property of the affected property owner caused by
the acquisition by the public entity for airport purposes of other real
property and a change in the use of such property.
(d) The amount, if any, of actual decline in fair market value of
affected property shall be determined according to rules and regula-
tions adopted by the public entity. Such rules and regulations shall limit
payment under this section only to such circumstances in which the
decline in fair market value of aJfected property is reasonabl)' related
to objective physical change in the use of acquired property,
(e) "Affected property" means any real property which actually
declines in fair market value because of acquisition by a public entity
for public nse of other real property and a change in the use of the real
property acquired by the public entity.
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IITY DEVELOPMENT TITLE 25
I CReglate, 76. No. 44-10-30-76)
m wHich he moves a mobile home
using payment undcr scction 6102
~nd under section 6104 if he rents
home which is acquired and rents
t as follows:
lVailable the amount required to
,ement dwelling (in accordance
, purchase a replacement mobile
~ 6102) pl~ls the amount necessary
'yment on a replacement site (in
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cement mobile home and site the
ordance with section 6104, In' cal-
.ge monthly rental shall equal the
ne plus the actual rent for the site.
pplied to other possible combina-
Ipon which a elaim for payment
n alon to the payments re-
ees ons~,~2,~4 ~6
[)II, t e public entity shall ~ake ~
vner meeting the requirements of
mediately contiguous to property
the owner shall have owned the
the public entity not less than 180
tion for acquisition of the acquired
fifteen thousand uunar~ (Sl:i,GUO) I
~uals the actual decline in the fair
lffect!,=d property owner caused by
for airport purposes of other real
r such property.
,I decline in fair market value of
ed according to rules and reaula-
Ich rules and regulations shall limit
such circumstances in which the
ted pr9perty is reasonably related
use of acquired property,
my real property which actually
:e of acc\uisilion by a public entity
and a change in the IIse of the real
lity. I
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TITLE 25 RELOCATION ASSISTANCE ASD REAL
PROPERTY ACQUISITION Cl:IDEUSES
CRegl.'. 76. No, _'0.30-761
669
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Article 4. Last Resort Housing
6120. Purpose. The purpose of this part is to set forth the crite-
ria and procedures for assuring that if the action of a public entitv
results, or will result in displacement, and comparable replacement
housing willnol be available as needed, the public entity shall use its
funds or funds authorized for the project to provide such housing.
6122. D:etcrmination of Nced for Last Resort Housing. If on the
basis of data derived from surveys and analyses which satisfy the re-
quirements of sections 6048 and 6052, the public entitv is unable to
demonstrate that comparable replacement housing will be available as
required, the head of the public entity shall determine whether to use
the public entity's funds or the funds authorized for the project to
provide such nccessary replacement housing or to modify, suspend or
terminate the project or undertaking.
6124. De\'elopment of Replacement Housing Plan. (a) General.
(1) Following the determination pursuant to section 6122, the head
of the displacing public entity shall develop or cause to be developed
a replacement housing plan to produce a sufficient number of compa-
rable replacement dwellings. The plan shall specify how, when and
where the housing will be provided, how it "ill be financed and the
!lffil!unt 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 senices as
appropriate, the suitability of the localion and environmental impact
ofthe proposed housing, the arrangements for maintaining rent lev-
els approl'riate for the persons to be rehoused, and the disposition of
proe~eds from rent~, sale, or resale of such housing, If a referendum
reqUIrement or zomng presents an obstacle, the issue shall be ad-
dressed.
(2) All contracts and suoconbacls rOi the- con:;tI"uction. reh2biHt!!-
tion or management of last resort housing shall be let "ithout dis-
crimination as to race, sex, marital status, color, religion, national
origin, ancestry or other arbitrary circumstance and pursuant to an
affirmative action program. The public entity shall encourage partici-
pation by minority persons in all levels of construction, rehabilitation
planning, financing and management of last resort housing. Whe~
the housing will be located in an area of minorit\" concentration the
public entity shall seek to secure significant participation of mi~ori-
ties in these activities, The public entity shall require that, to the
greatest extent feasible, opportunities for training and employment
arising in connection with the planning, construction, rehabilitation,
an~ l!per~tion of last resort housi~g be gi~'en to persons of low income
resldmg m the area of such housmg and shall determine and imple-
ment means to secure the participation of small businesses in the
performance of contracts for such work.
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HOUSlll:C AlI:D CO~IMUlI:lTI" DE\'ELOP~IEST TITLE 25
(Reglater 16. No. :'4-'o.~16)
(b) Citizen Participation. (1) If the need for last resott housing
exceeds 25 units, the head of the displacing public enlily shall estab-
lish a conllnitlee which will consult with and provide advice and
assistance to the displadng public entity in the development of the
plan, The committee should include appOInted representatives of the
aisplncing entity and state and local agencies knowledgeable regard-
ing housing in the area, including but not limited to the local housing
authority and the central relocation agcnc)', if any. In addition, the
eommillee should include representatives of other appropriate pub-
lic groups (for example, local and area\\ide planning agenciesl and
private groups knowledgeable regarding housing and the problems
of housing discrimination,
(2) The committee shall include representatives of the residents
to be displaced, These representatives may be appointed by the dis-
placing enlily or elected by the residents, as the residents wish. Resi-
dent representatives shall, at a minimum, constitute one-third of the
committee membership, Votes shall be allocated so that the total
votes of resident representatives shall equal one-half of the total votes
of the committee membership,
(3) The plan must be approved by the vote of a simple majority
of the commi,tee membership. In the event the committee fails to
approve the plan, the local governing body or, where the displacing
entity is a state agenc~', the head of the state agency may subslilute
its approval.
(c) Consultation with Other Housing Agencies and Organization..
The head of the displacing public entity may consult or contract with
.the department, a local housing authorit~., or other agency or organiza-
tion having experience in the administration or conduct of housing'
programs to provide technical assistance and advice in the develop-
ment of the replacement housing plan,
6126. Submission of Plan for Comment, The head of the dis-
placing public entity shall submit the plan and all significant amend-
ments to the department and local hO:lsing and planning agencies for
comment and to assure that the plan accurately reilccts housing condi-
tions and needs in the relocation area. Re\;e\\;ng agencies shall have
30 calendar days following receipt of the plan to prepare their com-
ments, Copies of all comments recei\'ed shall be forwarded to the com-
mittee and available to all interested persons.
General notice of the plan shall be pro\'ided. :\otice shall be designed
to reach the residents of the relocal1on area; it shall be in accordance
with the provisions of paragraph 6046(a) (3) and subsection 6046(b);
and it shall be provided 30 days prior to submission to the committee,
or the local governing body or head of state agency for approval.
6128. Determination by Displacing Public Entity of Feasibility and
Compliance. Upon receipt and consideration of the comments, the
displacing public entity shall determine whether or not:
(a) The plan is feasible,
(b) The plan complies with applicable environmental standards and
procedures.
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!UNJ'IT DEVELoPMENT ' TiTLE 25
f . ~ ~ (Reglater 1.. No. 44--1D-30-1&)
If the need for last resort housing
~ displacing public entity shall esta!>-
mult with and provide advice and
lic entity in the development of the
"de appointed representatives of the
lcal agencies knowledgeable regard-
g but not limited to the local housing
.lion agency, if any, In addition, the
sentatives of other appropriate pub-
Id areawide planning agencies) and
egarding housing and the problems
Jde representatives of the residents
:atives may be appointed by the dis-
residents, as the residents wish. Resi-
linimum, constitute one-third of the
shall be allocated so that the total
shall equal one-half ofthe total votes
ed by the vote of a simple majority
In the event the committee fails to
rninldY or, where the displacing
:I of state agency may substitute
ousing i\geneies and Organizations.
entity may consult or contract with
thority, or other agency or organiza-
ministration or conduct of housing
,istance and advice in the develop-
plan.
Comment, The head of the dlS-
the plan and all si/:l1ilicant amcnd-
1 housing and planning agencies for
m accurately reflects housing eondi-
nea, Reviewing agencies shall have
t of the plan to prepare their eom-
eived shall be forwardE'd to the eom-
ted persons.
,e provided. Notice shall be designed
ation area; it shall be in accordance
6046(a)(3) and subsection 6046(b);
"ior to submission to the committee
ad of stfte agency for approval. '
~ing Public Entity of Feasibility and
:onside~ation of the c,)mments the
rmine whether or not: '
licabte environmental standards and
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TITLE 25 RELOCATJOS ASSISTANCE AND REAL
PROPERlY ACQUISITION GUIDELINES
(Regiat.' 76. No. 44--10.30-16J
(c) The plan is comp:lIible with the local generai plan ;""d housing
element and the areawide housing plan or strategy,
If an)' of the above determinations by the displacing public entity is
negati\'e the displacing public entity shall revise the plan ,IS necessary.
Substantial modifications III the plan shall be submitted for re\iew and
comment as provided in scchon 6126. Ifnccessary for timely implemen-
tation of the plan or execution of the project, the head of the displacing
public entity may shorten the time allowed in section 6126 for review
of modifications,
6130. Implementation of the Replacement Housin!: Plan. Upon
making the determinations required by section 6128, the head of the
displacing entity may expend funds and take such other actions as
necessary to pro\ide, rehabilitate, or construct replacement housing
pursuant to tne approved replacement housing plan through methods
including but not limited to the following:
(a) Transfer of funds to state and local housing agencies.
(b) Contract with organizations experienced in the development of
housing,
tc) Direct construction by displacing public entity.
Whenever practicable, the head of the displacing public enti!}' should
utilize the services of federal, state, or local housing agencies, or other
agencies having experience in the administration or conduct of similar
housing programs.
6132. Housing Production. The head of the displacing public
entity shall monitor the production of the last resort housing to ensure
that it is in accordance with the plan.
6134. Jointly Sponsored Development. Where several agencies
are administering programs resultinu in residental displacement, op-
portunitiE's shall be sought for joint development and financing to ag-
gregate resources in' order most efficiently to provide replacement
housing in sufficient quantity to satisfy the agg,regaLt: JU~t:Js VI such
programs.
6136. Last Resort Housing In Lieu of Payments. A public entity
shall not require a displaced person to accept a dwelling provided
pursuant t.o this Article in lieu of the displaced person's acquisition
payment, if any, for the real property from which he is displaced or the
relocation payments for which he inay be eligible,
6138. Conformity with the Act and Other Statutes, Policies and
Procedures. (a) Civil Rights and Other Acts. The administration
of this Article sball be in accord with the provisions of the l'nruh Civil
Rights Act (Civil Code, Sections 51 et seq.) , the Rumford Act (Health
and Safet)' Code, Section 35;00 et seq,) , Section 1 of the Civil Rights Act
of 1866 (42 U,S,C, 1982), Title VI of the Civil Rights Act of 1964, Title
VIII of the Civil Rights Act of 1968, the Environmental Quality Act of
1970 (Public Resources Code, Section 21100 et seq.) and regulations
issued pursuant thereto.
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HOUSINC AND CoMMUNITY DEVELOPMENT , TITLE 2.';
(Regi.t... 78. No. .w...:.,o.:tO-76)
,
(b) Dwelling and Relocation Standards. Determinations made
pursuant to section 6122 and any plan developed and implemented for
providing replacement housing and all such housing pro\'ided thereun_
der shall be in conformity with the standards established in the Act and
Guidelines,
Article 5. - Griev!l"ce Procedures
6150. Purpose, The purpose of this article is to set forth guide-
lines for processing appeals from public entity determinations as to
eligibility, the amount of payment, and for processing appeals from
persons aggrieved by a public entity's failure to refer them to compara-
ble permanent or adequate temporary replacement housing, Public
entities shall estabiish procedures to implement the provisions of this
Article.
6152, Right of Review, (a) Any complainant, that is any person
who believes himself aggrieved by a determination as to eligibility, the
amount of payment,the failure of the public entity to pro,ide compara-
ble permanent or adequate temporary replacement housing or the
public entity's property management practices may, al his election,
have his claim reviewed and reconsidered by the head of the public
entity or an authorized designee (other than the person .....ho made the
determination in question) in accordance with the procedures set forth
in this article, as supplemented by the procedures the public entity shall
establish for such review and reconsideration.
(b) A person or organization directly affected by the relocation plan
may pelition the department to review the final relocation plan of a
public entity to determine if the plan is in compliance \\ith state laws
and guidelines or review the implementation of a relocation plan to
determine iEthe public entity is acting in compliance with its relocation
plan, Review undert"ken by the department under this section may be
intorma! or may follow the procedures outlined in Government Code,
Sections 11180 et seq, Before conducting an investigation under the
Government Code sections, the department should attempt to con-
strain disputes between parties,
Failure to petition the department shall not limit a complainant's
right to seek judiCial review.
(cl If a relocation appeals board has been established pursuant to
Section 33417.5 of the Health and Safety Code, a cit)' by ordinance may
designate the board to hear appeals from local pubhc entities which do
not have an appeal process, In the absence of such an ordinance, public
entities shall establish procedures to implement the provisions of this
Article.
6154. Notification to Complainant. If the public entity denies or
refuses to consider a claim, the public entity's notification to the com-
plainant of its determination shall inform the complainant of its reasons
and the applicable procedures for obtaining review of the decision. If
necessary, such notification shall be printed in a language other than
English in accordance with section 6046.
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UNI1"'fD~VFJ.OPMEi'(T TITLE 2."
t . . (Regis'er 76. No. c.4-1D-30-7&)
Stan~ards. Determinatiqns mnde
Ian developed and implemented for
I all such housing provided thereun-
standards established in the Act and
'!illce Procedures
Jf this article is to set forth guide-
public entH}' determinations as to
t, and for processing appeals from
y's failure to refer them to com para-
orary replacement housing, Public
to implement the provbions of this
ny complainant, that is any person
a determination as to eligibility, the
le public entity to provide compara-
lorary replacement housing or the
lent practices may, at his election,
nSidl by the head of the public
lthe n the person who made the
:dan 'ith the procedures set forth
he p dures tlie public cntity shall
nsiaeration.
ectly affected by the relocation plan
~view the final relocation plan of a
Ian is in compliance with state laws
[ementation of a relocation plan to
ing in compliance with its relocation
partment under this section may bc
~res outlined in Government Code.
:lucting an investigation under the
iepartment should attempt to con.
ent shall not limit a complainant's
:I has been established pursuan t to
lfety Code, a cit)" by ordinance may
: from local public entities which do
bs~nce of such an ordinance, public
to Implement the provisions of this
ant. Ifl the public entity denies or
)lic enti,ty's notification to the com-
Iform tl1e complainant of its reasons
obtaining review of the decision, If
e printed in a language other than
16046.
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TITLE 25 RELOC-\TIOS A\SISTASC.: AND REAL
PnoPERn ACVl'lSITlllS GUlDt:UNES
(R""Io'", 78. No. _10-30-10' .
6156. . Stages of neview by 8 Public Entity. (a) Request for Fu!"
ther Wnllen Information. A complainant may request Ihe pu~hc
e,nl!ty to provid~ him with a f~,1I 'Hlltcn explanation o~ its determma-
hon and the baSIS Iherefore, if l1e f<,els that the explanation a~cOl..npany-
ing the payment of the claim or notice of the entity's deternnnation was
incorrect or inadequate, Thc puhlic cnlily shall provide such an e;cpla.
nation to the complainant within Ihree wl.'Cks of its receipt of hiS re-
quest,
(b) Informal Oral Prescntation, A complainant may request an
informal oral presentation hl'fore seeking formal review and reconsid-
eration. A request for an infonn"j or,,1 prescntation shall be filed within
the period described in subscclion (II) of this secUon, and \vithin 15 days
of the request the public cntil}' shall afford the complainant the oppor-
tunity to make such presenlation, The complainant may be represenled
by an attorney or other person of his choosing. This oral presentation
shall enable the complainant to discLlss the claim with the head of the
public entity or a designee (other than the person who made the initial
determination) having authority to revise the initial determination on
the claim. The public entity shall make a summary of the matters
discussed in the oral presenlation 10 be included as part of its file. The
right to formal review and reconsideration shall not be conditioned
upon requesting an oral presentation.
(c) Written Requesl for Review and Reconsideration. At any
time within the period described in subsection (d) a complainant may
file a written request for formal review and reconsideration. The com-
plainant may include in the request for review any statement of fact-
within the complaimmt's knowledge or belief or other material which
may have a bearing on Ihe appeal. If the complainant requests more
time to gather and prcp~re additional material for consiaeration or
review ar,d demo,)stratcs a reasonable basis Iherefor, the complainant's
request should be granted.
(d) Time Limit for Requesting Review. A complainant desiring
either an informal oral presentation or seeking a formal review and
reconsidcrastion shall make a request to the public entity within eight-
een monlhs following the date he moves from the property or the date
he receives final compensation for the property, whichever is later.
6158. Formal Review and Reconsideration by the Public Entity.
(a) General. The public enUty shall consider the request for re-
view and shall decide whether a modification of its initial delermination
is necessary. This review shall be conducted by the head of the public
entity or an authorized, impartial designee. (The designee may be a
committee), A designee shall have the authority to revise the initial
determination or the determination of a previous oral presentation,
The public entity shall consider every aggrieved person's complaint
regardless of form, and shall, if necessary provide assistance to the
claimant in preparing the written claim, When a claimant seeks review,
the public entity shall inform him-that he has the right to be represent-
ed by an attorney, to present his 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.
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HOUSING AND CoMMUNITY DEVEWPME:\'T TITLF; 2,~
CRooist9r "8. NG. 44-10-30-16)
(b) Scope of Ueview. The public entity shall review and recon-
sider its initial detcrmination of the c1ahnanfs case in light of:
(1) All material UpOIl which the public agency based its original
determination including all applicable rules and regulations, except
that no evidence shall be relied upon where a claimant has been
improperly denied an opportunity to controvert the evidence Or
cross-examine the witness.
(2) The reasons given by the claimant for requesting review and
reconsideration of the claim,
(3) Any additional wrilten or relevant documentary material sub-
mitted by the c1aim,mt.
(4) Any further information which the public E'ntity in its discre-
tion, obtains by request, investigation, or research, to ensure fair and
full review of the claim.
(c) Detenninntion on Ueview by Public Entity. (1) The deter-
mination on review by the public entity shall include, but is not
limited to:
(A) The public entity's decision on reconsideration of the claim.
(B) The factual and legal basis upon which the decision rests,
including an)' pertinent explanation or rationale,
(C) A statement to the claimant of the right to further adminis-
trative appeal, if the public entity has such an appeal structure, or
if not, a statement to the claimant that administrative remedies
have been exhausted and judicial review may be sought.
(2) The determination shall be in wriiing with a copy provided to
the claimant.
(d) Time Limits. (1) The public entity shall issue its determina-
tion of review as soon as possible but no later than 6 weeks from
receipt of the last material submitted for considcralion by the claim-
ant or the date of the hearing, whichever is later.
(2) In the case of cOinpld.ilii.s diMIlis~t"d ror untimehness Or for any
other reason not based on the merits of the claim, the public entitl'
shall furnish a written statement to the claimant stating the reason
for the dismi~sal of the claim as soon as possible but no later than 2
weeks from receipt of the last material submitted by the claimant or
the date of the hearing, whichever is later.
6160. Ucfusals to Wah'e Time Limitation. Whenever a public
entity rejects a request by a claimant for a waiver of the time limits
provided in section 6088, a claimant ma)' file a written requE'st for
review of this decision in accordance with the procedures set forth in
sections 6156 and 6158, except that such written request for review shall
be filed within 90 days of the claimant's receipt of the public entity's
determination.
6162. Extension of Time Limits. The time limits specified in
section 6156 may be extended for good cause by the public entity.
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my bEVELOhlENT TITLE 2s .
(' I [Reg later 16. No. 014-10..>>1..
c en tit}; shall review and recon-
claimant's case in light of, .
~ public agency based its original
lble rules and regulations, except
.pon where a cldimant has been
t' to contro,'ert the evidence or
Limant for requesting review and
evant documentary material sub-
ieh the public entity in its discre-
In, or research, to ensure fair and
Public Entity. (1) The deter-
: entity shall include, but is not
n on reconsideration of the claim,
:s upon which the decision rests,
:ion or rationale,
1t 01 right to further adminis-
, has h an appeal structure, or
Int t administrative remedies
I re ma}' be sought.
1 writing with a copy provided to
entity shall issue its determina-
but no later than 6 weeks from
:d for consideration by the claim-
che,'er is later.
lissed for untimeliness or [or any
ts uf lhe dciiuJ, lh~ pubiic entity
, the claimant stating the reason
n as possible but no latcr than 2
cial submitted by the claimant or
is later.
imitation. Whenever a public
: for a waiver of the time limits
n.lay file a written request [or
with the procedures set forth in
I written request [or review shall
t's receipt of the public entity's
, I
The time limits specified in
d cause by the public entity.
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TITLE 25 RELOCATION ASSISTANCE AND RF.AL
PROI'tIlTI' ACQUISITION CUlm:L1NES
CRega.tar 76. No. 44-10.30-76)
fn5
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6164. Recommendations by Third Parly. Upon agreement
between the claimant and the public entity, a mutually acceptable third
party or parties may revicw the claim and make advisory recommenda.
. tions thereon to the head of thc public entity for its final determination,
In reviewing the claim and making recommendations to the public
entity, the third party or parties shall be guided by the provisions of this
Article.
6166. Review of Files by Claimant. Except to the extent the
confidentiality of material is protected by law or its disclosure is prohib-
ited by law, a public entity shall permit the claimant to inspect all files
and records bearing upon his claim or the prosecution of the claimant's
grievance, If a claimant is improperly denied access to any relevant
material bearing on the claim, such material may not be relied upon in
reviewing the initial determination,
6168. Effect of Detenninntion on Other Persons. The principles
established in all determinations by a public entity shall be considered
as precedent for all eligible persons in similar situations regardless o[
whether or not a person has filed a written request for review. All
written determinations shall be kept on file and available for public
review.
6170. Right to Counsel, Any aggricved party has a right to rep-
resentation by legal or other counsel at his expense at any and all stages
of the proceedings set forth in these sections.
6172. Stay of Displacement Pending Review. If a complainant
seeks to prevent displacement, the public entity shall not require the
complainant to move until at least 20 days after it has made a determi-
nation and the complainant has had an opportunity to seek judicial
review, In all cases the public entity shall notify the complainant in
writing 20 da}'s prior to the proposed new date of displacement.
6174. Joint Complainants. Where more than one person is a~-
grieved by the failure of the public entity to refer them to comparable
permanent or adequate temporary replacement housing the complai:l-
ants may join in filing a single written request for review. A determina-
tion shall be made by the public entity for each of the complainants.
6176. Judicial Review. Nothing in this Article shall in any way
preclude or limit a claimant from seeking judicial review of a claim
upon el<;haustion of such administrative remedies as are available under
this Article.
Article 6, Acquisition Policies
6180. Purpose. The purpose of this Article is to set forth the
practices to De followed with respect to acquisition of real property by
a public entity, Public entities shall, to the greatest extent practicable,
be guided by these practices. _
6182. Acquisition. (a) A public 'entity shall make every reason.
able effort tc acquire property by negotiation and to do so e>.peditious-
Iy.
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f)16 HOUSING AND COMMUNITY DEVELOPMENT TnLE 25
(Reglater 18. No. U-'D-3'tl&)
, .
(b) Before negotiations are initiated (see subsection 6008(n)} a pub-
lic entity shall:
(1) Have the property appraised, giving the owner or his repre-
sentative designated in writing an opportunity, by reasonable ad.
vance written notice, to accompan)' the appraiser during the
inspection of the property;
(2) If the owner of real property is also the owner of a business
conducted on the real property to be acquired or on the remainder,
inform him of his possible right to compensation for loss of goodwill,
The public entity should include a copy of the pertinent provisions
of the Eminent Domain Law (Code of Civil Procedure Sections
1230,010 et seq.).
(3) Establish an amount it believes to be just compensation (or the
property, which amount shall, in no event, be less than the public
entity's approved appraisal of the fair market value of the property
as improved.
(c) The determination of just compensation shall be based upon
consideration of:
(1) The real property being acquired;
(2) Where the real property acquired is part of a larger parcel, the
injury, if any, to the remainder; and
(3) Loss of goodwill, where the owner of the real property is also
the owner of a business conducted upon the property to be acquired
or on the remainder and where the provisions of the Eminent Do-
main Law pertaining to compensation for loss of goodwill are satis-
fied. Goodwill consists of the benefits that accrue to a business as a
result of its location, reputation for dependabilit)" skill or quality, and
any other circumstances resulting in probable retention of old or
acquisition of new patronage.
(d) As soon as possible after the amount of jllst compensation is
c~ti.lbllsht.'d, the public entil}' shaH offer to acquire th(. jJHJpcriy for the
full amount so established and shall provide the owner with a written
statement of the basis for determination of just compensation. The
statement ~hall include the following:
(I) A general statement of the public use for which the property
is to be acquired,
(2) A description of the location and extent of the property to be
taken, with sufficient detail for reasonable identification, and the
interest to be acquired,
(3) An inventory identifying the buildings, structures, fixtures,
and other impro\'l."ments, ,
(4) A recital of the amount of the offer and a statement that such
amount:
. (A) h the full amount believed by the public entity to be just
compensation for the property taken; .
(B) Is not less than the approved appraisal of the fair market
,"Ulue of the property as improved;
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In' DEVEl.OPMENT TITLE 25
~. II (Reg'.'''' 71. No. 4t-10-300J6)
d (se~ subsection 6008(n)) a pub-
o ..
I, gi\!ilJ~ the owner or his repre-
. opportunit}., by reasonable ad-
lany the appraiser during the
Y is also the owner of a business
)c acquired or on the remainder,
,ompensation for loss of goodwill:
copy of the pertinen t provisions
)de of Civil Proccdure Sections
es to be just compensation for the
'0 event, be less than the public
'air market value of the property
npensation shall be based upon
luired;
~!::Id is :::::::;::::::::::' :::
upo e properly to be acquired
Ie p sions of the Eminent Do-
tion for loss of goodwill are satis-
fits that accrue to a business as a
dependability, skill or quality, and
in probable retention of old or
amount of just compensation is
.er to acquire the propert)' for the
>rovide the owner with a written
lation of just compensation. The
,.
,.
Jublic use for which the property
i and extent of the property to be
easonable identification, and the
le buildings, structures, fixtures,
-
Ie offer and a statement that such
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eel by the public entity to be just
:aken; )
)ved appraisal of the fair market
ed;
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TITLE 25 RELOCATION ASSISTANCE AND REAL 671
PROPEIITY ACQUISITION CUIDEUNES
(Reglater 78. No. 4C--1o.30-7&'
(C) Disregards any decrease or increase in the'fair market value
of the real properly to be acquired prior to the date of va~uation
caused by the public improvement for which the property IS to be
acquired for such public improvement, other than that due to
physical deterioration within the reasonable control of the owner
or occupant; and
(D) Does not renect any consideration of or allowance for any
relocation assistance and payments or other bcnefits which the
owner is entitled to receive under an agreement with the public
entity, except for an amount to compensate the owr:er for that
portion of loss of goodwill provided in accordance with Section
6100.
(5) If the real property is a portion of a larger parcel, the statement
shall include an apportionment of the total estimated just compensa-
tion for the partial acquisition between the value of the property
being taken and the amount of damage, if any, to the remainder of
the larger parcel from which such property is taken.
(6) If the owner of the real property to be acquired is also the
owner of a business conducted upon the property or the remainder,
the statement shall include an indication of the amount of compensa-
tion for loss of goodwill.
(e) Atthe initiation of negotiations (see subsection 6008(n)) a public
entity shall provide written notification to the owner of a business
conducted on the real property to be acquired or on the remainder,
who is not also the owner of the real property, concerning his possible
right to compensation for loss of goodwill. The public entity should
include a copy of the pertinent provisions of the Eminent Domain Law
(Code of Civil Procedure, Section 1230.010 et seq.).
(0 (1) If after receiving the public entity's offer the owner requests
additional information regarding the determination of just compen-
sation, the public entity shdl provide the following informatiollto the
extent that the determination of ju~i cUfu!JellsaUol1 is based thereon:
(A) The da'te of valuation used.
(B) The highest and best use of the property.
(C) The applicable zoning.
(D) Identification of some of the sales, contracts to sell and
purchase, and leases supporting the determination of value.
(E) If the property is a portion of a larger parcel, a description
of the larger parcel, with sufficient detail for reasonable identifica-
tion.
(2) With respect to each sale, contract, or lease provided in accord-
ance with (1) (D) above, the following data should be provided:
(A) The names and business or residence addresses, if known, of
the parties to the transaction.
(B) The location of the property subject to the transaction.
(C) The date of transaction. .
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678 HouslsC AND COMMUNITY DEVEl.OPMENT TITLE 25
I (Regiate,7&. No. 14-'1>>0;16) " l'
(D) Thc pricc and other significant terms and circun\stances of
I thc transaction, if known. In licu of stating the other tcrms and
circumstanccs, the public entity may, if thc documcnt is availablc
for iusa,cction, statc the place wherc and thc times when it is
availab e for inspcction.
(3) Thc requiremcnts of this subsection do not apply to requcsts
made after an emincnt domain procecding is commenced,
\,~) Whenevcr a part of a parcel of proper~ is to be acquircd by a
pu ic cntit}' for public use and thc rcmain er, or a portion of the
remaindcr, will be left in such sizc, shapc or condition as to constitutc
an uneconomic rcmnant thc public cntity shall offer to acquirc the
remnant if the owner so desires, For the purposes of thcse Guidelines
an "uncconomic remnant" shall be a parcel of rcal property in which
thc owner retains an interest after partial acquisition of his property !
and which has little or no utility or value to such owner. (Nothing in
this subsection is intcnded to limit a public entity's authority to acquire
real propert}'.) .
(h) Nothing in this section shall be construed to deprive a tenant of
the right to obtain payment for his property interest as otherwise pro-
I vided by law.
U1 (1) Prior to commencement of an eminent domain proceeding i
t e public cntity shall make reasonable efforts to discuss with the
owner its offer to purchase the owner's real property. The owner shall 0
I
be given a reasonable opportunity to present material which he be- I
,
Iieves to be relcvant as to the qucstion of value and to suggest modifi- . ~ ~
cation in the pro~oscd terms and conditions of the purchase, and the ,.
public entity sha I carefully consider the owner's presentation.
(2) Prior to commencement of an eminent domain ~oceeding, if
the cvidence presented bl' all owner or a material c anrce in the
charactcr or condition of the 'lro~ertv indicates the need or a new
appi'abnl 0:" if 2 significal,t np RY as occurred ~incc the detcrnlincl-
lion of ~ust com(lemation, the public entity shall have Its appraisai
update . If a modification in the public entity's determination of lust
~ compensation is warranted, an appropriate price adjustment shal be "
made and the new amount determined to be just compensation shall
'a be promptly offered in writing to the owner, "
- , Uf (I) In no event shall the public entity either advance the time
l
o 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 agrecment on thc price to bc paid for the proberty.
(2) If any intercst in property is to be acquired y exercise of the
fcower of eminent domain, the public entity shall promftlY institute
orma\ condemnation Fcroceedings. No public entity shal intentional-
ly makc it necessary or an owner to institute lcgal proccedings to
prove thc fact of the taking of this real property,
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TV DEVF.I.OPMENT TITLE 25
I IRogi..or 16. No. _'~161
icantterms and circumsta~ces of -
I of stating the other terms and
nay, if thc documcnt is available
,'herc and the times when it is
)section do not apply to requests
lcecding is commenced,
f propcrty is to be acquired by a
remainder, or a portion of the
'ape or condition as to constitute
cntity shall offcr to acquire the
the purposcs of these Guidelines
parcel of real property in which
.artial acquisition of his property
,alue to such owner. (Nothing in
,ublic entity's authority to acquire
, construed to deprive a tenant of
ropelinterest as otherwise pro-
f an inent dqmain procecding
.nabl fforts to discuss with the
er's real property. The owner shall
to present material which he be-
ion of value and to suggest modifi-
onditions of thc purchase. and the
er the owner's prescntation.
m eminent domain proceeding, if
Oller or a material change in the
erty indicatcs the nced for a new
las occurred ~il1ct: the cletcrmina.
)lic cntity shall have its appraisal
Jblic entity's determination of just
Ifopriate price adjustment shall be
tined to be just compensation shall
the owner,
lic entity either advance the time
tiations or condemnation on thc
se of the owner, or take any other
,ture, in, order to compel or induce
paid for the property.
s to \)e acquired by exercise of the
blic cntity shall promptly institutc
.1\:0 public entity shall intentional-
I' 10 institute legal proceedings to
is real property.
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TITI.E 25 RELOCATION ASSIsTANCE AND REAL
PROPERTY ACQUISITlO:>: GUIDELINES .
CRegl.t., 18,. No. 44-10..>>78)
6184. Notice of Dcci~ion to Appraisc. The public entity shall
provide thn owner with writtcn nolice of its decision to appraisc thc
real propcrty as soon as possiblc after the decision to appraisc has bcen
reached. The notice shall statc, as a minimum, that:
(a) A spccific area is bcing consiclcred for a particular public usc;
(b) The owner's propcrty has becn determined to be located within
the area; and
(c) Thc owner's property, which shall be gencrally describcd, may
be acquired in connection with thc public use.
6186. Time of Offcr. The public entity shall make its first writ-
ten offer as soon as.practicablc following service of the Notice of Deci-
sion to Appraise. (See scction 6184.)
6188. Notice of Land Acquisition Procedures. (a) At the time
the public cntity notifies an owner of its decision to appraise real prop-
erty it shall furnish the owncr a written explanation of its Illnd acquisi-
tion procedures, describing in non-technical, understandable terms the
public entity's acquisition procedures and the principal rights and op-
tions available to the owner,
(b) The notice shall include the following:
(1) A description of the basic objective of the public entity's land
acquisition program and a reference to the availability of the public
entity's statcment covering relocation benefits for which an owner-
occupant may be eligible;
(2) A statement that the owner or his representative dcsignated
in writing shall be given the opportunity to accompany each apprais-
er during his inspection of the property,
(3) A statcment that if the acquisition of any part of real property
would leave lhe owner with all uneconomic remnant as defined in
subsection 6182 (g) th", puhlic entity will offer to acquire the uneco-
nomic rcmnant; if thc owner so desires; .
(4) A statement that if the owner is not satisfied with the public
entity's offer of just compensation he will be given a reasonable op-
portunity to present relevant material, which the public entily will
carefull} consider, and that if a voluntary agreemcnt cannot be
reached the public entity, as soon as possible, will either institute a
formal condemnation proceeding against the property or abandon its
intention to acquire the propcrty, giving notice of the latter as pro-
vided in section 6190.
(5) A statemcnt that construction or developmcnt of a project
shall be so scheduled that no person lawfully occupying real property
shall be required to move from a dwelling (assuming a replacement
dwelling as required by these Guidelines will be available) or to mo\'e
his business or farm operation without at least 90 days written notice
from the public entity of the date by which the movc is required; and
(6) A statement that, if arrangements are made to rent the prop-
erty to an owner or his tenant for a short term or for a period subject
to termination by the public entity on short notice, the rcntal will not
exceed the lesser of the fair rental value of the property to short tcrm
occupier or the pro rata portion of the fair rental value for a typical
rental per;od.
If the owner or tenant is an occupant of a dwelling, the rental for
the dwelling shall be within his financial means. (See subscction
6008(c).)
679
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HOUSI='IC AND COMMUNITY DEVELOPMEfIo'T TITLE 25
(Regis'., 76. No. 4.1:-1D-3Ovl&)
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6190. Notice of Public Entity's Decision Not to Acqui";. When-
ever a public entity which has forwarded a Notice of Dccision to Ap-
praise or h~s made a firm offer subsequently decides not to acquire toe
propert}', the public entity shall serve a notice in writing on the owner,
all persons occupying the property and all othcr persons potentially
cligible for relocation pa)'ments and assistancc. This notice shall state
that the public entity has decided not to acquire the property, It shall
be served not later than 10 days following the date of the public entity
decision not to acquire.
6192. Incidental Expenses. If the real property is acquired by
purchase. the public cntity shall pay all reasonable expenses incident to
transfer. Among the expenses requiring payment are: Tccording fees,
transfer fees and similar expenses incident to the conveyance of real
property. and 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 public cntity or the
effective date of possession of such property by the. public entity, which-
ever is earlier. The public cntity shall inform the owner that he may
apply for a rebate of the pro rata portion of any real property taxes paid.
History: I. Amendment filed 11-5-76 as an emergency: designated effective 11-27-76
(Register 76, No. 44),
6194. Short Term Rental. (a) If the public permits an owner or
tenant to occupy the real porperty acquired on a rental basis for a
short-term or for a period subject to termination by the public entity
, on short notice, the amount of rent requircd shall not exceed the lesser
of the fair rental value to a short-term occupier or the pro rata portion
of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the
dwelling shall be within his financial means. (See subsection 6008(c).)
<b) A post-acouisition tenant who occupi'" real nrop~rtr ~"'1"ir"tl
on a rental basis (or a short term and who is informed that the property
has been acquired for a public use shall be given not less than 30 days
notice of termination of the tenancy.
History: 1. Amendment or subsection (b) filed 11-5-76 as an emergency; designated
effective 11-27-76 (Register 76, No.4~).
6195. Public Information. The purchase price and other consid-
eration paid by the public entity is public information and shall be made
available upon request.
6196. Service of Notice. Service of all notices required by this
article shall be made either by first class mail or by personal service
upon thc person to be notified,
6198. Nonpossessory Interest Exception. The provisions of
6182(b), (c), (d) (4), and (f) and 6188 shall not apply to the acquisition
of any easement, right-of-way, covenant or other non-posscssory inter-
est in real property to be acquired fo~ the construction, reconstruction,
alteration, enlargement, maintenance, renewal, repair or rcplacement
of sub-surface sewers, waterlines or appurtenance, drains, septic tanks,
or storm water drains.
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ITY I':LO:MEST Tl~L~:'
(Rev'.'.' 71. No. 44-~')..30076)..
Iccisi Not to Acquire. When-
rded a Notice of Decision to Ap-
luently dccides not to acquire the
, a notice in writing on the owner,
and all other persons potentially
. assistance. This notice shall state
It to acquire the property, It shall
Iwing the date of the public entity
the real property is acquired by
all reasonable expenses incident to
iring payment are: recording fees,
ncident to the conveyance of real
f charges for public service such as
I which are allowable to a period
of title to the public entity or the
roperty by the public entity, which-
tall iJorm the owner that he may
.tion Y real property taxes paid.
In em ney; designaled effecli"e 11-27.76
If the public permits an owner or
ly acquired on a rental basis for a
to termination by the public entity
. required shall not exceed the lesser
'I'm occupier or the pro rata portion
al rental period,
oant or a dwe:l!ing, the rental for the
fal means. (See sub~t::ctivn 5002 (c) .)
rho occupies real property acquired
ld who is informed that the property
l shall be given not less than 30 days
tlCY.
(b)liIed 11-5-76 as an emergenc)'; deslgnaled
76. 1\0.44).
he purchase price and other con sid-
: public information and shall be made
all notices required by this
s mail or by personal service
.t ption. The provisions of
6188 s all not apply to the acquisition
lVenant or other non-possessory inter-
,d fOI construction, reconstruction,
nan enewa\, repair or replacement
. or rtenance, drains, septic tanks,
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TITLE 25 RELOCATION AsSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
(Regl...r 79. No. _11)31).761
681
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Attachment A
Mlnlmum Content. of Informational St.tementCs)
(~
For Distribution To
Business
Displaced COllcerns
Item To Be Illc1uded PeTSOllS and Others
J. Ceneral description of the nature and types of activities that X X
will be undertaken. including an iaenhfication of areas which
may involve d'spl~ment. A diagrammatic sketch of the
project area should be attached.
2. Statement that public nction may result in displacement but X X
lhal no one lawFully occupying properlY will be required 10
surrender possession without at least 90 days' wntten notice
from the public entity and no onc will be required to move
until 90 days after the provision of i.nFonnation.
3. Assurance that Families and individuals will not be required to X
move beFore reasonable oHers of decent. safe. sanitary and
otherwise comparable housing within their financial means
have been made. except for the causes set forth in the local
agency's eviction policy (which ,hall be in accordance wilh
section 6058.)
4. Ceneral description of types of relocation payments available. X X
including general eligibility criteria and a caution against pre-
mature moves that might result in loss of ehgibllity for a pay-
ment.
5. Identification of lhe agency', relocation program and a de. X X
scription of lhe relocation services and oids lhal will be avail.
able.
6. Encourngement to visit the agency's relocation office and X X
cooperale wilh lhe slaff. The address, lelephone number, and
hOUr!> of the relocation office should b~ speocified.
7. JnfnTTJ1ation on replacemeut hou."iiing. mdu<hng:
8. Brief description of what constltu[('s CUlUpJ.la~lc .~pb:~~ X
ment housing, including physical standards.
b. Laymen's description of Federal fair hO\lsmg law (TIlle X
VII!. of Civil Righi' Act of 1968), and applicable Stale and
loed Fair housing laws. as we\\ as rights under Title IV of the
Civ:l Rights Acl of 1964.
c. Slalement thallhe public entity (or Us agent) will identify X
c:omparable replacement dwellings within the financial
means of and otherwise available to displaced persons and
will pro\ide assistance to persons in obtaining housing of
their choice. including assistance in the referral of com:
plaints of discrimination to the appropriate Federal. State
or local fair housing enforcement agency
d. Statement that persons may seek their own housing :lccom- X
modations and urging them, if they do 50, to notify the
relocation office prior to makmg a commitment to pur-
chase or occupy the property.
8. Statement that the public entity \\-in prO'\ride maximum assist- X
8nee in locating relocation accommodations. including consul-
tation with the Small Busmes.s: Admmistration and other
governmental agencies which might be of assistance.
9. Statement describing requirement for prior notification to the X
agency of the business concern's intention to mo...e.
10. Summar)' of the local agency's eViction policy, which shall be X X
in accordance with the provisions of section 6058.
11. Statement describing the agency's grievance proce-clure, its X X
purpose. and how it may be u~ed, which procedure shall be
in accordance with the prOVisions or Article 5.
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