HomeMy WebLinkAboutAGENDA REPORT 2011 1102 CC REG ITEM 10D ITEM 1-
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City Council Meeting
MOORPARK CITY COUNCIL
AGENDA REPORT 4cT,on:-
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager
DATE: October 21, 2011 (City Council Meeting of 11/2/11)
SUBJECT: Consider Relocation Plan for Tenants at 161 Second Street
BACKGROUND
The Redevelopment Agency of the City of Moorpark ("Agency") acquired 161 Second
Street ("Property") and subsequently transferred it to the City of Moorpark ("City"). The
City is currently drafting plans to construct an approximate one half (.5) acre park
("Project") on the Property.
DISCUSSION
The Property is improved with one, three bedroom single family dwelling, which is
occupied by a six person very-low income household. In order to move forward with the
Project, the household will need to be permanently relocated. The displacement triggers
relocation assistance obligations under State Relocation Law, California Government
Code Section 7260 et seq. and the State Relocation Guidelines, California Code of
Regulations, Title 25, Chapter 6 et seq.
Among the various obligations of the State Relocation Law is the requirement to
prepare a relocation plan addressing the circumstances and needs of those persons
potentially displaced by the Project. Attachment I is the Relocation Plan ("Plan") that
has been prepared by Overland, Pacific & Cutler (OPC) in accordance with the specific
requirements set out in Section 6038 of the State Relocation Guidelines concerning
projects that involve the displacement of less than 15 households. This Plan provides
the Project description, the results of a needs assessment survey conducted among
residents, a housing resource study and details of the Agency's proposed relocation
program. No 90-day notices will be issued prior to the required reviews and approval of
this Plan. Tenants are allowed to leave voluntarily if they locate a relocation unit prior to
the adoption of this plan.
58
Honorable City Council
November 2, 2011
Page 2
FISCAL IMPACT
The total cost of permanently relocating the tenant at 161 Second Street is $26,850.00.
Sufficient funds are budgeted in the Fiscal Year 2011/12 Operating and Capital
Improvement Budget to cover the cost of these relocations.
STAFF RECOMMENDATION
Approve Relocation Plan for 161 Second Street.
Attachment I: Relocation Plan
59
ATTACHMENT I
W7
•
RELOCATION PLAN
FOR THE
SECOND STREET PARK
161 SECOND STREET
PREPARED FOR
CITY OF MOORPARK
ASSISTANT'CI"fY MANAGER'S OFFICE:
BY
OVERLAND, PACIFIC & CUTLER, INC.
3750 SCHAUFEUE AVE,SUITE 151)
LONG BEACH,CA 90808
PHONE (800)400-7356
,1lil.Y 27,2011
60
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
A. PROJECT LOCATION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
R. ALSSESSMENT OF NEEDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. REPLACEMENT HOUSING RESOURCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. CONCURRENT RESIDENTIAL DISPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
E. TEMPORARY HOUSING.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
F. PROGRAM ASSURANCES AND STANDARDS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
G. RELOCATION ASSISTANCE PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
H. CITIZEN PARTICIPATION/PLAN REVIEW.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
I. RELOCATION BENEFIT CATEGORIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
J. PAYMENTOI� RELOCATION BENEFITS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
K. EVICTION POLICY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
L. APPEALS POLICY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
M. PROJECTED DATES OF DISPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
N. ESTIMATED RELOCATION COSTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
61
INTRODUCTION
The City of Moorpark (the City) has acquired an approximately 15,000 square foot parcel
improved with a single family dwelling at 161 Second Street in Moorpark. It is the intent of the
City to demolish the current structure and construct a neighborhood park (the Project). To
effectuate the development of the Project, the City must permanently relocate one residential
household. The six-member household currently occupies a three-bedroom house in poor
condition. The proposed displacement triggers relocation assistance obligations under State
Relocation Law, California Government Code Section 7260 et seq. (the Law) and the State
Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 et seq. (the
Guidelines). Among the various obligations of the Law is the requirement to prepare a
relocation plan addressing the circumstances and needs of those persons potentially displaced
by the Project.
The following Relocation Plan (the Plan) has been prepared by Overland, Pacific & Cutler
(OPC) in accordance with the specific requirements set out in Section 6038 of the Guidelines
concerning projects that involve the displacement of fewer than 15 households. This Plan
provides a Project description, the results of a needs assessment survey of the residential
household, a housing resource study and details of the City's proposed relocation program. No
displacement activities will take place prior to the required reviews and approval of this Plan.
A. PROJECT LOCATION
The proposed Project will take place in the City of Moorpark (the City) which is located in the
southeastern portion of Ventura County, approximately 40 miles northwest of downtown Los
Angeles. Moorpark is easily accessible from State Routes 23 and 118 with neighboring
communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula, and Fillmore.
(See Attachment 1, Map 1).
The specific Project site is located just west of the SR-118 Ronald Reagan Freeway, near the
northwest corner of Second Street and Bard Street. (See Attachment 1, Map 2).
Overlaurl, Pacific&Cutler, 111c. Page I
62
Relocation flan - Second Strect Park 101 Second Strcet, ,Moorpark, California
B. ASSESSMENT OF NEEDS
On March 10, 2011, survey information for the Plan was obtained from personal, on-site
interview with the affected residential household.
A six-member household is renting a small three-bedroom single-family dwelling on a double
lot of approximately 15,000 square feet. The household began occupancy of the house in 2005
and their current monthly rent is $1,600, with tenants responsible to pay for all utilities. There
are three adults and three school-age children in the house. Tenants report their ethnicity as
Hispanic, and Spanish as primary language.
According to income standards for the County of Ventura adjusted for family size, as published
by the United States Department of Housing and Urban Development(HUD)in May 2010 and
by the California Housing Community Development Department in July 2011, the Project
household qualifies as very low income (31% to 50% of area median). The household is not
considered senior household (head of household or spouse 62 years or older) and have no
reported physical disabilities that could affect the relocation process.
The standard for housing occupancy the City allows is two persons per bedroom and one
person in a common living area.The Project household requires a three-bedroom replacement
unit based on this City standard. Replacement housing referrals to the occupants will reflect
the need for appropriately sized accommodations.
Prevailing HUD income standards as well as general demographic information for the City are
presented in Attachments 2 and 3.
C. REPLACEMENT HOUSING RESOURCES
A housing resource survey was conducted in April 2011 to determine the availability of
replacement housing within the cities of Moorpark, Santa Paula, Thousand Oaks and Simi
Valley. Three-bedroom single-family, duplex, condominium, and townhouse residences were
considered as appropriate replacement dwelling units with single-family dwelling preference.
Overland, 1'ac if c&Caller, Inc. I'age 2
63
Relocation Man - Second Street Park @1 161 Second Street, Moorpark, Calijornia
Housing availability survey results are summarized below in Table 1. The data indicate
sufficient availability of needed housing units.
TABLE 1: Replacement Rental Housing Resources
Bdrm Size Found (Needed) Range Median
3 9 (1) $1,800 - $2,395 $1,995
-
L
D. CONCURRENT RESIDENTIAL DISPLACEMENT
There are currently no public projects underway in the City of Moorpark that could potentially
compete for available replacement housing.
E. TEMPORARY HOUSING
There is no anticipated need for temporary housing. Should such a need arise, the displacing
entity will respond appropriately and in conformance with all applicable laws and requirements.
F. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds available to relocate the Project household. Services will be provided
to ensure that displacement does not result in different or separate treatment based on race,
nationality, color, religion, national origin, sex, marital status, familial status, disability or any
other basis protected by the federal Fair Housing Amendments Act, the Americans with
Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and
the Unruh Act, as well as any other arbitrary or unlawful discrimination.
No one will be displaced without a 90 day notice and unless"comparable"replacement housing
can be located. "Comparable" housing includes standards such as:decent, safe,and sanitary
(as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living
Overland, Pacific&Cutler, Inc. Pagc.3
64
Relocation flan - Second Street Nark t6l Second Street, Moorpark, Calijornier
space, and type and quality of construction of the acquired unit but not lesser in rooms or living
space than necessary to accommodate the displaced household; in an area that does not have
unreasonable environmental conditions; not generally less desirable than the acquired unit with
respect to location to schools, employment, health and medical facilities, and other public and
commercial facilities and services; and within the financial means of the displaced household
as defined in section 6008, subdivision (c)(5)of the Guidelines. The relocation program to be
implemented by the displacing entity conforms with the standards and provisions set forth in
Government Code section 7260 et seq., the Guidelines, California Health and Safety Code
section 33410 et seq., if applicable, and all other applicable regulations and requirements.
G. RELOCATION ASSISTANCE PROGRAM
A relocation representative from Overland, Pacific & Cutler, Inc. is available to assist the
displaced households with questions regarding relocation and/or assistance in relocating. Staff
may be contacted by calling (800) 400-7356 during the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday. The relocation offices are located at:
3750 Schaufele Ave., Suite 150
Long Beach, CA 90808
A comprehensive relocation assistance program, with technical and advisory assistance, will
be provided to the households being displaced and close contact will be maintained throughout
the relocation process. Specific activities will include:
1. Distribution of informational brochure (see Attachment 4);
2. Timely referrals to at least three comparable replacement units as defined above
and,if necessary,transportation will be provided to inspect potential replacement
units;
3. Assistance with completion and filing of relocation claims, rental applications,
and appeals forms, if necessary.
Overland, Pacific&Cutler, hu. Page 4
65
Relocation Plan - Second Street Park `? 161 Sn oncl Sheet, Alourpark, California
H. CITIZEN PARTICIPATION/PLAN REVIEW
This Plan will be provided to the household and will be made available to the public for a
mandatory 30 day review period. Comments to this Plan will be included as a Plan addendum
(see Attachment 6) prior to submission for approval before the City Council. A copy of the
approved Plan will be forwarded to the California Department of Housing and Community
Development (HCD).
I. RELOCATION BENEFIT CATEGORIES
Relocation benefits will be provided in accordance with the Law, the Guidelines, and all other
applicable regulations and requirements. Benefits will be paid upon submission of required
claim forms and documentation in accordance with approved procedures. The City will provide
appropriate benefits for the displaced household as required by the law.
1. Residential Moving Expense Payments
The subject household will be eligible to receive a payment for moving expenses.
Payments will be made based upon either a fixed room count schedule or an invoice for
actual reasonable moving expenses from a licensed professional mover.
1) Fixed Payment - A fixed payment for moving expenses based on the
number of rooms containing furniture or other personal property to be
moved. The fixed moving payment will be based upon the most recent
Federal Highway Administration schedules maintained by the California
Department of Transportation (see Fixed Payment Moving Schedule
— Attachment 5).
- OR -
2) Actual Reasonable Moving Expense Payments - The displaced
household may elect to have a licensed, professional mover perform the
move. If an actual move is selected, the displacing entity will pay for the
Overlaucl, Pacific tr Cutler, luc. Pa Ye 5
66
Rclo(aIion flan - Second Street Park 11 II)I SeconII Sheet, Aloorpark, Catilornia
actual cost of the move up to 50 miles and all reasonable charges for
packing, unpacking, insurance, and utility connection charges. The
payment will be made directly to the mover or as reimbursement to the
displaced household.
2. Rental Assistance/Down payment Assistance
Residential tenants who have established residency at the Project site for a minimum
of 90 days prior to the initiation of negotiations to purchase the property and who choose
to re-rent, may be eligible to receive a Rental Assistance Payment in addition to
compensation for moving expenses. "Initiation of Negotiations" is defined as the first
written offer by the City to buy the property from which the households will be displaced.
In this case, the date of the first written offer to purchase the property is June 15, 2010.
Rental Assistance Payments will be limited to a maximum of $5,250, based upon the
monthly housing need over a 42 month period, prior to consideration of Last Resort
Housing needs. Eligible household may opt to apply the full amount of their rental
assistance eligibility toward the purchase of a replacement dwelling.
3. Last Resort Housing Payments
The displaced persons will be entitled to consideration for supplementary benefits in the
form of Last Resort Housing assistance when the computed total of their rental
assistance eligibility exceeds $5,250.
J. PAYMENT OF RELOCATION BENEFITS
Relocation benefit payments will be made expeditiously. Claims and supporting documentation
for relocation benefits must be filed with the displacing entity within 18 months from: (i)the date
the claimant moves from the acquired property; - or - (ii) the date on which final payment for
the acquisition of real property is made, whichever is later. The City representative will inform
and assist the displacees with obtaining the necessary documentation and will assist with the
claim preparation.
Overland, Pacific tr Cutler, Inc. Page h
67
R clot ettiun flan - Second Street Park @ 161 Sn onel Street, Aleiorpark, Califurnill
No household will be displaced until "comparable" housing is located as defined above and in
section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any
replacement units to which referrals are made to verify that they meet all the standards of
decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines.
However, no household will be denied benefits if it chooses to move to a replacement unit
which does not meet the standards of decent, safe, and sanitary housing.
K. EVICTION POLICY
The City recognizes that eviction is permissible only as a last resort and that relocation records
must be documented to reflect the specific circumstances surrounding any eviction. Eviction
will only take place in cases of nonpayment of rent, serious violation of the rental agreement,
a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move.
Eviction will not affect the eligibility of a person legally entitled to relocation benefits.
L. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq. of the
Guidelines. Briefly stated, the displaced household will have the right to ask for review when
there is a complaint regarding any of their rights to relocation and relocation assistance, such
as a determination as to eligibility, the amount of payment, or the failure to provide a
comparable replacement housing referral.
M. PROJECTED DATES OF DISPLACEMENT
The household will receive a 90 day notice to vacate before they are required to move. These
notices are expected to be issued in September 2011.
07Trland, Pacific&Culler, hic. Page 7
68
Kclocirtiun flan - Set ond Strcrt Park IhI Secondd Strcct, Moorpark, CaIijin•nia
N. ESTIMATED RELOCATION COSTS
Any and all required financial assistance will be provided. The budget estimate for this Project,
based upon one potentially displaced household, is $26,850.
Overland, Pacific&Cutler, Inc. Page S
69
TABLE OF ATTACHMENTS
Attachment 1: Project Maps
Attachment 2: HUD Income Category Limits for Ventura County - 2011
Attachment 3: Demographic Information
Attachment 4: Informational Brochure to be given to Displaced Household
Attachment 5: Fixed Payment Moving Schedule
Attachment 6: Public Comments and Response
70
ATTACHMENT 1
PROJECT SITE MAPS
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Map 2: Project Site Location
71
AI'IACIIMF.N,12
HUD ANNUAL. MEDIAN INCOME LIMITATIONS-
VENTURA COUNTY
The following figures are approved by the U. S. Department of Housing and Urban
Development (H.U.D.) for use in the County of Ventura to define and determine housing
eligibility by income level.
Area Median: $88,100
Family Size Extremely Very Low Low Median Moderate
Low Income Income Income Income
Income
1 Person 18,700 31,150 49,850 61,650 74,000
2 Person 21,400 35,600 57,000 70,500 84,550
3 Person 24,050 40,050 64,100 79,300 95,150
4 Person 26,700 44,500 71,200 88,100 105,700
5 Person 28,850 48,100 76,900 95,150 114,150
6 Person 31,000 51,650 82,600 102,200 122,600
7 Person 33,150 55,200 88,300=109,250 131,050
8 Person 35,250 58,750 94,000 116,300 139,500
Figures are per the Department of Housing and Community Development(California), Division
of Housing Policy Development, published July 13, 2011.
72
ATTACHMEN'i 3
DF.NIO(.RAI'lll(' INFORN1AI'ION
F2000 Census Population - City of Moorpark & Tract 76.02
Population Tract 76.02F % City
Total Population 8.329 1000% 31,415 100 0%
White 4,659 —55.9'
5.9% 23,378 . 744%
Black or African American 130 F 1.6% 476T 1.5%
American Indian and Alaska Native 53 0.6% 149 05%
Asian 337 — 4.0% 1,770 5.6%
- T
Native Hawaiian and Other Pacific Islander 16 F- 0 2%T-
46 I 0.1%
Some Other Race 2.717 32.6% 4,381 119%
Two or More Races 417 50% 1,215 3.9%
Hispanic or Latino(of Any Race) 4,685 56.2% 8,735 27 8%
Source: U.S. Census Bureau. Race, Hispanic or Latino, and Age. 2000
2000 Census Housing Units - City of Moorpark & Tract 76.02
Type Tract 76.02 % City %
Total Units 2,081 100.0% 9,094 100.0%
Owner-Occupied 1.160 558% 7,385 81.2%
Renter-Occupied T— 889 427% 1,609 17.7%
Vacant Housing Units 32 1 15% 100 1.1%
Available for Sale Only(of Total Vacant 6 18.8% 39 390%
Units)
- i
Available for Rent-Full Time Occupancy 15 46.9% 20 20.0%
(of Total Vacant Units)
Sold or Rented-Not Occupied 0 00% 18 180%
Otherwise Not Available(e.g.seasonal, 5 15.6% 11 11.0%
recreational,migratory,occasional use)
Other Vacant 6 188-1. 12 12.0%
Source: U S Census Bureau, General Housing Characteristics. 2000
73
A TTACI I M EN'r 4
IN FORMATION Al. BROCHURL 1'0 BE GIVEN fn TIIE DISPLACED HOUSEHOLDS
74
Relocation Assistance
Informational Statement
for Families and Individuals
Displacing Agency:
City of Moorpark
Project Name:
Second Street Park @ 161 Second Street
Displacing Agency Representative:
'•, jj;� :'_ ?yj Overland, Pacific & Cutler, Inc.
3750 Schaufele Ave., Suite 150
Long Beach, CA 90808
Phone: 562.304.2000
Informational Statement Content:
1. General Information
2. Assistance In Locating A Replacement Dwelling
3. Moving Benefits
4. Replacement Housing Payment- Tenants And Certain Others
5. Section 8 Tenants
6. Replacement Housing Payment — Homeowners
7. Qualification For And Filing Of Relocation Claims
8. Last Resort Housing Assistance
9. Rental Agreement
10. Evictions
11. Appeal Procedures — Grievance
12. Tax Status of Relocation Benefits
13. Non-Discrimination and Fair Housing
14. Additional Information And Assistance Available
Spanish speaking representatives are available. Si necesita esta informacion en espa6ol,por favor(lame a su representante.
75
Informational Statement for Families and Individuals
1. GENERAL INFORMATION
The dwelling in which you now live is in a project area to be improved by,or financed through,the Displacing
Agency using state and/or local funds. I f and when the project proceeds. and it is necessary for you to move
from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the
date by which you must move. Please read this information, as it will be helpful to you in determining your
eligibility and the amount of the relocation benefits you may receive under the state law. You will need to
provide adequate and timely information to determine your relocation benefits. The information is voluntary.
but ifyou don't provide it. you may not receive the benefits or it may take longer to pay you. We suggest you
save this informational statement for reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to
provide relocation assistance to you. The firm is available to explain the program and benefits.Their address
and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR
DWELLING. However,ifyou desire to move sooner than required,you must contact your representative".vith
Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational
brochure only,and is not intended to give a detailed description of either the law or regulations pertaining to the
Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord,otherwise you may be evicted and jeopardize
the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires
the property,you will also be required to pay rent to the Displacing Agency.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Displacing Agency, through its representatives, will assist you in locating a comparable replacement
dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek
such housing yourself.
When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an
inspection and advise you as to whcther the dwelling unit meets decent,safe and sanitary housing requirements.
A decent,safe and sanitary housing unit provides adequate space for its occupants,proper weatherproofing and
sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation
assistance payments can be authorized.
3. MOVING BENEFITS
I f you must move as a result of displacement by the Displacing Agency,you will receive a payment to assist in
moving your personal property. The actual, reasonable and necessary expenses for moving your household
belongings may be determined based on the following methods:
• A Fixed Moving Payment based on the number of rooms you occupy (see below): or
• A payment for your Actual Reasonable Moving and Related Expenses based on at least two written
76
estimates and rccciptcd bills; or
• A combination ofboth (in sonic cases).
For example, you may choose a SelfMove, receiving a payment based on the Fixed Residential Moving Cost
Schedule shown below,plus contract with a professional mover to transport your grand piano and/or other items
that require special handling. In this case, there may be an adjustment in the number of rooms which quality
under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment Fixed Moving Schedule
A Fixed Moving Payment is based upon the number of CALIFORNIA Effective 2008
rooms you occupy and whether or not you own your own Occupant Owns Furniture:
furniture. The payment is based upon a schedule approved 1 room $625
by the Displacing Agency, and ranges, for example, from 2 rooms $800
$400.00 for one furnished room to $2,150.00 for eight 3 rooms $1,000
rooms in an unfurnished dwelling.(For details seethe table). 4 rooms $1,175
Your relocation representative will inform you of the 5 rooms $1,425
amount you are eligible to receive, ifyou choose this type of 6 rooms $1,650
payment. 7 rooms $1,900
8 rooms $2,150
If you select a fixed payment, you will be responsible for Each additional room $225
arranging for your own move, and the Displacing Agency Occupant does NOT Own Furniture:
will assume no liability for any loss or damage of your 1 room $400
personal property. A fixed payment also includes utility Each additional room $65
hook-up, credit check and other related moving fees. -- - -
B. Actual Moving Expense (Professional Move)
Ifyou wish to engage the services ofa licensed commercial rnover and have the Displacing Agency pay
the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your
relocation representative will inform you ofthe number of competitive moving bids(if any)which may
be required,and assist you in developing a"mover"scope ofservices for Displacing Agency approval.
4. REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN OTHERS
You may be eligible for a payment oi'up to $5,250.00 to assist you in renting or purchasing a comparable
replacement dwelling. In order to qualify,you must either be a tenant who has occupied the present dwelling for
at least 90 days prior to the initiation of negotiations or an owner who has occupied the present dwelling
between 90 and 180 days prior to the initiation ofncgotiations.
A. Rental Assistance.ifyou qualify,and wish to rent your replacement dwelling,your maximum rental
assistance benefits will be based upon the difference over a forty-two(42)month period between the rent
you must pay fora comparable replacement dwelling and the lesser ofyour current rent and estimated
utilities or thirty percent (30%) of your gross monthly household income. You will be required to
provide your relocation representative with monthly rent and household income verification priorto the
determination of your eligibility for this payment.
- OR -
B. Down-payment Assistance. I fyou quality, and wish to purchase a home as a replacement dwelling,
you can apply up to the total amount ofyour rental assistance payment towards the down-payment and
77
non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to
apply for this payment.
Where a tenant is sharing a dwelling with an cmner-occupant and paying the owner-occupant rent Jor the
privilege, the tenant shall not be entitled to more than one-lialf'ofthc rental assistance otherwise payable.
5. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such
cases, a comparable replacement dwelling will be determined based on your Unily composition at the time of'
displacement and the current housing program criteria. This may not be the size of the unit you currently
occupy. Your relocation representative will provide counseling and other advisory services along with movin�1
benefits.
6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
A. I fyou own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior
to the initiation ofnegotiations,you may be eligible to receive a payment of'up to$22,500.00 to assist
you in purchasing a comparable replacement unit. This payment is intended to cover the following
items:
I. Purchase Price Differential - An amount which, when added to the amount for which the
Displacing Agency purchased your property, equals the lesser of the actual cost of your
replacement dwelling; or the amount determined by the Displacing Agency as necessary to
purchase a comparable replacement dwelling. Your relocation representative will explain both
methods to you.
2. Mortgage Interest Differential-The amount which covers the increased interest costs,ifany,
required to finance a replacement dwelling. Your relocation representative will explain limiting
conditions.
3. Incidental Expenses-Those one time incidental costs related to purchasing a replacement unit,
such as escrow fees, recording fees,and credit report fees. Recurring expenses such as prepaid
taxes and insurance premiums are not compensable.
B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a
replacement dwelling,you may be eligible fora rental assistance payment ofup to the amount that you
could have received under the Purchase Price Diflerential.explained above. The payment will be based
on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a
comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling, you may apply for a payment equal to the amount you would have received if
you had initially purchased a comparable replacement dwelling, less the amount you have already
received as a rental assistance payment.
7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
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• For a tenant, the date you move from the displacement dwelling.
• For an owner-occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or. in the case of'
condemnation, the date the full amount ofestimated.just compensation is deposited in court,: or
b. The date you move from the displacement dwelling.
All claims for relocation benefits must be filed with the Displacing Agency%ithin eighteen(18)months from
the date on which you receive final payment for your property, or the date on which you move, whichever is
later.
8. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move,or ifreplacement housing
is not available within the monetary limits described above, the Displacing Agency will provide Last Resort
Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort
Housing assistance is based on the individual circumstances of the displaced person. Your relocation
representative will explain the process for determining whether or not you qualify for Last Resort assistance.
f'you arc a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire
amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and
eligible incidental expenses ofthc home you intend to purchase.
9. RENTAL AGREEMENT
Asa result ofthe Displacing Agency's action to purchase the property where you live,you may become a tenant
ofthe Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the
monthly rent to be paid,when rent payments are due,where they are to be paid and other pertinent information.
10. EVICTIONS
Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to
relocation benefits. Except for the causes of*eviction set forth below, no person lawfully occupying property to
be purchased by the Agency will be required to move without having been provided with at least 90 days written
notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons:
• failure to pay rent;except in those cases where the failure to pay is due to the lessor's failure to keep
the premises in habitable condition, is the result of harassment or retaliatory action or is the result of
discontinuation or substantial interruption of'services;
• Performance of dangerous illegal act in the unit;
• Material breach of'thc rental agreement and failure to correct breach within the legally prescribed
notice period;
• Maintenance of nuisance and failure to abate within a reasonable time following notice;
• Refusal to accept one of a reasonable number of offers of replacement dwellings; or
• The eviction is required by State or local law and cannot be prevented by reasonable efforts on the
part ofthe public entity.
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11. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of', a payment authorized by the
Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the
Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are
available upon request from the Displacing Agency.
12. TAX STATUS OF RELOCATION BENEFITS
Calitbrnia Government Code Section 7269 indicates no relocation payment received shall be considered as
income for the purposes of the Personal Income Tax Law. Part 10 (commencing with Section 170 01 ) of
Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part I I (commencing
with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations(49
CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be
considered as income for the purpose of the Internal Revenue Code of 1 954,which has been redesignated as the
Internal Revenue Code of 1986.No federal dollars are anticipated for this project.Thcrefore,tcdcral regulations
may not apply and the IRS may consider relocation payments as income. The preceding statement is not
tendered as legal advice in regard to tax consequences,and displacees should consult with their own tax advisor
or legal counsel to determine the current status of'such payments.
(IP6 Circular 230 disclosure. To ens tire compliance with requirements imposed by the lk2 , we inform you thut any tux
udvice contained in th(.s communicution(including any attachments) was not intended or irritten to he used, and cannot
he used. for the purpose- of(i) uvoiding tax-related penulues under the Internal Revenue Code or (ii) promoting
marketing or recommending to another purtr ant,mutters uddressed herein)
13. NON-DISCRIMINATION AND FAIR HOUSING
No person shall on the grounds of'race,color,national origin or sex,be excluded from participation in,bedenied
the benefits of,or be subiected to discrimination under the Displacing Agency's relocation assistance program
pursuant to Title VI of the Civil Rights Act of 1964, Title Vlll of the Civil Rights Act of 1968, and other
applicable state and federal anti-discrimination and fair housing laws. You may file a complaint ifyou believe
you have been subjected to discrimination. For details contact the Displacing Agency.
14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible to
minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly
appreciated. If you have any questions at any time during the process, please do not hesitate to contact your
relocation representative at Overland. Pacific&. Cutler.
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AT IACIINIENT 5
Fixed Payment Moving Schedule
Occupant Owns Furniture
One room _ $625.00
Two rooms $800.00
Three rooms $1,000.0
Four rooms $1,175.0
Five rooms I $1,425.0
Six rooms $1,650.00
Seven rooms $1,900.00
Eight rooms $2,150.00
each additional room $225.00
Occupant Does NOT Own Furniture
First Room $400.00 l
each additional room $65.00
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ATTACHME:N,f 6
PUBLIC COMMENTS A\I)IZE:SPoNSE:
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