Resolution 2387
\..;i
'-'
'--'
n___-,
RESOLUTION NO.
2387
A RESOLUTION ADOPTING DISTRICT REGULATIONS GOVERNING
RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
RESOLVED, by the Board of Directors of the South
Tahoe Public Utility District, El Dorado County, California,
that,
WHEREAS, California Government Code S 7267.8(a)
provides that all public entities shall adopt rules and
regulations
implement payments
and to
administer
to
relocation assistance; and
WHEREAS, such rules and regulations must be in
conformi ty with the Guidelines adopted by the California
Department of Housing and Community Development;
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED,
and ORDERED as follows:
1. That the Department of Housing and Community
Development regulations governing relocation assistance,
last resort housing and real property acquisition found at
25 California Administrative Code SS 6000 et seq., and
attached as Exhibit A, are hereby adopted by this Board, and
incorporated by reference as if set forth in full herein.
2. That in the event that the instant regulations
are superseded, amended or otherwise replaced, the District
hereby incorporates by reference the regulations then in
effect.
-1-
\..-
'-'
'--'
ATTEST:
rd c? ~~
Clerk and Secretary
* ** *** ***** *** ** *
I hereby certify that the foregoing is a full,
true and correct copy of Resolution No.
2387
duly and
regularly adopted by the Board of Directors of the South
Tahoe Public Utility District, El Dorado County, California,
at a meeting thereof duly held on the
17th day of
April
, 1986, by the following vote:
4 Directors in favor; (Wynn, Olson, Jones, Mason)
o Directors opposed; and
1 Directors absent. (Madden)
Clerk and Secretary
of the South Tahoe Public
Utility District
-2-
\....
'-'
'--'
California
Relocation
EXHIBIT A
RESOLUTION NO. 2387
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BOARD OF DIRECTORS
*
*
*
*
Department of Housing & Community
Assistance, Last Resort Housing,
Property Acquisition Guidelines
Development
and Real
Title 25 Cal.Admin. Code SS 6000 et seq.
(as of March 1986)
~
TITLE 2S
HOUSING AND COMMUNITY DEVELOPMENT
PROGRAMS
633
("..Ia,. n, No. ~,'''m
\...,
Article 1. General
6000. Order of Adoption. This subchapter (hereinafter referred
to as the "Guidelines") is adopted pursuant to the provisions of Section
4113:5, 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 ~ the "Act"), relat-
ing to relocation assistance, last resort housing and real property acqui-
sition.
NOTE: Authority cited for Chapter 6: Sections 41134. 41135 and 41226. Health and Safety
Code. Reference: Section 7260 et seq., Government Code; 41134. 41135 and 41226, Health
and Safety Code.
HUlo,,': l. Amendment filed 11-5-76 as an emergency; desilll8ted effective 11.27.76
(Register 76. No. 44). For prior history, see Register 76. No. 44.
2. Redesignation of Chapter 6 (Sections ~198, not consecutive) to Chap.
ter 6. Subchapter 1 (Sections ~l98. not consecutive) Aled 1.~77 as
procedural and organizational; efl'ectiveupon Aling (Register 77, No.5).
3. Amendment filed 1.28-77 as procedural and organizational; effective upon
filing (Register 77, No.5).
4. Certificate of Compliance as to filing of 11-5-76 filed 2.16-77 (Register 77,
No,S).
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 ar~ 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 public land acquisi-
tion.
(c) A public entity shall not participate in or undertake aproject that
will displace individuals from their homes unless comparable replace-
ment dwellings (see suhsection 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.
GuiCielines and all applicable regulations on which determinations are
based shall be construed to effect this intent.
......
11.._'
~
634
'--
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
(Regie.., 77. No. t-a,'..m
6C)(W. Applicability and Supenedure. (a) (l) 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 imd acquisi-
tion.
(2) With respect both to redevelopment activities undertaken
punuant to a plan or amendment adopted prior to January I, 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 shaU 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. F .r the purpose
of this section the term "action" shaU include but is not Hmited 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.
History: l. Amendment of subsection (b) filed 11-5-76 as an emergency; designated
effective 11.27-76 (Register 76. No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77, No.8).
6006. Regulations. (a) Each public entity before undertaking or
participating 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 of the Act or Guide-
lines.
6008. I;>efinitions. The following terms shall mean:
(a) Acquisition. Obtaining ownership or possession of property
by lawful means.
(b) Business. Any lawful activity, except a farm operation, con-
ducted primarily:
......
-""
\..,
TITLE 25 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
(Regia'., 71. No. _'....71'
635
\...
(1) For the purchase, sale, lease, or rental of personal and real
property, and for the manufacture, processing, or marketing of
proaucts, 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 6(90), for assisting in the purchase, sale, resale, manufacture.
processing, or marketing of products, commodities, personal prop-
erty, or services by the erection and maintenance of an outdoor
adverijsing display, whether or not such display is located on the
premises on which any of the above activities are conducted.
(c) Comparable Replacement Dwelling. A dwelling which satis-
fies each of the follOWing standards:
. (1) Decent, safe and sanitary (as defined in subsection 6008 (d) ),
and comparable to the acquired dwelling with respect to number of
rooms, habitable living space and type and quality of construction,
but not lesser in rooms or living space than necessary to accommo-
date the displaced person.
(2) In an area not subjected to unreasonable adverse environmen-
tal conditions from either natural or man made 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 8!ld 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 characteristics. Though a displaced person does not
have to accept a dwelling subject to unreasonable adverse environ-
mental conditions, neither is a public entity required to duplicate
environmental characteristics, such as scenic vistas or proximity to
the ocean, lakes, riven, 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 19f38.
(4) To the extent practicable and where consistent with para-
graph (c) (1) of this section, functionally equivalent and substantially
the same as the acquired dwelling, but not excluding newly con-
structed housing.
~
~
~
HOUSINC AND COMMUNITY DEVELOPMENT TITLE 25
(R...._ 71. No. _'....711
(S) Within the Financial Means of the Displaced Person. A re-
placement dwelling is within the financial'means of a displaced per-
son if the monthly howing cost (including payments for mortgage,
. insurance and property taxes) or rental cost (including utilities and
other reasonable recurring expenses) minus any replacement hous-
ing payment available to the penon (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 re-
placement dwelling is within the financial means of a displaced per-
son also if the purchase price of the dwelling including related
increased interest costs and other reasonable expenses (as described
in section 61(2) does not exceed the total of the amount of just
com~nsation provided for the dwelling acquired and the replace-
ment housing payment available to the person (as provided in section
61(2) .
If a dwelling which satisfies these standards is not available the
public entity may consider a dwelling which exceeds them.
(d) Decent, Safe and Sanitary. (1) Housing in sound, clean and
weather tight condition, in good repair and adequately maintained,
in conformance with the applicable state and local building, plu~
ing, electrical, housing and occupancy codes or similar ordinances or
regulations and which meets the following minimum standards:
(A) Each housekeeping unit shall include a kitchen with a fully
usable sink, a stove or connection for a stove, a separate and com-
plete bathroom, hot and cold running water in both bathroom and
kitchen, an adequate and safe wiring system for lighting and other
electrical services and heating as required by climatic conditions
and local codes. .
(B) Each nonhousekeeping unit shall be in conformance with
state and local code standards for boarding houses, hotels and other
dwellings for congregate living.
(2) When the term decent, safe and sanitary is interpreted, under
local, state or federal law, as establishing a higher standard, the ele-
ments of that higher standard, which exceed the provision 'of para-
graph (1) of this subsection, are incorporated herein.
(e) Department. Department of Housing and Community De-
velopment.
(f) Displaced Penon. Any person who moves from real prop-
erty, or who moves his personal property from real property, either as
a result of the acquisition of such real property, in whole or in part, by
a public entity or by any person having an agreement with or acting on
behalf of a public entity, or as the result of a written order from a public
entity to vacate the real property, for public use.
This definition shall be construed so that persons displaced as a result
of public action receive relocation benefits in cases where they are
~isplaced as a result o( an owner participation agreement or an acquisi-
tion carried out by a private person (or or in connection with a public
use where the public entity is otherwise empowered to acquire the
property to carry out the public use. .
636
~ -
\w
\...
TITLE 2S RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
(R...._ 71. No._'....7I1
(g) Dwelling. The place of permanent or customary and usual
aboae of 'a person, including a single-family dwelling, a single-family
unit in a two-family dwelling. multi-family or multipurpose dwelling, a
unit of a condominium or cooperative housing project, a 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 6(90).
(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 ~rea.
(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 o~rator's support.
(I) Groa 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 t:5OO for each dependent in excess of three.
(2) A deduction of ten percent (10%) of total income for an elder.
ly or handicapped houseliold.
(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
insuranc..-e 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 memben when determined to be
necessary to employment of the head or spouse, except that the
amount Ot.'ducted shall not exceed the amount of income received by
the person thus released.
Groa income is divided by twelve to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
consideret~ as income for the determination of financial means.
(m) Handicapped Household. A household. in which any mem-
ber is hannicapped or disabled.
(n) Initaation 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.
637
~
L
638
HOUSING AND COMMUNITY DEVELOPMENT TITLE 25
(Regia.. 71. No. _'0.>>711
\
\..,
(0) Mobile Home. A structure, transportable in one or mort> 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 systems contained therein. A self-propelled vehi-
cle is not a mobile home.
(p) Mortgale. 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.
((I) Ownenhip. 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 mobile home.
(7) A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests
by devise, bequest, inheritance or operation of law, the tenure of own-
enhip, but not occupancy, of the succeeding owner shall include the
tenure of the preceding owner.
(r) Penon. Any individual, family. partnership, corporation, or
association.
(s) Public Entity. Includes the state, the Regents of the Univer-
sity of California, a county, city, city and countr' district, public author-
ity, public agency, and any other politica 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) Displacemen~. 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.
I
. \....--
.\.,
TITLE 2S
HOUSINC AND COMMUNITY DEVELOPMENT
PROGRAMS
6.19
(Regie'. 77. No. t-a-'..77)
'--
(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 survey and analysis of both the housing
needs of ~rsons who will be displaced and available replacement
housing and considering competing demands for that housing, com-
parable replacement dweUUigs will be available. or proviCled, if
nec:essary, within a reasonable period of time prior to displacement
sufficient in number, size and cost for the eligible persons who re-
quire them.
(5) Adequate provisions have been made to provide orderly, time-
ly, and efficient relocation of eligible ~rsons 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. N:> 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 detennines that with respect to such acquisition and
to the greatest extent practicable,
(1) Adequate provisions have been made to be guided by the
provisions of Article 6 of the Guidelines, and
(2) Eligible persons will be informed of 'the pertinent benefits,
policies and requirements of the Guidelines.
HiItory: I. Amendment of subsection (b) filed 11-5-76 as an emer,ency; designated
efrective 11.27-76 (Resister 76, No.44).
2. Certificate of Compliance filed 2-16-77 (Register 77. No.8).
6012. Citizen Participation. (a) All persons who will be dis-
placed, neighborhood groups and any relocation committee shall ~
given an opportunity and should be encouraged fully and meaningfully
to participate in reviewing the relocation plan and monitoring the
relocation assistance progrun.
(b) When a substantial number of .persons will be displaced from
their dwellings the public entity shall encourage the residents and
community organizations in the displacement area to form a relocation
committee. The committee shall include, when applicable, residential
owner occupants, residential tenants, business people, and members of
existing organizations within the area. In lieu of initiating a new process
of citizen participation, public entities which have conducted or are
conducting a citizen participation process as part of an existing develop-
ment progrun may substitute such process if it satisfies the require-
ments of this section.
If a substantial number of persons will not be displaced from their
dwellings, the public entity shall at least consult with and obtain the
advice of residents and community organizations and make the reloca-
tion plan available to such persons and organizations prior to submitting
it to the legislative body for approval. (See section 6038.)
(c) At a minimum the displacing entity shall guarantee the follow-
ing:
-- -"
~
'-
llIiiI.... _'
640
o
HOUSING AND COMMUNITY DEVELOPMENT TITLE 25
(R..... n. No. t-a-'''T7I
(1) Timely and full access to all documents relevant to the reloca-
tion program. A public entity may reasonably restrict access to
material where its confidentiality is protected by law or its disclosure
is prohibited by law. .
The displacing entity shall ensure that the information in docu-
ments the provision of which would result in disclosure of the identity
of eligible persons is provided in a manner designed to avoid such
disclosure. This obligation to avoid improper disclosure shall not af-
fect the right of the person to which the information relates (or any
other penon authorized in writing by such person) to inspect such
documents.
(2) The provision of technical assistance necessary to interpret
elements of the relocation plan and other pertinent materials.
(3) The right to submit written or oral comments and objections,.
including the right to submit written comments on the relocation
plan and to have these comments attached to the plan when it is
forwarded to the local legislative body or the head of the state agency
for approval.
(4) Prompt, written response to any written objections or criti-
cisms.
'\
6014. Prerequisite to Displacement. No person shall be dis-
placed until the public entity has fulfilled the obligations imposed by
the Act and Guidelines.
6016. Remedies. (a) If _the public entity has not fulfilled or is
not substantially fulfilling it!: relocation responsibilities. it shaU cease
displacement until such time as its responsibilities are fulfilled. When
appropriate project implementation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and bene~
fits, after the public entity was required to offer assistance or benefits,
shall be provided such assishnce and payments and, when appropriate,
compensation for additional costs incurred. The displacing entity shall
make every effort to identify and locate such persons.
(c) _~ public entity may pay a complainant's attorney's fees and costs
and is encouraged to consider doing so when a complainant institutes
a successful administrative appeal or judicial action.
(d) The enumeration ofremedies in this section is not intended to
discourage or preclude the use of other remedies consistent with the
intent of the Act and Guidelines. Rather a public entity is encouraged
to consider and adopt other remedies. . .
6018. Priority of Federal Law. If a public entity undertakes a
project with federal financial assistance and consequently must provide
rt'"location assistance and benefits as required by federal law, the provi-
sions of the Act and Guidelines shall not apply; but if an obligation to
pro\'jde relocation assistance and benefits is not imposed by federal law
the provisions of the Act and Guidelines shall apply.
I
l,
TITLE 25 RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISITION GUIDEUNES
(.......... lI. No. .........711
6020. Severability. If any provision of the Guidelines or the ap-
plication thereof is held invalid, such invalidity shall not affect other
provisions or applications of the Guidelines which can be given effect
without the invalid provision or application, and to this end the provi-
sions of the Guidelines are severalile.
641
'-'
Article 2. Relocation Assistance Advisory Program and Assurance
of Comparable Replacement Housing
6000. Purpose. The purpose of this part is to set forth require-
ments with respect to the aevelopment 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 displace or cause
the displacement of any person from his dwelling without adequate
notice and unless comparable replacement housing is available.
6032. Relocation Assistance Advisory Pro....m. Public entities
shall develop and implement a relocation assistance advisory profam
which satisfies the rP.quirements of this article and of Title VI 0 the
Civil Rtahts 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 penons displaced from their dwellings are relocated into housing
meeting the criteria for comparable replacement housing. and (b) all
persons displaced from their places of business or farm operations are
assisted in reestablishing with a minimum of delay and loss of earnings.
eo:w. Elip'bilit)'. (a) Relocation assistance and beneAts shall be
available to:
(1) Any penon who occupies property from which he will be
dis laced.
~) Any person who will move from real property or will move his
personal prope~ from real property. because he will be displaced
from other real property on which he conducts a business or farm
operation. .
(3) Any person who moves from real property as a result of its
aequisition by a public entity whether the move is voluntary or in-
voruntary.
(4) Any penon 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
~uired, such a person, at the discretion of the public entity, may be
declared eligible.
(5) Any person who moves as the result of pending acquisition by
a public entity either following receipt of a Notice of Intent to Dis-
place (see section 6(86) or as a result of inducement or encourage-
ment by the public entity.
.......
l
642
\..
HOUSING AND CoMMUNITY DEVELOPMENT TITLE 25
(Regia.. 71. No. _'....711
(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-
formed they are not eligible even though they move as the result of
a written order from the public entity to vacate the real property.
A public entity shall inform prospective tenants regarding the pro-
jected date of displacement and, periodically, should inform post-
acquisition tenants of any changes in this projection.
Persons who become post-acquisition tenants after the effective
date of the Guidelines, who are not so informed and who move as the
result of a written order from the public entity to vacate are eligible
for assistance and benefits, except where they are evicted in accord-
ance with the provisions of section 60.'58.
(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 sueti 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 development), 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 Enforcement. 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
from 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 undertakirig 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 t 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.
~
'\
J
\..
TITLE 25
HOUSING AND CoMMUNITY DEVELOPMENT
PROCRAMS
643
~
("egle.. n. No.I-'''T7I
(b) A Relocation Plan shall include the following:
(1) A diagrammatic sketch of the project area.
(2) Projected dates of displacement.
(3) A written analysis of the aggregate relocation needs of all per-
sons to be displaced (as required by section 6(48) and a detailed
explanation as to how these needs are to be met.
(4) A written analysis of relocation housing resources (as required
by section 6OS2).
(5) A detailed description of the relocation advisory services pro-
gram, including specific procedures for locating and referring eligi-
ble persons to comparable replacement housing. .
(6) A description of the relocation payments to be made (pursu-
ant to Article 3) and a plan for disbursement.
(7) A cost estimate for carrying out the plan and identification of
the source of the necessary fundS.
(8) A detailed plan by which any last resort housing (as described
in section 6054 and Article 4) is to be built and financed.
(9) A standard information statement to be sent to all persons to
be displaced (as required by section 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 6(52).
(14) The comments of the relocation committee, if any (pursuant
to section 6(12).
(15) A written determination by the public entity that the neces-
sary resources will be available as required.
(c) A Plan prepared by a local public entity shall be consistent with
the local housing element (prepared pursuant to California Administra-
tive Code, Title ~ Chapter 6, Subchapter 3.) .
(d) In the event of delay of implementation of the relocation pro-
gram, the g; shall be updated annually.
(e) (1) 'esofthe plan shall be submitted for review to thereloca-
tion committee and the department 30 days prior to submission to the
local legislative body or tlead of state agency for approval. Copies
_II 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 accord-
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.
History: I. Amendment of subsection (c) filed 1-28-77 as proceclunJ and orpnization-
81; effective upon mini (Register 77, No.5).
6040. Minimum Requirements of Relocation Assistance Advisory
Program. (a) Each relocation assistance advisory program under-
taken pursuant to this Article shall include, at a minimum. such meas-
ures, facilities or services as may be necessary or appropriate in order
to:
23-80919
\.
~
644
HOUSINC AND COMMUNITY DEVELOPMENT TITLE 25
(R..la,. n. No. ~''''m
\..,.
(1) Fully inform eligible persons under this Article within 15 days
following the initiation of negotiations for a parcel as to the a vailabili-
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 need of each such eligible person
for relocation assistance in accordance with the requirements of sec-
tion 6048.
(3) Assure eligible persons that within a reasonable period of time
prior to displacement there 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 wes 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 inspec:tion 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 dweRing 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 person and to pay again all moving
and related expenses. If the displaced person chooses not to move
from the unit that he occupied following referral, the public entity
shall not assert that he is ineligible to receive relocation assistance and
benefits on the basis of that unit's failure to satisfy the comparable
replacement dwelling standard.
(7) Assist each eligible person displaced from his 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 race, color, religion, national origin, sex, marital status or other
arbitrary circumstances.
(9) Supply to such eligible persons information concerning federal
and state housing programs, disaster loan and other programs admin-
istered by the Small Business Administ.ration, and other federal or
state frograms, offering assistance to displaced ~rsons.
(10 Provide other advisory assistance to eligible persons in order
to minimize their hardships. It is recommended that, as needed, such
assistance include counseling and referrals with regard to housing,
financing, employment, training, health and welfare, as well as other
assistance.
\w
,
)
I
)
~
TITLE 25 RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISmON GUIDEUNES
(Regieter 71. No. _'....71)
645
o
(11) Inform all persons who are expected to be displaced about the
eviction policies to be pursued in carrying out the project, which
policies shall be in accordance with the provisions of section 5058.
(b) Relocation Office. When a substantial number of persons
will be displaced and the relocation staff's office is not easily accessible
to those persons, a displacing entity 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 relocation 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 3.
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 tem~rary move (as defined in
section 6(44), 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 fo{ 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 Replacement Housing. The require--
ments of this section shall be deemed to have been satisfied if a person
is offered and refuses without justification reasonable choices of specifi-
cally identified comparable replacement dwellings 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 elUPble penon occupying property shall be re-
quired to move from a awelling or to move a business or farm operation,
without at least 90 days written notice from the public entity requiring
the disDl8cements. Public entities shall notify each individual tenant to
be dispiaced 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 real property is of crucial
importance and by one of the following circumstances:
(1) When displacement is necessitated by a major disaster as de-
fined in Section 102(2) of the "Disaster Relief Act of 1974" (88 Stat.
143,42 U.S.C. 5121).
(2) During periods of declared national or state emergency.
~
\..
\."
646
"
HOUSING AND CoMM1JN1TY DEVELOPMENT TITLE 25
(R........ 71. No. ~1NOo7l1
6044. Temporary Move. (a) General. (1) A public entity shall
be required to minimize to the greatest extent feasible the use of
temporary relocation resources (as defined in section 6(42) but,
when a project plan anticipates moves back into completed project
accommOdations, temporary relocation resources may be used, at the
displaced person's election for a limited period of time.
. (2) Temporary relocation does not diri1inish the responsibility of
the pubic entity to provide relocation assistance, services and benefits
designed to achieve pennanent relocation of displaced persons into
comparable replacement dwellings.
(b) Requirements, (1) Temporary replacement housing may not
be relied upon if comparable replacement housing will not be avail-
able to the displaced person within 12 months Of the date of the
temporary move.
(2) Prior to the move, the public entity shall have detennined '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 e~~:t shall ensure that comparable re-
placement dwellings are av' Ie within the 12 month period.
(B) Comparable replacement housing will be made available,
on a priority basis, to tile individual or family who has been tempo-
rarily rehoused. _
(C) The move to tempor~ housing will not affect a clail1lant'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 te~porary move not been made and
the costs of a temporary move will not be considered as all or a part
of the relocation payments to which a displaced person is entitled.
(D) If a project plan anticipates moves back into replacement
hOusing accommodations in die project or ~rogram area. the per-
son who has been temP-Qrarily diSplaced will be given priority op-
portunity to obtain such housing accommodations.
(E) The public entity will pay all costs in connection with the
move to temporary housing, including increased housing costs.
6046. Informational Prop-am. (a) Buic Requirements. The
~lacing entity shall establish and maintain an infonnation program
that provides for the following:
(1) Preparation and distribution of infonnational material as ~!r.
as practicable, to each occu~t of the property. This material
be distributed within US days following the initiation of negotiations
5 paragraph 604O(a) (1)) aDd not less than 90 days in advance of
. l8ceuient except for those situations described in subsection
(e). Where appropriate, separate infonnational statements shall
be prepared for residential and for non-residential occupants.
)
/
~
'-'
TITLE 15
HOUSING AND COMMUNITY DEVELOPMENT
PROGRAMS
647
\."
(R....... 77. No. 1-2-'''771
(2) Conducting personal interviews and maintaining personal
contacts with occupants of the property to the maximum extent prac-
tfeable.
(3) UtiJjzing meetings, newsletters, and other mechanisms, in-
cluding local media available to all persons, for keeping occupants of
the property informed on a continuing basis. The criterion for select-
ing among various alternatives shall be the likelihood of actually
communicating information to such persons. Legal publications, legal
ads in local newspapen of general circulation and similar means
which may go unnoticed are deemed to be inadequate.
(b) Lancuase. Informational material should be prepared in the
language(s) most easily undentood by the recipients. In displacement
areas where there are significant concentrations of persons who do not
read, write, or undentand 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 nave the material either
hand-cl~livered to each occupant of the r.roperty with a request for a
written rflceipt, or sent by certified mai , return receipt requested.
(d) General and Specifie Information. In addition to disseminat-
~ general information of the type described in this section, the dis-
pI8cing entity sha1I also provide each person with individual, written
notification as soon as his-eligibility status has been established.
(e) Content of InEonnational Statement. Attachment A identifies
the kinds of information required to be included in statements dis-
tributed to occu~ts of the property. The figure lists minimum re-
quirements. The disDlacing entity should include any additional
information that it believes would be helpful. (See Attachment A.)
Hutory: l. Amendment ohubleetion (a) (1) Rled 11-5-76 u an emergency; designat-
ed effeettve 11-17.76 (Repter 76, No. ....).
I. Certiftcate ol Compliance ftIed Z.1~77 (Register 77. No.8).
... Survey and Analysis of Relocation Needs. (a) (1) Re-
quirement. . Immediately following the initiation of negotiations
interview all eligible persons, business concerns, including nonprofit
orlanizations, aDd farin operatioDa to obtain information upon which
to plan for housing and other accommodations, as well as counseling
and aaistance needs.
(I) Coordination with Other Agencies. Other agencies may
also be conducting surveys in the area at the same time. Coordination
will be necessary to avoid duplication and to ensure that necessary
information is available at the appropriate time. Surveys utilized to
gather data for social service referralS should be planned in coopera-
tion with social service agencies and a referral system should be
established.
(3) Inronnation to Persons to Be Displaced. The local agency
shall carefully explain and discuss fully with each person interviewed
the purpose of the survey and the nature and extent of relocation
pa~ts and usistance that will be made available. All J)ersons shall
be advised and encouraged to visit the relocation office for informa-
tion and assistance.
I\..-
!
i
'I'
~
648
\..,
HOUSING AND COMMUNITY DEVELOPMENT TITLE 25
(R........ 77. No. t-a""T7I
(4) Relocation Records. Based on information obtained during
the survey and other so\.rces as applicable, the local agency shall
prepare and maintain an accurate relocation record for each person
to t)e displaced. The record shall contain a description of the perti-
nent characteristics of the persons to be displaced and the assistance
deemed to be necessary.
(b) The survey shall be by direct, personal interview, except where
repeated efforts indicate that is not possible. When a person cannot be
interviewed or the interview does not produce the information to be
obtained reasonable efforts shall be made to obtain the information by
other means. Eligible persons should be encouraged to bring any
change in their needs to the attention of relocation officials. The survey
shall be updated at least annually.
(c) A public entity shall endeavor to obtain the following informa-
tion: income; whether a person is elderly or handicapped; size of family;
age of children; location of job and factors limiting accessibility; area of
preferred relocation; type of unit preferred; ownenhip or tenant pref-
erence; need for social and public services, special schools and other
services; eligibility for publicly assisted housing; and with reference to
the present dwelling, the rent, the type and quality of construction, the
number of rooms and bedrooms, the amount of habitable living space,
and locational factors including among others public utilities, public
and commercial facilities (including transportation and schools) and
neighborhood conditions (including municipal services). Other mat-
ters. that concern a household as its members contemplate relocation
should also be included. -
(d) A written analysis of relocation housing needs shall be prepared.
It shall be prepared in sufficient detail to enable determination of the
availability for all potential displacees of housing which meets the
standards set forth in the definition of comparable replacement hous-
ing._
The information concerning homeownership and rental units shall be
provided separately. The number of units neeCled shall be identified by
cost for each size category. The needs of elderly and handicapped
households shall be shown separately and shall include information on
the number of such households requiring special facilities and the na-
ture of such facilities.
The statement of relocation hOUSing needs shall include a description
of the locational characte>ristics of the displaCement area neighbortioods
corresponding to the requirements of comparable replacement hous-
ing. Information shall be provided concerning proximity to present
employment sources, medical and recreational facilities, parks, commu-
nity centen, 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.
~
\
j
L
TITLE 15 RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
1....1..... 71. No. _...."1
649
\.,
6050. Failure to Conduct Timely and Effective Survey. When a
survey is not conducted in a timely and effective manner, the public
entity shall be obligated to make every effort to locate all eligible
persons who have moved so th$lt 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 entity's failure to provide timely notice and offers of relocation
usistance and benefits.
6052. Survey and Analysis of Available Relocation Resources.
(a) (1) To enable a public entity reasonably to determine that the
requisite comparable replacement dwellings will be available. the
public entity, within 15 days following the initiation of negotiations,
shall initiate a survey and analysis of available comparable relocation
resources.
If a recent survey that provides the information identified in this
section is not available, the public entity shall conduct a survey and
analysis of the housing marJ(et. If a recent survey is available. but it
does not reflect more recent, significant changes in housing market
conditions, the survey shall be upclated 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
plannin.8Iencies 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 reasonablr related to the displacement
area and to the needs and preferences 0 the persons to be displaced,
as indicated in the written analysis prepared pursuant to section 6048.
The survey area shall have relevant characteristics (see subsection
6008 (c)) which equal or exceed those of the neighborhood from which
persons are to be displaced.
(c) A written analysis of relocation housing resources shall be pre-
pared in sufficient detail to enable determination of the availability for
all potential displacees of housing which meets the standards set forth
in the definition of comparable replacement housing.
The information concerning homeownership and rental units shall be
provided separately. The number of units available shall be identified
by cost for each size category, Resources available to meet the needs
of elderly and handicapped households shall be shown separately aud
shall include information on the number of units with special facilities
and the nature of such facilities.
The analysis of resources shall include a description of the locational
characteristics of the survey area neighborhoods corresponding to the
requirements of comparable replacement housing. Information shall be
provided concerning proximity to present emfloyment sources (with
the consent of the displaced person a potentia employer may be sub-
stituted), medical and recreational facilities. parks. community centers,
shopping, transportation and schools. Information concerning proxim-
ity to other relevant needs and amenities is essential to ensuring that
residents are not incapacitated by the relocation and such information
should also be provided.
\.
~
\..r
HOUSING AND COMMUNITY DEVELOPMENT TITLE 25
(Regia.., 'II. No. _'0..711
(d) (1) Units which do not satisfy the standards of comparable re-
placement housing, including the locational criteria, shall not be
counted as a relocation resource.
(2) Uncompleted new construction or rehabilitation shall not be
included in the gross figure unless there is a substantial likelihood that
the units will be available when needed and at housing or rental costs
within the financial means of the prospective occupants.
(3) In addition to the other requirements of this section, the gross
figure representing the number of units available shall be discounted
to reflect both concurrent displacement and the extent to which
turnover is represented. Concurrent displacement by the federal
government and its agencies, including federally-assisted projects, as
well as displacement by other public entities shall be taken into
account. Turnover is the dynamic operation by which occupancy
changes occur within a standing inventory over a period of time and
theoretically could occur in the complete absence of vacancies on a
person to person basis. The use of turnover for relocation is not
permissible. The displacing entity shall assume that four percent of
the rental and one percent of the ownership units which meet the
standards of comparable replacement dwellings (see section
6008 (c) ) represents turnover. The displacing entity shall use a higher
percentage figure if such figure is more accurate. The displacing
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 wilJ be available when needed;
(B) The governmental body providing the subsidy has made, in
writing, a reasonably binding commitment of assistance; and
(C) The units have been inspected and determined to be de-
cent, safe and sanitary and the income ceilings, rent ranges and age
restrictions, if any, have been considered.
(D) The number of units available in the community exceeds
the number of households in need of the units. This requirement
may be waived by the department if the public entity can establish
that such units wilJ be replaced by last resort housing within two
years. To establish that last resort housing will be developed as
required the public entity must have site control with permissive
zoning, preliminary plans and conditional commitments for sub-
sidy and financing or the equivalent. The public entity also must
identify ownership. .
(c) Uncompleted new construction or rehabilitation which is subsi-
dized by public funds shall not be counted as a relocation resource
unless the units are being subsidized to provide relocation resources.
6054. Last Resort Housing. (a) No eligible person shall be re-
quired to move from his dwelling because of the action of a public
entity unless comparable replacement housing is available to him,
6SO
'-'
~
TITLE 25 RELOCATION ASSISTANCE AND REAL 651
PROPERTY ACQUISITION GUIDELINES
IR..II'" 71. No. _"""1
(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 entity may not
proceed with any phase of a project or other activity which will result
in displacement unless it provides such housing. (See Article 4.)
(c) If the action of a public entity has resulted or is resulting in
displacp.ment and comparable replacement housing is not available as
needed, the public entity shall use its funds, or funds authorized for the
project to provide such housing (see Article 4). or shall terminate or
suspend further implementation of the project activity in accordance
with the provisions of section 6018.
(d) Temporary relocation reiiQurces may be relied upon in the in-
terim only if the provisions of section 6004 are satisfied.
6056. Termination of Relocation Assistance. A public entity's
relocation obligations cease under the following circumstances:
(a) A displaced person moves to a comparable replacement dwelling
and receives all assistance and payments to which he is entitled.
(b) The displaced person moves to substandard housing, refuses rea-
sonable offers of 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 ~ration 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, payments and comparable replacement
housing.
. 6058. Eviction. (a) Eviction is ~rmissible only as a last resort.
It in no way affects the eligibility of eVicted displaced persons for reloca-
tion payments. Relocation records must be documented to reflect the
specific circumstances surrounding th..: eviction.
(b) Eviction shall be undertaken only for one or more of the follow-
ing reasons: .
(1) Failure to pay rent, except in those cases where the failure to
pay is due to the lessor's failure to keep the premises in habitable
condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services.
(2) Performance of a dangerous, illegal act in the unit.
(3) Material breach ofthe 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.
(15) 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.
\.
~
,
'-'
6.52
~
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
(Regie.... 71. No. _,....",
6060. Evaluation of Relocation. (a) A public entity is en-
couraged to evaluate its relocation program, assessing the quality and
quantity of services provided as wen as displacee satisfaction, to deter-
mine the adequacy of program planning and to ascertain whether any
persons have been denied the full benefits and services to which they
are entitled. The evaluation should be based upon an annual or continu-
al inspection of files and records, case interviews, and inspection of
replacement housing and business and farm replacement locations and
discussions with local individuals or organizations familiar with reloca-
tion issues. 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
llnd should assess the public entity's progress in taking corrective ac-
tion. Both relocation and acquisition activities should be covered by the
review.
(1) The relocation sample should include cases in which all pay-
ments have been completed and cases in which the person has been
displaced but all payments have not yet been made. The 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 ofrelocation assistance and services to which they are entitled,
Priority attention should be given to cases in which a grievance has
been filed or the agency has determined that a person is ineligible for
relocation benefits.
(2) The acquisition sample should be based on cases in- which
settlement has been completed. However. if necessary to provide a
representative sample of acquisition activities, the reviewer should
include incomplete transactions in which negotiations have been ini-
tiated.
(c) After the records and files have been reviewed. the reviewer
should select cases for further evaluation through personal interviews
with displaced persons and/or owners and the inspection of housing to
which persons have moved. The interviews 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 interviews and housing
inspections are to be carried out should reflect the reviewer'sjudgment
baSed on the information he hasjust reviewed. Generally. an interview
and inspection should be carried out for at least one of every five cases
for which the files and records have been reviewed. Only where the
number of persons displaced is less than 25 should the number of inter-
views and inspections be less than 10. In no case should the number of
interviews and inspections be lower than the lesser of five and the
number of persons displaced. To the extent possible, the interviews
should coyer a representative cross section of the types of cases in the
a~ency's workload: e.g., relocation cases involving families of various
sizes as well as individuals and business concerns (including both own-
ers and tenants), and acquisition transactions involving residential,
commercial and indwtrial properties.
'-'
~
\.
~
TITLE is RELOCATION AssiSTANCE AND REAL 653
PROPERTY ACQUlSmON GUIDEUNES
(........ 11. No. _"")
(d) In addition to the above, the following factors are 'among those
which should be considered:
(1) The effectiveness of efforts to provide relocation services to
~Iaced ~rsons, including timeliness of notice and correctness of
eli8!bility aeterminations.
(2) The satisfaction of relocated families, individuals and business
concerns in their new locations.
(3) The extent to which self-moves to substandard housing have
been minimized.
(4) The effectiveness of efforts to provide relocation services to
business concerns\ including counseling services and SBA loans to aid
in their reestablisnment.
(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 OCCUpal!ts.
(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 usurin& equal opportunity for displaced
persons and in reducing ~tterns of minority-group concentration.
(11) The effectiveness ofrelocation in upgrading the housing and
overall environmental conditions of ~rsons displaced.
(12) The effectiveness of the social service program, including
counselin& services, in hel~g residents adjust to relocation and in
helping solve individual and family problems.
(13) The impact on those segments of the housing market serving
the income groups displaced.
Article 3. Relocation Payments
6080. Purpose. The purpose of this Article is to set forth the
~ of, and specific eligibility criteria for, relocation payments to
. laced ~rsons. Basic eligibility conditions are set forth in section
. Specific conditions relating to particular payments are described
in later sections.
8082. Relocation Payments by Public Entity. A public entity
.... lUke reIocatioll 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.
8084. Basic Elip"bility Conditions. A person establishes basic eli.
gibility for relocation payments if he satisfies the conditions described
in section 6034. A person who moves from real property or who moves
his personal property from real pro~rty because he will be displaced
from other real property on which he conducts a business or farm
o~ration, establishes eligibility on the basis of the move from such
other property only for payments made pursuant to section 6090,
4.."
. .
A
\./
"
L.
.,.<
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 2S
c........ 71. No. -,....'111
6086. Notice of Intent to Dilplace. A public entity may issue a
written Notice of Intent to Displace at any time after forming a reason-
able expectation of acquiring real property. Such a notice. by establish-
ing eligibility prior to acquisition, will enable a public entity to respond
to hardship and other situations.
6088. Filinl 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 ~yment for the prop-
erty or the date on which h~ moves, whichever is later. The displacing
entity may extend this ~riod u~n a proper showing of good cause.
Except where specifically provided otherwise a claimant shall not be
reguire(t to submit a copy of his tax returns in support of a claim for
relocation payments.
6090. Actual Reasonable Movinl Expenses. (a) General. A
public entity shall make a payment to a displaced person who satisfies
the pertinent eligibility requirements of section 6084 and the require-
ments of this section, for actual reasonable experues ~fied 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 pro~rty. In all eues the amount of a payment shall not exceed the
reasonable cost of accomplishing the activity in connection with which
a claim has been filed.
The moving and related expenses for which claims may be filed shall
include:
( 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 ~rsonal 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 reasonatlle 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 ctiarges imposed
by' public utilities for starting utility service.
(b) Actual Reasonable Moving Expenses-Displaced Business Con.
cerns and Farm Operations. In adClition to those compensable ex-
pemE"s 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:
654
l
. .
Ii
\-,/
TITLE 25 RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISmON GUIDEUNES
(RegIa.... 71. No. _...."1
6.55
t
\,,/
(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 personal pro~rty. A public entity, at its discretion,
may compensate a displaced business or farm for any addition,
improvement. alteration or other physical change otherwise re-
CJuired to render such structure. premises. or equipment suitable
for the business or farm's use.
(B) Modifying the machinery, equipment, or other personal
property to adopt it to the replacement location or to utilities
available at the replacement location or modifying the power sup-
ply.
(2) Claims for payment under this subsection shall be subject to
the follOwing limitations:
(A) Reimbursable costs shall be reasonable in amount.
(B) The cost shall be found by the public entity to be required
by law or ordinance or to be otherwise necessary 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
concern as compensation for comparable additions, improvements,
alterations or other physical changes to the structure and premises
acquired, as part of the payment made for the acquisition of such
structure and premises.
(3) The cost of any license, permit or certification required by a
displaced business concern to t6e extent such 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~rsonal property,
moving die personal property. or installation of relocated personal
property at the replacement site.
(5) Where an item of personal property which is used in connec-
tion with any business or farm operation is not moved but is replaced
with a comparable item, reimbursement in an amount not to exceed
(1) the replacement cost, minus any net proceeds received from its
sale, or (2) the estimated cost of moving, whichever is less.
(c) Advance Payments. A displaced person may be paid for his
anticipated moving expenses in advance of the actual move. A public
entity shall provide advance payment whenever later payment would
result in financial hardship. Particular consideration shall bE' given to
the financial limitations and difficulties experienced by low and moder-
ate income persons and small farm and &usiness operations,
(d) The spec(fic provisions contained in this section are not intended
to preclude a public entity's reliance upon other reasonable medns of
effecting a move. including contracting moves and arranging for assign-
ment of moving expense paymeonts by displaced persons,
L
~
~
6S6 HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
(......... '" No. _,...711
(e) Self.moves. Without documentation of moving expenses ac-
tually incurred, a displaced person electing to self.move may submit a
claim for his moving expenses to the public entity in an amount not to
exceed an acceptable low bid or an amount acceptable to the displacing
entity.
(f) Penonal Property of Low Value and Hich Bulk-Business or
Farm Operation. Where, in the judgment of the public entity, the
cost of moving any item of personal property of low value and high bulk
which is used in connection with any business or farm ~ration would
be dispro~rtionate 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 tiie same with a comparable
item available on the market and the amount which would have been
received for such pro~rt)' on liquidation. This provision may in appro-
priate situations be applied to claims involving the moving of junk yards.
stockpiles, sand, gravel, minerals, metals and similar property.
(g) Documentation in Support of a Claim. (1) General. Except
in the case of a displaced ~rson conducting a self.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. By
prearrangement between the public entity, the site occupant, and
the mover, evidenced in writing, the claimant or the mover may
present an un~d moving bill to the public entity, and the public
entity may pay the mover directly.
(2) Business and Farm~tions. Each claim in excess of
'1,000 for the costs incurred a displaced penon for moving his
business or farm operation be ~ by competitive bids in
auch number u are practical. If the public entity determines that
compliance with the bid requirement is impractical or if estimates in
an amount of less than 11,000 are obtained, a claim may be supported
by estimates in lieu of bids.
(h) Whenever a public entity must pay the actual cost of moving a
displaced person the costs of such move shall be exempt from regula-
tion by the Public Utilities Commission as provided by section 7262 (e)
of the Act. The I?ublic entity may solicit competitive bids from qualified
bidders for penormance 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 Tanp'ble 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 loaes of tanlible 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.
\..
~
TITLE IS
HOUSING AND CoMMUNITY DEVELOPMENT
PROCRAMS
657
\.,
(RegIeter n. No. .....,.,..nl
(b) Determiniftl Actual Direct Loa of Property. Actual direct
loss of property shall be determined on the basis of the lesser of the
following:
(1) The fair market value of the property for continued use at its
location prior to displacement.
(2) The estimatecl reasonable costs of relocating the property.
The public entity may require that the owner Ant make a bona fide
effort to seU the pr~'or it ma)' ~rmit the owner not to do 10. The
proceeds realized from any sale Of an or part of the property Iha1I be
deducted from the determination of loss. fn calculating payment under
this section the reasonable cost of an effort to seU shall be added to the
determination of loa.
(c) Documentation to Support Claim. A claim for payment
,hereunder shall be supp<?rted by written evidence of loss wtiich may
include appraisals. certified prices. bills of sale, receipts, canceUed
checks, copies of advertisements. offers to sell, auction records, and
other records appropriate to support the claim or the public entity may
agree as to the value of the property left in place.
6094. Actual Reasonable Expenses in Searchin, for a Replacement
Businea or Farm. A displaced person who satisfies the pertinent
eligibility requirements of section Sl90 with respect to actuil reason.
able moving expenses, sha1I be eligible for a payment in an amount not
to uceed t5OO. in searchin, 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 earmngs of the displaCed person or his representative, but not
to e:'(ceed '10 per hour; and
(d) Fees paid to a real estate agent or broker to locate a replacement
business or farm.
8096. Movinl Expenses-Outdoor Advertisin, Businesses. A dis-
placed ~rson who conducts a lawful activity primarily for assisting in
the purchase, sale, resale, manufacture, processing, or marketing of
products, commodities. personal property, or services by the erection
and maintenance of outdoor advertising displays is entitled to payment
for the reasonable cost of moving such displays or their in-place value,
whichever is lesser.
8098. Alternate Payments-Individuals and Families. A person
or family, who is displaced from a dwelling and is eligible for a payment
for actual reasonable movingl!xpenses under section Sl9O, may elect to
receive and shall be paid, in lieu of such payment:
(a) A moving expense allowance not to exCeed 1300 and determined
in accordance with established Federal Highway Administration
schedules maintained by the California Department of Transportation,
and
(b) A dislocation allowance of t2OO.
History: 1. Amendment of sublection (I) Aled 11-5-76 as In emergency; designated
ftfective 11-2'7-76 (Register 76, No 44),
2, C'..ertific:ate of Complian~ flied 2-16-77 (Register 77. No, 8\
\..,
\.,.
658
\.
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
(........ 77. No. t-a-'''T71
6100. Alternate Payments-Businesses and Fann Operations.
(a) General. (1) A person who is displaced from his place of
business or farm operation and is eligible for payments under sections
6090, 6092, 6094, or 6096, and complies with the requirements of this
section, may elect to receive and shall be paid, in lieu of such pay-
ments, a payment equal to the average annual net earnings of the
business or farm operation (but not including a business as described
in section 6(96) as determined in accordarice with subsection (b)
below, except that such payment shall be not less than 12,500 nor
more than '10,000. For purposes of this section, the dollar limitation
specified in the preceding sentence shall apply to a single business,
regardless of whether it is carried on under one or more legal entities.
(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.SIO et seq. (the Eminent Domain Law, Chapter
9, Article 6-"Compensation for Loss of Goodwill") will be reduced
in the same amount. The portion considered to be compensation for
loss of goodwill shall not exceed the difference between the payment
made under this section and an amount which reasonably approxi-
mates the payments for which the displaced person otherwise would
be eligible under Sections 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 Civil Procedure referenced above,
(b) Requirements-Businesses. Payment shall not be under this
section unless the public entity determines that:
(1) The business cannot be relocated without a subtantial loss of
its existing patronage. based on a consideration of all pertinE."nt cir-
cumstances including such factors as the type of business conducted,
the nature of the clientele, the relative importance to thE." displaced
business of its present and proposed location, and the availability of
a suitable relocation site;
(2) The business is not part of a commercial enterprise having
another establishment which is not being acquired for a project and
which is engaged in the same or similar business. Whenever the sole
remaining facUity 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 $2,000
during the two taxable years prior to displacement of the major
component of the business; or
~
. .
\..
TITLE IS
HOUSING AND CoMMUNITY DEVELOPMENT
PROGRAMS
6.59
(R..I... 77. No. t-a.'..771
\..,
(C) Has had average annual net earnings of less than $1,000
during the two taxable years prior to the displacement of the major
component of the business, the remaining facility will not be con-
sidered another "establishment" for purposes of this section; and
(3) The displaced business:
(A) Had average annual gross receipts of at least t2,OOO during
the two taxable years prior to displacement; or
(B) The displaced tiusiness had average annual net earnings of
at least $1,000 (luring the two taxable years prior to displacement;
or
(C) The displaced business contributed at least 33~ 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
mike use of a more representative period.
(c) Determination of Number of Businesses. In determining
whether one or more legal entities, all of which have been acquired.
constitute a single business, the following factors among others shaIJ be
considered: '
(1) The extent to which the same premises and equipment are
~hared .
(2) The extent to which substantially identical or intimately inter-
related business functions are pursued and business and financial
affairs are commingled.
(3) The extent to which such entities are held out to the public,
and to those customarily dealing with such entities, as one business.
(4) The extent to which the same person or closely related persons
own, control or manage the affairs of the entities.
(d) Requirements-Fanns. I. the cue of a farm operation, no
payment shall be made under this section unless the public entity deter-
mines that the farm met the definition of a farm operation prior to its
acquisition. If the displacement is limited to only part of the farm
.ration, the operator will be considered to have been disolaced from
a farm operation if: the put taken met the definition of a lann opera-
tion prior to the taking and the taking eauted such a substantial change
in the nature of the existing farm operation as to constitute a displace-
ment.
(e) Requirements-Nonprofit Orpnizatio_J. In the case of a
nonprofit organization, no payment shall be made under this section
unless the public entity determines that:
(1) The nonprofit organization cannot be relocated without a sub-
stantialloss of its existing patronage (the term "existing patronage"
as used in connection with a nonprofit organization includes the
membership, persons, community, or clientele served or affected by
the activities of the nonprofit organization); and
(2) The nonprofit organization is not a part of an enterprise having
at least one other establishment not being acquired which is engaged
in the same or similar activity.
\..
'-'
660
....
HOUSINC AND CO....UNITY DEVELOP"ENT TITI..E 25
(....... n. No. t-a-,..m
(f) Net Earninp. The term "average annual net earnings" as
used in this section means one-halC of any net earnings of the business
or Carm operation, before federal and state income taxes, during the two
taxabl,e years immediately preceding the taxable year in which the
business or farm operation moves from the real property acquired for
such project, or during such other period as the head of the public
entity determines to be more equitable for establishing such earnings,
and includes any compensation paid by the business or farm operation
to the owner, his spouse or his dependents during such period. The
term "owner" as uSed in this section includes the sole proprietor in a
sole proprietorship, the principal partners in a partnership, and the
principal stockholders of a corporation, as determined by the public
entity. For purposes of determining a principal stockholder, stock held
by a husband, his wife and their dependent children shall be treated as
one unit.
(g) IC a displaced person who conducts a business or Carm operation
elects to receive a fixed payment under this section, he shall provide
proof of his earnings Crom the business or farm operation to the agency
concerned. Proof oC earnings may be established by income tax returns,
financial statements and accounting records or similar evidence accept-
able to the public entity.
History: I. Amendment of subsection (e) (I) filed 11-5-76 u an emergency; designat-
ed effective 11-27-76 (ReJister 76. No.44).
2. Certificate of Compliance filed 1-1~77 (Register 77, No, 8)
6102. Replacement Housinl Paymenh for Homeowners.
(a) General. A public entity shall make to a person who is dis-
placed Crom a dwelling and who satisfies the pertinent eligibility reo
quirements of section 6084 and the conditions of subsection (b) of this
section, a payment not to exceed a combined total of '15,000 for:
(1) The amount, ifanv, which when added to the acquisition cost
of the dwelling 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 compensate the displaced person for
any increased interest costs, as determined in accordance with sub.
section (c), he is required to pay for financing the acquisition of a
replacement dwelling. The payment shall not be made unless the
dwelling acquired by the public entity was encumbered by a bona
fide mortgage which was a valid lien on the dwelling for not less than
180 days prior to the initiation of negotiations 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-
tion (c) of this section, incurred by the displaced person incident to
the purchase of the replacement dwelling.
\..,
\....
\.,
TITLE 25 RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES
(Ilegle" 71. No. _....711
(4) In accordance with section 6106, the cost of rehabilitating a
dwelling which does not satisfy the decent, safe and sanitary stand-
ard.
(b) Elilibility Conditions.
(1) A displaced person is eligible for payment under this section
if such person:
(A) Is displaced from a dwelling that is acquired;
(B) Has actually owned and occupied such dwelling for not less
than 180 days prior to the initiation of negotiations for its acquisi-
tion;and
(C) Purchases and occupies a replacement dwelling within one
rear subsequent to the date on which he received final 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 satisfies all but the 180 day requirement and can
establish to the satisfaction of the public entity that he bought the
dwelling with the intention of making it his place of residence, that
the move was not motivated by a desire to receive relocation assist-
ance and benefits, and that he neither knew nor should have known
that public acquisition was intended the public entity may reduce the
requirement as necessary.
(3) Where for reasons beyond the control of the displaced ~rson
completion of construction, rehabilitation, or relocation of a replace-
ment dwelling is delayed beyond the date by which occupancy is
required, the public entity shall determine the date of occupancy to
be the date the displaced person enters into a contract for such
construction, rehabilitation, or relocation or for the purchase, upon
completion, of a dwelling to be constructed or rehabilitated, if, in fact,
the displaced person occupies the replacement dwelling when the
construction or rehabilitation is completed.
(<t) Where, for reasons of hardship or circumstances beyond the
control of the displaced person, such ~rson 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 Boulin. 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:
661
\."
. .
f..,
662
HOUSING AND CoMMUNITY DEVELOPMENT TITLE 2S
c........ JI. No. ~"'JlI
1. Comparative Method. On a case.by-case basis by deter-
min~ the listing price of dwellings which have been selected
by the public entity and which are most representative of the
acquirea 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 feasibl~t it ma)' establish a
schedule of reasonable acquisition costs for me various types of
comparable replacement dwellings. If more than one entity is
administering a project causing diiplacement 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 confiDed 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 an)' analysis, the analysis Shall be
divided into classifications of the type of construction, number of
bedrooms, and price ranges.
3. Alternative Method. Where the public entity deter-
mines that neither the schedule, nor com~ative method is fea-
sible in a given situation, by the use of another reasonable
method.
(B) Whichever method is selected the cost shall be uodated to
within three months of the date of purchase of the replacement
dwelling.
(2) Interest Payments. 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 tlie aggregate interest paid on
the mortgage on the replacement dwelling, and other debt service
costs. The term and amount of the mortgag~ on the replacement
dwelling for pu~ of this paragraph shall be the lesser of the
remaining term and amount of the mo~age on the acquired dwell-
ing, or the actual term and amount of tile 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.
\.
'-
/
'-'
\..,
1TI'LE 15 RELocAnON AssISTANCE AND REAL
PROPERTY ACQUlSmON GUlDEUNES
(........ '" No. _...."1
(3) Expensetlncident to the Purchase ofthe Replacement Dwell.
ins. Payment under this section shall include tile amount neces-
sary to reimburse the displaced person for actual costs incurred by
him incident to the purchase of the replacement dwelling, including
but not limited to the following: legal, closing, and related costs in-
cluding title search, preparing conveyance contracts, notary fees,
surveys. prepariJ)g dTawinas or plats, and charges paid incident to
recorClation; lender FHA. VA or similar appraisal COlt; FHA, V A or
similar application fee; cost for certification of struetural soundness;
credit report eharges; charge for owner's and mortgagee's evidence
or assurance of title' escrow agent's fee; and sales or transfer taxes.
Payment for any sueh expenses shall not exceed the amount attribut-
able to the purchase of a replacement dwelling. Such expenses shall
be reasonalile and legally required or customary in the community.
Reimbursement sti811 not be made under tlie provisions of this
~agraph for any fee, cost, charge, or e~nse 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 Replation Z issued pur-
suant thereto by the Board of Governon of 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-famUy unit of a multi-family
building which he owns. the replacement housing payment shall be
based on the cost of a comparable one.family unit in a multi-family
building of approximately the same density or if that is not available in
a building of the next less density, or, if a comparable one.family unit
in such a multi.family building is not available, the cost of an otherwise
comparable single-family structure.
(e) Owner Retention. (1) If a displaced homeowner elects to reo
tain, move, and occupy his dwelling, the amount payable under this
section is the difference between the acquisition price of the ac-
quired property and the sum of the moying and restoration e~nses,
the cost of correcting decent, safe, and sanita~ deficiencies, if any,
and the actual purchase price of a comparal)le relocation site. A
public entity may limit the payment made under this subsection to
the amount of the replacement housing payment for which the
'homeowner would otherwise be eligible.
(2) The payment shall not exceed $15,000.
663
'-
. .
c..
'"
664 HOUSINC AND CO....UNITY DEVELOP"ENT TITLE 25
c........ JI. No. ........."1
(f) Provisional Payment Pendinl ConcJemnation. If the exact
amount of a replacement housing payment cannot be determined be-
cause of a pending condemnation suit, the public entity concerned may
make a provisional replacement housing payment to the displaced
homeowner equal to the difference between the public entity's max.
imum offer for the property and the reasonable cost of a comparable
replacement dwelling, but only if the homeowner enters into an agree-
ment that upon final adjudication of the condemnation suit the replace-
ment hOUSIng payment will be recomputed on the basis of the
acquisition J?rice determined by the court. If the acquisition price as
determined by the court is greater than the maximum Offer u~n which
the provisional replacement housing payment is based, the (fifference
will be refunded Ii)' the homeowner to the public entity. If the acquisi-
tion price as determined by tL II! court is less than the maximum offer
u~n which the provisional replacement housing payment is based, the
difference will tie 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 purchase of the condomin-
ium.
6104. Replacement Houlin, Payments for Tenanta and Certain Oth-
en. (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 ",000 for either:
(1) An amount, computed in accordance with paragraph (d) (1) of
this sectiol!l.necessary to enable such person to lease or rent a replace-
ment dwelling for a period not to exceed 4 years; or
(2) An amount, computed in accordance with paragraph (d) (2) of
this section, necessary to enable such person to m&Jce a downpayment
on the purchase of a replacement dwelling (including incidental
expenses described in section 61(2). If such amount exceeds t2,OOO,
the displaced ~rson shall equally match any such amount in excess
of f2,000 in m&ldng the downpayment.
(b) ElilP'bilit)' 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 owner-occupant of the
dwelling, the payment made under paragraph 6104(a) (2) shall not
exceed the amount of payment to which tfie person would be eligible
under section 6102.
'-'
. .
\.
TITLE 25
HOUSING AND COMMUNITY DEVELOPMENT
PROGRAMS
665
~
(Reg.... 77. No. t-z.'''T71
(3) Whenever a ~yment under subsection (a) (2) is sought the
displaced person shall within one year from the date of displacemen t
purchase and occupy a replacement dwelling.
(c) The provisions in subsection 6102(b) for modifying the condi-
tions of eligibility also apply to this section.
(d) Computation of Payment.
(1) Rentals. The amount of.payment necessary to lease or rent
a comparable replacement dwelling, under subsection (a) (1), shall
be computed by subtracting 4B times the base monthly rental of the
4isPlaced person (as determined in accordance with this subsection) ,
from 4B times the monthly rental for a comparable replacement
dwelling (as determined in accordance with this subsection): Pro-
vided, that in no case may such amount exceed the difference
between 4B times the base monthly rental as detennined in accord-
,anee with this subsection and 4B 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
215 percent of the displaCed person's average monthly income. (See
sutisection 6008 (1) .) Where the displaced penon was the owner of
the dwelling from which he was displaced or was not required to
pay rent for that dweWn2, the economic rent (see subsection
S)()8(h)) shall be used in lieu of the average monthly rental to
calculate base monthly rental.
(B) Comparable Rental. The monthly rental for a compara-
ble replacement dwelling shall be the amount of rent detennined
by the public entity by one of the methods described in paragraph
6102(c) (1), considering rental charges instead of listing price or
acquisition cost.
(C) Whichever method is lelected the cost shall be updated to
within three months of the date of rental of the replacement dwell.
ing.
(I) Downpayment. The down~yment for which a payment
lpe!:ified under paragraph (a) (I) 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 expenaes incident to the purchase of a replacement
dwelling computed in accordance with Section 6102. The full amount
of a downpayment under this section shall be applied to the purchase
of the replacement dwelling and shall be shown on the closing state-
ment or other document acceptable to the public entity,
(e) Rental Payments for Displaced Ownen and Dependents.
(1) Ownen. A displaced owner who elects to rent rather than
purchase a replacement dwelling and who meets the eligibility condi-
tions specified in subsection (b) is eligible for the payment specified
in paragraph (a) (1).
.........,
\.
666
HOUSING AND CoMMUNITY DEVELOPMENT TITLE 25
I"...at.r n. No. ~2.'..n)
'--
(2) Dependents. A dependent who is residing separate and
apart from the person or family providing support, whether such
separate residence is permanent or temporary, shall be entitled to
pa.yment under this section, but such payment shall be limited to the
period during which the displaced dependent resides in the replace-
ment dwelling. At the time the displaced dependent vacates that
dwelling, no further payment under lhis 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 of his income in the
form of gifts from any private person or any academic scholarship or
stipend.'l'ull-time students shall be presumed to be dependents but
may rebut this presumption by demonstrating that fifty percent OT
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 specifically provided otherwise,
the public entity shall have the authority to disburse payments under
this section in a lump sum, monthly or at other intervals acceptable to
the displaced person.
6106. Proration of Payments. For the purpose of calculating an
alternate payment under section 6098 or a replacement housing pay-
ment under section 6102 or 6104, two or more individuals (whether
they are members of one family or not) living together in and displaced
from a single dwelling shall be regarded as one person,
Where a tenant is sharing a single-family dwelling with an owner-
occupant and paying the owner-occupant 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 is entitled or accept a prorated amount.
History; I. Amendment filed 11-5-76 as an emergency; de~ignated effective \1.27.76
(Register 76, No, 44)
2, Certificate of Compliance filed 2-16-77 (Register 77, No, 81
6108. Condition of Replacement Dwelling. (a) When a dis-
placed person qualifies for a replacement housing payment (under
section 6102 or 6104) by purchasing or renting a replacement dwelling,
the unit, as a general rule, must be decent, safe and sanitary. There are
three exceptions. One is described in paragraph 6040 (a) (6). The others
are:
(1) If the purchase of such a dwelling is the result of the public
entity's failure to identify a reasonable number of comparable re-
placement dwellings as required or if the dwelling is one to which the
person was referred by the public entity, the condition of the dwell-
ing does not affect eligibility for a replacement housing payment.
.......,
.'
\..,
'-'
TITLE 25 RELOCA nON AsSISTANCE AND REAL
PROPERTY ACQUlsmON GUIDELINES
(R..Ia.. 71. No. _.....711
(2) If the purchase of such a dwelling is not the result of a public
entity's referral or failure to refer, the otherwise eligible person quali-
fies for a repJacement housing payment if the unit is brought into
compliance with the decent, safe and sanitary standard. In diis situa-
tion payment shall be limited to the amount that would be provided
in connection with the purchase of a similar, compatable 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 Elip'bility, Upon request by a displaced
homeowner or tenant who has not yet purchased and occupied a re-
placement dwelling, but who is otherwise 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
homeowner or tenant will be eligible for the payment of a specific sum
if he purchases and occupies a dwelling within the time limits pre-
scribee!.
6112. Mobile Homes. (a) General. A mobile home is a dwell-
ing. (SeP. subsection 6008(g).) A person displaced from a mobile home
mwt satisfy the same eligiliility requirements and must be provided the
same assistance, assurance ane! 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 com~nsated for moving expenses in
accordance with sections 6090 and 6092. The provisions of these sections
which generally apply only to businesses ane! farms shall also apply to
displaced persons who move a mobile home.
(c) Replacement Rouline Payments. (1) A person who owns a
mobile home and site and as a replacement purctiases both a dwelling
and site shall be provided a repl8cement housing pa~ent in accord-
ance with section 6102. A person who owns a mobile home and site,
and as a replacement rents both a dwelling and site, shall be provided
a payment in accordance with section 6104.
(2) A person who rents a mobile home and site, and as a replace-
ment rents or purchases a dwelling and site, shall be provie!ed a
payment in accordance with section 6104.
(3) A person who owns a mobile home and site, and as a replace-
ment purchases a dwelling and rents a site, shall be provided a pay-
ment in accordance with sections 6102 and 6104. The payment shall
be limited to the lesser of: .
(A) The amount necessary to purchase a conventional compara-
ble replacement dwelling; and
(B) The amount necessary to purchase a replacement mobile
home (in accordance with section 6102) plus the amount necessary
to rent a _r-eplacement site (in accordance with section 6104). In
calculating this amount. the economic rent for the site shall be used
in lieu of average monthly rental to determine the base monthly
rental (as provie!ed in paragraph 6104 (d) (1)).
fR1
.......
\..,
668
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 2S
(........ 71. No. _,...."1
~
(.) A person who owns a site from which he moves a mobile home
shall be provided a replacement housing payment under section 6102
if he purchases a replacement site and under section 6100f 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, rent or make a downpayment on a replacement site (in
accordance with section 61(4); or
(C) If he elects to rent a replacement mobile home and site, the
amount required to do so in accordance with section 6100f. 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.
611.. Affected Property. (a) In addition to the payments re-
quired by Section 7262 of the Act (see sections 6090, 6092, 6094, 6096,
6098 and 6100), as a cost of acquisition, the public entity shall make a
payment to any affected property owner meeting the requirements of
this section.
(b) Such affected property is immediately contiguous to property
acquired for airport purposes and the owner shall have owned the
property affected by acquisition by the public entity not less than 180
days prior to the initiation of negotiation for acquisition of the acquired
property.
(c) Such payment, not to exceed fifteen thouWld dollars ($15,000).
shall be the amount, if any, which eq~als 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
proper!)' and a change in the use of such property.
(d) The amount, if any, of actual decline in fair market value of
affected pro~rty shall be determined according to rules and regula-
tions adopted by the public entity. Such rules and regulations shall limit
pannent under this section only to such circumstances in which the '
decline in fair market value of affected property is reasonably related
to objective physical chanle in the use of acquired property.
(e) "Affected property means any real property which actually
declines in fair market value because of acquisition by a public entity
for public use of other real property and a cfiange in the use of the real
property acquired by the public entity.
.. ...
\..,
'--
TITLE is RELOCATION AssiSTANCE AND REAL 669
PROPERTY ACQUISITION GUIDEUNES
(....... 71. Ne. _...."1
Article.c. Last Resort Housing
6110. Purpose. The purpose of this part is to set forth the crite-
ria and procedures for assuring that if the action of a public entity
results, or will result in ~lacement, and comparable replacement
housing will not be available as needed, the public entity shall use its
funds or funds authorized for the project to provide such housing.
6122. Determination of Need for Lut Resort Houling. If on the
basis of data derived from surveys and analyses which satisfy the re-
quirements of sections 6048 and 6052, the public entity is unable to
demonstrate that comparable replacement tiousing will be available as
r~uired, the head of the public entity shall determine whether to use
the public entity's funds or the funds authorized for the project to
provide such necessary replacement housing or to modify, suspend or
, terminate the project or undertaking.
6114. Development or Replacement Houling Plan. (a) General.
(1) Following the determinati~n_P'='nuant to section 6122, the head
of the disp~ puolic entity ahalJ develop or cause to be developed
a reolacement IioUsing plan to produce a sufficient number of compa-
rabfe replacement dwellings. The plan shall ~ify 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
ap~ropriate, the suitability of the location and environmental impact
of the proposed housing, the arrangements for maintaining rent lev-
els appropriate for the persons to be rehoused, and the disposition of
proceeds from rental, we, or resale of such housing. If a referendum
requirement or zoning presents an obstacle, the issue shall be ad.
dressed. ,
(2) All contracts and subcontracts for the construction, rehabilita-
tion or management of last resort housing shall be let without dis-
,crimination as to race. leX, marital Itatus, color, religion, national
origin. ancestry or other IrDitrary circumstance and pursuant to an
affirmative action program. The public entity shall encourage partici-
~tion by minority persons in all levels of construction: rehabilitation.
~lanning, financing and management of last resort nousing. When
the housing will be located in an area of minority concentration, the
public entity shall seek to secure significant participation of minori-
ties in these activities. The public entity shill require that, to the
greatest extent feasible. opportunities for training and employment
arising in connection with the planning, construction, rehabilitation,
and operation or last resort housing be given to persons of low income
residing in the area of such housing and shall determine and imple-
ment means to secure the participation of small businesses in the
performance of contracts for such work.
....
\.r
~
HOUSING AND CoMMUNITY DEVELOPMENT TITLE 25
(Reg.... 71. No. _'...."1
(b) Citizen Participation. (1) If the need for last resort housing
exceeds 2S units, the head of the displacing public entity shall esta~
lish a committee which will consult with and provide advice and
assistance to the displacing public entity in the development of the
~!an. The committee should include appointed representatives of the
displacing entity and state and local agencies knowledgeable regard-
ing housing in the area, including but not limited to the local housing
.authority and the central relocation agencYl if any. In addition, the
committee should include representatives 01 other appropriate pub.
Iic groups (for example, local and areawide planning agencies) and
private groups knowledgeable regarding housing and the problems
of housing discrimination.
(2), The committee shall include representatives of the residents
. to be displaced. These representatives may be appointed by the dis-
placing entity or elected by the residents, as the residents wish. Resi.
(lent representatives shall, at a minimum, constitute one-third of the
committee membership. Votes shall be allocated so that the total
votes of resident representatives shall equal one-half of the total votes
of the committee membership.
(3) The plan must be approved by the vote of a simple majority
of the committee membership. In the event the committee fails to
approve the plan, the local governing body or, where the displacing
entity is a state agency, the head of the state agency may substitute
its approval.
(c) Consultation with Other HouRns Asencies and Orpnizations.
The head of the ~lacing public entity may consult or contract with
the department, a local housing authority, or other agency or organiza-
tion having experience in the administration or conduct of housing
programs to provide technical assistance and advice in the develop-
ment of the replacement housing plan.
6116. Submiaion of Plan for Comment. The head of the dis-
placing public entity shall submit the plan and all significant amend-
ments to the department and local housing and pl~ agencies for
comment and to assure that the plan accurately reflects tiousing condi-
tions and needs in the relocation area. Reviewing agencies shan have
30 calendar days following receipt of th~ plan to prepare their com-
ments. Copies of all comments received shall be forwarded to the com.
mittee and available to all interested persons.
General notice of the plan shall be provided. Notice shall be desiped
to reach the residents of the relocation area; it shall be in accordance
with the provisions of paragraph 8046(a) (3) and subsection 8046(b);
and it shall be provided 30 days prior to submission to the committee,
or the local governing body or tiead of state agency for approval.
6128. Determination by Dilplacinl Public Entity of Feasibility and
Compliance. Upon receipt and consideration of the comments, the
displacing public entity shaIl determine whether or not:
(a) The plan is feasible.
(b) The plan complies with applicable environmental standards and
procedures., --
670
.... ...
>>
J
)
)
'-'
\....,
TITLE IS RELocATION AssISTANCE AND REAL 671
PROPERTY ACQUISmON GUmEUNES
(....... .. 11Io. -...t
(c) The plan is compatible with the local general plan and housing
element anCl the areawide housing plan or strategy.
If any of the above determinations by the displacing public entity is
negative the ~lacing public entity shall revise the plan as necessary.
Substantial modifications in the plan shall be submitted for review and
comment as provided in section 6126. If necessary for timely implemen-
tation of the plan or execution of the p_roject, the head of the displacing
public entity may shorten the time allowed in section 6126 for review
Of modifications.
6130. Implementation of the Replacement Housi... Plan. U~n
ma1dna the Cleterminations r~uired by section 6128, the head of the
disp1aClng entity may e~nd funds and talce such other actions as
necessary to provide. reliabilitate. or construct replacement housing
punuant to tIie approved replacement housing pIan 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
ho~rect constr~ction b~ displacing~bliC entity.
Whenever practicab~e" the head of the . lacing public entity should
utilize the lel'vices of feaeral. state, or I housing agencies, or other
..encies having experience in the administration or conduct of similar
housing programs.
6131. HOUIiDI Production. The head of the ~Iacing 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 administe~ programs resulting in residental displacement, op-
portunities shall be so~t for joint development and financing to ag-
sreg~te resources in oider most efficiently to provide replacement
housing in sufficient quantity to satisfy the aggregate neeas of such
programs.
6136. LIlt Resort HoUlina In lJeu of Payments. A public entity
shall not require a ~laced person to accept a dwelling provided
punuant to this Article in lieu of the displaCed person's acquisition
payment. if any, for the reaJ property from which he is displaceCl or the
relocation payments for which be may be eligible.
6138. Conformity with the Act and Other Statutes, Policies and
Procedures. (a) Civil Richb and Other Acts. The administration
of this Article sh8ll be in accord with the provisions of the Unruh Civil
Riabts Act ~vil Code. Sections 51 et 1eQ.), the Rumford Act (Health
ana Safety e Section 35700 et leg.) . 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
U"O (Public Resources Code, Section 21100 et seq.) ana regulations
issued pursuant thereto.
.... ......
\.,
672
HOUSINC AND CO....UNITY DEVELOPMENT TITLE 2S
c........ It. No. _...711
(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 provided thereun-
der shall be in conformity with the standards establIshed in the Act and
Guidelines.
~
Article 5. Grievance .Procedures
61SO. 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
~rsons aggrieved by a public entity's failure to refer them to com~ra-
ble permanent or adequate temporary replacement housing. Public
entities shal1 establish procedures to implement the provisions of this
Article.
6152. Risht of Review. (a) Any complainant, that is any person
who believes himself aggrieved by a determination as to eligibility, the
amount of payment, the failure of the public entity to provide compara-
ble permanent or adequate temporary replacement housing or the
public entity's property management practices may, at his election,
have his claim reviewed and reconsidered by the head of the public
entity or an authorized designee (other than the person who made the
determination in question) in accordance with the procedures set forth
in this article, as supplemented by the procedures t6e public entity shall
establish for such review and reconsideration.
(b) A person or organization directly affected by the relocation plan
may petition the department to review the final relocation plan of a
pu&lic entity to determine if the plan is in compliance with state laws
and guidelines or review the implementation of a relocation plan to
determine if the public entity is acting in compliance with its relocation
plan. Review undertaken by the department under this section may be
mformal 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 stition the department shall not limit a complainant's
right to seek udicial review.
(c) If a re ocation ap~als board has been established pursuant to
Section 33417.5 of the Health and Safety Code, a city by ordinance may
designate the board to hear appeals from local public entities which do
not have an appeal process. In the absence of such an ordinance, public
entities shall establish procedures to implement the provisions of this
Article.
6154. Notification to Complainant. If the public entity denies or
refuses to consider a claim, th,e 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
Enltlish in accordance with section 6046.
...........,
~
~
TITLE 15 RELOCAnON AssISTANCE AND REAL 673
PROPERTY ACQUISITION GUIDEIJNES
(........ .... No. ___"I
6156. Stales of Review by a Public Entity. (a) Request for Fur-
ther Written Information. A complainant may request the public
entity to provide him with a full written explanation of its determina-
tion and the buia therefore, if he feels that the explanation accompany-
ing the payment of the claim or notice of the entity's determination was
incorrect or inadequate. The public entity shall provide such an expla-
nation to the complainant within three weeks of its receipt of his re-
quest.
(b) Informal Oral Presentation. A complainant may request an
informal oral presentation before seeking forlnal review and reconsid-
eration. A r~uest for an informal oral presentation shall be filed within
the period described in subsection (d) ofthis section, and within 15 days
of tfie request the public entity shall afford the complainant the oppor-
tunity to lnake such presentation. The complainant may be represented
by an attorney or other penon of his choosing. This oral presentation
shall enable the complainant to discuss the clum 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 detennination on
the claim. The public entity shall make a summary of the matters
discussed in the oral presentation to be included as part of its file. The
right to formal review and reconsideration shall not be conditioned
upon requesting an oral presentation.
(c) Written Request for Review and Reconsideration. At any
time within the period described in subsection (d) a complainant may
file a written request for fonnal review and reconsideration. The com-
plainant may include in the r~uest for review any statement of fact
within the complainant's knOwaed e or belief or other material which
may have a bearing on the ap . If the complainant requests more
time to gather and prepare ditional materi8l for consiCleration or
review and demonstrates a reasonable basis therefor, the complainant's
request should be granted.
(d) Time Umit for Requestinc Review. A complainant desiring
either an informal oral presentation or seeking a fonnal review and
reconsiderution shall make a r~uest to the pu6!ic entity within eight-
een months following the date he moves from the pro~rty or the date
he receives final compensation for the property, whichever is later.
8158. Formal Review and Reconsideration by the Public Entity.
(a) General. The public entity shall consider the r~uest for re-
view and shall decide whether a mOdification of its initial determination
is necessary. This review shall be conducted b~~e head of the public
entity or an authorized, im~ designee. (The designee may be a
committee). A designee shUl have the authority to revise the initial
determination or ttie determination of a previous oral presentation.
The p'ublic ~tity shall consider every aggrieved person's complaint
regardless of fonn, and shall, if necessary provide assistance to the
claimant in prepaJ:ing the written claim. When a claimant seeks review,
the public entity shall inform him that he hu the right to. be represent-
ed t)y an attorne)" to present his case by oral or documentary evidence.
to submit rebutt~ 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.
.., .....,
~
~
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
(R..la.., 71. No. _'''''1
(b) Scope of Review. The public entity shall review and recon-
sider its initial determination of the claimant's case in light of:
(1) All material upon which the public agency based its original
determination including all applical:ile 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 written or relevant documentary material sub-
mitted by the claimant.
(4) Any further information which the public entity in its discre-
tion, obtains by request, investigation, or research, to ensure fair and
full review of the claim.
(c) Determination on Review by PuLlie Entity. (1) The deter-
mination on review by the public entity shall include, but is not
limited to:
(A) The public entity's decision on reconsideration of the claim.
(B) The factual and legal basis upon which the decision rests,
including any pertinent explanation or rationale.
(C) A statement to the claimant of the right to further adminis-
trative appeal, if the public entity has such an appeal structure, or
if not, a statement to the claimant that administrative remedies
have been exhausted and judicial review may be sought.
(2) The determination shall be in writing with a copy provided to
the 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 consideration by the claim-
ant or the date of the hearing, whichever is later.
(2) In the case of complaints dismissed for untimeliness or for any
other reason not based on the merits of the claim, the public entity
shall furnish a written statement to the claimant stating the reason
for the dismissal of the claim as soon as possible but no later than 2
weeks from receipt of the last material submitted by the claimant or
the date of the hearing, whichever is later.
6160. Refusals to Waive Time Limitation. Whenever a public
entity rejects a request by a claimant for a waiver of the time limits
provided in section 6088, a claimant may file a written request for
review of this decision in accordance with the procedures set forth in
sections 6156 and 6158, except that such written request for review shall
be filed within 90 da)'s 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.
674
'.... .......
~
TITLE 25 RELOCATION AssiSTANCE AND REAL
PROPERTY ACQUISITION GUIDEUNES
(Regia" 71. No. _...."1
61&&. Recommendations by Third Party. Upon agreement
between the claimant and the public entity, a mutually acceptable third
party or parties may review the claim and make advisory recommenda-
tions thereon to the head of the public entity for its final determination.
In reviewing the claim and making recommendations to the public
entity, the third party or parties shall be guided by the provisions of this
Article.
6166. Review of Files by Claimant. Except to the extent the
confidentiality of material is pr~tected by law or its disclosure is prohib-
ited by law, a public entity shall permit the claimant to ~t an files
and records bearing upon his claim or the prosecution of the claimant's
pievance. If a claimant is improperly denied access to any relevant
material bearing on the claim, such material may not be relied upon in
reviewing the initial determination.
6168. Effect of Determination on Other Penons. The principles
established in all determinations by a public entity shall be considered
as precedent for all f.ligible persons in similar situations regardless of
whether or not a person has filed a written request for review. All
written determinations shall be kept on file and available for public
review.
675
~
6170. Ri8ht to Counsel. Any aggrieved party has a right to rep-
resentation DY legal or other counsel at his expense at any ana all stages
of the proceedings set forth in these sections.
6172. Stay of Displacement Pendin. 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 entitr shall notify the complainant in
writing 20 days prior to the proposed new date of displacement.
6174. Joint Complainanb. Where more than one person is ag-
grieved by the failure of the public entity to refer them to comparable
permanent or adequate temporary replacement housing the complain-
ants may join in filing a single written request for review. A determina-
tion shall be made tiy the public entity for each of the complainants.
6176. Judicial Review. Nothing in this Article sha1l in any way
preclude or limit a claimant from seeking judicial review of a claim
upon exhaustion of such administrative remedies as are available under
tliis Article.
Article 6. Acquisition Policies
6180. Purpose. The purpose of this Article is to set forth the
practices to be followed with res~t to acquisition of real property by
a public entity. Public entities sKall, to the greatest extent practicable,
be pided by these practices.
6182. Acquisition. (a) A public entity shall make every reason-
able effort to acquire property by negotiation and to do so expeditious-
ly. ,
24-80919
~
\.,
\...,
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 2S
C........ 71. No. .........711
(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 I by reasonable ad-
vance written notice. to accompany the appraiser during the
inspection of the property;
(2) If the owner of real property is also the owner of a business
conducted on the real property to be acquired or on the remainder,
inform him of his possible riRht 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 com~nsation for 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 pro~rty 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 dependability, skill or quality, and
any other circumstances resulting in probable retention of old or
acquisition of new patronage.
(d) As lOOn u possible after the amount of just compensation is
established, the public entity shall offer to ~uire the property for the
full amount so established and shall provide the owner with a written
statement of the basis for determination of just compensation. The
statement shall include the following:
(1) A general statement of the public use for which the property
is to be acquired.
(2) A descrip~ion 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\'E'ments.
(4) A recital of the amount of the offer and a statement that such
amount:
, (A) Is the full amount believed by the public entity to be just
compensation for the property taken;
(8) Is not less than the approved appraisal of the fair market
\'alue of the property as improved;
676
~
~
~
TITLE 15 RELOCATION AssiSTANCE AND REAL m
PROPERTY ACQUUmON GUIDEUNES
C........ JI. .... _"'711
(C) Disregards any decrease or increase in the fair market value
of the real pro~rty to be acquired prior to the date of valuation
caused by the public improvement for which the pro~rty is to be
a~uired for such public improvement, other than that due to
physical deterioration within the reasonable control of the owner
or occupant; and
(D) Does not reflect any consideration of or allowance for any
relocation assistance and payments or other benefits which the
owner is entitled to receive under an agreement with the public
entity, except for an amount to compensate the owner fOr that
portion of lOa of loodwiB provided in accordance with Section
6100.
(5) If the real property is a portion of a larger parcel, the statement
shall include an ~portionment of the total estimated just compensa-
tion for the ~ acquisition between the value cif 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 pro~rty to be acquired is also the
owner ofa business conducted upon the property or the remainder,
the statement shall include an indication of tile amount of compensa-
tion for loss of goodwill.
(e) At the initiation ofnegotiations (see subsection 6008(n)) a public
entity shall provide written notification to the owner of a business
conducted on the real p~rty to be acquired or on the remainder,
who is not also the owner or the real pro~rty' concerning his possible
right to compensation for loss of goOdWill. The public entity should
include a cop)" of the ~rtinent ~rovisions of the Eminent Domain Law
(Code of CiVil ProceClure, Section 1230.010 et seq.).
(f) (1) If after receiving the public entity's offer the owner requests
additional information rqarding the determination of just compen-
sation, the public entity stWl provide the following information to the
extent that the determination of just compensation is based thereon:
(A) The date of valuation used.
(B) The highest and best use of the property.
(C) The ~"plicable zoning. (0) Identification of IOme of the sales, contracts to sell and
purchase, and leases supporting the determination of value.
(E) If the pro~rty is a ~rtion 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
thepu:ties to the transaction.
(B) The location of the property subject to the transaction.
(C) The date of transaction.
'-"""
. .
~
-...
678 HOUSINC AND CO....UNITY DEVELOPMENT TITLE 15
C....... 11. No. _"'''1
(0) The price and other significant terms and circumstances of
the transaction, if known. In lieu of stating the other terms and
circumstances, the public entity may, if the document is available
for inspection, state the place where and the times when it is
available for inspection.
(3) The requirements of this subsection do not apply to requests
made after an eminent domain proceedinl is commenced.
(I) Whenever. ~ of a parcel of property is to be lCquired b)' a
public entity for public \lie IIld the ienWnder, or a portion of the
remainder, Will be left in such aze, shape or condition u to constitute
III uneconomic ...........t the public entity IbaU oR'er to ~uire the
remnant if the owner 10 desires. For the p~ o( these Guidelines
an "uneconomic remnant" shall be a parcel o( real pro~ in which
the owner retains an interest after ~ acquisition Of hiS property
and which has little or no utility or Value to IUeh owner. (Nothing in
this subsection is intended to limit a public entity', authority to acquire
real rroperty.)
(h Nothing in this section shall be construed to deprive a tenant of
the right to olitain payment for his property interest u otherwise pro-
vided by law.
(i) (1) Prior to commencement of an eminent domain proceeding
the public entity sha1I make reasonable efforts to diIcuSs with the
owner its offer to purchase the owner's real property.11le owner shall
be given a reasonable opportunity to present material which he be.
lieves to be relevant as to the question or value and to SUUest modifi.
cation in the prooosed terms and conditions of the purehue,and the
public entity sIulll carefully consider the owner', presentation.
(2) Prior to commencement of an eminent domain proceeding, if
the evidence presented by an owner or a material change in the
character or cOndition of ~ property indicates the aeed for a new
appraisal or if a lipUficant delay bas Oceurredlince the determina.
tlon of just eom~....tion, the ~ entity shall have ib ~l
updated. If a moC:lification in the public entity', determination or just
compensation is warranted, an appropriate price atijustment shall be
made and the new amount determined to be just compe....tion shall
be promptly offered in writinl to the owner.
(j) (1) In no event shall the public entity either advance the time
of condemnation, or defer negotiations or condemnation on the
deposit of funds in court (or the use of the owner, or take any other
action coercive or misleading in nature, in order to compel or induce
an agreement on the price to be paid for the property.
(2) If any interf!St in property is to be acquired by exercise of the
power of eminent domain, the public enti~ shall prQmj)tly institute
formal condemnation proceedings. No public entity shall intentional-
ly make it necessary for an owner to institute lelal proceedings to
prove the fact of the taking of this real property.
~
~
1TI'LE 15
c........ 77. .... ......T7l
HOUSING AND CoMMUNITY DEvELoPMENT
PRooRAMS
619
~
6184. Notice of Decision to Appraise. The public entity shall
~Yide the owner with written notice of its decision to appraise the
' ..... property U lOOn u paaib1e after the decision to appraise hu been
reachec[ The notice alIllate, u a minimum, that:
(a) A speciftc area is being considered for a ~cular public use;
(b) The owner', property hu been detennined tobe,located within
the area; and
(c) The owner', property, which shall be generally described, may
be acquired in connection with the public use.
Ill&. Time of Offer. Tbe ~bJjc entity IhaU make its first writ-
.. o8'er U lOOn U ~e foIIowm,18I'Vice of the Notice of Oed-
110ft to AppraUe. ( leCtion 6184.)
1188. Notice or LIncI Acq.....tion Procedures. (a) At the time
the public eotity DOtiftea an owner of its c:IeciIion to appraise real prop-
erty it shall furDiIb the owner a written eZD1anation of its land acqu-
tioD DrOCec:lurea. deIcri~ in non-technical. undentuulable terms the
public :r.t" icquilltion proeedures and the principal rights and op-
Ibu . Ie to the owner.
(b) The notice shall include the following:
(1) A delcription of the basic objective of the public entity's land
acquisition program and a reference to the availaDili~ of the public
eotity'lltatement cov~ relocation benefits for which an owner-
oceu~t may be e1Udblei
(2) A statement tliat the owner or his repreIeIltative designated
in writiq abaU be liven the ~tunity to accompany each apprais-
. durinl hia inIpectioD of the property.
(3) A statement that it the acquisition of any part of real pro~rty
woUld _ve the owner with an uneconomic remnant u defined in
IUbIection 6181(a) the public entity will offer to acquire the unec0-
nomic renmant; 11 the owner 10 desiresi
(4) A statement that it the owner is not .tilRed with the public
eotity'. ofFer of Just compensation he will be given a reasonable o~
~ty to preleDt relevut material, which the public entity will
Carefully consider, IDd that it a voIuntan' agreement cannot be
reached the public entity, U lOOn u ~ble, WtU either institute a
formal concleinnation ~ againIt the pro~ or abandon its
iDtention to acquire tM property, giving notice Of the latter u pro-
vided in section 6190.
(5) A statement that construction or development of a project
shall be 10 scheduled that no penon lawfully occupying real property
shaU be required to move &Om a dwelling (aauming a replacement
dwelling u required by these Guidelines Will be available) or to move
his buIiii_ or farm ~ without at leut 90 days written notice
&om the public entity of the date by which the move is required; and
(6) A statement that, it arrangements are made to rent the prop-
erty to an owner or his tenant for a short tenn or for a period subject
to termination by the ~blic entity on short notice, the rental wiD not
exceed the ., of the fur rental value of the property to short term
occupier or the pro rata portion of the fur rental value for a typical
rental period.
U the owner or tenant is an occupant of a dwellins, the rental for
the dwelling shall be within his financial means. (See subsection
8008 (c) .)
~
. .
\..
'-w
HOUSINC AND CoMMUNITY DEVELOPMENT TITLE 25
C....... 77. No. ........771
6190. Notice of Public Entity's Decision Not to Acquire. When-
ever a public entity which has forwarded a Notice of Decision to Ap-
praise or has made a firm offer subsequently decides not to acquire tile
property, the public entity shall serve a notice in writing on the owner,
an ~ occupying the property and all other persons potentially
eligible for relocation .P8~ents and assistance. This notice shall state
that the public entity hu decided not to a~uire the property. It shall
be served not later than 10 days follOwing the date of the public entity
decision not to acquire.
6192. Incidental Expenses. If the real property is acquired by
purchase, the public entity shall pay all reasonable expenses incident to
transfer. Among the expenses requiring payment are: recording fees,
transfer fees anCl similar expenses incident to the conveyance of real
property, and the pro rata portion of charges for public service such as
water, sewage and truh collection which are allowable to a period
.u~uent to the date of transfer of title to the public entity or the
effective date of possession of such property by the public entity, which-
ever is earlier. The public entity shaD inform the owner that he may
apply for a rebate of the pro rata portion of any real property taxes paid.
Hi8IrJry: 1. Amendment flied 11~16 U 11II emerpncy; ......ted effeettve 11.17-76
CReptet 78, No. 44).
I. Certifkoate of Compliance Rled 1-16-'" (RePter '". No.8).
6UM. Short Term Rental. (a) If the public pennib an owner or
tenant to occupy the real ~rperty acquired on a rental basis for a
short-term or fOr a period subject to termination by the public entity
on short notice, the amount of rent required .haIl 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.
IE the owner or tenant it an occu~t of a dwelling~ rental for the
dwellina shall be within his financial means. (See au tion 8)08 (c) .)
(b) A ~-acquisition tenant who occupies real property acquired
on a rentil basi. for a short term and who it informed that the pro~rty
has been acquired for a ~blic use shall be given not less than 30 days
notice of termination of the tenancy.
1IbIwy: 1. Amendment ollUbaection (b) Rled 11~18 U 11II emerpllcy; delipated
elfecttve 11-17.18 CRepter Tt, No. 44).
I. CertiReate ol Compliance flied 1-16-," (Repter n. No.8).
6195. Public Information. The ~hue price and other consid-
....tion pmd by the public entity it public information and shall be made
aVli1able upon request.
6196. Service of Notice. Service of all notices required by this
article shall be made either by flnt class mail or by penonallervice
upon the penon to be notified.
6198. Nonpoaeaory Interest Ex~p~n. The provisions of
6182 (b) , (c), (d) (4), and (f) and 6188 shall not apply to the acquisition
of any easement, right-of-way, covenant or other non-possessory inter.
est in real property to be acquired for the construction. reconstruction,
alteration, enlargement, maintenance, renewal, re~ir or replacement
of sub-surface sewers, waterlines or appurtenance, drains, septic tanks,
or storm water drains.
680
~
\.
TITLE 25
HOUSINC AND CO....UNITY DEVELOP"ENT
PROCRAMS
681
c........ 77. .... ~""T7I
\...
A............' A
Mlnlmuln eon... of InfonMdoMI ._'Cal
FOT Diltribution
To
BusiIwss
DUp/IIced ~rns
ItmI To Be IncIud<<I Penons Md 0tbMs
I. General deltription 01 the nature and types 01 ectivities that X X
wiD be undertaken. includini an identiftcation 01 ;areas which
may involve dilplacement. A clilirammatie sketch 01 the
project area should be attliChed.
I. Statement that publk action may result in dilplaeement but X X
that no one lawfully occuPyilll property wiD be required to
surrender poaeaion without at least 90 days' written notice
rrom the public entity and no one will be required to move
until 90 days after the provision of information.
3. Assurance that families and individuals wiD not be required to X
move berore reuonabIe offen 01 decent. ..re, sanitary and
otherwile comparable housina within their finandal means
have been made. eaeept for the caUlel let forth in the local
.,eney's eviction policy (which shall be in ac:c:ordanee with
sedion as.)
4. General description 01 types 01 relocation payments available. X X
includilll pneral elilibility criteria and a caution .._inst pre-
mature moves that milht result in loa 01 eIilibility for a pay-
ment.
S. Identification 01 the .,eney's relocation pI'OII'Am and a de- X X
ICription 01 the relocation IerYiees and aids that will be avail-
able.
6. Encourapment to viIlt the .,.ncy's relocation office and X X
cooperate with the staff. n.e address. telephone number, and
houn of the relocation oIIiee should be specified.
7. Information on replacement housin" including:
a. Brief clelcription 01 what eonstitutes comparable replace- X
ment housint. including physiealltandards.
b. Laymen's deleription 01 Federal fair housinllaw (Title X
VIII or Civil Rights Act or 1188). and applicable State and
local fair housinllaws, u well u riJhts under Title IV of the
Civil Rights Act of I".
c. Statement that the public entity (or its ..ent) wiD identify X
comparable replaeement dwellinp within the financial
means 01 and otherwise available to diaplaeed persons and
will provide assistance to penons in obtaininl housinI of
their choice. including assistance in the referral of com-
plaints of clilerimlnation to the appropriate Federal. State
or local fair housin, enforcement .,ency.
d. Statement that penons may seek their own housinl ac:c:om- X
modations and urlinl them, if they do so, tn notify the
relocation office prior to makin, a commitment to pur.
chase or occupy the property.
a. Statement that the public entity will provide maximum assist. X
&nee in Iocatin, relocation ac:eommodations. includilll consul.
tation with the Small Business Administration and other
govemmental.,endes which might be of assistanee.
~
\r
-
HOUUNC AND CoIeR1Nrn DIYEI..oNENT TITLE 15
11I..'... 77. .... 1-,...",
A.........l*~t A
.......... ~ '" Ill............. ....!flute.1
For IMtribution
To
~
~~ms
".", To /Ir IncIutJftJ I'Pnons .m OtMTS
., StMemeftt 4eK.... ............. rer prior ~ to X
the ..-ncy 01 tile ....... ClClIICtII'D'. iIItentioII .. 11IOYe.
10. Summary 01 the local apney'. eYIetion pehey, wh6ch...1 be X X
in ~ with the pnwIMIu 0I..etiaa ..
II. Statement 4eac:rtbina the IIIIIIC)". pieow... pIIOCledI..... its X X
pwpaae, .... how it ma, be ..... ..... .......... .... Ite
iA IIlX'GI'daaee with the proviI6onI 01 Article I.
~
~