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HomeMy WebLinkAboutRES 1993-22 - Board . Esoc r�Tanr NQ. 3zz .. . O THE TRU KE DL?1U11fER Pu /C TIL/TY DISTR/�T ADCIPT/N REL(3�'A TIOIV'AND I4E�4L P,10�'ERT ACQUISITION GU/DEL/IIfES WHEREAS, the California Uniform Relocation Act, Government Code Section 7260 et seq. (the "State Act"), and the Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000 et seq. (the "State Guidelines") adopted pursuant thereto, require public agencies to adopt rules and regulations that implement the requirements of the Act and which are in accordance with the provisions of the State Guidelines prior to undertaking or participating in the activity which will result in the displacement of persons; and WHEREAS, the United States Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq. (the "Federal Act"), and the Relocation and Real Property Acquisition Rules and Regulations, 49 CFR Part 24 (the "Federal Guidelines") adopted pursuant thereto, require public agencies to follow its procedures when displacing persons from property acquired for federal and federally-assisted projects; and WHEREAS, Section 7267.8 of the California Government Code provides that with respect to federally funded projects,public entities shall provide relocation assistance as required under federal law; and WHEREAS, the Truckee Donner Public Utility District (the "District") wishes to adopt the State Guidelines as the District's rules and regulations to implement the State Act; and WHEREAS, for federal and federally-assisted projects, the District wishes to adopt and follow the Federal Guidelines as the District's rules and regulations to implement the Federal Act NOW, THEREFORE, THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT DOES HEREBY RESOL VE AS FOL L 0 WS: 1. In implementation of the State Act, the District does hereby approve and adopt the Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000 et seq., attached hereto as Exhibit A and by this reference made a part hereof and as may hereafter be amended, as the District's rules and regulations for relocation assistance and real property acquisition. 2. In implementation of the Federal Act, the District does hereby approve and adopt the Federal Guidelines, 49 CFR Part 24, attached hereto as „ Exhibit B and by this reference made a part hereof, and as may hereafter be amended, as the District's rules and regulations for relocation and real property acquisition of federal or federally-assisted projects. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a regular meeting thereof duly called and held in the District on the 5th day of April 1993 by the following roll call vote: A YES: Corbett, Jones, Maass, Sutton and Aguera. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Joe e h . Aguera, Pre&1ent A san M. Craig, Deputy Distr"oi Clerk smc a CALIFORNIA RELOCATION ASSISTANCE AND , .. REAL PROPERTY ACQUISITION GUIDELINES CALIFORNIA ADMiINISTRATIVE CODE, TITLE 25, CHAPTER 6 I 11DEX Page Article 1. General 2 Sections C 6000. Order of Adoption 2 6002. Statement of Purpose and Policy 2 6004. Applicability and Supersedure 2 6006. Regulations 3 6008. Definitions 3 6010. Prior Determinations 6 6012. Citizen Participation 7 60.14. Prerequisite to Displacement 8 6016. Remedies 8 6018. Priority of Federal Law 8 6020. Severabi 1 i ty 8 Article 2. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing 8 Sections 6030. Purpose 8 6032. Relocation Assistance Advisory Program 9 6034. Eligibility 9 6036. Rehabilitation, Demolition, Code ERfor.cement 10 6038. Relocation Plan 10 6040. Minimum Requirements of Re�Ybcation Assistance Advisory Program 11 6042. Replacement Housing Pri oi:.,t©`.-Di s'pl acement; Notices; to Di spl aced - Persons.. _ t ,... - : ' 12 6044. Temporary Move 6046_ 1nformat?ona,T* Program 13 r 6048. Survey arid Aial 's *s of ReTocbtipnr Needs 6e50: Failure til C6ndd Timely and f i •r'�t y E �e c t 1 ve�u rv�,y �� :.�=- 15. 6052. Survey acid Analysis of Available' vai 1 abl e_R_el4cati on Resources .16 6054. Last Resoirt Housrixa 9 17 60 56. ,T2rmi raati on �r :p-e7 oc:ati on Assi stance- 18 6058. , :,Evi ct.i on 18 . 6060. Evaluation of Relocati-on 18 t- Exhibit- -A -1- Page �► 6162. Extension of Time Limits 39 ,. 6164. Recommendations by Third Party 39 6166. Review of Files by Claimant 39 6168. Effect of Determination on Other Persons 39 6170. Right to Counsel 39 6172. Stay of Displacement Pending Review 39 6174. Joint Complainants 40 6176. Judicial Review 40 Article 6. Acquisition Policies 40 Sections 6180. Purpose 40 6182. Acquisition 40 6184 . Notice of Decision to Appraise 43 6186. Time of Offer 43 6188. Notice of Land Acquisition Procedures 43 6190. Notice of Public Entity's Decision Not to Acquire 44 6192. Incidental Expenses 44 6194. Short Term Rental 44 6195. Public Information 44 6196. Service of Notice 44 6198. Nonpossessory Interest Exception 44 -3- FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE 4 ('Yrawont to Governinont Cod* Section 11380.1) (b) Tnese 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 acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these Guidelines. The provisions of these Guidelines, however, shall not be construed retroactively to apply to. action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. For the purpose of this section the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation 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. 6006. Regulations. (a) Each public entity before undertaking or partici- pating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act, are in accor- dance 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 Guidelines. 6008. Definitions. The following terms shall mean: Acquisition. Obtaining ownership or possession of property by lawful means. b) Business. Any lawful activity, except a farm operation, conducted primari ly: (1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, Z commodities, or any other personal property; o (2) For the sale of services to the public; n (3) By a nonprofit organization; or (4) Solely for the purpose of a moving expense payment (see section 6090) , for assisting in the purchase, sale, resale, manufacture, process- ing, or marketing of products, commodities, personal property, or services by the erection and- maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. U Comparable Replacement Dwelling. A dwelling which satisfies 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 accommodate the displaced person. (2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services , and reasonably accessible to the displaced -3- •. .: FOR FILING ADMIrYz,►..•.;IVE Riv,:.:.:1ONS WITH THE SECRETARY OF 57AIL (Pursuant to Government Code Section 11360.1� � (2) Ur.en the term decent, safe and sanitary is interpreted, under -- local , state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this subsection, are incorporated herein. , ) (e� Department. Department of Housing and Community bevelopment. (f� Dis laced Person. Any person who moves from real property, or who moves his personal property from real property, eitherlas a result of the acqui- sition of such real property, in whole or in part, by a public entity or by an person having an agreement with or acting on behalf of a public entity, or s the result of a written order from a public entity to vacate the real property, for public use. This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. (g) Dwelling. The place of permanent or customary and usual abode of a person, including a single-family dwelling, a single-family unit in a two- family dwelling, multi-family or multipurpose dwelling, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses (as provided in section 6090) . Economic Rent. The amount of rent a tenant or homeowner would have Z to pay for a dwelling similar to the acquired dwelling in a comparable area. W (i ) Elderly Household. A household in which the head of household or spouse is 62 years or older. U) Family. Two or more individuals who by blood, marriage, adoption, Z or mutual consent live together as a family unit. g (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 contributing materially to the operator's support. (1 ) Gross Income. Gross income means the total annual income of an individual , or where a family is displaced total annual income of the parents or adult heads of household, less the following: (1) A deduction of $500 for each dependent in excess of three. (2) A deduction of ten percent (lOb) of total income for an elderly or handicapped household. (3) A deduction for recurring, extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent of total income, where not compensated for or covered by in- surance or other sources , such as public assistance or tort recovery. - (4) A' deducti on of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall ` not exceed the amount of income received by the person thus released. Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for the determination of financial means. -5- ' FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE a (Pursuant to Government Code Se6on 11380.1) ®` r (4) Based upon recent survey and analysis of .both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replace- ment dwellings will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them. (5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. (6) A relocation plan meeting the requirements of section 6038 has been prepared. (b) Acquisition. No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable, (1) Adequate provisions have been made to be guided by the pro- visions of Article 6 of the Guidelines, and (2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines. 6012. Citizen Participation. (a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program. (b) When a substantial number of persons will be displaced from their P1 dwellings the public entity shall encourage- the residents 'dnd community organ- izations in the displacement area to form a relocation committee. The com- mittee shall include, when applicable, residential owner occupants, resi- dential 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 Z as part of an existing development program may substitute such process if it $ satisfies the requirements of this section. If a substantial number of persons will not be displaced from their dwellings, the public entity shall at least consult with and obtain the advice of resi- dents and community organizations and make the relocation 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 following: (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 pro- hibited by law. The displacing entity shall ensure that the information in documents the provi si on of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoic such disclosure. This obligation to avoid improper disclosure shall not effect the right of the person to which the information relates (or any other person author- ized 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. 7- 3'r'..7:_3 .iE- S. ��,► ,F � , CONTINUATION SHEET FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE Mvrswont to Government Code SocCon 11360.1) 6032. Relocation Assistance Advisory Program. Public entities shall develop and implement a relocation assistance advisory program which satisfies the requirements of this article and of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act and the Rumford Act. Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that (a) all persons displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing, and (b) all persons displaced from their places of business or farm operations are assisted in reestablishing with. a minimum of delay and loss of earnings. 6034. Eligibility. (a) Relocation assistance and benefits shall be available to: (1) Any person who occupies property from which he will be displaced. (2) Any person who will move from real property or will move his personal property 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 acquisition by a public entity whether the move is voluntary or involuntary. (4) Any person who, following the initiation of negotiations, moves as the result of the pending acquisition. Such a person is eligible if the property is subsequently acquired by the public entity; if it is not acquired, such a person, at the discretion of the public entity, may be declared eligible. (5) Any person who moves as the result of pending acqui s i ton by a public entity either following receipt of a Notice of Intent to Displace - (see section 6086) or as a result of inducement or encouragement by the z Z public entity. W (b) (1) Post-acquisition tenants, those who lawfully occupy property only after a public entity acquires it, are not eligible for assistance and benefits if, before occupying the property, they are informed by the Z public entity that the property has been acquired for a public use and o 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 otheniise be expected. When post-acquisi- tion tenants are so informed 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 projected 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 accordance with the provi- sions of section 6058. (2) When the displacement of a post-acquisition tenant causes a* hardship for that person because of a critical housing shortage, age, handicap, infirr„ity, lack of financial means or other circumstance, the displacing entity may provide relocation assistance and benefits. In such hardship situations a public entity is encouraged to provide assistance and payment for moving expenses. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Pvr►uont to Government Code Section 1138D.1) a (c) A Plan prepared by a local public entity shall be consistent with the .�. local housing element (prepared pursuant to California Administrative Code, Title 25, Chapter 1 , Subchapter 5. ) (d) In the event of delay of implementation of the relocation program, the plan shall be updated annually. (e) (1) Copies of the plan shall be submitted for review to the reloca- tion committee and the department 30 days prior to submission to the local legislative body or head of state agency for approval . Copies shall be available to the public upon request. (2) General notice of the plan shall' be provided. Notice shall be designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval . 6040, Minimum Requirements of Relocation Assistance Advisory Program. (a) Each relocation assistance advisory program undertaken pursuant to this Article shall include, at a minimum, such measures, facilities or services as may be necessary or appropriate in order to: (1) Fully inform eligible persons under this Article within 15 days following the initiation of negotiations for a parcel as to the avail- ability 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. W (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 Z prior to displacement there will be available comparable replacement W housing, meeting the criteria described in section 6008(c) , sufficient in 3 number and kind for and available to such eligible persons. (4) Provide current and continuing information on the availability, Z prices, and rentals of comparable sales and rental housing, and of com- 0 parable commercial properties and locations, and as to security deposits , closing costs, typical down payments, interest rates, and terms for resi- dential property in the area. (5) Assist each eligible person to complete applications for pay- ments and benefits. (6) Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. Only adequate inspection will insure that a particular unit meets this standard. If a displaced person occupies a unit to which he is referred by the public entity and the unit does not satisfy the comparable re- placement dwelling standard, the public entity has not fulfilled 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 units failure to satisfy the comparable replacement dwelling standard. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE ffi (Pursuant to Government Code Section 11390.1) (e) Waiver. ine requirement in subsection (a) above may be waived only when immediate possession of real property is of crucial importance and by one of the followin- circumstances: (1) When displacement is necessitated by a major disaster as defined 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. 6044. Tem orar Move. (a) General . (1) A public entity shall be required to minimize to the greatest extent feasible the use of temporary relocation resources (as defined in section 6042) but, when a project plan anticipates moves back into completed project accommodations, temporary relocation resources may be used, at the displaced person's election for a limited period of time. (2) Temporary relocation does not diminish the responsibility of the public entity to provide relocation assistance, services and benefits designed to achieve permanent relocation of displaced persons into com- parable replacement dwellings. (b) Requirements. (1) Temporary replacement housing may not be relied upon if compara- ble replacement housing will not be available to the displaced person within 12 months of the date of the temporary move. (2) Prior to the move, the public entity shall have determined and have provided written assurance to each displaced person that: (A) Comparable replacement housing will be made available at , ., � the earliest possible time but in any event no later than 12 months from the date of the move to temporary housing. Temporarily housed " persons may agree to extend the 12 month limitation but, if they do Z not, the public entity shall ensure that comparable replacement dwell- ings are available within the 12 month period. (B) Comparable replacement housing will be made available, on 3 a priority basis, to the individual or family who has been temporarily Z Z rehoused. o (C) The move to temporary housing will not affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice of replacement housing units that -would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of the reloca- tion payments to which a displaced person is entitled. (D) If a project plan anticipates moves back into replacement housing accommodations in the project or program area, the person who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (E) The public entity will pay all costs in connection with the move to temporary housing, including increased housing costs. 6046.- Informational Program. (a) Basic Requirements. The displacing entity shall establish and maintain an information program that provides for the following: FOR FILING ADMIN57RATIVE REGULATIONS WITH THE SECRETARY OF STATE (Pwrswont to Government Code Section 11160.1) (4) Relocation Records. Based on information obtained during the -� survey and other sources as applicable, the local agency shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the pertinent 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 in- terviewed 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 i annually. (c) A public entity shall endeavor to obtain the following information: income; whether a person is elderly or handicapped; size of family; age of i children; location of job and factors limiting accessibility; area of preferred relocation; type of unit preferred; ownership or tenant preference; 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 trans- portation and schools) and neighborhood conditions (including municipal ser- vices) . Other matters that concern a household as its members contemplate relocation should also be included. (d) A written analysis of relocation housing needs shall be prepared. u. It shall be prepared in sufficient detail to enable determination of the avail- ability for all potential displacees of housing which meets the standards set i' forth in the definition of comparable replacement housing. Z The information concerning homeownership and rental units shall be provided separately. The number of units needed shall be identified by cost for each 3 size category. The needs of elderly and handicapped households shall be shown separately and shall include information on the number of such households Z; requiring special facilities and the nature of such facilities. The statement of relocation housing needs shall include a description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Information shall be provided concerning proximity to present employment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amen- ities is essential to ensuring that no residents are incapacitated by the relocation and such information also should be provided. 6050. Failure to Conduct Timely and Effective Survey. When a survey is not conducted in a timely and effective manner, the public entity shall be obligated to make every effort to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accurately determined. 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 assistance and benefits. 1 -15- : �^: . FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (/vnwont to Govo►nn►ont Code Sociion 11380.1) dynamic operation by which occupancy changes occur within a standing inven- -- tory 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)) re- presents 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 will be available when needed; (B) The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assistance; and (C) The units have been inspected and determined to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered. (D) The number of units available in the community exceeds the number of households in need of the units. This requirement may be waived by the department if the public entity can establish that such units will be replaced by last resort housing within two years. To establish that last resort housing will be developed as required the public entity must have site control with permissive zoning, pre- liminary plans and conditional commitments for subsidy and financing or the equivalent. The public entity also must identify ownership. y (c) Uncompleted new construction or rehabilitation which is subsidized Z by public funds shall not be counted as a relocation resource unless the units are being subsidized to provide relocation resources. C 3 6054. Last Resort Housin (a) No eligible person shall be required to Z move from hisdwelling -because of the action of a public entity unless compara- S ble replacement housing is available to him. (b) If on the basis of its survey and analysis of relocation needs and resources a public entity cannot determine that comparable replacement housing will be available as required, the public entity may not proceed with any phase of a project or other activity which will result in displacement unless it provides such housing. (See Article 4. ) (c) If the action of a public entity has resulted or is resulting in displacement and comparable replacement housing is not available as needed, the public entity shall use its funds, or funds authorized for the project to provide such housing (see Article 4) , or shall terminate or suspend further implementation of the project activity in accordance with the provisions of section 6018. (d) Temporary relocation resources may be relied upon in the interim only if the provisions of section 6004 are satisfied. 1 FOR FILING ADMINSTRATIYE REGULA1 i:vrc5 WITH VHE SECRETARY OF STATE t (►wrawont to Government Code Setiion 11380.1) o (1) The relocation sample should include cases in which all pay- rents 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 of relocation assistance and services to which they are entitled. Priority attention should be given to cases in which a .grievance has been filed or the agency has determined that a person is ineligible for relocation benefits. (2) The acquisition sample should be based on cases in which settle- ment has been completed. However, if necessary to provide a representa- tive sample of acquisition activities, the reviewer should include in- complete transactions in which negotiations have been initiated. (c) After the records and files have been reviewed, the reviewer should i 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 f the accuracy of the information obtained 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's judgment based on the informa- tion he has just reviewed. Generally, an interview and inspection should be carried out for at least one of every five. cases for which the files and records h-1ve been reviewed. Only where the number of persons displaced is less than 25 should the number of interviews and inspections be less than 10. In no case U� should the number of interviews and inspections be lower than the lesser of five and the number of persons displaced. To the extent possible, the interviews should cover a representative cross section of the types of cases in the agency's Z; workload: e.g. , relocation cases involving families of various sizes as well as W individuals and business concerns (including both owners and tenants) , and '= acquisition transactions involving residential , commercial and industrial C 3 properties. Z (d) In addition to the above, the following factors are among those which of should be considered: (1) The effectiveness of efforts to provide relocation services to displaced persons, including timeliness of notice and correctness of eligibility determinations. (2) The satisfaction of relocated families, individuals and business concerns in their new locations. (3) The extent to which self-moves to substandard housing have been minimized. (4) The effectiveness of efforts to provide relocation services to business concerns, including counseling services and SBA loans to aid in their reestablishment. (5) The promptness of processing claims and the making of payments , including the amounts , delivery, and use of relocation payments. 16) The number and magnitude of rent increases following acquisition and displacement. (7) The effectiveness of methods used to resolve difficulties ex- perienced by site occupants. (8) The effectiveness of the public entity's grievance procedures. (9} The extent of resident involvement in planning the relocation program. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (tur►vant to Government Code Section 11380.1) forth in subsection (c) of this section for moving himself, his family, business, --•. farm operation or other personal property. In all cases the amount of a pay- ment 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 distance of 50 miles from the site from which displaced, except where relocation beyond such distance of 50 miles is justified; (2) Packing, crating, unpacking and uncrating personal property; (3) Such storage of personal property, for a period generally not to exceed 12 months, as determined by the public entity to be necessary in connection with relocation; (4) Insurance of personal property while in storage or transit; and (5) The reasonable replacement value of property lost, stolen or damaged (not through the fault or negligence of the displaced person, his agent, or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available. (6) The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property (including goods and inventory kept for sale) not wired by__the public entity, including connection charges imposed by pu TT utilities for statti-ffg uti 1 i ty servi ce. (b) Actual Reasonable Moving Expenses -- Displaced Business Concerns and Farm Operations. In addition to those compensable expenses set forth in sub- section (a) of this section, a displaced business concern or farm operation may file a claim for the following moving and related expenses: (1) The cost, directly related to displacement and subject to the limitation imposed by paragraph (b)(2) , of: (A) An addition, improvement, alteration or other physical Z y p Py change in or to any structure or its premises in connection with the reassembling, reconnection or reinstallation of machinery, 3 equipment or other personal property. A public entity, at its Z discretion, may compensate a displaced business or farm for any a addition, improvement, alteration or other physical change otherwise required 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 supply. (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 referred. (D) The public entity shall deduct, on the basis of a reason- able estimate, the amount, if any, realized by the displaced business concern as compensation for comparable additions , improvements , alter- ations or other physical changes to the structure and premises acquired, as part of the payment made for the acquisition of such structure and premises. -21- ,t: 1.71 at- ci. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (►urtuont to Go.*rnment Code Ucfion 11390.1) (h) Whenever a public entity must pay the actual cost of moving a displaced person the costs of such move shall be exempt from regulation by the Public Utilities Commission as provided by section 7262(e) of the Act. The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. 6092. Actual Direct Losses of Tangible Personal Proper (a) General . A public entity shall make a payment to a displaced person who satisfies the eligibility requirements of section 6090 and this section, for actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, in an amount determined by the public entity to be in accordance with the provisions of this section. (b) Determining Actual Direct Loss of Property. Actual direct loss of property shall be determined on the basis of the lesser of the following: (1) The fair market value of the property for continued use at its location prior to displacement. (2) The estimated reasonable costs of relocating the property. t The public entity may require that the owner first make a bona fide ' effort to sell the property or it may permit the owner not to do so. ' The proceeds realized from any sale of all or part of the property shall be deducted from the determination of loss. In calculating payment under this section the reasonable cost of an effort to sell shall be added to the determination of loss. (c) Documentation to Support Claim. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals, certi- fied prices, bills of sale, receipts, cancelled checks, copies of advertise- ments, offers to sell , auction records, and other records appropriate to Z� support the claim or the public entity may agree as to the value of the pro- perty left in place. t 3 6094. Actual Reasonable Expenses in Searching fora Replacement Business 0 or Farm. A disp aced person who satisfies the pertinent eligibility require- o ments of section 6090 with respect to actual reasonable moving expenses, shall be eligible for a payment in an amount not to exceed $500, in searching for a replacement business or farm, including expenses incurred for: (a) Transportation; (b) Meals and lodging away from home; (c) Time spent in searching, based on the hourly wage rate of the salary or earnings of the displaced person or his representative, but not to exceed $10 per hour; and (d) Fees paid to a real estate agent or broker to locate a replacement business or farm. 6096. Moving Expenses -- Outdoor Advertising Businesses. A displaced person who conducts a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services b,i 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. FOR FILING' AOMINSTRATIVE REGULATIONS WITH THE SECRETAR f OF STATE t (Puriuont to Govornw►ont Code Secfion 11390.1) ®s (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 (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 $2,000 during the two taxable years prior to displacement; or (B) The displaced business had average annual net earnings of at least $1,000 during the two taxable years prior to displacement; or (C) The displaced business contributed at least 33-1/3 percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case the public entity determines that the two year period prior to displacement is not representative of average receipts, earnings or income, it may make use of a more representative period. (c) Determination of Number of Businesses. In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others shall be considered: (1) The extent to which the same premises and equipment are shared. (2) The extent to which substantially identical or intimately inter- W related business functions are pursued and business and financial affairs < are commingled. M (3) The extent to which such entities are held out to the public, and to those customarily dealing with such entities, as one business. Z (4) The extent to which the same person or closely related persons F own, control or manage the affairs of the entities. r (d) Requirements -- Farms. In the case of a farm operation, no payment 3 shall be made under this section unless the public entity determines that the Z farm met the definition of a farm operation prior to its acquisition. If the S displacement is limited to only part of the farm operation, the operator will be considered to have been displaced from a farm operation if: the part taken met the definition of a farm operation prior to the taking and the taking caused such a substantial change in the nature of the existing farm operation as to constitute a displacement. (e) Requirements -- Nonprofit Organizations. In the case of a nonprofit organization, no payment shall be made under this section unless the public entity determines that: (1) The nonprofit organization cannot be relocated without a substan- tial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, per- sons , community, or clientele served or affected by the activities of the nonprofit organization) ; and �2) The nonprofit orga.n i za ti on 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. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE t (►unuont to Cso•ernmewt Code Sect;on 11360.1) s (A) Is displaced from a dwelling that is acquired; (8) Has actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acqui- sition; and (C) Purchases and occupies a replacement dwelling within one year subsequent to the date on which he received final payment from the public entity of all costs of the acquired 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 assistance and benefits, and that he neither knew nor should have known that public acquisition was intended the public entity may reduce the requirement as necessary. (3) Where for reasons beyond the control of the displaced person completion of construction, rehabilitation, or relocation of a replacement 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, rehab- ilitation, 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 re- habilitation is completed. (4) Where, for reasons of hardship or circumstances beyond the control of the displaced person, such person is unable to occupy the replacement N dwelling by the required date, the public entity may extend the deadline as necessary. If by the deadline the displaced person has contracted to Z purchase a replacement dwelling, the public entity should extend the W deadline. 3 (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 2 being unable, because of a major state or national disaster, to meet the a occupancy requirements. (c) Computa�ion of Replacement Housing Payment. (1) Cost of Comparable Replacement Dwelling. (A) In determining the reasonable cost of a comparable replace- ment dwelling, the public entity concerned shall use one of the fol- lowing methods : 1. Comparative Method. On a case-by-case basis by deter- mining the listing price of dwellings which have been selected by the public entity and which are most representative of the acquired dwelling unit and meet the definition of comparable replacement dwelling set out in subsection 6008(c). Whenever possible the listing price of at least three dwellings shall be considered. 2. SchedulE Method. Where the public entity determines that the comparative method is not ft�asible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. If more than one entity is administering a project causing displacement in the area, it shall cooperate with the other entities in establishing a uniform schedule for the area. The schedule shall be based on a current -27- 3".16.7::,.7- If, . .s. --' r COhiIh..AliUh lnlll FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE Vwrswont to Gove►nn+er]t Code Sect;on 11360.1) (d) Multi-family Dwelling. In the case of a displaced homeowner who is required to move from a one-family unit of a multi-family building which he owns, the replacement housing payment shall be based on the cost of a compara- ble 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 retain, move, and occupy his dwelling, the amount payable under this section is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses, the cost of correcting decent, safe, and sani- tary deficiencies, if any, and the actual purchase price of a comparable relocation site. A public entity may limit the payment made under this subsection to the amount of the replacement housing payment for which the homeowner would otherwise be eligible. (2) The payment shall not exceed $15,000. (f) Provisional Payment Pending Condemnation. If the exact amount of a replacement housing payment cannot be determined because of a pending condem- nation 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 maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replace- ment housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court N is greater than the maximum offer upon which the provisional replacement housing payment is based, the difference will be refunded by the homeowner Z to the public entity. If the acquisition -price as determined by the court is W less than the maximum offer upon which the provisional replacement housing payment is based, the difference will be paid to the homeowner. (g) Lease of Condominium. For the purposes of this section, the leasing Z of a condominium for a 99-year period, or for a term which exceeds the life o 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 condominium. 610C­--Replacement Housing Payments for Tenants and Certain Others. (a) General . A public entity shall make to a displaced person who satisfies the eligibility requirements of section 6084 and the conditions of subsection (b) below, a payment not to exceed $4,000 for either: (1) An amount, computed in accordance with paragraph (d)(1) of this section, necessary to enable such person to lease or rent a replacement dwelling for a period not to exceed 4 years; or (2) An amount, computed in accordance with paragraph (d)(2) of this section, necessary to enable such person to make a downpayment on the purchase of a replacement dwelling (including incidental expenses de-s- cribed in section 6102) . If such amount exceeds $2,000, the displaced person shall equally match any such amount in excess of $2,000 in making the downpayment. .. __ _�____.ev.....W...e..._,.,.. __._.m.m.,..e...... ...,,_...... ....v.,m..,...._.,m......._... 2 J ;,. ,.• . C�rvTlr.uAlrOn srtEl FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Purnuont to Csortrnmenl Code Swction 11130.1) (e) Rental Payments for Displaced Owners and Dependents. (1) Owners. A displaced owner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility conditions specified in subsection (b) is eligible for the payment specified in paragraph (a)(1). (2) Dependents. A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under this section, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to such person. For the purposes of this paragraph a 'dependent' shall be a person who derives fifty-one percent or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that fifty percent or more of their 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. W 6106. Proration of Payments. For the purpose of calculating an alternate d payment under section 6098 or a replacement housing payment 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 Z as one person. Where a tenant is sharing a single-family dwelling with an owner-occupant 3 and paying the owner-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental supplement otherwise payable. Z The owner-occupant shall not be required to share the payment to which he is o entitled or accept a prorated amount. 6108. Condition of Re lacement Dwell ' (a) When a displaced person qualifies for a replacement housing payment tunder 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 replace- ment dwellings as required or if the dwelling is one to which the person was referred by the public entity, the condition of the dwelling does not effect eligibility for a replacement housing payment. (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 qualifies for a replacement housing payment if the unit is brought into compliance with the decent, safe and sanitary standard. In this situa- tion payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replacement dwelling or the sum of the actual costs of acquisition (including related expenses) and rehabilitation, whichever is less. -31- , � c :S- FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE s (Purivont to Government Cod* Soction 11380.1) o" �.•- (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 6104) ; or I C If he elects to rent a replacement mobile home and site the amount required to do so in accordance with section 6104. In calculating this payment, the average monthly rental shall equal the economic rent for the mobile home plus the actual rent for the site. (6) Similar principles shall be applied to other possible combina- tions of ownership and tenancy upon which a claim for payment might be based. 1 6114. Affected Property. a In addition to the payments required b ( ) py q y Section 7262 of the Act see sections 6090, 60922 6094, 60969 6098 and 6100), as a cost of acquisition, the public entity shall make a payment to any af- fected 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 thousand dollars ($15,000) , � f shall be the amount, if any, which equals the actual decline in the fair <! market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of such property. Z (d) The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regulations 3 adopted by the public entity. Such rules and regulations shall limit payment under this section only to such circumstances in which the decline Z in fair market value of affected property is reasonably related to objective $ physical change in the use of acquired property. (e) "Affected property" means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. Article 4. Last Resort Housing. 6120. Pur ose. The purpose of this part is to set forth the criteria and procedures or assuring that if the action of a public entity results, or will result in displacement, and comparable replacement housing will not be available as needed, the public entity shall use its funds or funds author- ized for the project to provide such housing. FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE t (�vr �ont to Go.ernment Code SocCon 11390.1) (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 Housing Agencies and Organizations. The head of the displacing public entity may consult or contract with the department, a local housing authority, or other agency or organization havi-ng experience in the administration or conduct of housing programs to provide technical assis- tance and advice in the development of the replacement housing plan. 6126. Submission of Plan for Comment. The head of the displacing public entity shall submit the plan and all significant amendments to the department and local housing and planning agencies for comment and to assure that the plan accurately reflects housing conditions and needs in the relocation area. Reviewing agencies shall have 30 calendar days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested persons. General notice of the plan shall be provided. Notice shall be designed to reach the residents of the relocation area; it shall be in accordance with the provisions of paragraph 6046(a) (3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the committee, or the local govern- ing body or head of state agency for approval . 6128. Determination by Diselacing Public Entit of Feasibilityand�Com- liance. Upon receipt and consideration of the comments, the displacing U public entity shall determine whether or not: (a) The plan is feasible. N = b The plan complies with applicable environmental standards and pro- Z cedures. W (c) The plan is compatible with the local general plan and housing element and the areawide housing plan or strategy. If any of the above determinations by the displacing public entity is Z negative the displacing public entity shall revise the plan as necessary. o Substantial modifications in the plan shall be submitted for review and comment as provided in section 6126. If necessary for timely implementation of the plan or execution of the project, the head of the displacing public entity may shorten the time allowed in section 6126 for review of modifications. 6130. Implementation of the Replacement Housing Plan. Upon making the determinations required by section 6128, the head of the displacing entity may expend funds and take such other actions as necessary to provide, rehabili- tate, or construct replacement housing pursuant to the approved replacement housing plan through methods including but not limited to the following: (a) Transfer of funds to state and local housing agencies. (b) Contract with organizations experienced in the development of housing. (c)- Direct construction by displacing public entity. Whenever practicable, the head of the displacing public entity should utilize the services of. federal , state, or local housing agencies , or other agencies having experience in the administration or conduct of similar housing programs. -35- --� ° C:Jr�T11�UAlf�h Snlll • FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE a (Purauont to Government Code Sotlion 11380.1) (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section may be informal or may follow the pro- cedures outlined in Government Code, Sections 11180 et seq. Before conducting an investigation under the Government Code sections, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may desig- nate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. 6154. Notification to Complainant. If the public entity denies or refuses to consider a claim, the pu 1c entity's notification to the complain- ant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. 4. L9 6156. Stages of Review by a Public Entity. (a) Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis there- fore, if he feels that the explanation accompanying the payment of the claim or Z notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks 3 of its receipt of his request. (b) Informal Oral Presentation. A complainant may request an informal Z oral presentation before seeking formal review and reconsideration. A request o for an informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. (c) Nritten Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formaT review and reconsideration. The complainant may include in tr e . request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal . If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the complainant' s request should be granted. FOR FILING ADMINSTRtiTIVE IONS WiTH THE SECRETARY OF STATE a (Pwrtwont to Government Cc-do Seciion 11390.1) (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the clam, 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 wig the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. 6162. Extension of Time Limits. The time limits specified in section 6156 may be extended for good cause by the public entity. 6164. Recommendations by Third PPaar�ty. Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisory recommendations 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 confiden- u� tiality of material is protected by law or its disclosure is prohibited by 0( la'..", a public entity shall permit the claimant to inspect all files and re- _; cords bearing upon his claim or the prosecution of the claimant's grievance. Z` I; a claimant is improperly denied access to any relevant material bearing W on the claim, such material may not be relied upon in reviewing the initial '-' determination. z 6168. Effect of Determination on Other Persons. The principles estab- a lished in all determinations by a public entity shall be considered as prece- dent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determina- tions shall be kept on file and available for public review. 6170. Ri ht to Counsel . Any aggrieved party has a right to representa- tion by lega or other counsel at his expense at any and all stages of the pro- ceedings set forth in these sections. 6172. Stay of Displacement Pendi nq 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 determination and the com- plainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. is- ' CUh1YKUAZIOK �hlil FOR FILING ADMINSTRATIVE REGULATIONS • WITH THE SECRETARY OF STATE �► (Purauont to Gove►hment Codr Solon 11380.1) As soon as possible after the amount of just compensation is estab- lished, he public entity shall offer to acquire the property for the full amount so established and shall provide the owner with a written statement of the �-zsis for determination of just compensation. The statement shall in- clude the following: (1) A general statement of the public use for which the property is to be acquired. (2) A description of the location and extent of the property to be ta�en, with sufficient detail for reasonable identification, and the in:_rest to be acquired. (3) An inventory identifying the buildings, structures, fixtures, and other improvements. (4) A recital of the amount of the offer and a statement that such ' amoint: (A) Is the full amount believed by the public entity to be i just compensation for the property taken; (B) Is not less than the approved appraisal of the fair market value of the property as improved; (C) Disreaards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and (D) Does not 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 =1 portion of loss of goodwill provided in accordance with Section W 6100. (6) If the real property is a portion of a larger parcel , the state- ment shall include an apportionment of the total estimated just compensa- te; ticn for the partial acquisition between the value of the property being a taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken. (6) If the owner of the real property to be acquired is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwill . (e) At the initiation of negotiations (see subsection 6008(n)) a public entity shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his possible right to compensation for loss of goodwill . The public entity should include a copy of the pertinent provisions of the Eminent Domain Law (Code of Civil Procedure, Section 123.0.010 et seq. ). (f) (1) If after receiving the public entity's offer the owner requests additional information regarding the determination of just compensation, the public entity shall provide the following information to the extent that the determination of just compensation is based thereon: f i WITH THE SECRETARY OF STATE (Purl"on' to Go.ern-ent Code Section 11380.1) 18 aR (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 for the use of the owner, or take any other action coercive or misleading in nature, in order to compel or induce an agreement on the price to be paid for the property. (2) . If any interest in property is to be acquired by exercise of the power of eminent domain, the public entity shall promptly institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property. 6184. Notice of Decision to Appraise. The public entity shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall state, as a minimum, that: (a) A specific area is being considered for a particular public use; (b) The owner's property has been determined to be located within the area; and (c) The owner's property, which shall be generally described ma b acquired in connection with the publ�c use y e . 618�. Time of Offer. The public entity shall make its first written offer as soon as practicable following service of the Notice of Decision to Appraise. (See section 6184. ) 6188. Notice of Land Acouisition Procedures. (a) At the time the entity notifies an owner of its decision to appraise real property it shalbl�c l furnish the owner a written explanation of its land ac ui z describing in non-technical , understandable terms the publicion entptocsdacqui- sition procedures and the principal rights and options available to the owner. M (b) The notice shall include the following: 3 o (1) A description of the basic objective of the public entity's z land acquisition program and a reference to the availability of the S public entity's statement covering relocation benefits for which an owner-occupant may be eligible; (2) A statement that the owner or his representative designated in writing shall be given the opportunity to accompany each appraiser during his inspection of the property. (3) A statement that .if the acquisition of any part of real pro- perty would leave the owner with an uneconomic remnant as defined in subsection 6182(g) the public entity will offer to acquire the unecon- omic remnant; if the owner so desires; . (4) A statement that if the owner is not satisfied with the public entity's offer of just compensation he will be given a reasonable opportunity to present relevant material , which the public entity will carefully consider, and that if a voluntary agreement cannot be reached the public: entity, as soon as possible, will either institute a formal condem,ia ti on proceeding against the property or abandon its intention to acquire the property, giving notice of the latter as provided in section 6190. -43- -��. rv..ja rl.1i%V .. ;%..,%-•..-... - ..-- - - WITH THE SECRETARY OF STATE (Putsuont to Government Code Section 11360.1) � Attachment A Minimum Contents of Informational Statement(s) For Distribution To Business Item To Be Included Displaced Concerns Persons and Others 1. General description of the nature and types of X X activities that will be undertaken, including an identification of areas which may involve displace- ment. A diagrammatic sketch of the project area should be attached. 2. Statement that public action may result in dis- X X placement but that no one lawfully occupying property will be required to surrender possession without at least 90 days' written notice from the public entity and no one will be required to move until 90 days after the provision of information. 3. Assurance that families and individuals will not be X N required to move before reasonable offers of decent, tn. safe, sanitary and otherwise comparable housing Z within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accordance with section 6053. ) 0 z 4. General description of types of relocation payments X X avail-able, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment. 5. Identification of the agency's relocation program X X and a description of the relocation services and aids that will be available. 6. encouragement to visit the agency' s relocation X X office and cooperaS:e with the staff. The address, tel ephcne numbe and hours of the relocation office should be speci .�i ed. -45- ' FO% FILING t.DMIt. 114t ►.1VV►I-AA%d � WITH THE StU TARY OF STATE (wnvont b Governmer-1 Code Section 11320.1) � For Distribution To business Item To Be Included Displaced Concerns . Persons and Others 10. Summary of the local agency's eviction policy, X X which shall be in accordance with the provisions of-section 6058. 11. Statement describing the agency's grievance pro- X X cedure, its purpose, and how it may be used, which procedure shall be in accordance with the provisions of Article 5. w_ S Z_ V F C 0 Z Q i { A r►./^ r1►15\V P.✓1•ii\.i1nti.•a► ..�Jv� ...v.�.+ 1 . WITH THE SECRETARY OF STATE � (Pursuonr go Go.ern"m Code S960on 11380.1) it For Distribution To Business laced Concerns is Item To Be Included D persons and Others 7. Information on replacement housing, including: X a. Brief description of what constitutes com- parable replacement housing, including physical standards. b. Laymen' s description of Federal fair housing X law (Title VIII of Civil Rights Act of 1968) , and applicable State and local fair housing 1ays, as well as rights under Title ,IV of the Civil Rights Act of 1964. C. Statement that the public entity (or its agent) X will identify comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate Federal , State or local fair housing enforcement agency. d. Sl_,atement that persons may seek their own X `� housing aCCOMModations and urging them, if . they do so, to notify the relocation office prior to making a commitment to purchase or 4 occupy the propertyo a z 8. Statement that the public entity will provide maxi- X mum assistance in locating relocation accommodations, including consultation with the Small Business Admin- istration and other governmental agencies which might be of assistance. 9. Statement describing requirement for prior notifica- X tion to the agency of the business concern inten- tion to move. C -46- f FOR FILING ADMINSTRATIVE REGULATIOti-S WITH THE SECRETARY OF STATE ' t (Punuont to Governs&nt Code Sfc"Ph 11380.1) s (5) A statement that construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by these Guidelines will be available) or to move his business or farmdateratiu without at least 90 days written notice from the public. entity of the by which the move is required; and (6) A statement that, if arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject t t termination by the. public entity on short notice, the rental will not exceed the lesser the fair rental value of the property to short term occupier or the pro rata portion of the -Fair rental value for a ty.pi cal rental period. riohe rental for the If the owner or tenant is an occupant of a dwelling, dwelling shall be within his financial means. (See subsection 6008(c).) i 6190. Notice of Public Entity's Decision Not to Acquire. Whenever a public lentity which has fon.;arded a igoti ce of Decision to. Appraise or has made a firm offer subsequently decides not to acquire the property, the public entity shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the public entity has decided not to acquire the property. It shall be served not later than 10 days following the date of the public entity decision rot to acquire. 6192. Incidental Ex enses. If the real property is acquired by purchase, the public entity shall pay all reasonable expenses incident t transfer. Gong the expenses requiring payment are: recording fees, transfer fees and sir p expenses incident to the conveyance of real property, and the pro rata portion of "charges for public service such as water, sewage and trash collection which are ~'allowable to a period subsequent to the date of transfer of title to the public w entity, or the effective date of possession of such property by the public entity, whichever is earlier. The public entity shall inform the owner that he may apply 3 for a rebate of the pro rata portion of any real property taxes paid. 0 6�94. Short Tern Rental . (a} If the public permits an owner or tenant to occupy the real property acquired on a rental basis for a short-term or for a period subject to termination by the public entity on short notice, the short the aunt of t rent required shall not exceed the lesser of the ,air rental va e occupier or the pro rata portion of the fair rental value for a typical rental period If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his financial means. (See subsection 6008(c). ) (b) A post-acquisition tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than 30 days notice of term- ination of the tenancy. 6195. Public Information. The purchase price and other consideration paid nt by the public eity is pub is information and shall be made available upon request. 6196. Service of Notice. Service of all notices required by this article shall be made either by first class mail or by personal service upon the person �to be notified. 6198. Peon ossessor Interest Exception. The provisions of 6182(b) , (c) , (d)(4) , and (f and �188 sna not apply to the acquisition of any easement, (right-of-way, covenant or other non-possessory interest in real property to be !acquired for the construction, reconstruction, alterCttion,enlargement, main- tenance �:=� _ = � , renewal , repair or replacement of sub-surfs appurtenance, drains, septic tanks , or storm water drains. -44- Vwrtwont 10 Gowrnw+enl Code Sedoo� 1 T360.T) (A) The date of valuation used. (B) The highest and best use of the property- (C) The applicable Zoning. to p) Identification of some of the sales, contracts value 11 and purchase, and leases supporting the determination o (E) If the property is a portion of a larger parcel , , a description of the larger parcel , with sufficient detail reasonable identification. 2) With respect to each sale, contract, or lease provided din accordance with (1)(D) above, ( the following data should be provided: (A) The names and business or residence addresses , if known, of the parties to the transaction. B The location of the property subject to the transaction. (C) The date of transaction. (D) 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 avail- able for inspection, state the place where and the times when it is available for inspection. to requests (3) The requirements of this subsection do not apply made after an eminent domain proceeding is comaen (9) ti•;henever a part of a parcel of property is to be acquired by awpublic be entityfor public use and the remainder, or a portion of the remainder, remnant left in such size, shape or condition as thec�emnanttifathe owner so desires. �, the public entity shall offer to acquire A purposes of these Guidelines an "uneconomic remnant" shall be a parcel 4I For the pu p " f real ro erty in which the owner retains an interest after partial suchl o P P sition of his property and which has little ntoul�mityaopublic entity's - ,.. z, owner. (Nothing in this subsection is intended u i authority to acquire real property. ) c h Nothing in this section shall be construed to deprive Setenant e ant of 3 ( ) payment for his property interest as otherwise provided the right to obtain Z i byl�-1 aw.. o i (1) Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and condi ti ons of the surha se, and the public entity shall carefully consider the owner presenta- tion. if (2) Prior to commencement of an eminent domain proceeding, the evidence presented by an owner or amaterial change in the charac- ter or condition of the property indica�.}es the need f n aPP al or if a significant delay has occurred since the determination of just compensation, the public entity shall have its appraisalupdated. a modification in the public entity s determination of just comcompensation is warranted, an appropriate price adjustment shall be ma he new amount determined to be just compensation shall be promptly offered in writing to the owner. jI -42- r 1 C VA WITH THE SECREIARY Of STATE (/orbuont to Governrnent Code Sect;on 113a0.1) t _ 6174. Joint Complainants. Where more than one persons sermanented by the failure of the public entity t0inefthe them complainantsto comparable may join in filing a --, adequate temporary replacement housing single written request for review. A determination shall be made by the public entity for each of the complainants. 6176. Judicial Review. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. Article 6. Acquisition Policies 6180. Purpose. The purpose of this Article is to set forth the practices to be fo iowe with respect to acquisition of real property by a,ppublic ey• Public entities shall , to the greatest extent practicable, be guy yntit practices. 6182. Acquisition. (a) A public entity shall make every reasonable effort to acquire property by negotiation and to do so expeditiously. -public (b) Before negotiations are initiated (see subsection 6008(n)) a entity shall : (1) Have the property appraised, giving the owner or his represen- tative designated in writing an opportunity, by reasonable advance 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 Z him of his possible right to compensation for loss of goodwill . The 3 public entity should include a copy of the pertinent provisions of the o Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq.) . Z (3) Establish an amount it believes to be just compensation for tho 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. pp PP (c) The determination of just compensation shall be based upon considera- tion 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 Properti also the owner of a business conducted upon the property acquired or on the remainder and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. -40- fry ► l' ►C1• ,,., ►.•...r. .... � - . (PYrswant to Government Code SeLlIon 11380.1) (d) Time Limit for Requesting Review. A complainant desiring either an 1 informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following I the date he moves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Entity- (a) General . decide shall a� ��>>> The public entity shall consider the request or review a whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous presentation. The public entity shall consider every aggrieved person' au s � complaint regardless of form, and shall , if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may be required dhfor a full and true disclosure of facts, and to seek judicial review e as exhausted administrative appeal . (b) Scope of Review. The public entity shall review and reconsider 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 applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the z witness. `_l (2) The reasons given by the claimant for requesting review and Z' reconsideration of the claim. (3) Any additional written or relevant documentary material sub- mitted y=� d b the claimiant. m� 3� (4) Any further information which the public entity' in its dis- cretion, obtains by request, investigation, or research, to ensure fair o and full review of the claim. (c) Determination on Review by Public Entity. (1) The determination on review by the public enti ty 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 rof rationale. right to further admin- istrative A statement to the claimant 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. provided to (2) The determination shall be in writing with a copy p the claimant. (d) Time Limits. hall issue�i.) The public entity sue its determination of review as soon as possible but no later than 6 weeks from receipt of the last ma- aerial submitted for consideration by the claimant or the date of the hearing, whichever is later. I tvK f1LIhG L.GM►th�ittf+ltVE kCvl,fLkI&`Jf►> WITH THE SECRETARY OF STATE " (Purivont to G ovemmont Code Seciion 11380.1) d 6132. Housina Production. The head of the displacing public entity shall monitor the production of the last resort housing to ensure that it is in accordance with the plan. 6134. Jointl S onsored Development. Where several agencies are admll beis- resulting in residental displacement, opportunities tering programs resources in order sought for joint development and financing to aggregate most efficiently to provide replacement housing in sufficient quantity to satisfy the aggregate needs of such programs. 6136. Last Resort Housing In Lieu of Pa ments. A public entity hatlis a not require displaced person to accept a dwelling provided pursuant for the Article in lieu of the displaced person s acquisition payment, if nfor which real property from which he is displaced or the relocation payments he may be eligible. 613 Conformity with the Act and Other Statutes Policies andProce- dures. (a) Civil Rights and Other Acts. The administration of this Article sha ll be in accord with the provisions of the Unruh Civil Rights Act (Civil Code, Sections 51 et seq. ) , the Rumford Act (Health and Safety Code, Sect et se . ) , Section 1 of the Civil Rights Act of 1866 (42 U.S.C. 1982) 9 Ti?log VI of the Civil Rights Act or 19640 Title VIII of the Civil Rights Act of 196E the Environmental Quality Act of 1970 (Public Resources Code, Section 21100 et seq. ) 9 and re ulations issued pursuant thereto. � section on 6122 and any p Pb Dwelling and Relocation Standards. Determinations mane replacement suant to ( ) plan developed and implemented for pro��d� g P ; t, 9 housin and all such housing provided thereunder shall be in conformity with Z� the standards established in the Act and Guidelines. r� Z 4: H Article 5. Grievance Procedures. 0 Z 6150. Purpose. The purpose of this article is to set forth guide- lines for processing appeals from public entity determinations as to persons the amount of payment, and for processing appeals from aggrieved by a public entity's failure to refer them to comparableeish permanent or adequate temporary replacement housing. Public entities procedures to implement the provisions of this Article. 6152. Ri ht of Review. (a} Any complainant, that is any person who the believes him se f aggrieve by a determination as to eligibility, ermanentnorot payment, the failure of the public entity to provide comparable p adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and re- considered by �: 'P� head of the public entity or an authorized designee (other ermination in question) in accordance withthe than the hers who rr,3de the det procedures s. or in this article, as supplemented by the procedure public entity . -tell establish for such review and reconsideration. -36- r%.JN r&►I-%J —" -1...%J.h_..• ► r.----,........_ WITH THE SECRETARY OF STATE. ' (Puriuont to Government Code 5*610n 113E0.1) t _ 4b ba 6122. Determination of Need for Last Resort Housing. If on the ofsis of te requirements data derived from surveys and analyses whicS unabley tohdemonstrate that compara- sections 6048 and 6052, the public entity ble rep lacement lacement housing will be available as required, the head of the public entity shall determine whether to use the public entity s funds orthefunds authorized for the project to provide such necessary replacement ehousing or lac to modify, suspend or terminate the project or undertaking. 6124. Development of Replacement Housing Plan. (a) General . 1) Following the determination pursuaP nt to section 6122, thead of the displacing public entity shall develop or cause to be developed replacement housing plan to produce a sufficient number of comparable replacement dwellings. The plan shall specify how, when and he housing will be provided, how it will be financed and the amount of funds to be diverted to such housing, the prices at which it will be rented or sold to the families and individuals to be displaced, the arrangements for housing management and social services as appropriate, the suitability of the location and environmental impact of the proposed the housing, the arrangements for maintaining rent levels appropriate persons to be rehoused, and the disposition of proceeds from rentals ales or resale of such housing. If a referendum requirement or zoning presents an obstacle, the issue shall be addressed. (2)' All contracts and subcon tacts for the construction, rehabilita- tion or management of last resort housing shall be let without doririnina- W tion as to race, sex, marital status, color, religion, national an affirmative ancestry or other arbitrary circumstance and ps action program. The public entity shall encourage participation by 1 anni n , =i minority persons in all levels of construction, rehabilitation, p 9 ~� financing and ranagement will of last resort housing. When the hosing shall Z be located in an area of minority concentration, the public entity c seek to secure significant participation of minorities in these activities. 3 The public entity shall require that, to the greatest extent feasible, Z opportunities for training and employment arising in conneofllastwith resort o the planning, construction, rehabilitation, and operation housing .be given to persons of low income residing in the area of such housing and shall determine and implement means to secure the participa- tion of small businesses in the performance of contracts for such work. (b) Citizen Participation,(1) If the need for last resort housing exceeds 25 units, the head UT the displacing public entity shall establish a corm-nittee which will consult with and provide advice and assistance to the dispacing public entity in the development of the plan. The comi-ni ttee should ude appointed representatives of the displacing entity and state and local 1 agencies knowledgeable regarding housing in the area, 9 but not limited to the local housing authority and the central relocation agency, if any. In addition, the committee should include representatives of other appropriate public groups (for example, local and areawide planning agenc.i-es) and private groups knowledgeable regarding housing and the problems of housing 4iscrimination. (2) The co,m,; L : } shall include representatives of the residents to be displaced. These representatives may be appointed by the displacing entity or elected by the residents , as the residents of wish. Residcomient repre- sentatives shall , at a minimum, constitute one-third the total votes of resident membership. Votes shall be allocated so that representatives shall equal one-half of the total votes of the committee membership. -34- fWITH THE SECRETARY OF STATE . (PYrlwant 10 Government Code Section 11390.1) (b) A public entity shall not induce or encourage a displaced person to " acquire a dwelling which does not satisfy the comparable replacement housing standard. (See section 6008(c) .) 6110. Certificate of El i i bi l i t . Upon request byadisplaced i splacehomeowner ner ut or tenant who as not yet purchase and occupied a replacementdwelling, who is otherwise eligible for a replacement housing payment, the public entity concerned shall certify to any interested 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 prescribed. 6112. Mobile Homes. (a) General . A mobile home is a dwelling. (See subsection 6008 g) .) A person displaced from a mobile home must satisfy the • same eligibility requirements and must be provided the same assistance, assur- ance and payments as a person displaced from a conventionalassista9 (b) Moving Expenses. If a mobile home is moved to another site, the dis- placed person shall be compensated for moving expenses in accordance with sections 6090 and 6092. The provisions of these sections which generally apply only to businesses and farms shall also apply to displaced persons e a mobile hone. (c) Replacement housing payments. (1) A person who owns a mobile home and site and as a replacement purchases both a dwelling and site shall be provided a replacement housing payment in accordance with section 6102. A person who owns a mobile home U1 and site, and as a replacement rents both a dwelling and site, shall be vI provided a payment in accordance with section 6104. N' (2) A person who rents a mobile home and site, and as a replacement Z rents or purchases a dwelling and site, shall be provided a payment in Z ; accordance with section 6104. W' (3) A person who owns a mobile home and site, and as a replacement 3 urchases a dwelling and rents a site, shall be provided a payment in P o accordance with sections 6102 and 6104. The payment shall be limits to S1 the lesser of: (A) The amount necessary to purchase a conventional comparable replacement dwelling; and (B) The amount necessary to purchase a replacement mobile home (in accordance with section 6102) plus the amount necessary to rent a replacement site (in accordance with section 6104) . In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine the base monthly rental (as provided in paragraph 6104(d)(1) ) . (4) 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 6104 if he rents a re- placement site. (5) A person who owns a mobile home which is acquired and rents the site shall be provided payment as follows: -32- WITH THE SECRETARY OF STATE (Punuont to Government Code Section 11380.1) t (b) Eligibility Conditions. A displaced person is eligible for the payments specified in subsection (a) if he satisfies the following conditions: (1) Has occupied the dwelling from which he is displaced for a perict of not less than 90 days prior to the initiation of negotiation for acqui- sition of such dwelling. (2) Is not eligible to receive a replacement housing payment for ho--owners under section 6102 or elects not to receive such payment. 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 the person woulJ be eligible under section 6102. (3) Whenever a payment under subsection (a)(2) is sought the dis- placed person shall within one year from the date of displacement pur- chase and occupy a replacement dwelling. (c) The provisions in subsection 6102(b) for modifying the conditions 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 corr- puted by subtracting 48 times the base monthly rental of the displaced person (as determined in accordance with this subsection) , from 48 times the monthly rental for a comparable replacement dwelling (as determined in accordance with this subsection) : Provided, that in no case may such amount exceed the difference between 48 times the base monthly rental as determined in accordance with this subsection and 48 times the monthly rental actually required for the replacement dwelling occupied by the displaced person (A) Base Monthly Rental . The base monthly rental shall be v the lesser of the average monthly rental paid by the displaced 2 person for the 3-month period prior to initiation of negotiations and 25 percent of the displaced person' s average monthly income. (See subsection 6008(1 ) . ) Where the displaced person was the owner 3 of the dwelling from which he was displaced or was not required to z pay rent for that dwelling, the economic rent (see subsection 6008(h)) o shall be used in lieu of the average monthly rental to calculate base monthly rental . (B) Comparable Rental . The monthly rental for a comparable replacement dwelling shall be the amount of rent determined by the public entity by one of the methods described in paragraph 6102(c)(1) , considering rental charges instead of listing price or acquisition cost. (C) Whichever method is selected the cost shall be updated to ' within three months of the date of rental of the replacement dwelling. (2) Downpayment. The downpayment for which a payment specified under paragraph (a)(2) of this section may be made, together 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 financed, plus expenses incident to the purchase of a replacement dwelling computed in accordance with Section 6102. The full amount of a downpayment under this section shall be applied to the purchase of the replacement dwelling end shs11 be shown on the closing statement or other document acceptable to 1:1rhe public entity. 1 -30- WITH THE SECRETARY Of STATE (punuont 10 Go.ermnent Cede Soctpa+ 11390.1) s analysis of the market to determine a reasonable cost .for each type of dwelling to be purchased. In large urban areas this analysis may be confined to the sub-area from which persons are a--� I displaced or may cover several different sub-areas , if they satisfy or exceed the criteria listed in subsection 6008(c). To assure the greatest comparability of dwellings in any analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. 3. Alternative Method. Where the public entity deter- mines that neither the schedule, nor comparative method is ' feasible in a given situation, by the use of another reasonable method. (B) Whichever method is selected the cost shall be updated to within three months of the date of purchase of the replacement dwelling. (2) Interest Payments. Interest payments shall be equal lito the tdis- counted present value of the difference between the aggregate applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other 1 debt service costs , and the aggregate interest paid on the mortgage on the replacement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for purposes of this paragraph shall be the lesser of the remaining term and d amount of the mortgage on amount of the mortgage on the acquired dwelling, or tTheactual amountterm the debt service cost with the replacement dwelling. respect to the replacement dwelling shall be the lesser of the debt P, 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. Z� Prepaid interest or "points" shall be considered in the determination of aggrega to interest. In calculating the amount of compensation, increased interest cost shall 3 be reduced to discounted present value using the prevailing interest rate Z� paid on savings deposits by connierciai banks in the general area in which ZI the replacement dwelling is located. (3) Expenses Incident to the Purchase of the Replacement Dwelling. Payment under this section shall include the amount necessary to reimburse the displaced person for actual costs incurred by him incident to the purchase of the replacement dwelling, i ncl uding but not limited to the following: legal , closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal cost; FHA, VA or similar application fee; cost for certification of structural soundness; credit report charges; charge for owner' s and mortgagee's evidence or assurance of title; escrow agent' s fee; and sales or transfer taxes. Payment for any such expenses shnot exceed the amount attributable to the purchase of a replacementdwelling. Such expenses shall be reasonable and legally required or customary in the community. Reimbursement shall not be made under the provisions of this paragraph for any fee, cost, charge, or expense which is determined tto be a part of the debt service or finance charge under Title I of the Truth in Lending Act (Pub. L. 90-321) , and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of interest payments. -28- 3 2 _ • , (PYrbwOnt 10 Gow&tnt*en1 Code S•c1:on 11380.1) arnin s. The term "average annual net earnings" as used in this! (f) hey E 5 arnings of the business section means one-half of any net eness or farm operation, befor e federal and state income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from as the the real property acquired for such project, or during such r establishding such head of the public entity determines to be more equitable for establishing earnings, and includes any compensation paid by the business or farmtooperation rm to the ownershis spouse or his dependents during such perod'n ahsole proprie- "o►�rner" as used in this section includes the sole proprietor torshiP, the principal partners in a partnership, and the principal stockholders of deter- of a corporation, as determined by the public entity. ld by a husband�ohisuwpfeeand their mining a principal stockholder, stock ds one unit. cah dependent children shall be treat If a displaced person who conducts a business or farm operation his elects of of to receive a fixed payment under this section, he shall provide pro earnings from the business or farm operation to the agency concerned. Proof g financial statements and of earnings may be established by income tax returns, accounting records or similar evidence acceptable to the public entity. A 6102. Replacement HousingPayments for Homeowners. (a)dwellinaland who public entity sna m laced f a a to a person who Is disprom a 9 satisfies the pertinent eligibility requirements of section 6084 and thenceodndi- tions of subsection (b) of this section, a payment not to exceed a co total of $16,000 for: 1 1) The amount, if any, which when added to the acquisition aostde° t equals the reasonable costs as dwelling acquired for the projec , v' h subsection (c) , of a comparable replacement mined in accordance wit dwelling. This amount shall not exceed the difference between the acqui- t` t the acquired dwelling and the actual purchase price of the -- Z; sition price of ZI r.eplacement dwelling, except where a displaced person, in the circum- ~� stance described in paragraph 6108(a)(1) , is willing to use the extra 3 money to improve the condition of the dwelling. o' (2) The amount, if any, to compensate the displaced person for any Z, o• increased interest costs, as determined in accordance with subsection (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 bonafidemorogtow the imitation of lien on the dwelling for not less than 180 days pir negotiations for acquisition of such dwelling. (This time requirement may be modified in accordance with the provisions of subsection (b) )bbe ow. ) c 3 Reasonable expenses, determined in accordance with su ( ) ) of this section, incurred by the displaced person incident to the purchase of the replacement dwelling. (4) In accordance with section 6106, the cost of rehabilitating a dwelling which does not satisfy the decent, safe and sanitary standard. (b) Eligibility Conditions. (1) A displaced person is eligible for payment under this section if such person: I - i i -26- FOR FILING ADMIMSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Purauont !o Go.&rnrnent Code Soci;on 11380.1) a 6098. Alternate Payments -- Individuals and Families. A person or family, who is displaced from a dwelling and is eligible for a payment for actual rea- sonable moving expenses under section 6090, may elect to receive and shall be paid, in lieu of such payment: (a). A moving expense allowance not to exceed $300, and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and (b) A dislocation allowance of $200. 6100. Alternate Payments -- Businesses and Farm Operations. (a) General . (1 A person who is displaced from his place of business or farm operation and is eligible for payments under sections 6090, 60925 6094, or 609G, and complies with the requirements of this section, may elect to receive and shall be paid, in lieu of such payments, a payment equal to the average annual net earnings of the business or farm operation (but not including a business as described in section 6096) as determined in ` accord;.n;,e with subsection (b) below, except -that such payment shall be not less than $2,500 nor more than $10,000. For purposes of this section, the dollar limitation specified in the preceding sentence shall apply to a single business, regardless of whether it is carried on under one or more leoal entities. (2) Loss of Goodwill . When payment under this section will precede settlement of a claim for compensation for loss of good will 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 �I compensation for loss of goodwill and shall explain in writing that any v` payment made pursuant to Code of Civil Procedure, Sections 1265.510 -� v: et see. (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation Z' 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 approximates the payments for which the displaced person z otherwise would be eligible under Sections 60909 60929 6094, and 6096. o Failure to provide such written statement and explanation shall consti- tute a conclusive 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 substantial loss of its existing patronage, based on a consideration of all pertinent circum- stances 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 engag:-3d in the-same or similar business. Whenever the sole remaining facilit;r. of business which has been displaced from its principal location: (Purwont to G-0.frnn.fnt CO-" S*01&n 11360.1) (3) The cost of any license, permit or certification required be a s displaced business concern to the extent such cost is necessary to th 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 con- sultants' charges) necessary for planning the move of personal property, moving the personal property, or installation of relocated personal property at the replacement site. (5) Where an item of personal property which is used in connection 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 re- placement 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 limitationsand diffi - I culties experienced by low and moderate income persons and small farm and business operations. intended j (d) The specific provisions contained in this section are not rote to preclude a public entity s reliance upon other reasonable means of effec- .r.cl udi ny contracting moves and arranging for assignment of +_,ny a move, ' moving expense payments by displaced persons. (e) Self-moves. Without documentation of moving expenses actually in w„ curred, 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. v� Personal -Property of Low Value and High Bulk' -- Business or Farm z i (f) Persona ....�.m Z' Operation. Where, in the judgment of the public entity, the cost of moving W1 any item of personal property of low value and high bulk which is used in = connection with any business or farm operation would be disproportionate in 3 relation to its value, the allowable reimbursement for the expense of moving Z 1 _such proper exceed the difference between the cost of replacing ty shall not g the same with a comparable item available on the market and the amount which would have been received for such property on liquidation. This provision may in appropriate situations be applied to claims involving the moving of junkyards , stockpiles, sand, gravel , minerals, metals and similar property. (g) Documentation in Support of a Claim. (1) General . Except in the case of a displaced person 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 ex- penses incurred. By prearrangement between the public entity, the site occupant, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the public entity, and the public entity may pay the mover directly. (2) Business and Farm Operations. Each claim in excess of $1 ,000 for the costs incurred by a displaced person for moving his business or farm operation shall be supported by competitive bids in such number as are practical . If the public entity determines that compliance with the bid requirement is impractical or if estimates in an amount of less than $1 ,000 are obtained, a claim may be supported by estimates in lieu of bids. WITH THE SECRETARY OF STATE (tvrsuont to Government Code Sftt:on 11390.1) J 10 The effectiveness in assuring equal opportunity for displaced persons and in reducing patterns of minority-group concentration. (11) The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. (12) The effectiveness of the social service program, including counseling services, in helping residents adjust to relocation and in helping solve individual and family problems. housing market serving the (13) The impact on those segments income groups displaced. Article 3. Relocation Payments. 6080. Purpose, The purpose of this Article is to set forth the types of and specific igibility criteria for, relocation payments t60845plSceci- persons. Basic eligibility conditions are set forth in section Speci- fic. conditions relating to particular payments are described in later sections. 60 82. Relocation Payments b Public Entit . A public entity shall make . relocation pay�-ients to or on behalf of eligible displaced persons in accordance with and to the full extent permitted by this Article. The obligations des- cribed in this Article are in addition to those in Article 6. 6084. Basic Eligibility Conditions. A person establishes basic eligi- N' bility .for relocation payments i in f he satisfies the conditions dchisedersonal section 6034. A person: who moves from real property or who movesP � from real property because he will be displaced from other real property property on which he conducts a business or farm operation, establishes payments eligibility on the basis of the move from such other property y y for 3 made pursuant to section 6090. Z' 60Ro. Notice of I ntent to Displace. A public entity may issue a written ° e after forming a reasonable expecta- ° Notice of Intent to Displace ace at any tim.. tion of acquiring real property. Such a notice, by establishing eligibility prior to acquisition, will enable a public entity to respond to hardship and other situations. 6088. Filina of Claims; Submission of Tax Returns. All claims filed with the public entity shall be submitted-within eighteen months ot the d date oonwhi which which the claimant receives final payment for the property or the he moves, whichever is later. The displacing entity may extend this period upon a proper showing of good cause. Except where specifically provided otherwise a claimant shall not be re- quired to submit a copy of his tax returns in support of a claim for reloca- tion payments. General . A public entity 6090:- Actual Reasonable Moving Expe_nse_s• ati sfi es the pertinent el i gi shall rr►ake a payment to a displaced person who s P bility requirements of section 6084 and the requirements of this section, for actual reasonable expenses specified below and subject to the limitations set -2n- • v. WITH THE SECRETARY Of STATE (Pursuant to Go•�rn►w�nt Code S+ct'+en 11�d0.1) 6055. Termination of Relocation Assistance. A public entity's reloca- tion obligations cease under the fo to wing etreplacement dwelling and . (a) A displaced person moves to p receives all assistance and payments to which he is entiined'refuses reasonable (b) The displaced person moves to substan�ard ousafe,and sanitary offers of additional assistance in moving to aecent repla cement dwelling and receives all payments to which he is entitled. ensure that (c) All reasonable efforts to trace a person have fasued� To in critical the action of. a public entity does not reduce the tracelagpartpcular displaced categories or locations, unsuccessful effort {See person shall not lessen the obligation to provide last resort housing. Article 4.) d The business concern or farm operation has received all assistance ( )ents to which it is entitled and has been successfully elocated or and pa ►� has ceased operations. business or farm refuses reason- (e) A person displaced from his dwelling, able offers of assistance, payments and comparable replacement housing. 60� . �8 Eviction. (a) Eviction is permissible only as a last resort. It in no way affects the eligibility of evicted displaced perso s for el c cir- payments. Relocation records must be documented to refl Pe cu;;,;tances sirrciunding the eviction. (b) Eviction shall be undertaken only for one or more of the following reasons: the 1 Failure to pay rent, except in those cases where re to a 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 1 result of discontinuation or substantial interruption i nthe uni of services. l Ces. -� =I 2 Performance of a dangerous, illegal ac (2) Material breach of the rental agreement and failure to correct ( ) breach within 30 days of notice. 3 4) Maintenance of a nuisance and failure to abate within a reason- z able time following notice. o (5) Refusal to accept one of a reasonable number of offers of - dwellings. i ngs repl zcemer�4t t. • (6) The eviction is required by State or local law a dcannot e c prevented by reasonable efforts on the part of the pubentity. 6060. Evaluation of Relocation. (a) A public entity is encouraged to al uate its relocation program, assessing the quality and quantity acofoservices evaluate to determine the adequacy pro- her provided as well as displacee satisfaction, tannin and to ascertain whet any persons have been denied the full gram planning The evaluation should be benefits and services to which they rtofdfiles and records, case inter- based upon an annual or continual inspection vie ws and inspection of replacement housing and business andions farm frepliarmen t , locations and discussions with local individuals shouldobea .prepared at least with relocation issues. A written evaluation annually. — b The files and records of displaced persons and pro erthatywowneere is shouied be selected at random. The review should include any case revious monitoring as requiring corrective action a n ive action. Bo othhoeluld assess ocationand public entity' s pro e by p Tess in taking correct 9 acquisition activities should be covered by the review. -18- (►urwoM to Go.ornn►'wt Code LVcuon 11380.1) 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 re- sources. 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 market. If a recent survey is available, but it does not. reflect more recent, significant changes in housing market conditions, the survey shall be updated or J t shall not be relied upon. (2) When more than 25 households will be displaced, survey results shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing availability. (3) The survey shall be updated at least annually. (b) The survey area shall be reasonably related to the displacement area i and to the needs and preferences of 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 i exceed those of the neighborhood from which persons are to be displaced. ! (c) A written analysis of relocation housing resources shall be prepared in sufficient detail to enable determination of the availability for all poten- tial displacees of housing which meets the standards set forth in the definition of comparable replacement housing. U; 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 �. Z Nandi capped households shall be shown separately and shall include information 1 on the number of units with special facilities and the nature of such facil- 3� ites. �. The analysis of resources shall include a description of the locational Z, characteristics of the survey area neighborhoods corresponding to the require- o meats of comparable replacement housing. Information shall be provided con f cerning proximity to present employment sources (with the consent of the displaced person a potential employer may be substituted) , medical and re- creationa'l facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity 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. (d) (1) Units which do not satisfy the standards of comparable replace- ment housing, including the locational criteria, shall not be counted as a relocation resource. (2) Uncompleted new construction or rehabilitation shall not be in- cluded 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 1 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 i WITH THE SECRETARY OF STATE (Pvr=uont to Government Code Sedion 11350.1) a (1) Preparation and distribution of informational material as earlybe as practicable, to each occupant of the property. This material shall distributed within 15 days following the initiation of negotiations (see paragraph 6040(a)(1)) and not less than 90 days in advance of displace- ce- ment except for those situations described in subsection 6042(e).for appropriate, separate informational statements shall be prepare resi- dential and for non-residential occupants. (2) Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. (3) Utilizing meetings , newsletters, and other mechanisms , including I local media available to all persons, for keeping occupants of the property informed on a continuing basis. The criterion for selecting among various alternatives shall be the likelihood of actually communicating information to such persons. Legal publications, legal ads in local newspapers of general circulation and similar means which may go unnoticed are deemed to be inadequate. I ( )b Language. Informational material should be prepared in the lan- I guage(s) most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read, write, oused understand English fluently, the native language of the people and all informational material should be provided in the native language(s) and English. (c) Method of Delivery. To assure receipt of the informational material , the local agency should arrange to have the material either hand-delivered to each occupant of the property with a request for a written receipt, or sent by < certified mail , return receipt requested. p` (d)- General and Specific Information. In addition to disseminating general information of the type described in this section, the displacing Z entity shall also provide each person with individual , written notification as soon as his eligibility st W atus has been established. (e) Content of Informational Statement. Attachment A identifies the 3 kinds of information required to be included in statements distributed to Z occupants of the property. The figure lists minimum requirements. The dis- ° placing entity should include any additional information that it believes would be helpful . (See Attachment A. ) 6048. Survey and Analysis of Relocation Needs. 'on of negotiations (1 ir men e_quet. Imrneaiately following the initiate ne g interview all eligible persons, business concerns, including nonprofit organ- izations, and farm operations to obtain information upon hi ch to plan for ance needs. housing and other accommodations, as well as counseling a (2) Coordination with Other Agencies. Other agencies may also be con- ducting 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 cooperation with social service agencies and a referral system should be established. ( � Information to Persons To Be Displaced. The local agency shall rsnthe . relully explain and discuss fully with eachnpeoforelocationwpayments and :kroo:.c of the survey and the nature and ex�e assistance that will be made available. All persons shall be advised and encouraged to visit the relocation office for information and assistance. (Pur)uont to Governn.ent Code S*ction 11380.1) (7) Assist each eligib'e person displaced from his business or farm' operat ion in cstain�ng and becoming established in a suitable replacement" location. (8) Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. (9) Supply to such eligible persons information concerning federal ms , disaster loan and other programs administered and state housing progra by the Small Business Administration, and other federal or state programs, offering assistance to displaced persons. (10) Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recommended that, as needed, such assistance include counseling and referrals with regard to housing, financing,financing, employment, training, health and welfare, as other assistance. ho Inform all persons w are expected to be displaced which eviction policies to be pursued the (11) in carrying out the project, policies shall be in accordance with the provisions of section 5058. b) Relocation Office. When a substantial number of persons will be dis- placed and the relocation staff's office is not easily accessible to those per- sons, a displacing entity is encouraged to establish equipped ed site office which is accessible to all the area residents who may be q � displaced and is staffed with trained or experienced nslunablento visit personnel . the W� Office hours should be scheduled to accommodate persons office during normal business hours. v, c displacing entity shall establish and maintain a formal griev- ante ( ) Each Each .for use by displaced persons seeking administrative review of ~� the entity's determinations. The procedure shall be in accordance with the Z requirements of Article 5. 3 6042. Re lacempnt Housin Prior To Displacement• Notices To Dssdwell�n z Persons. (a No eligible person shall be required to move from h 9 a prior to displacement comparable re- placement within a reasonable period of tim.. P or, in the case of a placement dwellings (as defined in subsection 6008 )replacement, ithe dwellings temporary move (as defined in section 6044) , adequate (as defined in subsection (b) below) are available to suchaperson.in respects (b) The criteria for adequate replacement except that an identical to those for comparablereplacement adequate replacement dwelling, with respect to the number of rooms , habitable living space and type of construction, need be only The requie not rements this (c) Reasonable Offer of Replacement Housing. section shall be deemed to have been satisfied if a person is offered afded refuses without justification reasonable choices of specifically set forth comparable replacer-rent dwellings which fully satisfy the criterie understood in the Guidelines. The offers shall be in writing, in a anguag by the displaced person. The number of offers determined to be reasonable should be not less than three. shall be required to (d) -Noti Ce. tic eligible person occupying property move from d dw.°lling or to move a business or farm operation, without at least 90 days notice from the public entity requiring the displacements. Public entities shall notify each individual tenant to be dosthosedcas well as in each owner-occupant. (These requirements are in addition --� sections 6040 and 6046• ) -12- �pr:jtNUAIlUh Sntlt . La <r.", - FOR FILING AD MINSTRATiVE REGULATIONS WITH THE SECRETARY OF STATE •t , (Pursuont 10 Gowrnm*nt Cod• Section 11380.1) (3) Where a public entity, on property it owns, is making housing available on a permanent basis (i .e. , not pending development) ,ra post- acquisition tenant who moves as the result of a written order he public entity to vacate is eligible for relocation assistance ndlbenefits if the order to vacate is related to a plan to demolish or re a biitate such units. Sale of such units to a private person establishes eligibility without need for a written order to vacate. 6036. Rehabilitation Demolition Code Enforcement. If a public entnty undertakes a rehabilitation or demolition program or enforcement of building codes and as a result a person or business is displaced from privately owned not property, the public entity may provide assistance and benefits, but it is required to do so. If a person or business is displaced by such an undertaking from property acquired by a public entity, the public entity shall provide assistance and benefits. 6038. Relocation Plan. (a) As soon as possible following the icitoa-. tion of negotiations and prior to proceeding with any phase of a prole other activity that will result in displacement a public entity shall rebodyaror a Relocation Plan and submit it for approval to the locallegislative 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 displace- ment, the requirements of this section need not be satisfied. (b) A Relocation Plan shall include the following: W (1) A diagrammatic sketch of the project area. (2) Projected dates of displacement. -- �. re ll (3) A written analysis of the aggregate relocation needs of a g persons to be 'displaced (as required by section 6048) and a detailed Z explanation as to how these needs re tobehousing resources (as required (4) A written analysis of re o by section 6052). C (5) A detailed description of the relocation advisory services 3 z program, including specific procedures for locating and referring eligible o persons to comparable replacement housing. (6) A description of the relocation payments to be made (pursuant 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. all persons to be (9) A standard information statement to sent displaced (as required by section 6046) . (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 (pur- suant-to section 6052) .(14) Trie cu:;.rr,en-::s of the relocation committee, if any (pursuant to section 6012) . (15) A written determination by the public entity that the necessary resources will be available as required. -10- (Pvnvont to Gov*rnrr,*nt Cod* Sock" 11310.1) (3) The right to submit written or oral cormients and objections, , including the right to submit written comments on the relocation plan to and to have these comments attached to the plan when it is forwarded the local legislative body or the head of the state agency for approval . �. (4) Prompt, written response to any written objections or criticisms. 6014. Prerequisite to Displacement. No person shall be displaced until the pub �c entity as fu fM e the obligations imposed by the Act and Guide- , lines. 6016. Remedies. (a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease I dis- il h time as its responsibilities are fulfilled. When appropri- ate -project until such ate -pro�ect implementation shall be suspended or terminated. � (b) Eligible persons who move without offers of assistance and benefits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make every effort to identify and locate such persons. (c) A public entity may pay a complainants attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a suc- cessful administrative appeal or judicial action. (d) The enumeration of remedies in this section is twiintended te d edito I Idiscowrage or preclude the use of other remedies consistent 1 ntent of the Act and Guidelines. Rather a public entity is encouraged to consider and adopt other remedies. v 6018. Priorit of Federal Law. If a public entity undertakes a project � Z with federal inancia assistance and consequently must provide relocation --�. assistance and benefits as required by federal law, the provisions of the Act and Guidelines shall not apply; but if an obligation to provide relocation 3 assistance and benefits is not imposed by federal law the provisions of the z Act and Guidelines shall apply. ° 6020. Severability. If any provision of the Guidelines or the appl i ca- tion thereof is held invalid, such invalidity shall not affect other provisions or applications of the Guidelines which can be given effect without the in- valid provision or application, and to this end the provisions of the Guide- lines are severable. Article 2. Relocation Assistance Advisory Programand Assurance of Comparable Replacement g 6030. Purpose. The purpose of this part is to set forth requirements with respect to the d—evelopment and implementation of a relocation assistance advisory program for the provision of specified services and to prescribe the obligat on of a public entity not to displace c,- cause the displacement of any person from his dwelling without adequate notice and unless comparable replacement housing is available. —8� FOR FILING ADMINMATIVE REGULATIONS WITH THE SECRETARY OF STATE (Purtwont to Government Code UcCon 11380.1) , t e (m) Handica ed Household. A household in which any member is handi- Capped or disab ed. -- (a) Initiation of Negotiations. The initial written offer made by the acquiring entity to the owner of real property to be purchased, or the owner's representative. (o) Mobile Home. A structure, transportable in one or more sections, 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-conditioning, and electrical systems contained therein. A self-propelled vehicle is not a mobile home. I (P) Mortga g e. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (g) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests: (1) A fee title. (2) A life estate. (3) A 50-year lease. (4) A lease with at least 20 years to run from the date of acqui- sition of the property. (5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling. (6) A proprietary interest in a mobilehome. (7) A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by U. devise, bequest, inheritance or operation of law, the tenure of ownership, but j not occupancy, of the succeeding owner shall include the tenure of the preced- ing owner. ~ (r) Person. Any individual , family, partnership, corporation, or asso- • - c i ati on (s) Public Entity. Includes the state, the Regents of the University 3 of California, a county, city, city and county, district, public authority, z public agency, and any other political subdivision or public corporation in o 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 possession of a dwelling, including a sleeping room, which is owned by another. 6010. Prior Determinations. (a) Displacement. No public entity 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 described in Article 2 of the Guidelines will be established, (3) Eligible persons will be adequately informed of the assistance, benefits , policies, practices and procedure , ir,:luding.grievance proce- dures, provided for in these Guidelines. i I i! I -6- .. ...� ..�..r.�.►+•. • yr ...�.� • ' (Pursvont to Government Cod• Sw0ach 13twO.1) r person's present or potential place of employment; provided that a poten'TaI place of employment may not be used to satisfy the accessibility require- ment if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environ- mental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental character- istics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relative, friends, services or organizations with whom there is an existin 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 1968. (4) To the extent practicable and where consistent with paragraph (c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. (5) Within the Financial Means of the Displaced Person. A replace- ment dwelling is within the financial means of a displaced person if the monthly housin cost (including payments for mortgage, insurance and property taxes}g or rental cost (including utilities and other reasonable C. recurring expenses) minus any replacement housing payment available to the person (as provided in sections 6102 and 6104) does not exceed twenty- Z five percent (25%') of the person's average monthly income (as defined in �r subsection 6008(l )) . A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwelling including �. related increased interest costs and other reasonable expenses (as described Z in section 6102) does not exceed the total of the amount of just compensa- tion provided for the dwelling acquired and the replacement housing payment available to the person (as provided in section 6102) . If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. Ud Decent Safe and Sanitar . 1 Housing in sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, 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 cl i rizti c conditions and local codes. (B)• Each nonhousekeeping unit shall be in •-onformance with state and local code standards for boarding hou, , hotels and other dwellings for congregate living. -4- r CONTINUATION SHM FOR FILING ADMINSTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (iur►uoni to Government Codt SWC110n 11380.1) Chapter 6. Relocation Assistance and Real Property Acquisition Guidelines , Article 1. General . 6000. Order of Adoption. This subchapter is adopted pursuant to the I provisions of -Section 411352 Health and Safety Code, in order to implement, interpret and to make specific provisions of Division 7., commencing with Section 7260 of the Government Code (hereinafter referred to as the "Act") , relating to relocation assistance, last resort housing and real property acquisition. 6002. Statement of Purpose and Policy. (a) The purpose of the Guide- lines is to assist public entities in the development of regulations and procedures implementing the Act. (b) The Guidelines are designed to carry out the following policies of the Act: (1) To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer dis- of action taken for the benefit of the proporti�r.a te injury as a result public as a whole; and j (2) In the acquisition of real property by a public entity, to I ensure consistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement with owners .. of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition. (c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replacement dwell- ings (see subsection 6008(c)) will be available within a reasonable period of 3' time prior to displacement. 01 (d) The Guidelines are intended to establish only minimum requirements o 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 displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent. 6004. Applicability Aoplicability and Supersedure. (1 Except as otherwise noted in this sr occurring sections the Guidelines l are applicable to all displacement and acquisition 9 on or after their effective date, January 1, 1977. A public entity may determine that the Guidelines shall at an earlier date be applicable to its di spl ac, ;Went and acquisition. (2) With respect both to redevelopment activities undertaken pursuant to a plan or amendment adopted prior to January 1 , 1976 and to the acqui- sition of real property located within the California coastal zone (as defined in Public Resources Code, Section 301035 S tats. 1976, c. 1330) for Iuse as park lands or open space, the provisions of the Guidelines speci- fically relating to last resort housing shall not be effective until January 1 . 1978. Page • Article 3. Relocation Payments 20 Sections 6080. Purpose 20 6082. Relocation Payments by Public Entity 20 6084. Basic Eligibility Conditions 20 6086-. Notice of Intent to Displace 20 6088. Filing'of Claims; Submission of Tax Returns 20 6090. Actual Reasonable Moving Expenses 20 6092. Actual Direct Losses of Tangible Personal Property 23 6094. Actual Reasonable Expenses in Searching for a Replacement 23 Business or Farm 6096. Moving Expenses -- Outdoor Advertising Businesses 23 6098. Alternate Payments -- Individuals and Families 24 6100. Alternate Payments -- Businesses and Farm Operations 24 6102. Replacement Housing Payments for tseand Certain Others 29 6104. Replacement Housing Payments for Tenan 6106. Proration of Payments 31 6108. Condition of Replacement Dwelling 31 6110. Certificate of Eligibility 32 6112. Mobile Homes 32 6114. Affected Property 33 Article 4. Last Resort Housing 33 Sections 6120. Purpose 33 6122. Determination of Need for Last Resort Housing 34 6124. Development of Replacement Housing Plan 34 6126. Submission of Plan for Comment 35 6128. Determination by Displacing Public Entity of Feasibility and Compliance 35 6130. Implementation of the Replacement Housing Plan 35 6132. Housing Production 36 6134. Jointly Sponsored Development 6136. Last Resort Housing in Lieu of Payments 36 , 6138. Conformity with the Act and Other Statutes, Policies and Procedures 36 , Article 5. Grievance Procedures 36 i Sections 6150. Purpose 36 6152. Right of Review 36 6154. Notification to Complainant 37 6156. Stages of Review by a Public Entity 37 6158. Formal Review and Reconsideration by the Public Entity 38 6160. Refusals to Waive Time Limitation 39 . -2- am Federal Register / Vol. 54, No. 40 / Thursday, March 4 1989 / Rules and Regulations Y� authority under State law,can comply Subpart for Moving and promote public confidence in Federal with the Uniform Act with a minimum Related Expensn and federally-assisted land acquisition amount of Federal supervision or 24.301 Payment for actual reasonable programs; oversight.This certification procedure moving and related expenses— would give maximum authority and residential moves. (b)To ensure that persons displaced control to the State governor,or his or 24= Fixed payment for morimg as a direct result of Federal or federally- her designee,in managing and expenses—residential moves, assisted projects are treated fairly, coordinating the certification procedure 24•303 Payment for actual reasonable consistently,and equitably so that such in each State. moving and related expenses-- personal will not suffer disproportionate nonresidential moves. injuries as a result of projects designed List of Subjects in 49 CFR part 24 24.304 Reestablishment expenses— for the benefit of the public as a whole; nonresidential moves. and Real property acquisition,Relocation 24.305 Ineligible moving and related assistance,Reporting and recordkeeping expenses. (c)To ensure that Agencies implement requirements,Transportation. 24.306 Fixed payment for moving these regulations in a manner that is expenses—nonresidential moves. efficient and cost effective. Accordingly,Title 49 of the Code of 24.307 Discretionary utility relocation Federal Regulations is amended as set payments. 124.2 Deflnttions. forth below. Subpart E—Replacement Housing (a)Agency.The term"Agency"means Issued on:February 22,19a9. Payments the Federal agency,State,State agency, Robert E.Farris, 24.401 Replacement housing payment for or person that acquires real property or Federal JLgh way Administrotor. 180-day homeowner-occupants. displaces a person. 24.402 Replacement housing payment for 90- (1)Acquiring agency.The term Part 24 is revised to read as follows: „ day tents. acquiring agency"means a State PART 24—UNIFORM RELOCATION 24'403 Additional rules governing agency,as defined in paragraph(a)(2)of ASSISTANCE AND REAL PROPERTY replacement housing payments, this section,which has the authority to ACOUISMON FOR FEDERAL AND 24.404 Replacement housing of last resort, acquire property by eminent domain FEDERALLY ASSISTED PROGRAMS Subpart F—Moblie Homes under State law,and a State agency or Subpart A--Genaral 24.5M Applicability. person which does not have such 24.502 Moving and related expenses— authority.Any Agency or person solely See. mobile homes. acquiring property pursuant to the 24.1 Purpose. 24253 Replacement housing payment for provisions of§24.101(a)(1).(2),(3),or 24.2 Definitions. 180-day mobile homeowner-occupants. (4)need not provide the assurances 24.3 No duplication of payments. 24-� Replacement housing payment for 90- required by 124.4(a)(1)or(2). 24.4 Assurances monitoring and corrective day mobile home occupants. (2)Displacing agency.The term action. 24.505 Additional rubes governing relocat3aa displacing agency"means any Federal 24S Manner of notices. payments to mobile home occupants. 24-a Administration of jointly-fimded Subpart n agency carrying out a program or projects. Project,and any State,State agency,or 24.7 Federal agency waiver of regulations. 24.8M Purpose. person carrying out a program or project 24.8 Compliance with other laws and 24'W2 Certification application. with Federal financial assistance,which 24.603 Mnaitoring and oorrecttve action. person p regulations. Appendix A to Fart 24--Additional causes a on to be a displaced 24.9 Recordkeeping and reports. Information At o person. 24.10 Appeals. Appendix B to Part 24-Statistical Report (3)Federal agency.The term"Federal Subpart B--Real Property Acqu:lsttion Form agency"means any department, 24.101 Applicability of acquisition Authority:Section 213,Uniform Relocation Agency,or instrumentality in the requirements. Assistance and Real Property Acquisition executive branch of the Government, 24.1U2 Basic acquisition policies. Policies Act of 1970 Pub.L 91-846,84 Stat. any wholly owned Government 24.103 Criteria for appraisal& 1894(42 U.S.C.4801)as amended by the corporation,the Architect of the Capitol, 24.104 Review of appraisals. Surface Transportation and Uniform the Federal Reserve Banks and branches 24.105 Acquisition of tenant-owned Relocation Assistance Act of IW7,Tide IV of thereof,and any person who has the improvements, Pub.L 100-17,101 Stat.246-258(42 U.S.C. authority to acquire property by eminent 24.106 Expenses incidental to transfer of 4W1 note);and 49 CFR 1.48(ccl. domain under Federal law. title to the Agency. 24.107 Certain litigation expenses. Subpart A--General (4)State agency.The term"State 24.108 Donations. 124.1 Purpose, agency"means any department,Agency Subpart RekocaUon or instrumentality of a State or of a Subpart C--b The purpose of this part is to political subdivision of a State,any Promulgate rules to implement the department.Agency,or instrumentality 24= Purpose. Uniform Relocation Assistance and Real of two or more States or of two or more 24-= Applicability. Property Acquisition Policies Act of political subdivisions of a State or ; 24.2M Relocation notices. 1970,as amended(42 U.S.C.4601 et States,and any person who has the 24=4 Availability of comparable seq.),in accordance with the following authority to acquire property by eminent replacement dwelling before objectives: domain under State law. displacement. 24=5 Relocation planning,advisory (a)To ensure that owners of real (b)Appraisal.,The term"appraisal" services,and coordination. property to be acquired for Federal and means a written statement 24.206 Eviction for cause. federally-assisted projects are treated independently and impartially prepared ' 24M7 General requirements--claims for fairly and consistently,to encourage and by a qualified appraiser setting forth an relocation payments. expedite acquisition by agreements with opinion of defined value of an 24.2oa Relocation payments not considered such owners,to minimize litigation and adequately described property as of a , as dome• relieve congestion in the courts,and to specific date,supported by the Exhibit B i Federal Register / Vol. 54, No. 40 / Thursday, March Z 1%9 / Rules and Regulations 8= presentation and analysis of relevant dwelling for a person receiving approve the use of other criteria as market information. government housing assistance before determined appropriate. (c)Business.The term"business" displacement may reflect similar (f)Deceen4 safe,and sanitary means any lawful activity,except a farm government housing assistance.(See dwelling.The term"decent,safe,and operation.that is conducted: Appendix A of this part.);and sanitary dwelling"means a dwelling (1)Primarily for the purchase,sale, (8)Within the financial means of the which meets applicable housing and lease and/or rental of personal and/or displaced person. occupancy codes.However,any of the real property,and/or for the (i)A replacement dwelling purchased following standards which are not met manufacture,processing.and/or by a homeowner in occupancy at the by an applicable code shall apply unless marketing of products,commodities, displacement dwelling for at least 180 'waived for good cause by the Federal and/or any other personal property;or days prior to initiation of negotiations agency funding the project.The dwelling (2)Primarily for the sale of services to (180-day homeowner)is considered to shall: the public:or be within the homeowner's financial 3)Primarily for outdoor advertising (1)Be structurally sound, ( Y ing means if the homeowner will receive the weathertight,and in good repair. display purposes,when the display must full price differential as described in (2)Contain a safe electrical wiring be moved as a result of the project;or 124.401(c),all increased mortgage system adequate for lighting and other (4)By a nonprofit organization that interest costs as described at 124.401(d) devices. has established Its nonprofit status and all incidental expenses as described (3)Contain a heating system capable under applicable Federal or State law. at 4 24.401(e),plus any additional of sustaining a healthful temperature(of (d)Comparable replacement dwelling. amount required to be paid under approximately 70 degrees)for a The term"comparable replacement J 24.404.Replacement housing of last displaced person,except in those areas dwelling"means a dwelling which is: resort. where Local climatic conditions do not (1)Decent,safe and sanitary as (ii)A replacement dwelling rented by require such a a stem. described in paragraph(f)of this an eligible displaced person is q Y section; considered to be within his or her (4)Be adequate in size with respect to (2)Functionally equivalent to the financial means if,after receiving rental the number of rooms and area of living displacement dwelling.The term assistance under this part,the person's space needed to accommodate the "functionally equivalent"means that it monthly rent and estimated average person.There shall be a performs the same function,provides the monthly utility costs for the replacement separate,well lighted and ventilated same utility,and is capable of dwelling do not exceed the person's bathroom that provides privacy to the contributing to a comparable style of base monthly rental for the user and contains a sink,bathtub or living.While a comparable replacement displacement dwelling as described at shower stall,and a toilet,all in good dwelling need not possess every feature 24,4(b)(2), working order and properly connected ,,..of the displacement dwelling,the (iii)For a displaced person who is not to appropriate sources of water and to a -incipal features must be present. eligible to receive a replacement housingsewage drainage system.In the case of a .;enerally,functional equivalency is an pyment because of the person's failure housekeeping dwelling,there shall be a objective standard,reflecting the range to meet length-of-occupancy kitchen area that contains a fully usable of purposes for which the various requirements,comparable replacement sink.properly connected to potable hot physical features of a dwelling may be rental housing is considered to be within and cold water and to a sewage used.However,in determining whether the person's financial means if an drainage system,and adequate space a replacement dwelling is functionally Agency pays that portion of the monthly and utility service connections for a equivalent to the displacement dwelling, housing costs of a replacement dwelling stove and refrigerator. e--ic Agency may consider reasonable which exceeds 30 percent of such (5)Contains unobstructed egress to tra:ie-offs for specific features when the person's gross monthly household safe,open space at ground level.If the replacement unit is"equal to or better income or,if receiving a welfare replacement dwelling unit is on the than the displacement dwelling.(See assistance payment from a program that second story or above,with access Appendix A of this part); designates amounts for shelter and directly from or through a common (3)Adequate in size to accommodate utilities,the total of the amounts corridor,the common corridor must the occupants; designated for shelter and utilities.Such have at least two means of egress. (4)In an area not subject to rental assistance must be paid under (6)For a displaced person who is unreasonable adverse environmental §24.404.Replacement housing of last handicapped be free of any barriers conditions; resort. which would preclude reasonable (5)In a location generally not less (e)Contribute materially.The term ingress,egress,or use of the dwelling by desirable than the location of the "contribute materially"means that such displaced person. displaced person's dwelling with respect during the 2 taxable years prior to the (g)Displaced person—(1)General. to public utilities and commercial and taxable year in which displacement The term"displaced person"means any public facilities,and reasonably occurs,or during such other period as person who moves from the real accessible to the person's place of the Agency determines to be more property or moves his or her personal employment; equitable,a business or farm operation: property from the real property:('Phis (6)On a site that is typical in size for (1)Had average annual gross receipts includes a person who occupies the real residential development with normal of at least$5000;or property prior to its acquisition,but who site improvements,including customary (2)Had average annual net earnings does not meet the length of occupancy landscaping.The site need not include of at least$1000;or requirements of the Uniform Act as special improvements such as (3)Contributed at least 33%percent described at¢24.401(a)and 24.402(a)): outbuildings,swimming pools,or of the owner's or operator's average (i)As a direct result of a written ,,.greenhouses.(See also 124.403(a)(2).); annual gross income from all sources. notice of intent to acquire,the initiation (7)Currently available to the (4)If the application of the above of negotiations for,or the acquisition of, aisplaced person on the private market criteria creates an inequity or hardship such real property in whole or in part for However,a comparable replacement in any given case,the Agency may a project. 8930 Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations •- (ii)As a direct result of rehabilitation property.In such cases,however,any (2)Whenever the displacement Is . or demolition for a project;or resulting displacement of a tenant is caused by rehabilitation,demolition or (III)As a direct result of a written subject to the regulations in this part;or privately undertaken acquisition of the notice of intent to acquire,or the (ix)A person who retains the right of real property(and there is no related acquisition,rehabilitation or demolition use and occupancy of the real property acquisition by a Federal agency or a of,in whole or in part,other real for life following its acquisition by the State agency),the"initiation of property on which the person conducts a Agency;or negotiations"means the notice to the business or farm operation,for a project. (x)A person who retains the right of person that he or she will be displaced However,eligibility for such person use and occupancy of the real property by the project or,if there is no notice, under this paragraph applies only for for a fixed term after its acquisition by the actual move of the person from the purposes of obtaining relocation the Department of Interior under Pub.L. property. assistance advisory services under 93-477 or Pub.L 93-03;or (3)In the case of a permanent 4 24.205(�,and moving expenses under (xi)A person who is determined to be relocation to protect the public health 1 24.301, 24.302 or 124.303. in unlawful occupancy prior to the and welfare,under.the Com rehensive (2)Persons not displaced.The initiation of negotiations(see paragraph p following is a nonexclusive listing of (y)of this section),or a person who has and Environmental Response Compensation persons who do not qualify as displaced been evicted for cause,under applicable and Liability Act of 1980(Pub.L 96-510, persons under this part: law,as provided for in 124.206. or"Superfund")the"initiation of (i)A person who moves before the (h)Dwelling.The term"dwelling" negotiations"means the formal initiation of negotiations(see also means the place of permanent or announcement of such relocation or the 124.403(e)),unless the Agency customary and usual residence of a Federal or federally-coordinated health determines that the person was person,according to local custom or advisory where the Federal Government displaced as a direct result of the law,including a single family house;a later decides to conduct a permanent program or project;or single family unit in a two-family,multi- relocation. (ii)A person who initially enters into family,or multi-purpose property;a unit 0)Lead agency.The term"lead occupancy of the property after the date of a condominium or cooperative agency"means the Department of of its acquisition for the project;or housing project;a non-housekeeping Transportation acting through the (iii)A person who has occupied the unit;a mobile home;or any other Federal Highway Administration. property for the purpose of obtaining residential unit ,4 (m)Mortgage.The term"mortgage" assistance under the Uniform Act; (i)Form operation.The term .farm means such classes of liens as are (iv)A person who is not required to operation`means any activity advances on, commonly given to secure adva relocate permanently as a direct result conducted solely or primarily for the or the unpaid purchase price va real of a project.Such determination shall be production of one or more agriculturalof. ,�.. made by the Agency in accordance with products or commodities,including property,under the laws of the State in any guidelines established by the timber,for sale or home use,and which the real property is located. Federal agency funding the project(see customarily producing auch'products or together with the credit instruments,if, Also Appendix A of this part);or commodities in sufficient quantity to be any secured thereby. ffi (v)An owner-occupant who moves as capable of contributing materially to the (n)Nonprofit organization.The term a result of an acquisition as described at operator's support. "nonprofit organization"means an I J 24.101(a) (1)and(2),or as a result of 0)Federal financial assistance.The organization that is incorporated under the rehabilitation or demolition of the term"Federal financial assistance" the applicable laws of a State as a non- real property.(However,the means a grant,loan,or contribution profit organization,and exempt from displacement of a tenant as a direct prodded by the United States,except paying Federal income taxes under result of any acquisition,rehabilitation any Federal guarantee or insurance and section 501 of the Internal Revenue or demolition for a Federal or federally- any interest reduction payment to an Code(28 U.S.C.501). assisted project is subject to this part.); individual in connection with the (o)Notice of intent to acquire or or purchase and occupancy of a residence notice of eligibility for relocation (vi)A person whom the Agency by that individual. assistance.Written notice furnished to a determines is not displaced as a direct (k)Initiation of negotiations.Unless a person to be displaced,including those result of a partial acquisition;or different action is specified in applicable to be displaced by rehabilitation or (vii)A person who,after receiving a Federal program regulations,the term demolition activities from property notice of relocation eligibility(described "initiation of negotiations"means the acquired prior to the commitment of at 124.203(b)),is notified in writing that following: Federal financial assistance to the he or she will not be displaced for a (1)Whenever the displacement results activity,that establishes eligibility for project Such notice shall not be issued from the acquisition of the real property relocation benefits prior to the initiation unless the person has not moved and the by a Federal agency or State agency,the Agency agrees to reimburse the person "initiation of negotiations"means the of negotiation and/or prior to the for any expenses incurred to satisfy any delivery of the initial written offer of commitment of Federal financial binding contractual relocation just compensation by the Agency to the assistance. obligations entered into after the owner or the owner's representative to (p)Owner of a dwelling.A person is effective date of the notice of relocation purchase the real property for the considered to have met the requirement eligibility;or project.However,if the Federal agency to own a dwelling if the person (viii)An owner-occupant who or State agency issues a notice of its purchases or holds any of the following voluntarily conveys his or her property, intent to acquire the real property,and a interests in real property; as described at§24.101(a)(1)and(2). person moves after that notice,but (1)Fee title,a life estate,a land after being informed in writing that if a before delivery to the initial written. contract,a 99-year lease,or a lease mutually satisfactory agreement on purchase offer,the"initiation of including any options for extension with terms of the conveyance cannot be negotiations"means the actual move of at least 50 years to run from the date of reached,the Agency will not acquire the the person from the property. acquisition;or Federal Register / Vol. 54. No. 40 / Thursday, March Z, 1989 / Rules and Regulations 8931 ' (2)An interest in a cooperative prior to the initiation of negotiations or assurances shall be in accordance with ..•., housing project which includes the right is determined by the Agency to be a section 305 of the Uniform Act and must to occupy a dwelling,or squatter who is occupying the real contain specific reference to any State (3)A contract to purchase any of the property without the permission of the law which the Agency believes provides interests or estates described in owner and otherwise has no legal right an exception to section 301 or 302 of the paragraphs (p)(1)or(2)of this section. to occupy the property under State law. Uniform Act.If,in the judgment of the or A displacing agency may,at its Federal agency,Uniform Act compliance (4)Any other interest,including a discretion,consider such a squatter to will be served,a State agency may partial interest,which in the judgment of be in lawful occupancy. provide these assurances at one time to the Agency warrants consideration as (z) Utility costs.The term"utility cover all subsequent federally-assisted ownership. costs means expenses for heat,lights, t� (q)Person.The term"person"means water and sewer programs or projects.An Agency which �= any individual,family,partnership, (aa) Utility facility.The term"utility both acquires real property and corporation,or association. facility"means any electric,gas,water, displaces persons may combine its (r)Program or project:The phrase steampower,or materials transmission section 210 and section 305 assurances • "program or project"means any activity or distribution system;any in one document. ,�1. or series of activities undertaken by a transportation system:any (2)If a Federal agency or State agency . Federal agency or with Federal financial communications system,including cable provides Federal financial assistance to Y assistance received or anticipated in television;and any fixtures,equipment, a"person"causing displacement,such any phase of an undertaking in or other property associated with the Federal or State agency is responsible S accordance with the Federal funding operation,maintenance,or repair of any for ensuring compliance with the i agency guidelines. such system.A utility facility may be requirements of this part, i (s)Salvage value.The term"salvage publicly,privately,or cooperatively notwithstanding the person's value"means the probable sale price of owned. contractual obligation to the grantee to an item,if offered for sale on the (bb) Utility relocation.The term comply. condition that it will be removed from "utility relocation"means the (3)As an alternative to the assurance the property at the buyer's expense, adjustment of a utility facility required described in requirement allowing a reasonable period of time to by the program or project undertaken b q paragraph find a person buying with knowledge of the displacing agency.It includes y (a)(1)of this section,a Federal agency the uses and purposes for which it is removing and reinstalling the facility may provide Federal financial adaptable and capable of being used, including necessarytemporary assistance to a State agency after it has including separate use of serviceable porary facilities; accepted a certification by such State acquiring necessary right-of-way on new components and scrap when there is no location;moving,rearranging or agency in accordance with the reasonable prospect of sale except on changing the type of existing facilities; requirements in Subpart G of this part. that basis. and an necessary Monitors an (t)Small business.A business he ' �� y m'Y safety and � (b)Monitoring d corrective action. S protective measures.It shall also mean The Federal agency will monitor at least one,but not more than being constructing a replacement facility that compliance with this part,and the State employees working d the site being has the functional equivalency of the agency shall take whatever corrective t acquired or displaced by a program or project. existing facility and is necessary for the action is necessary to comply with the (u)State.Any of the several States of continued operation of the utility Uniform Act and this part.The Federal the United States or the District of service,the project economy,or agency may also apply sanctions in Columbia,the Commonwealth of Puerto sequence of project construction. accordance with applicable program Rico,any territory or possession of the 24 regulations.(Also see 124.603,Subpart United States,the Trust Territories of .3 No duplication of payments, G.) the Pacific Islands or a political No person shall receive any payment (c)Prevention of fraud,waste,and subdivision of any of these jurisdictions. under this part if that person receives a mismanagement.The Agency shall take (v) Tenant.The term"tenant"means Payment under Federal.State,or local appropriate measures to carry out this a person who has the temporary use and law which is determined by the Agency part in a manner that minimizes fraud, occupancy of real property owned by to have the same purpose and effect as waste,and mismanagement another. such payment under this part.(See (w)Uneconomic remnant:The term Appendix A of this part, 124.3.) 124.5 Manner at notices. "uneconomic remnant"means a parcel ¢24.4 Assurances,nwni and Each notice which the Agency is of real property in which the owner is corrective action. required to provide to a property owner left with an interest after the partial ant or occupant under this acquisition of the owners property,and (a)Assurances--(I)Before a Federal P part,except the notice described at which the acquiring agency has agency may approve any grant to,or 24.102(b),shall be determined has little or no value or contract,or agreement with,a State personally served or sent by certified or utility to the owner. agency under which Federal financial registered first-class mail,return receipt (x) Uniform Act.The term"Uniform assistance will be made available for a requested,and documented in Agency Act"means the Uniform Relocation project which results in real property files.Each notice shall be written in k Assistance and Real Property acquisition or displacement that is plain,understandable language.Persons Acquisition Policy Act of 1970(84 Stat. subject to the Uniform Act,the State who are unable to read and understand 1894;42 U.S.C.4601 et seq.;Pub.L 91— agency must provide appropriate the notice must be provided with M).and amendments thereto. assurances that it will comply with the appropriate translation and counseling. (y)Unlawful occupancy.A person is Uniform Act and this part.A displacing Each notice shall indicate the name and considered to be in unlawful occupancy agency's assurances shall be in telephone number of a person who may if the person has been ordered to move accordance with section 210 of the be contacted for answers to questions or by a court of competent Jurisdiction Uniform Act.An acquiring agency's other needed help. 8932 Federal Register f Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations 24.6 Administration of)ointty-funded (i)Executive Order 11248— ual projects. Eq (c) Time limit for initiating appeal. Whenever two or more Federal Employment Opportunity. The Agency may set a reasonable time 6)Executive Order 11825--Minority limit for a person to file an appeal.agencies provide financial assistance to Business Enterprise. time limit shall not be less than n60 days an Agency or Agencies,other than a (k)Executive Orders 119M Floodplain after the person receives written Federal agency,to carry out functionally Management,and 11990,Protection of notification of the Agency's or geographically related activities Wetlands. determination on the person's claim. which will result in the acquisition of (1)Executive Order 12250--Leadership (d)Rightlo representation.A person property or the displacement of a person,the Federal agencies may by and Coordination of Non-Discrimination has a right to be represented by legal Laws. agreement designate one such agency as counsel or other representative in the cognizant Federal agency.In the (m)Executive Order 12259— connection with his or her appeal,but unlikely event that agreement among the Leadership and Coordination of Fair solely at the person's own expense. Agencies cannot be reached as to which Housing in Federal Programs. (e)Review of files by person making agency shall be the cognizant Federal (n)Executive Order 12630— appeal.The Agency shall permit a agency,then the lead agency shall Governmental Actions and Interference person to inspect and copy all materials designate one of such agencies to with Constitutionally Protected Property pertinent to his or her appeal,except assume the cognizant role.At a Rights. materials which are classified as minimum,the agreement shall set forth 124.9 Recordkee in and confidential by the Agency.The Ag.,ncy the federally assisted activities which 9 ° may,however,impose reasonable are subject to its terms and cite any (a)Records.The Agency shall conditions on the person's right to maintain adequate records of its inspect,consistent with applicable laws. policies and procedures,in addition to acquisition and displacement activities this part,that are applicable to the in sufficient detail to demonstrate (fl Scope of review of appeal.In activities under the agreement.Under compliance with this art.These records deciding an appeal,the Agency shall the agreement,the cognizant Federal p consider all pertinent justification and agency shall assure that the project l in shall be retained for at least 3 years other material submitted by the person, t P l after each owner of a property and each and all other available information that # compliance with the provisions of the person displaced from the property Uniform Act and this part.All federally receives the final a P P is needed to ensure a fair and full assisted activities under the agreement payment to which he review of the appeal. shall be deemed a project fore or she is entitled under this part,or in (g)Determination and notification - purposes of this part. accordance with the applicable after appeal.promptly after receipt of all regulations of the Federal funding information submitted by a person in � ti rat agency waiver of agency,whichever is later. support of an appeal,the Agency shall (b)Confidentiality of records.Records make a written determination on the The Federal agency funding the maintained by an Agency in accordance appeal,including an explanation of the project may waive any requirement in with this Part are confidential regarding basis on which the decision was made, this part not required by law if it their use as public information,unless and furnish the person a copy.If the full determines that the waiver does not applicable law provides otherwise. relief requested is not granted the reduce any assistance or-protection (c)Reports.The Agency shall submit ' provided to an owner or displaced report of its real roe Agency shall advise the person of his or p a re o property rty acquisition her right to seek judicial review. person under this part Any request for a and displacement activities under this waiver shall be justified on a case-by- Part if required b the Federal-agency Agency official to review appeal. Y g c3' The Agency official conducting the case basis. funding the project.A report will.not be review of the appeal shall be either the required more frequently than every 3 head of the Agency or his or her 124.3 Compliance with other laws and years,or as the Uniform Act provides, authorized designee.However, �u�ons" unless the Federal fun en .the' The implementation of this part must shows good cause.The port shall be official shall not have been directly be In compliance with other applicable prepared and submitted in the format be in the action appealed. Federal laws and implementing contained in Appendix B of this art. Sub regulations,including,but not limited to, p P 8-"R�Property Acq�lsftion the following: 124.10 Appeals. ¢24.iQ1 Applicability of acquisition (a)Section I of the Civil Rights Act of (a)General.The Agency shall reco.enwnts. 1866(42 U.S.C.1982 et seq.). promptly review appeals in accordance (a)General.The requirements of this (b)Title VI of the Civil Rights Act of with the requirements of applicable law subpart apply to any acquisition of real 1964(42 U.S.C.2000d et seq.). and this part. property for a Federal program or (c)Title VIII of the Civil Rights Act of (b)Actions which maybe appealed project,and to programs and projects 19M(42 U.S.C.36M et seq.),as Any aggrieved person may file a written where there is Federal financial amended. appeal with the Agency in any case in assistance in any part of project costs. . .(d)The National Environmental Policy which the person believes that the . except for.. Act of 1969(42 U.S.C:4321 et seq.). ' Agency has failed to properly consider (1)Voluntary transactions that meet (e)Section 504 of the Rehabilitation the person's application for assistance all of the following-conditions: Act of 1973(29 U.S.C.790 et seq.): under this part.Such assistance may (i)No specific site or property needs (f)The Flood Disaster Protection Act include,but is not limited to,the of 1973(Pub. to be acquired,although the Agency L.93-234). person's eligibility for,or the amount,of,.' �may limit its search for alternativ sites (g)The Age Discrimination Act of a payment required under 124.106 or to a general geographic area.Where an 1975(42 U.S.C.6101'et seq.). 24.107,or a relocation payment Agency wishes to purchase more than (h)Executive Order 11063—Equal required under this part The Agency one site within a geographic area on this Opportunity and Housing,as amended shall consider a written appeal basis,all owners are to be treated by Executive Order 12259. regardless of form. similarly. Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations 89J3 (H)The property to be acquired is not owner by law and this part.(See also basis for the offer of just compensation: �, ..,.part of an intended,planned,or 124.203.) and.explain its acquisition policies and designated project area where all'or (c)Appraisal, waiver thereof,and procedures,including its payment of substantially all of the property within invita!ion to owner.(1)Before the incidental expenses in accordance with the area is to be acquired within specific initiation of negotiations the real g 24.106.The owner shall be given time limits. property to be acquired shall be reasonable opportunity to consider the (iii)The Agency will not acquire the appraised,except as provided in offer and present material which the property in the event negotiations fail to 24.102(c)(2).and the owner,or the owner believes is relevant to result in an amicable agreement,and the owner's designated representative,shall determining the value of the property owner is so informed in writing. be given em opportunity to accompany and to suggest modification in the (iv)The Agency will inform the owner the appraiser during the appraiser's proposed terms and conditions of the of what it believes to be the fair market inspection of the property. - purchase.The Agency shall consider the value of the property. (2)An appraisal is not required if the owner's presentation. (2)Acquisitions for programs or owner is donating the property and (g)Updating offer of just projects undertaken by an agency or releases the Agency from this obligation, compensation..If the information person that receives Federal financial or the Agency determines that an presented by the owner,or a material assistance but does not have authority appraisal is unnecessary because the change in the character or condition of to acquire property by eminent domain, valuation problem is uncomplicated and g the Property,indicates the need for new provided that such Agency or person the fair market value is estimated at shall: $2,500 or less,based on a review of appraisal information,or if a significant (i)Prior to making an offer for the available data. delay has occurred since the time of the property,clearly advise the owner that (d)Establishment and offer of just appraisals)of the property,the Agency it is unable to acquire the property in the compensation.Before the initiation of shall have the appraisal(s)updated or event negotiations fail to result in an negotiations.the Agency shall establish obtain a new appraisa If the latest indicates amicable agreement;and an amount which it believes is just appraisal information ndicates that a (ii)Inform the owner of what it compensation for the real property.The change in the purchase offer is believes to be fair market value of the amount shall not be less than the warranted,the Agency shall promptly property. approved appraisal of the fair market reestablish just compensation and offer (3)The acquisition of real property value of the property,taking into that amount to-the owner in writing. from a Federal agency,State,or State account the value of allowable damages (h)Coercive action.The Agency shall agency,if the Agency desiring-to make or benefits to any remaining property. not advance the time of condemnation, the purchase does not have authority to (See also 124.104.)Promptly thereafter, or defer negotiations or condemnation acquire the property through the Agency shall make a written offer to or the deposit of funds with the court,or condemnation. the owner to acquire the property for the take any other coercive action in order (4)The acquisition of real property by full amount believed to be just to induce an agreement on the price to a cooperative from'a person who,as a compensation. be paid for the property. condition of membership in the (e)Summary statement.Along with (i)Administrative settlement.The cooperative,has agreed to provide the initial written purchase offer, the purchase price for the property may without charge any real property that is owner shall be given a written exceed the amount offered as just needed by the cooperative. _ . statement of the basis for the offer of compensation when reasonable efforts (b)Less-than-full-fee interest in real just compensation,which shall include: to negotiate an agreement at that property.In addition to fee simple title, (1)A statement of the amount offered amount have failed and an authorized the provisions of&.is subpart apply as just compensation.In the case of a Agency official approves such when acquiring fee title subject to partial acquisition,the compensation for administrative settlement as being retention of a life estate or a life use;to the real property to be acquired and the reasonable,prudent,and in the public acquisition by leasing where the lease compensation for damages,if any,to the interest.When Federal funds pay for or term,including option(s)for extension, remaining real property shall be is 50 years or more;and to the' separately stated. writen justification shall be participate in acquisition costs,a acquisition of permanent easements. (2)A description and location which indicates that available repared (See Appendix A of this part. identification of the real property and g 24.101(b).) � the interest in the real property to be information(e.g.,appraisals,recent (c)Federally-assisted projects.For acquired• court awards,estimated trial costa or projects receiving Federal financial . (3)An identification of the buildings, valuation.problems)supports such a assistance,the provisions of J$24.102, structures, and other improvements settlement. .. . . 24.103,24.104,and 24.105 apply to the (including removable building 0)Payment before taking possession. greatest extent practicable under State equipment and trade fixtures)which are Before requiring the owner.to surrender law.(See 124.4(a).) considered to be part of the real possession of the real property,the property for which the offer of just Agency shall pay the agreed purchase 24.102 Basic acquisition poiici*s, compensation is made.Where .price to the owner,or in the case of a (a)Expeditious acquisition.The appropriate,the statement shall identify condemnation.deposit with the court' Agency shall make every reasonable any separately held ownership interest for the benefit of the owner,an amount effort to acquire the real property in the property,e.g.,a tenant-owned not less than the Agency's approved expeditiously by negotiation. ' improvement,and indicate that such appraisal of the fair market value of (b)Notice to owner.As soon as interest is not covered by the offer. such property,or the court award of feasible,the owner shall be notified of (f)Basic negotiation procedures.The compensation in the condemnation the Agency's interest in acquiring the Agency shall make reasonable efforts to proceeding for the property.In real property and the basic protections, contact the owner or the owner's exceptional circumstances,with the including the agency's obligation to representative and discuss its offer to prior approval of the owner,the Agency secure an appraisal,provided to the purchase the property,including the may obtain a right-of-entry for 8934 Federal Register / Vol. -54. No. 40 / Thursday, March Z 19N / Rules and Regulations construction purposes before making commonly accepted professional shall not be based on the'amo� payment available to an owner. appraisal practices.When sufficient valuation.No a unt of the (k)Uneconomic remnant.If the- market sales data are available to ne' otiator for realraiser shall act as a acquisition of only a portion of a reliably support the fair market value for Person has appraised, a ce t that that property would leave the owner with an the specific appraisal problem except that the uneconomic remnant,the Agency shall encountered,the en Agency may permit the same person to offer to acquire the uneconomic remnant discretion,may require only the market acquisiboth tioril where se d the value'of along with-the portion of the property approach.If more than one approach is 'acquisition of the-' needed for the project'(See f 242(w),) utilized,there shall be an analysis and c�wsition is$2,500,or less. (1)Inverse condemnation.If the reconciliation of approaches to value 124.104 Review of appra"& Agency intends to acquire any interest that are sufficient to support the in real property by exercise of the power appraiser's opinion of value. The Agency shall have an appraisal of eminent domain,it shall institute (4)A description of comparable sales, view process and,at a minimum: formal condemnation proceedings and including a description of all relevant (a)A qualified reviewing appraiser not intentionally make it necessary for physical,legal,and economic factors shall examine all appraisals to assure the owner to institute legal proceedings such as parties to the transaction, that they meet applicable appraisal to prove the fact of the taking of the real source and method of financing,and requirements and shall,prior to property. acceptance,seek necessary corrections verification by a party involved in the.'(m)Fair rental.If.the Agency permits transaction. or revisions. a former.owner or tenant to occupy the j5)A statement of the raIue of the real (b)If the reviewing appraiser is real property after acquisition fora property to be acquired and,for a partial unable to approve or recommend short term or a period subject to acquisition,8 statement of the value of approval of.an a termination b' the ppraisal'as an adequate Y Agency on short the damages and benefits,if`any,to the basis for the establishment of the'offer notice,the rent shall not exceed the fair remaining real property,where of just compensation,and it is'. . market rent.for such ocdupancy. i` appropriate. determined that.it is not practical.to ¢24.103 Criteria tar,appraisahL (6)The effective date of valuation, obtain an additional appraisal,the ` {a)Standards o a raisal.'The format date of appraisal,signature,and reviewing appraiser may develop and level of documentation for an certification of the appraiser. . appraisal documentation in accordance appraisal depend on the complexity of .(b)Influence of the project on just with 1 24.103 to support an approved or the appraisal problem.The shall compensation.To the extent permitted recommended value. develop minimum standards for by applicable law,the appraiser shall (c)The review appraiser's appraisals consistent with established disregard any decrease or increase in certification of the recommended or and commonly accepted appraisal the fair market value of the real property approved value of the property shall be practice for those acquisitions which,by caused by the project for which the set forth in a signed statement which ,.,..— virtue of their low value or aimplicity,do property is to be acquired,or by the identifies the appraisal reports reviewed not require the in analysis and likelihood that the property would be and explains the basis for such presentation necessary acquired for the project,other than that recommendation or approval.Any a ary in a detailed due to physical deterioration within the damages or benefits to an re appraisal A detailed appraisal shall be reasonable control of the owner. Pro y makmg prepared for all other acquisitions.A PAY shall also be identified in the detailed appraisal shall reflect (c)Ownerretentlon of improvements ::statement.. nationally recognized appraisal ff the owner of real property standards, improvement is permitted-to retain it for t �� isttion°f tit-owned including,to the extent removal from the project site- the �' rovw.W L appropriate,the Uniform Appraisal Standards for amount to be offered for the interest in (a)Acquisition of improvements. �Federal Land Acquisition. the real When acquiring An appraisal must contain sufficient property to be acquired shall be qm�g any interest.in real documentation,including valuation data not less than the difference between the Property,the Agency shall offer to- amount determined to be just - acquire at least a 'equal interest in all and the appraiser's analysis of that data, compensation for the owner's entire buildings;structures,or other to support his or her opinion of value.At interest in the real property : improvements located upon the real a minimum,a detailed appraisal shall P P�'Y and the�� P contain the fallowing items: salvage value(defined at$24.2(s))of Property to be acquired,which it (1)The the retained improvement. requires to be removed or which it purpose and/or the function of (d)Qualifications of appraisers.The determines will be adversely affected by the appraisal,a definition of the estate Agency shall establish criteria for the use to which such real property will being appraised,and a statement of the determining the minimum qualifications be put.This shall include any assumptions and limiting conditions of appraisers.Appraiser qualifications improvement of a tenant-owner who has affecting the appraisal. shall be consistent with the level of the right or obligation to remove the (2)An adequate description of the difficulty of the appraisal ass improvement at the expiration-of the .. :physical si a characteristics of the property The Agency shall review the experience, lease term. being appraised(and,in the case of a education,training,and other. partial acquisition,an adequate � qualifications of � (b)Improvements considered to be description of the remaining property),�a review appraisers,appraisers including real property.Any building,structure,or statement of the known and observed determined toqualified.:-utilize only those considered other p to'be real property acif owned encumbrances,if any,title information, ,- (e)Conflict fl of interest I�Fo appraiser b the owner of the real r location,zoning,present use,an- or review a PP whi Y P oP rty on� idered analysis of highest and best-use,and at interest,direct-or wiser shall in the o be realproperty for shall it is located. purposes Hof this least a 5-year sales history of the- property being appraised for the Agency Subpart Property' � that would in any way conflict with the(3)All relersnt and reliable preparation or review of the a • (c)Appraisal and establishment of approaches to value consistent with. � Compensation for ma an a praisal. just compensation for lenant-owned ' �S appraisal improvements.just•compensation for a Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations 805 tenant-owned improvement is the (b)The condemnation proceeding is a person's application for assistance for amount which the improvement abandoned by the Agency other than which a person may be eligible under contributes to the fair market value of under an agreed-upon settlement;or this part. - j the whole Property or its salvage value. . (c,)The court having jurisdiction (b)Arotice of relocation eligibility. whichever is greater.(Salvage value is renders a judgment in favor of the Eligibility for relocation assistance shall defined at 242(s).) owner in an inverse condemnation begin on the date of initiation of (d)Special conditions.No payment proceeding or the Agency effects.a negotiations(defined in J 24.2(k))for the shall be made to a tenant-owner for any settlement of such proceeding. occupied property.When this occurs. real property improvement unless: the Agency shall promptly notify all (1)The tenant-owner,in consideration g 24.108 Donations. occupants in writing for the a An owner whose real P twig of their eligibility . • , payment,assigns,transfers,and ,.be acquired property is . for applicable relocation assistance. releases to the Agency all of the tenant- mg quired may,after being*fully ( )Ninety-day notice--(I)General. informed b the c Nine -da notic owners right,title,and interest in the Y Agency of the right to No lawful occupant shall be re improvement;and receive just compensation for.such P required to (2)The owner of the real Property on Property,donate such;property or any' move unless he or she has received at which the improyement is located part thereof,any interest therein,or ay least 90 days advance written notice of disclaims all interest in the compensation paid therefor,to the the earliest date by which he or she may improvement;and Agency as such owner shall determine. be required to move. (3)The payment does not result in the The Agency is responsible for assuring (2) Timing of notice.The displacing duplication of any compensation that an appraisal of the real property is agency may issue the notice days otherwise authorized by law. - obtained unless the owner releases the before it expects the person to be (e)Alternative compensation.Nothing Agency from such obligation,except as displaced or earlier. in this Subpart shall be construed to provided in 24.102(c)(Z). (3)Content of notice.The 90-day deprive the tenant-owner of any right to notice shall either state a specific date reject payment under this Subpart and Subpart C--General Retocation. as the earliest date by which the to obtain payment for such property Requirements occupant may be required to move,or interests in accordance with other 24.201 purpos4L state that the occupant will receive a applicable law. further notice indicating,at least.30 days This Subpart prescribes general in advance,the specific date by which 124.106 Expenses incidental to transfer requirements governing the provision of he or she must move.If the 90-day of title to the Agency. relocation payments and other notice is issued before a comparable (a)The owner of the real roe relocation assistance in this part re replacement dwelling . property rty p lung is made available shall'be reimbursed for all reasonable 124= IMP hi, the notice must state clearly that the expenses the owner necessarily incurred These requirements apply to the occupant will not have to move earlier -. for relocation of any displaced person as. than 90 days after such a dwelling is (1)Recording fees,transfer taxes, defined at 1242(g). made available.(See §24204(a).) documentary stamps,evidence of title, (4)Urgent need In unusual boundary surveys,legal descriptions of 124.203 Relocation notices, circumstances,an occupant may be the real property,and similar expenses (a)General information notice.As required to vacate the property on less incidental to conveying the real property soon as feasible,a person scheduled to than 90 days advance written notice if to the Agency.However,the Agency is be displaced shall be furnished with a the displacing agency determines that a not required to pay costs solely required general written description of the 90-day notice is impracticable,such as to perfect the owner's title to the real displacing agency's relocation program when the person's continued occupancy property;and which does at least the following: of the property would constitute a (2)Penalty costs and other charges for (1)Informs the person that he or she substantial danger to health or safety.A prepayment of any preexisting recorded may be displaced for the project and copy of the Agency's determination mortgage entered into in good faith generally describes the relocation shall be included in the applicable case encumbering the real property;and payment(s)for which the person may be file. (3)The pro rata portion of any prepaid eligible,the basic conditions of 9 24.204 Availability of comparable real property taxes which are allocable eligibility,and the procedures for replacement dwelling before displacement to the period after the Agency obtains obtaining the payment(s). title to the property or effective (2)Informs the person that he or she (a)General.No person to be displaced. possession of it,whichever is earlier. -will be given reasonable relocation shall be required to move from his or her (b)Whenever feasible.the Agency advisory services,including referrals to• dwelling unless at least one comparable shall pay these costs directly so that the replacement properties,help in filing replacement dwelling jdefined at 7 owner will not have to pay such costs payment claims,and other necessary 124.2(d))has been made available to , and then seek reimbursement from the assistance to help the person - the person.Where possible,three or' Agency. successfully relocate. more comparable replacement dwellings a 24.107 Certain litigation (3)Informs the person that he or she shall be made available.A comparable 0 ��. rill not be required to move without at replacement dwelling will be considered The owner of the real property shall least 90 days'advance written notice to have been made available to a be reimbursed for any reasonable (see paragraph(c)of this section),and person,if: expenses,including reasonable attorney, informs any person to be displaced from (1)The person is informed of its appraisal,arid engineering fees,which a dwelling that he or she cannot be location;and the owner actually incurred because of.a required to move permanently unless at (2)The person has sufficient time to condemnation proceeding,if: least one comparable replacement negotiate and enter into a purchase. (a)The final judgment of the court is dwelling has been made available. agreement or lease for the property;and that the Agency cannot acquire the real (4)Describes the person's right to (3)Subject to reasonable safeguards, property by condemnation;or appeal the Agency's determination as to the person is assured of receiving the 8936 Federal Register / Vol. 54, No. 40 / Thursday, March Z, 1989 / Rules and Regulations u relocation assistance and acquisition (1)An estimate of the number of assistance.This shall include a personal payment to which the person is entitled households to be displaced including interview with each person. .•- in sufficient time to complete the information such as owner/tenant (h)Provide current and continuing purchase or lease of the property. status,estimated value and rental rates information on the availability,purchase (b)Circumstances permitting waiver. of properties to be acquired family prices,and rental costs of comparable The Federal agency funding the project characteristics,and special replacement dwellings,and explain that may grant a waiver of the policy in consideration of the impacts on the person cannot be required to move paragraph(a)of this section in any case minorities,the elderly,large families, unless at least one comparable where it is demonstrated that a person and the handicapped when applicable. replacement dwelling is made available must move because of. (2)An estimate of the number of as set forth in J Z4.204(a). (1)A major disaster as defined in comparable replacement dwellings in (A)As soon as feasible,the Agency section 102(c)of the Disaster Relief Act the area(including price ranges and shall inform the person in writing of the of 1974(42 U.S.C.5121);or rental rates)that are expected to be u specific comparable replacement available to fulfil'the needs of those (2)A presidentially declared national households d laced.When an dwelling and the price or rent used for emergency:or P establishing the upper limit of the (3)Another emergency which requires adequate supply of comparable housing replacement housing payment(see immediate vacation of the real property, is not expected to be available. §24.403(a)and(b))and the basis for the such as when continued occupancy of consideration of housing of last resort determination,so that the person is the displacement dwelling constitutes a actions should be instituted.(3)An estimate of the number,type aware of the maxi urn replacement substantial danger to the health or and size of the businesses,farms,and housing payment for which he or she safety of the occupants or the public. nonprofit organizations to be displaced may qualify. (c)Basic conditions of eme oency and the approximate number of (B)Where feasible,housing shall be move.Whenever a person is required to employees that may be affected. inspected prior to being made available relocate for a temporary period because (4)Consideration of any special to assure that it meets applicable of an emergency as described in relocation advisory services that may be standards.(See 124.2(d)and(f).)If paragraph(b)of this section,the Agency necessary from the displacing agency such an inspection is not made,the shall: and other cooperating agencies. person to be displaced shall be notified (1)Take whatever steps are necessary (b)Loans forplanningand that a replacement housing payment to assure that the person is temporarily jxmlimNm y expewes.In the event that may not be made unless the relocated to a decent,safe,and sanitary an Agency elects to consider using the replacement dwelling is subsequently dwelling;and duplicative provision in section 215 of inspected and determined to be decent, (2)Pay the actual reasonable out-of- the Uniform Act which permits the use safe,and sanitary. pocket moving expenses and any. of project funds for loans to cover (C)Whenever possible,minority ,. reasonable increase in rent and utility plug sad other preliminary persons shall be given reasonable costs incurred in connection with the p op expenses for the development of opportunities to relocate to decent,safe, temporary relocation:and additional housing,the lead agency-will and sanitary replacement dwellings,not (3)Make available to the displaced establish criteria and procedures for -located in an area of minority person as soon as feasible,at least one such use upon the request of the Federal concentration,that are within their comparable replacement dwelling.(For agency funding the program or project. financial means.This policy,however, purposes of filing a claim and meeting (c)Relocation assistance advisory does not require an Agency to provide a the eligibility requirements for a services--(I)General.The Agency shall pion a larger payment than is relocation payment,the date of carry out a relocation assistance necessary to enable a person to relocate displacement is the date the person advisory program which satisfies the to a comparable replacement dwelling. moves from the temporarily-occupied requirements of Title VI of the Civil (D)All persons,especially the elderly dwelling.) Rights Act of 1964(42 U.S.C.2000d et and handicapped shall be offered J 24.205 Relocation planninj a seq.),Title VM of the Civil Rights Act of transportation to inspect housing to services,and coordlnsUon. 19M(42 U.S.C.3601 et seq.),and which they are referred. 063(27 FR 12527,11 current Order(a)Relocation planning.During the November 2 Executive Or er 11 and offers the (th)Provide and continuing early stages of development.Federal services described . paragraph(c)(2)of information on the availability,purchase and Federal-aid programs or projects this section.If the Agency determines Prices,and rent scats of suitable commercial and f shall be planned in such a manner that that a person occupying property arm properties and the problems associated with the adjacent to the real property acquired locations.Assist any person displaced displacement of individuals,families, for the project.is caused substantial from a business or farm operation to businesses,farms,and nonprofit economic injury because of such obtain and become established in a organizations are recognized and acquisition,it may offer advisory suitable replacement location. solutions are developed to minimize the services to such person. - (iv)Minimize hardships to persons in adverse impacts of displacement.Such (2)Services to be provided.The adjusting to relocation by providing planning,where appropriate,shall advisory program shall include such counseling,advice as to other sources of precede any action by an Agency which measures,facilities,and services as may assistance that may be available,and will cause displacement,and should be be necessary or appropriate in order to: such other help as may be appropriate. scoped to the complexity and nature of . (i)Determine the relocation needs and (v)Supply persons to.be displaced the anticipated displacing activity - .preferences of each person to be with appropriate information concerning including an evaluation of program displaced and explain the relocation Federal and State housing programs, resources available to carry out timely payments and other assistance for disaster loan and other programs �. and orderly relocations.Planning may which the person may be eligible,the administered by the Small Business involve a relocation survey or study related eligibility requirements,and the Administration.and other Federal and which may include the following: procedures for obtaining such State programs offering assistance to Federal Register / Vol. 54. No. 40 / Thursday, March Z, 19W Rules and Regulations 8937 displaced persons,and technical help to be promptly notified ss to any 24.20a FWocxtlon payments not .., persons applying for such assistance. additional documentation that is consldered as 1ncoam (vi)Any person who occupies required to support the claim..Payment No relocation payment received by a property acquired by an Agency,when for a claim shall be made as soon as displaced person under this part shall be such occupancy began subsequent to the feasible following receipt of sufficient considered as income for the purpose of acquisition of the property,and the documentation to support the claim. the Internal Revenue Code of 1954, occupancy is permitted by a short term (c)Advance payments.If a person which has been redesignated as the rental agreement or an agreement demonstrates the need for an advance Internal Revenue Code of 1989 or for the subject to termination when the relocation payment in order to avoid or purpose of determining the eligibility or property is needed for a program or reduce a hardship,the Agency shall the extent of eligibility of any person for project,shall be eligible for advisory issue the payment,subject to such assistance under the Social Security Act services,as determined by the Agency. safeguards as are appropriate to ensure or any other Federal law,except for any (d)Coordination of relocation that the objective of the payment is Federal law providing low-income activities.Relocation activities shall be accomplished. housing assistance. coordinated with project work and other (d)Time for filing—(I)All claims for a displacement-causing activities to relocation payment shall be filed with �W'D—Payments for Moving and ensure that,to the extent feasible, the Agency within 18 months after: Related Expenses persons displaced receive cc_:sistent treatment and the duplication of . (i)For tenants,the date of $24.301 Payment for actual reasonable functions is minimized.(Also see §24.6, displacement; mom and related expenses--resldenW Subpart A.) {'u)For owners,the date of R1°tv& displacement or the date of the final Any displaced owner-occupant or $24.2% Evktlon for cause payment for the acquisition of the real tenant of a dwelling who qualifies as a Eviction for cause must conform to property,whichever is later. displaced person(defined at$ Z4.2(g))is applicable state and local law.Any (2)This time period shall be waived entitled to payment of his or her actual person who occupies the real property by the Agency for good cause. moving and related expenses,as the and is not in unlawful occupancy on the (e)Multiple occupants of oneAgency determines to be reasonable date of the initiation of negotiations,is displacement dwelling.If two or more and necessary,including expenses for: presumed to be entitled to relocation occupants of the displacement dwelling (a)Transportatien of the displaced payments and other assistance set forth move to separate replacement person and personal property. in this part unless the Agency dwellings,each occupant is entitled to a Transportation exists for a distance determines that; reasonable prorated share,as beyond 50 miles are not eligible,unless (a)The person received an eviction determined by Agency, the Agency determines that relocation notice prior to the initiation of �'°f any beyond 50 miles is justified. negotiations and,as a result of that relocation payments that would have (b)packing,crating,unpacking,and notice is later evicted,or been made if the occupants moved uncrating of the personal property. The person is evicted after the together to a comparable replacement (b)The dwelling.However,if the Agency (c)Disconnecting,dismantling, initation of negotiations for serious or determines that tern or more occupants removing,reassembling,and reinstalling repeated violation of material terms of maintained separate households within relocated household appliances,and the lease or occupancy agreement:and other personal property. (c)In either case the eviction was not the same dwelling,such occupants have (d)Storage of the personal property undertaken for the purpose separate entitlements to relocation Pm'P of evading payments for a period not to exceed IZ months, . the obligation to make available the unless the Agency determines that a payments and other assistance set forth (f)Deductions from relocation longer period is necessary. is this part, payments.An Agency shall deduct the (e)Insurance for the replacement For purposes determining amount of any advancerelocation pure of d rmining eligibility payment from the relocation payment(s) value of the property in connection with for relocation payments,the date of the move and necessary storage. to which a displaced person is otherwise The replacement value of r i displacement is the date the person entitled.Similarly,a Federal agency (fl rep property moves,or if later,the date a comparable shall and a State agency may,deduct lost,stolen,or damaged in the process of , replacement dwelling is made available. moving(not through the fault or This section applies only to persons who from relocation payments any rent that negligence of the displaced person,his would otherwise have been displaced the displaced person owes the Agency; or her agent,or employee)where by the project provided that no deduction shall be insurance covering such loss,theft,or made if it would prevent the displaced damage is not reasonably available. i $24.207 General regWrementa--chime for person from obtaining a comparable relocation payments. replacement dwelling as required by (g)Other moving-related expenses (a)Documentation.Any claim for a $24.204.The Agency shall not withhold that are not listed as ineligible under relocation payment shall be supported any part of a relocation payment to a $24.305,as the.Agency determines to be i P PP displaced person to sans an obligation anon reasonable and necessary. by such documentation as may be P P satisfy hg reasonably required to support expenses to any other creditor. $24.302 Flxad payment for moving incurred,such as bills,certified prices. (g)Notice of dental of claim.If the eXPMtes— ttal°ov*a- appraisals,or other evidence of such Agency disapproves all or part of a Any person displaced from a dwelling expenses.A displaced person must be payment claimed or refuses to consider or a seasonal residence is entitled to provided reasonable assistance the claim on its merits because of receive an expense and dislocation necessary to complete and file any untimely filing or other grounds,it shall allowance as an alternative to a required claim for payment. promptly notify the claimant in writing payment for actual moving and related (b)Expeditious payments.The of its determination,the basis for its expenses under$24.301.This allowance Agency shall review claims in an determination,and the procedures for shall be determined according to the expeditious manner.The claimant shall -appealing that determination. applicable schedule approved by the 8938 Federal Register / Vol. 54, No. 40 / Thursday, March Z 1989 / Rules and Regulations „ Federal Highway Administration.This (i)Planning the move of the personal iv Fees includes a provision that the expense property, erson ( ) paid to a real estate agent or and dislocation allowance to abroker to locate a replacement site, (ii) P Moving the personal property,and exclusive of any fees or commissions with minimal personal possessions who (iii)Installing the relocated personal related to the purchase of such site. is in occupancy of a dormitory style property at the replacement location. room shared by two or more other (9)Relette ' signs (14)Other moving-related expenses unrelated persons or a Berson whose �g gns and replacing that are not listed as ineligible under residential move is performed b an stationery on hand at the time of 124.305,as the Agency determines to be P Y displacement that are made obsolete as reasonable and necessary. agency at no cost to the person shall be a result of the move. limited to$50. (b)Notification and inspection.The (10)Actual direct loss of tangible following requirements apply to §24.303 Payment for actual reasonable Personal property incurred as a result of payments under this section:moving and related expenses— moving or discontinuing the business or (1)The Agency shall inform the nonresidential moves. farm operation.The payment shall (a)Eligible costs.Any business or consist of the lesser of: displaced person,in writing,of the - requirements of paragraphs(b)(2)and farm operation which qualifies as a (i)The fair market value of the item (3)of this section as soon as possible displaced person(defined at§24.2(g))is for continued use at the displacement after the initiation of negotiations.This entitled to payment for such actual site,less the proceeds from its sale.(To information may be included in the moving and related expenses,as the be eligible for payment,the claimant relocation information provided to the Agency determines to be reasonable must make a good faith effort to sell the displaced person as set forth in 124.203. and necessary,including expenses for: personal property,unless the Agency (2)The displaced person must provide (1)Transportation of personal determines that such effort is not the Agency reasonable advance written property.Transportation costs for a necessary.V%%en payment for property notice of the approximate date of the distance beyond 50 miles are not loss is claimed for goods held for sale, start of the move or disposition of the eligible,unless the Agency determines the fair market value shall be based on that relocation beyond 50 miles is the cost of the goods to the business,not personal property and a list of the items potential sel ' to be moved.However,the Agency may justified. the P ling price.);or waive this notice requirement after (2)Packing,crating,unpacking,and (ii)The estimated cost of moving the documenting uncrating of the personal property. item,but with no allowance for store '�file accordingly. e. g (3)Disconnecting,dismantling, (If the business or farm operation is (3)The displaced person able permit t removing,reassembling,and reinstalling- discontinued,the estimated cost shall be the Agency to make reasonable and relocated machinery,equipment,and based on a movingtimely inspections of the personal other personal property,including distance of 50 miles.) property at both the displacement and (11)The reasonable cost incurred in replacement sites and to monitor the substitute personal property deibed attempting to sell an item that is not to at g 24.303(a)(12).This includes be relocated. move. connection to utilities available nearby. (12)Purchase of substitute personal (c)Self moves.If the displaced person It also includes modifications to the P�PertY•If an item of personal a elects to take full responsibility for the personal roe P property rty move of the business or farm operation, property rty necessary to adapt it which is used as part of a business or. the Agency may make a payment for the to the replacement structure,the farm operation is not moved but is replacement site,or the utilities at the Promptly replaced with a substitute item not to 's moving expenses in an amount replacement site,and modifications that performs a comparable function at not p exceed the lower at two necessary to adapt the utilities at the the replacement site,the displaced acceptable bids or estimates obtained replacement site to the personal person is entitled to payment of the by the Agency or prepared by qualified property.(Expenses for providing lesser of. staff.en the Agency's discretion,a utilities from the right-of-way to the Q)The cost of the substitute item, payment fora low cost y building or improvement are excluded.) including installation costs at the uncomplicated move may be based on a (4)Storage of the personal property replacement site,minus an single bid or estimate. for a period not to exceed 12 months, Y Proceeds (d) Transfer of ownership.Upon from the sale or trade-in of the replaced request and in accordance%ith unless the Agency determines that a item;or longer period is necessary. (if)The estimated cost of movingand applicable law,the claimant shall (5)Insurance for the replacement reinstalling transfer to the Agency ownership of any value of the personal t roe the replaced item but with personal property that has not been P property rtY in no allowance for storage.At the connection with the move and necessary Agency's discretion,the estimated cost moved,sold,or traded in. storage. for a low cost or uncomplicated move (e)Advertising signs.The amount of a (6)Any license,permit,or certification may be based on a single bid or Payment for direct loss of sign which is personal propan e a advertising required of the displaced person at the estimate. rty shall be replacement location.However,the (13)Searching-for a replacement the lesser of: payment may be based on the remaining location.A displaced business or farm (1)The depreciated reproduction cost useful life of the existing license,permit, operation is entitled to reimbursement of the sign,as determined by the or certification. for actual expenses,not to exceed Agency,less the proceeds from its sale; (7)The replacement value of property $1,000,as the Agency determines to be or lost,stolen,or damaged in the process of reasonable,which are incurred in (2)The estimated cost of moving the moving(not through the fault or searching for a replacement location, sign,but with no allowance for storage. negligence of the displaced person,his including: ' or her agent,or employee)where (i)Transportation. n24.304 n esfden�moves. expenses— insurance covering such loss,theft,or (if)Meals and lodging away from In addition to the a damage is not reasonably available. home. p yments available under(8)Professional services necessary (iii)Time spent searching,based on business, defin disubpart, g 24 2 t),small farm or for: reasonable salary or earnings. nonprofit organization may be elibible to Federal Register / Vol. K No. 40 Thursday,' March 2, 1%9 / Ru)es and Regulations E339 B � / Y 8� rsceive a payment,not to exceed (b)Ineligible expenses.The following payment to a nonprofit organization, $10,(k')0,for expenses actually incurred is a nonexclusive listing of shall equal the average annual net in relocating and reestablishing such reestablishment expenditures not earnings of the business,as computed in small business,farm or nonprofit considered to be reasonable,necessary, accordance with paragraph(e)of this organization at a replacement site. or otherwise eligible: section,but not less than$1,000 nor (a)Eligible expenses.Reestablishment (1)Purchase of capitol assets,such as, more than$20,000.The displaced expenses must be reasonable and office furniture,filing cabinets, business is eligible for the payment if necessary, as determined by the machine the n determines that: Agency.They may include,but are not machinery,or trade fixtures. Agency limited. the following: (2)Purchase of manufacturing (1)The business owns or rents (i)Repairs or improvements to the materials,production snpplies.product personal property which must be moved n • replacement real property required inventory,or other items used in the in connection with such displacement be by Federal,State or local law, code or normal course of the business operation. incur red oerd which�move;and,th an expense e business ordinance. (3)Interior or exterior refurbishments urr replacement Modifications to there l at the replacement site which are for vacates or relocates from its (2) p aesthetic purposes,except as provided displacement site. property to accommodate the business operation or make replacement in Paragraph(a)(5)of this section. (2)The business cannot be relocated structures suitable for conducting the (4)Interest on money borrowed to without a substantial loss of its existing business. make the move or purchase the patronage(clientele or net earnings).A (3)Construction and installation replacement property. business is assumed to meet this test costs,not to exceed$1,M for exterior (5)Payment to a part-time business in unless the Agency determines that it signing to advertise the business. the home which does not contribute will not suffer a substantial lass of its (4)Provision of utilities from right-of- materially to the household income. existing patronage;and way to improvements on the (3)The business is not pert of a replacement site. $24.305 Ineligible moving and refaW commercial enterprise having more than (5)Redecoration or replacement of lei- three other entities wbich are not being soiled or worn surfaces at the A displaced person is not entitled to acquired by the Agency,and which are replacement site,such as paint, payment for. under the same ownership and engaged panelling,or carpeting. (a)The cost of moving any structure in the same or similar business (6)Licenses,fees and permits when or other real property improvement in activities. which the displaced person reserved not paid as part of moving expenses. owneral�.ip.However,this part does not (4)The business is not operated at a (7)Feasibility surveys,sail testing and preclude the computation under displacement dwelling solely for the marketing studies. purpose of renting such dwelling to (8)Advertisement of replacement $24.401(c)(4)(iii);or others. location.not to exceed$1,500. (b)Interest on a loan to cover moving (5)The business is not operated at the . (9)Professional services in connection expenses:or displacement site solely for the purpose with the purchase or lease of a (c)Loss of goodwill;or of renting the site to others. replacement site. (d)Loss of profits;or (g)The business contributed (10)Estimated increased costs of (e)Loss of trained employees;,or materially to the income of the operation during the first 2 years at the (f)Any additional operating expenses displaced person during the 2 taxable replacement site,not to exceed S5,OW, of a business or farm operation incurred years prior to displacement(see because of operating in a new location for such items as: I 24.2(e)). (i)Lease or rental charges, except as provided in 124.304(a j(10);or (b)Determining the number of (ii)Personal or real property taxes, (g)Personal injury;or businesses.In determining whether two (iii)Insurance premiums,and (h)Any legal fee or other cost for or more displaced legal entities (iv)Utility charges,excluding impact preparing a claim for a relocation constitute a single business which is fees. payment or for representing the claimant entitled to only one fixed payment,all (11)Impact fees or one-time before the Agency;or pertinent factors shall be considered, assessments for anticipated heavy (i)Expenses for searching for a including the extent to which: utility usage. replacement dwelling.or (1)The same premises and equipment (12)Other items that the Agency (j)Physical changes to the real are shared:- considers essential to the prope:y at the replacement iccation of (2)Substantially identical or reestablishment of the business. a business or farm operation except as interrelated business functions are (13)Expenses in excess of the provided in 11 24.303(a)(3)and carried out and business and financial regulatory maximums set forth in 24.344(a),or affairs are commingled;- paragraphs (a)(3),(a)and(10)of this (k)Costs for storage of personal (3)The entities are held out to the section may be considered eligible if property on real property already owned public,and to those customarily dealing large and legitimate disparities exist or leased by the displaced person. with them,as one business;and between costs of operation at the (4)The same person or closely related displacement site and costs of operation §24.306 Fixed payment for moving persons own,control,or manage the at an otherwise similar replacement site. expenzes—nonresldentlsi moYeS. affairs of the entities. In such cases the regulatory limitation (a)Business.A displaced business. (c)Form operation.A displaced farm for reimbursement of such costs may,at may be eligible to choose a fixed operation(defined at 124.2(i))may the request of the Agency,be waived by pay°ment in lieu of the payments for chocae a fixed payment,in lieu of the the Federal agency funding the program actual:roving and related expenses, payments for actual moving and related or project,but in no event shall total and acfual'reasonabie reestablishment expenses and actual reasonable costs payable under this section exceed expenses provided by J$24.303 and reestablishment expenses,in an amount the$10,000 statutory maximum. 24.304.Such fixed payment,except for equal to its average annual net earnings t 89 Federal Register / Vol. 54. No. 40 / Thursday, March 2, 1989 / Rules and Regulations e as computed in accordance with relocation of the facility creates Subpart E—Replacement Housing paragraph(e)of this section,but not less extraordinary expenses for its owner, Payments r than$1.000 nor more than$20.000.In the the displacing agency may,at its option, case of a partial acquisition of land make a relocation payment to the owner §24.401 Replacement housing payment which was a farm operation before the for all or part of such expenses,if the for 180-day homeowner-occupants. E acquisition, the fixed payment shall be following criteria are met: (a)Eligibility.A displaced person is made only if the Agency determines (1 eligible for the replacement housing that: )The utility facility legally occupies payment fora 180-day homeowner- (1)The acquisition of part of the land State or local government property,or person: occupant if the property over which the State or local p P caused the operator to be displaced government has an easement or right-of- (1)Has actually owned and occupied from the farm operation on the the displacement dwelling for not less remaining land;or way;and (2)The partial acquisition caused a (2)The utility facility's right of than 180 days immediately prior to the initiation of negotiations;and substantial change in the nature of the occupancy thereon is pursuant to State (2)purchases and occupies a decent, farm operation. law or local ordinance specifically safe,and sanitary replacement dwelling (d)Alonprofit organization.A authorizing such use,or where such use within one year after the later of the displaced nonprofit organization may and occupancy has been granted following dates(except that the Agency choose a fixed payment of$1,000 to through a franchise,use and occupancy may extend such one year period for $20,000,irr, lieu of the payments for. permit,or other similar agreement;and good cause): actual mo%zng and related expenses and (3)Relocation of the utility facility is (i)The date the person receives final actual reasonable reestablishment required by and is incidental to the payment for the displacement dwelling expenses,if the Agency determines that primary purpose of the project or or,in the case of condemnation,the date it cannot be relocated without a program undertaken by the displacing the full amount of the estimate of just substantial loss of existing patronage a gency;and compensation is deposited in the court, (membership or clientele).A nonprofit organization is assumed to meet this (4)There is no Federal law,other than or i� The date the displacing test,unless the Agency demonstrates the Uniform Act,which clearly (��) placing agency's otherwise.Any payment in excess es establishes a policy for the payment of obligation under§24.204 is met. $1,000 must be supported with financial utility moving costs that is applicable to (b)Amount of payment.The statements for the two 12-month periods the displacing agency's program or replacement housing payment for an eligible 180�-day homeowner-occupant prior to'the acquisition.The amount to project;and - a may not exceed$22,500.(See also be used for the payment is the average (5)State or local government §24.404.)The payment under this of 2 years annual gross revenues less reimbursement for utility moving costs subpart is limited to the amount administrative expenses.(See Appendix or payment of such costs by the necessary to relocate to"a comparable A of this part). displacing agency is in accordance with replacement dwelling(e)Average annual net earnings of a State law, P within one year from the date the displaced homeowner- business or farm operation.The average (b)For the purposes of this section, occupant is paid for the displacement annual net earnings of a business or the term"extraordina farm operation are one-half of its net ry expenses" dwelling,or the date a comparable earnings before Federal,State,and local means those expenses which,in the replacement dwelling is made available income taxes during the 2 taxable years opinion of the displacing agency,are not to such person,whichever is later.The immediately prior to the taxable year in routine or predictable expenses relating payment shall be the sum of: which i#was displaced.It the business to the utility's occupancy of rights-of- (1)The amount by which the cost of a way,and are not ordinarily budgeted as replacement dwelling exceeds the or farm was not in operation for the full operating expenses,unless the owner of acquisition cost of the displacement 2 taxable years prior to displacement, net earnings shall be based on the the utility facility has explicitly and dwelling;as determined in accordance actual period of operation at the knowingly agreed to bear such expenses with Paragraph(c)of this section;and displacement site during the 2 taxable as a condition for use of the property,or (2)The increased interest costs and years prior to displacement,projected to has voluntarily agreed to be responsible other debt service costs which are an annual rate.Average annual net for such expenses. incurred in connection with the earnings may be based upon a different (c)A relocation payment to a utility mortgage(s)on the replacement period of time when the Agency facility owner for moving costs under dwelling,as determined in accordance determines it to be more equitable.Net this section may not exceed the cost to with paragraph(d)of this section;and earnings include any compensation functionally restore the service (3)The reasonable expenses obtained from the business or farm disrupted by the federally assisted incidental to the purchase of the operation by its owner,the owner's replacement dwelling,as determined in spouse,and dependents.The dis laced program or project,less any increase in accordance with paragraph(e)of this P value of the new facility and salvage section. person shall furnish the Agency proof of value of the old facility.The displacing (c)Price differential—(1)Basic net earnings through income tax returns, agency and the utility facility owner computation.The price differential to be certified financial statements,or other shall reach prior agreement on the aid underparagraph reasonable evidence which the Agency P (b)(1)of this determines is satisfactory. nature of the utility relocation work to section is the amount which must be be accomplished,the eligibility of the added to the acquisition cost of the $24.307 Discretionary utility relocation work for reimbursement,the displacement dwelling to provide a total payments. responsibilities for financing and amount equal to the lesser of: (a)Whenever a program or project accomplishing the work,and the method (i)The reasonable cost of a_ "" undertaken by a displacing agency of accumulating costs and making comparable replacement dwelling as causes the relocation of a utility facility payment.(See Appendix A.of this part, determined in accordance with (see §§ 24.2(aa)and(bb))and the §24.307.) § 24.403(a);or Federal Register / Vol. 54, No. 40 / Thursday, March Z 1989 / Rules and Regulations 8941 (ii)The purchase price of the decent, fide mortgages that were valid liens on purchase of a replacement dwelling,and safe,and sanitary replacement dwelling the displacement dwelling for at least customarily paid by the buyer, actually purchased and occupied by the 180 days prior to the initiation of including: displaced person. negotiations.Paragraphs (d)(1)through (1)Legal,closing,and related costs, (2)Mixed-use and multifamily (5)of this section shall apply to the including those for title search, properties.If the displacement dwelling computation of the increased mortgage preparing conveyance instruments, was part of a property that contained interest costs payment,which payment notary fees,preparing surveys and plats, another dwelling unit and/or space used shall be contingent upon a mortgage and recording fees. for non-residential purposes,and/or is being placed on the replacement (2)Lender,FHA,or VA application located on a lot larger than typical for dwelling. -and appraisal fees. residential purposes,only that portion of (1)The payment shall be based on the (3)Loan origination or assumption the acquisition payment which is unpaid mortgage balance(s)on the fees that do not represent prepaid actually attributable to the displacement displacement dwelling;however,in the interest. dwelling shall be considered its event the person obtains a smaller (4)Certification of structural acquisition cost when computing the mortgage than the mortgage balance(s) soundness and termite inspection when price differential. computed in the buydown determination required. (3)Insurance proceeds.To the extent the payment will be prorated and (5)Credit report. necessary to avoid duplicate reduced accordingly.(See Appendix A (6)Owner's and mortgagee's evidence compensation,the amount of any of this part.)In the case of a hoi a of title,e.g.,title insurance,not to insurance proceeds received by a person equity loan the unpaid balance shall be exceed the costs for a comparable in connection with a loss to the that balance which existed 180 days replacement dwelling. displacement dwelling due to a prior to the initiation of negotiations or (7)Escrow agent's fee. catastrophic occurrence(fire,flood,etc.) the balance on the date of acquisition, (8)State revenue or documentary shall be included in the acquisition cost whichever is less. stamps,sales or transfer taxes(not to of the displacement dwelling when (2)The payment shall be based on the exceed the costs for a comparable computing the price differential.(Also remaining term of the mortgage(s)on the replacement dwelling). see §24.3.) displacement dwelling or the term of the(4)Owner retention of displacement new mortgage,whichever is shorter. (9)Such other costs as the Agency dwelling.If the owner retains ownership (3)The interest rate on the new determines to be incidental to the of his or her dwelling,moves it from the mortgage used in determining the purchase. displacement site,and reoccupies it on a amount of the payment shall not exceed (f)Rental assistance payment for 180- replacement site,the purchase price of the prevailing fixed interest rate for day homeowner.A 180-day homeowner- the replacement dwelling shall be the conventional mortgages currently occupant who could be eligible for a sum of: charged by mortgage lending institutions replacement housing payment under „ •- (i)The cost of moving and restoring in the area in which the replacement paragraph(a)of this section but elects the dwelling to a condition comparable dwelling is located. to rent a replacement dwelling,is to that prior to the move;and (4)Purchaser's points and loan eligible for a rental assistance payment (ii)The cost of making the unit a origination or assumption fees,but not not to exceed$5.2%computed and decent,safe,and sanitary replacement seller's points,shall be paid to the disbursed in accordance with dwelling(defined at§24.2(f)),and extent: j 24•402(b)• (iii)The current fair market value for (i)They are not paid as incidental f 24.402 Replacement homing payment residential use of the replacement site expenses; for 9 -day occupantL (see Appendix A of this part, (ii)They do not exceed rates normal §24.401(cj(4)(iii)),unless the claimant to similar real estate transactions in the (a)Eligibility.A tenant or owner- rented the displacement site and there is area; occupant displaced from a dwelling is a reasonable opportunity for the (W)The Agency determines them to entitled to a payment not to exceed claimant to rent a suitable replacement be necessary;and $5,250 for rental assistance,as computed site;and (iv)The computation of such points in accordance with Paragraph(b)of this (iv)The retention value of the and fees shall be based on the unpaid section,or downpayment assistance,as dwelling,if such retention value is mortgage balance on the displacement computed in accordance with paragraph reflected in the"acquisition cost"used dwelling,lees the amount determined for (c)of this section,if such displaced when computing the replacement the reduction of such mortgage balance person: housing payment. under this section. (1)Has actually and lawfully occupied (d)Increased mortgage interest costs. (5)The displaced person-shall be the displacement dwelling for at least 90 The displacing agency shall determine advised of the approximate amount of days immediately prior to the initiation the factors to be used in computing the this payment and the conditions that of negotiations;and amount to be paid to a displaced person must be met to receive the payment as (2)Has rented,or purchased,and under paragraph(b)(2)of this section. soon as the facts relative to the person's occupied a decent,safe,and sanitary The payment for increased mortgage current mortgage(s)are known and the replacement dwelling within 1 year interest cost shall be the amount which payment shall be made available at or (unless the Agency extends this period will reduce the mortgage balance on a near the time of closing on the for good cause)after. new mortgage to an amount which could replacement dwelling in order to reduce (i)For a tenant,the date he or she be amortized with the same monthly the new mortgage as intended. moves from the displacement dwelling. payment for principal and interest as (e)Incidental expenses.The or that for the mortgage(s)on the incidental expenses to be paid under (ii)For an owner-occupant,the later displacement dwelling.h-i addition, paragraph(b)(3)of this section or of: payments shall include other debt 124.402(c)(1)are those necessary and (A)The date he or she receives final service costs,if not paid as incidental reasonable costs actually incurred by payment for the displacement dwelling, costs,and shall be based only on bona the displaced person incident to the or in the case of condemnation,the date aS�,2 Federal Register / Vol. 54, No. 40 / 17hur8day, March 2, 1989 / Rules and Regulations the full amount of the estimate of just downpayment assistance payment in dwelling for purposes of computing the compensation is deposited with the the amount the person would receive replacement housing payment. court;or under paragraph(b)of this section if the (4)To the extent feasible,comparable (B)The date he or she moves from the person rented a comparable replacement dwellings shall be selected displacement dwelling. replacement dwelling.At the discretion from the neighborhood in which the (b)Rental assistance payment—(1) of the Agency,a downpayment displacement dwelling was located or,if Amount of payment:An eligible assistance payment may be increased to that is not possible,in nearby or similar displaced person who rents a any amount not to exceed$5.250. neighborhoods where housing costs are replacement dwelling is entitled to a However,the payment to a displaced generally the same or higher. payment not to exceed$5,250 for rental homeowner shall not exceed the amount (b)Inspection of replacement assistance.(See also $24.404.)Such the owner would receive under dwelling.Before making a replacement payment shall be 42 times the amount Q 24.401(b)if he or she met the 180-day housing payment or releasing a payment obtained by subtracting the base occupancy requirement.An Agency's from escrow,the Agency or its monthly rental for the displacement discretion to provide the maximum designated representative shall inspect dwelling from the lesser of: payment shall be exercised in a uniform the replacement dwelling and determine (i)The monthly rent and estimated and consistent manner,so that eligible whether it is a decent,safe,and sanitary average monthly cost of utilities for a displaced persons in like circumstances dwelling as defined at J 24.2(f). comparable replacement dwelling or are treated equally.A displaced person (c)Purchase of replacement dwelling. (ii)The monthly rent and estimated eligible to receive a payment as a 180- A displaced person is considered to average monthly cost of utilities for the day owner-occupant under 124.401(a)is have met the requirement to purchase a decent,safe,and sanitary replacement not eligible for this payment.(See also replacement dwelling,if the person: dwelling actually occupied by the Appendix A of this part, J 24.402(c).) (1)Purchases a dwelling;or displaced person. (2)Application of payment.The full (2)purchases and rehabilitates a (2)Base monthly rental for amount of the replacement housing displacement dwelling.The base payment for downpayment assistance substandard dwelling;or monthly rental for the displacement must be applied to the purchase price of e Relocates or p a dwelling which he or dwellingis the lesser of: she owns or purchases;or the replacement dwelling and related (4)Constructs a dwelling on a site he (i)The average monthly cost for rent incidental expenses. or she owns or es;or and utilities at the displacement 24.a03 !►ddttt�otsat altos 5 Contracts four t�he8 purchase or dwelling for a reasonable period prior to tong ( ) P�h displacement,as determined by the went hour Payments- construction of a dwelling on a site Agency.(For,an owner-occupant,use (a)Determining cost of comparable provided by a builder or on a site the the fair market rent for the displacement replacement dwelling.The upper limit of person owns or purchases. ... dwelling.For a tenant who paid little or a replacement housing payment shall be (6)Currently owns a previously no rent for the displacement dwelling, based on the cost of a comparable purchased dwelling and site,valuation use the fair market rent.unless its use replacement dwelling(defined at of which shall be on the basis of current would result in a hardship because of J 24.2(d)). fair market value. the person's income or other - (1)If available,at least three (d)Occupancy requirements for circumstances);or comparable replacement dwellings shall displacement or replacement dwelling. (ji)Thirty(30)percent of the person's be examined and the payment computed No person shall be denied eligibility for average gross household income.(If the on the basis of the dwelling most nearly a replacement housing payment solely person refuses to provide appropriate representative of,and equal to,or better because the person is unable to meet the evidence of income or is a dependent, than,the displacement dwelling.An occupancy requirements set forth in the base monthly rental shall be adjustment shall be made to the asking these regulations for a reason beyond established solely on the criteria in price of any dwelling,to the extent his or her control,including: paragraph(b)(2)(i)of this section.A full justified by local market data (see also (1)A disaster,an emergency,or an time student or resident of an institution J 24.205(a)(2)and Appendix A of this imminent threat to the public health or may be assumed to be a dependent, part).An obviously overpriced dwelling welfare,as determined by the President, I unless the person demonstrates may be ignored. the Federal agency funding the project, otherwise.);or (2)If the site of the comparable or the displacing agency;or (iii)The total of the amounts replacement dwelling lacks a major (2)Another reason,such as a delay in designated for shelter and utilities if exterior attribute of the displacement the construction of the replacement receiving a welfare assistance payment dwelling site,(e.g.,the site is . dwelling,military reserve duty,or from a program that designates the significantly smaller or does not contain hospital stay,as determined by the amounts for shelter and utilities. a swimming pool),the value of such Agency. (3)Manner of disbursement.A rental attribute shall be subtracted from the (e)Conversion of payment.A assistance payment may,at the acquisition cost of the displacement displaced person who initially rents a Agency's discretion,be disbursed in dwelling for purposes of computing the replacement dwelling and receives,a either a lump sum or in installments. payment. rental assistance payment under -However,except as limited by (3)If the acquisition of a portion of a 124.402(b)is eligible to receive a 24.403(f),the full amount vests typical residential property causes the payment under I Z4.401 or J 214.402(c)if immediately,whether or not there is any displacement of the owner from the he or she meets the eligibility criteria for later change in the person's income or dwelling and the remainder is a such payments,including purchase and rent.or in the condition or location of buildable residential lot,the Agency occupancy within the prescribed 1-yeas the person's housing. may offer to purchase the entire period.Any portion of the rental (c)Downpayment assistance property.If the owner refuses to sell the assistance payment that has been payment—(1)Amount of payment:An remainder to the Agency,the fair market disbursed shall be deducted from the eligible displaced person who purchases value of the remainder may be added to payment computed under 124.401 or a replacement dwelling is entitled to a the acquisition cost of the displacement 124.402(c). Federal Register j Vol. 54, No. 40 j Thursday, March 2, 1989 / Rules and Regulations 8,143 (f)Payment after death.A (b)Basic rights of persons to be including upgraded but smaller replacement housing payment is displaced.Notwithstanding any replacement housing that is decent,safe, personal to the displaced person and provision of this subpart,no person and sanitary and adequate to upon his or her death the undisbursed shall be required to move from a accommodate individuals or families portion of any such payment shall not displacement dwelling unless displaced from marginal or substandard t be paid to the heirs or assigns,except comparable replacement housing is housing with probable functional that; available to such person.No person may obsolesence.In no event,however,shall (1)The amount attributable to the be deprived of any rights the person a displaced person be required to move displaced person's period of actual may have under the Uniform Act or this into a dwelling that is not functionally occupancy of the replacement housing part.The Agency shall not require any equivalent in accordance with shall be paid. displaced person to accept a dwelling 4 24.2(d)(2). ;J (2)The full payment shall be provided by the Agency under these (3)The agency shall provide disbursed in any case in which a procedures(unless the Agency and the assistance under this subpart to a member of a displaced family dies and displaced person have entered into a displaced person who is not eligible to t the other family member(s)continue to contract to do so)in lieu of any receive a replacement housing payment occupy a decent,safe,and sanitary acquisition payment or any relocation under Q>l 24AM and 24.402 because of replacement dwelling. payment for which the person may failure to meet the length of occupancy (3)Any portion of a replacement otherwise be eligible. requirement when comparable housing payment necessary to satisfy (c)Methods of providing comparable replacement rental housing is not the legal obligation of an estate in replacement housing.Agencies shall available at rental rates within the connection with the selection of a have broad latitude in implementing this person's financial means,which is 30 replacement dwelling by or on behalf of subpart,but implementation shall be for percent of the person's gross monthly a deceased person shall be disbursed to reasonable cost,on a case-by-case basis household income.Such assistance shall the estate. unless an exception to case-by-case cover a period of 42 months. analysis is justified for an entire project. i 24.404 Replacement housing of last (1)The methods of providing Subpart F—Moblfe Homes resort. replacement housing of last resort (a)Determination to provide include,but are not limited to: 24.501 Applicability. replacement housing of last resort. (i)A replacement housing payment in This subpart describes the Whenever a program or project cannot excess of the limits set forth in J 24.401 requirements governing the provision of proceed on a timely basis because or 124.402.A rental assistance subsidy relocation payments to a person comparable replacement dwellings are under this section may be provided in displaced from a mobile home and/or not available within the monetary limits installments or in a lump sum at the mobile home site who meets the basic for owners or tenants,as specified in Agency's discretion. eligibility requirements of this part. 124.401 or§24.402,as appropriate,the (ii)Rehabilitation of and/or additions Except as modified by this subpart,such Agency shall provide additional or to an existing replacement dwelling. a displaced person is entitled to a alternative assistance under the (iii)The construction of a new moving expense payment in accordance provisions of this subpart.Any decision replacement dwelling. with Subpart D and a replacement to provide last resort housing assistance (iv)The provision of a direct loan, housing payment in accordance with must be adequately justified either. which requires regular amortization or Subpart E to the same extent and (1)On a case-by-case basis,for good deferred repayment.The loan may be subject to the same requirements as cause,which means that appropriate unsecured or secured-by the real persons displaced from conventional consideration has been given to: property.The loan may bear interest or dwellings. (i)The availability of comparable be interest-free. replacement housing in the program or (v)The relocation and,if necessary, ¢24.502 Moving and related expenses— project area;and rehabilitation of a dwelling. mobile homes. (ii)The resources available to provide (vi)The purchase of land and/or a (a)A homeowner-occupant displaced comparable replacement housing;and replacement dwelling by the displacing from a mobile home or mobile homesite (iii)The individual circumstances of agency and subsequent sale or lease to, is entitled to a payment for the cost of the displaced person;or or exchange with a displaced person. moving his or her mobile home on an (2)By a determination that: (vii)The removal of barriers to the actual cost basis in accordance with (i)There is little,if any,comparable handicapped. 24.301.A non-occupant owner of a replacement housing available to (viii)The change in status of the rented mobile home is eligible for actual displaced persons within an entire displaced person with his or her cost reimbursement under 124.303. program or project area;and,therefore, concurrence from tenant to homeowner if the mobile home is not last resort housing assistance is when it is more cost effective to do so, However, nt necessary for the area as a whole;and as in cases where a downpayment may obtains a replacement hod,but the using payment (ii)A program or project cannot be be less expensive than a last resort under one of the circumstances advanced to completion in a timely rental assistance payment. described at 124.503(a)(3),the owner is manner without last resort housing (2)Under special circumstances, not eligible for payment for moving the assistance;and consistent with the definition of a mobile home,but may be eligible for a (iii)The method selected for providing comparable replacement dwelling, for moving personal property last resort housing assistance is cost modified methods of providing payment m the mobile home. effective,considering all elements which replacement housing of last resort from contribute to total program or project permit consideration of replacement _ (b)The following rules apply to costs.(Will project delay justify waiting housing based on space and physical payments for actual moving expenses for less expensive comparable characteristics different from those in under J Z4.301: replacement housing to become the displacement dwelling(see (1)A displaced mobile homeowner, available?) _ Appendix A.of this part, Q 24.404), who moves the mobile home to a 8944 Federal Register / Vol. S4, No. 40 j Thursday, March Z. IM / Rules and Regulations replacement site.is eligible for the replacement housing payment,not to but the occupant is considered displaced reasonable cost of disassembling, exceed$5,250,under 124.402 if: under this part,the`initiation of moving,and reassembling any attached (a)The person actually occupied the negotiations"is the initiation of appurtenances,such as porches,decks, displacement mobile home on the negotiations to acquire the land or,if skirting,and awnings,which were not displacement site for at least 90 days the land is not acquired the written acquired,anchoring of the unit,and immediately prior to the initiation of notification that he or she is a displaced utility"hook-up"charges. negotiations; person under this pert. (2)If a mobile home requires repairs (b)The person meets the other basic (d)Person moves mobile home.If the and/or modifications so that it can be eligibility requirements at §24.402(a); owner is reimbursed for the cost of moved and/or made decent,safe,and and moving the mobile home under this part, sanitary,and the Agency determines (c)The Agency acquires the mobile he or she is not eligible to receive a that it would be economically feasible to home and/or mobile home site,or the replacement housing payment to assist incur the additional expense,the mobile home is not acquired b the in purchasing or renting a replacement reasonable cost of such repairs and/or Agency but the owner or tenant is mobile home.The person may,however, modifications is reimbursable. displaced from the mobile home because be eligible for assistance in purchasing (3)A nonreturnable mobile home park of one of the circumstances described at or renting a replacement site. entrance fee is reimbursable to the §24.503(a)(3). (e)Partial acquisition of mobile home extent it does not exceed the fee at a comparable mobile inns park,if the 124.605 A�o�rules gover hq park.The acquisition of a portion of a relocation payments to mobtte home mobile home ark roe may person is displaced from a mobile home renal art of the property theta a not park or the Agency determines that occupants.Re Replacement hoes remaining p p p payment of the fee is necessary to effect i ) P housing adequate to continue the operation of relocation based on dwelling and site.Both the the park.If the Agency determines that mobile home and mobile home site must a mobile home located in the remaining 124.503 Replacement housing payment be considered when computing a part of the property must be moved as a for 180-day mobile homeowner-occupantL replacement housing payment.For direct result of the project, the owner (a)A displaced owner-occupant of a example,a displaced mobile home and any tenant shall be considered a mobile home is entitled to a replacement occupant may have owned the displaced person who is entitled to housing payment,not to exceed$22,500, displacement mobile home and rented relocation payments and other under§24-401 if: the site or may have rented the assistance under this part. (1)The person both owned the displacement mobile home and owned displacement mobile home and occupied the site.Also,a person may elect to Subpart G—CartMeatlon it on the displacement site for at least purchase a replacement mobile home 180 days immediately prior to the and rent a replacement site,or rent a 124.601 Pwpow A,- initiation of negotiations; replacement mobile home and purchase This subpart permits a State Agency (2)The person meets the other basic a replacement site.In such cases,the to fulfill its responsibilities under the eligibility requirements at§24AM(a); total replacement housing payment shall Uniform Act by certifying that it shall and consist of a payment for a dwelling and operate in accordance with State laws (3)The Agency acquires the mobile a payment for a site,each computed and regulations which shall accomplish home and/or mobile home site,or the under the applicable section ir.Subpart the purpose and effect of the Uniform mobile home is not acquired by the E.However,the total replacement Act,in lieu of providing the assurances Agency but the owner is displaced from housing payment under Subpart E shall required by§24.4 of this part the mobile home because the Agency not exceed the maximum payment determines that the mobile home: (either$22.500 or$5,250)permitted 24.602 Cortticaon appkatiOn- (i)Is not and cannot economically be under the section that governs the (a)General.(1)The State governor,or made decent,safe,and sanitary,or computation for the dwelling.(See also his or her designee.on behalf of any (ii)Cannot be relocated without §24.403(b).) State agency or agencies may apply for substantial damage or unreasonable (b)Cost of comparable replacement certification in accordance with this cost;or dwelling—(1)If a comparable section. (iii)Cannot be relocated because replacement mobile home is not (2)The governor may designate a lead there is no available comparable available,the replacement housing agency to administer,certification in replacement site;or payment shall be computed on the basis accordance with this section. (iv)Cannot be relocated because it of the reasonable cost of a conventional does not meet mobile home park comparable replacement dwelling. (b)Responsibilities of State agency— does requirements. (2)If the Agency determines that it (1)The State agency's application shall M If the mobile home is not acquired, would be practical to relocate the be submitted to the governor,or his or and the Agency determines that it is not mobile home,but the owner-occupant her designee,for approval or practical to relocate it,the acquisition elects not to do so,the 'Agency may disapproval. cost of the displacement dwelling used determine that,for purposes of y (2)The State agency application shall when computing the price differential computing the price differential under contain a statement that the State amount,described at §24.401(c).shall §24.401(c),the cost of a comparable agency shall carry out the include the salvage value or trade-in replacement dwelling is the sum of: responsibilities imposed by the Uniform value of the mobile home,whichever is (i)The value of the mobile home, Act.The State agency application shall higher. (ii)The cost of any necessary repairs include a copy of the State laws and - §24.504 R or modifications,and regulations which shall accomplish the Replacement housing payment (iii)The estimated cost of moving the purpose and effect of the Uniform Act. for 90-day mobile home occupant& mobile home to a replacement site. (c)Responsibilities ofgovernoror his A displaced tenant or owner-occupant (c)Initiation of negotiations.If the or her designee. (1)The governor,or his J a mobile home is eligible for a mobile home is not actually acquired, or her designee,shall approve or 1 Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1%9 / RuIes-and Regulations 8945 disapprove the State agency's and regulations accomplish the purpose notice to and consultation with the application. and effect of the Uniform Act,with governor,or his or her designee,rescind (2)The governor,or his or her particular emphasis on the definition of any previous approval provided under designee,shall have discretion to a displaced person,the categories of -this subpart if the certifying State disapprove any State agency assistance required,and the levels of agency fails to comply with its application, assistance provided to persons in such certification or with applicable State (3)The governor,or his or her categories; law and regulations.The Federal agency designee,shall analyze State law and (iii)Provide a 60-day period of public shall initiate consultation with the lead ! regulations and shall certify that they review and comment,and solicit and agency at least 30 days prior to any accomplish the purpose and effect of the consider the views of interested general decision to rescind approval of a Uniform Act. purpose local governments within the certification under this subpart.The lead (4)The governor,or his or her State,as well as the views of interested agency will also inform other Federal I designee,shall determine in writing Federal and State agencies and consider agencies which have accepted a whether the State agency's professional all comments received as a result;and certification under this subpart from the staffing is adequate to fully implement (iv)Consider any extraordinary same State agency,and will take the State law and regulations. information it believes to be relevant. whatever other action that may be (5)If the State agency's application is . (2)After considering all the appropriate. approved by the governor,or his or her information provided,the lead agency (d)Section 103(b)(2)of the Uniform designee,it shall be transmitted to the shall either make a finding that the State Act,as amended,requires that the head l Federal agency providing financial agency will carry out the Federal en � of the lead agency report biennially to assistance to the State ag ency,cy,with an agency's Uniform Act responsibility in the Congress on State agency information copy to the Federal lead accordance with State laws and implementation of section 103.To agency. regulations which shall accomplish the (6)When a determination is received same purpose and effect as the Uniform enable adequate preparation of the prescribed biennial report,the Lead from the Federal funding agency,the Act,or shall make a determination that governor,or his or her designee,shall a finding cannot be made;and shall so agency may require periodic information notify the State agency. inform the Federal funding agency. or data from affected Federal or State (d)Responsibilities of Federal funding g �� agencies. agency. (1)The Federal funding agency $24.603 MoWOting and con 9 scum Appendix A to Part 24--Additional shall accept the approved application (a)The Federal lead agency shall,in Information for certification provided by the coordination with other Federal governor or his or her designee and shall agencies,monitor from time to time This appendix provides additional not conduct an independent review State agency implementation of information to explain the intent of unless or until future monitoring or other programs or projects conducted under certain provisions of this part. appropriate indicators reveal program the certification process and the State Subpart A--General deficiencies originating therefrom. agency shall make available any (2)The Federal funding agency shall information required for this purpose. Section 242 Definitions transmit all complete,approved (b)A Federal agency that has of applications,for certification to the accepted a State Agency's certification Section a replacement ce nt dwelling. g. Federal lead agency. pursuant to this subpart should withhold comparable replacement dwelling.The (3)At the same time as transmission its approval of any of its Federal requirement in 124.2(d)(2)that a to the Federal lead agency or during the financial assistance to any project, comparable replacement dwelling be public comment period,the Federal program,or activity,in progress or to be "functionally equivalent"to the funding agency shall provide to the lead undertaken by such State agency,if it is emplacement dwelling means that it agency its written assessment of the found by the Federal agency that the must perform the same function,provide State agency's capabilities to operate State agency has failed to comply with the same utility,and be capable of under certification. the applicable State law and regulations contributing to a comparable style of (4)The Federal funding agency shall implementing these pro visions of the living as the displacement dwelling. promptly notify the governor,or his or Uniform Act for which the State agency While it need not possess every feature her designee,of the Federal lead would otherwise have provided the of the displacement dwelling,the agency's determination described in assurances required by sections 210 and principal features must be present. paragraph(e)(2)of this section.. 305 of the Uniform Act.The Federal For example,if the displacement (5)The Federal funding agency shall agency may withhold Federal financial dwelling contains a pantry and a similar recognize the State agency's assistance if the certifying State agency dwelling is not available,a replacement certification within 30 days of the fails to comply with the applicable State dwelling with ample kitchen cupboards Federal lead agency's finding. law and regulations implementing other may be acceptable.Insulated and (e)Responsibilities of Federal lead provisions of the Uniform Act.The heated space in a garage might prove an agency. (1)The lead agency shall: Federal agency shall notify the lead adequate substitute for basement (i)Accept the approval provided by agency at least 15 days prior to any workshop space.A dining area may the governor,or his or her designee,and decision to withhold funds under this substitute for a separate dining room. shall not conduct an independent subpart The lead agency may consult Under some circumstances,attic space review,except as provided for in with the Federal agency upon receiving could substitute for basement space for paragraphs(e)(1)(ii),(iii)and(iv)of this such notification.The lead agency will storage purposes,and vice versa. section,unless future monitoring or also inform other Federal agencies Only in unusual circumstances may a other appropriate indicators reveal which have accepted certification under comparable replacement dwelling program deficiencies originating this subpart from the same State agency contain fewer rooms or,consequentially, therefrom; of the pending action.. less living space than the displacement (ii)Analyze the extent to which the (c)A Federal agency may,after dwelling.Such may be the case when a provisions of the applicable State laws consultation with the lead agency,and decent,safe,and sanitary replacement 8946 Federal Register / Vol. 54, No. 40 / Thursday, March Z, 1989 / Rules and Regulations dwelling(which by definition is moving expenses and increased housing Subpart B—Real Property Acquisition "adequate to accommodate"the costs during the temporary relocation. displaced person)may be found to be It is also noted that any person who Section 24.101 Applicability of "functionally equivalent"to a larger but disagrees with the Agency's Acquisition Requirements very run-down substandard determination that he or she is not a Section 24.101(b) Less-than-full-fee displacement dwelling. displaced person under this part may interest in real property.This provision Section 24.2(d)(7)requires that a file an appeal in accordance with provides a benchmark beyond which the comparable replacement dwelling for a 124.10. requirements of the subpart clearly person who is not receiving assistance Section 24.2(k) Initiation of apply to leases.However,the Agency under any government housing program negotiations.This section of the part; may apply the regulations to any less- before displacement must be currently provides a special di than-full-fee acquisition which is short available on the private market without definition for of 50 years but which in its judgment any subsidy under a government acquisitions and displacements under Pub.L.98-510 or Superfund.These should be covered. housing program, activities differ under Superfund in that A public housing unit may qualify as a Section 24.102 Basic Acquisition comparable replacement dwelling only relocation may precede acquisition,the Policies for a person displaced from a public reverse of the normal sequence. housing unit;a privately-owned Superfund is a program designed to Section 24.102(d) Establishment of dwelling writh a housing program clean up hazardous waste sites.When offer of just compensation.The initial subsidy tied to the unit may qualify as a such a site is discovered,it may be offer to the property owner may not be comparable replacement dwelling only necessary,in certain limited less than the amount of the Agency's for a person displaced from a similarlycircumstances,to alert the public to the approved appraisal,but may exceed subsidized unit or public housing;a danger and to-the advisability of moving that amount if the Agency determines housing program subsidy to a person immediately.If a decision is made later that a greater amount reflects just (not tied to the building), to permanently relocate such persons, compensation for the property. such gr a HU those who had moved earlier would no Section 24.102 Basic negotiation Section 8 Existing Housing Program (f) g Certificate or a Housing Voucher,may longer be on site when a formal,written procedures.It is intended that an offer be reflected in an offer of a comparable offer to acquire the property was made to an owner be adequately presented, replacement dwelling to a person and thus would lose their eligibility for a and that the owner be properly receiving a similar subsidy or occupying replacement housing payment.In order informed.Personal,face-to-face contact a privately-owned subsidized unit or to prevent this unfair outcome,we have should take place,if feasible,but this public housing unit before displacement. Provided a definition which is based on section is not intended to require such However,nothing in this part the public health advisory or contact in all cases. prohibits an Agency from offering,or announcement of permanent relocation. Section 24.102(i) Administrative .... precludes a person from accepting, Section 24.3 No Duplication of settlement.This section provides assistance under a government housing Payments guidance on administrative settlement program,even if the person did not as an alternative to judicial resolution of receive similar assistance before This section prohibits an Agency from a difference of opinion on the value of a displacement.However,the Agency is making a payment to a person under property,in order to avoid unnecessary obligated to inform the person of his or these regulations that would duplicate litigation and congestion in the courts. her options under this part.(If a person another payment the person receives All relevant facts and circumstances accepts assistance under a government under Federal,State,or local law.The should be considered by an Agency housing program,the rental assistance Agency is not required to conduct an official delegated this authority. payment under 1 24.402 would be exhaustive search for such other Appraisers,including reviewing computed on the basis of the person's Payments;it is only required to avoid appraisers,must not be presurd to actual out-of-pocket cost for the creating a duplication based on the adjust their estimate of value for the replacement housing.) Agency's knowledge at the time a purpose of justifying such settlements. Section 24.2(g)(2) Persons not Payment under these regulations is Such action would invalidate the displaced. Section 24.2(g)(2)(iv) computed. appraisal process. recognizes that there are circumstances Section 24.9 Recordkeeping and Section 24.102(j) Payment before where the acquisition of real property Reports taking possession. It is intended that a takes place without the intent or right-of-entry for construction purposes necessity that an occupant of the Section 24.9(c) Reports.This be obtained only in the exceptional case, property be permanently displaced. paragraph allows Federal agencies to such as an emergency project.when Because such occupants are not require the submission of a report on there is no time to make an appraisal considered displaced persons under activities under the Uniform Act no and purchase offer and the property this part,great care must be exercised to more frequently than once every three owner is agreeable to the process. ensure that they are treated fairly and' years.The report,if required,will cover Section 24.102(m) Fair rental. equitably.For example,if the tenant- activities during the Federal fiscal year Section 301(6)of the Uniform Act limits occupant of a dwelling will not be immediately prior to the submission what an Agency may charge when a displaced,but is required to relocate date.In order to minimize the former owner or previous occupant of a temporarily in connection with the administrative burden onsee Agencies project.the temporarily-occupied implementing this part,a asic report property is permitted to rent the housing must be decent,safe,and form A P property for a short term or when ( Appendix B of this part)has occupancy is subject to termination by sanitary and the tenant must be been developed which.with only minor the Agency on short notice.Such rent reimbursed for all reasonable out-of- modifications,would be used in all may not exceed the fair rental value -.,pocket expenses incurred in connection Federal and federally-assisted programs * * *to a short-term occupier." with the temporary relocation,including or projects. Generally,the Agency's right to Federal Register / Vol. 54, No. 40 j Thursday, March 2, 1989 / Rules and Regulations94? terminate occupancy on short notice - for the reviewer's recommended or lowest acceptable bid or estimate,as (whether or not the renter also has that approved value depend on the provided for in§24.303(c). right)supports the establishment of a complexity of the appraisal problem.For lesser rental than might be found in a a Iow value property requiring an Subpart D—Payment for Moving and longer,fixed-term situation. uncomplicated valuation process,the Related Expenses Section 24.103 Criteria for Appraisals reviewer's approval,endorsing the Section 24.308 Fixed Payment for Section 24.103(a) Standards of appraiser's report.may satisfy the Moving Expenses Nonresidential appraisal.In paragraph(a)(3)of this requirement for the reviewer's Moves - 1 section,it is intended that all relevant statement. j Section 24.308(d) Nonprofit and reliable approaches to value be Section 24.106 Expenses Incidental to organizations.Gross revenues may utilized.However,where an Agency Transfer of Title to the Agency include membership fees,class fees. i determines that the market approach cash donations,tithes,receipts from will be adequate by itself because of the Generally,the Agency is able to pay sales or other forms of fund collection type of property being appraised and the such incidental costs directly and, that enal)les the non-profit organization availability of sales data,it may limit where feasible,is required to do so.in to operate.Administrative expenses are the appraisal assignment to the market order to prevent the property owner those for administrative support such as from making unnecessary out-of-pocket approach. expenditures and to avoid duplication of rent,utilities,salaries,advertising and Section 24.103(b) Influence of the other like items as well as fund raising project on just compensation.As used in expenses,the property owner should be expenses.Operating expenses for i this section,the term"project"is informed early in the acquisition process carrying out the purposes of the non- of intended to mean an undertaking which the Agency s intent to make such I profit organization are not included in arrangements. n addition,it is is planned,designed,and intended to administrative expenses.The monetary operate as a unit. emphasized that such expenses must be receipts and expense amounts may be Because of the public knowledge of reasonable and necessary. verified with certified financial i the proposed project,property values Subpart C—General Relocation statements or financial documents j may be affected.A property owner Requirements required by public agencies. should not be penalized because of a decrease in value caused by the Section 24204 Availability of Section 24.307 Discretionary Utility proposed project nor reap a windfall at Comparable Replacement Dwelling Relocation Payments public expense because of increased Before Displacement Section 24.307(c)describes the issues value created by the proposed project. Section 24.204(a) General This which must be agreed to between the Section 24.103(e) Conflict of interest provision requires that no one maybe displacing agency and the utility facility The overall objective is to minimize the to owner in determining the amount of the risk of fraud and mismanagement and to required move from r able replacement relocation payment.To facilitate and aid promote public confidence in Federal without e com ng having been made available.]n in reaching such agreement,the and federally-assisted land acquisition addition, $ ving (a)requires practices in the Federal Highway uires that,more practices.Recognizing that the costs "Where possible,three Administration regulation,23 CFR 645. may outweigh the benefits in some Sub art A UtilityRelocations, a circumstances, 124.103 comparable replacement dwellings shall p ( )provides that Adjustments and Reimbursement, be made available."Thus the basic the same person may both appraise and standard for the number of referrals should be followed. negotiate an acquisition,if the value is $2.5W or less.However,it should be required under this section is three. Subpart E—Replacement Housing noted that all appraisals must be Only in situations where three Payments reviewed in accordance with§24.104. comparable replacement dwellings are not available(e.g.,when the local Section 24.401 Replacement Housing This includes appraisals of real property or 180-D Payment a � valued at$2,500,or less. housing market does not contain three Pa y f S Homeowner- comparable dwellings)may the Agency Occupants Section 24.104 Review of appraisals make fewer than three referrals. Section 24.401(a)(2).The provision for This section recognizes that Agencies Section 24.205 Relocation Assistance extending eligibility for a replacement differ in the authority delegated to the Advisory Services housing payment beyond the one year review appraiser.In some cases the period for good cause means that an reviewer establishes the amount of the Section 24-2035(c)(2)(ii)(C)is intended extension may he granted if some event offer to the owner and in other cases the to emphasize that if the comparable beyond the control of the displaced reviewer makes a recommendation replacement dwellings are located in person such as acute or life threatening which is acted on at a higher level.It is areas of minority concentration, illness,bad weather preventing the also within Agency discretion to decide minority persons should,if possible,also completion of construction of a whether a second review is needed if be given opportunities to relocate to replacement dwelling or other like the first review appraiser establishes a replacement dwellings not located in circumstances should cause delays in value different from that in the appraisal such areas. occupying a decent,safe, and sanitary report or reports on a property. Section 24.207 General replacement dwelling. Before acceptance of an appraisal,the Requirements--Claims for Relocation Section 24.401(c) Price differential. review appraiser must determine that payments The provision in J 24.401(c)(4)(W)to use the appraiser's documentation,including the current fair market value for valuation data and the analyses of that Section 24.207(a)allows an Agency to residential use does not mean the data,demonstrates the soundness of the make a payment for low cost or Agency must have the property appraiser's opinion of value.The uncomplicated moves without appraised.Any reasonable method for qualifications of the review appraiser additional documentation,as long as the arriving at the fair market value may be and the level of explanation of the basis payment is limited to the amount of the used. i 8948 Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations Section 24.401(d)Increased mortgage new mortgage($42,010.18),the buydown comparables,but cannot acquire the interest costs.The provision in shall be prorated accordingly.If the property for the adjusted price,it is § 24.401(d)set forth the factors to be actual mortgage obtained in our appropriate to increase the replacement used in computing the payment that will example were$35,000,the buydown housing payment to the actual purchase be required to reduce a person's payment would be$7,706.57($35,000 _ amount. replacement mortgage(added to the by$42,010.18 = .83$9,250.13 X •a3 = Section 24.404 Replacement Housing downpayment)to an amount which can $7,708.57). be amortized at the same monthly ' The Agency is obligated to inform the of Last Resort payment for principal and interest over person of the approximate amount of Section 24.404(b)Basic rights of the same period of time as the remaining this payment and that he or she must persons to be displaced.This paragraph term on the displacement mortgages. obtain a mortgage of at least the same affirms the right of a 180-day This payment is commonly known as amount as the old mortgage and for at homeowner-occupant,who is eligible for the"buydown." least the same term in order to receive a replacement housing payment under The remaining principal balance,the the full amount of this payment.The 124.401,to a reasonable opportunity to interest rate,and monthly principal and displacee is also to be advised of the purchase a comparable replacement interest payments for the old mortgage interest rate and points used to calculate dwelling.However,it should be read in as well as the interest rate,points and the payment. conjunction with the definition of term for the new mortgage must be Section 24.402 Replacement Housing "owner of a dwelling"at§24.2(p).The known to compute the increased payment for90-Day Occupants Agency is not required to provide mortgage interest costs.If the The downpayment assistance persons owning y onl a fractional combination of interest and points for the new mortgage exceeds the current provisions in§24.402(c)are intended to interest in the displacement dwelling a revs fixed interest rate and points limit such assistance to the amount of greater level of assistance to purchase a p P the computed rental assistance payment replacement dwelling than the Agency for conventional mortgages and there is would be required to provide such no justification for the excessive rate, for a tenant or an eligible homeowner.It q then the current prevailing fixed interest does,however,provide the latitude for persons if they owned fee simple title to and points shall be used the Agency discretion in offering the displacement dwelling.If such rate rate and Justification maybe the downpayment assistance which exceeds assistance is not sufficient to buy a compuunavailability of the current prevailing the computed rental assistance replacement dwelling,the Agency may rate due t the amount current the new payment,up to the$5,250 statutory provide additional purchase assistance mortgage,credit difficulties,or other maximum.This does not mean, or rental assistance. similar reasons. however,that such Agency discretion Section 24.404(c) Methods of may be exercised in a selective or providing comparable replacement Sample Computation discriminatory fashion.The displacing housing.The use of cost effective means agency should develop a policy which of providing comparable replacement Old Mortgage: affords equal treatment for persons in housing is implied throughout the Remaining Principal Balance..... $50=0 like circumstances and this policy subpart.The term"reasonable cosi"is Monthly Payment (principal should be applied uniformly throughout used here to underline the fact that and interest)_.-- .... ..interest)_.--_....__.. 45827 the Agency's programs or projects.It is while innovative means to provide ` Interest rate(percent)................. 7 displacing a recommended that dis l New Mortgage: P 8 envies 8 housing are encouraged,they should be Interest rate(percent)................. 10 coordinate with each other to reach a cost-effective. Points........... ......._....................... 3 consensus on a uniform procedure for Section 24.404(c)(2)permits the use of Term(years)................... .... is the State and/or the local jurisdiction. ' For purposes of this section,the term last resort housing,in special cases, downpayment means the downpayment which may involve variations from the Remaining term of the old mortgage is ordinarily required to obtain usual methods of obtaining determined to be 174 months. conventional loan financing for the comparability.However,it should be (Determining,or computing,the actual decent,safe,and sanitary dwelling specially noted that such variation remaining term is more reliable than actually purchased and occupied. should never result in a lowering of using the data supplied by the However,if the downpayment actually housing standards nor should it ever mortgagee).However,if it is shorter,use required of a displaced person for the result in a lower quality of living style the term of the new mortgage and purchase of the replacement dwelling for the displaced person.The physical compute the needed monthly payment. exceeds the amount ordinarily required, characteristics of the comparable Amount to be financed to maintain the amount of the downpayment replacement dwelling may be dissimilar monthly payments of$458.22 at 10%-- the amount which the Agency may be to those of the displacement dwelling $42,010.18 determines is necessary. Y but they may never be inferior. One.example might be the use of a $50,000 00 Section 24.403 Additional Rules new mobile home to replace a very —42,010.18 Governing Replacement Housing substandard conventional dwelling in Increased mortgage interest Payments an area where comparable conventional costs................................................ 7989.82 Section 24.403(a)(1).The procedure dwellings are not available. 3 points on$42,010.50...................... 1:280.31 for adjusting the asking price of - Another example could be the use of a Total buydown necessary comparable replacement dwellings superior,but smaller decent,safe and to maintain payments requires that the agency provide sanitary dwelling to replace a large,old at$45822/month.............. 9,250.13 advisory assistance to the displaced substandard dwelling,only a portion of person concerning negotiations so that which is being used as living quarters by he or she may enter the market as a the occupants and no other large If the new mortgage actually obtained knowledgeable buyer.If a displaced comparable dwellings are available in is less than the computed amount for a person elects to buy one of the selected the area. Federal Register / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and Regulations 8949 Subpart F—Mobile Homes approved,regardless of whether the Report in Column(B)the total financial Section 24.503 Replacement Housing Payment is to be paid in installments. assistance under section 20;(a) "ayment for 180-Day Mobile 5.How to report dollar amounts. allocable to the households reported in lomeowner-Occupants Round off all money entries in Parts B Column(A).(If a household received and C to the nearest dollar. financial assistance under section 203 or A 180-day owner-occupant who is 6.Statutory references.The section 204 as well as under section 20; displaced from a mobile home on a references in Part B indicate the section (a)of the Uniform Act,report the rented site may be eligible for a of the Uniform Act that authorizes the household as a displacement in Column replacement housing payment for a cost. (A),but in Column(B)report only the dwelling computed under J 24.401 and a part A. Persons displaced amount of financial assistance allocable replacement housing payment for a site to section Z06(a).For example,if a computed under J 24.402.A 180-day Report in Part A the numbers tenant-household receives a payment of owner-occupant of both the mobile persons("households,""businesses, $7,000 to rent a replacement dwelling, home and the site,who relocates the including nonprofit organizations,"and the sum of$5,250 shall be included on mobile home,may be eligible fora "farms")who were permanently Line 10,Column(B),and$1,750 shall be replacement housing payment under displaced during the fiscal year by included on Line 12B,Column(B).) §24.401 to assist in the purchase of a project or program activities and moved Line 13.Report on Line 13 all replacement site or,under§24.402,to to their replacement dwelling or administrative costs incurred during the assist in renting a replacement site. location.This includes businesses, report year in connection with providing nonprofit organizations and farms relocation advisory assistance and Appendix B to Part 24--Statistical which,upon displacement,discontinued services under section 205 of the Report Form operations.The category households Uniform Act. This appendix sets forth the statistical includes all families and individuals.A Line 15.Report on Line 15 the total family shall be reported as"one" information collected from Agencies in household.not by the number of people number of relocation appeals filed accordance with J 24.9(c). the family unit.Persons shall be during the fiscal year by aggrieved in persons. General reported according to their status as 1.Report coverage.This report covers `owners"or"tenants"of the property Part C. Real property acquisition all relocation and real property from which displaced. subject to Uniform Act acquisition activities under a Federal or Part B. Relocation payments and Line 16, Columns(A)and(B).Report a federally assisted project or program expenses in Column(A)all parcels acquired subject to the provisions of the Uniform d there report year where title or p Columns(A)and(B).Report in �� p Relocation Assistance and Real Column(A)the number of possession was vested in the acquiring . Property Acquisition Policies Act of agency during the reporting period. displacements during the report year. --"-t970,as amended by Pub.L 100-17,101 Report in Column(B)the total amount (Include parcels acquired without Rat.132. Federal financial assistance,if there 2.Re ort eriod.Activities shall be represented by the displacements was or will be Federal financial P P reported in Column(A). reported on a Federal Fiscal Year basis, Line 7A is a new line item for assistance in other phases of the project i.e.,October i through September 30. reporting the business reestablishment or program.)Report in Column(B)the 3.Where and when to submit report. expense payment. total of the amounts paid,deposited in Submit an original and two copies of Lines 7A and 9,Column(B).Report in court,or otherwise made available to a this report to(Name and Address of Column(B)the amount of costs that Property owner pursuant to applicable Federal Agency)as soon as possible were included in the total amount law in order to vest title or possession in after September 30,but NOT LATER approved on Lines 5 and 8,Column(B). the acquiring agency. THAN NOVEMBER 15. Lines 12A and B.Report in Column Line 17.Report on Line 17 the number 4.How to report relocation payments. (A)the number of households displaced of parcels reported on Line 16 that were The full amount of a relocation payment by projector program activities which acquired by condemnation where price shall be reported as if disbursed in the were provided assistance in accordance disagreement was involved. year during which the claim was with section 206(a)of the Uniform Act. MUNG CODE 4910--ateM s UNIFORM RELOCATION ASSISTANCE Form Approved 00 0 AND REAL PROPERTY ACQUISITION OMB No: I G7 StAtISTtCAI REPORT foRM Exp. Date: FEDERAL FISCAL YEAR ENDING SEPT. 30, 19— Attachment - Appendix B REPORTING AGENCY The butden for this teport is estimated to average — hours per response. Inctuding reviewing instructions, searching data sources, gathering/ CITY/COUNTY/STATE Maintaining data, and completing/reviewing the report. Send comments to: Federat Highway Administration, Office of Right-of-Way, Washington, D.C. FEDERAL FUNDING AGENCY 20590 and to: Office of Management and Budget, Paperwork Reduction PrOJect (2105-0508), Washington, D.C. 20503. ..-.ram.. -. �... ..�.�.... .�r.._.�.� ►, PART A. PERSONS DISPLACED BY ACTIVITIES SUBJECT TO THE UNIFORM ACT DURING THE FISCAL YEAR ITEM — TOTAL(A) OWNERS (B) -- TENANTS(C) 1. HOUSEHOLDS (FAM)LIES Z INDIVIDUALS) '.. 2. BUSINESSES i NONPROFIT ORGANIZATIONS _ 3. FARMS— PART S. RELOCATION PAYMENTS ti EXPENSES UNDER THE UNIFORM ACT DURING THE FISCAL YEAR cn ITEM — NO. OF DISPLACEMENTS AMOUNT($) Z O 4. PAYMENTS FOR MOVING HOUSEHOLDS — ACTUAL EXPENSES-SEC, 202(A) 5.* PAYMENTS FOR MOVING HOUSEHOLDS SCHEDULE PAYMENT/DISLOCATION ALLOWANCE-SEC. 202(d) -� 6. PAYMENTS FOR MOVING BUSINESSES/FARM!/NPO ACTUAL EXPENSES-SEC 102(A)' —r - 7. PAYMENTS FOR MOVING BUSINESSES/FARMS/NPO IN LIEU PAYMENTS-SEC. 202(C) CL 7A. NO. OF CLAIMS AND AMOUNT ON LINE 6 ATTRIBUTABLE TO REESTABLISHMENT EXPENSES t< 8. REPLACEMENT HOUSING PAYMENTS FOR 180-DAY HOMEOWNERS-ZEC. 203(A) r 9. NO. OF CLAIMS AND AMOUNT ON LINE 8 ATTRIBUTABLE TO INCREASED MORTGAGE INTEREST COSTS n 10. RENTAL ASSISTANCE PAYMENTS (TENANTS Z CERTAIN OTHERS)-SEC. 204(1) N 11. DOWNPAYMENT ASSISTANCE PAYMENTS (TENANTS & CERTAIN OTHERS)-SEC. 204(2) ----___—� -- r 12A. HOUSING ASSISTANCE AS LAST RESORT-SEC. 206(A) .OWNERS 128. HOUSING ASSISTANCE AS LAST RESORT-SEC. 206(A) TENANTS cv 13. RELOCATION ADVISORY SERVICES COSTS-SEC. 205 14. TOTAL (SUN OF LINES 4(e) THROUGH 13(8j), EXCLUDING LINES 7A AND q — M��'�������'� � CL -r�.i...r�►r+rr___ ------------------ -.. --__-_--_-___-.r..__ -_-__-_ 15. RELOCATION GRIEVANCES FILED DURING THE FISCAL YEAR IN CONNECTION WITH PROJECT/PROCRAM f p�e�lItM11 00 PART C. REAL PROPERTY ACQUISITION SUBJECT TO THE UNIFORM ACT DURING THE FISCAL YEAR •�•y1 C ITEM NO. OF PARCELS (A) COMPENSATION(B) C -- -_- — -----. -,._-- - — - --_-��.r — H 16. TOTAL PARCELS ACQUIRED 17. TOTAL PARCELS ACQUIRED BY CONDEMNATION INCLUDO ON LINE 16 WHERE PRICE DISAGREEMENT WAS INVOLVED (FR Doc.88-4543 Filed 3-1-89;8:45 amJ A BILLING CODE 4910-22-C 1 t , Federal Register / Vol. 64, No. 40 1 Thursday, March 2, 2989 / Notices 8941 DEPARTMENT OF TRANSPORTATION Assistance and Real Property personal property for the move may be Acquisition Policies Act of 1970,Pub.L. paid at the agency's discretion. ,,Federal Highway Administration 91-.846,84 Stat.1894(Uniform� � Act),as 9.The expense and dislocation Jniform Relocation and Real Property amended by section 405(b)of the 1987 allowance to a person with minimal Acquisition for Federal and Federally- Amendments,provides that a displaced personal possessions who is in ' 4 individual or family may elect to be aid Assisted Programs;Fixed Payment for for moving expenses s on the basis of a occupancy of a dormitory style room Moving Expenses;Residential Moves shared by two or more other unrelated moving expense and dislocation persons shall be limited to$50.00. AGENCY:Federal Highway allowance schedule established by the An occupant who moves from a Administration(FHWA),DOT. head of the lead agency as an mobile home maybe paid for the ACTION:Notice. alternative to being paid for moving and � related expenses actually incurred. removal of personal property from the 3 SUMMARY:The purpose of this notice is Section 405(b)eliminated statutory mobile home in accordance with the t moving and dislocation allowance to publish the alternative moving limitations on the amounts that could be .payment schedule. expense and dislocation allowance paid pursuant to such a schedule. schedule for persona displaced from Implementing regulations at 49 CFR Any government,agency or person dwellings in each State,the District of 24.302 provide that the FHWA will that is in compliance with d le b Part Columbia,Puerto Rico,and the Virgin develop and approve this schedule. 24 may implement the schedule being published today.Any government, Islands as required by section 405(b)of The purpose of this notice is to agency or person that is unable to the Surface Transportation and Uniform publish the schedule approved by the Relocation Assistance Act of 1987,Pub. FHWA for use in payment a comply with 49 CFR Part 24 at this time determinations L.100-17,101 Stat.132(1987 P tions by all Federal,State and may continue to use the moving expense Amendments). local governments,and persons affected schedule published in the Federal EFFECTIVE DATE:The provisions of this by the Uniform Act,as amended.It has Register on December 30,1986.until the Notice are effective March 2,1989.For been developed from data provided by schedule published here becomes further information about State highway agencies,and mandatory on April 2,1989,the date that implementation dates,see the incorporates the dislocation allowance the 1987 Amendments and 49 CFR Part discussion in the supplementary within the schedule's a 24 become fully applicable. - information section below. payment amounts. The exceptions and limitations are as (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION'CONTACT: follows: Program Number 20.205,Highway Planning Barbara J.Satorius,Policy Development 1.The expense and dislocation and Construction.The regulations Branch,Office of Right-of-Way(202- allowance-to a person whose residential implementing Executive Order 123n 366-2043);or Reid Alsop,Office of the move is performed by an agency at no regarding intergovernmental consultation on " ` Chief Counsel(202-366-1371).Federal cost to the person shall be limited to Federal programs and activities apply to this 'ghway Administration,400 Seventh program.) A$50. .reet,SW.,Washington,DC 20590. 2.An occupant will be paid on an (42 U.S.C.4WI;49 CFR 24.302(a)). Office hours,Monday-Friday are from actual cost basis for moving his or her Issued on February 24,1989. 7:30 a.m.to 4:00 p.m.,e.t. Robert E.Farris, mobile home from the displacement site. SUPPLEMENTARY INFORMATION:Section In addition,a reasonable payment to the Federal Highway Administrator. 202(b)of the Uniform Relocation occupant for packing and securing 00.LM CODE eta 8952 Federal Register/ Val. 54,No.40 /Thursday. March Z. 1989 / Notices , RESIDENTIAL MOVING EXPENSE & DISLOCATION ALLOWANCE 'PAYMENT SCHEDULE OCCUPANT OWNS FURNITURE (1) & (2) OCCUPANT DOES NOT OWN FURNITURE (3) STATE NUMBER OF ROOMS OF FURNITURE EACH ADD. FIRST JEACH ADD. 1 2 1 3 1 4 ( 5 1 6 1 7 1 8 ROOM ROOM ROOM ALABAMA 250 350 450 550 625 700 775 850 75 200 25 ALASKA 350 500 650 800 925 1050 1175 1300 100 225 35 ARIZO14A 250 400 550 650 750 650 950 1050 100 225 35 AR.KANSAS 250 350 450 550 625 700 775 850 75 200 25 CALIFORNIA 250 400 550 '550 750 850 950 1050 100 225 35 COLORADO 250 400 550 650 750 650 950 1050 100 225 35 CONNECTICUT 250 400 550 650 750 B50 950 1050 100 225 35 DELAWARE 250 350 450 550 625 700 775 850 75 200 25 D. C. 250 400 550 650 750 850 950 1050 100 225 35 FLORIDA 250 350 450 550 625 700 775 850' 75 200 25 GEORGIA 250 350 450 550 625 700 775 850 75 200 •25 HAW All 250 400 550 650 750 850 950 1050 100 225 35 IDAHO 250 350 450 550 625 700 775 850 75 200 25 ILLINOIS 250 400 550 650 750 .850 950 1050 100 225 35 IDIDIANA 250 400 550 650 750 850 950 1050 100 225 35 IOWA 250 350 450 550 625 700 775 850 .75 200 25 KA.NSAS 250 350 450 SSa 625 700 775 850 75 200 25 KENTU CKY 250 400 550 650 750 850 950 1050 100 225 35 LOUISIANA 250 350 450 550 625 700 775 850 75 200 25 MAINE 250 350 450 550 625 700 775 850 75 200 25 MARYLAND 250 400 550 650 750 250 950 1050 100 225 35 MASSACHUSETTS 250 400 550 650 750 850 950 1050 100 225 35 MICHIGAN 250 400 550 650 750 850 950 1050 100 225 35 MINNESOTA 250 4D0 550 -650 750 850 950 1050 100 225 35 MISSISSIPPI 250 350 450 550 625 700 775 850 75 200 25 MISSOURI 250 350 450 550 625 700 775 850 75 200 25 MONTANA 250 350 450 550 625 700 775 850 75 200 25 NESRASKA 250 350 450 550 625 700 775 850 75 200 25 �..•. NEVADA 250 400 550 650 750 850 950 1050 100 _ 225 35 NE7.1 HAMPSHIRE 250 350 450 550 625 700 775 .850 75 200 25 NE7r7 JERSEY 250 400 550 650 750 850 950 1050 100 225 35 NEW MEXICO 250 400 550 650 750 $50 950 1050 100 225 35 NEW YORK 250 400 550 650 750 850 950 1050 100 225 35 NORTH,CAROLINA 250 350 450 550 625 700 775 850 75 200 25 NORTH DAKOTA 250 350 450 550 625 700 775 850 75 200 25 OHIO 250 400 550 650 750 850 -450 1050 100 225 35 OKLAH014A 250 350 450 550 625 700 775 850 75 200 25 OREGON 250 400 550 650 750 850, 950 1050 100 225_ 35 PENNSYLVANIA 250 400 550 650 750 850 950 1050 100 225 35 PUERTO RICO 250 350 450 550 625 700 775 850 75 200 25 RHODE ISLAND 250 350 450 550 625 700 775 850 75 200 -25 SOUTH CAROLINA 250 350 450 550 625 700 775 850 75 200 25 SOUTH 'DAKOTA 250 350 450 550 625 700 775 850 75 200 25 TENNESSEE 250 350 450 550 625 700 775 850 75 200 25 TEXAS 250 350 450 550 625 700 775 850 75 200 25 UTAH 250 350* 450 550 625 700 775 850 75 200 25 VERMONT 250 350 450 550 625 700 775 850 75 200. 25 VIRGIN*ISLANDS 250 350 450 550 625 700 775 850 75 200 25 VIRGINIA 250 400 550 650 750 850 950 1050 100 225 35 WASHINGTON 250 400 550 650 750 850 950 1050 100 225 35 . WEST VIRGINIA 250 400 550 650 750 850 950 1050 . 100 225 35 WISCONSIN 250 400 550 650 750 850 950 1050 100 225 35 WYOMING 250 350 450 550 625 700 775 850 75 200 25 Exceptions: See supplementary information. (1) Person whose residential move is performed by agency, $50. (2) Move of a mobile home from site, actual cost; reasonable amount may be added for packing and securing personal property for the move at agency discretion. (3) Occupant of dormitory, $50. (FR Doc.8"780 Filed 3-1-89;8:45 am] OR CODE 4910-22-C Federal Register / Vol. 54, No. 110 / Friday, June 9, 1989 / Rules and Regulations 'k,24711 r consultative meetings.If there are any 13 as described in Recommendation TtoN:Interim rule(extension of lvariations or additional management XIII-8. c ment period). ^^� easures required by the United States (14)Harmony Point,Nelson Island, t y shall also be included in the listing South Shetland Islands:Site No.14 as sU ARY:The Defense Acquisition b w.Any specific conditions or described in Recommendation XIII-8. Reg atory Council published an interim I'm ations included in permits issued (15)Cierva Point and nearby islands, rule 'th request for public comment on and this regulation will be consistent Donco Coast,Antarctic Peninsula:Site April ,1989,54 FR 16111,to revise the with ese plans.More detailed maps No.15 as described in Recommendation Depart ent of Defense Federal and d criptions of the sites and the XIII-8. Acquisit n Regulation Supplement comple management plans as (16)Bailey Peninsula,Budd Coast, (DFARS) arts 247 and 252.The interim recomm ded at the consultative Wilkes Land:Site No.16 as described in rule imple ented the requirements of meetings n be obtained from the Recommendation XIII4. the Cargo P ference Act of 1904,10 National S 'ence Foundation,Division (17)Clark Peninsula,Budd Coast, U.S.C.2631. a original date for of Polar Pro ams,Washington,DC Wilkes Land:Site No.17 as described in submission o omments,May 22,1939, 20550. Recommendation XIII-8. has been exten ed to June 30,1989,to (b)The site f special scientific (18) White Island,McMurdo Sound: accommodate t requests of interested interest are as llows: Sit--No.18 as described in parties. (1) Cape Roy Ross Island.Site No. Recommendation XIII4. DATE:Written co ents on the interim 1 as described in ecommendation VIII- (19)Linnaeus Terrace,Asgoord rule should be sub 'tted to the address 4 as revised by Re mmendations X4, Range, Victoria Land.Site No.19 as shown below not lat than June 30, XII-5 and XIII-9. described in Recommendation XIII4. 1989,to be considere in the formulation (2)Arrival Height Hut Point (20)Eiscoe Point,Anvers Island, of a final rule. Peninsula,Ross Islan •Site No.2 as PalmerArchipelogo:Site No.20 as ADDRESS:Interested pa 'es should described in Recomme dation VIII-4 as described in Recommendation XIU-8. Defense revised by Recommend ions X-6.XII- (21)Shores of Port Foster,Deception submit written comment o: il,AT 5,XIII-7 and XIV-4.This ite does not Island,South Shetland Islands:Site No. Acquisition Regulatory C ntiv ATTN: require an entry permit. 21 as described in Recommendation Mi••Charles A Lloyd,Council, tive (3)Barwick Valley, Vict is Land.• XjII...B• Secretary,DAR Council.O SD(P)f DARS,c/o OASD(P&L)(MR Room Site No.3 as described in (22) Yukirdori Valley,Langhovde, 3D139,The Pentagon,Washin on,DC Recommendations VIII-4 as vised by Lutzow-Holm Bay.•Site No.22 as 88-47 Recommendations X-6,XII-5 d XIII-7, described in Recommendation' IV-5. in all correspondence Please cite DAR t is (4)Cape Crozier.Ross Islan . ite No. (23)Svarthamaren,Muhlig- all correspondence related to is 4 as described in Recommendati VIII- Hofmannffella,Dronning Maud Land.• subject. 4 as revised in Recommendations Site No.23 as described in FOR FURTHER INFORMATION CONTA T: XII-5 and XIII-7. Recommendation.XIV__5. Mr.Charles W.Lloyd,Executive (5)Fildes Peninsula,King George (24)Summit of Mt.Melbourne,North Secretary,DAR Council,telephone( 2) Island,South Shetland Islands:Site N Victoria Land. Site No.24 as described 697-7266• 5 as described in Recommendation VII in Recommendation XIV-5. Charles W.Lloyd, 4 as revised in Recommendations X-6, (25)Marine Plain,Mule Peninsula, Executive Secretary,Defense Acquisition XII-5 and XIII-7, Vestfold Hills,Princess Elizabeth Land.• Regulatory Council. (6)Byers Peninsula,Livingston Island, ite No.25 as described in [FR Doc.89-13653 Filed 6-8-89;8:45 am] South Shetland Islands:Site No.6 as ommendation XIV-5. SILUNG CODE 3810-01-M described in Recommendation VIII-4 as )Chile Bay(Discovery Bay), revised in Recommendations X-6,XII-5 Gre wick Island,South Shetland and XIII-7. Islan :Site No.26 as described in DEPARTMENT OF TRANSPORTATION (7)Haswell Island-Site No.7 as Recom endation XIV-5. described in Recommendation VIII-4 as (27) Foster,Deception Island, Federal Highway Administration revised in Recommendations X--6,XII-5 South Sh land Islands:Site No.27 as and XIII-7. described Recommendation)UV-5. 49 CFR Part 24 (8) Western Shore of Admiralty Bay, (28)Sout ay,Doumer Island, King George Island.•Site No.8 as Palmer Arch elago'Site No.28 as [FNWA Docket No.87-221 described in Recommendation X-5 as described in commendation XIV-5. revised in Recommendations XII-5 and RIN 2125-AB 85 .-XIII-7 Date:May 26,1 9. (9)Rothera Point,Adelaide Island. Erich Bloch, Uniform Relocation Assistance and Site No.9 as described in Director. Real Property Acquisition Regulations Recommendation XIII-8. [FR Doc.89-13603 Fil 6-8-89;8:45 am] for Federal and Federally Assisted (10)Caughley Beach, Cape Bird,Ross eiLUNG CODE 755541-M Programs;Technical Corrections Island.•Site No.10 as described in AGENCY:Federal Highway Recommendation XIII-8. Administration(FNWA),DOT. (11) Tramway Ridge,Mt.Erebus,Ross DEPARTMENT OF DEF SE ACTION:Final rule;technical corrections. Island:Site No.11 as described in 48 CFR Parts 247 and 25 Recommendation XIII-8. SUMMARY:This document contains (12)Canada Glacier,Lake Fryxell, Department of Defense Fe ral 'technical corrections to the final rule on Taylor Valley, Victoria Land.•Site No. Acquisition Regulation Sup ment; uniform relocation assistance and real 12 as described in Recommendation Ocean Transportation by U.S lag property acquisition that appeared at XIII-8. Vessels pages 8912 through 8950 in the Federal (13)Potter Peninsula,King George Register of March 2,1989(54 FR 8912) Island,South Shetland Islands:Site No. AGENCY:Department of Defense oD). FR Doc.89-4543.These technical 24712 Federal Register / Vol. 54, No. 110 / Friday, June 9, 1989 / Rules and Regulations a corrections are necessary to correct Register,by correcting the words"fund National Marine Fisheries Service,P.O. certain references and misspelled words raising"to read as one word BI 21668.Juneau,Alaska 99802-1668. of the final rule text. "fundraising"in the paragraph under the FO RTHER INFORMATION CONTACT: EFFECTIVE DATE:June 9,1989. subheading"Section 24.306(d)Nonprofit Jane E.Smoker,Fishery Management FOR FURTHER INFORMATION CONTACT: organizations";by correcting the words Biolo 'st.NMFS,907-586-7230. Mr.F.D.Luckow,Chief Program "3 points on$42,010.50"to read"3 points Requirements Division,Office of Right- on$42,010.18"in the fourth paragraph SUPP ENTARY INFORMATION:The of-Way,HRW-10,(202)368-0116;or Mr. under the subheading"Section 24.401(d) Fishery anagement Plan for S.Reid Alsop,Office of the Chief Increased mortgage interest costs";and Groundf h,of the Gulf of Alaska (FMP) Counsel,HCC-40,(202)366-1371. by correcting the words"by$42,010.18 governs t e groundfish fishery in the Federal Highway Administration,400 = .83"to read"by$42,010.18= .8331;" exclusive onomic zone in the Gulf of 7th Street,SW.,Washington,DC 20590. in the fifth paragraph under the • Alaska un r the Magnuson Fishery In FR Doc.89-4543,in the issue of subheading"Section 24.401(d)Increased Conservant n and Management Act. Thursday,March 2,1989,on pages 8912 mortgage interest costs". Regulations plementing the FMP are through 8950.in the preamble and text of at 50 CFR Pa 672.Section 672.20(a)of Appendix B .(Corrected] the regulation establishes an optimum are CFR Part 24,the following corrections 10.Appendix B to Part 24 is amended yield range of 6,000-800,000 metric are as set forth below. by correcting the words"Fiscal Year"to tons(mt)for al roundfish species in 1.In the preamble on page 8914 under read"fiscal year"in the second the Gulf of Alas a.The TACs for target the subheading"Section 24.2 paragraph"Report period"under the species and spe es groups are specified Definitions"in the first paragraph subheading"General"and by correcting annually and ap rtioned among the correct the reference"(§24.2)"to read the reference"section 20;(a)"to read as regulatory areas d districts. "(§ 24.2(1))". "section 206(a)"each time it appears in Section 672.24(b 1)restricts the trawl 2.In the preamble on page 8920,under the fourth paragraph"Lines 12 A and B" catch of sablefish i the Central the subheading Section 24.105 under the subheading Part B. .� Regulatory Area to 0 percent of the Acquisition of Tenant-owned Relocation payments and expenses. TAC.The 1989 TA pecified for Improvements,"correct the reference This document is issued under the sablefish TAC in th entral Regulatory appears. to read as"24.2(s)"each time it authority of 23 U.S.C.315 and 49 CFR 1.48. Area is 11,700 mt(54 6524,February pp . Issued on:June 1,1989. 1 13,1989);20 percent o the TAC is 2,340 §24.1 (Corrected] R.D.Morgan, mt.Under§672.24(b)( (ii),if the share 3.In §24.1(b),correct the word Executive Director. of the sablefish TAC a igned to any "personal"to read as"persons." [FR Doc.89-13641 Filed 6-8-89;8:45 am] type of gear for any ar or district is §24.2 (Corrected] BILLING CoOE 4910-2" reached,further catche of sablefish must be treated as prohi ited species by 4.In 24.2,amend paragraph(a)(1)by persons using that type gear far the correcting the words"as defined in DEPARTMENT OF COMMERCE remainder of the year. paragraph(a)(2)"to read"as defined in Sablefish are caught in 'dentally by paragraph(a)(4)"and amend paragraph Na onal Oceanic and Atmospheric vessels using trawl gear ile fishing for (g)(2)(i)by correcting the reference Ad nistration other groundfish species. a Regional "§24.403(e)"to read as"§24.403(d):' Director reports that 1,849 t of §24.101 [Corrected] 50 CF Part 672 sablefish have been harve ed by 5.In§24.101,amend paragraph(a)(2) (Docket o.81132-9033] catcher/processor vessels rough May by capitalizing the word"Agency"the 20.1989.Current daily catc rates by first time that it appears in the sentence. Groundfi of the Gulf of Alaska these vessels are as high as 8 mt per AGENCY:N tional Marine Fisheries day.At this catch rate,the lance of §24.105 [Corrected] Service( S),NOAA,Commerce. the 2,340 mt allocated to tra 1 vessels 6.In § 24.105,paragraphs(c)and(d)(2) will be harvested by 12:00 n n,a.d.t., are corrected by removing the capital ACTION:Noti of closure. June 6,1989. letter from the word"property"and SUMMARY:The irector,Alaska Region, Therefore,pursuant to using the lower case. NMFS(Regiona Director),has §672.24(b)(3)(ii), the Secreta is §24.601 [Corrected] determined that a portion of the total prohibiting further retention o sablefish 7.In §24.601,amend the word allowable catch( C)of sablefish caught with trawl gear in the ntral allocated to trawl ar in the Central Regulatory Area effective 12: noon, "Agency"by removing the capitalization Regulatory Area of a Gulf of Alaska a.d.t.,June 6,1989.After that d te,any and having it read as"agency". has been reached. Secretary of sablefish caught with trawl ge in the §24.603 [Corrected] Commerce is prohibits g further Central Regulatory Area must treated 8.In §24.603(b),amend the word retention of sablefish b trawI vessels as prohibited species and disca ed at "Agency's"in the first sentence by fishing in this district fr 12:00 noon, sea. removing the capitalization and having Alaska Daylight Time( T),on June 6, Allocation of the sablefish res urce it read as"agency's". 1989.through December 3 1989. between hook-and-line and traw gear in DATES:Effective from 12: oon,a.d.t.,. the Central Regulatory Area and e Appendix A [Corrected] on June 6,until midnight, ska continued health of all componen of 9.Appendix A to Part 24 is amended Standard Time(a.s.t.),Dece er 31, the sablefish fishery will be jeopa ized by correcting the acronym"HU"to read 1989. unless this notice takes eff6ct pro tly. as "HUD"in the fifth paragraph under ADDRESSES:Comments shoul a Therefore,NOAA finds for good c se the subheading"Section 24.2(d)(2) addressed to Steven Pennoyer, irector, that prior opportunity for public Definitions"on page 8946 of the Federal Alaska Region(Regional Directo comment on this notice is contrary